[Congressional Record Volume 159, Number 103 (Thursday, July 18, 2013)]
[House]
[Pages H4619-H4722]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          STUDENT SUCCESS ACT


                             General Leave

  Mr. KLINE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 5.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?

[[Page H4620]]

  There was no objection.
  The SPEAKER pro tempore. Pursuant to House Resolution 303 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 5.
  The Chair appoints the gentleman from Washington (Mr. Hastings) to 
preside over the Committee of the Whole.

                              {time}  1434


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
(H.R. 5) to support State and local accountability for public 
education, protect State and local authority, inform parents of the 
performance of their children's schools, and for other purposes, with 
Mr. Hastings of Washington in the chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from Minnesota (Mr. Kline) and the gentleman from 
California (Mr. George Miller) each will control 30 minutes.
  The Chair recognizes the gentleman from Minnesota.
  Mr. KLINE. Mr. Chairman, I rise today in strong support of H.R. 5, 
the Student Success Act, and yield myself as much time as I may 
consume.
  The Student Success Act will take a critical step toward real reform 
of our education system. This legislation will restore local control, 
empower parents, eliminate unnecessary Washington red tape and 
intrusion in schools, and support innovation and excellence in the 
classroom.
  As chairman of the House Education and the Workforce Committee, I've 
heard countless stories of the amazing progress being made in schools 
across the country. This success isn't due to heavy-handed dictates 
from Washington; rather, it reflects the work of dedicated parents, 
teachers, principals, superintendents, and State officials who decided 
the status quo is just not good enough for our kids.
  In dozens of committee hearings over the last few years, my 
colleagues and I have had the honor of speaking with many of these 
reformers. We learned about the groundbreaking programs and initiatives 
they've implemented to serve students more effectively.
  We listened to the ways they are working to hold schools more 
accountable, not just to the government but to their local communities 
and families. And we heard impassioned stories of how much more these 
dedicated reformers would do for our children if not for the slew of 
onerous Washington mandates and outdated regulations standing in the 
way.
  Our children deserve better. But instead of working with Congress to 
fix the problems in current K-12 education law, the Obama 
administration chose to go rogue, granting temporary waivers in 
exchange for implementing the President's preferred reforms. Thirty-
nine States and the District of Columbia are now beholden to new 
Federal standards crafted without congressional consent, representing 
an unprecedented expansion of Federal control over our Nation's 
classrooms.
  It's time for a new way forward, Mr. Chairman, that starts with 
passage of the Student Success Act. This commonsense legislation 
reflects what we've learned from parents, teachers, and education 
leaders nationwide, and embodies four principles vital to a stronger 
education system in which all students have the opportunity to succeed.
  First, the bill before us today will reduce the Federal footprint in 
our classrooms. For too long, Federal overreach has tied the hands of 
American educators. The Student Success Act will put an end to the 
administration's convoluted conditional waiver scheme and take concrete 
steps to rein in the Secretary of Education's authority.
  The legislation also will eliminate more than 70 Federal programs, 
end the rigid Federal accountability metrics and overly prescriptive 
school improvement requirements, and grant States the freedom to 
develop their own plans to raise the bar, all of which will help ensure 
a more focused, streamlined, and transparent Federal role in the 
Nation's education system.
  Second, the legislation will restore local control by providing 
States and school districts the flexibility they need to spend Federal 
funds where they are needed. School leaders know best which programs 
and initiatives will have the greatest benefit for their students' 
achievement. We must support policies that encourage more local 
decisionmaking and allow these knowledgeable school leaders and 
administrators to do what they do best: educate America's children.
  Third, the Student Success Act recognizes a better education system 
cannot come without better educators. The legislation will eliminate 
Federal requirements that value credentials over a teacher's ability to 
educate students. Instead, States or school districts should develop 
their own evaluation systems based, in part, on student achievement, 
ensuring teachers can be judged fairly on their effectiveness in the 
classroom.
  Finally, the Student Success Act will empower parents. No one has a 
better understanding of a child's strengths and challenges than his or 
her parents, and no one--no one--is more invested in making sure their 
child achieves his or her full potential. H.R. 5 provides parents more 
freedom and choice by reauthorizing and strengthening the Charter 
School Program and improving tutoring and public school choice 
initiatives.
  We have an opportunity before us today, for the first time in more 
than a decade, to approve new K-12 education legislation in the House 
of Representatives. We have an opportunity to lend our support to 
legislation that will tear down barriers to progress and grant States 
and districts more freedom to think bigger, innovate, and take whatever 
steps are necessary to put more children on the path to a brighter 
future.

  I urge my colleagues to join me in taking this critical step toward 
real reform, and ask you to vote ``yes'' on the Student Success Act.
  I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chair, I yield myself 5 minutes.
  Mr. Chair, I rise in opposition to H.R. 5, the Letting Students Down 
Act.
  H.R. 5 is supposed to be the reauthorization of the Elementary and 
Secondary Education Act and a rewrite of No Child Left Behind. The 
Elementary and Secondary Education Act was born out of Brown v. Board 
of Education. It is our Nation's education law, but it is fundamentally 
a civil rights law.
  H.R. 5 runs our country in the opposite direction from those civil 
rights promises. This bill guts funding for public education. It 
abdicates the Federal Government's responsibility to ensure that every 
child has the right to an equal opportunity and a quality education. 
And it walks away from our duty to hold school systems accountable to 
students, parents and taxpayers.
  For decades, providing all children with a quality education has been 
considered such a critical national priority that we have always found 
a way to come together in a bipartisan fashion to reauthorize and to 
update the Elementary and Secondary Education Act.
  We all recognize that a good education is a great equalizer, no 
matter where you come from, and it is necessary for a strong economy 
and a vibrant democracy. Each reauthorization of the Elementary and 
Secondary Education Act, in its own way, has moved our national 
education system forward.
  That's why now-Speaker John Boehner and I worked with then-Senator 
Ted Kennedy and President George W. Bush in crafting the No Child Left 
Behind Act more than a decade ago. We agreed that there was a soft 
bigotry of low expectations in our education system. We agreed that 
schools were hiding low achievement by some students by using the 
averages of performance in the schools, and it was wrong. Parents 
wanted to know how their child was doing, not how the average child in 
the school was doing.
  No Child Left Behind turned the lights on inside our Nation's 
schools. For the first time, parents could see whether or not their 
schools were actually teaching all students. Were they serving their 
student?
  And in the decade since the law has been in effect, the evidence is 
irrefutable that all kids can learn, given the opportunity to succeed, 
regardless of their background, just given a chance.
  However, as someone who has listened to experts in communities across

[[Page H4621]]

the Nation and its pros and cons, I recognize that we now need to 
modernize the education law, No Child Left Behind, with fundamental 
changes. No Child Left Behind is very much the education reform of the 
past. It is inflexible, and encouraged some to lower their standards, 
to reduce their standards, to dumb down their standards, which this 
Nation cannot tolerate.
  That's why it's time to rewrite this law, to embrace the principle 
that all students can learn if they're given an opportunity, and to 
encourage high standards that meet the needs of the 21st century global 
economy.
  Unfortunately, H.R. 5 moves our education system in the wrong 
direction for students and schools already struggling under a broken 
system, and lets American kids down at a critical time.
  H.R. 5 lets our students down by not guaranteeing all students have 
access to world-class, well-rounded educational opportunities needed to 
compete in a global economy.
  It lets our students down by locking sequestration cuts into 
education funding. It allows funds to be moved away from schools with 
the most poverty, and removes the requirements of States and districts 
to adequately fund their schools.
  It lets down students with disabilities by allowing schools to lower 
their standards for educating these children. And it lets our students 
down by not building on a broad consensus that we should continue to 
demand high standards of all students.
  An extraordinary cross section of business, labor, civil rights, 
disabilities and education groups are opposing this bill because it 
lets our Nation's children down. It lets our economy down.
  The National Center for Learning Disabilities says that this bill 
would dramatically alter the academic landscape for students with 
disabilities, jeopardizing their ability to graduate from high school 
or to go to college or to obtain employment.

                              {time}  1445

  The Leadership Conference on Civil Rights believes that the merit of 
an education bill is determined by its treatment of the most 
disadvantaged among us. Yet H.R. 5 permits Federal funds targeted for 
this vulnerable group of students, such as English language learners 
and Native American students, to be reallocated for other purposes.
  The business community opposes this bill. The U.S. Chamber of 
Commerce is disappointed that the bill ``does not demand targeted 
support and real improvement for students stuck in low-performing 
schools or for students whose schools are not teaching them the basics 
in reading and math.''
  I agree with these concerns. This bill is a huge step outside the 
mainstream consensus and an even bigger step backward for our Nation's 
students. We should be embracing the drive towards high standards 
across this country and ensuring that all of our children in all States 
benefit from this improved education system.
  The CHAIR. The time of the gentleman has expired.
  Mr. GEORGE MILLER of California. I yield myself an additional 30 
seconds.
  I hope that my colleagues on the other side of the aisle will agree 
that a bipartisan Elementary and Secondary Education Act authorization 
is the right process we should move forward. This is about every child 
in our country getting the education they deserve, regardless of 
poverty, disability, or other challenges. To walk away from that 
commitment means letting our students down, letting the parents down, 
and letting down taxpayers who demand accountability. It means letting 
down teachers who deserve support. It means letting down businesses who 
are counting on our school system to produce college- and career-ready 
graduates. It means letting down our future.
  We can do better than this. We can do it way better than this. I urge 
a ``no'' vote on H.R. 5, and I reserve the balance of my time.
  Mr. KLINE. Mr. Chair, I am very pleased to yield 4 minutes to the 
chairman of the Subcommittee on Early Childhood, Elementary, and 
Secondary Education, the gentleman from Indiana (Mr. Rokita).
  Mr. ROKITA. Mr. Chairman, I stand today in support of parents, 
teachers, and our communities. I stand in support of local government 
versus Federal Government. And most importantly, I stand in support of 
our children and urge my colleagues to pass the Student Success Act.
  I want to thank the distinguished gentleman from Minnesota for his 
leadership and the members of the Committee on Education and the 
Workforce for their efforts in writing this legislation.
  The Student Success Act is a huge step forward that empowers parents 
and teachers to make decisions regarding the education of our children 
while maintaining high expectations and measuring teacher 
effectiveness. For far too long, Federal education bureaucrats have 
sucked up needed education dollars and hamstrung our teachers, but 
they've done little to improve education in our Nation. And now they 
want what really amounts to a national curriculum. But is there any 
doubt bureaucratic red tape and a one-size-fits-all approach have left 
far too many of our children behind?
  We wrote this legislation because we believe that parents and 
teachers care for our children more than career bureaucrats at the 
Department of Education. We trust parents. We trust ourselves. We trust 
the States and our communities to determine what success is and how 
best to achieve it.
  Recently, I had the opportunity to visit the SENSE Charter School in 
my home State of Indiana. What I saw in the students there was nothing 
short of young people who were reaching and even exceeding their 
potential. What that visit also showed--and I've seen it in other 
schools and read it in letters I've received and saw it again as 
recently as this week at the Two Rivers Charter School in Washington, 
D.C.--was that, when given a choice, Mr. Chairman, parents will put 
their children in the schools that best fit their education needs and 
not the bureaucrats. Choice works. And funding shouldn't be tied to 
cookie-cutter Washington standards. It should be about what works and 
what doesn't work.
  SENSE Charter School was just one more example of the fact that the 
best ideas don't come from the top down, don't come from Congress, or 
even from the executive branch. They come from those who know and care 
the most about our children--and that's parents and communities. It's 
time to step back and truly ask what's best for our children and 
families.
  I came to Washington as part of a new crew who came here to change 
how Washington does business. The Student Success Act is certainly 
different by Washington standards, as we've just heard. Those on the 
other side of the aisle always advocate education policy that tells us 
as parents and as teachers that Washington knows best and that problems 
can only be solved with a new program and a bigger bureaucracy. This is 
nothing short of arrogant, Mr. Chairman. Frankly, it's pessimistic. 
It's pessimistic because it says that, when given the opportunity to 
make decisions in the best interest of children, parents will fail and 
that Washington is smarter.
  I'm an optimist, and I'm also a realist. We are optimistic that 
parents know what is best for their children. They need us to cut the 
Washington red tape blocking their way. And for our optimism we are 
likely to be the subject of demagoguery during this debate. Critics 
will say we want to harm children by cutting funding from a massive 
bureaucracy in Washington. We just heard some of that. Of course, they 
ignore the track record of a bureaucracy that treats our children as 
nothing more than nameless, faceless statistics; a bureaucracy that 
demands we continue throwing good money after bad because these false 
arguments have been around for far too long.
  If we are to truly be a society that prioritizes education and the 
success of our children, we must no longer blindly throw money away. We 
must trust in parents and teachers to know what is best for students, 
not the President and not the Secretary of Education. This bill does 
that.
  The CHAIR. The time of the gentleman has expired.
  Mr. KLINE. I yield the gentleman an additional 30 seconds.
  Mr. ROKITA. The Student Success Act empowers parents and teachers, 
maintains high standards and measures

[[Page H4622]]

of teacher effectiveness, reduces the enormous footprint of the Federal 
education bureaucracy, and finally gives parents, teachers, and States 
the flexibility they need, Mr. Chairman, in setting curriculum and 
educating our children.
  I urge, again, all of my colleagues to support this bill.
  Mr. GEORGE MILLER of California. Mr. Chair, I yield 1\1/2\ minutes to 
the gentleman from New Jersey (Mr. Andrews), a member of the committee.
  (Mr. ANDREWS asked and was given permission to revise and extend his 
remarks.)
  Mr. ANDREWS. Mr. Chairman, 11 years after Brown v. Board of Education 
presented an unfulfilled promise, in 1965 the Congress passed a law 
that said that we should have Federal resources for the children that 
were achieving the least in America's most difficult schools, many of 
whom were children of color. For 35 years after that, the essential 
strategy of the Elementary and Secondary Education Act was to send 
Federal money to these schools and hope that they tried their best. It 
didn't work.
  In 2001, in a truly bipartisan effort led by Chairman Miller at the 
time; Speaker Boehner, who was chairman of the committee at the time; 
the late Senator Kennedy; President George W. Bush and others got 
together and said, We're going to keep the resources flowing, but we're 
going to expect results. We're going to measure whether children can 
read and calculate, and we're going to see what happens. In the first 5 
years after that law passed, there were more gains than had been made 
in the previous 15 years for African American and Latino children.
  We hit a wall in about 2005. Rather than think about why that wall 
was hit and how we could work together to fix it, this bill goes in a 
whole different direction backwards to 1965. This bill essentially 
says: no strings attached, here's billions of dollars to local schools. 
We trust and hope that you will do your best. I think most of them 
will. But history shows that some of them won't. And when they leave 
behind African American children, leave behind Latino children, leave 
behind children with disabilities, that's not good enough for them, and 
that's not good enough for our country.
  We should oppose this bill.
  Mr. KLINE. Mr. Chairman, I yield 2 minutes to the gentlelady from 
Florida (Ms. Ros-Lehtinen).
  Ms. ROS-LEHTINEN. I thank the chairman for yielding.
  Mr. Chairman, like many of my colleagues, I support H.R. 5, the 
Student Success Act. I believe that States and school districts should 
be empowered to set their own priorities when educating our Nation's 
children. I also believe in supporting Florida's parents, teachers, and 
administrators to make sure that they have the resources necessary to 
give our children a world-class education, including in civics.
  Civics education, Mr. Chairman--the study of the rights and the 
duties of citizenship under our government--is an essential component 
to sustaining our constitutional democracy. There is no more important 
task than the development of an informed, effective, and responsible 
citizenry.
  According to the 2010 National Assessment for Educational Progress--
our Nation's report card--only 24 percent of high school seniors scored 
proficient in civics. That means that they had problems with the U.S. 
Constitution, civil rights, our social system, and our court system. 
Only 22 percent of eighth graders scored proficient, meaning that they 
could not recognize the role performed by the Supreme Court or identify 
the purpose of the Bill of Rights.
  Civics education programs like Close Up aim to improve the dismal 
results by allowing students and their teachers to participate in 
activities here in our Nation's Capital to increase civic 
responsibility and a true understanding of the Federal Government. 
Civic engagements activities are essential. They're important for 
underserved populations like in my congressional district. I support 
programs that allow elementary school and secondary school students to 
improve academic achievement through civics education.
  So I'm glad that the Student Success Act empowers States and school 
districts to determine their own priorities, and I urge support for 
specific programs like civic education.
  Mr. GEORGE MILLER of California. Mr. Chair, I yield 1\1/2\ minutes to 
the gentleman from Texas (Mr. Hinojosa).
  Mr. HINOJOSA. Mr. Chair, I rise in strong opposition to H.R. 5, a 
bill which denies America's children access to high-quality education 
and a chance to lead successful and prosperous lives.
  Mr. Chairman, I chose not to offer any amendments today because I 
believe this Republican bill is beyond repair and would exacerbate 
existing inequities in public education, causing irreparable harm to 
disadvantaged students. H.R. 5 slashes education by over $1 billion 
next year by locking in the sequester funding levels at a time when our 
Nation's schools are becoming increasingly diverse. Now more than ever 
our Nation's public schools need increased Federal funding to prepare 
all students for college careers and to equip them with a well-rounded 
education. To make matters worse, the Republican bill removes the 
Maintenance of Effort requirement in current law that ensures that 
States maintain education funding.
  Simply put, this is no time to gut critical education funding for 
America's children. This Republican bill abandons the Federal 
Government's historic commitment to educating disadvantaged 
populations. H.R. 5 block grants vital programs targeted for English 
language learners; migrant children; neglected and delinquent youth; 
and Indian education; and allows States and districts to siphon away 
these Federal funds and use them for other purposes.
  This Republican bill has no expectation that all students graduate 
from high school and are prepared for college and careers. More to the 
point, H.R. 5 does not require States to set college- and career-ready 
standards and eliminates performance targets for all students.
  The CHAIR. The time of the gentleman has expired.
  Mr. GEORGE MILLER of California. I yield the gentleman an additional 
30 seconds.
  Mr. HINOJOSA. I am concerned that this Republican bill walks away 
from English language learners by removing measurable performance 
targets for content mastery and second language acquisition. 
Furthermore, it is failing to require native language assessments for 
English language learners.
  In a globally competitive world, all students must be equipped with 
the skills they need to succeed in school and life. I urge my 
colleagues on both sides of the aisle to join me in opposition to H.R. 
5.
  Mr. KLINE. Mr. Chairman, I yield 2 minutes to a member of the 
committee, the gentleman from South Carolina (Mr. Wilson).
  Mr. WILSON of South Carolina. I would like to thank the chairman for 
yielding. I am very grateful to Chairman John Kline and Subcommittee 
Chairman Todd Rokita for their leadership on this very important issue 
for our children.
  Mr. Chairman, big government often creates big problems. Our 
education system needs limited government reform. Having access to the 
highest quality education paves the path for tremendous opportunity, 
success, and fulfillment. Locally elected school boards, hardworking 
teachers, school administrators, and active parents know what's best 
for our children's education needs, not Washington bureaucrats.
  The passage of today's bill, the Student Success Act, will promote 
our education system by limiting Washington's influence so that our 
leaders on the local level and classroom teachers have the power to 
make decisions to help America's children succeed.
  South Carolina's Second District has a wide range of diverse school 
districts. We have children from all backgrounds of life--wealthy, 
poor, rural, and urban communities. As an appreciative husband to a 
retired schoolteacher, I've seen firsthand what we need to do to help 
our children succeed. The best way to adequately prepare our children 
for the future is to empower our locally elected school boards, who are 
responsive to input from parents and teachers.

                              {time}  1500

  What works in suburban Lexington communities may not work in rural 
Barnwell County.

[[Page H4623]]

  The President's pushing of government education neglects our young 
people and maintains ineffective, status quo education practices. We 
must change course.
  It is time for a different, commonsense approach. We must reform our 
education system in order to provide a brighter future for our children 
and grandchildren.
  I urge my colleagues on both sides of the aisle to support this piece 
of legislation. By putting faith in our educators, school board 
members, parents and administrators, we can give every child what he or 
she deserves--quality education to fulfill their dreams.
  Mr. GEORGE MILLER of California. I yield 1 minute to the gentleman 
from Rhode Island (Mr. Langevin).
  (Mr. LANGEVIN asked and was given permission to revise and extend his 
remarks.)
  Mr. LANGEVIN. I thank the gentleman for yielding.
  Mr. Chairman, this bill fails to enact real reform, put students 
first, or invest in a well-educated and highly trained workforce. In 
particular, it neglects to hold schools accountable for student success 
and does not invest in quality teacher education development programs.
  Of additional concern is that H.R. 5 reverses decades of protections 
for students with disabilities. Now, I cannot support a bill that 
undoes so much of what we have fought for and accomplished over the 
past 30 years. Instead, I'll support the substitute offered by Ranking 
Member Miller, which addresses many of the concerns that I have and 
with whom I was proud to work on a provision which includes 
comprehensive career counseling as an allowable use of local funds.
  As cochair of the Career and Technical Education Caucus, I know that 
school counselors play a critical role in helping students move into 
careers that meet their individual needs, whether it's at a 4-year 
university, a 2-year degree, or professional certification.
  I believe that the ranking member's provision is the best way to go, 
and I do thank the ranking member for offering his amendment.
  Mr. KLINE. Mr. Chairman, I yield 2 minutes now to the chairman of the 
Subcommittee on Health, Employment, Labor, and Pensions, the gentleman 
from Tennessee (Mr. Roe).
  Mr. ROE of Tennessee. I thank the chairman for yielding.
  Mr. Chairman, I rise in strong support today for the Student Success 
Act, H.R. 5.
  The goal of increasing accountability within education under No Child 
Left Behind was a worthy one, but the reality of the law is that there 
is too much Federal control and too many mandates put upon our States, 
our local school administrators, and our teachers. Our bill today makes 
needed reforms that will move us closer to our shared goal of ensuring 
every American child receives a quality education.
  Under the Student Success Act, we are giving States and school 
administrators the flexibility to meet the unique local needs they 
understand far better than Washington bureaucrats.
  I have listened carefully to the concerns of teachers in Tennessee's 
First District; And if there's one thing I've learned, it's that the 
current accountability mechanisms undermine parents' confidence in 
their schools without providing any useful information--and by the way, 
my next-door neighbor is an elementary school principal whom I speak to 
regularly about these things.
  Today, we are eliminating Adequate Yearly Progress, a well-
intentioned, but unworkable, accountability metric, and repealing the 
Highly Qualified Teacher requirement in favor of State and local 
teacher evaluation systems. The effectiveness of a teacher should be 
judged by how well students learn, not how many credentials are hanging 
on a wall.
  Right now, there is a confusing web of overlapping programs, and we 
need to step back and ask a simple question: Are these programs 
actually meeting the needs of the students? That's why we create a 
Local Academic Flexibility Grant, which replaces 70 of these 
overlapping and often ineffective programs with one flexible grant to 
States. With this grant, States and school districts can help ensure 
local challenges are met.
  Because we have too many kids trapped in failing schools, this bill 
strengthens charter schools, which have become a viable educational 
option for thousands of hardworking students without other options.
  Finally, in recent years, the administration has been able to coerce 
States into adopting reforms using what is known as the Common Core 
Standards Initiative by offering waivers from current law. Many are 
concerned Common Core could become the foundation for a national 
curriculum. This bill will prevent States from being required to adopt 
Common Core and ensures that States will be able to choose which 
reforms they want to enact.
  Mr. GEORGE MILLER of California. I yield 1\1/2\ minutes to the 
gentlewoman from California (Mrs. Davis).
  Mrs. DAVIS of California. Mr. Chairman, we all agree that No Child 
Left Behind is outdated. A diverse coalition of education, of business, 
and of civil rights leaders also agree that H.R. 5 is not the right 
answer.
  H.R. 5 fails on all measures to promote educational equity, provide a 
well-rounded education, and help struggling schools succeed.
  It fails our hardworking teachers by creating evaluation systems 
without providing professional development.
  It fails to make the right investments by block granting critical 
programs and locking in across-the-board cuts.
  What kind of a message does this bill send to our future leaders, to 
our scientists, our teachers and innovators?
  Investing in education, well, it's not just good for our economy and 
our competitiveness. It is key to our national security, as generals 
and admirals have expressed to me through my work as ranking member of 
the Armed Services Personnel Subcommittee.
  So now, more than ever, we can't afford to let our kids down. I urge 
my colleagues to say ``no'' to H.R. 5.
  Mr. KLINE. Mr. Chairman, I yield 2 minutes to the chairman of the 
Workforce Protection Subcommittee, the gentleman from Michigan (Mr. 
Walberg).
  Mr. WALBERG. I thank my chairman.
  Mr. Chairman, our children are being held back by an outdated, 
cumbersome, and overbearing Federal system. It's clearly not working. 
Statistics show that only 34 percent of our eighth graders are 
proficient in reading and nearly one in four high school students fails 
to graduate on time.
  For the last 40 years, we have not seen any significant improvement 
in students' math, English and science scores. These results are 
especially frightening at a time when we are spending three times more 
on education than we did in 1970.
  Since then, the Federal Government's arm has extended even further 
into local school districts, leaving teachers and parents restricted by 
a growing number of rules and costly requirements. In one of the worst 
examples of this, the Department of Education has chosen to grant 
States waivers from a failing policy, but only if those States decided 
to adopt standards deemed necessary by Washington bureaucrats and not 
by Congress, let alone their educators.
  Students and parents need real solutions with freedom and choice, not 
short-term fixes with more Federal intrusion. We need to get the 
Federal Government out of the way and instead work with the teachers, 
parents, superintendents, and State leaders who are already working 
hard to raise the standards of our schools in Michigan and throughout 
the Nation.
  The Student Success Act's emphasis on increased State and local 
control by people closest to our kids will help put more students on a 
course for a successful future.
  As a parent and grandparent, I encourage my colleagues to support the 
Student Success Act.
  Mr. GEORGE MILLER of California. I yield 1 minute to the gentlewoman 
from Florida (Ms. Wasserman Schultz).
  Ms. WASSERMAN SCHULTZ. Mr. Chairman, I rise in opposition to the 
underlying bill on behalf of an entire generation of south Florida's 
children.
  The stakes could not be higher. Our K-12 public education system is 
essential for preparing the next generation of Americans to excel in 
life and to compete for the high-skilled, high-wage jobs in the global 
economy. It's why access to quality public education

[[Page H4624]]

has been a central priority for me throughout my legislative career. 
Yet faced with this national priority, the bill before us is a step 
backward, not forward. It locks in $1.3 billion of irresponsible 
sequester cuts, including tens of millions of dollars that will come 
straight out of the classrooms of Broward and Miami-Dade Counties, 
which I represent.
  For an outstanding teacher like Joan Rapps at Mirror Lake Elementary 
in Broward County, it means fewer resources for her second graders, 
less extra help, and fewer opportunities to develop as a professional 
as she strives to help our students rise above all hurdles. We cannot 
allow this to happen.
  This Congress could be working to make it possible to have an 
excellent teacher in every classroom, engage parents, and empower 
educators with the resources they need to help every child achieve 
success. Sadly, with this bill, we are doing the opposite.
  Mr. KLINE. Mr. Chairman, I yield 1 minute now to a member of the 
committee, the gentleman from Arizona (Mr. Salmon).
  Mr. SALMON. Mr. Chairman, I rise in strong support of H.R. 5, the 
Student Success Act. This is the first real glimmer of sanity and 
common sense on Federal education policy probably in the last 20 or 30 
years. I congratulate the chairman.
  As one of the speakers said before me, in the last 30 years, our 
international standing on STEM classes and math and science has gone 
from first place--I believe we're somewhere between 10th and 15th place 
on the international test scores.
  I used to listen to an adage from my father where he said if you keep 
doing what you're doing, you're going to keep getting what you're 
getting. We've had this encroachment of Federal Government time and 
time again in education policy. It doesn't work. This gives the 
flexibility to put the decisions back into the local governments--
teachers, parents, classrooms, and school boards--and that's where it 
needs to be. One size does not fit all and Washington is not the font 
of all knowledge. We can do better and we will do better, and this will 
do much better
  I have two letters from people in my local community, education 
leaders that have come out in strong support of this bill, and they're 
hard to please. So I will enter them in the Record.

                                                    July 17, 2013.
     Hon. Matt Salmon,
     Rayburn HOB, Washington, DC.
       Representative Salmon: Reading a bill with ``common'' sense 
     reform (no pun intended) for a broken education system is 
     finally giving a voice to the frustration of millions of 
     Americans witnessing the results of an over-regulated, 
     burdensome, inflexible, one size fits all government 
     intrusion into the education of our most precious resource--
     our children. Although this bill may not address all concerns 
     for all citizens, HR5 is a breath of fresh air and a good 
     start in the right direction.
       The long overdue ESEA Reauthorization asserts our 10th 
     Amendment right by reducing the federal role in education and 
     properly restoring that authority to the states and local 
     communities. This bill limits the authority of DOE, 
     eliminates overlapping programs, requires more transparency, 
     and removes the ability of the secretary of education to 
     coerce states to adopt National Common Core Standards and 
     Assessments--standards that only Washington D.C. based trade 
     associations (not parents, teachers, schools, or states) have 
     the authority to change. The DOE states they do not control 
     curriculum but with the assessments aligning to the 
     standards, of course the curriculum will also need to align 
     to the same standards.
       HR5 provides more school choice for parents. It strengthens 
     schools and student's needs in targeted populations by giving 
     more flexibility with streamlined funding. Teachers will be 
     evaluated by a state run system based on their actual ability 
     to teach rather than by their credentials. Valuable classroom 
     time can be spent on the needs of individual students instead 
     of worrying how test scores will affect teacher evaluations. 
     Haven't we already played that song with the AIMS test? We 
     should nurture and develop, rather than stifle our educators 
     love and spirit of teaching our youth. HB5 will provide the 
     mechanism to accomplish this.
       This bill gives states the opportunity to regain autonomy, 
     not only in the classroom, but internationally. Prior to the 
     creation of the DOE, we had an envious ranking when 
     benchmarked with other countries. Contrary to DOE claims, 
     there is no proof Common Core is ``internationally'' 
     benchmarked. How can it be--it is a pilot program with our 
     children being used as the guinea pigs.
       Our education system works best when government limits its 
     role to aiding and supporting the states--not controlling 
     them. HR5 doesn't cure all issues, but it takes a giant step 
     forward. I urge the members of the House of Representatives 
     to look into the eyes and minds of our children when debating 
     this bill. Their education will play a vital role in their 
     future and the future of this country. Please vote yes for 
     them, and for us.
           Sincerely,

                                               Carol Clesceri,

                               Local Education Advocate, Prominent
     Member, Education Advisory Committee.
                                  ____

                                                    July 17, 2013.
     Hon. Matt Salmon,
     Rayburn HOB,
     Washington, DC.
       Dear Representative Salmon: Most agree that the federally 
     mandated ``No Child Left Behind'' hasn't improved academic 
     performance. When you value teacher tenure and credentials 
     over a teacher's success in stimulating students to compete 
     and achieve to their highest potential, why wonder that NCLB 
     has not produced better student outcomes? When the federal 
     government imposes rules and regulations on schools, micro-
     manages teacher evaluations, grants little flexibility but 
     requires lots of additional paperwork, the result is limited 
     success.
       Our federal government plays a valuable role in the success 
     of America's students. It shines when it declares its great 
     expectations, and then supports, funds, and encourages the 
     states, local school districts, parents, and students to 
     succeed. It falls flat when it controls, burdens, and 
     restricts those who are capable of managing their own 
     success.
       I have reviewed the Student Success Act. It goes far beyond 
     simply ``taking the federal handcuffs off'' local districts, 
     teachers, and parents. Throughout the Act, you see it 
     respecting the most effective role of federal government, 
     which is a critical support system. The Act ``returns 
     authority'' for setting standards and measuring student 
     performance to states and local officials. It honors the 
     authority of states and school districts to develop teacher 
     evaluation systems. It eliminates duplicative programs, 
     streamlining them to Local Academic Flexible Grants, which 
     will allow superintendents, school leaders, and local 
     officials to make funding decisions based on what they, and 
     they alone, know will help improve student learning.
       In every category the bill emphasizes support, not control. 
     Don't good teachers need support and resources? Aren't they 
     already motivated to inspire learning? Shouldn't the federal 
     government provide grant programs that support evidence-based 
     initiatives to recruit, hire, train, compensate, and retain 
     the most effective teachers? Shouldn't the federal government 
     provide information that is helpful to education reformers 
     who want to improve troubled schools?
       This bill maintains critical funding streams for vulnerable 
     populations, but it also strengthens existing programs to 
     improve student achievement. More importantly, it provides 
     states and districts the flexibility to use funds across 
     programs to better support their students' needs.
       I have been concerned that the federal government is 
     inappropriately usurping the authority of the states, local 
     school districts, and even parents in the education of our 
     nation's children. I am especially glad to see that this bill 
     restores and protects state and local autonomy over public 
     education. What this bill does is engage parents in their 
     child's education. It provides parents more education choices 
     for their children. The federal government should not mandate 
     or control our children's education. Rather, it should 
     support and encourage parents to help their children, so they 
     can identify the best options for their children.
       Thank you for the opportunity to express my views.
                                                    Anita Christy,
                            Editor and Publisher of Gilbert Watch.

  Mr. GEORGE MILLER of California. I yield 1\1/2\ minutes to the 
gentleman from Connecticut (Mr. Courtney), a member of the committee.
  Mr. COURTNEY. Mr. Chairman, as the poison of sequestration is now 
seeping through America's economy, society, and national defense, 
there's a lot of folks in this city who are suddenly running around 
saying that they oppose sequestration. But I think if you look closely 
at this legislation, it bakes in sequestration funding levels for 
education--not just for next year, but for the next 6 years.
  Mr. Chairman, I supported the defense authorization bill, along with 
the chairman of my committee, a few weeks ago, which actually used pre-
sequestration levels for our national defense. Yet here today we are 
voting on a bill which tells America's children: sorry, you're stuck 
with sequestration. You have to allow, basically, this chain saw which 
is going through Federal programs to continue for the next 6 years at 
exactly the time when we should, as a national priority, be investing 
more in education.
  We heard from the prior speaker about the need for STEM. Absolutely.

[[Page H4625]]

There is nothing in this bill that prioritizes or focuses on the need 
for this country to step up the STEM education curriculum in this 
country. This bill is the wrong direction for people who care about 
upgrading America's competitiveness.
  Again, if you think about it, is China really going to sequester its 
education funding over the next 6 years? Are any of our other large 
economic competitors doing that? Of course not.
  This bill is a retreat; it is a surrender to sequestration--not for 
ourselves, but for our children. It is shameful. I urge a ``no'' vote 
on H.R. 5.
  Mr. KLINE. Mr. Chairman, I yield 1 minute to a member of the 
committee, the gentleman from Kentucky (Mr. Guthrie).
  Mr. GUTHRIE. I thank the gentleman for yielding.
  Mr. Chairman, I rise in support of the Student Success Act.
  As a father of three children, I know the importance of a good 
education that ensures students graduate high school prepared for post-
secondary education and the workforce.
  For years, States and school districts have been burdened by Federal 
overreach and red tape that has failed to improve the academic 
performance of our students. We can--and must--do better.
  Our State and local leaders have the best understanding of their own 
school districts and student populations. So we must get Washington out 
of our students' classrooms and equip them with the tools necessary to 
put our students on a path toward academic excellence. H.R. 5 has got 
about four key principles to do just that: reducing the Federal 
footprint, empowering parents, supporting effective teachers, and 
restoring local control.
  My colleagues and I share the belief that young people need to think 
big and dream bigger.
  I urge my colleagues to support this bill.
  Mr. GEORGE MILLER of California. I yield 1\1/2\ minutes to the 
gentlewoman from Oregon (Ms. Bonamici), a member of the committee.
  Ms. BONAMICI. I thank the ranking member for yielding.
  Mr. Chairman, I rise in opposition to H.R. 5.
  It's clear that we need long-term thinking and real changes to 
improve the Elementary and Secondary Education Act and give our 
students the schools worthy of their potential.
  H.R. 5 does some things right, but too many things wrong. It 
underfunds title 1, cutting funding to the schools most in need of our 
support. It allows students with disabilities to be taught at lower 
standards, letting those who need more attention fall through the 
cracks. It eliminates provisions that assist homeless students, puts 
too much emphasis on the failed strategy of basing teacher evaluations 
on student test scores, and, Mr. Chairman, it perpetuates inequality.
  This bill is a missed opportunity. We could--and should--be working 
on legislation that includes more support for STEM education, a bill 
that has provisions to ensure that every student receives a well-
rounded education that includes civics and arts and music. We should be 
focusing on the whole child, ensuring that every student is healthy, 
safe, engaged, supported, and challenged.

                              {time}  1515

  This bill doesn't address these important issues. I cannot support 
it, and I encourage my colleagues to oppose it as well.
  Mr. KLINE. Mr. Chairman, I yield 1 minute to the gentleman from 
Indiana, Dr. Bucshon, a member of the committee.
  Mr. BUCSHON. Mr. Chair, I rise today in support of H.R. 5, the 
Student Success Act, because our Nation's students deserve better in 
the classroom.
  The one-size-fits-all approach and expanding Federal role in our 
current system is not effectively serving our students. The Student 
Success Act corrects this problem by allowing States the freedom and 
flexibility to provide a better education to all their students, an 
education that is tailored to their students' needs.
  This bill reduces the Federal footprint in our schools and restores 
control to State and local communities where education decisions should 
be made. We ensure that parents and schoolteachers are able to make 
decisions about what is best for their students.
  Mr. Chair, as the father of four, it is very important to me that we 
provide the best educational opportunities for all children, regardless 
of where they live or their socioeconomic status. The Student Success 
Act accomplishes this goal.
  Mr. GEORGE MILLER of California. Mr. Chair, I yield 1 minute to the 
gentleman from Rhode Island (Mr. Cicilline).
  Mr. CICILLINE. Mr. Chair, I rise in strong opposition to this bill.
  America's young people must be given every opportunity to obtain a 
world-class education in the best possible environment. The future of 
our country and our ability to compete in the global economy greatly 
depends on the education of our children.
  Unfortunately, H.R. 5, the Letting Students Down Act, would cut 
education funding by over $1 billion next year and fail to support 
greater achievement of low-income students, students of color, students 
with disabilities, and English language learners. The bill also 
eliminates funding for critical afterschool programs, which work to 
improve learning opportunities for students outside the classroom by 
cultivating strong community partnerships.
  It is a tremendous failure of the House Republican leadership that we 
are voting on a bill today that fails students in so many ways and 
would do so much harm to public education in this country.
  Rather than putting forth this extreme proposal destined to fail in 
the Senate, we should be working together to ensure that a reauthorized 
Elementary and Secondary Education Act improves student achievement, 
supports teachers and principals, and provides a quality education for 
all students. This bill does not do that, and I urge my colleagues to 
vote ``no.''
  Mr. KLINE. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from 
Nevada, Dr. Heck, a member of the committee.
  Mr. HECK of Nevada. Mr. Chairman, I rise today in strong support of 
H.R. 5, the Student Success Act, because it will improve education in 
America and help our students succeed.
  My district in southern Nevada is home to, and my three children are 
products of, the Clark County School District, the fifth largest 
district in the Nation. While there are many stories of remarkable 
achievements coming out of these schools, I hear all the time from 
administrators, teachers, and parents that Federal requirements are 
getting in the way of them doing what is best for their students.
  While only a very small portion of a school district's budget comes 
from Washington, districts do not have the ability to shift the funds 
to where they are needed most, and they are forced to use scarce 
resources to check the Federal boxes to receive those funds. This one-
size-fits-all approach to education is Washington bureaucracy at its 
worst and does not take into account the specific conditions in our 
local classrooms.
  It strikes me as arrogant to imply, as my colleagues on the other 
side do, that only the Federal Government cares about student success. 
No one understands the conditions or has more of an interest in 
improving education of our children than the people who work in our 
schools and interact with students every day.
  It is time we turn control over education policy to those who are 
invested in the success of our students. The Student Success Act will 
do just that.
  I applaud Chairman Kline and the members of the committee for their 
work on this bill and urge a ``yes'' vote.
  Mr. GEORGE MILLER of California. I yield 1 minute to the gentlewoman 
from Nevada (Ms. Titus).
  Ms. TITUS. Mr. Chair, I rise in strong opposition to H.R. 5.
  My colleague from Nevada must be talking to different teachers and 
parents than I am. This bill would hurt students and teachers and 
undermine the longstanding Federal mandate to guarantee educational 
opportunity for all students.
  I am particularly concerned about the impact this bill would have on 
English language learners, especially at a time when Nevada schools 
have seen a significant increase in ELL students. These students enrich 
our

[[Page H4626]]

schools with new cultural perspectives, but they need resources and 
quality instruction to help them succeed academically. H.R. 5 would 
reduce such resources just when schools and students need them most.
  This bill would also be devastating for students in special ed. Most 
students with learning disabilities can meet high standards if they are 
given the appropriate tools. H.R. 5, however, denies them the chance to 
learn and thrive.
  Education is the best investment we can make for the future of our 
Nation, yet H.R. 5 starves our schools, reduces standards, and 
diminishes our national commitment to equal access to learning.
  Let's call it what it is, the Letting Our Students Down Act, and 
let's vote it down.
  Mr. KLINE. Mr. Chairman, may I inquire as to how much time is 
remaining on each side?
  The CHAIR. The gentleman from Minnesota has 9\1/2\ minutes remaining. 
The gentleman from California has 13 minutes remaining.
  Mr. KLINE. Thank you, Mr. Chairman.
  I would now like to yield 2 minutes to the gentleman from Indiana 
(Mr. Messer), a member of the committee.
  Mr. MESSER. Mr. Chairman, I rise in support of the Student Success 
Act and want to commend Chairman Kline and my Hoosier colleague, Mr. 
Rokita, for their good work on this important bill.
  Few laws have been used as a political punching bag by Members of 
both sides of the aisle quite as much as the No Child Left Behind law. 
Much of that criticism is deserved.
  The Student Success Act moves us past No Child Left Behind, improves 
on this law's important progress, and provides relief from the law's 
most onerous and harmful mandates. It restores local control of our 
public schools, empowers teachers, parents, and students, and gets 
Washington out of the way. This bill eliminates 70 duplicative programs 
and prohibits the DOE from implementing a national common core 
curriculum. Most importantly, it puts parents and students first.
  As a longtime proponent of school choice, I am pleased this bill 
expands charter school opportunities. We hear a lot of excuses about 
why students shouldn't have more educational choices, but the truth is 
that no child should be forced to attend a school where they have no 
chance to succeed.
  The Student Success Act recognizes the truth that, when parents have 
a choice, kids have an opportunity. More can and should be done, but 
this bill eliminates the worst of No Child Left Behind. It restores 
local control of our public schools, and it empowers teachers and 
parents. It deserves our support.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1 minute to 
the gentleman from Washington (Mr. Heck).
  Mr. HECK of Washington. Mr. Chairman, H.R. 5 continues the 
sequestration cuts to Impact Aid. If you represent a military 
installation, you know what that is, because that's where Impact Aid 
goes.
  I have the honor to represent Joint Base Lewis-McChord, the third 
largest military installation in all of America. This measure is not 
good for the children of the men and women who serve us there or any 
other military base around America. We owe them more.
  But my bigger reason for opposing this springs from my perspective as 
a businessman. If I learned anything in the private sector, including 
serving on the board of a learning and training company, it is this: to 
compete in a 21st century economy, you simply have to build a 21st 
century education system. H.R. 5 does not do that. H.R. 5 does the 
opposite of that.
  If you want, as I do, to grow this economy faster and create jobs, 
good-paying jobs, you are going to vote ``no'' on this measure.
  Mr. KLINE. Mr. Chairman, in an effort to balance the time here, I 
will reserve the balance of my time.
  Mr. GEORGE MILLER of California. I yield 1 minute to the gentleman 
from Michigan (Mr. Kildee).
  Mr. KILDEE. Thank you, Mr. Chairman, and thank you to the ranking 
member for his leadership on this issue.
  Mr. Chair, this legislation is an attack on teachers and takes away 
the tools they need to succeed in the classroom. I am exhausted by the 
continual scapegoating of America's schoolteachers.
  Teachers, like my three sisters, spend countless hours both in and 
out of the classroom, preparing curricula, and mentoring our youth in 
afterschool programs. We should help every educator grow and develop 
professionally and not standardize and reduce their performance to a 
one-size-fits-all approach.
  I am weary of elected officials who give lip service to the 
importance of good teachers. Mr. Chairman, actions speak louder than 
words.
  I urge my colleagues to vote ``no'' on this bill. The House majority 
continues to attack teachers' rights to bargain with their local 
community on conditions that are best for their local community, and I 
stand in strong opposition to this bad bill.
  Mr. KLINE. Mr. Chairman, I would now like to yield 1 minute to the 
gentleman from Illinois (Mr. Schock).
  Mr. SCHOCK. I thank the chairman.
  Mr. Chair, the 10th Amendment of the Constitution vests the 
responsibility of free public education with the States; but recently, 
the administration and the Federal Government have been running 
headlong into establishing Federal standards through a common core set 
of principles at State levels.
  H.R. 5 is an important step in reaffirming the fact that it is the 
States' rights and States' responsibility to determine what those 
students should learn within their States and, more importantly, 
reasserts the fact that locally elected school boards should be the 
sole determinants of what students should be taught and learn at local 
school districts.
  As a former school board member myself, I know the importance of 
local control. H.R. 5 reestablishes that and makes certain that the 
Secretary of Education does not have the power to force in a 
dictatorial way local States to adopt common core principles.
  For so many reasons, this bill should be passed, and I urge a ``yes'' 
vote.
  Mr. GEORGE MILLER of California. Mr. Chair, I yield myself 1\1/2\ 
minutes.
  Many of my colleagues have expressed concern over the fact that H.R. 
5 takes the level of funding to the sequestration level. I think we 
ought to understand what this means in terms of ongoing improvement in 
the education program and the educational opportunity for those young 
people who are poor minorities and who go to some of the poorest 
schools in some of the poorest districts in our country. This is going 
to really grind down their ability to be able to respond, those 
schools, those districts, those teachers, those administrators, to the 
needs of those young people.
  What it means is they will not have access to the kinds of support 
services that are necessary so that they will truly have an 
opportunity, have a full educational opportunity. We know that in many 
instances, in many of these schools, these students and these teachers 
require additional resources, require additional support systems for 
these students.
  We know that when they are given those support systems, when they are 
given those resources, these very same children are able to thrive. We 
see that demonstrated all across this country all of the time.
  I represent some of the most difficult schools in the State of 
California in the most difficult areas in the State of California, 
where children navigate very dangerous streets to get to school and to 
come back, yet we see students who were given that opportunity to have 
a first-class education are now attending Brown University and the 
University of Nebraska and UCLA and other such institutions.
  The fact is these children can learn. The question is whether we will 
supply them with the resources so they can have the opportunity to do 
so.
  I reserve the balance of my time.
  Mr. KLINE. Mr. Chairman, I now yield 2 minutes to the gentlelady from 
Alabama (Mrs. Roby), a member of the committee.
  Mrs. ROBY. Mr. Chair, I rise today in support of H.R. 5, the Student 
Success Act.
  I thank my chairman for yielding. It is a privilege to serve on this 
committee and be a part of this debate on the floor today.

[[Page H4627]]

  We need excellent teachers in every classroom and inspired 
administrators in every school, but even the most gifted educators can 
be hamstrung by overreaching mandates, regulations, and red tape.

                              {time}  1530

  Over the last several years, Federal mandates in education have grown 
at an alarming rate. Politicians and bureaucrats keep trying to fix our 
schools with a ``Washington knows best'' approach, but ask any teacher 
or principal or parent, and he'll let you know that one size does not 
fit all when it comes to education.
  That's why I am pleased that the Student Success Act reduces the 
Federal footprint in education, returning the decisionmaking authority 
to States and local districts where it belongs, and this bill expressly 
prohibits the Department of Education from making funding grants and 
regulation waivers contingent on whether a State adopts certain 
curriculum or assessment standards.
  I believe we should have the highest standards for our schools. As a 
mother of a child in public school, I am glad my State of Alabama has 
made recent efforts to increase its standards, but the problem is that 
the Obama administration has improperly inserted itself into the 
process. We need to empower all States to set their own education 
policies free from Federal intrusion. Collaboration between States in 
setting and revising standards can be a good thing. However, the 
unwelcome intrusion of the Federal Government into the process 
invariably comes with the political agenda of the White House. The 
executive branch has exceeded its appropriate reach where State 
education policy is concerned, and it is absolutely time that we rein 
it in.
  I am proud to support H.R. 5, and I encourage my colleagues on both 
sides of the aisle to support this legislation that finally puts State 
and local leaders back in control of their classrooms.
  Mr. GEORGE MILLER of California. I have no further requests for time, 
and I reserve the balance of my time.
  Mr. KLINE. Mr. Chairman, I now yield 1\1/2\ minutes to the gentleman 
from Kansas (Mr. Yoder).
  Mr. YODER. Thank you, Mr. Chairman.
  Like many of my colleagues here today, I think the future of our 
Nation lies in the quality of education that our young Americans 
receive. Americans expect and deserve the very best from our public 
schools and from our schools all across the Nation so that their 
children have the tools to handle the challenges of the 21st century.
  For far too long in this country, we've tried a one-size-fits-all, 
top down, Federal approach to educating our bright learners. Yet 
intuition tells us and experience shows us that local communities are 
better suited to make the right decisions when it comes to local public 
schools.
  That's why I am proud to support the Student Success Act--to return 
and restore local control back to our public schools. I know that 
teachers, parents, neighbors, and families are better suited to make 
decisions regarding their children's educations than bureaucrats and 
government officials in Washington, D.C.
  Mr. Chairman, let's put our communities back in charge of our future. 
Let's eliminate the top-down mandates, the strings-attached approach 
that Washington uses to educate our kids, and let's put teachers back 
in charge of the classroom and put our families and neighborhoods back 
in charge of our schools.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself such 
time as I may consume.
  This is a fundamental debate that we will be having now as we enter 
the amendment process for this legislation. This is really a debate 
about whether we go backwards or forwards as a Nation. Every Member of 
this Congress--I believe I would be correct in saying--both in the 
House and the Senate--has told their constituents how important it is 
that we have a world-class education system and how we are falling 
behind other nations. Yet we see here the consideration of legislation 
by this Chamber that, in fact, moves us to the past.
  It restricts the resources that are available. It reduces the 
accountability in the system. It fails to support teachers and 
principals--those people who almost every speaker today has said are 
the most important people in our education system. While it provides 
for teacher evaluation, which I support, it really only provides it for 
the purposes of hiring and firing a teacher, not to provide the kind of 
support and not to provide the kind of collaboration that teachers--
young teachers and new teachers to the system--bring with them in 
wanting to have that experience so they can improve their profession, 
the kinds of opportunities that teachers want, and the reason teachers 
are organizing independently among themselves, both on the Internet and 
in localities, so that they can share their skills and their talents to 
improve their abilities to deliver the education. That support is not 
here.
  You can say, Well, it's block-granted, and they can do it if they 
want.
  Not under sequestration.
  They'll be lucky if they can provide survival for the students whom 
this legislation is directed at, which are the poorest children in this 
country--minority children, English learners, children on Indian 
reservations, children who need special attention to succeed. If they 
get it, they can succeed, but this legislation doesn't do that. This 
legislation doesn't address the priority that, again, every Member in 
this body has spoken about. As for the priority that needs to be put on 
STEM, you can do it if you want to do it.
  I've listened for so many years--people say, within the Federal 
Government, it's only 5 percent of the money or it's only 6 percent of 
the money--and it's always so burdensome. Well then, don't take it. I 
know the manager's amendment says that, but that's the law today. You 
sign up for this. And if everything else is going so well, how does 
this 5 percent of the money have such bad results in the districts? 
Because the fact of the matter is, we know, for whatever reason, many, 
many school districts and many schools are failing the students that 
they're supposed to be teaching.
  This is an effort to try to assist them. This is an effort to try to 
give them the flexibility so that they can make these decisions, but if 
you send it in the form of H.R. 5, they're not going to have the 
support to do it; they're not going to have the resources to do it; 
they're not going to have the trained teachers to do it; they're not 
going to have the trained principals to do it--and that's what we 
should not be doing. We should, in fact, be emboldening our schools 
with those resources, with those talents and with those skills. We 
should make sure that every teacher has the capability, has the subject 
matter competency.
  In a poor school today, you're learning arithmetic in the fourth 
grade, you're learning mathematics in the eighth grade, you're learning 
algebra--your chances of having a teacher who understands those 
subjects and who has taken courses in those subjects is one in seven. 
Shouldn't it be, for those children, one in one? Shouldn't it be that 
every classroom has a teacher who has subject matter competency? But we 
all know in our districts that that's not what happens in many of these 
schools. We know that, in fact, an art teacher is asked to go into a 
mathematics class. We know that a part-time history teacher is asked, 
Can you help us out in the science class?
  That's not how you maintain this country's being number one in the 
Nation. That's not the education system that will do it. We can poke 
along, and we can lament, and we can worry about China and India and 
about countries that are making a commitment to their education systems 
and to their research facilities, but unless we make that commitment, 
we won't be running that race in the next generation. We will have 
settled in to some other place than number one, and I don't think 
that's acceptable to the people of this country.

  We have been told by all business leaders who come here--whether they 
come from Silicon Valley or they come from the manufacturing areas of 
the country in the Midwest--that they want a stronger K through 12 
system. That's why the Chamber of Commerce and the Business Roundtable 
have serious problems and are in opposition to H.R. 5, because it 
doesn't meet their needs that they say that they need in terms of a 
future educated population in order to get those skilled workers, to 
get that talent base, to get that future innovation. That's their 
decision,

[[Page H4628]]

not my decision. That's also the decision of the civil rights groups. 
That's also the decision of the parents with children with disabilities 
and of the disabilities community. That's also the decision of the 
educators in these systems.
  This legislation is not up to the standards of America. It doesn't 
meet America's future needs. It doesn't meet the standards of 
excellence, and it doesn't meet the commitment of resources that this 
Nation should be making on behalf of the schoolchildren in this Nation 
and of future generations.
  I yield back the balance of my time.
  Mr. KLINE. I yield myself the remainder of my time.
  Mr. Chairman, it has been 12 years since anybody in either body--
House or Senate--has had a chance to come to the floor in either 
Chamber and vote on education policy. The Elementary and Secondary 
Education Act has been overdue for reauthorization since 2007. When our 
colleagues on the other side of the aisle were in the majority or since 
we've been in the majority, neither party has been able to bring 
legislation to the floor in either body. Our children deserve better.
  We've been in a situation for years now in which the Congress of the 
United States--House and Senate--has abdicated completely to this 
administration its responsibility for establishing public policy. This 
administration has been issuing conditional, temporary waivers to suit 
its idea of what education policy ought to be, not what the legislative 
body and not what the people we represent say it ought to be.
  Our children deserve real reform of the Nation's education system. We 
can't allow these conditional waivers or temporary fixes or political 
infighting and an impasse here--whether the Democrats or the 
Republicans are in charge--to keep us from our fundamental 
responsibility to improve what is now, I believe, universally 
recognized to be a flawed law.
  By passing the Student Success Act today, we can help ensure that 
teachers, principals, superintendents, and State and local officials 
have more opportunities to build a more responsive and effective 
education system that better meets the unique needs of every student 
and, in fact, yes, of businesses. A vote for this bill demonstrates our 
heartfelt commitment to reform, proving to families nationwide, Mr. 
Chairman, that the House of Representatives will not stand by and allow 
the administration to micromanage our classrooms or to defend the 
failed status quo.
  I urge my colleagues to vote ``yes'' on H.R. 5, and I yield back the 
balance of my time.
  Ms. FUDGE. Mr. Chair, I rise today in opposition to H.R. 5, the 
Letting Students Down Act. This legislation fails our students, 
teachers, and families. It is a step back for our country's education 
system at a time when we should be running forward.
  I have many concerns with H.R. 5.
  The bill turns Title 1 funding into a block grant program. This 
change will disproportionally harm many disadvantaged low-income 
students. Schools across the country, including some in my 
Congressional district, rely on these funds to help ensure that all 
children meet state academic standards.
  In addition to block granting Title 1 funds, H.R. 5 weakens current 
accountability measures for students, teachers, and schools.
  The Republican bill does not require states to set high standards to 
graduate students college and career-ready. It also does not require 
low-performing schools to work towards improvement; instead, it 
eliminates all current school improvement requirements.
  Every student in America has a constitutional right to a high quality 
education. It is the job of this Congress to secure that right without 
delay.
  The bill before us falls short in providing the quality education 
that our students deserve, and I refuse to take part in supporting 
legislation that fails our students and their families. I oppose H.R. 5 
and encourage my colleagues to do the same.
  Mr. CONNOLLY. Mr. Chair, I represent Virginia's two largest school 
districts, which have a combined enrollment of more than 265,000 
students. As a parent and former member of the Fairfax County Board of 
Supervisors, I know the success of our community and others across 
America is directly related to the quality of our local schools. 
Fortunately, we have strong local support for our schools, particularly 
within the business community, which recognizes the value of investing 
in our young people and future workforce. As a result, our community 
has the nation's premier high school for science and technology and 
strong academic achievement across all student groups. That has 
attracted families and employers to our region, which now is home to 
Virginia's largest public university and 10 Fortune 500 companies.
   The long-overdue reauthorization of ESEA presents us with a 
tremendous opportunity to improve learning conditions for students and 
teachers. Sadly, the Republican bill before the House today retreats on 
that promise and, contrary to its title, will not provide the necessary 
tools for all students to succeed. H.R. 5 cuts federal education 
support by $1 billion next year and locks in the reduced levels of 
funding under sequestration for the foreseeable future. It also changes 
how those dollars are allocated, diluting services for low-income 
students and English language learners. That represents a disinvestment 
in our classrooms, and it will put our children--and our nation--at a 
competitive disadvantage. The U.S. Chamber of Commerce specifically 
cites the lack of rigorous college- and career-ready standards in 
opposing the Republican majority's bill. Fairfax County Public Schools 
Superintendent Karen Garza also expressed concern about the reduced 
level of funding in this bill, and I am including a copy of that 
letter.
  I also am troubled by the changes being made in the standards for 
children with disabilities. For all of its flaws, one of the positive 
outcomes of No Child Left Behind was the fact that it held school 
districts accountable for the progress of every child, which provided 
students with disabilities the opportunity to learn--and in many cases 
master--grade level content and advance alongside their peers. The 
Republican bill will cast that success aside and allow states to teach 
and assess students with disabilities under an alternate, less-
challenging set of standards. That is unacceptable, and it is one of 
the reasons why organizations such as the National Disability Rights 
Network oppose this bill.
   Further, the Republican bill does not adequately address two other 
important programs that support students in our community. First, H.R. 
5 eliminates the dedicated funding for before- and after-school 
programs that have a proven record for providing academic and social 
support, particularly for at-risk students, and for improving classroom 
achievement. For example, when I was Chairman of the Fairfax County 
Board of Supervisors, we received a federal 21st Century Community 
Learning Center grant. At the time, we were concerned with the growing 
rate of gang participation and gang-related crime being committed by 
young people. We used that federal grant to help expand our after-
school programs from just 3 middle schools to all 26. Community and 
business partners also came forward to provide summer-school 
scholarships and mentoring support. As a result, gang participation 
dropped by half. Unlike H.R. 5, the Democratic substitute offered by 
Ranking Member Miller would create a separate dedicated funding stream 
to support before- and after-school programs so that we are offering 
positive enrichment opportunities for young people.
   H.R. 5 also reduces funding for homeless students despite the fact 
that we've seen a 57% increase in the nation's homeless student 
population in the past four years as a result of the Great Recession. 
Even in my district, which is ranked as one of the wealthiest in the 
nation, we have nearly 2,500 homeless students in our classrooms. That 
is a 40% increase compared to five years ago. We must do more, not 
less, to support these young people who should not have to worry about 
where their next meal will come from or where they will sleep tonight 
while they try to navigate the social and academic challenges of a 
typical school day. The Democratic substitute will ensure more students 
suffering homelessness will receive the vital support they need to have 
some sense of stability in their lives.
   Mr. Chair, the education of our children should not be driven by 
partisan ideology, yet that is what House Republicans have brought 
before us today. Their so-called reforms will, in fact, leave children 
behind. If we are to fulfill the promise of having a world-class 
education system, then we need to provide adequate support and funding 
for our schools, teachers, and students. I urge my colleagues to oppose 
H.R. 5 and to support the Democratic substitute so we can do just that.


                 Letter from FCPS Superintendent Garza

       Honorable Gerry E. Connolly: We wish to share our comments 
     and concerns regarding the Student Success ACT (H.R. 5), a 
     proposed reauthorization of the Elementary and Secondary 
     Education Act (ESEA), which may be on the House floor later 
     today.
       The Fairfax County School Board strongly supports the 
     ideals embodied by ESEA, namely that every child is capable 
     of learning and that every school and school division must be 
     held accountable for educating every student to his or her 
     potential, but has been deeply concerned about the intrusive 
     administrative and fiscal burdens placed on local school 
     divisions by ESEA in its current form. In terms of the 
     entirety of H.R. 5, Fairfax County Public Schools (FCPS) 
     agrees

[[Page H4629]]

     with the position taken by the National School Boards 
     Association (NSBA); which supports the long overdue 
     reauthorization included in H.R. 5 in concept, but which 
     urges some significant changes (such as the reinstatement of 
     state Maintenance of Effort (MOE) provisions as well as 
     removal of authorizing funding caps which would hold 
     appropriations to current sequestration levels and then 
     freeze them for five years) prior to its eventual passage. We 
     would also concur with NSBA in opposing any amendments 
     proposing to add private school vouchers or Title I 
     ``portability'' to the legislation.
       We specifically want to draw your attention to one possible 
     amendment to H.R. 5 which could have a very significant 
     impact on FCPS. It is our understanding that Congressman 
     Glenn Thompson (R-PA) plans to introduce language similar to 
     his All Children Are Equal Act (ACE Act, H.R. 2658), which if 
     adopted would have a significant negative impact on FCPS 
     Title I funding (a projected loss of $5.4M in Title I funding 
     over four years, see chart below) and on Fairfax students who 
     are living in poverty. We would urge you to reject that 
     amendment.
       Title I is intended ``to ensure that all children have a 
     fair, equal, and significant opportunity to obtain a high 
     quality education.'' Students living in poverty and schools 
     with high poverty rates have educational needs that require 
     additional resources from Title I funding to ``level the 
     playing field'' regardless of their location. Some states are 
     divided into many small school districts, some of which have 
     only one secondary school and very few elementary schools. 
     Other states have designated school districts in alignment 
     with very large geographic counties, where districts may 
     include hundreds of schools. Large school districts may 
     include urban, suburban and rural-like components all within 
     the boundaries of one large division. Children and schools 
     located within ``pockets'' of poverty in a large district 
     have the same educational resource needs as those in smaller 
     school districts with fewer students. The diverse settings of 
     schools with high poverty rates from state to state require 
     diversity within Title I funding formulas so that schools 
     from both small and large districts can receive resources to 
     support needy students.
       The particular amendment the House may consider seeks to 
     phase in a shift in the funding distribution formula for 
     Title I from calculations that are currently based on both 
     absolute numbers of students in poverty as well as on 
     percentages of students in poverty, to one reliant only on 
     percentages. Given Fairfax's size (with over 180,000 
     students); FCPS has a relatively low overall poverty rate but 
     a very significant number of students in poverty. As of 2011, 
     there were an estimated 15,915 children between the ages of 5 
     and 18 living at or below the poverty rate in Fairfax County. 
     That number exceeds the total student population in all but 
     15 jurisdictions in Virginia (there are 133 total school 
     divisions in Virginia). While Fairfax's overall percentage of 
     free lunch eligible students was just over 20% in the 2011-
     2012 school year, 22 Fairfax schools had a free lunch 
     population of greater than 50% (with the highest schools 
     having over 74% eligible students). In total, over 46,000 
     Fairfax students are eligible for the free and reduced lunch 
     program, which has an eligibility threshold of up to 185% of 
     the poverty rate.
       For small school districts, the percentage system can be 
     advantageous, as they may not have large absolute numbers of 
     students. For larger school districts with ``pockets'' of 
     poverty, the absolute number system may level the playing 
     field so that schools with high poverty rates may receive 
     appropriate resources, even though the overall poverty rate 
     of the entire division may not be as high as a smaller 
     division with fewer schools.
       If only the percentage system were used, as would be 
     proposed by Rep. Thompson's amendment, students in high 
     poverty schools in larger school districts would lose Title I 
     funding support. Students in poverty are not able to choose 
     whether they live in a small or large school district, nor 
     can they determine the percentage of poverty in the school 
     district in which they live. Nonetheless, regardless of where 
     they live, their needs are similar and they deserve 
     equivalent access to Title I resources.
       The current system, which includes the options of both the 
     percentage and absolute number calculations, provides a 
     balanced approach for both small and large districts, and 
     thus provides necessary Title I resources for students in 
     high poverty schools, no matter where they live. For these 
     reasons, the current two alternative weighting systems, 
     percentage and absolute number, should be continued in 
     calculating Title I funding allocations, so that students in 
     high poverty schools can equitably receive Title I resources 
     whether they live in a small or large district.
       FCPS would strongly support additional overall funding for 
     the Title I program should that be part of the discussion, 
     but again urges you to reject Rep. Thompson's Title I formula 
     amendment if it is introduced. If you have questions or 
     concerns, please feel free to contact Michael Molloy, 
     Director of Government Relations, Fairfax County Public 
     Schools at MAM[email protected] or 571-423-1240. Thank you for 
     your consideration and your support of the Fairfax County 
     Public Schools and public K-12 education.
                                            Karen K. Garza, Ph.D.,
           Division Superintendent, Fairfax County Public Schools.

  Ms. FUDGE. Mr. Speaker, at a time when one-third of our nation's 
children are overweight or obese, educating them in physical 
competence, health-related fitness and healthy behaviors is critical to 
their development and long-term success as productive citizens.
  Unfortunately, my Republican Colleagues fail to address this need in 
H.R.
  Quality physical education and health education programs are 
essential components of a comprehensive K-12 curriculum. Recent 
studies, such as the Health in Mind report released by the Healthy 
Schools Campaign, show that health and fitness are linked to improved 
academic performance, cognitive ability, and behavior, as well as, 
reduced truancy.
  Physical education increases physical competence, health-related 
fitness, social responsibility and enjoyment of physical activity. 
Quality health education is also essential to supporting the formation 
of health-literate and health-conscious adults, and the development of 
life-long healthy habits that can help reduce the enormous burden of 
health care costs to this nation.
  The lack of physically fit and health-literate graduates has become a 
national security issue--being overweight or obese has become the 
leading medical reason why applicants fail to qualify for military 
service. The Institute of Medicine recognizes the important role 
physical education plays in combating childhood obesity, and that is 
why it recently recommended that physical education be included as a 
core subject in schools.
  Unfortunately, many schools today do not provide adequate physical 
education or health education as recommended by health-related national 
organizations and the Centers for Disease Control and Prevention. 
Subjects that are not considered ``core'' under the current education 
law are frequently marginalized and too often eliminated due to a lack 
of funding or administrative priority.
  Given the obesity epidemic in our country, it is unfortunate that my 
Republican colleagues did not include health education and physical 
education as core subjects in their bill. It is my sincere hope that as 
the bill moves forward in the Senate these subjects will be included 
and this issue will be rectified.
  The CHAIR. All time for general debate has expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule.
  In lieu of the amendment in the nature of a substitute recommended by 
the Committee on Education and the Workforce, printed in the bill, it 
shall be in order to consider as an original bill for the purpose of 
amendment under the 5-minute rule an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 113-18. That 
amendment in the nature of a substitute shall be considered as read.
  The text of the amendment in the nature of a substitute is as 
follows:

                                 H.R. 5

  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 ``Student Success Act''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

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

               TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES

                         Subtitle A--In General

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

  Subtitle B--Improving the Academic Achievement of the Disadvantaged

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

[[Page H4630]]

Sec. 127. Education finance incentive grant program.
Sec. 128. Carryover and waiver.

       Subtitle C--Additional Aid to States and School Districts

Sec. 131. Additional aid.

                    Subtitle D--National Assessment

Sec. 141. National assessment of title I.

                 Subtitle E--Title I General Provisions

Sec. 151. General provisions for title I.

            TITLE II--TEACHER PREPARATION AND EFFECTIVENESS

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

          TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

Sec. 301. Parental engagement and local flexibility.

                          TITLE IV--IMPACT AID

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

                TITLE V--GENERAL PROVISIONS FOR THE ACT

Sec. 501. General provisions for the Act.
Sec. 502. Repeal.
Sec. 503. Other laws.
Sec. 504. Amendment to IDEA.

                            TITLE VI--REPEAL

Sec. 601. Repeal of title VI.

                     TITLE VII--HOMELESS EDUCATION

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

     SEC. 3. REFERENCES.

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

     SEC. 4. TRANSITION.

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

     SEC. 5. EFFECTIVE DATES.

       (a) In General.--Except as otherwise provided in this Act, 
     this Act, and the amendments made by this Act, shall be 
     effective upon the date of enactment of this Act.
       (b) Noncompetitive Programs.--With respect to 
     noncompetitive programs under which any funds are allotted by 
     the Secretary of Education to recipients on the basis of a 
     formula, this Act, and the amendments made by this Act, shall 
     take effect on October 1, 2013.
       (c) Competitive Programs.--With respect to programs that 
     are conducted by the Secretary on a competitive basis, this 
     Act, and the amendments made by this Act, shall take effect 
     with respect to appropriations for use under those programs 
     for fiscal year 2014.
       (d) Impact Aid.--With respect to title IV of the Act (20 
     U.S.C. 7701 et seq.) (Impact Aid), this Act, and the 
     amendments made by this Act, shall take effect with respect 
     to appropriations for use under that title for fiscal year 
     2014.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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

     ``SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.

       ``(a) Title I.--
       ``(1) Part a.--There are authorized to be appropriated to 
     carry out part A of title I $16,651,767,000 for each of 
     fiscal years 2014 through 2019.
       ``(2) Part b.--There are authorized to be appropriated to 
     carry out part B of title I $3,028,000 for each of fiscal 
     years 2014 through 2019.
       ``(b) Title II.--There are authorized to be appropriated to 
     carry out title II $2,441,549,000 for each of fiscal years 
     2014 through 2019.
       ``(c) Title III.--
       ``(1) Part a.--
       ``(A) Subpart 1.--There are authorized to be appropriated 
     to carry out subpart 1 of part A of title III $300,000,000 
     for each of fiscal years 2014 through 2019.
       ``(B) Subpart 2.--There are authorized to be appropriated 
     to carry out subpart 2 of part A of title III $91,647,000 for 
     each of fiscal years 2014 through 2019.
       ``(C) Subpart 3.--There are authorized to be appropriated 
     to carry out subpart 3 of part A of title III $25,000,000 for 
     each of fiscal years 2014 through 2019.
       ``(2) Part b.--There are authorized to be appropriated to 
     carry out part B of title III $2,055,709,000 for each of 
     fiscal years 2014 through 2019.
       ``(d) Title IV.--
       ``(1) Payments for federal acquisition of real property.--
     For the purpose of making payments under section 4002, there 
     are authorized to be appropriated $63,445,000 for each of 
     fiscal years 2014 through 2019.
       ``(2) Basic payments; payments for heavily impacted local 
     educational agencies.--For the purpose of making payments 
     under section 4003(b), there are authorized to be 
     appropriated $1,093,203,000 for each of fiscal years 2014 
     through 2019.
       ``(3) Payments for children with disabilities.--For the 
     purpose of making payments under section 4003(d), there are 
     authorized to be appropriated $45,881,000 for each of fiscal 
     years 2014 through 2019.
       ``(4) Construction.--For the purpose of carrying out 
     section 4007, there are authorized to be appropriated 
     $16,529,000 for each of fiscal years 2014 through 2019.
       ``(5) Facilities maintenance.--For the purpose of carrying 
     out section 4008, there are authorized to be appropriated 
     $4,591,000 for each of fiscal years 2014 through 2019.''.

               TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES

                         Subtitle A--In General

     SEC. 101. TITLE HEADING.

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

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

     SEC. 102. STATEMENT OF PURPOSE.

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

     ``SEC. 1001. STATEMENT OF PURPOSE.

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

     SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS.

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

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

       ``(a) Alternative Uses of Federal Funds for State 
     Educational Agencies.--
       ``(1) In general.--Subject to subsections (c) and (d) and 
     notwithstanding any other provision of law, a State 
     educational agency may use the applicable funding that the 
     agency receives for a fiscal year to carry out any State 
     activity authorized or required under one or more of the 
     following provisions:
       ``(A) Section 1003.
       ``(B) Section 1004.
       ``(C) Subpart 2 of part A of title I.
       ``(D) Subpart 3 of part A of title I.
       ``(E) Subpart 4 of part A of title I.
       ``(F) Chapter B of subpart 6 of part A of title I.
       ``(2) Notification.--Not later than June 1 of each year, a 
     State educational agency shall notify the Secretary of the 
     State educational agency's intention to use the applicable 
     funding for any of the alternative uses under paragraph (1).
       ``(3) Applicable funding defined.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     in this subsection, the term `applicable funding' means funds 
     provided to carry out State activities under one or more of 
     the following provisions.
       ``(i) Section 1003.
       ``(ii) Section 1004.
       ``(iii) Subpart 2 of part A of title I.
       ``(iv) Subpart 3 of part A of title I.
       ``(v) Subpart 4 of part A of title I.
       ``(B) Limitation.--In this subsection, the term `applicable 
     funding' does not include funds provided under any of the 
     provisions listed in subparagraph (A) that State educational 
     agencies are required by this Act--
       ``(i) to reserve, allocate, or spend for required 
     activities;
       ``(ii) to allocate, allot, or award to local educational 
     agencies or other entities eligible to receive such funds; or
       ``(iii) to use for technical assistance or monitoring.
       ``(4) Disbursement.--The Secretary shall disburse the 
     applicable funding to State educational agencies for 
     alternative uses under paragraph (1) for a fiscal year at the 
     same time as the Secretary disburses the applicable funding 
     to State educational agencies that do not intend to use the 
     applicable funding for such alternative uses for the fiscal 
     year.
       ``(b) Alternative Uses of Federal Funds for Local 
     Educational Agencies.--
       ``(1) In general.--Subject to subsections (c) and (d) and 
     notwithstanding any other provision of law, a local 
     educational agency may use the applicable funding that the 
     agency receives for a fiscal year to carry out any local 
     activity authorized or required under one or more of the 
     following provisions:
       ``(A) Section 1003.
       ``(B) Subpart 1 of part A of title I.

[[Page H4631]]

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

     SEC. 104. SCHOOL IMPROVEMENT.

       Section 1003 (20 U.S.C. 6303) is amended--
       (1) in subsection (a)--
       (A) by striking ``2 percent'' and inserting ``7 percent''; 
     and
       (B) by striking ``subpart 2 of part A'' and all that 
     follows through ``sections 1116 and 1117,'' and inserting 
     ``chapter B of subpart 1 of part A for each fiscal year to 
     carry out subsection (b),'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``for schools identified 
     for school improvement, corrective action, and restructuring, 
     for activities under section 1116(b)'' and inserting ``to 
     carry out the State's system of school improvement under 
     section 1111(b)(3)(B)(iii)''; and
       (B) in paragraph (2), by striking ``or educational service 
     agencies'' and inserting ``, educational service agencies, or 
     non-profit or for-profit external providers with expertise in 
     using evidence-based or other effective strategies to improve 
     student achievement'';
       (3) in subsection (c)--
       (A) in paragraph (1), by inserting ``and'' at the end;
       (B) in paragraph (2), by striking ``need for such funds; 
     and'' and inserting ``commitment to using such funds to 
     improve such schools.''; and
       (C) by striking paragraph (3);
       (4) in subsection (d)(1), by striking ``subpart 2 of part 
     A;'' and inserting ``chapter B of subpart 1 of part A;'';
       (5) in subsection (e)--
       (A) by striking ``in any fiscal year'' and inserting ``in 
     fiscal year 2015 and each subsequent fiscal year'';
       (B) by striking ``subpart 2'' and inserting ``chapter B of 
     subpart 1 of part A''; and
       (C) by striking ``such subpart'' and inserting ``such 
     chapter'';
       (6) in subsection (f), by striking ``and the percentage of 
     students from each school from families with incomes below 
     the poverty line''; and
       (7) by striking subsection (g).

     SEC. 105. DIRECT STUDENT SERVICES.

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

     ``SEC. 1003A. DIRECT STUDENT SERVICES.

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

     SEC. 106. STATE ADMINISTRATION.

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

     ``SEC. 1004. STATE ADMINISTRATION.

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

  Subtitle B--Improving the Academic Achievement of the Disadvantaged

     SEC. 111. PART A HEADINGS.

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

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

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

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

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

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

                      ``CHAPTER B--ALLOCATIONS''.

     SEC. 112. STATE PLANS.

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

     ``SEC. 1111. STATE PLANS.

       ``(a) Plans Required.--
       ``(1) In general.--For any State desiring to receive a 
     grant under this subpart, the State educational agency shall 
     submit to the Secretary a plan, developed by the State 
     educational agency, in consultation with local educational 
     agencies, teachers, school leaders, public charter school 
     representatives, specialized instructional support personnel, 
     other appropriate school personnel, and parents, that 
     satisfies the requirements of this section and that is 
     coordinated with other programs under this Act, the 
     Individuals with Disabilities Education Act, the

[[Page H4632]]

     Carl D. Perkins Career and Technical Education Act of 2006, 
     the Head Start Act, the Adult Education and Family Literacy 
     Act, and the McKinney-Vento Homeless Assistance Act.
       ``(2) Consolidated plan.--A State plan submitted under 
     paragraph (1) may be submitted as part of a consolidated plan 
     under section 5302.
       ``(b) Academic Standards, Academic Assessments, and State 
     Accountability.--
       ``(1) Academic standards.--
       ``(A) In general.--Each State plan shall demonstrate that 
     the State has adopted academic content standards and academic 
     achievement standards aligned with such content standards 
     that comply with the requirements of this paragraph.
       ``(B) Subjects.--The State shall have such academic 
     standards for mathematics, reading or language arts, and 
     science, and may have such standards for any other subject 
     determined by the State.
       ``(C) Requirements.--The standards described in 
     subparagraph (A) shall--
       ``(i) apply to all public schools and public school 
     students in the State; and
       ``(ii) with respect to academic achievement standards, 
     include the same knowledge, skills, and levels of achievement 
     expected of all public school students in the State.
       ``(D) Alternate academic achievement standards.--
     Notwithstanding any other provision of this paragraph, a 
     State may, through a documented and validated standards-
     setting process, adopt alternate academic achievement 
     standards for students with the most significant cognitive 
     disabilities, if--
       ``(i) the determination about whether the achievement of an 
     individual student should be measured against such standards 
     is made separately for each student; and
       ``(ii) such standards--

       ``(I) are aligned with the State academic standards 
     required under subparagraph (A);
       ``(II) promote access to the general curriculum; and
       ``(III) reflect professional judgment as to the highest 
     possible standards achievable by such students.

       ``(E) English language proficiency standards.--Each State 
     plan shall describe how the State educational agency will 
     establish English language proficiency standards that are--
       ``(i) derived from the four recognized domains of speaking, 
     listening, reading, and writing; and
       ``(ii) aligned with the State's academic content standards 
     in reading or language arts under subparagraph (A).
       ``(2) Academic assessments.--
       ``(A) In general.--Each State plan shall demonstrate that 
     the State educational agency, in consultation with local 
     educational agencies, has implemented a set of high-quality 
     student academic assessments in mathematics, reading or 
     language arts, and science. At the State's discretion, the 
     State plan may also demonstrate that the State has 
     implemented such assessments in any other subject chosen by 
     the State.
       ``(B) Requirements.--Such assessments shall--
       ``(i) in the case of mathematics and reading or language 
     arts, be used in determining the performance of each local 
     educational agency and public school in the State in 
     accordance with the State's accountability system under 
     paragraph (3);
       ``(ii) be the same academic assessments used to measure the 
     academic achievement of all public school students in the 
     State;
       ``(iii) be aligned with the State's academic standards and 
     provide coherent and timely information about student 
     attainment of such standards;
       ``(iv) be used for purposes for which such assessments are 
     valid and reliable, be of adequate technical quality for each 
     purpose required under this Act, and be consistent with 
     relevant, nationally recognized professional and technical 
     standards;
       ``(v)(I) in the case of mathematics and reading or language 
     arts, be administered in each of grades 3 through 8 and at 
     least once in grades 9 through 12;
       ``(II) in the case of science, be administered not less 
     than one time during--

       ``(aa) grades 3 through 5;
       ``(bb) grades 6 through 9; and
       ``(cc) grades 10 through 12; and

       ``(III) in the case of any other subject chosen by the 
     State, be administered at the discretion of the State;
       ``(vi) measure individual student academic proficiency and 
     growth;
       ``(vii) at the State's discretion--

       ``(I) be administered through a single annual summative 
     assessment; or
       ``(II) be administered through multiple assessments during 
     the course of the academic year that result in a single 
     summative score that provides valid, reliable, and 
     transparent information on student achievement;

       ``(viii) include measures that assess higher-order thinking 
     skills and understanding;
       ``(ix) provide for--

       ``(I) the participation in such assessments of all 
     students;
       ``(II) the reasonable adaptations and accommodations for 
     students with disabilities necessary to measure the academic 
     achievement of such students relative to the State's academic 
     standards; and
       ``(III) the inclusion of English learners, who shall be 
     assessed in a valid and reliable manner and provided 
     reasonable accommodations, including, to the extent 
     practicable, assessments in the language and form most likely 
     to yield accurate and reliable information on what such 
     students know and can do in academic content areas, until 
     such students have achieved English language proficiency, as 
     assessed by the State under subparagraph (D);

       ``(x) notwithstanding clause (ix)(III), provide for the 
     assessment of reading or language arts in English for English 
     learners who have attended school in the United States (not 
     including Puerto Rico) for 3 or more consecutive school 
     years, except that a local educational agency may, on a case-
     by-case basis, provide for the assessment of reading or 
     language arts for each such student in a language other than 
     English for a period not to exceed 2 additional consecutive 
     years if the assessment would be more likely to yield 
     accurate and reliable information on what such student knows 
     and can do, provided that such student has not yet reached a 
     level of English language proficiency sufficient to yield 
     valid and reliable information on what such student knows and 
     can do on reading or language arts assessments written in 
     English;
       ``(xi) produce individual student interpretive, 
     descriptive, and diagnostic reports regarding achievement on 
     such assessments that allow parents, teachers, and school 
     leaders to understand and address the specific academic needs 
     of students, and that are provided to parents, teachers, and 
     school leaders, as soon as is practicable after the 
     assessment is given, in an understandable and uniform format, 
     and to the extent practicable, in a language that parents can 
     understand;
       ``(xii) enable results to be disaggregated within each 
     State, local educational agency, and school by gender, by 
     each major racial and ethnic group, by English language 
     proficiency status, by migrant status, by status as a student 
     with a disability, and by economically disadvantaged status, 
     except that, in the case of a local educational agency or a 
     school, such disaggregation shall not be required in a case 
     in which the number of students in a category is insufficient 
     to yield statistically reliable information or the results 
     would reveal personally identifiable information about an 
     individual student; and
       ``(xiii) be administered to not less than 95 percent of all 
     students, and not less than 95 percent of each subgroup of 
     students described in paragraph (3)(B)(ii)(II).
       ``(C) Alternate assessments.--A State may provide for 
     alternate assessments aligned with the alternate academic 
     standards adopted in accordance with paragraph (1)(D), for 
     students with the most significant cognitive disabilities, if 
     the State--
       ``(i) establishes and monitors implementation of clear and 
     appropriate guidelines for individualized education program 
     teams (as defined in section 614(d)(1)(B) of the Individuals 
     with Disabilities Education Act) to apply when determining 
     when a child's significant cognitive disability justifies 
     assessment based on alternate achievement standards;
       ``(ii) ensures that the parents of such students are 
     informed that--

       ``(I) their child's academic achievement will be measured 
     against such alternate standards; and
       ``(II) whether participation in such assessments precludes 
     the student from completing the requirements for a regular 
     high school diploma;

       ``(iii) demonstrates that such students are, to the extent 
     practicable, included in the general curriculum and that such 
     alternate assessments are aligned with such curriculum;
       ``(iv) develops, disseminates information about, and 
     promotes the use of appropriate accommodations to increase 
     the number of students with disabilities who are tested 
     against academic achievement standards for the grade in which 
     a student is enrolled; and
       ``(v) ensures that regular and special education teachers 
     and other appropriate staff know how to administer the 
     alternate assessments, including making appropriate use of 
     accommodations for students with disabilities.
       ``(D) Assessments of english language proficiency.--
       ``(i) In general.--Each State plan shall demonstrate that 
     local educational agencies in the State will provide for an 
     annual assessment of English proficiency of all English 
     learners in the schools served by the State educational 
     agency.
       ``(ii) Alignment.--The assessments described in clause (i) 
     shall be aligned with the State's English language 
     proficiency standards described in paragraph (1)(E).
       ``(E) Language assessments.--Each State plan shall identify 
     the languages other than English that are present in the 
     participating student population and indicate the languages 
     for which yearly student academic assessments are not 
     available and are needed. The State shall make every effort 
     to develop such assessments and may request assistance from 
     the Secretary if linguistically accessible academic 
     assessment measures are needed. Upon request, the Secretary 
     shall assist with the identification of appropriate academic 
     assessment measures in the needed languages, but shall not 
     mandate a specific academic assessment or mode of 
     instruction.
       ``(F) Adaptive assessments.--A State may develop and 
     administer computer adaptive assessments as the assessments 
     required under subparagraph (A). If a State develops and 
     administers a computer adaptive assessment for such purposes, 
     the assessment shall meet the requirements of this paragraph, 
     except as follows:
       ``(i) Notwithstanding subparagraph (B)(iii), the 
     assessment--

       ``(I) shall measure, at a minimum, each student's academic 
     proficiency against the State's academic standards for the 
     student's grade level and growth toward such standards; and
       ``(II) if the State chooses, may be used to measure the 
     student's level of academic proficiency and growth using 
     assessment items above or below the student's grade level, 
     including for use as part of a State's accountability system 
     under paragraph (3).

       ``(ii) Subparagraph (B)(ii) shall not be interpreted to 
     require that all students taking the computer adaptive 
     assessment be administered the same assessment items.

[[Page H4633]]

       ``(3) State accountability systems.--
       ``(A) In general.--Each State plan shall demonstrate that 
     the State has developed and is implementing a single, 
     statewide accountability system to ensure that all public 
     school students graduate from high school prepared for 
     postsecondary education or the workforce without the need for 
     remediation.
       ``(B) Elements.--Each State accountability system described 
     in subparagraph (A) shall at a minimum--
       ``(i) annually measure the academic achievement of all 
     public school students in the State against the State's 
     mathematics and reading or language arts academic standards 
     adopted under paragraph (1), which may include measures of 
     student growth toward such standards, using the mathematics 
     and reading or language arts assessments described in 
     paragraph (2)(B) and other valid and reliable academic 
     indicators related to student achievement as identified by 
     the State;
       ``(ii) annually evaluate and identify the academic 
     performance of each public school in the State based on--

       ``(I) student academic achievement as measured in 
     accordance with clause (i); and
       ``(II) the overall performance, and achievement gaps as 
     compared to all students in the school, for economically 
     disadvantaged students, students from major racial and ethnic 
     groups, students with disabilities, and English learners, 
     except that disaggregation of data under this subclause shall 
     not be required in a case in which the number of students in 
     a category is insufficient to yield statistically reliable 
     information or the results would reveal personally 
     identifiable information about an individual student; and

       ``(iii) include a system for school improvement for low-
     performing public schools receiving funds under this subpart 
     that--

       ``(I) implements interventions in such schools that are 
     designed to address such schools' weaknesses; and
       ``(II) is implemented by local educational agencies serving 
     such schools.

       ``(C) Prohibition.--Nothing in this section shall be 
     construed to permit the Secretary to establish any criteria 
     that specifies, defines, or prescribes any aspect of a 
     State's accountability system developed and implemented in 
     accordance with this paragraph.
       ``(D) Accountability for charter schools.--The 
     accountability provisions under this Act shall be overseen 
     for charter schools in accordance with State charter school 
     law.
       ``(4) Requirements.--Each State plan shall describe--
       ``(A) how the State educational agency will assist each 
     local educational agency and each public school affected by 
     the State plan to comply with the requirements of this 
     subpart, including how the State educational agency will work 
     with local educational agencies to provide technical 
     assistance; and
       ``(B) how the State educational agency will ensure that the 
     results of the State assessments described in paragraph (2), 
     the other indicators selected by the State under paragraph 
     (3)(B)(i), and the school evaluations described in paragraph 
     (3)(B)(ii), will be promptly provided to local educational 
     agencies, schools, teachers, and parents in a manner that is 
     clear and easy to understand, but not later than before the 
     beginning of the school year following the school year in 
     which such assessments, other indicators, or evaluations are 
     taken or completed.
       ``(5) Timeline for implementation.--Each State plan shall 
     describe the process by which the State will adopt and 
     implement the State academic standards, assessments, and 
     accountability system required under this section within 2 
     years of enactment of the Student Success Act.
       ``(6) Existing standards.--Nothing in this subpart shall 
     prohibit a State from revising, consistent with this section, 
     any standard adopted under this section before or after the 
     date of enactment of the Student Success Act.
       ``(7) Existing state law.--Nothing in this section shall be 
     construed to alter any State law or regulation granting 
     parents authority over schools that repeatedly failed to make 
     adequate yearly progress under this section, as in effect on 
     the day before the date of the enactment of the Student 
     Success Act.
       ``(c) Other Provisions to Support Teaching and Learning.--
     Each State plan shall contain assurances that--
       ``(1) the State will notify local educational agencies, 
     schools, teachers, parents, and the public of the academic 
     standards, academic assessments, and State accountability 
     system developed and implemented under this section;
       ``(2) the State will participate in biennial State academic 
     assessments of 4th and 8th grade reading and mathematics 
     under the National Assessment of Educational Progress carried 
     out under section 303(b)(2) of the National Assessment of 
     Educational Progress Authorization Act if the Secretary pays 
     the costs of administering such assessments;
       ``(3) the State educational agency will notify local 
     educational agencies and the public of the authority to 
     operate schoolwide programs;
       ``(4) the State educational agency will provide the least 
     restrictive and burdensome regulations for local educational 
     agencies and individual schools participating in a program 
     assisted under this subpart;
       ``(5) the State educational agency will encourage schools 
     to consolidate funds from other Federal, State, and local 
     sources for schoolwide reform in schoolwide programs under 
     section 1114;
       ``(6) the State educational agency will modify or eliminate 
     State fiscal and accounting barriers so that schools can 
     easily consolidate funds from other Federal, State, and local 
     sources for schoolwide programs under section 1114; and
       ``(7) the State educational agency will inform local 
     educational agencies in the State of the local educational 
     agency's authority to transfer funds under section 1002 and 
     to obtain waivers under section 5401.
       ``(d) Parental Involvement.--Each State plan shall describe 
     how the State educational agency will support the collection 
     and dissemination to local educational agencies and schools 
     of effective parental involvement practices. Such practices 
     shall--
       ``(1) be based on the most current research that meets the 
     highest professional and technical standards on effective 
     parental involvement that fosters achievement to high 
     standards for all children;
       ``(2) be geared toward lowering barriers to greater 
     participation by parents in school planning, review, and 
     improvement; and
       ``(3) be coordinated with programs funded under subpart 3 
     of part A of title III.
       ``(e) Peer Review and Secretarial Approval.--
       ``(1) Establishment.--Notwithstanding section 5543, the 
     Secretary shall--
       ``(A) establish a peer-review process to assist in the 
     review of State plans; and
       ``(B) appoint individuals to the peer-review process who 
     are representative of parents, teachers, State educational 
     agencies, and local educational agencies, and who are 
     familiar with educational standards, assessments, 
     accountability, the needs of low-performing schools, and 
     other educational needs of students, and ensure that 75 
     percent of such appointees are practitioners.
       ``(2) Approval.--The Secretary shall--
       ``(A) approve a State plan within 120 days of its 
     submission;
       ``(B) disapprove of the State plan only if the Secretary 
     demonstrates how the State plan fails to meet the 
     requirements of this section and immediately notifies the 
     State of such determination and the reasons for such 
     determination;
       ``(C) not decline to approve a State's plan before--
       ``(i) offering the State an opportunity to revise its plan;
       ``(ii) providing technical assistance in order to assist 
     the State to meet the requirements of this section; and
       ``(iii) providing a hearing; and
       ``(D) have the authority to disapprove a State plan for not 
     meeting the requirements of this subpart, but shall not have 
     the authority to require a State, as a condition of approval 
     of the State plan, to include in, or delete from, such plan 
     one or more specific elements of the State's academic 
     standards or State accountability system, or to use specific 
     academic assessments or other indicators.
       ``(3) State revisions.--A State plan shall be revised by 
     the State educational agency if it is necessary to satisfy 
     the requirements of this section.
       ``(4) Public review.--All communications, feedback, and 
     notifications under this subsection shall be conducted in a 
     manner that is immediately made available to the public 
     through the website of the Department, including--
       ``(A) peer review guidance;
       ``(B) the names of the peer reviewers;
       ``(C) State plans submitted or resubmitted by a State, 
     including the current approved plans;
       ``(D) peer review notes;
       ``(E) State plan determinations by the Secretary, including 
     approvals or disapprovals, and any deviations from the peer 
     reviewers' recommendations with an explanation of the 
     deviation; and
       ``(F) hearings.
       ``(5) Prohibition.--The Secretary, and the Secretary's 
     staff, may not attempt to participate in, or influence, the 
     peer review process. No Federal employee may participate in, 
     or attempt to influence the peer review process, except to 
     respond to questions of a technical nature, which shall be 
     publicly reported.
       ``(f) Duration of the Plan.--
       ``(1) In general.--Each State plan shall--
       ``(A) remain in effect for the duration of the State's 
     participation under this subpart; and
       ``(B) be periodically reviewed and revised as necessary by 
     the State educational agency to reflect changes in the 
     State's strategies and programs under this subpart.
       ``(2) Additional information.--If a State makes significant 
     changes to its State plan, such as the adoption of new State 
     academic standards or new academic assessments, or adopts a 
     new State accountability system, such information shall be 
     submitted to the Secretary under subsection (e)(2) for 
     approval.
       ``(g) Failure to Meet Requirements.--If a State fails to 
     meet any of the requirements of this section then the 
     Secretary shall withhold funds for State administration under 
     this subpart until the Secretary determines that the State 
     has fulfilled those requirements.
       ``(h) Reports.--
       ``(1) Annual state report card.--
       ``(A) In general.--A State that receives assistance under 
     this subpart shall prepare and disseminate an annual State 
     report card. Such dissemination shall include, at a minimum, 
     publicly posting the report card on the home page of the 
     State educational agency's website.
       ``(B) Implementation.--The State report card shall be--
       ``(i) concise; and
       ``(ii) presented in an understandable and uniform format 
     that is developed in consultation with parents and, to the 
     extent practicable, provided in a language that parents can 
     understand.
       ``(C) Required information.--The State shall include in its 
     annual State report card information on--
       ``(i) the performance of students, in the aggregate and 
     disaggregated by the categories of students described in 
     subsection (b)(2)(B)(xii) (except that such disaggregation 
     shall not be required in a case in which the number of 
     students in a category is insufficient to yield statistically 
     reliable information or the results would

[[Page H4634]]

     reveal personally identifiable information about an 
     individual student), on the State academic assessments 
     described in subsection (b)(2);
       ``(ii) the participation rate on such assessments, in the 
     aggregate and disaggregated in accordance with clause (i);
       ``(iii) the performance of students, in the aggregate and 
     disaggregated in accordance with clause (i), on other 
     academic indicators described in subsection (b)(3)(B)(i);
       ``(iv) for each public high school in the State, in the 
     aggregate and disaggregated in accordance with clause (i)--

       ``(I) the four-year adjusted cohort graduation rate, and
       ``(II) if applicable, the extended-year adjusted cohort 
     graduation rate, reported separately for students graduating 
     in 5 years or less, students graduating in 6 years or less, 
     and students graduating in 7 or more years;

       ``(v) each public school's evaluation results as determined 
     in accordance with subsection (b)(3)(B)(ii);
       ``(vi) the acquisition of English proficiency by English 
     learners;
       ``(vii) the number and percentage of teachers in each 
     category established under clause (iii) of section 
     2123(1)(A), except that such information shall not reveal 
     personally identifiable information about an individual 
     teacher; and
       ``(viii) the results of the assessments described in 
     subsection (c)(2).
       ``(D) Optional information.--The State may include in its 
     annual State report card such other information as the State 
     believes will best provide parents, students, and other 
     members of the public with information regarding the progress 
     of each of the State's public elementary schools and public 
     secondary schools.
       ``(2) Annual local educational agency report cards.--
       ``(A) In general.--A local educational agency that receives 
     assistance under this subpart shall prepare and disseminate 
     an annual local educational agency report card.
       ``(B) Minimum requirements.--The State educational agency 
     shall ensure that each local educational agency collects 
     appropriate data and includes in the local educational 
     agency's annual report the information described in paragraph 
     (1)(C) as applied to the local educational agency and each 
     school served by the local educational agency, and--
       ``(i) in the case of a local educational agency, 
     information that shows how students served by the local 
     educational agency achieved on the statewide academic 
     assessment and other academic indicators adopted in 
     accordance with subsection (b)(3)(B)(i) compared to students 
     in the State as a whole; and
       ``(ii) in the case of a school, the school's evaluation 
     under subsection (b)(3)(B)(ii).
       ``(C) Other information.--A local educational agency may 
     include in its annual local educational agency report card 
     any other appropriate information, whether or not such 
     information is included in the annual State report card.
       ``(D) Data.--A local educational agency or school shall 
     only include in its annual local educational agency report 
     card data that are sufficient to yield statistically reliable 
     information, as determined by the State, and that do not 
     reveal personally identifiable information about an 
     individual student.
       ``(E) Public dissemination.--The local educational agency 
     shall publicly disseminate the information described in this 
     paragraph to all schools served by the local educational 
     agency and to all parents of students attending those schools 
     in an understandable and uniform format, and, to the extent 
     practicable, in a language that parents can understand, and 
     make the information widely available through public means, 
     such as posting on the Internet, distribution to the media, 
     and distribution through public agencies, except that if a 
     local educational agency issues a report card for all 
     students, the local educational agency may include the 
     information under this section as part of such report.
       ``(3) Preexisting report cards.--A State educational agency 
     or local educational agency may use public report cards on 
     the performance of students, schools, local educational 
     agencies, or the State, that were in effect prior to the 
     enactment of the Student Success Act for the purpose of this 
     subsection, so long as any such report card is modified, as 
     may be needed, to contain the information required by this 
     subsection.
       ``(4) Parents right-to-know.--
       ``(A) Achievement information.--At the beginning of each 
     school year, a school that receives funds under this subpart 
     shall provide to each individual parent information on the 
     level of achievement of the parent's child in each of the 
     State academic assessments and other academic indicators 
     adopted in accordance with this subpart.
       ``(B) Format.--The notice and information provided to 
     parents under this paragraph shall be in an understandable 
     and uniform format and, to the extent practicable, provided 
     in a language that the parents can understand.
       ``(i) Privacy.--Information collected under this section 
     shall be collected and disseminated in a manner that protects 
     the privacy of individuals consistent with section 444 of the 
     General Education Provisions Act.
       ``(j) Voluntary Partnerships.--A State may enter into a 
     voluntary partnership with another State to develop and 
     implement the academic standards and assessments required 
     under this section, except that the Secretary shall not, 
     either directly or indirectly, attempt to influence, 
     incentivize, or coerce State--
       ``(1) adoption of the Common Core State Standards developed 
     under the Common Core State Standards Initiative, any other 
     academic standards common to a significant number of States, 
     or assessments tied to such standards; or
       ``(2) participation in any such partnerships.
       ``(k) Construction.--Nothing in this part shall be 
     construed to prescribe the use of the academic assessments 
     described in this part for student promotion or graduation 
     purposes.
       ``(l) Special Rule With Respect to Bureau-funded Schools.--
     In determining the assessments to be used by each school 
     operated or funded by the Bureau of Indian Education 
     receiving funds under this subpart, the following shall 
     apply:
       ``(1) Each such school that is accredited by the State in 
     which it is operating shall use the assessments and other 
     academic indicators the State has developed and implemented 
     to meet the requirements of this section, or such other 
     appropriate assessment and academic indicators as approved by 
     the Secretary of the Interior.
       ``(2) Each such school that is accredited by a regional 
     accrediting organization shall adopt an appropriate 
     assessment and other academic indicators, in consultation 
     with and with the approval of, the Secretary of the Interior 
     and consistent with assessments and academic indicators 
     adopted by other schools in the same State or region, that 
     meet the requirements of this section.
       ``(3) Each such school that is accredited by a tribal 
     accrediting agency or tribal division of education shall use 
     an assessment and other academic indicators developed by such 
     agency or division, except that the Secretary of the Interior 
     shall ensure that such assessment and academic indicators 
     meet the requirements of this section.''.

     SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS.

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

     ``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

       ``(a) Plans Required.--
       ``(1) Subgrants.--A local educational agency may receive a 
     subgrant under this subpart for any fiscal year only if such 
     agency has on file with the State educational agency a plan, 
     approved by the State educational agency, that is coordinated 
     with other programs under this Act, the Individuals with 
     Disabilities Education Act, the Carl D. Perkins Career and 
     Technical Education Act of 2006, the McKinney-Vento Homeless 
     Assistance Act, and other Acts, as appropriate.
       ``(2) Consolidated application.--The plan may be submitted 
     as part of a consolidated application under section 5305.
       ``(b) Plan Provisions.--Each local educational agency plan 
     shall describe--
       ``(1) how the local educational agency will monitor, in 
     addition to the State assessments described in section 
     1111(b)(2), students' progress in meeting the State's 
     academic standards;
       ``(2) how the local educational agency will identify 
     quickly and effectively those students who may be at risk of 
     failing to meet the State's academic standards;
       ``(3) how the local educational agency will provide 
     additional educational assistance to individual students in 
     need of additional help in meeting the State's academic 
     standards;
       ``(4) how the local educational agency will implement the 
     school improvement system described in section 
     1111(b)(3)(B)(iii) for any of the agency's schools identified 
     under such section;
       ``(5) how the local educational agency will coordinate 
     programs under this subpart with other programs under this 
     Act and other Acts, as appropriate;
       ``(6) the poverty criteria that will be used to select 
     school attendance areas under section 1113;
       ``(7) how teachers, in consultation with parents, 
     administrators, and specialized instructional support 
     personnel, in targeted assistance schools under section 1115, 
     will identify the eligible children most in need of services 
     under this subpart;
       ``(8) in general, the nature of the programs to be 
     conducted by the local educational agency's schools under 
     sections 1114 and 1115, and, where appropriate, educational 
     services outside such schools for children living in local 
     institutions for neglected and delinquent children, and for 
     neglected and delinquent children in community day school 
     programs;
       ``(9) how the local educational agency will ensure that 
     migratory children who are eligible to receive services under 
     this subpart are selected to receive such services on the 
     same basis as other children who are selected to receive 
     services under this subpart;
       ``(10) the services the local educational agency will 
     provide homeless children, including services provided with 
     funds reserved under section 1113(c)(3)(A);
       ``(11) the strategy the local educational agency will use 
     to implement effective parental involvement under section 
     1118;
       ``(12) if appropriate, how the local educational agency 
     will use funds under this subpart to support preschool 
     programs for children, particularly children participating in 
     a Head Start program, which services may be provided directly 
     by the local educational agency or through a subcontract with 
     the local Head Start agency designated by the Secretary of 
     Health and Human Services under section 641 of the Head Start 
     Act, or another comparable early childhood development 
     program;
       ``(13) how the local educational agency, through incentives 
     for voluntary transfers, the provision of professional 
     development, recruitment programs, incentive pay, performance 
     pay, or other effective strategies, will address disparities 
     in the rates of low-income and minority students and other 
     students being taught by ineffective teachers;
       ``(14) if appropriate, how the local educational agency 
     will use funds under this subpart to support programs that 
     coordinate and integrate--
       ``(A) career and technical education aligned with State 
     technical standards that promote skills attainment important 
     to in-demand occupations or industries in the State and the 
     State's

[[Page H4635]]

     academic standards under section 1111(b)(1); and
       ``(B) work-based learning opportunities that provide 
     students in-depth interaction with industry professionals; 
     and
       ``(15) if appropriate, how the local educational agency 
     will use funds under this subpart to support dual enrollment 
     programs and early college high schools.
       ``(c) Assurances.--Each local educational agency plan shall 
     provide assurances that the local educational agency will--
       ``(1) participate, if selected, in biennial State academic 
     assessments of 4th and 8th grade reading and mathematics 
     under the National Assessment of Educational Progress carried 
     out under section 303(b)(2) of the National Assessment of 
     Educational Progress Authorization Act;
       ``(2) inform schools of schoolwide program authority and 
     the ability to consolidate funds from Federal, State, and 
     local sources;
       ``(3) provide technical assistance to schoolwide programs;
       ``(4) provide services to eligible children attending 
     private elementary and secondary schools in accordance with 
     section 1120, and timely and meaningful consultation with 
     private school officials or representatives regarding such 
     services;
       ``(5) in the case of a local educational agency that 
     chooses to use funds under this subpart to provide early 
     childhood development services to low-income children below 
     the age of compulsory school attendance, ensure that such 
     services comply with the performance standards established 
     under section 641A(a) of the Head Start Act;
       ``(6) inform eligible schools of the local educational 
     agency's authority to request waivers on the school's behalf 
     under Title V; and
       ``(7) ensure that the results of the academic assessments 
     required under section 1111(b)(2) will be provided to parents 
     and teachers as soon as is practicably possible after the 
     test is taken, in an understandable and uniform format and, 
     to the extent practicable, provided in a language that the 
     parents can understand.
       ``(d) Special Rule.--In carrying out subsection (c)(5), the 
     Secretary shall--
       ``(1) consult with the Secretary of Health and Human 
     Services and shall establish procedures (taking into 
     consideration existing State and local laws, and local 
     teacher contracts) to assist local educational agencies to 
     comply with such subparagraph; and
       ``(2) disseminate to local educational agencies the 
     education performance standards in effect under section 
     641A(a)(1)(B) of the Head Start Act, and such agencies 
     affected by such subsection shall plan for the implementation 
     of such subsection (taking into consideration existing State 
     and local laws, and local teacher contracts).
       ``(e) Plan Development and Duration.--
       ``(1) Consultation.--Each local educational agency plan 
     shall be developed in consultation with teachers, school 
     leaders, public charter school representatives, 
     administrators, and other appropriate school personnel, and 
     with parents of children in schools served under this 
     subpart.
       ``(2) Duration.--Each such plan shall be submitted for the 
     first year for which this part is in effect following the 
     date of enactment of this Act and shall remain in effect for 
     the duration of the agency's participation under this 
     subpart.
       ``(3) Review.--Each local educational agency shall 
     periodically review and, as necessary, revise its plan.
       ``(f) State Approval.--
       ``(1) In general.--Each local educational agency plan shall 
     be filed according to a schedule established by the State 
     educational agency.
       ``(2) Approval.--The State educational agency shall approve 
     a local educational agency's plan only if the State 
     educational agency determines that the local educational 
     agency's plan--
       ``(A) enables schools served under this subpart to 
     substantially help children served under this subpart to meet 
     the State's academic standards described in section 
     1111(b)(1); and
       ``(B) meets the requirements of this section.
       ``(3) Review.--The State educational agency shall review 
     the local educational agency's plan to determine if such 
     agency's activities are in accordance with section 1118.
       ``(g) Parental Notification.--
       ``(1) In general.--Each local educational agency using 
     funds under this subpart and subpart 4 to provide a language 
     instruction educational program shall, not later than 30 days 
     after the beginning of the school year, inform parents of an 
     English learner identified for participation, or 
     participating in, such a program of--
       ``(A) the reasons for the identification of their child as 
     an English learner and in need of placement in a language 
     instruction educational program;
       ``(B) the child's level of English proficiency, how such 
     level was assessed, and the status of the child's academic 
     achievement;
       ``(C) the methods of instruction used in the program in 
     which their child is, or will be participating, and the 
     methods of instruction used in other available programs, 
     including how such programs differ in content, instructional 
     goals, and the use of English and a native language in 
     instruction;
       ``(D) how the program in which their child is, or will be 
     participating, will meet the educational strengths and needs 
     of their child;
       ``(E) how such program will specifically help their child 
     learn English, and meet age-appropriate academic achievement 
     standards for grade promotion and graduation;
       ``(F) the specific exit requirements for the program, 
     including the expected rate of transition from such program 
     into classrooms that are not tailored for English learners, 
     and the expected rate of graduation from high school for such 
     program if funds under this subpart are used for children in 
     secondary schools;
       ``(G) in the case of a child with a disability, how such 
     program meets the objectives of the individualized education 
     program of the child; and
       ``(H) information pertaining to parental rights that 
     includes written guidance--
       ``(i) detailing--

       ``(I) the right that parents have to have their child 
     immediately removed from such program upon their request; and
       ``(II) the options that parents have to decline to enroll 
     their child in such program or to choose another program or 
     method of instruction, if available; and

       ``(ii) assisting parents in selecting among various 
     programs and methods of instruction, if more than one program 
     or method is offered by the eligible entity.
       ``(2) Notice.--The notice and information provided in 
     paragraph (1) to parents of a child identified for 
     participation in a language instruction educational program 
     for English learners shall be in an understandable and 
     uniform format and, to the extent practicable, provided in a 
     language that the parents can understand.
       ``(3) Special rule applicable during the school year.--For 
     those children who have not been identified as English 
     learners prior to the beginning of the school year the local 
     educational agency shall notify parents within the first 2 
     weeks of the child being placed in a language instruction 
     educational program consistent with paragraphs (1) and (2).
       ``(4) Parental participation.--Each local educational 
     agency receiving funds under this subpart shall implement an 
     effective means of outreach to parents of English learners to 
     inform the parents regarding how the parents can be involved 
     in the education of their children, and be active 
     participants in assisting their children to attain English 
     proficiency, achieve at high levels in core academic 
     subjects, and meet the State's academic standards expected of 
     all students, including holding, and sending notice of 
     opportunities for, regular meetings for the purpose of 
     formulating and responding to recommendations from parents of 
     students assisted under this subpart.
       ``(5) Basis for admission or exclusion.--A student shall 
     not be admitted to, or excluded from, any federally assisted 
     education program on the basis of a surname or language-
     minority status.''.

     SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS.

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

     SEC. 115. SCHOOLWIDE PROGRAMS.

       Section 1114 (20 U.S.C. 6314) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``part'' and inserting ``subpart''; and
       (ii) by striking ``in which'' through ``such families'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)(i), by striking ``part'' and 
     inserting ``subpart''; and
       (ii) in subparagraph (B)--

       (I) by striking ``children with limited English 
     proficiency'' and inserting ``English learners''; and
       (II) by striking ``part'' and inserting ``subpart'';

       (C) in paragraph (3)(B), by striking ``maintenance of 
     effort,'' after ``private school children,''; and
       (D) by striking paragraph (4); and
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) by striking ``(including'' and all that follows through 
     ``1309(2))''; and
       (II) by striking ``content standards and the State student 
     academic achievement standards'' and inserting ``standards'';

       (ii) in subparagraph (B)--

       (I) in clause (i), by striking ``proficient'' and all that 
     follows through ``section 1111(b)(1)(D)'' and inserting 
     ``academic standards described in section 1111(b)(1)'';
       (II) in clause (ii), in the matter preceding subclause (I), 
     by striking ``based on scientifically based research'' and 
     inserting ``evidence-based'';
       (III) in clause (iii)--

       (aa) in subclause (I)--
       (AA) by striking ``student academic achievement standards'' 
     and inserting ``academic standards''; and
       (BB) by striking ``schoolwide program,'' and all that 
     follows through ``technical education programs; and'' and 
     inserting ``schoolwide programs; and''; and
       (bb) in subclause (II), by striking ``and'';

       (IV) in clause (iv)--

       (aa) by striking ``the State and local improvement plans'' 
     and inserting ``school improvement strategies''; and
       (bb) by striking the period and inserting ``; and''; and

       (V) by adding at the end the following new clause:

       ``(v) may be delivered by nonprofit or for-profit external 
     providers with expertise in using evidence-based or other 
     effective strategies to improve student achievement.'';
       (iii) in subparagraph (C), by striking ``highly qualified'' 
     and inserting ``effective'';
       (iv) in subparagraph (D)--

       (I) by striking ``In accordance with section 1119 and 
     subsection (a)(4), high-quality'' and inserting ``High-
     quality'';

[[Page H4636]]

       (II) by striking ``pupil services'' and inserting 
     ``specialized instructional support services''; and
       (III) by striking ``student academic achievement'' and 
     inserting ``academic'';

       (v) in subparagraph (E), by striking ``high-quality highly 
     qualified'' and inserting ``effective'';
       (vi) in subparagraph (G), by striking ``, such as Head 
     Start, Even Start, Early Reading First, or a State-run 
     preschool program,'';
       (vii) in subparagraph (H), by striking ``section 
     1111(b)(3)'' and inserting ``section 1111(b)(2)'';
       (viii) in subparagraph (I), by striking ``proficient or 
     advanced levels of academic achievement standards'' and 
     inserting ``State academic standards''; and
       (ix) in subparagraph (J), by striking ``vocational'' and 
     inserting ``career''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i)--

       (aa) by striking ``first develop'' and all that follows 
     through ``2001)'' and inserting ``have in place''; and
       (bb) by striking ``and its school support team or other 
     technical assistance provider under section 1117'';

       (II) in clause (ii), by striking ``part'' and inserting 
     ``subpart''; and
       (III) in clause (iv), by striking ``section 1111(b)(3)'' 
     and inserting ``section 1111(b)(2)''; and

       (ii) in subparagraph (B)--

       (I) in clause (i)--

       (aa) in subclause (I), by striking ``, after considering 
     the recommendation of the technical assistance providers 
     under section 1117,''; and
       (bb) in subclause (II), by striking ``No Child Left Behind 
     Act of 2001'' and inserting ``Student Success Act'';

       (II) in clause (ii)--

       (aa) by striking ``(including administrators of programs 
     described in other parts of this title)''; and
       (bb) by striking ``pupil services'' and inserting 
     ``specialized instructional support services'';

       (III) in clause (iii), by striking ``part'' and inserting 
     ``subpart''; and
       (IV) in clause (v), by striking ``Reading First, Early 
     Reading First, Even Start,''; and

       (3) in subsection (c)--
       (A) by striking ``part'' and inserting ``subpart''; and
       (B) by striking ``6,'' and all that follows through the 
     period at the end and inserting ``6.''.

     SEC. 116. TARGETED ASSISTANCE SCHOOLS.

       Section 1115 (20 U.S.C. 6315) is amended--
       (1) in subsection (a)--
       (A) by striking ``are ineligible for a schoolwide program 
     under section 1114, or that'';
       (B) by striking ``operate such'' and inserting ``operate''; 
     and
       (C) by striking ``part'' and inserting ``subpart'';
       (2) in subsection (b)--
       (A) in paragraph (1)(B), by striking ``challenging student 
     academic achievement'' and inserting ``academic'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``limited English proficient children'' and 
     inserting ``English learners''; and
       (II) by striking ``part'' each place it appears and 
     inserting ``subpart'';

       (ii) in subparagraph (B)--

       (I) in the heading, by striking ``, even start, or early 
     reading first'';
       (II) by striking ``, Even Start, or Early Reading First''; 
     and
       (III) by striking ``part'' and inserting ``subpart'';

       (iii) in subparagraph (C)--

       (I) by amending the heading to read as follows: ``Subpart 3 
     children.--'';
       (II) by striking ``part C'' and inserting ``subpart 3''; 
     and
       (III) by striking ``part'' and inserting ``subpart'';

       (iv) in subparagraphs (D) and (E), by striking ``part'' 
     each place it appears and inserting ``subpart'';
       (C) in paragraph (3), by striking ``part'' and inserting 
     ``subpart'';
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``part'' and inserting ``subpart''; and
       (II) by striking ``challenging student academic 
     achievement'' and inserting ``academic'';

       (ii) in subparagraph (A)--

       (I) by striking ``part'' and inserting ``subpart''; and
       (II) by striking ``challenging student academic 
     achievement'' and inserting ``academic'';

       (iii) in subparagraph (B), by striking ``part'' and 
     inserting ``subpart'';
       (iv) in subparagraph (C)--

       (I) in the matter preceding clause (i), by striking ``based 
     on scientifically based research'' and inserting ``evidence-
     based''; and
       (II) in clause (iii), by striking ``part'' and inserting 
     ``subpart'';

       (v) in subparagraph (D), by striking ``such as Head Start, 
     Even Start, Early Reading First or State-run preschool 
     programs'';
       (vi) in subparagraph (E), by striking ``highly qualified'' 
     and inserting ``effective'';
       (vii) in subparagraph (F)--

       (I) by striking ``in accordance with subsection (e)(3) and 
     section 1119,'';
       (II) by striking ``part'' and inserting ``subpart''; and
       (III) by striking ``pupil services personnel'' and 
     inserting ``specialized instructional support personnel''; 
     and

       (viii) in subparagraph (H), by striking ``vocational'' and 
     inserting ``career''; and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``proficient and advanced levels of achievement'' and 
     inserting ``academic standards'';
       (ii) in subparagraph (A), by striking ``part'' and 
     inserting ``subpart''; and
       (iii) in subparagraph (B), by striking ``challenging 
     student academic achievement'' and inserting ``academic'';
       (4) in subsection (d), in the matter preceding paragraph 
     (1), by striking ``part'' each place it appears and inserting 
     ``subpart'';
       (5) in subsection (e)--
       (A) in paragraph (2)(B)--
       (i) in the matter preceding clause (i), by striking 
     ``part'' and inserting ``subpart''; and
       (ii) in clause (iii), by striking ``pupil services'' and 
     inserting ``specialized instructional support services''; and
       (B) by striking paragraph (3); and
       (6) by adding at the end the following new subsection:
       ``(f) Delivery of Services.--The elements of a targeted 
     assistance program under this section may be delivered by 
     nonprofit or for-profit external providers with expertise in 
     using evidence-based or other effective strategies to improve 
     student achievement.''.

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

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

     SEC. 118. PARENTAL INVOLVEMENT.

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

     SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

       The Act is amended by repealing section 1119 (20 U.S.C. 
     6319).

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

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

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

       ``(a) General Requirement.--
       ``(1) In general.--To the extent consistent with the number 
     of eligible children identified under section 1115(b) in the 
     school district served by a local educational agency who are 
     enrolled in private elementary schools and secondary schools, 
     a local educational agency shall--
       ``(A) after timely and meaningful consultation with 
     appropriate private school officials or representatives, 
     provide such service, on an equitable basis and individually 
     or in combination, as requested by the officials or 
     representatives to best meet the needs of such children, 
     special educational services, instructional services, 
     counseling, mentoring, one-on-one tutoring, or other benefits 
     under this subpart (such as dual enrollment, educational 
     radio and television, computer equipment and materials, other 
     technology, and mobile educational services and equipment) 
     that address their needs; and
       ``(B) ensure that teachers and families of the children 
     participate, on an equitable basis, in services and 
     activities developed pursuant to this subpart.
       ``(2) Secular, neutral, nonideological.--Such educational 
     services or other benefits, including materials and 
     equipment, shall be secular, neutral, and nonideological.
       ``(3) Equity.--
       ``(A) In general.--Educational services and other benefits 
     for such private school children shall be equitable in 
     comparison to services and other benefits for public school 
     children participating under this subpart, and shall be 
     provided in a timely manner.
       ``(B) Ombudsman.--To help ensure such equity for such 
     private school children, teachers, and other educational 
     personnel, the State educational agency involved shall 
     designate an ombudsman to monitor and enforce the 
     requirements of this subpart.

[[Page H4637]]

       ``(4) Expenditures.--
       ``(A) In general.--Expenditures for educational services 
     and other benefits to eligible private school children shall 
     be equal to the expenditures for participating public school 
     children, taking into account the number, and educational 
     needs, of the children to be served. The share of funds shall 
     be determined based on the total allocation received by the 
     local educational agency prior to any allowable expenditures 
     authorized under this title.
       ``(B) Obligation of funds.--Funds allocated to a local 
     educational agency for educational services and other 
     benefits to eligible private school children shall--
       ``(i) be obligated in the fiscal year for which the funds 
     are received by the agency; and
       ``(ii) with respect to any such funds that cannot be so 
     obligated, be used to serve such children in the following 
     fiscal year.
       ``(C) Notice of allocation.--Each State educational agency 
     shall--
       ``(i) determine, in a timely manner, the proportion of 
     funds to be allocated to each local educational agency in the 
     State for educational services and other benefits under this 
     subpart to eligible private school children; and
       ``(ii) provide notice, simultaneously, to each such local 
     educational agency and the appropriate private school 
     officials or their representatives in the State of such 
     allocation of funds.
       ``(5) Provision of services.--The local educational agency 
     or, in a case described in subsection (b)(6)(C), the State 
     educational agency involved, may provide services under this 
     section directly or through contracts with public or private 
     agencies, organizations, and institutions.
       ``(b) Consultation.--
       ``(1) In general.--To ensure timely and meaningful 
     consultation, a local educational agency shall consult with 
     appropriate private school officials or representatives 
     during the design and development of such agency's programs 
     under this subpart in order to reach an agreement between the 
     agency and the officials or representatives about equitable 
     and effective programs for eligible private school children, 
     the results of which shall be transmitted to the designated 
     ombudsmen under section 1120(a)(3)(B). Such process shall 
     include consultation on issues such as--
       ``(A) how the children's needs will be identified;
       ``(B) what services will be offered;
       ``(C) how, where, and by whom the services will be 
     provided;
       ``(D) how the services will be academically assessed and 
     how the results of that assessment will be used to improve 
     those services;
       ``(E) the size and scope of the equitable services to be 
     provided to the eligible private school children, and the 
     proportion of funds that is allocated under subsection 
     (a)(4)(A) for such services, how that proportion of funds is 
     determined under such subsection, and an itemization of the 
     costs of the services to be provided;
       ``(F) the method or sources of data that are used under 
     subsection (c) and section 1113(c)(1) to determine the number 
     of children from low-income families in participating school 
     attendance areas who attend private schools;
       ``(G) how and when the agency will make decisions about the 
     delivery of services to such children, including a thorough 
     consideration and analysis of the views of the private school 
     officials or representatives on the provision of services 
     through a contract with potential third-party providers;
       ``(H) how, if the agency disagrees with the views of the 
     private school officials or representatives on the provision 
     of services through a contract, the local educational agency 
     will provide in writing to such private school officials an 
     analysis of the reasons why the local educational agency has 
     chosen not to use a contractor;
       ``(I) whether the agency will provide services under this 
     section directly or through contracts with public and private 
     agencies, organizations, and institutions;
       ``(J) whether to provide equitable services to eligible 
     private school children--
       ``(i) by creating a pool or pools of funds with all of the 
     funds allocated under paragraph (4) based on all the children 
     from low-income families who attend private schools in a 
     participating school attendance area of the agency from which 
     the local educational agency will provide such services to 
     all such children; or
       ``(ii) by providing such services to eligible children in 
     each private school in the agency's participating school 
     attendance area with the proportion of funds allocated under 
     paragraph (4) based on the number of children from low-income 
     families who attend such school; and
       ``(K) whether to consolidate and use funds under this 
     subpart to provide schoolwide programs for a private school.
       ``(2) Disagreement.--If a local educational agency 
     disagrees with the views of private school officials or 
     representatives with respect to an issue described in 
     paragraph (1), the local educational agency shall provide in 
     writing to such private school officials an analysis of the 
     reasons why the local educational agency has chosen not to 
     adopt the course of action requested by such officials.
       ``(3) Timing.--Such consultation shall include meetings of 
     agency and private school officials or representatives and 
     shall occur before the local educational agency makes any 
     decision that affects the opportunities of eligible private 
     school children to participate in programs under this 
     subpart. Such meetings shall continue throughout 
     implementation and assessment of services provided under this 
     section.
       ``(4) Discussion.--Such consultation shall include a 
     discussion of service delivery mechanisms a local educational 
     agency can use to provide equitable services to eligible 
     private school children.
       ``(5) Documentation.--Each local educational agency shall 
     maintain in the agency's records and provide to the State 
     educational agency involved a written affirmation signed by 
     officials or representatives of each participating private 
     school that the meaningful consultation required by this 
     section has occurred. The written affirmation shall provide 
     the option for private school officials or representatives to 
     indicate that timely and meaningful consultation has not 
     occurred or that the program design is not equitable with 
     respect to eligible private school children. If such 
     officials or representatives do not provide such affirmation 
     within a reasonable period of time, the local educational 
     agency shall forward the documentation that such consultation 
     has, or attempts at such consultation have, taken place to 
     the State educational agency.
       ``(6) Compliance.--
       ``(A) In general.--A private school official shall have the 
     right to file a complaint with the State educational agency 
     that the local educational agency did not engage in 
     consultation that was meaningful and timely, did not give due 
     consideration to the views of the private school official, or 
     did not treat the private school or its students equitably as 
     required by this section.
       ``(B) Procedure.--If the private school official wishes to 
     file a complaint, the official shall provide the basis of the 
     noncompliance with this section by the local educational 
     agency to the State educational agency, and the local 
     educational agency shall forward the appropriate 
     documentation to the State educational agency.
       ``(C) State educational agencies.--A State educational 
     agency shall provide services under this section directly or 
     through contracts with public or private agencies, 
     organizations, and institutions, if--
       ``(i) the appropriate private school officials or their 
     representatives have--

       ``(I) requested that the State educational agency provide 
     such services directly; and
       ``(II) demonstrated that the local educational agency 
     involved has not met the requirements of this section; or

       ``(ii) in a case in which--

       ``(I) a local educational agency has more than 10,000 
     children from low-income families who attend private 
     elementary schools or secondary schools in a participating 
     school attendance area of the agency that are not being 
     served by the agency's program under this section; or
       ``(II) 90 percent of the eligible private school students 
     in a participating school attendance area of the agency are 
     not being served by the agency's program under this section.

       ``(c) Allocation for Equitable Service to Private School 
     Students.--
       ``(1) Calculation.--A local educational agency shall have 
     the final authority, consistent with this section, to 
     calculate the number of children, ages 5 through 17, who are 
     from low-income families and attend private schools by--
       ``(A) using the same measure of low income used to count 
     public school children;
       ``(B) using the results of a survey that, to the extent 
     possible, protects the identity of families of private school 
     students, and allowing such survey results to be extrapolated 
     if complete actual data are unavailable;
       ``(C) applying the low-income percentage of each 
     participating public school attendance area, determined 
     pursuant to this section, to the number of private school 
     children who reside in that school attendance area; or
       ``(D) using an equated measure of low income correlated 
     with the measure of low income used to count public school 
     children.
       ``(2) Complaint process.--Any dispute regarding low-income 
     data for private school students shall be subject to the 
     complaint process authorized in section 5503.
       ``(d) Public Control of Funds.--
       ``(1) In general.--The control of funds provided under this 
     subpart, and title to materials, equipment, and property 
     purchased with such funds, shall be in a public agency, and a 
     public agency shall administer such funds, materials, 
     equipment, and property.
       ``(2) Provision of services.--
       ``(A) Provider.--The provision of services under this 
     section shall be provided--
       ``(i) by employees of a public agency; or
       ``(ii) through a contract by such public agency with an 
     individual, association, agency, or organization.
       ``(B) Requirement.--In the provision of such services, such 
     employee, individual, association, agency, or organization 
     shall be independent of such private school and of any 
     religious organization, and such employment or contract shall 
     be under the control and supervision of such public agency.
       ``(e) Standards for a Bypass.--If a local educational 
     agency is prohibited by law from providing for the 
     participation in programs on an equitable basis of eligible 
     children enrolled in private elementary schools and secondary 
     schools, or if the Secretary determines that a local 
     educational agency has substantially failed or is unwilling 
     to provide for such participation, as required by this 
     section, the Secretary shall--
       ``(1) waive the requirements of this section for such local 
     educational agency;
       ``(2) arrange for the provision of services to such 
     children through arrangements that shall be subject to the 
     requirements of this section and sections 5503 and 5504; and
       ``(3) in making the determination under this subsection, 
     consider one or more factors, including the quality, size, 
     scope, and location of the program and the opportunity of 
     eligible children to participate.''.

     SEC. 121. FISCAL REQUIREMENTS.

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

[[Page H4638]]

     SEC. 122. COORDINATION REQUIREMENTS.

       Section 1120B (20 U.S.C. 6322) is amended--
       (1) by striking ``part'' each place it appears and 
     inserting ``subpart'';
       (2) in subsection (a), by striking ``such as the Early 
     Reading First program''; and
       (3) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking ``, 
     such as the Early Reading First program,'';
       (B) in paragraphs (1) through (3), by striking ``such as 
     the Early Reading First program'' each place it appears;
       (C) in paragraph (4), by striking ``Early Reading First 
     program staff,''; and
       (D) in paragraph (5), by striking ``and entities carrying 
     out Early Reading First programs''.

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

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

     SEC. 124. ALLOCATIONS TO STATES.

       Section 1122 (20 U.S.C. 6332) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Reservation.--
       ``(1) In general.--From the amounts appropriated under 
     section 3(a)(1), the Secretary shall reserve 91.055 percent 
     of such amounts to carry out this chapter.
       ``(2) Allocation formula.--Of the amount reserved under 
     paragraph (1) for each of fiscal years 2014 to 2019 (referred 
     to in this subsection as the current fiscal year)--
       ``(A) an amount equal to the amount made available to carry 
     out section 1124 for fiscal year 2001 shall be used to carry 
     out section 1124;
       ``(B) an amount equal to the amount made available to carry 
     out section 1124A for fiscal year 2001 shall be used to carry 
     out section 1124A; and
       ``(C) an amount equal to 100 percent of the amount, if any, 
     by which the total amount made available to carry out this 
     chapter for the fiscal year for which the determination is 
     made exceeds the total amount available to carry out sections 
     1124 and 1124A for fiscal year 2001 shall be used to carry 
     out sections 1125 and 1125A and such amount shall be divided 
     equally between sections 1125 and 1125A.'';
       (2) in subsection (b)(1), by striking ``subpart'' and 
     inserting ``chapter'';
       (3) in subsection (c)(3), by striking ``part'' and 
     inserting ``subpart''; and
       (4) in subsection (d)(1), by striking ``subpart'' and 
     inserting ``chapter''.

     SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.

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

     SEC. 126. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL 
                   EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER 
                   FISCAL YEAR 2001.

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

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

       ``Pursuant to section 1122, the total amount allocated in 
     any fiscal year after fiscal year 2001 for programs and 
     activities under this subpart shall not exceed the amount 
     allocated in fiscal year 2001 for such programs and 
     activities unless the amount available for targeted grants to 
     local educational agencies under section 1125 in the 
     applicable fiscal year meets the requirements of section 
     1122(a).''.

     SEC. 127. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

       Section 1125A (20 U.S.C. 6337) is amended--
       (1) by striking ``part'' each place it appears and 
     inserting ``subpart'';
       (2) in subsection (b)(1)--
       (A) in subparagraph (A), by striking ``appropriated 
     pursuant to subsection (f)'' and inserting ``made available 
     for any fiscal year to carry out this section''; and
       (B) in subparagraph (B)(i), by striking ``total 
     appropriations'' and inserting ``the total amount reserved 
     under section 1122(a) to carry out this section'';
       (3) by striking subsections (a), (e), and (f) and 
     redesignating subsections (b), (c), (d), and (g) as 
     subsections (a), (b), (c), and (d), respectively; and
       (4) in subsection (b), as redesignated, by redesignating 
     subparagraphs (A) and (B) as paragraphs (1) and (2), 
     respectively.

     SEC. 128. CARRYOVER AND WAIVER.

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

       Subtitle C--Additional Aid to States and School Districts

     SEC. 131. ADDITIONAL AID.

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

              ``Subpart 2--Education of Migratory Children

     ``SEC. 1131. PROGRAM PURPOSES.

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

     ``SEC. 1132. PROGRAM AUTHORIZED.

       ``(a) In General.--From the amounts appropriated under 
     section 3(a)(1), the Secretary shall reserve 2.37 percent to 
     carry out this subpart.
       ``(b) Grants Awarded.--From the amounts reserved under 
     subsection (a) and not reserved under section 1138(c), the 
     Secretary shall make allotments for the fiscal year to State 
     educational agencies, or consortia of such agencies, to 
     establish or improve, directly or through local operating 
     agencies, programs of education for migratory children in 
     accordance with this subpart.

     ``SEC. 1133. STATE ALLOCATIONS.

       ``(a) State Allocations.--Except as provided in subsection 
     (c), each State (other than the Commonwealth of Puerto Rico) 
     is entitled to receive under this subpart an amount equal to 
     the product of--
       ``(1) the sum of--
       ``(A) the average number of identified eligible full-time 
     equivalent migratory children aged 3 through 21 residing in 
     the State, based on data for the preceding 3 years; and
       ``(B) the number of identified eligible migratory children, 
     aged 3 through 21, who received services under this subpart 
     in summer or intersession programs provided by the State 
     during the previous year; multiplied by
       ``(2) 40 percent of the average per-pupil expenditure in 
     the State, except that the amount determined under this 
     paragraph shall not be less than 32 percent, nor more than 48 
     percent, of the average per-pupil expenditure in the United 
     States.
       ``(b) Hold Harmless.--Notwithstanding subsection (a), for 
     each of fiscal years 2014 through 2016, no State shall 
     receive less than 90 percent of the State's allocation under 
     this section for the previous year.
       ``(c) Allocation to Puerto Rico.--For each fiscal year, the 
     grant which the Commonwealth of Puerto Rico shall be eligible 
     to receive under this subpart shall be the amount determined 
     by multiplying the number of children who would be counted 
     under subsection (a)(1) if such subsection applied to the 
     Commonwealth of Puerto Rico by the product of--
       ``(1) the percentage that the average per-pupil expenditure 
     in the Commonwealth of Puerto Rico is of the lowest average 
     per-pupil expenditure of any of the 50 States, except that 
     the percentage calculated under this subparagraph shall not 
     be less than 85 percent; and
       ``(2) 32 percent of the average per-pupil expenditure in 
     the United States.
       ``(d) Ratable Reductions; Reallocations.--
       ``(1) In general.--
       ``(A) Ratable reductions.--If, after the Secretary reserves 
     funds under section 1138(c), the amount appropriated to carry 
     out this subpart for any fiscal year is insufficient to pay 
     in full the amounts for which all States are eligible, the 
     Secretary shall ratably reduce each such amount.
       ``(B) Reallocation.--If additional funds become available 
     for making such payments for any fiscal year, the Secretary 
     shall allocate such funds to States in amounts that the 
     Secretary determines will best carry out the purpose of this 
     subpart.
       ``(2) Special rule.--
       ``(A) Further reductions.--The Secretary shall further 
     reduce the amount of any grant to a State under this subpart 
     for any fiscal year if the Secretary determines, based on 
     available information on the numbers and needs of migratory 
     children in the State and the program proposed by the State 
     to address such needs, that such amount exceeds the amount 
     required under section 1134.
       ``(B) Reallocation.--The Secretary shall reallocate such 
     excess funds to other States whose grants under this subpart 
     would otherwise be insufficient to provide an appropriate 
     level of services to migratory children, in such amounts as 
     the Secretary determines are appropriate.

[[Page H4639]]

       ``(e) Consortium Arrangements.--
       ``(1) In general.--In the case of a State that receives a 
     grant of $1,000,000 or less under this section, the Secretary 
     shall consult with the State educational agency to determine 
     whether consortium arrangements with another State or other 
     appropriate entity would result in delivery of services in a 
     more effective and efficient manner.
       ``(2) Proposals.--Any State, regardless of the amount of 
     such State's allocation, may submit a consortium arrangement 
     to the Secretary for approval.
       ``(3) Approval.--The Secretary shall approve a consortium 
     arrangement under paragraph (1) or (2) if the proposal 
     demonstrates that the arrangement will--
       ``(A) reduce administrative costs or program function costs 
     for State programs; and
       ``(B) make more funds available for direct services to add 
     substantially to the educational achievement of children to 
     be served under this subpart.
       ``(f) Determining Numbers of Eligible Children.--In order 
     to determine the identified number of migratory children 
     residing in each State for purposes of this section, the 
     Secretary shall--
       ``(1) use the most recent information that most accurately 
     reflects the actual number of migratory children;
       ``(2) develop and implement a procedure for monitoring the 
     accuracy of such information;
       ``(3) develop and implement a procedure for more accurately 
     reflecting cost factors for different types of summer and 
     intersession program designs;
       ``(4) adjust the full-time equivalent number of migratory 
     children who reside in each State to take into account--
       ``(A) the unique needs of those children participating in 
     evidence-based or other effective special programs provided 
     under this subpart that operate during the summer and 
     intersession periods; and
       ``(B) the additional costs of operating such programs; and
       ``(5) conduct an analysis of the options for adjusting the 
     formula so as to better direct services to migratory 
     children, including the most at-risk migratory children.
       ``(g) Nonparticipating States.--In the case of a State 
     desiring to receive an allocation under this subpart for a 
     fiscal year that did not receive an allocation for the 
     previous fiscal year or that has been participating for less 
     than 3 consecutive years, the Secretary shall calculate the 
     State's number of identified migratory children aged 3 
     through 21 for purposes of subsection (a)(1)(A) by using the 
     most recent data available that identifies the migratory 
     children residing in the State until data is available to 
     calculate the 3-year average number of such children in 
     accordance with such subsection.

     ``SEC. 1134. STATE APPLICATIONS; SERVICES.

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

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

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

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

       ``(a) Comprehensive Plan.--
       ``(1) In general.--Each State that receives assistance 
     under this subpart shall ensure that the State and its local 
     operating agencies identify and address the unique 
     educational needs of migratory children in accordance with a 
     comprehensive State plan that--
       ``(A) is integrated with other programs under this Act or 
     other Acts, as appropriate;
       ``(B) may be submitted as a part of a consolidated 
     application under section 5302, if--
       ``(i) the unique needs of migratory children are 
     specifically addressed in the comprehensive State plan;
       ``(ii) the comprehensive State plan is developed in 
     collaboration with parents of migratory children; and
       ``(iii) the comprehensive State plan is not used to 
     supplant State efforts regarding, or administrative funding 
     for, this subpart;
       ``(C) provides that migratory children will have an 
     opportunity to meet the same State academic standards under 
     section 1111(b)(1) that all children are expected to meet;
       ``(D) specifies measurable program goals and outcomes;
       ``(E) encompasses the full range of services that are 
     available for migratory children from appropriate local, 
     State, and Federal educational programs;
       ``(F) is the product of joint planning among such local, 
     State, and Federal programs, including programs under subpart 
     1, early childhood programs, and language instruction 
     educational programs under chapter A of subpart 4; and
       ``(G) provides for the integration of services available 
     under this subpart with services provided by such other 
     programs.
       ``(2) Duration of the plan.--Each such comprehensive State 
     plan shall--
       ``(A) remain in effect for the duration of the State's 
     participation under this subpart; and
       ``(B) be periodically reviewed and revised by the State, as 
     necessary, to reflect changes in the State's strategies and 
     programs under this subpart.
       ``(b) Authorized Activities.--

[[Page H4640]]

       ``(1) Flexibility.--In implementing the comprehensive plan 
     described in subsection (a), each State educational agency, 
     where applicable through its local educational agencies, 
     shall have the flexibility to determine the activities to be 
     provided with funds made available under this subpart, except 
     that such funds first shall be used to meet the identified 
     needs of migratory children that result from their migratory 
     lifestyle, and to permit these children to participate 
     effectively in school.
       ``(2) Unaddressed needs.--Funds provided under this subpart 
     shall be used to address the needs of migratory children that 
     are not addressed by services available from other Federal or 
     non-Federal programs, except that migratory children who are 
     eligible to receive services under subpart 1 may receive 
     those services through funds provided under that subpart, or 
     through funds under this subpart that remain after the agency 
     addresses the needs described in paragraph (1).
       ``(3) Construction.--Nothing in this subpart shall be 
     construed to prohibit a local educational agency from serving 
     migratory children simultaneously with students with similar 
     educational needs in the same educational settings, where 
     appropriate.

     ``SEC. 1137. BYPASS.

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

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

       ``(a) Improvement of Coordination.--
       ``(1) In general.--The Secretary, in consultation with the 
     States, may make grants to, or enter into contracts with, 
     State educational agencies, local educational agencies, 
     institutions of higher education, and other public and 
     private entities to improve the interstate and intrastate 
     coordination among such agencies' educational programs, 
     including through the establishment or improvement of 
     programs for credit accrual and exchange, available to 
     migratory students.
       ``(2) Duration.--Grants or contracts under this subsection 
     may be awarded for not more than 5 years.
       ``(b) Student Records.--
       ``(1) Assistance.--The Secretary shall assist States in 
     developing and maintaining an effective system for the 
     electronic transfer of student records and in determining the 
     number of migratory children in each State.
       ``(2) Information system.--
       ``(A) In general.--The Secretary, in consultation with the 
     States, shall ensure the linkage of migratory student record 
     systems for the purpose of electronically exchanging, among 
     the States, health and educational information regarding all 
     migratory students. The Secretary shall ensure such linkage 
     occurs in a cost-effective manner, utilizing systems used by 
     the States prior to, or developed after, the date of 
     enactment of this Act. The Secretary shall determine the 
     minimum data elements that each State receiving funds under 
     this subpart shall collect and maintain. Such minimum data 
     elements may include--
       ``(i) immunization records and other health information;
       ``(ii) elementary and secondary academic history (including 
     partial credit), credit accrual, and results from State 
     assessments required under section 1111(b)(2);
       ``(iii) other academic information essential to ensuring 
     that migratory children achieve to the States's academic 
     standards; and
       ``(iv) eligibility for services under the Individuals with 
     Disabilities Education Act.
       ``(B) The Secretary shall consult with States before 
     updating the data elements that each State receiving funds 
     under this subpart shall be required to collect for purposes 
     of electronic transfer of migratory student information and 
     the requirements that States shall meet for immediate 
     electronic access to such information.
       ``(3) No cost for certain transfers.--A State educational 
     agency or local educational agency receiving assistance under 
     this subpart shall make student records available to another 
     State educational agency or local educational agency that 
     requests the records at no cost to the requesting agency, if 
     the request is made in order to meet the needs of a migratory 
     child.
       ``(4) Report to congress.--
       ``(A) In general.--Not later than April 30, 2014, the 
     Secretary shall report to the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on 
     Education and the Workforce of the House of Representatives 
     the Secretary's findings and recommendations regarding the 
     maintenance and transfer of health and educational 
     information for migratory students by the States.
       ``(B) Required contents.--The Secretary shall include in 
     such report--
       ``(i) a review of the progress of States in developing and 
     linking electronic records transfer systems;
       ``(ii) recommendations for maintaining such systems; and
       ``(iii) recommendations for improving the continuity of 
     services provided for migratory students.
       ``(c) Availability of Funds.--The Secretary shall reserve 
     not more than $10,000,000 of the amount reserved under 
     section 1132 to carry out this section for each fiscal year.
       ``(d) Data Collection.--The Secretary shall direct the 
     National Center for Education Statistics to collect data on 
     migratory children.

     ``SEC. 1139. DEFINITIONS.

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

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

     ``SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION.

       ``(a) Purpose.--It is the purpose of this subpart--
       ``(1) to improve educational services for children and 
     youth in local and State institutions for neglected or 
     delinquent children and youth so that such children and youth 
     have the opportunity to meet the same State academic 
     standards that all children in the State are expected to 
     meet;
       ``(2) to provide such children and youth with the services 
     needed to make a successful transition from 
     institutionalization to further schooling or employment; and
       ``(3) to prevent at-risk youth from dropping out of school, 
     and to provide dropouts, and children and youth returning 
     from correctional facilities or institutions for neglected or 
     delinquent children and youth, with a support system to 
     ensure their continued education.
       ``(b) Program Authorized.--From amounts appropriated under 
     section 3(a)(1), the Secretary shall reserve 0.305 of one 
     percent to carry out this subpart.
       ``(c) Grants Awarded.--From the amounts reserved under 
     subsection (b) and not reserved under section 1004 and 
     section 1159, the Secretary shall make grants to State 
     educational agencies that have plans submitted under section 
     1154 approved to enable such agencies to award subgrants to 
     State agencies and local educational agencies to establish or 
     improve programs of education for neglected, delinquent, or 
     at-risk children and youth.

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

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

                   ``CHAPTER A--STATE AGENCY PROGRAMS

     ``SEC. 1151. ELIGIBILITY.

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

     ``SEC. 1152. ALLOCATION OF FUNDS.

       ``(a) Subgrants to State Agencies.--
       ``(1) In general.--Each State agency described in section 
     1151 (other than an agency in the Commonwealth of Puerto 
     Rico) is eligible to receive a subgrant under this chapter, 
     for each fiscal year, in an amount equal to the product of--
       ``(A) the number of neglected or delinquent children and 
     youth described in section 1151 who--
       ``(i) are enrolled for at least 15 hours per week in 
     education programs in adult correctional institutions; and
       ``(ii) are enrolled for at least 20 hours per week--

       ``(I) in education programs in institutions for neglected 
     or delinquent children and youth; or
       ``(II) in community day programs for neglected or 
     delinquent children and youth; and

       ``(B) 40 percent of the average per-pupil expenditure in 
     the State, except that the amount determined under this 
     subparagraph shall not be less than 32 percent, nor more than 
     48 percent, of the average per-pupil expenditure in the 
     United States.
       ``(2) Special rule.--The number of neglected or delinquent 
     children and youth determined under paragraph (1) shall--
       ``(A) be determined by the State agency by a deadline set 
     by the Secretary, except that no State agency shall be 
     required to determine the number of such children and youth 
     on a specific date set by the Secretary; and

[[Page H4641]]

       ``(B) be adjusted, as the Secretary determines is 
     appropriate, to reflect the relative length of such agency's 
     annual programs.
       ``(b) Subgrants to State Agencies in Puerto Rico.--
       ``(1) In general.--For each fiscal year, the amount of the 
     subgrant which a State agency in the Commonwealth of Puerto 
     Rico shall be eligible to receive under this chapter shall be 
     the amount determined by multiplying the number of children 
     counted under subsection (a)(1)(A) for the Commonwealth of 
     Puerto Rico by the product of--
       ``(A) the percentage which the average per-pupil 
     expenditure in the Commonwealth of Puerto Rico is of the 
     lowest average per-pupil expenditure of any of the 50 States; 
     and
       ``(B) 32 percent of the average per-pupil expenditure in 
     the United States.
       ``(2) Minimum percentage.--The percentage in paragraph 
     (1)(A) shall not be less than 85 percent.
       ``(c) Ratable Reductions in Case of Insufficient 
     Appropriations.--If the amount reserved for any fiscal year 
     for subgrants under subsections (a) and (b) is insufficient 
     to pay the full amount for which all State agencies are 
     eligible under such subsections, the Secretary shall ratably 
     reduce each such amount.

     ``SEC. 1153. STATE REALLOCATION OF FUNDS.

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

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

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

     ``SEC. 1155. USE OF FUNDS.

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

     ``SEC. 1156. INSTITUTION-WIDE PROJECTS.

       ``A State agency that provides free public education for 
     children and youth in an institution for neglected or 
     delinquent children and youth (other than an adult 
     correctional institution) or attending a community day 
     program for such children and youth may use funds received 
     under this chapter to serve all children in, and upgrade the 
     entire educational effort of, that institution or program if 
     the State agency has developed, and the State educational 
     agency has approved, a comprehensive plan for that 
     institution or program that--
       ``(1) provides for a comprehensive assessment of the 
     educational needs of all children and youth in the 
     institution or program serving juveniles;

[[Page H4642]]

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

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

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

     ``SEC. 1158. TRANSITION SERVICES.

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

     ``SEC. 1159. TECHNICAL ASSISTANCE.

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

                   ``CHAPTER B--LOCAL AGENCY PROGRAMS

     ``SEC. 1161. PURPOSE.

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

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

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

     ``SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

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

     ``SEC. 1164. USES OF FUNDS.

       ``Funds provided to local educational agencies under this 
     chapter may be used, as appropriate, for--
       ``(1) programs that serve children and youth returning to 
     local schools from correctional facilities, to assist in the 
     transition of such children and youth to the school 
     environment and help them remain in school in order to 
     complete their education;
       ``(2) dropout prevention programs which serve at-risk 
     children and youth;
       ``(3) the coordination of health and social services for 
     such individuals if there is a likelihood that the provision 
     of such services, including day care, drug and alcohol 
     counseling, and

[[Page H4643]]

     mental health services, will improve the likelihood such 
     individuals will complete their education;
       ``(4) special programs to meet the unique academic needs of 
     participating children and youth, including career and 
     technical education, special education, career counseling, 
     curriculum-based youth entrepreneurship education, and 
     assistance in securing student loans or grants for 
     postsecondary education; and
       ``(5) programs providing mentoring and peer mediation.

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

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

     ``SEC. 1166. ACCOUNTABILITY.

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

                    ``CHAPTER C--GENERAL PROVISIONS

     ``SEC. 1171. PROGRAM EVALUATIONS.

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

     ``SEC. 1172. DEFINITIONS.

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

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

     ``SEC. 1181. PURPOSES.

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

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

     ``SEC. 1191. FORMULA GRANTS TO STATES.

       ``(a) In General.--In the case of each State educational 
     agency having a plan approved by the Secretary for a fiscal 
     year under section 1192, the Secretary shall reserve 4.4 
     percent of funds appropriated under section 3(a)(1) to make a 
     grant for the year to the agency for the purposes specified 
     in subsection (b). The grant shall consist of the allotment 
     determined for the State educational agency under subsection 
     (c).
       ``(b) Use of Funds.--
       ``(1) Subgrants to eligible entities.--The Secretary may 
     make a grant under subsection (a) only if the State 
     educational agency involved agrees to expend at least 95 
     percent of the State educational agency's allotment under 
     subsection (c) for a fiscal year--
       ``(A) to award subgrants, from allocations under section 
     1193, to eligible entities to carry out the activities 
     described in section 1194 (other than subsection (e)); and
       ``(B) to award subgrants under section 1193(d)(1) to 
     eligible entities that are described in that section to carry 
     out the activities described in section 1194(e).
       ``(2) State activities.--Subject to paragraph (3), each 
     State educational agency receiving a grant under subsection 
     (a) may reserve not more than 5 percent of the agency's 
     allotment under subsection (c) to carry out the following 
     activities:
       ``(A) Professional development activities, and other 
     activities, which may include assisting personnel in--
       ``(i) meeting State and local certification and licensing 
     requirements for teaching English learners; and
       ``(ii) improving teacher skills in meeting the diverse 
     needs of English learners, including in how to implement 
     evidence-based programs and curricula on teaching English 
     learners.
       ``(B) Planning, evaluation, administration, and interagency 
     coordination related to the subgrants referred to in 
     paragraph (1).

[[Page H4644]]

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

     ``SEC. 1192. STATE EDUCATIONAL AGENCY PLANS.

       ``(a) Plan Required.--Each State educational agency 
     desiring a grant under this chapter shall submit a plan to 
     the Secretary at such time and in such manner as the 
     Secretary may require.
       ``(b) Contents.--Each plan submitted under subsection (a) 
     shall--
       ``(1) describe the process that the agency will use in 
     awarding subgrants to eligible entities under section 
     1193(d)(1);
       ``(2) provide an assurance that--
       ``(A) the agency will ensure that eligible entities 
     receiving a subgrant under this chapter comply with the 
     requirement in section 1111(b)(2)(B)(x) to annually assess in 
     English learners who have been in the United States for 3 or 
     more consecutive years;
       ``(B) the agency will ensure that eligible entities 
     receiving a subgrant under this chapter annually assess the 
     English proficiency of all English learners participating in 
     a program funded under this chapter, consistent with section 
     1111(b)(2)(D);
       ``(C) in awarding subgrants under section 1193, the agency 
     will address the needs of school systems of all sizes and in 
     all geographic areas, including school systems with rural and 
     urban schools;
       ``(D) subgrants to eligible entities under section 
     1193(d)(1) will be of sufficient size and scope to allow such 
     entities to carry out high-quality, evidence-based language 
     instruction educational programs for English learners;
       ``(E) the agency will require an eligible entity receiving 
     a subgrant under this chapter to use the subgrant in ways 
     that will build such recipient's capacity to continue to 
     offer high-quality evidence-based language instruction 
     educational programs that assist English learners in meeting 
     State academic standards;
       ``(F) the agency will monitor the eligible entity receiving 
     a subgrant under this chapter for compliance with applicable 
     Federal fiscal requirements; and
       ``(G) the plan has been developed in consultation with 
     local educational agencies, teachers, administrators of 
     programs implemented under this chapter, parents, and other 
     relevant stakeholders;
       ``(3) describe how the agency will coordinate its programs 
     and activities under this chapter with other programs and 
     activities under this Act and other Acts, as appropriate;
       ``(4) describe how eligible entities in the State will be 
     given the flexibility to teach English learners--
       ``(A) using a high-quality, evidence-based language 
     instruction curriculum for teaching English learners; and
       ``(B) in the manner the eligible entities determine to be 
     the most effective; and
       ``(5) describe how the agency will assist eligible entities 
     in increasing the number of English learners who acquire 
     English proficiency.
       ``(c) Approval.--The Secretary, after using a peer review 
     process, shall approve a plan submitted under subsection (a) 
     if the plan meets the requirements of this section.
       ``(d) Duration of Plan.--
       ``(1) In general.--Each plan submitted by a State 
     educational agency and approved under subsection (c) shall--
       ``(A) remain in effect for the duration of the agency's 
     participation under this chapter; and
       ``(B) be periodically reviewed and revised by the agency, 
     as necessary, to reflect changes to the agency's strategies 
     and programs carried out under this subpart.
       ``(2) Additional information.--
       ``(A) Amendments.--If the State educational agency amends 
     the plan, the agency shall submit such amendment to the 
     Secretary.
       ``(B) Approval.--The Secretary shall approve such amendment 
     to an approved plan, unless the Secretary determines that the 
     amendment will result in the agency not meeting the 
     requirements, or fulfilling the purposes, of this subpart.
       ``(e) Consolidated Plan.--A plan submitted under subsection 
     (a) may be submitted as part of a consolidated plan under 
     section 5302.
       ``(f) Secretary Assistance.--The Secretary shall provide 
     technical assistance, if requested, in the development of 
     English proficiency standards and assessments.

     ``SEC. 1193. WITHIN-STATE ALLOCATIONS.

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

     ``SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES.

       ``(a) Purposes of Subgrants.--A State educational agency 
     may make a subgrant to an eligible entity from funds received 
     by the agency

[[Page H4645]]

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

     ``SEC. 1195. LOCAL PLANS.

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

                      ``CHAPTER B--ADMINISTRATION

     ``SEC. 1201. REPORTING.

       ``(a) In General.--Each eligible entity that receives a 
     subgrant from a State educational

[[Page H4646]]

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

     ``SEC. 1202. ANNUAL REPORT.

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

     ``SEC. 1203. COORDINATION WITH RELATED PROGRAMS.

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

     ``SEC. 1204. RULES OF CONSTRUCTION.

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

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

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

     ``SEC. 1206. CIVIL RIGHTS.

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

     ``SEC. 1207. PROHIBITION.

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

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

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

                    ``CHAPTER C--NATIONAL ACTIVITIES

     ``SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

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

                    ``CHAPTER D--GENERAL PROVISIONS

     ``SEC. 1221. DEFINITIONS.

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

[[Page H4647]]

       ``(A) the language normally used by such individual; or
       ``(B) in the case of a child or youth, the language 
     normally used by the parents of the child or youth.
       ``(8) Paraprofessional.--The term `paraprofessional' means 
     an individual who is employed in a preschool, elementary 
     school, or secondary school under the supervision of a 
     certified or licensed teacher, including individuals employed 
     in language instruction educational programs, special 
     education, and migratory education.
       ``(9) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.

     ``SEC. 1222. NATIONAL CLEARINGHOUSE.

       ``The Secretary shall establish and support the operation 
     of a National Clearinghouse for English Language Acquisition 
     and Language Instruction Educational Programs, which shall 
     collect, analyze, synthesize, and disseminate information 
     about language instruction educational programs for English 
     learners, and related programs. The National Clearinghouse 
     shall--
       ``(1) be administered as an adjunct clearinghouse of the 
     Educational Resources Information Center Clearinghouses 
     system supported by the Institute of Education Sciences;
       ``(2) coordinate activities with Federal data and 
     information clearinghouses and entities operating Federal 
     dissemination networks and systems;
       ``(3) develop a system for improving the operation and 
     effectiveness of federally funded language instruction 
     educational programs; and
       ``(4) collect and disseminate information on--
       ``(A) educational research and processes related to the 
     education of English learners; and
       ``(B) accountability systems that monitor the academic 
     progress of English learners in language instruction 
     educational programs, including information on academic 
     content and English language proficiency assessments for 
     language instruction educational programs; and
       ``(5) publish, on an annual basis, a list of grant 
     recipients under this subpart.

     ``SEC. 1223. REGULATIONS.

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

            ``Subpart 5--Rural Education Achievement Program

     ``SEC. 1230. PURPOSE.

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

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

     ``SEC. 1231. GRANT PROGRAM AUTHORIZED.

       ``(a) In General.--From amounts appropriated under section 
     3(a)(1) for a fiscal year, the Secretary shall reserve 0.54 
     of one percent to award grants to eligible local educational 
     agencies to enable the local educational agencies to carry 
     out activities authorized under any of the following 
     provisions:
       ``(1) Part A of title I.
       ``(2) Title II.
       ``(3) Title III.
       ``(b) Allocation.--
       ``(1) In general.--Except as provided in paragraph (3), the 
     Secretary shall award a grant under subsection (a) to a local 
     educational agency eligible under subsection (d) for a fiscal 
     year in an amount equal to the initial amount determined 
     under paragraph (2) for the fiscal year minus the total 
     amount received by the agency in subpart 2 of part A of title 
     II for the preceding fiscal year.
       ``(2) Determination of initial amount.--The initial amount 
     referred to in paragraph (1) is equal to $100 multiplied by 
     the total number of students in excess of 50 students, in 
     average daily attendance at the schools served by the local 
     educational agency, plus $20,000, except that the initial 
     amount may not exceed $60,000.
       ``(3) Ratable adjustment.--
       ``(A) In general.--If the amount made available to carry 
     out this section for any fiscal year is not sufficient to pay 
     in full the amounts that local educational agencies are 
     eligible to receive under paragraph (1) for such year, the 
     Secretary shall ratably reduce such amounts for such year.
       ``(B) Additional amounts.--If additional funds become 
     available for making payments under paragraph (1) for such 
     fiscal year, payments that were reduced under subparagraph 
     (A) shall be increased on the same basis as such payments 
     were reduced.
       ``(c) Disbursement.--The Secretary shall disburse the funds 
     awarded to a local educational agency under this section for 
     a fiscal year not later than July 1 of that fiscal year.
       ``(d) Eligibility.--
       ``(1) In general.--A local educational agency shall be 
     eligible to use the applicable funding in accordance with 
     subsection (a) if--
       ``(A)(i)(I) the total number of students in average daily 
     attendance at all of the schools served by the local 
     educational agency is fewer than 600; or
       ``(II) each county in which a school served by the local 
     educational agency is located has a total population density 
     of fewer than 10 persons per square mile; and
       ``(ii) all of the schools served by the local educational 
     agency are designated with a school locale code of 41, 42, or 
     43, as determined by the Secretary; or
       ``(B) the agency meets the criteria established in 
     subparagraph (A)(i) and the Secretary, in accordance with 
     paragraph (2), grants the local educational agency's request 
     to waive the criteria described in subparagraph (A)(ii).
       ``(2) Certification.--The Secretary shall determine whether 
     to waive the criteria described in paragraph (1)(A)(ii) based 
     on a demonstration by the local educational agency, and 
     concurrence by the State educational agency, that the local 
     educational agency is located in an area defined as rural by 
     a governmental agency of the State.
       ``(3) Hold harmless.--For a local educational agency that 
     is not eligible under this chapter but met the eligibility 
     requirements under this subsection as it was in effect prior 
     to the date of the enactment of the Student Success Act, the 
     agency shall receive--
       ``(A) for fiscal year 2014, 75 percent of the amount such 
     agency received for fiscal year 2013;
       ``(B) for fiscal year 2015, 50 percent of the amount such 
     agency received for fiscal year 2013; and
       ``(C) for fiscal year 2016, 25 percent of the amount such 
     agency received for fiscal year 2013.
       ``(e) Special Eligibility Rule.--A local educational agency 
     that receives a grant under this chapter for a fiscal year is 
     not eligible to receive funds for such fiscal year under 
     chapter B.

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

     ``SEC. 1235. PROGRAM AUTHORIZED.

       ``(a) Grants to States.--
       ``(1) In general.--From amounts appropriated under section 
     3(a)(1) for a fiscal year, the Secretary shall reserve 0.54 
     of one percent for this chapter for a fiscal year that are 
     not reserved under subsection (c) to award grants (from 
     allotments made under paragraph (2)) for the fiscal year to 
     State educational agencies that have applications submitted 
     under section 1237 approved to enable the State educational 
     agencies to award grants to eligible local educational 
     agencies for local authorized activities described in section 
     1236(a).
       ``(2) Allotment.--From amounts described in paragraph (1) 
     for a fiscal year, the Secretary shall allot to each State 
     educational agency for that fiscal year an amount that bears 
     the same ratio to those amounts as the number of students in 
     average daily attendance served by eligible local educational 
     agencies in the State for that fiscal year bears to the 
     number of all such students served by eligible local 
     educational agencies in all States for that fiscal year.
       ``(3) Specially qualified agencies.--
       ``(A) Eligibility and application.--If a State educational 
     agency elects not to participate in the program under this 
     subpart or does not have an application submitted under 
     section 1237 approved, a specially qualified agency in such 
     State desiring a grant under this subpart may submit an 
     application under such section directly to the Secretary to 
     receive an award under this subpart.
       ``(B) Direct awards.--The Secretary may award, on a 
     competitive basis or by formula, the amount the State 
     educational agency is eligible to receive under paragraph (2) 
     directly to a specially qualified agency in the State that 
     has submitted an application in accordance with subparagraph 
     (A) and obtained approval of the application.
       ``(C) Specially qualified agency defined.--In this subpart, 
     the term `specially qualified agency' means an eligible local 
     educational agency served by a State educational agency that 
     does not participate in a program under this subpart in a 
     fiscal year, that may apply directly to the Secretary for a 
     grant in such year under this subsection.
       ``(b) Local Awards.--
       ``(1) Eligibility.--A local educational agency shall be 
     eligible to receive a grant under this subpart if--
       ``(A) 20 percent or more of the children ages 5 through 17 
     years served by the local educational agency are from 
     families with incomes below the poverty line; and
       ``(B) all of the schools served by the agency are 
     designated with a school locale code of 32, 33, 41, 42, 43, 
     as determined by the Secretary.
       ``(2) Award basis.--A State educational agency shall award 
     grants to eligible local educational agencies--
       ``(A) on a competitive basis;
       ``(B) according to a formula based on the number of 
     students in average daily attendance served by the eligible 
     local educational agencies or schools in the State; or
       ``(C) according to an alternative formula, if, prior to 
     awarding the grants, the State educational agency 
     demonstrates, to the satisfaction of the Secretary, that the 
     alternative formula enables the State educational agency to 
     allot the grant funds in a manner that serves equal or 
     greater concentrations of children from families with incomes 
     below the poverty line, relative to the concentrations that 
     would be served if the State educational agency used the 
     formula described in subparagraph (B).
       ``(c) Reservations.--From amounts reserved under section 
     1235(a)(1) for this chapter for a fiscal year, the Secretary 
     shall reserve--
       ``(1) one-half of 1 percent to make awards to elementary 
     schools or secondary schools operated or supported by the 
     Bureau of Indian Education, to carry out the activities 
     authorized under this chapter; and
       ``(2) one-half of 1 percent to make awards to the outlying 
     areas in accordance with their respective needs, to carry out 
     the activities authorized under this chapter.

     ``SEC. 1236. USES OF FUNDS.

       ``(a) Local Awards.--Grant funds awarded to local 
     educational agencies under this chapter

[[Page H4648]]

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

     ``SEC. 1237. APPLICATIONS.

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

     ``SEC. 1238. ACCOUNTABILITY.

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

     ``SEC. 1239. CHOICE OF PARTICIPATION.

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

                    ``CHAPTER C--GENERAL PROVISIONS

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

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

     ``SEC. 1242. SUPPLEMENT, NOT SUPPLANT.

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

     ``SEC. 1243. RULE OF CONSTRUCTION.

       ``Nothing in this subpart shall be construed to prohibit a 
     local educational agency that enters into cooperative 
     arrangements with other local educational agencies for the 
     provision of special, compensatory, or other education 
     services, pursuant to State law or a written agreement, from 
     entering into similar arrangements for the use, or the 
     coordination of the use, of the funds made available under 
     this subpart.

                     ``Subpart 6--Indian Education

     ``SEC. 1251. STATEMENT OF POLICY.

       ``It is the policy of the United States to fulfill the 
     Federal Government's unique and continuing trust relationship 
     with and responsibility to the Indian people for the 
     education of Indian children. The Federal Government will 
     continue to work with local educational agencies, Indian 
     tribes and organizations, postsecondary institutions, and 
     other entities toward the goal of ensuring that programs that 
     serve Indian children are of the highest quality and provide 
     for not only the basic elementary and secondary educational 
     needs, but also the unique educational and culturally related 
     academic needs of these children.

     ``SEC. 1252. PURPOSE.

       ``It is the purpose of this subpart to support the efforts 
     of local educational agencies, Indian tribes and 
     organizations, postsecondary institutions, and other 
     entities--
       ``(1) to meet the unique educational and culturally related 
     academic needs of American Indian and Alaska Native students, 
     so that such students can meet the State academic standards 
     that all students are expected to meet; and
       ``(2) to ensure that school leaders, teachers, and other 
     staff who serve Indian and Alaska Native students have the 
     ability and training to provide appropriate instruction to 
     meet the unique academic needs of such students.

       ``CHAPTER A--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

     ``SEC. 1261. PURPOSE.

       ``It is the purpose of this chapter to support local 
     educational agencies in their efforts to reform elementary 
     school and secondary school programs that serve Indian 
     students in order to ensure that such programs are designed 
     to--
       ``(1) meet the unique educational needs of such students; 
     and
       ``(2) ensure that such students have the opportunity to 
     meet the State academic standards.

     ``SEC. 1262. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.

       ``(a) In General.--From amounts appropriated under section 
     3(a)(1), the Secretary shall reserve 0.59 of one percent to 
     local educational agencies and Indian tribes in accordance 
     with this section and section 1263.
       ``(b) Local Educational Agencies.--
       ``(1) Enrollment requirements.--A local educational agency 
     shall be eligible for a grant under this chapter for any 
     fiscal year if the number of Indian children eligible under 
     section 1267 who were enrolled in the schools of the agency, 
     and to whom the agency provided free public education, during 
     the preceding fiscal year--
       ``(A) was at least 10; or
       ``(B) constituted not less than 25 percent of the total 
     number of individuals enrolled in the schools of such agency.
       ``(2) Exclusion.--The requirement of paragraph (1) shall 
     not apply in Alaska, California, or Oklahoma, or with respect 
     to any local educational agency located on, or in proximity 
     to, an Indian reservation.
       ``(c) Indian Tribes.--
       ``(1) In general.--If a local educational agency that is 
     otherwise eligible for a grant under this chapter does not 
     establish a committee under section 1264(c)(4) for such 
     grant, an Indian tribe or a consortium of such entities that 
     represents not less than \1/3\ of the eligible Indian 
     children who are served by such local educational agency may 
     apply for such grant.
       ``(2) Special rule.--The Secretary shall treat each Indian 
     tribe or consortium of such entities applying for a grant 
     pursuant to paragraph (1) as if such Indian tribe were a 
     local educational agency for purposes of this chapter, except 
     that any such tribe is not subject to section 1264(c)(4) or 
     section 1269.
       ``(3) Eligibility.--If more than 1 Indian tribe qualifies 
     to apply for a grant under paragraph (1), the entity that 
     represents the most eligible Indian children who are served 
     by the local educational agency shall be eligible to receive 
     the grant or the tribes may choose to apply in consortium.

     ``SEC. 1263. AMOUNT OF GRANTS.

       ``(a) Amount of Grant Awards.--
       ``(1) In general.--Except as provided in subsection (b) and 
     paragraph (2), the Secretary shall allocate to each local 
     educational agency that has an approved application under 
     this chapter an amount equal to the product of--
       ``(A) the number of Indian children who are eligible under 
     section 1267 and served by such agency; and
       ``(B) the greater of--
       ``(i) the average per pupil expenditure of the State in 
     which such agency is located; or
       ``(ii) 80 percent of the average per pupil expenditure of 
     all the States.
       ``(2) Reduction.--The Secretary shall reduce the amount of 
     each allocation otherwise determined under this section in 
     accordance with subsection (e).
       ``(b) Minimum Grant.--
       ``(1) In general.--Notwithstanding subsection (e), an 
     entity that is eligible for a grant under section 1262, and a 
     school that is operated or supported by the Bureau of Indian 
     Education that is eligible for a grant under subsection (d), 
     that submits an application that is approved by the 
     Secretary, shall, subject to appropriations, receive a grant 
     under this chapter in an amount that is not less than $3,000.
       ``(2) Consortia.--Local educational agencies may form a 
     consortium with other local educational agencies or Indian 
     tribes for the purpose of obtaining grants under this 
     chapter.
       ``(3) Increase.--The Secretary may increase the minimum 
     grant under paragraph (1) to not more than $4,000 for all 
     grantees if the Secretary determines such an increase is 
     necessary to ensure the quality of the programs provided.
       ``(c) Definition.--For the purpose of this section, the 
     term `average per pupil expenditure', used with respect to a 
     State, means an amount equal to--
       ``(1) the sum of the aggregate current expenditures of all 
     the local educational agencies in the State, plus any direct 
     current expenditures by the State for the operation of such 
     agencies, without regard to the sources of funds from

[[Page H4649]]

     which such local or State expenditures were made, during the 
     second fiscal year preceding the fiscal year for which the 
     computation is made; divided by
       ``(2) the aggregate number of children who were included in 
     average daily attendance for whom such agencies provided free 
     public education during such preceding fiscal year.
       ``(d) Schools Operated or Supported by the Bureau of Indian 
     Education.--
       ``(1) In general.--Subject to subsection (e), in addition 
     to the grants awarded under subsection (a), the Secretary 
     shall allocate to the Secretary of the Interior an amount 
     equal to the product of--
       ``(A) the total number of Indian children enrolled in 
     schools that are operated by--
       ``(i) the Bureau of Indian Education; or
       ``(ii) an Indian tribe, or an organization controlled or 
     sanctioned by an Indian tribal government, for the children 
     of that tribe under a contract with, or grant from, the 
     Department of the Interior under the Indian Self-
     Determination Act or the Tribally Controlled Schools Act of 
     1988; and
       ``(B) the greater of--
       ``(i) the average per pupil expenditure of the State in 
     which the school is located; or
       ``(ii) 80 percent of the average per pupil expenditure of 
     all the States.
       ``(2) Special rule.--Any school described in paragraph 
     (1)(A) that wishes to receive an allocation under this 
     chapter shall submit an application in accordance with 
     section 1264, and shall otherwise be treated as a local 
     educational agency for the purpose of this chapter, except 
     that such school shall not be subject to section 1264(c)(4) 
     or section 1269.
       ``(e) Ratable Reductions.--If the sums reserved for any 
     fiscal year under section 1262(a) are insufficient to pay in 
     full the amounts determined for local educational agencies 
     under subsection (a)(1) and for the Secretary of the Interior 
     under subsection (d), each of those amounts shall be ratably 
     reduced.

     ``SEC. 1264. APPLICATIONS.

       ``(a) Application Required.--Each local educational agency 
     that desires to receive a grant under this chapter shall 
     submit an application to the Secretary at such time and in 
     such manner as the Secretary may reasonably require.
       ``(b) Comprehensive Program Required.--Each application 
     submitted under subsection (a) shall include a description of 
     a comprehensive program for meeting the needs of Indian 
     children served by the local educational agency, including 
     the language and cultural needs of the children, that--
       ``(1) describes how the comprehensive program will offer 
     programs and activities to meet the culturally related 
     academic needs of American Indian and Alaska Native students;
       ``(2)(A) is aligned with and supports the State and local 
     plans submitted under other provisions of this Act; and
       ``(B) includes academic standards for such children that 
     are based on the State academic standards adopted under 
     subpart 1 for all children;
       ``(3) explains how the local educational agency will use 
     the funds made available under this chapter to supplement 
     other Federal, State, and local programs, especially programs 
     carried out under subpart 1, to meet the needs of such 
     students;
       ``(4) demonstrates how funds made available under this 
     chapter will be used for activities described in section 
     1265;
       ``(5) describes the professional development opportunities 
     that will be provided, as needed, to ensure that--
       ``(A) teachers, school leaders, and other school 
     professionals who are new to the Indian community are 
     prepared to work with Indian children; and
       ``(B) all teachers who will be involved in programs 
     assisted under this chapter have been properly trained to 
     carry out such programs; and
       ``(6) describes how the local educational agency--
       ``(A) will periodically assess the progress of all Indian 
     children enrolled in the schools of the local educational 
     agency, including Indian children who do not participate in 
     programs assisted under this chapter, in meeting the 
     standards described in paragraph (2);
       ``(B) will provide the results of each assessment referred 
     to in subparagraph (A) to--
       ``(i) the committee described in subsection (c)(4); and
       ``(ii) the community, including Indian tribes, whose 
     children are served by the local educational agency; and
       ``(C) is responding to findings of any previous assessments 
     that are similar to the assessments described in subparagraph 
     (A); and
       ``(7) describes the processes the local educational agency 
     used to collaborate with Indian tribes in the community in 
     the development of the comprehensive programs.
       ``(c) Assurances.--Each application submitted under 
     subsection (a) shall include assurances that--
       ``(1) the local educational agency will use funds received 
     under this chapter only to supplement the funds that, in the 
     absence of the Federal funds made available under this 
     chapter, such agency would make available for the education 
     of Indian children, and not to supplant such funds;
       ``(2) the local educational agency will prepare and submit 
     to the Secretary such reports in such form as the Secretary 
     may require to--
       ``(A) carry out the functions of the Secretary under this 
     chapter; and
       ``(B) determine the extent to which activities carried out 
     with funds provided to the local educational agency under 
     this chapter are effective in improving the educational 
     achievement of Indian students served by such agency;
       ``(3) the program for which assistance is sought--
       ``(A) is based on a comprehensive local assessment and 
     prioritization of the unique educational and culturally 
     related academic needs of the American Indian and Alaska 
     Native students for whom the local educational agency is 
     providing an education;
       ``(B) will use the best available talents and resources, 
     including individuals from the Indian community; and
       ``(C) was developed by such agency in open consultation 
     with parents of Indian children and teachers, and, if 
     appropriate, Indian students from secondary schools, 
     including through public hearings held by such agency to 
     provide to the individuals described in this subparagraph a 
     full opportunity to understand the program and to offer 
     recommendations regarding the program; and
       ``(4) the local educational agency developed the program 
     with the participation and written approval of a committee--
       ``(A) that is composed of, and selected by--
       ``(i) parents of Indian children in the local educational 
     agency's schools;
       ``(ii) teachers in the schools; and
       ``(iii) if appropriate, Indian students attending secondary 
     schools of the agency;
       ``(B) a majority of whose members are parents of Indian 
     children;
       ``(C) that has set forth such policies and procedures, 
     including policies and procedures relating to the hiring of 
     personnel, as will ensure that the program for which 
     assistance is sought will be operated and evaluated in 
     consultation with, and with the involvement of, parents of 
     the children, and representatives of the area, to be served;
       ``(D) with respect to an application describing a 
     schoolwide program in accordance with section 1265(c), that 
     has--
       ``(i) reviewed in a timely fashion the program; and
       ``(ii) determined that the program will not diminish the 
     availability of culturally related activities for American 
     Indian and Alaska Native students; and
       ``(E) that has adopted reasonable bylaws for the conduct of 
     the activities of the committee and abides by such bylaws.

     ``SEC. 1265. AUTHORIZED SERVICES AND ACTIVITIES.

       ``(a) General Requirements.--Each local educational agency 
     that receives a grant under this chapter shall use the grant 
     funds, in a manner consistent with the purpose specified in 
     section 1261, for services and activities that--
       ``(1) are designed to carry out the comprehensive program 
     of the local educational agency for Indian students, and 
     described in the application of the local educational agency 
     submitted to the Secretary under section 1264(a);
       ``(2) are designed with special regard for the language and 
     cultural needs of the Indian students; and
       ``(3) supplement and enrich the regular school program of 
     such agency.
       ``(b) Particular Activities.--The services and activities 
     referred to in subsection (a) may include--
       ``(1) culturally related activities that support the 
     program described in the application submitted by the local 
     educational agency;
       ``(2) early childhood and family programs that emphasize 
     school readiness;
       ``(3) enrichment programs that focus on problem solving and 
     cognitive skills development and directly support the 
     attainment of State academic standards;
       ``(4) integrated educational services in combination with 
     other programs that meet the needs of Indian children and 
     their families;
       ``(5) programs that help engage parents and tribes to meet 
     the unique educational needs of Indian children;
       ``(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;
       ``(7) activities to educate individuals concerning the 
     prevention of substance abuse, violence, and suicide;
       ``(8) the acquisition of equipment, but only if the 
     acquisition of the equipment is essential to achieve the 
     purpose described in section 1261;
       ``(9) activities that promote the incorporation of 
     culturally responsive teaching and learning strategies into 
     the educational program of the local educational agency;
       ``(10) activities that incorporate American Indian and 
     Alaska Native specific curriculum content, consistent with 
     State academic standards into the curriculum used by the 
     local educational agency;
       ``(11) family literacy services; and
       ``(12) activities that recognize and support the unique 
     cultural and educational needs of Indian children, and 
     incorporate appropriately qualified tribal elders and 
     seniors.
       ``(c) Schoolwide Programs.--Notwithstanding any other 
     provision of law, a local educational agency may use funds 
     made available to such agency under this chapter to support a 
     schoolwide program under section 1114 if--
       ``(1) the committee established pursuant to section 
     1264(c)(4) approves the use of the funds for the schoolwide 
     program; and
       ``(2) the schoolwide program is consistent with the purpose 
     described in section 1261.
       ``(d) Limitation on Administrative Costs.--Not more than 5 
     percent of the funds provided to a grantee under this chapter 
     for any fiscal year may be used for administrative purposes.
       ``(e) Limitation on Use of Funds.--Funds provided to a 
     grantee under this chapter may not be used for long-distance 
     travel expenses for training activities available locally or 
     regionally.

     ``SEC. 1266. INTEGRATION OF SERVICES AUTHORIZED.

       ``(a) Plan.--An entity receiving funds under this chapter 
     may submit a plan to the Secretary

[[Page H4650]]

     for the integration of education and related services 
     provided to Indian students.
       ``(b) Consolidation of Programs.--Upon the receipt of an 
     acceptable plan under subsection (a), the Secretary, in 
     cooperation with each Federal agency providing grants for the 
     provision of education and related services to the entity, 
     shall authorize the entity to consolidate, in accordance with 
     such plan, the federally funded education and related 
     services programs of the entity and the Federal programs, or 
     portions of the programs, serving Indian students in a manner 
     that integrates the program services involved into a single, 
     coordinated, comprehensive program and reduces administrative 
     costs by consolidating administrative functions.
       ``(c) Programs Affected.--The funds that may be 
     consolidated in a demonstration project under any such plan 
     referred to in subsection (a) shall include funds for any 
     Federal program exclusively serving Indian children, or the 
     funds reserved under any Federal program to exclusively serve 
     Indian children, under which the entity is eligible for 
     receipt of funds under a statutory or administrative formula 
     for the purposes of providing education and related services 
     that would be used to serve Indian students.
       ``(d) Plan Requirements.--For a plan to be acceptable 
     pursuant to subsection (b), the plan shall--
       ``(1) identify the programs or funding sources to be 
     consolidated;
       ``(2) be consistent with the objectives of this section 
     concerning authorizing the services to be integrated in a 
     demonstration project;
       ``(3) describe a comprehensive strategy that identifies the 
     full range of potential educational opportunities and related 
     services to be provided to assist Indian students to achieve 
     the objectives set forth in this chapter;
       ``(4) describe the way in which services are to be 
     integrated and delivered and the results expected from the 
     plan;
       ``(5) identify the projected expenditures under the plan in 
     a single budget;
       ``(6) identify the State, tribal, or local agency or 
     agencies to be involved in the delivery of the services 
     integrated under the plan;
       ``(7) identify any statutory provisions, regulations, 
     policies, or procedures that the entity believes need to be 
     waived in order to implement the plan;
       ``(8) set forth measures for student academic achievement 
     consistent with State academic standards under section 
     1111(b)(1); and
       ``(9) be approved by a committee formed in accordance with 
     section 1264(c)(4), if such a committee exists.
       ``(e) Plan Review.--Upon receipt of the plan from an 
     eligible entity, the Secretary shall consult with the 
     Secretary of each Federal department providing funds to be 
     used to implement the plan, and with the entity submitting 
     the plan. The parties so consulting shall identify any 
     waivers of statutory requirements or of Federal departmental 
     regulations, policies, or procedures necessary to enable the 
     entity to implement the plan. Notwithstanding any other 
     provision of law, the Secretary of the affected department 
     shall have the authority to waive any regulation, policy, or 
     procedure promulgated by that department that has been so 
     identified by the entity or department, unless the Secretary 
     of the affected department determines that such a waiver is 
     inconsistent with the objectives of this chapter or those 
     provisions of the statute from which the program involved 
     derives authority that are specifically applicable to Indian 
     students.
       ``(f) Plan Approval.--Within 90 days after the receipt of 
     an entity's plan by the Secretary, the Secretary shall inform 
     the entity, in writing, of the Secretary's approval or 
     disapproval of the plan. If the plan is disapproved, the 
     entity shall be informed, in writing, of the reasons for the 
     disapproval and shall be given an opportunity to amend the 
     plan or to petition the Secretary to reconsider such 
     disapproval.
       ``(g) Responsibilities of Department of Education.--The 
     Secretary of Education, the Secretary of the Interior, and 
     the head of any other Federal department or agency identified 
     by the Secretary of Education, shall enter into an 
     interdepartmental memorandum of agreement providing for the 
     implementation and coordination of the demonstration projects 
     authorized under this section. The lead agency head for a 
     demonstration project under this section shall be--
       ``(1) the Secretary of the Interior, in the case of an 
     entity meeting the definition of a contract or grant school 
     under title XI of the Education Amendments of 1978; or
       ``(2) the Secretary of Education, in the case of any other 
     entity.
       ``(h) Responsibilities of Lead Agency.--The 
     responsibilities of the lead agency shall include--
       ``(1) the use of a single report format related to the plan 
     for the individual project, which shall be used by an 
     eligible entity to report on the activities undertaken under 
     the project;
       ``(2) the use of a single report format related to the 
     projected expenditures for the individual project which shall 
     be used by an eligible entity to report on all project 
     expenditures;
       ``(3) the development of a single system of Federal 
     oversight for the project, which shall be implemented by the 
     lead agency; and
       ``(4) the provision of technical assistance to an eligible 
     entity appropriate to the project, except that an eligible 
     entity shall have the authority to accept or reject the plan 
     for providing such technical assistance and the technical 
     assistance provider.
       ``(i) Report Requirements.--A single report format shall be 
     developed by the Secretary, consistent with the requirements 
     of this section. Such report format shall require that 
     reports described in subsection (h), together with records 
     maintained on the consolidated program at the local level, 
     shall contain such information as will allow a determination 
     that the eligible entity has complied with the requirements 
     incorporated in its approved plan, including making a 
     demonstration of student academic achievement, and will 
     provide assurances to each Secretary that the eligible entity 
     has complied with all directly applicable statutory 
     requirements and with those directly applicable regulatory 
     requirements that have not been waived.
       ``(j) No Reduction in Amounts.--In no case shall the amount 
     of Federal funds available to an eligible entity involved in 
     any demonstration project be reduced as a result of the 
     enactment of this section.
       ``(k) Interagency Fund Transfers Authorized.--The Secretary 
     is authorized to take such action as may be necessary to 
     provide for an interagency transfer of funds otherwise 
     available to an eligible entity in order to further the 
     objectives of this section.
       ``(l) Administration of Funds.--
       ``(1) In general.--Program funds for the consolidated 
     programs shall be administered in such a manner as to allow 
     for a determination that funds from a specific program are 
     spent on allowable activities authorized under such program, 
     except that the eligible entity shall determine the 
     proportion of the funds granted that shall be allocated to 
     such program.
       ``(2) Separate records not required.--Nothing in this 
     section shall be construed as requiring the eligible entity 
     to maintain separate records tracing any services or 
     activities conducted under the approved plan to the 
     individual programs under which funds were authorized for the 
     services or activities, nor shall the eligible entity be 
     required to allocate expenditures among such individual 
     programs.
       ``(m) Overage.--The eligible entity may commingle all 
     administrative funds from the consolidated programs and shall 
     be entitled to the full amount of such funds (under each 
     program's or agency's regulations). The overage (defined as 
     the difference between the amount of the commingled funds and 
     the actual administrative cost of the programs) shall be 
     considered to be properly spent for Federal audit purposes, 
     if the overage is used for the purposes provided for under 
     this section.
       ``(n) Fiscal Accountability.--Nothing in this subpart shall 
     be construed so as to interfere with the ability of the 
     Secretary or the lead agency to fulfill the responsibilities 
     for the safeguarding of Federal funds pursuant to chapter 75 
     of title 31, United States Code.
       ``(o) Report on Statutory Obstacles to Program 
     Integration.--
       ``(1) In general.--The Secretary of Education shall 
     annually submit a report to the Committee on Health, 
     Education, Labor, and Pensions and the Committee on Indian 
     Affairs of the Senate, and the Committee on Education and the 
     Workforce and the Committee on Natural Resources of the House 
     of Representatives on the status of the implementation of the 
     demonstration projects authorized under this section.
       ``(2) Contents.--Such report shall identify--
       ``(A) 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 and other relevant 
     outcomes for Indian students.
       ``(p) Definitions.--For the purposes of this section, the 
     term `Secretary' means--
       ``(1) the Secretary of the Interior, in the case of an 
     entity meeting the definition of a contract or grant school 
     under title XI of the Education Amendments of 1978; or
       ``(2) the Secretary of Education, in the case of any other 
     entity.

     ``SEC. 1267. STUDENT ELIGIBILITY FORMS.

       ``(a) In General.--The Secretary shall require that, as 
     part of an application for a grant under this chapter, each 
     applicant shall maintain a file, with respect to each Indian 
     child for whom the local educational agency provides a free 
     public education, that contains a form that sets forth 
     information establishing the status of the child as an Indian 
     child eligible for assistance under this chapter, and that 
     otherwise meets the requirements of subsection (b).
       ``(b) Forms.--The form described in subsection (a) shall 
     include--
       ``(1) either--
       ``(A)(i) the name of the tribe or band of Indians (as 
     defined in section 1291) with respect to which the child 
     claims membership;
       ``(ii) the enrollment number establishing the membership of 
     the child (if readily available); and
       ``(iii) the name and address of the organization that 
     maintains updated and accurate membership data for such tribe 
     or band of Indians; or
       ``(B) the name, the enrollment number (if readily 
     available), and the name and address of the organization 
     responsible for maintaining updated and accurate membership 
     data, of any parent or grandparent of the child from whom the 
     child claims eligibility under this chapter, if the child is 
     not a member of the tribe or band of Indians (as so defined);
       ``(2) a statement of whether the tribe or band of Indians 
     (as so defined), with respect to which the child, or parent 
     or grandparent of the child, claims membership, is federally 
     recognized;
       ``(3) the name and address of the parent or legal guardian 
     of the child; and
       ``(4) a signature of the parent or legal guardian of the 
     child that verifies the accuracy of the information supplied.
       ``(c) Statutory Construction.--Nothing in this section 
     shall be construed to affect a definition contained in 
     section 1291.
       ``(d) Forms and Standards of Proof.--The forms and the 
     standards of proof (including the standard of good faith 
     compliance) that were in

[[Page H4651]]

     use during the 1985-1986 academic year to establish the 
     eligibility of a child for entitlement under the Indian 
     Elementary and Secondary School Assistance Act shall be the 
     forms and standards of proof used--
       ``(1) to establish eligibility under this chapter; and
       ``(2) to meet the requirements of subsection (a).
       ``(e) Documentation.--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 1263, 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.
       ``(f) Monitoring and Evaluation Review.--
       ``(1) In general.--
       ``(A) Review.--For each fiscal year, in order to provide 
     such information as is necessary to carry out the 
     responsibility of the Secretary to provide technical 
     assistance under this chapter, the Secretary shall conduct a 
     monitoring and evaluation review of a sampling of the 
     recipients of grants under this chapter. The sampling 
     conducted under this subparagraph shall take into account the 
     size of and the geographic location of each local educational 
     agency.
       ``(B) Exception.--A local educational agency may not be 
     held liable to the United States or be subject to any 
     penalty, by reason of the findings of an audit that relates 
     to the date of completion, or the date of submission, of any 
     forms used to establish, before April 28, 1988, the 
     eligibility of a child for an entitlement under the Indian 
     Elementary and Secondary School Assistance Act.
       ``(2) False information.--Any local educational agency that 
     provides false information in an application for a grant 
     under this chapter shall--
       ``(A) be ineligible to apply for any other grant under this 
     chapter; and
       ``(B) be liable to the United States for any funds from the 
     grant that have not been expended.
       ``(3) Excluded children.--A student who provides false 
     information for the form required under subsection (a) shall 
     not be counted for the purpose of computing the amount of a 
     grant under section 1263.
       ``(g) Tribal Grant and Contract Schools.--Notwithstanding 
     any other provision of this section, in calculating the 
     amount of a grant under this chapter to a tribal school that 
     receives a grant or contract from the Bureau of Indian 
     Education, the Secretary shall use only one of the following, 
     as selected by the school:
       ``(1) A count of the number of students in the schools 
     certified by the Bureau.
       ``(2) A count of the number of students for whom the school 
     has eligibility forms that comply with this section.
       ``(h) Timing of Child Counts.--For purposes of determining 
     the number of children to be counted in calculating the 
     amount of a local educational agency's grant under this 
     chapter (other than in the case described in subsection 
     (g)(1)), the local educational agency shall--
       ``(1) establish a date on, or a period not longer than 31 
     consecutive days during, which the agency counts those 
     children, if that date or period occurs before the deadline 
     established by the Secretary for submitting an application 
     under section 1264; and
       ``(2) determine that each such child was enrolled, and 
     receiving a free public education, in a school of the agency 
     on that date or during that period, as the case may be.

     ``SEC. 1268. PAYMENTS.

       ``(a) In General.--Subject to subsections (b) and (c), the 
     Secretary shall pay to each local educational agency that 
     submits an application that is approved by the Secretary 
     under this chapter the amount determined under section 1263. 
     The Secretary shall notify the local educational agency of 
     the amount of the payment not later than June 1 of the year 
     for which the Secretary makes the payment.
       ``(b) Payments Taken Into Account by the State.--The 
     Secretary may not make a grant under this chapter to a local 
     educational agency for a fiscal year if, for such fiscal 
     year, the State in which the local educational agency is 
     located takes into consideration payments made under this 
     chapter in determining the eligibility of the local 
     educational agency for State aid, or the amount of the State 
     aid, with respect to the free public education of children 
     during such fiscal year or the preceding fiscal year.
       ``(c) Reallocations.--The Secretary may reallocate, in a 
     manner that the Secretary determines will best carry out the 
     purpose of this chapter, any amounts that--
       ``(1) based on estimates made by local educational agencies 
     or other information, the Secretary determines will not be 
     needed by such agencies to carry out approved programs under 
     this chapter; or
       ``(2) otherwise become available for reallocation under 
     this chapter.

     ``SEC. 1269. STATE EDUCATIONAL AGENCY REVIEW.

       ``Before submitting an application to the Secretary under 
     section 1264, a local educational agency shall submit the 
     application to the State educational agency, which may 
     comment on such application. If the State educational agency 
     comments on the application, the agency shall comment on all 
     applications submitted by local educational agencies in the 
     State and shall provide those comments to the respective 
     local educational agencies, with an opportunity to respond.

   ``CHAPTER B--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL 
                   OPPORTUNITIES FOR INDIAN CHILDREN

     ``SEC. 1271. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR 
                   INDIAN CHILDREN.

       ``(a) Purpose.--
       ``(1) In general.--It is the purpose of this section to 
     support projects to develop, test, and demonstrate the 
     effectiveness of services and programs to improve educational 
     opportunities and achievement of Indian children.
       ``(2) Coordination.--The Secretary shall take the necessary 
     actions to achieve the coordination of activities assisted 
     under this chapter with--
       ``(A) other programs funded under this Act; and
       ``(B) other Federal programs operated for the benefit of 
     American Indian and Alaska Native children.
       ``(b) Eligible Entities.--In this section, the term 
     `eligible entity' means a State educational agency, local 
     educational agency, Indian tribe, Indian organization, 
     federally supported elementary school or secondary school for 
     Indian students, Indian institution (including an Indian 
     institution of higher education), or a consortium of such 
     entities.
       ``(c) Grants Authorized.--
       ``(1) In general.--From amounts appropriated under section 
     3(a)(1), the Secretary shall reserve 0.2 of one percent to 
     award grants to eligible entities to enable such entities to 
     carry out activities under this section and section 1272.
       ``(2) Uses of funds.--An eligible entity that receives a 
     grant under this section shall use the funds for one or more 
     activities, including--
       ``(A) innovative programs related to the educational needs 
     of educationally disadvantaged children;
       ``(B) educational services that are not available to such 
     children in sufficient quantity or quality, including 
     remedial instruction, to raise the achievement of Indian 
     children in one or more of the core academic subjects;
       ``(C) bilingual and bicultural programs and projects;
       ``(D) special health and nutrition services, and other 
     related activities, that address the special health, social, 
     and psychological problems of Indian children;
       ``(E) special compensatory and other programs and projects 
     designed to assist and encourage Indian children to enter, 
     remain in, or reenter school, and to increase the rate of 
     high school graduation for Indian children;
       ``(F) comprehensive guidance, counseling, and testing 
     services;
       ``(G) early childhood and kindergarten programs, including 
     family-based preschool programs that emphasize school 
     readiness and parental skills, and the provision of services 
     to Indian children with disabilities;
       ``(H) partnership projects between local educational 
     agencies and institutions of higher education that allow 
     secondary school students to enroll in courses at the 
     postsecondary level to aid such students in the transition 
     from secondary to postsecondary education;
       ``(I) partnership projects between schools and local 
     businesses for career preparation programs designed to 
     provide Indian youth with the knowledge and skills such youth 
     need to make an effective transition from school to a high-
     skill, high-wage career;
       ``(J) programs designed to encourage and assist Indian 
     students to work toward, and gain entrance into, an 
     institution of higher education;
       ``(K) family literacy services;
       ``(L) activities that recognize and support the unique 
     cultural and educational needs of Indian children, and 
     incorporate appropriately qualified tribal elders and 
     seniors; or
       ``(M) other services that meet the purpose described in 
     this section.
       ``(3) Professional development.--Evidence based 
     professional development of teaching professionals and 
     paraprofessionals may be a part of any program assisted under 
     this section.
       ``(d) Grant Requirements and Applications.--
       ``(1) Grant requirements.--
       ``(A) In general.--The Secretary may make multiyear grants 
     under subsection (c) for the planning, development, pilot 
     operation, or demonstration of any activity described in 
     subsection (c) for a period not to exceed 5 years.
       ``(B) Priority.--In making multiyear grants described in 
     this paragraph, the Secretary shall give priority to entities 
     submitting applications that present a plan for combining two 
     or more of the activities described in subsection (c) over a 
     period of more than 1 year.
       ``(C) Progress.--The Secretary shall make a grant payment 
     for a grant described in this paragraph to an eligible entity 
     after the initial year of the multiyear grant only if the 
     Secretary determines that the eligible entity has made 
     substantial progress in carrying out the activities assisted 
     under the grant in accordance with the application submitted 
     under paragraph (3) and any subsequent modifications to such 
     application.
       ``(2) Dissemination grants.--
       ``(A) In general.--In addition to awarding the multiyear 
     grants described in paragraph (1), the Secretary may award 
     grants under subsection (c) to eligible entities for the 
     dissemination of exemplary materials or programs assisted 
     under this section.
       ``(B) Determination.--The Secretary may award a 
     dissemination grant described in this paragraph if, prior to 
     awarding the grant, the Secretary determines that the 
     material or program to be disseminated--
       ``(i) has been adequately reviewed;
       ``(ii) has demonstrated educational merit; and
       ``(iii) can be replicated.
       ``(3) Application.--
       ``(A) In general.--Any eligible entity that desires to 
     receive a grant under this section shall submit an 
     application to the Secretary at such

[[Page H4652]]

     time and in such manner as the Secretary may reasonably 
     require.
       ``(B) Contents.--Each application submitted to the 
     Secretary under subparagraph (A), other than an application 
     for a dissemination grant under paragraph (2), shall 
     contain--
       ``(i) a description of how parents of Indian children and 
     representatives of Indian tribes have been, and will be, 
     involved in developing and implementing the activities for 
     which assistance is sought;
       ``(ii) assurances that the applicant will participate, at 
     the request of the Secretary, in any national evaluation of 
     activities assisted under this section;
       ``(iii) information demonstrating that the proposed program 
     for the activities is an evidence-based program, which may 
     include a program that has been modified to be culturally 
     appropriate for students who will be served; and
       ``(iv) a description of how the applicant will incorporate 
     the proposed activities into the ongoing school program 
     involved once the grant period is over.
       ``(e) Administrative Costs.--Not more than 5 percent of the 
     funds provided to a grantee under this chapter for any fiscal 
     year may be used for administrative purposes.

     ``SEC. 1272. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND 
                   EDUCATION PROFESSIONALS.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to increase the number of qualified Indian teachers, 
     school leaders, or other education professionals serving 
     Indian students, including through recruitment strategies;
       ``(2) to provide training to qualified Indian individuals 
     to enable such individuals to become effective teachers, 
     school leaders, administrators, teacher aides, social 
     workers, and ancillary educational personnel; and
       ``(3) to improve the skills of qualified Indian individuals 
     who serve in the capacities described in paragraph (2).
       ``(b) Eligible Entities.--For the purpose of this section, 
     the term `eligible entity' means--
       ``(1) an institution of higher education, including an 
     Indian institution of higher education;
       ``(2) a State educational agency or local educational 
     agency, in consortium with an institution of higher 
     education;
       ``(3) an Indian tribe or organization, in consortium with 
     an institution of higher education; and
       ``(4) a Bureau-funded school (as defined in section 1146 of 
     the Education Amendments of 1978).
       ``(c) Program Authorized.--The Secretary is authorized to 
     award grants from funds reserved under section 1271(c)(1) to 
     eligible entities having applications approved under this 
     section to enable those entities to carry out the activities 
     described in subsection (d).
       ``(d) Authorized Activities.--
       ``(1) In general.--Grant funds under this section shall be 
     used for activities to provide support and training for 
     Indian individuals in a manner consistent with the purposes 
     of this section.
       ``(2) Special rules.--
       ``(A) Type of training.--For education personnel, the 
     training received pursuant to a grant under this section may 
     be inservice or preservice training.
       ``(B) Program.--For individuals who are being trained to 
     enter any education-related field other than teaching, the 
     training received pursuant to a grant under this section 
     shall be in a program that results in a graduate degree.
       ``(e) Application.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may reasonably require. An application shall include 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 school leaders;
       ``(2) use funds made available under the grant to support 
     the recruitment, preparation, and professional development of 
     Indian teachers or school leaders in local educational 
     agencies that serve a high proportion of Indian students; and
       ``(3) assist participants in meeting the requirements under 
     subsection (h).
       ``(f) Special Rule.--In awarding grants under this section, 
     the Secretary--
       ``(1) shall consider the prior performance of the eligible 
     entity; and
       ``(2) may not limit eligibility to receive a grant under 
     this section on the basis of--
       ``(A) the number of previous grants the Secretary has 
     awarded such entity; or
       ``(B) the length of any period during which such entity 
     received such grants.
       ``(g) Grant Period.--Each grant under this section shall be 
     awarded for an initial period of not more than three years, 
     and may be renewed for not more than an additional two years 
     if the Secretary finds that the grantee is meeting the grant 
     objectives.
       ``(h) Service Obligation.--
       ``(1) In general.--The Secretary shall require, by 
     regulation, that an individual who receives training pursuant 
     to a grant made under this section--
       ``(A) perform work--
       ``(i) related to the training received under this section; 
     and
       ``(ii) that benefits Indian people; or
       ``(B) repay all or a prorated part of the assistance 
     received.
       ``(2) Reporting.--The Secretary shall establish, by 
     regulation, a reporting procedure under which a grant 
     recipient under this section shall, not later than 12 months 
     after the date of completion of the training, and 
     periodically thereafter, provide information concerning 
     compliance with the work requirement under paragraph (1).

                  ``CHAPTER C--FEDERAL ADMINISTRATION

     ``SEC. 1281. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

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

     ``SEC. 1282. PEER REVIEW.

       ``The Secretary may use a peer review process to review 
     applications submitted to the Secretary under chapter B.

     ``SEC. 1283. PREFERENCE FOR INDIAN APPLICANTS.

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

     ``SEC. 1284. MINIMUM GRANT CRITERIA.

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

                        ``CHAPTER D--DEFINITIONS

     ``SEC. 1291. DEFINITIONS.

       ``For the purposes of this subpart:
       ``(1) Adult.--The term `adult' means an individual who--
       ``(A) has attained the age of 16 years; or
       ``(B) has attained an age that is greater than the age of 
     compulsory school attendance under an applicable State law.
       ``(2) Alaska native.--The term `Alaska Native' has the same 
     meaning as the term `Native' has in section 3(b) of the 
     Alaska Native Claims Settlement Act.
       ``(3) Free public education.--The term `free public 
     education' means education that is--
       ``(A) provided at public expense, under public supervision 
     and direction, and without tuition charge; and
       ``(B) provided as elementary or secondary education in the 
     applicable State or to preschool children.
       ``(4) Indian.--The term `Indian' means an individual who 
     is--
       ``(A) a member of an Indian tribe or band, as membership is 
     defined by the tribe or band, including--
       ``(i) any tribe or band terminated since 1940; and
       ``(ii) any tribe or band recognized by the State in which 
     the tribe or band resides;
       ``(B) a descendant, in the first or second degree, of an 
     individual described in subparagraph (A);
       ``(C) considered by the Secretary of the Interior to be an 
     Indian for any purpose;
       ``(D) an Eskimo, Aleut, or other Alaska Native; or
       ``(E) a member of an organized Indian group that received a 
     grant under the Indian Education Act of 1988 as in effect the 
     day preceding the date of enactment of the Improving 
     America's Schools Act of 1994.''.
       (b) Strike.--The Act is amended by striking title VII (20 
     U.S.C. 7401 et seq.).

                    Subtitle D--National Assessment

     SEC. 141. NATIONAL ASSESSMENT OF TITLE I.

       (a) In General.--Part E of title I (20 U.S.C. 6491 et seq.) 
     is redesignated as part B of title I.
       (b) Repeals.--Sections 1502 and 1504 (20 U.S.C. 6492; 6494) 
     are repealed.
       (c) Redesignations.--Sections 1501 and 1503 (20 U.S.C. 
     6491; 6493) are redesignated as sections 1301 and 1302, 
     respectively.
       (d) Amendments to Section 1301.--Section 1301 (20 U.S.C. 
     6491), as so redesignated, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``, acting through the 
     Director of the Institute of Education Sciences (in this 
     section and section 1302 referred to as the `Director'),'' 
     after ``The Secretary'';
       (B) in paragraph (2)--
       (i) by striking ``Secretary'' and inserting ``Director'';
       (ii) in subparagraph (A), by striking ``reaching the 
     proficient level'' and all that follows and inserting 
     ``graduating high school prepared for postsecondary education 
     or the workforce.'';
       (iii) in subparagraph (B), by striking ``reach the 
     proficient'' and all that follows and inserting ``meet State 
     academic standards.'';

[[Page H4653]]

       (iv) by striking subparagraphs (D) and (G) and 
     redesignating subparagraphs (E), (F), and (H) through (O) as 
     subparagraphs (D) through (M), respectively;
       (v) in subparagraph (D)(v) (as so redesignated), by 
     striking ``help schools in which'' and all that follows and 
     inserting ``address disparities in the percentages of 
     effective teachers teaching in low-income schools.''
       (vi) in subparagraph (G) (as so redesignated)--

       (I) by striking ``section 1116'' and inserting ``section 
     1111(b)(3)(B)(iii)''; and
       (II) by striking ``, including the following'' and all that 
     follows and inserting a period;

       (vii) in subparagraph (I) (as so redesignated), by striking 
     ``qualifications'' and inserting ``effectiveness'';
       (viii) in subparagraph (J) (as so redesignated), by 
     striking ``, including funds under section 1002,'';
       (ix) in subparagraph (L) (as so redesignated), by striking 
     ``section 1111(b)(2)(C)(v)(II)'' and inserting ``section 
     1111(b)(3)(B)(ii)(II)''; and
       (x) in subparagraph (M) (as so redesignated), by striking 
     ``Secretary'' and inserting ``Director'';
       (C) in paragraph (3), by striking ``Secretary'' and 
     inserting ``Director'';
       (D) in paragraph (4), by striking ``Secretary'' and 
     inserting ``Director'';
       (E) in paragraph (5), by striking ``Secretary'' and 
     inserting ``Director''; and
       (F) in paragraph (6)--
       (i) by striking ``No Child Left Behind Act of 2001'' each 
     place it appears and inserting ``Student Success Act''; and
       (ii) by striking ``Secretary'' each place it appears and 
     inserting ``Director'';
       (2) in subsection (b), by striking ``Secretary'' each place 
     it appears and inserting ``Director'';
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``Secretary'' and inserting ``Director''; 
     and
       (ii) by striking ``part A'' and inserting ``subpart 1 of 
     part A'';
       (B) in paragraph (2)--
       (i) by striking ``Secretary'' and inserting ``Director'';
       (ii) in subparagraph (B), by striking ``challenging 
     academic achievement standards'' and inserting ``State 
     academic standards'';
       (iii) in subparagraph (E), by striking ``effects of the 
     availability'' and all that follows and inserting ``extent to 
     which actions authorized under section 1111(b)(3)(B)(iii) 
     improve the academic achievement of disadvantaged students 
     and low-performing schools.''; and
       (iv) in subparagraph (F), by striking ``Secretary'' and 
     inserting ``Director''; and
       (C) in paragraph (3)--
       (i) by striking ``Secretary'' and inserting ``Director''; 
     and
       (ii) by striking subparagraph (C) and inserting the 
     following:
       ``(C) analyzes varying models or strategies for delivering 
     school services, including schoolwide and targeted 
     services.''; and
       (4) in subsection (d), by striking ``Secretary'' each place 
     it appears and inserting ``Director''.
       (e) Amendments to Section 1302.--Section 1302 (20 U.S.C. 
     6493), as so redesignated, is amended--
       (1) in subsection (a)--
       (A) by striking ``Secretary'' and inserting ``Director''; 
     and
       (B) by striking ``and for making decisions about the 
     promotion and graduation of students'';
       (2) in subsection (b)--
       (A) by striking ``Secretary'' the first place it appears 
     and inserting ``Director'';
       (B) by striking ``process,'' and inserting ``process 
     consistent with section 1206,''; and
       (C) by striking ``Assistant Secretary of Educational 
     Research and Improvement'' and inserting ``Director'';
       (3) in subsection (d)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``to the State-defined 
     level of proficiency'' and inserting ``toward meeting the 
     State academic standards''; and
       (ii) in subparagraph (C), by striking ``pupil-services'' 
     and inserting ``specialized instructional support services'';
       (B) in paragraph (3), by striking ``limited and nonlimited 
     English proficient students'' and inserting ``English 
     learners''; and
       (C) in paragraph (6), by striking ``Secretary'' and 
     inserting ``Director''; and
       (4) in subsection (f)--
       (A) by striking ``Secretary'' and inserting ``Director''; 
     and
       (B) by striking ``authorized to be appropriated for this 
     part'' and inserting ``appropriated under section 3(a)(2)''.

                 Subtitle E--Title I General Provisions

     SEC. 151. GENERAL PROVISIONS FOR TITLE I.

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

                      ``PART C--GENERAL PROVISIONS

     ``SEC. 1401. FEDERAL REGULATIONS.

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

     ``SEC. 1402. AGREEMENTS AND RECORDS.

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

     ``SEC. 1403. STATE ADMINISTRATION.

       ``(a) Rulemaking.--
       ``(1) In general.--Each State that receives funds under 
     this title shall--
       ``(A) ensure that any State rules, regulations, and 
     policies relating to this title conform to the purposes of 
     this title and provide any such proposed rules, regulations, 
     and policies to the committee of practitioners created under 
     subsection (b) for review and comment;
       ``(B) minimize such rules, regulations, and policies to 
     which the State's local educational agencies and schools are 
     subject;
       ``(C) eliminate or modify State and local fiscal accounting 
     requirements in order to facilitate the ability of schools to 
     consolidate funds under schoolwide programs;
       ``(D) identify any such rule, regulation, or policy as a 
     State-imposed requirement; and
       ``(E)(i) identify any duplicative or contrasting 
     requirements between the State and Federal rules or 
     regulations;
       ``(ii) eliminate the rules and regulations that are 
     duplicative of Federal requirements; and
       ``(iii) report any conflicting requirements to the 
     Secretary and determine which Federal or State rule or 
     regulation shall be followed.
       ``(2) Support and facilitation.--State rules, regulations, 
     and policies under this title shall support and facilitate 
     local educational agency and school-level systemic reform 
     designed to enable all children to meet the State academic 
     standards.
       ``(b) Committee of Practitioners.--
       ``(1) In general.--Each State educational agency that 
     receives funds under this title shall

[[Page H4654]]

     create a State committee of practitioners to advise the State 
     in carrying out its responsibilities under this title.
       ``(2) Membership.--Each such committee shall include--
       ``(A) as a majority of its members, representatives from 
     local educational agencies;
       ``(B) administrators, including the administrators of 
     programs described in other parts of this title;
       ``(C) teachers from public charter schools, traditional 
     public schools, and career and technical educators;
       ``(D) parents;
       ``(E) members of local school boards;
       ``(F) representatives of private school children; and
       ``(G) specialized instructional support personnel.
       ``(3) Duties.--The duties of such committee shall include a 
     review, before publication, of any proposed or final State 
     rule or regulation pursuant to this title. In an emergency 
     situation where such rule or regulation must be issued within 
     a very limited time to assist local educational agencies with 
     the operation of the program under this title, the State 
     educational agency may issue a regulation without prior 
     consultation, but shall immediately thereafter convene the 
     State committee of practitioners to review the emergency 
     regulation before issuance in final form.

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

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

            TITLE II--TEACHER PREPARATION AND EFFECTIVENESS

     SEC. 201. TEACHER PREPARATION AND EFFECTIVENESS.

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

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

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

               ``PART A--SUPPORTING EFFECTIVE INSTRUCTION

     ``SEC. 2101. PURPOSE.

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

                     ``Subpart 1--Grants to States

     ``SEC. 2111. ALLOTMENTS TO STATES.

       ``(a) In General.--Of the amounts appropriated under 
     section 3(b), the Secretary shall reserve 75 percent to make 
     grants to States with applications approved under section 
     2112 to pay for the Federal share of the cost of carrying out 
     the activities specified in section 2113. Each grant shall 
     consist of the allotment determined for a State under 
     subsection (b).
       ``(b) Determination of Allotments.--
       ``(1) Reservation of funds.--Of the amount reserved under 
     subsection (a) for a fiscal year, the Secretary shall 
     reserve--
       ``(A) not more than 1 percent to carry out national 
     activities under section 2132;
       ``(B) one-half of 1 percent for allotments to outlying 
     areas on the basis of their relative need, as determined by 
     the Secretary, in accordance with the purpose of this part; 
     and
       ``(C) one-half of 1 percent for the Secretary of the 
     Interior for programs under this part in schools operated or 
     funded by the Bureau of Indian Education.
       ``(2) State allotments.--
       ``(A) In general.--Subject to subparagraph (B), from the 
     funds reserved under subsection (a) for any fiscal year and 
     not reserved under paragraph (1), the Secretary shall allot 
     to each State the sum of--
       ``(i) an amount that bears the same relationship to 50 
     percent of the funds as the number of individuals age 5 
     through 17 in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined; and
       ``(ii) an amount that bears the same relationship to 50 
     percent of the funds as the number of individuals age 5 
     through 17 from families with incomes below the poverty line 
     in the State, as determined by the Secretary on the basis of 
     the most recent satisfactory data, bears to the number of 
     those individuals in all such States, as so determined.
       ``(B) Small state minimum.--No State receiving an allotment 
     under subparagraph (A) may receive less than one-half of 1 
     percent of the total amount of funds allotted under such 
     subparagraph for a fiscal year.
       ``(c) Alternate Distribution of Funds.--
       ``(1) In general.--Subject to paragraphs (2) through (5), 
     if a State does not apply to the Secretary for an allotment 
     under this section, a local educational agency located in 
     such State may apply to the Secretary for a portion of the 
     funds that would have been allotted to the State had such 
     State applied for an allotment under this section to carry 
     out the activities under this part.
       ``(2) Application.--In order to receive an allotment under 
     paragraph (1), a local educational agency shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing the information described in section 2122.
       ``(3) Use of funds.--A local educational agency receiving 
     an allotment under paragraph (1)--
       ``(A) shall use such funds to carry out the activities 
     described in section 2123(1); and
       ``(B) may use such funds to carry out the activities 
     described in section 2123(2).
       ``(4) Reporting requirements.--A local educational agency 
     receiving an allotment under paragraph (1) shall carry out 
     the reporting requirements described in section 2131(a), 
     except that annual reports shall be submitted to the 
     Secretary and not a State educational agency.
       ``(5) Amount of allotment.--An allotment made to a local 
     educational agency under paragraph (1) for a fiscal year 
     shall be equal to the amount of subgrant funds that the local 
     educational agency would have received under subpart 2 had 
     such agency applied for a subgrant under such subpart for 
     such fiscal year.
       ``(d) Reallotment.--If a State does not apply for an 
     allotment under this section for any fiscal year or only a 
     portion of the State's allotment is allotted under subsection 
     (c), the Secretary shall reallot the State's entire allotment 
     or the remaining portion of its allotment, as the case may 
     be, to the remaining States in accordance with subsection 
     (b).

     ``SEC. 2112. STATE APPLICATION.

       ``(a) In General.--For a State to be eligible to receive a 
     grant under this subpart, the State educational agency shall 
     submit an application to the Secretary at such time and in 
     such a manner as the Secretary may reasonably require, which 
     shall include the following:
       ``(1) A description of how the State educational agency 
     will meet the requirements of this subpart.
       ``(2) A description of how the State educational agency 
     will use a grant received under section 2111, including the 
     grant funds the State will reserve for State-level activities 
     under section 2113(a)(2).
       ``(3) A description of how the State educational agency 
     will facilitate the sharing of evidence-based and other 
     effective strategies among local educational agencies.
       ``(4) A description of how, and under what timeline, the 
     State educational agency will allocate subgrants under 
     subpart 2 to local educational agencies.
       ``(5) In the case of a State educational agency that is not 
     developing or implementing a statewide teacher evaluation 
     system, a description of how the State educational agency 
     will ensure that each local educational agency in the State 
     receiving a subgrant under subpart 2 will implement a teacher 
     evaluation system that meets the requirements of clauses (i) 
     through (v) of section 2123(1)(A).
       ``(6) In the case of a State educational agency that is 
     developing or implementing a statewide teacher evaluation 
     system--
       ``(A) a description of how the State educational agency 
     will work with local educational agencies in the State to 
     implement the statewide teacher evaluation system within 3 
     years of the date of enactment of the Student Success Act; 
     and
       ``(B) an assurance that the statewide teacher evaluation 
     system complies with clauses (i) through (v) of section 
     2123(1)(A).
       ``(7) An assurance that the State educational agency will 
     comply with section 5501 (regarding participation by private 
     school children and teachers).
       ``(b) Deemed Approval.--An application submitted by a State 
     educational agency under subsection (a) shall be deemed to be 
     approved by the Secretary unless the Secretary makes a 
     written determination, prior to the expiration of the 120-day 
     period beginning on the date on which the Secretary received 
     the application, that the application is not in compliance 
     with this subpart.
       ``(c) Disapproval.--The Secretary shall not finally 
     disapprove an application, except after giving the State 
     educational agency notice and an opportunity for a hearing.
       ``(d) Notification.--If the Secretary finds that an 
     application is not in compliance, in whole or in part, with 
     this subpart, the Secretary shall--
       ``(1) give the State educational agency notice and an 
     opportunity for a hearing; and
       ``(2) notify the State educational agency of the finding of 
     noncompliance and, in such notification, shall--
       ``(A) cite the specific provisions in the application that 
     are not in compliance; and
       ``(B) request additional information, only as to the 
     noncompliant provisions, needed to make the application 
     compliant.
       ``(e) Response.--If a State educational agency responds to 
     a notification from the Secretary under subsection (d)(2) 
     during the 45-day period beginning on the date on which the 
     agency received the notification, and resubmits the 
     application with the requested information described in 
     subsection (d)(2)(B), the Secretary shall approve or 
     disapprove such application prior to the later of--
       ``(1) the expiration of the 45-day period beginning on the 
     date on which the application is resubmitted; or
       ``(2) the expiration of the 120-day period described in 
     subsection (b).
       ``(f) Failure to Respond.--If a State educational agency 
     does not respond to a notification from the Secretary under 
     subsection (d)(2) during the 45-day period beginning on the 
     date on which the agency received the notification, such 
     application shall be deemed to be disapproved.

     ``SEC. 2113. STATE USE OF FUNDS.

       ``(a) In General.--A State educational agency that receives 
     a grant under section 2111 shall--
       ``(1) reserve 95 percent of the grant funds to make 
     subgrants to local educational agencies under subpart 2; and

[[Page H4655]]

       ``(2) use the remainder of the funds, after reserving funds 
     under paragraph (1), for the State activities described in 
     subsection (b), except that the State may reserve not more 
     than 1 percent of the grant funds for planning and 
     administration related to carrying out activities described 
     in subsection (b).
       ``(b) State-level Activities.--A State educational agency 
     that receives a grant under section 2111--
       ``(1) shall use the amount described in subsection (a)(2) 
     to--
       ``(A) provide training and technical assistance to local 
     educational agencies on--
       ``(i) in the case of a State educational agency not 
     implementing a statewide teacher evaluation system--

       ``(I) the development and implementation of a teacher 
     evaluation system that meets the requirements of clauses (i) 
     through (v) of section 2123(1)(A); and
       ``(II) training school leaders in using such evaluation 
     system; or

       ``(ii) in the case of a State educational agency 
     implementing a statewide teacher evaluation system, 
     implementing such evaluation system; and
       ``(B) fulfill the State educational agency's 
     responsibilities with respect to the proper and efficient 
     administration of the subgrant program carried out under this 
     part; and
       ``(2) may use the amount described in subsection (a)(2) 
     to--
       ``(A) disseminate and share evidence-based and other 
     effective practices, including practices consistent with the 
     principles of effectiveness described in section 2222(b), 
     related to teacher and school leader effectiveness and 
     professional development;
       ``(B) provide professional development for teachers and 
     school leaders in the State consistent with section 
     2123(2)(D); and
       ``(C) provide training and technical assistance to local 
     educational agencies on--
       ``(i) in the case of a State educational agency not 
     implementing a statewide school leader evaluation system, the 
     development and implementation of a school leader evaluation 
     system; and
       ``(ii) in the case of a State educational agency 
     implementing a statewide school leader evaluation system, 
     implementing such evaluation system.

          ``Subpart 2--Subgrants to Local Educational Agencies

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

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

     ``SEC. 2122. LOCAL APPLICATIONS.

       ``To be eligible to receive a subgrant under this subpart, 
     a local educational agency shall submit an application to the 
     State educational agency involved at such time, in such a 
     manner, and containing such information as the State 
     educational agency may reasonably require that, at a minimum, 
     shall include the following:
       ``(1) A description of--
       ``(A) how the local educational agency will meet the 
     requirements of this subpart;
       ``(B) how the activities to be carried out by the local 
     educational agency under this subpart will be evidence-based, 
     improve student academic achievement, and improve teacher and 
     school leader effectiveness;
       ``(C) in the case of a local educational agency not in a 
     State with a statewide teacher evaluation system, the teacher 
     evaluation system that will be developed and implemented 
     under section 2123(1) and how such system will meet the 
     requirements described in clauses (i) through (v) of section 
     2123(1)(A);
       ``(D) how, in developing and implementing such a teacher 
     evaluation system, the local educational agency will work 
     with parents, teachers, school leaders, and other staff of 
     the schools served by the local educational agency; and
       ``(E) how the local educational agency will develop and 
     implement such a teacher evaluation system within 3 years of 
     the date of enactment of the Student Success Act.
       ``(2) In the case of a local educational agency in a State 
     with a statewide teacher evaluation system, a description of 
     how the local educational agency will work with the State 
     educational agency to implement the statewide teacher 
     evaluation system within 3 years of the date of enactment of 
     the Student Success Act.
       ``(3) An assurance that the local educational agency will 
     comply with section 5501 (regarding participation by private 
     school children and teachers).

     ``SEC. 2123. LOCAL USE OF FUNDS.

       ``A local educational agency receiving a subgrant under 
     this subpart--
       ``(1) shall use such funds--
       ``(A) to develop and implement a teacher evaluation system 
     that--
       ``(i) uses student achievement data derived from a variety 
     of sources as a significant factor in determining a teacher's 
     evaluation, with the weight given to such data defined by the 
     local educational agency;
       ``(ii) uses multiple measures of evaluation for evaluating 
     teachers;
       ``(iii) has more than 2 categories for rating the 
     performance of teachers;
       ``(iv) shall be used to make personnel decisions, as 
     determined by the local educational agency; and
       ``(v) is based on input from parents, school leaders, 
     teachers, and other staff of schools served by the local 
     educational agency; or
       ``(B) in the case of a local educational agency located in 
     a State implementing a statewide teacher evaluation system, 
     to implement such evaluation system; and
       ``(2) may use such funds for--
       ``(A) the training of school leaders or other individuals 
     for the purpose of evaluating teachers under a teacher 
     evaluation system described in subparagraph (A) or (B) of 
     paragraph (1), as appropriate;
       ``(B) in the case of a local educational agency located in 
     a State implementing a statewide school leader evaluation 
     system, to implement such evaluation system;
       ``(C) in the case of a local educational agency located in 
     a State not implementing a statewide school leader evaluation 
     system, the development and implementation of a school leader 
     evaluation system;
       ``(D) professional development for teachers and school 
     leaders that is evidence-based, job-embedded, and continuous, 
     such as--
       ``(i) subject-based professional development for teachers;
       ``(ii) professional development aligned with the State's 
     academic standards;
       ``(iii) professional development to assist teachers in 
     meeting the needs of students with different learning styles, 
     particularly students with disabilities, English learners, 
     and gifted and talented students;
       ``(iv) professional development for teachers identified as 
     in need of additional support through data provided by a 
     teacher evaluation system described in subparagraph (A) or 
     (B) of paragraph (1), as appropriate;
       ``(v) professional development based on the current science 
     of learning, which includes research on positive brain change 
     and cognitive skill development;
       ``(vi) professional development for school leaders, 
     including evidence-based mentorship programs for such 
     leaders;
       ``(vii) professional development on integrated, 
     interdisciplinary, and project-based teaching strategies, 
     including for career and technical education teachers; or
       ``(viii) professional development on teaching dual credit 
     and dual enrollment postsecondary-level courses to secondary 
     school students;
       ``(E) partnering with a public or private organization or a 
     consortium of such organizations to develop and implement a 
     teacher evaluation system described in subparagraph (A) or 
     (B) of paragraph (1), or to administer professional 
     development, as appropriate;
       ``(F) any activities authorized under section 2222(a); or
       ``(G) class size reduction, except that the local 
     educational agency may use not more than 10 percent of such 
     funds for this purpose.

                    ``Subpart 3--General Provisions

     ``SEC. 2131. REPORTING REQUIREMENTS.

       ``(a) Local Educational Agencies.--Each local educational 
     agency receiving a subgrant under subpart 2 shall submit to 
     the State educational agency involved, on an annual basis 
     until the last year in which the local educational agency 
     receives such subgrant funds, a report on--
       ``(1) how the local educational agency is meeting the 
     purposes of this part described in section 2101;
       ``(2) how the local educational agency is using such 
     subgrant funds;
       ``(3) the number and percentage of teachers in each 
     category established under clause (iii) of section 
     2123(1)(A), except that such report shall not reveal 
     personally identifiable information about an individual 
     teacher; and
       ``(4) any such other information as the State educational 
     agency may require.
       ``(b) State Educational Agencies.--Each State educational 
     agency receiving a grant under subpart 1 shall submit to the 
     Secretary a report, on an annual basis until the last year in 
     which the State educational agency receives such grant funds, 
     on--
       ``(1) how the State educational agency is meeting the 
     purposes of this part described in section 2101; and
       ``(2) how the State educational agency is using such grant 
     funds.

     ``SEC. 2132. NATIONAL ACTIVITIES.

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

     ``SEC. 2133. STATE DEFINED.

       ``In this part, the term `State' means each of the 50 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico.''.
       (c) Part B.--Part B of title II (20 U.S.C. 6661 et seq.) is 
     amended to read as follows:

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

     ``SEC. 2201. PURPOSE.

       ``The purpose of this part is to improve student academic 
     achievement by--

[[Page H4656]]

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

                 ``Subpart 1--Formula Grants to States

     ``SEC. 2211. STATE ALLOTMENTS.

       ``(a) Reservations.--From the amount appropriated under 
     section 3(b) for any fiscal year, the Secretary--
       ``(1) shall reserve 25 percent to award grants to States 
     under this subpart; and
       ``(2) of the amount reserved under paragraph (1), shall 
     reserve--
       ``(A) not more than 1 percent for national activities 
     described in section 2233;
       ``(B) one-half of 1 percent for allotments to outlying 
     areas on the basis of their relative need, as determined by 
     the Secretary, in accordance with the purpose of this part; 
     and
       ``(C) one-half of 1 percent for the Secretary of the 
     Interior for programs under this part in schools operated or 
     funded by the Bureau of Indian Education.
       ``(b) State Allotments.--
       ``(1) In general.--From the total amount reserved under 
     subsection (a)(1) for each fiscal year and not reserved under 
     subparagraphs (A) through (C) of subsection (a)(2), the 
     Secretary shall allot, and make available in accordance with 
     this section, to each State an amount that bears the same 
     ratio to such sums as the school-age population of the State 
     bears to the school-age population of all States.
       ``(2) Small state minimum.--No State receiving an allotment 
     under paragraph (1) may receive less than one-half of 1 
     percent of the total amount allotted under such paragraph.
       ``(3) Reallotment.--If a State does not receive an 
     allotment under this subpart for a fiscal year, the Secretary 
     shall reallot the amount of the State's allotment to the 
     remaining States in accordance with this section.
       ``(c) State Application.--In order to receive an allotment 
     under this section for any fiscal year, a State shall submit 
     an application to the Secretary, at such time and in such 
     manner as the Secretary may reasonably require. Such 
     application shall--
       ``(1) designate the State educational agency as the agency 
     responsible for the administration and supervision of 
     programs assisted under this part;
       ``(2) describe how the State educational agency will use 
     funds received under this section for State level activities 
     described in subsection (d)(3);
       ``(3) describe the procedures and criteria the State 
     educational agency will use for reviewing applications and 
     awarding subgrants in a timely manner to eligible entities 
     under section 2221 on a competitive basis;
       ``(4) describe how the State educational agency will ensure 
     that subgrants made under section 2221 are of sufficient size 
     and scope to support effective programs that will help 
     increase academic achievement in the classroom and are 
     consistent with the purposes of this part;
       ``(5) describe the steps the State educational agency will 
     take to ensure that eligible entities use subgrants received 
     under section 2221 to carry out programs that implement 
     effective strategies, including by providing ongoing 
     technical assistance and training, and disseminating 
     evidence-based and other effective strategies to such 
     eligible entities;
       ``(6) describe how programs under this part will be 
     coordinated with other programs under this Act; and
       ``(7) include an assurance that, other than providing 
     technical and advisory assistance and monitoring compliance 
     with this part, the State educational agency has not 
     exercised, and will not exercise, any influence in the 
     decision-making processes of eligible entities as to the 
     expenditure of funds made pursuant to an application 
     submitted under section 2221(b).
       ``(d) State Use of Funds.--
       ``(1) In general.--Each State that receives an allotment 
     under this section shall reserve not less than 92 percent of 
     the amount allotted to such State under subsection (b), for 
     each fiscal year, for subgrants to eligible entities under 
     subpart 2.
       ``(2) State administration.--A State educational agency may 
     reserve not more than 1 percent of the amount made available 
     to the State under subsection (b) for the administrative 
     costs of carrying out such State educational agency's 
     responsibilities under this subpart.
       ``(3) State-level activities.--
       ``(A) Innovative teacher and school leader activities.--A 
     State educational agency shall reserve not more than 4 
     percent of the amount made available to the State under 
     subsection (b) to carry out, solely, or in partnership with 
     State agencies of higher education, 1 or more of the 
     following activities:
       ``(i) Reforming teacher and school leader certification, 
     recertification, licensing, and tenure systems to ensure that 
     such systems are rigorous and that--

       ``(I) each teacher has the subject matter knowledge and 
     teaching skills necessary to help students meet the State's 
     academic standards; and
       ``(II) school leaders have the instructional leadership 
     skills to help teachers instruct and students learn.

       ``(ii) Improving the quality of teacher preparation 
     programs within the State, including through the use of 
     appropriate student achievement data and other factors to 
     evaluate the quality of teacher preparation programs within 
     the State.
       ``(iii) Carrying out programs that establish, expand, or 
     improve alternative routes for State certification or 
     licensure of teachers and school leaders, including such 
     programs for--

       ``(I) mid-career professionals from other occupations, 
     including science, technology, engineering, and math fields;
       ``(II) former military personnel; and
       ``(III) recent graduates of an institution of higher 
     education, with a record of academic distinction, who 
     demonstrate the potential to become effective teachers or 
     school leaders.

       ``(iv) Developing, or assisting eligible entities in 
     developing--

       ``(I) performance-based pay systems for teachers and school 
     leaders;
       ``(II) strategies that provide differential, incentive, or 
     bonus pay for teachers and school leaders; or
       ``(III) teacher and school leader advancement initiatives 
     that promote professional growth and emphasize multiple 
     career paths and pay differentiation.

       ``(v) Developing, or assisting eligible entities in 
     developing, new, evidence-based teacher and school leader 
     induction and mentoring programs that are designed to--

       ``(I) improve instruction and student academic achievement; 
     and
       ``(II) increase the retention of effective teachers and 
     school leaders.

       ``(vi) Providing professional development for teachers and 
     school leaders that is focused on improving teaching and 
     student academic achievement, including for students with 
     different learning styles, particularly students with 
     disabilities, English learners, gifted and talented students, 
     and other special populations.
       ``(vii) Providing training and technical assistance to 
     eligible entities that receive a subgrant under section 2221.
       ``(viii) Other activities identified by the State 
     educational agency that meet the purposes of this part, 
     including those activities authorized under subparagraph (B).
       ``(B) Teacher or school leader preparation academies.--
       ``(i) In general.--In the case of a State in which teacher 
     or school leader preparation academies are allowable under 
     State law, a State educational agency may reserve not more 
     than 3 percent of the amount made available to the State 
     under subsection (b) to support the establishment or 
     expansion of one or more teacher or school leader preparation 
     academies and, subject to the limitation under clause (iii), 
     to support State authorizers for such academies.
       ``(ii) Matching requirement.--A State educational agency 
     shall not provide funds under this subparagraph to support 
     the establishment or expansion of a teacher or school leader 
     preparation academy unless the academy agrees to provide, 
     either directly or through private contributions, non-Federal 
     matching funds equal to not less than 10 percent of the 
     amount of the funds the academy will receive under this 
     subparagraph.
       ``(iii) Funding for state authorizers.--Not more than 5 
     percent of funds provided to a teacher or school leader 
     preparation academy under this subparagraph may be used to 
     support activities of State authorizers for such academy.

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

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

              ``Subpart 2--Local Competitive Grant Program

     ``SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM.

       ``(a) In General.--A State that receives an allotment under 
     section 2211(b) for a fiscal year shall use the amount 
     reserved under section 2211(d)(1) to award subgrants, on a 
     competitive basis, to eligible entities in accordance with 
     this section to enable such entities to carry out the 
     programs and activities described in section 2222.

[[Page H4657]]

       ``(b) Application.--
       ``(1) In general.--To be eligible to receive a subgrant 
     under this section, an eligible entity shall submit an 
     application to the State educational agency at such time, in 
     such manner, and including such information as the State 
     educational agency may reasonably require.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall include--
       ``(A) a description of the programs and activities to be 
     funded and how they are consistent with the purposes of this 
     part; and
       ``(B) an assurance that the eligible entity will comply 
     with section 5501 (regarding participation by private school 
     children and teachers).
       ``(c) Peer Review.--In reviewing applications under this 
     section, a State educational agency shall use a peer review 
     process or other methods of assuring the quality of such 
     applications but the review shall only judge the likelihood 
     of the activity to increase student academic achievement. The 
     reviewers shall not make a determination based on the policy 
     of the proposed activity.
       ``(d) Geographic Diversity.--A State educational agency 
     shall distribute funds under this section equitably among 
     geographic areas within the State, including rural, suburban, 
     and urban communities.
       ``(e) Duration of Awards.--A State educational agency may 
     award subgrants under this section for a period of not more 
     than 5 years.
       ``(f) Matching.--An eligible entity receiving a subgrant 
     under this section shall provide, either directly or through 
     private contributions, non-Federal matching funds equal to 
     not less than 10 percent of the amount of the subgrant.

     ``SEC. 2222. LOCAL AUTHORIZED ACTIVITIES.

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

                    ``Subpart 3--General Provisions

     ``SEC. 2231. PERIODIC EVALUATION.

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

     ``SEC. 2232. REPORTING REQUIREMENTS.

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

     ``SEC. 2233. NATIONAL ACTIVITIES.

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

     ``SEC. 2234. DEFINITIONS.

       ``In this part:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a local educational agency or consortium of local 
     educational agencies;
       ``(B) an institution of higher education or consortium of 
     such institutions in partnership with a local educational 
     agency or consortium of local educational agencies;
       ``(C) a for-profit organization, a nonprofit organization, 
     or a consortium of for-profit or nonprofit organizations in 
     partnership with a local educational agency or consortium of 
     local educational agencies; or
       ``(D) a consortium of the entities described in 
     subparagraphs (B) and (C).
       ``(2) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       ``(3) State authorizer.--The term `State authorizer' means 
     an entity designated by the Governor of a State to authorize 
     teacher or school leader preparation academies within the 
     State that--
       ``(A) enters into an agreement with a teacher or school 
     leader preparation academy that--
       ``(i) specifies the goals expected of the academy, which, 
     at a minimum, include the goals described in paragraph (4); 
     and
       ``(ii) does not reauthorize the academy if such goals are 
     not met; and
       ``(B) may be a nonprofit organization, a State educational 
     agency, or other public entity, or consortium of such 
     entities (including a consortium of State educational 
     agencies).
       ``(4) Teacher or school leader preparation academy.--The 
     term `teacher or school leader preparation academy' means a 
     public or private entity, or a nonprofit or for-profit 
     organization, which may be an institution of higher education 
     or an organization affiliated with an institution of higher 
     education, that will prepare teachers or school leaders to 
     serve in schools, and that--
       ``(A) enters into an agreement with a State authorizer that 
     specifies the goals expected of the academy, including--
       ``(i) a requirement that prospective teachers or school 
     leaders who are enrolled in a teacher or school leader 
     preparation academy receive a significant part of their 
     training through clinical preparation that partners the 
     prospective candidate with an effective teacher or school 
     leader, respectively, with a demonstrated record of 
     increasing student achievement, while also receiving 
     concurrent instruction from the academy in the content area 
     (or areas) in which the prospective teacher or school leader 
     will become certified or licensed;
       ``(ii) the number of effective teachers or school leaders, 
     respectively, who will demonstrate success in increasing 
     student achievement that the academy will produce; and
       ``(iii) a requirement that a teacher or school leader 
     preparation academy will only award a certificate of 
     completion after the graduate demonstrates that the graduate 
     is an effective teacher or school leader, respectively, with 
     a demonstrated record of increasing student achievement, 
     except that an academy may award a provisional certificate 
     for the period necessary to allow the graduate to demonstrate 
     such effectiveness;
       ``(B) does not have restrictions on the methods the academy 
     will use to train prospective teacher or school leader 
     candidates, including--

[[Page H4658]]

       ``(i) obligating (or prohibiting) the academy's faculty to 
     hold advanced degrees or conduct academic research;
       ``(ii) restrictions related to the academy's physical 
     infrastructure;
       ``(iii) restrictions related to the number of course 
     credits required as part of the program of study;
       ``(iv) restrictions related to the undergraduate coursework 
     completed by teachers teaching or working on alternative 
     certificates, licenses, or credentials, as long as such 
     teachers have successfully passed all relevant State-approved 
     content area examinations; or
       ``(v) restrictions related to obtaining accreditation from 
     an accrediting body for purposes of becoming an academy;
       ``(C) limits admission to its program to prospective 
     teacher or school leader candidates who demonstrate strong 
     potential to improve student achievement, based on a rigorous 
     selection process that reviews a candidate's prior academic 
     achievement or record of professional accomplishment; and
       ``(D) results in a certificate of completion that the State 
     may recognize as at least the equivalent of a master's degree 
     in education for the purposes of hiring, retention, 
     compensation, and promotion in the State.
       ``(5) Teacher residency program.--The term `teacher 
     residency program' means a school-based teacher preparation 
     program in which a prospective teacher--
       ``(A) for one academic year, teaches alongside an effective 
     teacher, as determined by a teacher evaluation system 
     implemented under part A, who is the teacher of record;
       ``(B) receives concurrent instruction during the year 
     described in subparagraph (A) from the partner institution 
     (as defined in section 200 of the Higher Education Act of 
     1965 (20 U.S.C. 1021)), which courses may be taught by local 
     educational agency personnel or residency program faculty, in 
     the teaching of the content area in which the teacher will 
     become certified or licensed; and
       ``(C) acquires effective teaching skills.''.
       (d) Part C.--Part C of title II (20 U.S.C. 6671 et seq.) is 
     amended--
       (1) by striking subparts 1 through 4;
       (2) by striking the heading relating to subpart 5;
       (3) by striking sections 2361 and 2368;
       (4) in section 2362, by striking ``principals'' and 
     inserting ``school leaders'';
       (5) in section 2363(6)(A), by striking ``principal'' and 
     inserting ``school leader'';
       (6) in section 2366(b), by striking ``ate law'' and 
     inserting ``(3) A State law'';
       (7) by redesignating section 2362 as section 2361;
       (8) by redesignating sections 2364 through 2367 as sections 
     2362 through 2365, respectively; and
       (9) by redesignating section 2363 as section 2366 and 
     transferring such section to appear after section 2365 (as so 
     redesignated).
       (e) Part D.--Part D of title II (20 U.S.C. 6751 et seq.) is 
     amended to read as follows:

                      ``PART D--GENERAL PROVISIONS

     ``SEC. 2401. INCLUSION OF CHARTER SCHOOLS.

       ``In this title, the term `local educational agency' 
     includes a charter school (as defined in section 5101) that, 
     in the absence of this section, would not have received funds 
     under this title.

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

       ``At the beginning of each school year, a local educational 
     agency that receives funds under this title shall notify the 
     parents of each student attending any school receiving funds 
     under this title that the parents may request, and the agency 
     will provide the parents on request (and in a timely manner), 
     information regarding the professional qualifications of the 
     student's classroom teachers.

     ``SEC. 2403. SUPPLEMENT, NOT SUPPLANT.

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

     SEC. 202. CONFORMING REPEALS.

       (a) Conforming Repeals.--Title II of the Higher Education 
     Act of 1965 (20 U.S.C. 1021 et seq.) is amended by repealing 
     sections 201 through 204.
       (b) Effective Date.--The repeals made by subsection (a) 
     shall take effect October 1, 2013.

          TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

     SEC. 301. PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY.

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

         ``TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

                     ``PART A--PARENTAL ENGAGEMENT

                  ``Subpart 1--Charter School Program

     ``SEC. 3101. PURPOSE.

       ``It is the purpose of this subpart to--
       ``(1) improve the United States education system and 
     educational opportunities for all Americans by supporting 
     innovation in public education in public school settings that 
     prepare students to compete and contribute to the global 
     economy;
       ``(2) provide financial assistance for the planning, 
     program design, and initial implementation of charter 
     schools;
       ``(3) expand the number of high-quality charter schools 
     available to students across the Nation;
       ``(4) evaluate the impact of such schools on student 
     achievement, families, and communities, and share best 
     practices between charter schools and other public schools;
       ``(5) encourage States to provide support to charter 
     schools for facilities financing in an amount more nearly 
     commensurate to the amount the States have typically provided 
     for traditional public schools;
       ``(6) improve student services to increase opportunities 
     for students with disabilities, English learners, and other 
     traditionally underserved students to attend charter schools 
     and meet challenging State academic achievement standards; 
     and
       ``(7) support efforts to strengthen the charter school 
     authorizing process to improve performance management, 
     including transparency, monitoring, and evaluation of such 
     schools.

     ``SEC. 3102. PROGRAM AUTHORIZED.

       ``(a) In General.--From the amounts appropriated under 
     section 3(c)(1)(A), the Secretary shall carry out a charter 
     school program under this subpart that supports charter 
     schools that serve elementary school and secondary school 
     students by--
       ``(1) supporting the startup, replication, and expansion of 
     charter schools;
       ``(2) assisting charter schools in accessing credit to 
     acquire and renovate facilities for school use; and
       ``(3) carrying out national activities to support--
       ``(A) charter school development;
       ``(B) the dissemination of best practices of charter 
     schools for all schools; and
       ``(C) the evaluation of the impact of the program on 
     schools participating in the program.
       ``(b) Funding Allotment.--From the amount made available 
     under section 3(c)(1)(A) for a fiscal year, the Secretary 
     shall--
       ``(1) reserve 15 percent to support charter school 
     facilities assistance under section 3104;
       ``(2) reserve not more than 5 percent to carry out national 
     activities under section 3105; and
       ``(3) use the remaining amount after the Secretary reserves 
     funds under paragraphs (1) and (2) to carry out section 3103.
       ``(c) Prior Grants and Subgrants.--The recipient of a grant 
     or subgrant under this subpart or subpart 2, as such subpart 
     was in effect on the day before the date of enactment of the 
     Student Success Act, shall continue to receive funds in 
     accordance with the terms and conditions of such grant or 
     subgrant.

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

       ``(a) In General.--From the amount reserved under section 
     3102(b)(3), the Secretary shall award grants to State 
     entities having applications approved pursuant to subsection 
     (f) to enable such entities to--
       ``(1) award subgrants to eligible applicants for--
       ``(A) opening new charter schools;
       ``(B) opening replicable, high-quality charter school 
     models; or
       ``(C) expanding high-quality charter schools; and
       ``(2) provide technical assistance to eligible applicants 
     and authorized public chartering agencies in carrying out the 
     activities described in paragraph (1) and work with 
     authorized public chartering agencies in the State to improve 
     authorizing quality.
       ``(b) State Uses of Funds.--
       ``(1) In general.--A State entity receiving a grant under 
     this section shall--
       ``(A) use 90 percent of the grant funds to award subgrants 
     to eligible applicants, in accordance with the quality 
     charter school program described in the entity's application 
     approved pursuant to subsection (f), for the purposes 
     described in subparagraphs (A) through (C) of subsection 
     (a)(1); and
       ``(B) reserve 10 percent of such funds to carry out the 
     activities described in subsection (a)(2), of which not more 
     than 30 percent may be used for administrative costs which 
     may include technical assistance.
       ``(2) Contracts and grants.--A State entity may use a grant 
     received under this section to carry out the activities 
     described in subparagraphs (A) and (B) of paragraph (1) 
     directly or through grants, contracts, or cooperative 
     agreements.
       ``(c) Program Periods; Peer Review; Grant Number and 
     Amount; Diversity of Projects; Waivers.--
       ``(1) Program periods.--
       ``(A) Grants.--A grant awarded by the Secretary to a State 
     entity under this section shall be for a period of not more 
     than 5 years.
       ``(B) Subgrants.--A subgrant awarded by a State entity 
     under this section shall be for a period of not more than 3 
     years, of which an eligible applicant may use not more than 
     18 months for planning and program design.
       ``(2) Peer review.--The Secretary, and each State entity 
     receiving a grant under this section, shall use a peer review 
     process to review applications for assistance under this 
     section.
       ``(3) Grant number and amount.--The Secretary shall ensure 
     that the number of grants awarded under this section and the 
     award amounts will allow for a sufficient number of new 
     grants to be awarded under this section for each succeeding 
     fiscal year.
       ``(4) Diversity of projects.--Each State entity receiving a 
     grant under this section shall award subgrants under this 
     section in a manner that, to the extent possible, ensures 
     that such subgrants--
       ``(A) are distributed throughout different areas, including 
     urban, suburban, and rural areas; and
       ``(B) will assist charter schools representing a variety of 
     educational approaches.
       ``(5) Waivers.--The Secretary may waive any statutory or 
     regulatory requirement without requiring the adoption of any 
     unrelated requirements over which the Secretary exercises 
     administrative authority except any such requirement relating 
     to the elements of a charter school described in section 
     5101(3), if--
       ``(A) the waiver is requested in an approved application 
     under this section; and
       ``(B) the Secretary determines that granting such a waiver 
     will promote the purpose of this subpart.
       ``(d) Limitations.--

[[Page H4659]]

       ``(1) Grants.--A State entity may not receive more than 1 
     grant under this section for a 5-year period.
       ``(2) Subgrants.--An eligible applicant may not receive 
     more than 1 subgrant under this section for an individual 
     charter school for a 3-year period.
       ``(e) Applications.--A State entity desiring to receive a 
     grant under this section shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require. The application shall include the following:
       ``(1) Description of program.--A description of the State 
     entity's objectives in running a quality charter school 
     program under this section and how the objectives of the 
     program will be carried out, including a description--
       ``(A) of how the entity--
       ``(i) will support both new charter school startup and the 
     expansion and replication of high-quality charter school 
     models;
       ``(ii) will inform eligible charter schools, developers, 
     and authorized public chartering agencies of the availability 
     of funds under the program;
       ``(iii) will work with eligible applicants to ensure that 
     the applicants access all Federal funds that they are 
     eligible to receive, and help the charter schools supported 
     by the applicants and the students attending the charter 
     schools--

       ``(I) participate in the Federal programs in which the 
     schools and students are eligible to participate; and
       ``(II) receive the commensurate share of Federal funds the 
     schools and students are eligible to receive under such 
     programs;

       ``(iv) in the case in which the entity is not a State 
     educational agency--

       ``(I) will work with the State educational agency and the 
     charter schools in the State to maximize charter school 
     participation in Federal and State programs for charter 
     schools; and
       ``(II) will work with the State educational agency to 
     adequately operate the entity's program under this section, 
     where applicable;

       ``(v) will ensure eligible applicants that receive a 
     subgrant under the entity's program are prepared to continue 
     to operate the charter schools receiving the subgrant funds 
     once the funds have expired;
       ``(vi) will support charter schools in local educational 
     agencies with large numbers of schools implementing 
     requirements under the State's school improvement system 
     under section 1111(b)(3)(B)(iii);
       ``(vii) will work with charter schools to promote inclusion 
     of all students and support all students once they are 
     enrolled to promote retention;
       ``(viii) will work with charter schools on recruitment 
     practices, including efforts to engage groups that may 
     otherwise have limited opportunities to participate in 
     charter schools;
       ``(ix) will share best and promising practices between 
     charter schools and other public schools, including, where 
     appropriate, instruction and professional development in 
     science, math, technology, and engineering education;
       ``(x) will ensure the charter schools receiving funds under 
     the entity's program can meet the educational needs of their 
     students, including students with disabilities and English 
     learners; and
       ``(xi) will support efforts to increase quality 
     initiatives, including meeting the quality authorizing 
     elements described in paragraph (2)(E);
       ``(B) of the extent to which the entity--
       ``(i) is able to meet and carry out the priorities listed 
     in subsection (f)(2); and
       ``(ii) is working to develop or strengthen a cohesive 
     statewide system to support the opening of new charter 
     schools and replicable, high-quality charter school models, 
     and the expansion of high-quality charter schools;
       ``(C) of how the entity will carry out the subgrant 
     competition, including--
       ``(i) a description of the application each eligible 
     applicant desiring to receive a subgrant will submit, 
     including--

       ``(I) a description of the roles and responsibilities of 
     eligible applicants, partner organizations, and management 
     organizations, including the administrative and contractual 
     roles and responsibilities;
       ``(II) a description of the quality controls agreed to 
     between the eligible applicant and the authorized public 
     chartering agency involved, such as a contract or performance 
     agreement, and how a school's performance in the State's 
     academic accountability system will be a primary factor for 
     renewal or revocation of the school's charter; and
       ``(III) a description of how the eligible applicant will 
     solicit and consider input from parents and other members of 
     the community on the implementation and operation of each 
     charter school receiving funds under the entity's program; 
     and

       ``(ii) a description of how the entity will review 
     applications;
       ``(D) in the case of an entity that partners with an 
     outside organization to carry out the entity's quality 
     charter school program, in whole or in part, of the roles and 
     responsibilities of this partner;
       ``(E) of how the entity will help the charter schools 
     receiving funds under the entity's program consider the 
     transportation needs of the schools' students; and
       ``(F) of how the entity will support diverse charter school 
     models, including models that serve rural communities.
       ``(2) Assurances.--Assurances, including a description of 
     how the assurances will be met, that--
       ``(A) each charter school receiving funds under the 
     entity's program will have a high degree of autonomy over 
     budget and operations, including personnel;
       ``(B) the entity will support charter schools in meeting 
     the educational needs of their students as described in 
     paragraph (1)(A)(x);
       ``(C) the entity will ensure that the authorized public 
     chartering agency of any charter school that receives funds 
     under the entity's program--
       ``(i) ensures that each charter school is meeting the 
     obligations under this Act, part B of the Individuals with 
     Disabilities Education Act, title VI of the Civil Rights Act 
     of 1964, section 504 of the Rehabilitation Act of 1973, the 
     Age Discrimination Act of 1975, and title IX of the Education 
     Amendments of 1972;
       ``(ii) adequately monitors and helps each charter school in 
     recruiting, enrolling, and meeting the needs of all students, 
     including students with disabilities and English learners; 
     and
       ``(iii) ensures that each charter school solicits and 
     considers input from parents and other members of the 
     community on the implementation and operation of the school;
       ``(D) the entity will provide adequate technical assistance 
     to eligible applicants to--
       ``(i) meet the objectives described in clauses (vii), 
     (viii), and (x) of paragraph (1)(A); and
       ``(ii) enroll traditionally underserved students, including 
     students with disabilities and English learners, to promote 
     an inclusive education environment;
       ``(E) the entity will promote quality authorizing, such as 
     through providing technical assistance, to support all 
     authorized public chartering agencies in the State to improve 
     the monitoring of their charter schools, including by--
       ``(i) assessing annual performance data of the schools, 
     including, as appropriate, graduation rates and student 
     growth; and
       ``(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;
       ``(F) the entity will work to ensure that charter schools 
     are included with the traditional public schools in decision-
     making about the public school system in the State; and
       ``(G) the entity will ensure that each charter school in 
     the State make publicly available, consistent with the 
     dissemination requirements of the annual State report card, 
     the information parents need to make informed decisions about 
     the education options available to their children, including 
     information on the educational program, student support 
     services, and annual performance and enrollment data for the 
     groups of students described in section 
     1111(b)(3)(B)(ii)(II).
       ``(3) Requests for waivers.--A request and justification 
     for waivers of any Federal statutory or regulatory provisions 
     that the entity believes are necessary for the successful 
     operation of the charter schools that will receive funds 
     under the entity's program under this section, and a 
     description of any State or local rules, generally applicable 
     to public schools, that will be waived, or otherwise not 
     apply to such schools.
       ``(f) Selection Criteria; Priority.--
       ``(1) Selection criteria.--The Secretary shall award grants 
     to State entities under this section on the basis of the 
     quality of the applications submitted under subsection (e), 
     after taking into consideration--
       ``(A) the degree of flexibility afforded by the State's 
     public charter school law and how the entity will work to 
     maximize the flexibility provided to charter schools under 
     the law;
       ``(B) the ambitiousness of the entity's objectives for the 
     quality charter school program carried out under this 
     section;
       ``(C) the quality of the strategy for assessing achievement 
     of those objectives;
       ``(D) the likelihood that the eligible applicants receiving 
     subgrants under the program will meet those objectives and 
     improve educational results for students;
       ``(E) the proposed number of new charter schools to be 
     opened, and the proposed number of high-quality charter 
     schools to be replicated or expanded under the program;
       ``(F) the entity's plan to--
       ``(i) adequately monitor the eligible applicants receiving 
     subgrants under the entity's program; and
       ``(ii) work with the authorized public chartering agencies 
     involved to avoid duplication of work for the charter schools 
     and authorized public chartering agencies;
       ``(G) the entity's plan to provide adequate technical 
     assistance, as described in the entity's application under 
     subsection (e), for the eligible applicants receiving 
     subgrants under the entity's program under this section;
       ``(H) the entity's plan to support quality authorizing 
     efforts in the State, consistent with the objectives 
     described in subparagraph (B); and
       ``(I) the entity's plan to solicit and consider input from 
     parents and other members of the community on the 
     implementation and operation of the charter schools in the 
     State.
       ``(2) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to State entities to the extent 
     that they meet the following criteria:
       ``(A) In the case of a State entity located in a State that 
     allows an entity other than a local educational agency to be 
     an authorized public chartering agency, the State has a 
     quality authorized public chartering agency that is an entity 
     other than a local educational agency.
       ``(B) The State entity is located in a State that does not 
     impose any limitation on the number or percentage of charter 
     schools that may exist or the number or percentage of 
     students that may attend charter schools in the State.
       ``(C) The State entity is located in a State that ensures 
     equitable financing, as compared to traditional public 
     schools, for charter schools and students in a prompt manner.
       ``(D) The State entity is located in a State that uses best 
     practices from charter schools to help improve struggling 
     schools and local educational agencies.
       ``(E) The State entity partners with an organization that 
     has a demonstrated record of success in developing management 
     organizations to

[[Page H4660]]

     support the development of charter schools in the State.
       ``(F) The State entity demonstrates quality policies and 
     practices to support and monitor charter schools through 
     factors including--
       ``(i) the proportion of high-quality charter schools in the 
     State; and
       ``(ii) the proportion of charter schools enrolling, at a 
     rate similar to traditional public schools, traditionally 
     underserved students, including students with disabilities 
     and English learners.
       ``(G) The State entity supports charter schools that 
     support at-risk students through activities such as dropout 
     prevention or dropout recovery.
       ``(H) The State entity authorizes all charter schools in 
     the State to serve as school food authorities.
       ``(g) Local Uses of Funds.--An eligible applicant receiving 
     a subgrant under this section shall use such funds to open 
     new charter schools, open replicable, high-quality charter 
     school models, or expand existing high-quality charter 
     schools.
       ``(h) Reporting Requirements.--Each State entity receiving 
     a grant under this section shall submit to the Secretary, at 
     the end of the third year of the 5-year grant period and at 
     the end of such grant period, a report on--
       ``(1) the number of students served under each subgrant 
     awarded under this section and, if applicable, how many new 
     students were served during each year of the subgrant period;
       ``(2) the number of subgrants awarded under this section to 
     carry out each of the following--
       ``(A) the opening of new charter schools;
       ``(B) the opening of replicable, high-quality charter 
     school models; and
       ``(C) the expansion of high-quality charter schools;
       ``(3) the progress the entity made toward meeting the 
     priorities described in subsection (f)(2), as applicable;
       ``(4) how the entity met the objectives of the quality 
     charter school program described in the entity's application 
     under subsection (e);
       ``(5) how the entity complied with, and ensured that 
     eligible applicants complied with, the assurances described 
     in the entity's application; and
       ``(6) how the entity worked with authorized public 
     chartering agencies and how such agencies worked with the 
     management company or leadership of the schools that received 
     subgrants under this section.
       ``(i) State Entity Defined.--For purposes of this section, 
     the term `State entity' means--
       ``(1) a State educational agency;
       ``(2) a State charter school board;
       ``(3) a Governor of a State; or
       ``(4) a charter support organization.

     ``SEC. 3104. FACILITIES FINANCING ASSISTANCE.

       ``(a) Grants to Eligible Entities.--
       ``(1) In general.--From the amount reserved under section 
     3102(b)(1), the Secretary shall award grants to eligible 
     entities that have the highest-quality applications approved 
     under subsection (d), after considering the diversity of such 
     applications, to demonstrate innovative methods of assisting 
     charter schools to address the cost of acquiring, 
     constructing, and renovating facilities by enhancing the 
     availability of loans or bond financing.
       ``(2) Eligible entity defined.--For purposes of this 
     section, the term `eligible entity' means--
       ``(A) a public entity, such as a State or local 
     governmental entity;
       ``(B) a private nonprofit entity; or
       ``(C) a consortium of entities described in subparagraphs 
     (A) and (B).
       ``(b) Grantee Selection.--The Secretary shall evaluate each 
     application submitted under subsection (d), and shall 
     determine whether the application is sufficient to merit 
     approval.
       ``(c) Grant Characteristics.--Grants under subsection (a) 
     shall be of a sufficient size, scope, and quality so as to 
     ensure an effective demonstration of an innovative means of 
     enhancing credit for the financing of charter school 
     acquisition, construction, or renovation.
       ``(d) Applications.--
       ``(1) In general.--To receive a grant under subsection (a), 
     an eligible entity shall submit to the Secretary an 
     application in such form as the Secretary may reasonably 
     require.
       ``(2) Contents.--An application submitted under paragraph 
     (1) shall contain--
       ``(A) a statement identifying the activities proposed to be 
     undertaken with funds received under subsection (a), 
     including how the eligible entity will determine which 
     charter schools will receive assistance, and how much and 
     what types of assistance charter schools will receive;
       ``(B) a description of the involvement of charter schools 
     in the application's development and the design of the 
     proposed activities;
       ``(C) a description of the eligible entity's expertise in 
     capital market financing;
       ``(D) a description of how the proposed activities will 
     leverage the maximum amount of private-sector financing 
     capital relative to the amount of Federal, State, or local 
     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 the 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 both of the following 
     objectives:
       ``(1) The acquisition (by purchase, lease, donation, or 
     otherwise) of an interest (including an interest held by a 
     third party for the benefit of a charter school) in improved 
     or unimproved real property that is necessary to commence or 
     continue the operation of a charter school.
       ``(2) The construction of new facilities, including 
     predevelopment costs, or the renovation, repair, or 
     alteration of existing facilities, necessary to commence or 
     continue the operation of a charter school.
       ``(f) Reserve Account.--
       ``(1) Use of funds.--To assist charter schools to 
     accomplish the objectives described in subsection (e), an 
     eligible entity receiving a grant under subsection (a) shall, 
     in accordance with State and local law, directly or 
     indirectly, alone or in collaboration with others, deposit 
     the funds received under subsection (a) (other than funds 
     used for administrative costs in accordance with subsection 
     (g)) in a reserve account established and maintained by the 
     eligible entity for this purpose. Amounts deposited in such 
     account shall be used by the eligible entity for one or more 
     of the following purposes:
       ``(A) Guaranteeing, insuring, and reinsuring bonds, notes, 
     evidences of debt, loans, and interests therein, the proceeds 
     of which are used for an objective described in subsection 
     (e).
       ``(B) Guaranteeing and insuring leases of personal and real 
     property for an objective described in subsection (e).
       ``(C) Facilitating financing by identifying potential 
     lending sources, encouraging private lending, and other 
     similar activities that directly promote lending to, or for 
     the benefit of, charter schools.
       ``(D) Facilitating the issuance of bonds by charter 
     schools, or by other public entities for the benefit of 
     charter schools, by providing technical, administrative, and 
     other appropriate assistance (including the recruitment of 
     bond counsel, underwriters, and potential investors and the 
     consolidation of multiple charter school projects within a 
     single bond issue).
       ``(2) Investment.--Funds received under 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 such paragraph.
       ``(g) Limitation on Administrative Costs.--An eligible 
     entity may use not more than 2.5 percent of the funds 
     received under subsection (a) for the administrative costs of 
     carrying out its responsibilities under this section 
     (excluding subsection (k)).
       ``(h) Audits and Reports.--
       ``(1) Financial record maintenance and audit.--The 
     financial records of each eligible entity receiving a grant 
     under subsection (a) shall be maintained in accordance with 
     generally accepted accounting principles and shall be subject 
     to an annual audit by an independent public accountant.
       ``(2) Reports.--
       ``(A) Grantee annual reports.--Each eligible entity 
     receiving a grant under subsection (a) annually shall submit 
     to the Secretary a report of its operations and activities 
     under this section.
       ``(B) Contents.--Each annual report submitted under 
     subparagraph (A) shall include--
       ``(i) a copy of the most recent financial statements, and 
     any accompanying opinion on such statements, prepared by the 
     independent public accountant reviewing the financial records 
     of the eligible entity;
       ``(ii) a copy of any report made on an audit of the 
     financial records of the eligible entity that was conducted 
     under paragraph (1) during the reporting period;
       ``(iii) an evaluation by the eligible entity of the 
     effectiveness of its use of the Federal funds provided under 
     subsection (a) in leveraging private funds;
       ``(iv) a listing and description of the charter schools 
     served during the reporting period, including the amount of 
     funds used by each school, the type of project facilitated by 
     the grant, and the type of assistance provided to the charter 
     schools;
       ``(v) a description of the activities carried out by the 
     eligible entity to assist charter schools in meeting the 
     objectives set forth in subsection (e); and
       ``(vi) a description of the characteristics of lenders and 
     other financial institutions participating in the activities 
     undertaken by the eligible entity under this section 
     (excluding subsection (k)) during the reporting period.
       ``(C) Secretarial report.--The Secretary shall review the 
     reports submitted under subparagraph (A) and shall provide a 
     comprehensive annual report to Congress on the activities 
     conducted under this section (excluding subsection (k)).
       ``(i) No Full Faith and Credit for Grantee Obligation.--No 
     financial obligation of an eligible entity entered into 
     pursuant to this section (such as an obligation under a 
     guarantee, bond, note, evidence of debt, or loan) shall be an 
     obligation of, or guaranteed in any respect by, the United 
     States. The full faith and credit of the United States is not 
     pledged to the payment of funds which may be required to be 
     paid under any obligation made by an eligible entity pursuant 
     to any provision of this section.
       ``(j) Recovery of Funds.--
       ``(1) In general.--The Secretary, in accordance with 
     chapter 37 of title 31, United States Code, shall collect--

[[Page H4661]]

       ``(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 
     subsection (f)(1).
       ``(2) Exercise of authority.--The Secretary shall not 
     exercise the authority provided in paragraph (1) to collect 
     from any eligible entity any funds that are being properly 
     used to achieve one or more of the purposes described in 
     subsection (f)(1).
       ``(3)  Procedures.--The provisions of sections 451, 452, 
     and 458 of the General Education Provisions Act (20 U.S.C. 
     1234, 1234a, 1234g) shall apply to the recovery of funds 
     under paragraph (1).
       ``(4) Construction.--This subsection shall not be construed 
     to impair or affect the authority of the Secretary to recover 
     funds under part D of the General Education Provisions Act 
     (20 U.S.C. 1234 et seq.).
       ``(k) Per-pupil Facilities Aid Program.--
       ``(1) Definition of per-pupil facilities aid program.--In 
     this subsection, the term `per-pupil facilities aid program' 
     means a program in which a State makes payments, on a per-
     pupil basis, to charter schools to provide the schools with 
     financing--
       ``(A) that is dedicated solely for funding charter school 
     facilities; or
       ``(B) a portion of which is dedicated for funding charter 
     school facilities.
       ``(2) Grants.--
       ``(A) In general.--From the amount reserved under section 
     3102(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 in the second such year;
       ``(iii) 60 percent in the third such year;
       ``(iv) 40 percent in the fourth such year; and
       ``(v) 20 percent in the fifth such year.
       ``(D) State share.--A State receiving a grant under this 
     subsection may partner with 1 or more organizations to 
     provide up to 50 percent of the State share of the cost of 
     establishing or enhancing, and administering the per-pupil 
     facilities aid program.
       ``(E) Multiple grants.--A State may receive more than 1 
     grant under this subsection, so long as the amount of such 
     funds provided to charter schools increases with each 
     successive grant.
       ``(3) Use of funds.--
       ``(A) In general.--A State that receives a grant under this 
     subsection shall use the funds made available through the 
     grant to establish or enhance, and administer, a per-pupil 
     facilities aid program for charter schools in the State of 
     the applicant.
       ``(B) Evaluations; technical assistance; dissemination.--
     From the amount made available to a State through a grant 
     under this subsection for a fiscal year, the State may 
     reserve not more than 5 percent to carry out evaluations, to 
     provide technical assistance, and to disseminate information.
       ``(C) Supplement, not supplant.--Funds made available under 
     this subsection shall be used to supplement, and not 
     supplant, State, and local public funds expended to provide 
     per pupil facilities aid programs, operations financing 
     programs, or other programs, for charter schools.
       ``(4) Requirements.--
       ``(A) Voluntary participation.--No State may be required to 
     participate in a program carried out under this subsection.
       ``(B) State law.--
       ``(i) In general.--Except as provided in clause (ii), to be 
     eligible to receive a grant under this subsection, a State 
     shall establish or enhance, and administer, a per-pupil 
     facilities aid program for charter schools in the State, 
     that--

       ``(I) is specified in State law; and
       ``(II) provides annual financing, on a per-pupil basis, for 
     charter school facilities.

       ``(ii) Special rule.--Notwithstanding clause (i), a State 
     that is required under State law to provide its charter 
     schools with access to adequate facility space, but which 
     does not have a per-pupil facilities aid program for charter 
     schools specified in State law, may be eligible to receive a 
     grant under this subsection if the State agrees to use the 
     funds to develop a per-pupil facilities aid program 
     consistent with the requirements of this subsection.
       ``(5) Applications.--To be eligible to receive a grant 
     under this subsection, a State shall submit an application to 
     the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require.

     ``SEC. 3105. NATIONAL ACTIVITIES.

       ``(a) In General.--From the amount reserved under section 
     3102(b)(2), the Secretary shall--
       ``(1) use not less than 50 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 3103, and eligible entities 
     and States receiving grants under section 3104;
       ``(B) disseminate best practices; and
       ``(C) evaluate the impact of the charter school program, 
     including the impact on student achievement, carried out 
     under this subpart.
       ``(b)  Grants.--
       ``(1) In general.--The Secretary shall make grants, on a 
     competitive basis, to eligible applicants for the purpose of 
     carrying out the activities described in section 3102(a)(1), 
     subparagraphs (A) through (C) of section 3103(a)(1), and 
     section 3103(g).
       ``(2) Terms and conditions.--Except as otherwise provided 
     in this subsection, grants awarded under this subsection 
     shall have the same terms and conditions as grants awarded to 
     State entities under section 3103.
       ``(3) Eligible applicant defined.--For purposes of this 
     subsection, the term `eligible applicant' means an eligible 
     applicant that desires to open a charter school in--
       ``(A) a State that did not apply for a grant under section 
     3103;
       ``(B) a State that did not receive a grant under section 
     3103; or
       ``(C) a State that received a grant under section 3103 and 
     is in the 4th or 5th year of the grant period for such grant.
       ``(c) Contracts and Grants.--The Secretary may carry out 
     any of the activities described in this section directly or 
     through grants, contracts, or cooperative agreements.

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

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

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

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

     ``SEC. 3108. RECORDS TRANSFER.

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

     ``SEC. 3109. PAPERWORK REDUCTION.

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

     ``SEC. 3110. DEFINITIONS.

       ``In this subpart:
       ``(1) Authorized public chartering agency.--The term 
     `authorized public chartering agency' means a State 
     educational agency, local educational agency, or other public 
     entity that has the authority pursuant to State law and 
     approved by the Secretary to authorize or approve a charter 
     school.
       ``(2) Charter support organization.--The term `charter 
     support organization' means a nonprofit, nongovernmental 
     entity that provides, on a statewide or regional basis--
       ``(A) assistance to developers during the planning, program 
     design, and initial implementation of a charter school; and
       ``(B) technical assistance to operate charter schools.
       ``(3) Developer.--The term `developer' means an individual 
     or group of individuals (including

[[Page H4662]]

     a public or private nonprofit organization), which may 
     include teachers, administrators and other school staff, 
     parents, or other members of the local community in which a 
     charter school project will be carried out.
       ``(4) Eligible applicant.--The term `eligible applicant' 
     means a developer that has--
       ``(A) applied to an authorized public chartering authority 
     to operate a charter school; and
       ``(B) provided adequate and timely notice to that 
     authority.
       ``(5) Expansion of a high-quality charter school.--The term 
     `expansion of a high-quality charter school' means to 
     significantly increase the enrollment of, or add one or more 
     grades to, a high-quality charter school.
       ``(6) High-quality charter school.--The term `high-quality 
     charter school' means a charter school that--
       ``(A) shows evidence of strong academic results, which may 
     include strong academic growth as determined by a State;
       ``(B) has no significant issues in the areas of student 
     safety, financial management, or statutory or regulatory 
     compliance;
       ``(C) has demonstrated success in significantly increasing 
     student academic achievement and attainment for all students 
     served by the charter school; and
       ``(D) has demonstrated success in increasing student 
     academic achievement for the groups of students described in 
     section 1111(b)(3)(B)(ii)(II), except that such demonstration 
     is not required in a case in which the number of students in 
     a group is insufficient to yield statistically reliable 
     information or the results would reveal personally 
     identifiable information about an individual student.
       ``(7) Replicable, high-quality charter school model.--The 
     term `replicable, high-quality charter school model' means a 
     high-quality charter school that has the capability of 
     opening another such charter school under an existing 
     charter.

                 ``Subpart 2--Magnet School Assistance

     ``SEC. 3121. PURPOSE.

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

     ``SEC. 3122. DEFINITION.

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

     ``SEC. 3123. PROGRAM AUTHORIZED.

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

     ``SEC. 3124. ELIGIBILITY.

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

     ``SEC. 3125. APPLICATIONS AND REQUIREMENTS.

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

     ``SEC. 3126. PRIORITY.

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

     ``SEC. 3127. USE OF FUNDS.

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

[[Page H4663]]

     student academic achievement based on the State's academic 
     standards or directly related to improving student reading 
     skills or knowledge of mathematics, science, history, 
     geography, English, foreign languages, art, or music, or to 
     improving career, technical, and professional skills.

     ``SEC. 3128. LIMITATIONS.

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

     ``SEC. 3129. EVALUATIONS.

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

     ``SEC. 3130. RESERVATION.

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

          ``Subpart 3--Family Engagement in Education Programs

     ``SEC. 3141. PURPOSES.

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

     ``SEC. 3142. GRANTS AUTHORIZED.

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

     ``SEC. 3143. APPLICATIONS.

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

     ``SEC. 3144. USES OF FUNDS.

       ``(a) In General.--Grantees shall use grant funds received 
     under this subpart, based on the needs determined under 
     section 3143(b)(5)(I), to provide training and technical 
     assistance to State educational agencies, local educational 
     agencies, and organizations that support family-school 
     partnerships, and activities, services, and training for 
     local educational agencies, school leaders, educators, and 
     parents--
       ``(1) to assist parents in participating effectively in 
     their children's education and to help their children meet 
     State standards, such as assisting parents--
       ``(A) to engage in activities that will improve student 
     academic achievement, including understanding how they can 
     support learning in the classroom with activities at home and 
     in afterschool and extracurricular programs;
       ``(B) to communicate effectively with their children, 
     teachers, school leaders, counselors, administrators, and 
     other school personnel;
       ``(C) to become active participants in the development, 
     implementation, and review of school-parent compacts, family 
     engagement in education policies, and school planning and 
     improvement;
       ``(D) to participate in the design and provision of 
     assistance to students who are not making academic progress;
       ``(E) to participate in State and local decisionmaking;
       ``(F) to train other parents; and
       ``(G) to help the parents learn and use technology applied 
     in their children's education;
       ``(2) to develop and implement, in partnership with the 
     State educational agency, statewide family engagement in 
     education policy and systemic initiatives that will provide 
     for a continuum of services to remove barriers for family

[[Page H4664]]

     engagement in education and support school reform efforts; 
     and
       ``(3) to develop and implement parental involvement 
     policies under this Act.
       ``(b) Matching Funds for Grant Renewal.--For each fiscal 
     year after the first fiscal year for which an organization or 
     consortium receives assistance under this section, the 
     organization or consortium shall demonstrate in the 
     application that a portion of the services provided by the 
     organization or consortium is supported through non-Federal 
     contributions, which may be in cash or in-kind.
       ``(c) Technical Assistance.--The Secretary shall reserve 
     not more than 2 percent of the funds appropriated under 
     section 3(c)(1)(C) to carry out this subpart to provide 
     technical assistance, by competitive grant or contract, for 
     the establishment, development, and coordination of Statewide 
     Family Engagement Centers.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to prohibit a Statewide Family Engagement Center 
     from--
       ``(1) having its employees or agents meet with a parent at 
     a site that is not on school grounds; or
       ``(2) working with another agency that serves children.
       ``(e) Parental Rights.--Notwithstanding any other provision 
     of this section--
       ``(1) no person (including a parent who educates a child at 
     home, a public school parent, or a private school parent) 
     shall be required to participate in any program of parent 
     education or developmental screening under this section; and
       ``(2) no program or center assisted under this section 
     shall take any action that infringes in any manner on the 
     right of a parent to direct the education of their children.

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

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

                ``PART B--LOCAL ACADEMIC FLEXIBLE GRANT

     ``SEC. 3201. PURPOSE.

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

     ``SEC. 3202. ALLOTMENTS TO STATES.

       ``(a) Reservations.--From the funds appropriated under 
     section 3(c)(2) for any fiscal year, the Secretary shall 
     reserve--
       ``(1) not more than one-half of 1 percent for national 
     activities to provide technical assistance to eligible 
     entities in carrying out programs under this part; and
       ``(2) not more than one-half of 1 percent for payments to 
     the outlying areas and the Bureau of Indian Education, to be 
     allotted in accordance with their respective needs for 
     assistance under this part, as determined by the Secretary, 
     to enable the outlying areas and the Bureau to carry out the 
     purpose of this part.
       ``(b) State Allotments.--
       ``(1) Determination.--From the funds appropriated under 
     section 3(c)(2) for any fiscal year and remaining after the 
     Secretary makes reservations under subsection (a), the 
     Secretary shall allot to each State for the fiscal year an 
     amount that bears the same relationship to the remainder as 
     the amount the State received under chapter B of subpart 1 of 
     part A of title I for the preceding fiscal year bears to the 
     amount all States received under that chapter for the 
     preceding fiscal year, except that no State shall receive 
     less than an amount equal to one-half of 1 percent of the 
     total amount made available to all States under this 
     subsection.
       ``(2) Reallotment of unused funds.--If a State does not 
     receive an allotment under this part for a fiscal year, the 
     Secretary shall reallot the amount of the State's allotment 
     to the remaining States in accordance with this section.
       ``(c) State Use of Funds.--
       ``(1) In general.--Each State that receives an allotment 
     under this part shall reserve not less than 75 percent of the 
     amount allotted to the State under subsection (b) for each 
     fiscal year for awards to eligible entities under section 
     3204.
       ``(2) Awards to nongovernmental entities to improve student 
     academic achievement.--Each State that receives an allotment 
     under subsection (b) for each fiscal year shall reserve not 
     less than 10 percent of the amount allotted to the State for 
     awards to nongovernmental entities under section 3205.
       ``(3) State activities and state administration.--A State 
     educational agency may reserve not more than 15 percent of 
     the amount allotted to the State under subsection (b) for 
     each fiscal year for the following:
       ``(A) Enabling the State educational agency--
       ``(i) to pay the costs of developing the State assessments 
     and standards required under section 1111(b), which may 
     include the costs of working, at the sole discretion of the 
     State, in voluntary partnerships with other States to develop 
     such assessments and standards; or
       ``(ii) if the State has developed the assessments and 
     standards required under section 1111(b), to administer those 
     assessments or carry out other activities related to ensuring 
     that the State's schools and local educational agencies are 
     helping students meet the State's academic standards under 
     such section.
       ``(B) The administrative costs of carrying out its 
     responsibilities under this part, except that not more than 5 
     percent of the reserved amount may be used for this purpose.
       ``(C) Monitoring and evaluation of programs and activities 
     assisted under this part.
       ``(D) Providing training and technical assistance under 
     this part.
       ``(E) Statewide academic focused programs.
       ``(F) Sharing evidence-based and other effective strategies 
     with eligible entities.

     ``SEC. 3203. STATE APPLICATION.

       ``(a) In General.--In order to receive an allotment under 
     section 3202 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 reserved for State-level activities, including how, if 
     any, of the funds will be used to support student safety;
       ``(3) describes the procedures and criteria the State 
     educational agency will use for reviewing applications and 
     awarding funds to eligible entities on a competitive basis, 
     which shall include reviewing how the proposed project will 
     help increase student academic achievement;
       ``(4) describes how the State educational agency will 
     ensure that awards made under this part are--
       ``(A) of sufficient size and scope to support high-quality, 
     effective programs that are consistent with the purpose of 
     this part; and
       ``(B) in amounts that are consistent with section 3204(f);
       ``(5) describes the steps the State educational agency will 
     take to ensure that programs implement effective strategies, 
     including providing ongoing technical assistance and 
     training, and dissemination of evidence-based and other 
     effective strategies;
       ``(6) describes how the State educational agency will 
     consider students across all grades when making these awards;
       ``(7) an assurance that, other than providing technical and 
     advisory assistance and monitoring compliance with this part, 
     the State educational agency has not exercised and will not 
     exercise any influence in the decision-making process of 
     eligible entities as to the expenditure of funds received by 
     the eligible entities under this part;
       ``(8) describes how programs under this part will be 
     coordinated with programs under this Act, and other programs 
     as appropriate;
       ``(9) contains an assurance that the State educational 
     agency--
       ``(A) will make awards for programs for a period of not 
     more than 5 years; and
       ``(B) will require each eligible entity seeking such an 
     award to submit a plan describing how the project to be 
     funded through the award will continue after funding under 
     this part ends, if applicable; and
       ``(10) contains an assurance that funds appropriated to 
     carry out this part will be used to supplement, and not 
     supplant, State and local public funds expended to provide 
     programs and activities authorized under this part and other 
     similar programs.
       ``(b) Deemed Approval.--An application submitted by a State 
     educational agency pursuant to subsection (a) shall be deemed 
     to be approved by the Secretary unless the Secretary makes a 
     written determination, prior to the expiration of the 120-day 
     period beginning on the date on which the Secretary received 
     the application, that the application is not in compliance 
     with this part.
       ``(c) Disapproval.--The Secretary shall not finally 
     disapprove the application, except after giving the State 
     educational agency notice and an opportunity for a hearing.
       ``(d) Notification.--If the Secretary finds that the 
     application is not in compliance, in whole or in part, with 
     this part, the Secretary shall--
       ``(1) give the State educational agency notice and an 
     opportunity for a hearing; and
       ``(2) notify the State educational agency of the finding of 
     noncompliance, and, in such notification, shall--
       ``(A) cite the specific provisions in the application that 
     are not in compliance; and
       ``(B) request additional information, only as to the 
     noncompliant provisions, needed to make the application 
     compliant.
       ``(e) Response.--If the State educational agency responds 
     to the Secretary's notification described in subsection 
     (d)(2) during the 45-day period beginning on the date on 
     which the agency received the notification, and resubmits the 
     application with the requested information described in 
     subsection (d)(2)(B), the Secretary shall approve or 
     disapprove such application prior to the later of--
       ``(1) the expiration of the 45-day period beginning on the 
     date on which the application is resubmitted; or
       ``(2) the expiration of the 120-day period described in 
     subsection (b).
       ``(f) Failure to Respond.--If the State educational agency 
     does not respond to the Secretary's notification described in 
     subsection (d)(2) during the 45-day period beginning on the 
     date on which the agency received the notification, such 
     application shall be deemed to be disapproved.
       ``(g) Rule of Construction.--An application submitted by a 
     State educational agency pursuant to subsection (a) shall not 
     be approved or disapproved based upon the activities for 
     which the agency may make funds available to eligible 
     entities under section 3204 if the agency's use of funds is 
     consistent with section 3204(b).

     ``SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM.

       ``(a) In General.--A State that receives funds under this 
     part for a fiscal year shall provide the amount made 
     available under section 3202(c)(1) to eligible entities in 
     accordance with this section.

[[Page H4665]]

       ``(b) Use of Funds.--
       ``(1) In general.--An eligible entity that receives an 
     award under this part shall use the funds for activities 
     that--
       ``(A) are evidence-based;
       ``(B) will improve student academic achievement;
       ``(C) are allowable under State law; and
       ``(D) focus on one or more projects from the following two 
     categories:
       ``(i) Supplemental student support activities such as 
     before, after, or summer school activities, tutoring, and 
     expanded learning time, but not including athletics or in-
     school learning activities.
       ``(ii) Activities designed to support students, such as 
     academic subject specific programs, adjunct teacher programs, 
     extended learning time programs, dual enrollment programs, 
     and parent engagement, but not including activities to--

       ``(I) support smaller class sizes or construction; or
       ``(II) provide compensation or benefits to teachers, school 
     leaders, other school officials, or local educational agency 
     staff.

       ``(2) Participation of children enrolled in private 
     schools.--An eligible entity that receives an award under 
     this part shall ensure compliance with section 5501 (relating 
     to participation of children enrolled in private schools).
       ``(c) Application.--
       ``(1) In general.--To be eligible to receive an award under 
     this part, an eligible entity shall submit an application to 
     the State educational agency at such time, in such manner, 
     and including such information as the State educational 
     agency may reasonably require, including the contents 
     required by paragraph (2).
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall include--
       ``(A) a description of the activities to be funded and how 
     they are consistent with subsection (b), including any 
     activities that will increase student safety;
       ``(B) an assurance that funds under this part will be used 
     to increase the level of State, local, and other non-Federal 
     funds that would, in the absence of funds under this part, be 
     made available for programs and activities authorized under 
     this part, and in no case supplant State, local, or non-
     Federal funds;
       ``(C) an assurance that the community will be given notice 
     of an intent to submit an application with an opportunity for 
     comment, and that the application will be available for 
     public review after submission of the application; and
       ``(D) an assurance that students who benefit from any 
     activity funded under this part shall continue to maintain 
     enrollment in a public elementary or secondary school.
       ``(d) Review.--In reviewing local applications under this 
     section, a State educational agency shall use a peer review 
     process or other methods of assuring the quality of such 
     applications but the review shall be limited to the 
     likelihood that the project will increase student academic 
     achievement.
       ``(e) Geographic Diversity.--A State educational agency 
     shall distribute funds under this part equitably among 
     geographic areas within the State, including rural, suburban, 
     and urban communities.
       ``(f) Award.--A grant shall be awarded to all eligible 
     entities that submit an application that meets the 
     requirements of this section in an amount that is not less 
     than $10,000, but there shall be only one award granted to 
     any one local educational agency, but such award may be for 
     multiple projects or programs with the local educational 
     agency.
       ``(g) Duration of Awards.--Grants under this part may be 
     awarded for a period of not more than 5 years.
       ``(h) Eligible Entity Defined.--In this section, the term 
     `eligible entity' means--
       ``(1) a local educational agency in partnership with a 
     community-based organization, business entity, or 
     nongovernmental entity;
       ``(2) a consortium of local educational agencies working in 
     partnership with a community-based organization, business 
     entity, or nongovernmental entity;
       ``(3) a community-based organization in partnership with a 
     local educational agency and, if applicable, a business 
     entity or nongovernmental entity; or
       ``(4) a business entity in partnership with a local 
     educational agency and, if applicable, a community-based 
     organization or nongovernmental entity.

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

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

     ``SEC. 3206. REPORT.

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

                          TITLE IV--IMPACT AID

     SEC. 401. PURPOSE.

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

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

       Section 8002 (20 U.S.C. 7702) is amended--
       (1) in subsection (b)(1)(B), by striking ``section 
     8014(a)'' and inserting ``section 3(d)(1)''; and
       (2) by amending subsection (f) to read as follows:
       ``(f) Special Rule.--Beginning with fiscal year 2014, a 
     local educational agency shall be deemed to meet the 
     requirements of subsection (a)(1)(C) if records to determine 
     eligibility under such subsection were destroyed prior to 
     fiscal year 2000 and the agency received funds under 
     subsection (b) in the previous year.'';
       (3) by amending subsection (g) to read as follows:
       ``(g) Former Districts.--
       ``(1) Consolidations.--For fiscal year 2006 and each 
     succeeding fiscal year, if a local educational agency 
     described in paragraph (2) is formed at any time after 1938 
     by the consolidation of two or more former school districts, 
     the local educational agency may elect to have the Secretary 
     determine its eligibility and any amount for which the local 
     educational agency is eligible under this section for such 
     fiscal year on the basis of one or more of those former 
     districts, as designated by the local educational agency.
       ``(2) Eligible local educational agencies.--A local 
     educational agency described in this paragraph is--
       ``(A) any local educational agency that, for fiscal year 
     1994 or any preceding fiscal year, applied for, and was 
     determined to be eligible under section 2(c) of the Act of 
     September 30, 1950 (Public Law 874, 81st Congress) as that 
     section was in effect for that fiscal year; or
       ``(B) a local educational agency formed by the 
     consolidation of 2 or more school districts, at least one of 
     which was eligible for assistance under this section for the 
     fiscal year preceding the year of the consolidation, if--
       ``(i) for fiscal years 2006 through 2013, the local 
     educational agency notifies the Secretary not later than 30 
     days after the date of enactment of the Student Success Act 
     of the designation described in paragraph (1); and
       ``(ii) for fiscal year 2014, and each subsequent fiscal 
     year, the local educational agency includes the designation 
     in its application under section 8005 or any timely amendment 
     to such application.
       ``(3) 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 fiscal year 2005, the Secretary may obligate funds 
     remaining after final payments have been made for any of such 
     fiscal years to carry out this subsection.'';
       (4) in subsection (h)--
       (A) in paragraph (2)--
       (i) in subparagraph (C)(ii), by striking ``section 
     8014(a)'' and inserting ``section 3(d)(1)''; and
       (ii) in subparagraph (D), by striking ``section 8014(a)'' 
     and inserting ``section 3(d)(1)''; and
       (B) in paragraph (4), by striking ``Impact Aid Improvement 
     Act of 2012'' and inserting ``Student Success Act'';
       (5) by repealing subsections (k) and (m);
       (6) by redesignating subsection (l) as subsection (j);
       (7) by amending subsection (j) (as so redesignated) by 
     striking ``(h)(4)(B)'' and inserting ``(h)(2)''; and

[[Page H4666]]

       (8) by redesignating subsection (n) as subsection (k).

     SEC. 403. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

       (a) Computation of Payment.--Section 8003(a) (20 U.S.C. 
     7703(a)) is amended--
       (1) in the matter preceding subparagraph (A) of paragraph 
     (1), by inserting after ``schools of such agency'' the 
     following: ``(including those children enrolled in such 
     agency as a result of the open enrollment policy of the State 
     in which the agency is located, but not including children 
     who are enrolled in a distance education program at such 
     agency and who are not residing within the geographic 
     boundaries of such agency)''; and
       (2) in paragraph (5)(A), by striking ``1984'' and all that 
     follows through ``situated'' and inserting ``1984, or under 
     lease of off-base property under subchapter IV of chapter 169 
     of title 10, United States Code, to be children described 
     under paragraph (1)(B) if the property described is within 
     the fenced security perimeter of the military facility or 
     attached to and under any type of force protection agreement 
     with the military installation upon which such housing is 
     situated''.
       (b) Basic Support Payments for Heavily Impacted Local 
     Educational Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is 
     amended--
       (1) by striking ``section 8014(b)'' each place it appears 
     and inserting ``section 3(d)(2)'';
       (2) in paragraph (1), by repealing subparagraph (E);
       (3) in paragraph (2)--
       (A) in subparagraph (A), by inserting at the end the 
     following:
       ``(iii) The Secretary shall--
       ``(I) deem each local educational agency that received a 
     basic support payment under this paragraph for fiscal year 
     2009 as eligible to receive a basic support payment under 
     this paragraph for each of fiscal years 2012, 2013, and 2014; 
     and
       ``(II) make a payment to each such local educational agency 
     under this paragraph for each of fiscal years 2012, 2013, and 
     2014.''; and
       (B) in subparagraph (B)--
       (i) by striking ``continuing'' in the heading;
       (ii) by amending clause (i) to read as follows:
       ``(i) In general.--A heavily impacted local educational 
     agency is eligible to receive a basic support payment under 
     subparagraph (A) with respect to a number of children 
     determined under subsection (a)(1) if the agency--

       ``(I) is a local educational agency--

       ``(aa) whose boundaries are the same as a Federal military 
     installation or an island property designated by the 
     Secretary of the Interior to be property that is held in 
     trust by the Federal Government; and
       ``(bb) that has no taxing authority;

       ``(II) is a local educational agency that--

       ``(aa) has an enrollment of children described in 
     subsection (a)(1) that constitutes a percentage of the total 
     student enrollment of the agency that is not less than 45 
     percent;
       ``(bb) has a per-pupil expenditure that is less than--
       ``(AA) for an agency that has a total student enrollment of 
     500 or more students, 125 percent of the average per-pupil 
     expenditure of the State in which the agency is located; or
       ``(BB) for any agency that has a total student enrollment 
     less than 500, 150 percent of the average per-pupil 
     expenditure of the State in which the agency is located or 
     the average per-pupil expenditure of 3 or more comparable 
     local educational agencies in the State in which the agency 
     is located; and
       ``(cc) is an agency that--
       ``(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 5,500 of such children are children 
     described in subparagraphs (A) and (B) of subsection (a)(1); 
     or

       ``(V) is a local educational agency that--

       ``(aa) has an enrollment of children described in 
     subsection (a)(1) including, for purposes of determining 
     eligibility, those children described in subparagraphs (F) 
     and (G) of such subsection, that is not less than 35 percent 
     of the total student enrollment of the agency; and
       ``(bb) was eligible to receive assistance under 
     subparagraph (A) for fiscal year 2001.''; and
       (iii) in clause (ii)--

       (I) by striking ``A heavily'' and inserting the following:
       ``(I) In general.--Subject to subclause (II), a heavily''; 
     and
       (II) by adding at the end the following:
       ``(II) Loss of eligibility due to falling below 95 percent 
     of the average tax rate for general fund purposes.--In a case 
     of a heavily impacted local educational agency that is 
     eligible to receive a basic support payment under 
     subparagraph (A), but that has had, for 2 consecutive fiscal 
     years, a tax rate for general fund purposes that falls below 
     95 percent of the average tax rate for general fund purposes 
     of comparable local educational agencies in the State, such 
     agency shall be determined to be ineligible under clause (i) 
     and ineligible to receive a basic support payment under 
     subparagraph (A) for each fiscal year succeeding such 2 
     consecutive fiscal years for which the agency has such a tax 
     rate for general fund purposes, and until the fiscal year for 
     which the agency resumes such eligibility in accordance with 
     clause (iii).'';

       (C) by striking subparagraph (C);
       (D) by redesignating subparagraphs (D) through (H) as 
     subparagraphs (C) through (G), respectively;
       (E) in subparagraph (C) (as so redesignated)--
       (i) in the heading, by striking ``regular'';
       (ii) by striking ``Except as provided in subparagraph (E)'' 
     and inserting ``Except as provided in subparagraph (D)'';
       (iii) by amending subclause (I) of clause (ii) to read as 
     follows: ``(I)(aa) For a local educational agency with 
     respect to which 35 percent or more of the total student 
     enrollment of the schools of the agency are children 
     described in subparagraph (D) or (E) (or a combination 
     thereof) of subsection (a)(1), and that has an enrollment of 
     children described in subparagraphs (A), (B), or (C) of such 
     subsection equal to at least 10 percent of the agency's total 
     enrollment, the Secretary shall calculate the weighted 
     student units of those children described in subparagraph (D) 
     or (E) of such subsection by multiplying the number of such 
     children by a factor of 0.55.
       ``(bb) Notwithstanding subitem (aa), a local educational 
     agency that received a payment under this paragraph for 
     fiscal year 2013 shall not be required to have an enrollment 
     of children described in subparagraphs (A), (B), or (C) of 
     subsection (a)(1) equal to at least 10 percent of the 
     agency's total enrollment.''; and
       (iv) by amending subclause (III) of clause (ii) by striking 
     ``(B)(i)(II)(aa)'' and inserting ``subparagraph (B)(i)(I)'';
       (F) in subparagraph (D)(i)(II) (as so redesignated), by 
     striking ``6,000'' and inserting ``5,500'';
       (G) in subparagraph (E) (as so redesignated)--
       (i) by striking ``Secretary'' and all that follows through 
     ``shall use'' and inserting ``Secretary shall use'';
       (ii) by striking ``; and'' and inserting a period; and
       (iii) by striking clause (ii);
       (H) in subparagraph (F) (as so redesignated), by striking 
     ``subparagraph (C)(i)(II)(bb)'' and inserting ``subparagraph 
     (B)(i)(II)(bb)(BB)'';
       (I) in subparagraph (G) (as so redesignated)--
       (i) in clause (i)--

       (I) by striking ``subparagraph (B), (C), (D), or (E)'' and 
     inserting ``subparagraph (B), (C), or (D)'';
       (II) by striking ``by reason of'' and inserting ``due to'';
       (III) by inserting after ``clause (iii)'' the following ``, 
     or as the direct result of base realignment and closure or 
     modularization as determined by the Secretary of Defense and 
     force structure change or force relocation''; and
       (IV) by inserting before the period, the following: ``or 
     during such time as activities associated with base closure 
     and realignment, modularization, force structure change, or 
     force relocation are ongoing''; and

       (ii) in clause (ii), by striking ``(D) or (E)'' each place 
     it appears and inserting ``(C) or (D)'';
       (4) in paragraph (3)--
       (A) in subparagraph (B)--
       (i) by amending clause (iii) to read as follows:
       ``(iii) In the case of a local educational agency providing 
     a free public education to students enrolled in kindergarten 
     through grade 12, but which enrolls students described in 
     subparagraphs (A), (B), and (D) of subsection (a)(1) only in 
     grades 9 through 12, and which received a final payment in 
     fiscal year 2009 calculated under this paragraph (as this 
     paragraph was in effect on the day before the date of 
     enactment of the Student Success Act) for students in grades 
     9 through 12, the Secretary shall, in calculating the 
     agency's payment, consider only that portion of such agency's 
     total enrollment of students in grades 9 through 12 when 
     calculating the percentage under clause (i)(I) and only that 
     portion of the total current expenditures attributed to the 
     operation of grades 9 through 12 in such agency when 
     calculating the percentage under clause (i)(II).''; and
       (ii) by adding at the end the following:
       ``(v) In the case of a local educational agency that is 
     providing a program of distance education to children not 
     residing within the geographic boundaries of the agency, the 
     Secretary shall--
       ``(I) for purposes of the calculation under clause (i)(I), 
     disregard such children from the total number of children in 
     average daily attendance at the schools served by such 
     agency; and
       ``(II) for purposes of the calculation under clause 
     (i)(II), disregard any funds received for such children from 
     the total current expenditures for such agency.'';
       (B) in subparagraph (C), by striking ``subparagraph (D) or 
     (E) of paragraph (2), as the case may be'' and inserting 
     ``paragraph (2)(D)''; and
       (C) by amending subparagraph (D) to read as follows:
       ``(D) Ratable distribution.--For any fiscal year described 
     in subparagraph (A) for which the sums available exceed the 
     amount required to pay each local educational agency 100 
     percent of its threshold payment, the Secretary

[[Page H4667]]

     shall distribute the excess sums to each eligible local 
     educational agency that has not received its full amount 
     computed under paragraph (1) or (2) (as the case may be) by 
     multiplying--
       ``(i) a percentage, the denominator of which is the 
     difference between the full amount computed under paragraph 
     (1) or (2) (as the case may be) for all local educational 
     agencies and the amount of the threshold payment (as 
     calculated under subparagraphs (B) and (C)) of all local 
     educational agencies, and the numerator of which is the 
     aggregate of the excess sums, by
       ``(ii) the difference between the full amount computed 
     under paragraph (1) or (2) (as the case may be) for the 
     agency and the amount of the threshold payment as calculated 
     under subparagraphs (B) and (C) of the agency.''; and
       (D) by inserting at the end the following new 
     subparagraphs:
       ``(E) Insufficient payments.--For each fiscal year 
     described in subparagraph (A) for which the sums appropriated 
     under section 3(d)(2) are insufficient to pay each local 
     educational agency all of the local educational agency's 
     threshold payment described in subparagraph (D), the 
     Secretary shall ratably reduce the payment to each local 
     educational agency under this paragraph.
       ``(F) Increases.--If the sums appropriated under section 
     3(d)(2) are sufficient to increase the threshold payment 
     above the 100 percent threshold payment described in 
     subparagraph (D), then the Secretary shall increase payments 
     on the same basis as such payments were reduced, except no 
     local educational agency may receive a payment amount greater 
     than 100 percent of the maximum payment calculated under this 
     subsection.''; and
       (5) in paragraph (4)--
       (A) in subparagraph (A), by striking ``through (D)'' and 
     inserting ``and (C)''; and
       (B) in subparagraph (B), by striking ``subparagraph (D) or 
     (E)'' and inserting ``subparagraph (C) or (D)''.
       (c) Prior Year Data.--Paragraph (2) of section 8003(c) (20 
     U.S.C. 7703(c)) is amended to read as follows:
       ``(2) Exception.--Calculation of payments for a local 
     educational agency shall be based on data from the fiscal 
     year for which the agency is making an application for 
     payment if such agency--
       ``(A) is newly established by a State, for the first year 
     of operation of such agency only;
       ``(B) was eligible to receive a payment under this section 
     for the previous fiscal year and has had an overall increase 
     in enrollment (as determined by the Secretary in consultation 
     with the Secretary of Defense, the Secretary of 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) subparagraph (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.''.
       (d) Children With Disabilities.--Section 8003(d)(1) (20 
     U.S.C. 7703(d)) is amended by striking ``section 8014(c)'' 
     and inserting ``section 3(d)(3)''.
       (e) Hold-harmless.--Section 8003(e) (20 U.S.C. 7703(e)) is 
     amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) In general.--Subject to paragraph (2), the total 
     amount the Secretary shall pay a local educational agency 
     under subsection (b)--
       ``(A) for fiscal year 2014, shall not be less than 90 
     percent of the total amount that the local educational agency 
     received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) 
     for fiscal year 2013;
       ``(B) for fiscal year 2015, shall not be less than 85 
     percent of the total amount that the local educational agency 
     received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) 
     for fiscal year 2013; and
       ``(C) for fiscal year 2016, shall not be less than 80 
     percent of the total amount that the local educational agency 
     received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) 
     for fiscal year 2013.''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) Maximum amount.--The total amount provided to a local 
     educational agency under subparagraph (A), (B), or (C) of 
     paragraph (1) for a fiscal year shall not exceed the maximum 
     basic support payment amount for such agency determined under 
     paragraph (1) or (2) of subsection (b), as the case may be, 
     for such fiscal year.''.
       (f) Maintenance of Effort.--Section 8003 (20 U.S.C. 7703) 
     is amended by striking subsection (g).

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

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

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

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

     SEC. 406. CONSTRUCTION.

       Section 8007 (20 U.S.C. 7707) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``section 8014(e)'' and 
     inserting ``section 3(d)(4)'';
       (B) in paragraph (2), by adding at the end the following:
       ``(C) The agency is eligible under section 4003(b)(2) or is 
     receiving basic support payments under circumstances 
     described in section 4003(b)(2)(B)(ii).''; and
       (C) in paragraph (3), by striking ``section 8014(e)'' each 
     place it appears and inserting ``section 3(d)(4)''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``section 8014(e)'' and 
     inserting ``section 3(d)(4)'';
       (B) in paragraph (3)--
       (i) in subparagraph (C)(i)(I), by adding at the end the 
     following:

       ``(cc) At least 10 percent of the property in the agency is 
     exempt from State and local taxation under Federal law.''; 
     and

       (ii) by adding at the end the following:
       ``(F) Limitations on eligibility requirements.--The 
     Secretary shall not limit eligibility--
       ``(i) under subparagraph (C)(i)(I)(aa), to those local 
     educational agencies in which the number of children 
     determined under section 8003(a)(1)(C) for each such agency 
     for the preceding school year constituted more than 40 
     percent of the total student enrollment in the schools of 
     each such agency during the preceding school year; and
       ``(ii) under subparagraph (C)(i)(I)(cc), to those local 
     educational agencies in which more than 10 percent of the 
     property in each such agency is exempt from State and local 
     taxation under Federal law.'';
       (C) in paragraph (6)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``in such manner, and accompanied by such information'' and 
     inserting ``and in such manner''; and
       (ii) by striking subparagraph (F); and
       (D) by striking paragraph (7).

     SEC. 407. FACILITIES.

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

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

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

     SEC. 409. FEDERAL ADMINISTRATION.

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

     SEC. 410. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

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

     SEC. 411. DEFINITIONS.

       Section 8013 (20 U.S.C. 7713) is amended--
       (1) in paragraph (1), by striking ``and Marine Corps'' and 
     inserting ``Marine Corps, and Coast Guard'';
       (2) in paragraph (4), by striking ``and title VI'';
       (3) in paragraph (5)(A)(iii)--
       (A) in subclause (II), by striking ``Stewart B. McKinney 
     Homeless Assistance Act'' and inserting ``McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11411)''; and
       (B) in subclause (III), by inserting before the semicolon, 
     ``(25 U.S.C. 4101 et seq.)'';
       (4) in paragraph (8)(A), by striking ``and verified by'' 
     and inserting ``, and verified by,''; and
       (5) in paragraph (9)(B), by inserting a comma before ``on a 
     case-by-case basis''.

     SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 413. CONFORMING AMENDMENTS.

       (a) Impact Aid Improvement Act of 2012.--Subsection (c) of 
     the Impact Aid Improvement Act of 2012 (20 U.S.C. 6301 note; 
     Public Law 112-239; 126 Stat 1748) is amended--
       (1) by striking paragraphs (1) and (4); and
       (2) by redesignating paragraphs (2) and (3), as paragraphs 
     (1) and (2), respectively.
       (b) Repeal.--Title IV (20 U.S.C. 7101 et seq.), as amended 
     by section 501(b)(2) of this Act, is repealed.
       (c) Transfer and Redesignation.--Title VIII (20 U.S.C. 7701 
     et seq.), as amended by this title, is redesignated as title 
     IV (20 U.S.C. 7101 et seq.), and transferred and inserted 
     after title III (as amended by this Act).
       (d) Title VIII References.--The Act (20 U.S.C. 6301 et 
     seq.) is amended--
       (1) by redesignating sections 8001 through 8005 as sections 
     4001 through 4005, respectively;
       (2) by redesignating sections 8007 through 8013 as sections 
     4007 through 4013, respectively;
       (3) by striking ``section 8002'' each place it appears and 
     inserting ``section 4002'';
       (4) by striking ``section 8002(b)'' each place it appears 
     and inserting ``section 4002(b)'';
       (5) by striking ``section 8003'' each place it appears and 
     inserting ``section 4003'', respectively;
       (6) by striking ``section 8003(a)'' each place it appears 
     and inserting ``section 4003(a)'';
       (7) by striking ``section 8003(a)(1)'' each place it 
     appears and inserting ``section 4003(a)(1)'';
       (8) by striking ``section 8003(a)(1)(C)'' each place it 
     appears and inserting ``section 4003(a)(1)(C)'';
       (9) by striking ``section 8002(a)(2)'' each place it 
     appears and inserting ``section 4002(a)(2)'';
       (10) by striking ``section 8003(b)'' each place it appears 
     and inserting ``section 4003(b)'';

[[Page H4668]]

       (11) by striking ``section 8003(b)(1)'' each place it 
     appears and inserting ``section 4003(b)(1)'';
       (12) in section 4002(b)(1)(C) (as so redesignated), by 
     striking ``section 8003(b)(1)(C)'' and inserting ``section 
     4003(b)(1)(C)'';
       (13) in section 4002(k)(1) (as so redesignated), by 
     striking ``section 8013(5)(C)(iii)'' and inserting ``section 
     4013(5)(C)(iii)'';
       (14) in section 4005 (as so redesignated)--
       (A) in the section heading, by striking ``8002 AND 8003'' 
     and inserting ``4002 AND 4003'';
       (B) by striking ``or 8003'' each place it appears and 
     inserting ``or 4003'';
       (C) in subsection (b)(2), by striking ``section 8004'' and 
     inserting ``section 4004''; and
       (D) in subsection (d)(2), by striking ``section 8003(e)'' 
     and inserting ``section 4003(e)'';
       (15) in section 4007(a)(3)(A)(i)(II) (as so redesignated), 
     by striking ``section 8008(a)'' and inserting ``section 
     4008(a)'';
       (16) in section 4007(a)(4) (as so redesignated), by 
     striking ``section 8013(3)'' and inserting ``section 
     4013(3)''; and
       (17) in section 4009 (as so redesignated)--
       (A) in subsection (b)(1)--
       (i) by striking ``or 8003(b)'' and inserting ``or 
     4003(b)'';
       (ii) by striking ``section 8003(a)(2)(B)'' and inserting 
     ``section 4003(a)(2)(B)''; and
       (iii) by striking ``section 8003(b)(2)'' each place it 
     appears and inserting ``section 4003(b)(2)'';
       (B) by striking ``section 8011(a)'' each place it appears 
     and inserting ``section 4011(a)''; and
       (18) in section 4010(c)(2)(D) (as so redesignated) by 
     striking ``section 8009(b)'' and inserting ``section 
     4009(b)''.

                TITLE V--GENERAL PROVISIONS FOR THE ACT

     SEC. 501. GENERAL PROVISIONS FOR THE ACT.

       (a) Amending Title V.--Title V (20 U.S.C. 7201 et seq.) is 
     amended to read as follows:

                     ``TITLE V--GENERAL PROVISIONS

                         ``PART A--DEFINITIONS

     ``SEC. 5101. DEFINITIONS.

       ``Except as otherwise provided, in this Act:
       ``(1) Average daily attendance.--
       ``(A) In general.--Except as provided otherwise by State 
     law or this paragraph, the term `average daily attendance' 
     means--
       ``(i) the aggregate number of days of attendance of all 
     students during a school year; divided by
       ``(ii) the number of days school is in session during that 
     year.
       ``(B) Conversion.--The Secretary shall permit the 
     conversion of average daily membership (or other similar 
     data) to average daily attendance for local educational 
     agencies in States that provide State aid to local 
     educational agencies on the basis of average daily membership 
     (or other similar data).
       ``(C) Special rule.--If the local educational agency in 
     which a child resides makes a tuition or other payment for 
     the free public education of the child in a school located in 
     another school district, the Secretary shall, for the purpose 
     of this Act--
       ``(i) consider the child to be in attendance at a school of 
     the agency making the payment; and
       ``(ii) not consider the child to be in attendance at a 
     school of the agency receiving the payment.
       ``(D) Children with disabilities.--If a local educational 
     agency makes a tuition payment to a private school or to a 
     public school of another local educational agency for a child 
     with a disability, as defined in section 602 of the 
     Individuals with Disabilities Education Act, the Secretary 
     shall, for the purpose of this Act, consider the child to be 
     in attendance at a school of the agency making the payment.
       ``(2) Average per-pupil expenditure.--The term `average 
     per-pupil expenditure' means, in the case of a State or of 
     the United States--
       ``(A) without regard to the source of funds--
       ``(i) the aggregate current expenditures, during the third 
     fiscal year preceding the fiscal year for which the 
     determination is made (or, if satisfactory data for that year 
     are not available, during the most recent preceding fiscal 
     year for which satisfactory data are available) of all local 
     educational agencies in the State or, in the case of the 
     United States, for all States (which, for the purpose of this 
     paragraph, means the 50 States and the District of Columbia); 
     plus
       ``(ii) any direct current expenditures by the State for the 
     operation of those agencies; divided by
       ``(B) the aggregate number of children in average daily 
     attendance to whom those agencies provided free public 
     education during that preceding year.
       ``(3) Charter school.--The term `charter school' means a 
     public school that--
       ``(A) in accordance with a specific State statute 
     authorizing the granting of charters to schools, is exempt 
     from significant State or local rules that inhibit the 
     flexible operation and management of public schools, but not 
     from any rules relating to the other requirements of this 
     paragraph;
       ``(B) is created by a developer as a public school, or is 
     adapted by a developer from an existing public school, and is 
     operated under public supervision and direction;
       ``(C) operates in pursuit of a specific set of educational 
     objectives determined by the school's developer and agreed to 
     by the authorized public chartering agency;
       ``(D) provides a program of elementary or secondary 
     education, or both;
       ``(E) is nonsectarian in its programs, admissions policies, 
     employment practices, and all other operations, and is not 
     affiliated with a sectarian school or religious institution;
       ``(F) does not charge tuition;
       ``(G) complies with the Age Discrimination Act of 1975, 
     title VI of the Civil Rights Act of 1964, title IX of the 
     Education Amendments of 1972, section 504 of the 
     Rehabilitation Act of 1973, and part B of the Individuals 
     with Disabilities Education Act;
       ``(H) is a school to which parents choose to send their 
     children, and that admits students on the basis of a lottery, 
     if more students apply for admission than can be 
     accommodated;
       ``(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 requirements are 
     specifically waived for the purpose of this program;
       ``(J) meets all applicable Federal, State, and local health 
     and safety requirements;
       ``(K) operates in accordance with State law;
       ``(L) has a written performance contract with the 
     authorized public chartering agency in the State that 
     includes a description of how student performance will be 
     measured in charter schools pursuant to State assessments 
     that are required of other schools and pursuant to any other 
     assessments mutually agreeable to the authorized public 
     chartering agency and the charter school; and
       ``(M) may serve prekindergarten or post secondary students.
       ``(4) Child.--The term `child' means any person within the 
     age limits for which the State provides free public 
     education.
       ``(5) Child with a disability.--The term `child with a 
     disability' has the same meaning given that term in section 
     602 of the Individuals with Disabilities Education Act.
       ``(6) Community-based organization.--The term `community-
     based organization' means a public or private nonprofit 
     organization of demonstrated effectiveness that--
       ``(A) is representative of a community or significant 
     segments of a community; and
       ``(B) provides educational or related services to 
     individuals in the community.
       ``(7) Consolidated local application.--The term 
     `consolidated local application' means an application 
     submitted by a local educational agency pursuant to section 
     5305.
       ``(8) Consolidated local plan.--The term `consolidated 
     local plan' means a plan submitted by a local educational 
     agency pursuant to section 5305.
       ``(9) Consolidated state application.--The term 
     `consolidated State application' means an application 
     submitted by a State educational agency pursuant to section 
     5302.
       ``(10) Consolidated state plan.--The term `consolidated 
     State plan' means a plan submitted by a State educational 
     agency pursuant to section 5302.
       ``(11) Core academic subjects.--The term `core academic 
     subjects' means English, reading or language arts, 
     mathematics, science, foreign languages, civics and 
     government, economics, arts, history, and geography.
       ``(12) County.--The term `county' means one of the 
     divisions of a State used by the Secretary of Commerce in 
     compiling and reporting data regarding counties.
       ``(13) Covered program.--The term `covered program' means 
     each of the programs authorized by--
       ``(A) part A of title I;
       ``(B) title II; and
       ``(C) title III.
       ``(14) Current expenditures.--The term `current 
     expenditures' means expenditures for free public education--
       ``(A) including expenditures for administration, 
     instruction, attendance and health services, pupil 
     transportation services, operation and maintenance of plant, 
     fixed charges, and net expenditures to cover deficits for 
     food services and student body activities; but
       ``(B) not including expenditures for community services, 
     capital outlay, and debt service, or any expenditures made 
     from funds received under title I.
       ``(15) Department.--The term `Department' means the 
     Department of Education.
       ``(16) Direct student services.--The term `direct student 
     services' means public school choice or high-quality academic 
     tutoring that are designed to help increase academic 
     achievement for students.
       ``(17) Distance education.--The term `distance education' 
     means the use of one or more technologies to deliver 
     instruction to students who are separated from the instructor 
     and to support regular and substantive interaction between 
     the students and the instructor synchronously or 
     nonsynchronously.
       ``(18) Educational service agency.--The term `educational 
     service agency' means a regional public multiservice agency 
     authorized by State statute to develop, manage, and provide 
     services or programs to local educational agencies.
       ``(19) Elementary school.--The term `elementary school' 
     means a nonprofit institutional day or residential school, 
     including a public elementary charter school, that provides 
     elementary education, as determined under State law.
       ``(20) English learner.--The term `English learner', when 
     used with respect to an individual, means an individual--
       ``(A) who is aged 3 through 21;
       ``(B) who is enrolled or preparing to enroll in an 
     elementary school or secondary school;
       ``(C)(i) who was not born in the United States or whose 
     native language is a language other than English;
       ``(ii)(I) who is a Native American or Alaska Native, or a 
     native resident of the outlying areas; and
       ``(II) who comes from an environment where a language other 
     than English has had a significant impact on the individual's 
     level of English language proficiency; or
       ``(iii) who is migratory, whose native language is a 
     language other than English, and who comes from an 
     environment where a language other than English is dominant; 
     and
       ``(D) whose difficulties in speaking, reading, writing, or 
     understanding the English language may be sufficient to deny 
     the individual--
       ``(i) the ability to meet the State's academic standards 
     described in section 1111;

[[Page H4669]]

       ``(ii) the ability to successfully achieve in classrooms 
     where the language of instruction is English; or
       ``(iii) the opportunity to participate fully in society.
       ``(21) Extended-year adjusted cohort graduation rate.--
       ``(A) In general.--The term `extended-year adjusted cohort 
     graduation rate' means the ratio where--
       ``(i) the denominator consists of the number of students 
     who form the original cohort of entering first-time 9th grade 
     students enrolled in the high school no later than the 
     effective date for student membership data submitted annually 
     by State educational agencies to the National Center for 
     Education Statistics under section 153 of the Education 
     Sciences Reform Act, adjusted by--

       ``(I) adding the students who joined that cohort, after the 
     time of the determination of the original cohort; and
       ``(II) subtracting only those students who left that 
     cohort, after the time of the determination of the original 
     cohort, as described in subparagraph (B); and

       ``(ii) the numerator consists of the number of students in 
     the cohort, as adjusted under clause (i), who earned a 
     regular high school diploma before, during, or at the 
     conclusion of--

       ``(I) one or more additional years beyond the fourth year 
     of high school; or
       ``(II) a summer session immediately following the 
     additional year of high school.

       ``(B) Cohort removal.--To remove a student from a cohort, a 
     school or local educational agency shall require 
     documentation to confirm that the student has transferred 
     out, emigrated to another country, transferred to a prison or 
     juvenile facility, or is deceased.
       ``(C) Transferred out.--
       ``(i) In general.--For purposes of this paragraph, the term 
     `transferred out' means a student who the high school or 
     local educational agency has confirmed, according to clause 
     (ii), has transferred--

       ``(I) to another school from which the student is expected 
     to receive a regular high school diploma; or
       ``(II) to another educational program from which the 
     student is expected to receive a regular high school diploma.

       ``(ii) Confirmation requirements.--

       ``(I) Documentation required.--The confirmation of a 
     student's transfer to another school or educational program 
     described in clause (i) requires documentation from the 
     receiving school or program that the student enrolled in the 
     receiving school or program.
       ``(II) Lack of confirmation.--A student who was enrolled, 
     but for whom there is no confirmation of the student having 
     transferred out, shall remain in the denominator of the 
     extended-year adjusted cohort.

       ``(iii) Programs not providing credit.--A student who is 
     retained in grade or who is enrolled in a GED or other 
     alternative educational program that does not issue or 
     provide credit toward the issuance of a regular high school 
     diploma shall not be considered transferred out and shall 
     remain in the extended-year adjusted cohort.
       ``(D) Special rule.--For those high schools that start 
     after grade 9, the original cohort shall be calculated for 
     the earliest high school grade students attend no later than 
     the effective date for student membership data submitted 
     annually by State educational agencies to the National Center 
     for Education Statistics pursuant to section 153 of the 
     Education Sciences Reform Act.
       ``(22) Family literacy services.--The term `family literacy 
     services' means services provided to participants on a 
     voluntary basis that are of sufficient intensity in terms of 
     hours, and of sufficient duration, to make sustainable 
     changes in a family, and that integrate all of the following 
     activities:
       ``(A) Interactive literacy activities between parents and 
     their children.
       ``(B) Training for parents regarding how to be the primary 
     teacher for their children and full partners in the education 
     of their children.
       ``(C) Parent literacy training that leads to economic self-
     sufficiency.
       ``(D) An age-appropriate education to prepare children for 
     success in school and life experiences.
       ``(23) Four-year adjusted cohort graduation rate.--
       ``(A) In general.--The term `four-year adjusted cohort 
     graduation rate' means the ratio where--
       ``(i) the denominator consists of the number of students 
     who form the original cohort of entering first-time 9th grade 
     students enrolled in the high school no later than the 
     effective date for student membership data submitted annually 
     by State educational agencies to the National Center for 
     Education Statistics pursuant to section 153 of the Education 
     Sciences Reform Act, adjusted by--

       ``(I) adding the students who joined that cohort, after the 
     time of the determination of the original cohort; and
       ``(II) subtracting only those students who left that 
     cohort, after the time of the determination of the original 
     cohort, as described in subparagraph (B); and

       ``(ii) the numerator consists of the number of students in 
     the cohort, as adjusted under clause (i), who earned a 
     regular high school diploma before, during, or at the 
     conclusion of--

       ``(I) the fourth year of high school; or
       ``(II) a summer session immediately following the fourth 
     year of high school.

       ``(B) Cohort removal.--To remove a student from a cohort, a 
     school or local educational agency shall require 
     documentation to confirm that the student has transferred 
     out, emigrated to another country, transferred to a prison or 
     juvenile facility, or is deceased.
       ``(C) Transferred out.--
       ``(i) In general.--For purposes of this paragraph, the term 
     `transferred out' means a student who the high school or 
     local educational agency has confirmed, according to clause 
     (ii), has transferred--

       ``(I) to another school from which the student is expected 
     to receive a regular high school diploma; or
       ``(II) to another educational program from which the 
     student is expected to receive a regular high school diploma.

       ``(ii) Confirmation requirements.--

       ``(I) Documentation required.--The confirmation of a 
     student's transfer to another school or educational program 
     described in clause (i) requires documentation from the 
     receiving school or program that the student enrolled in the 
     receiving school or program.
       ``(II) Lack of confirmation.--A student who was enrolled, 
     but for whom there is no confirmation of the student having 
     transferred out, shall remain in the adjusted cohort.

       ``(iii) Programs not providing credit.--A student who is 
     retained in grade or who is enrolled in a GED or other 
     alternative educational program that does not issue or 
     provide credit toward the issuance of a regular high school 
     diploma shall not be considered transferred out and shall 
     remain in the adjusted cohort.
       ``(D) Special rule.--For those high schools that start 
     after grade 9, the original cohort shall be calculated for 
     the earliest high school grade students attend no later than 
     the effective date for student membership data submitted 
     annually by State educational agencies to the National Center 
     for Education Statistics pursuant to section 153 of the 
     Education Sciences Reform Act.
       ``(24) Free public education.--The term `free public 
     education' means education that is provided--
       ``(A) at public expense, under public supervision and 
     direction, and without tuition charge; and
       ``(B) as elementary school or secondary school education as 
     determined under applicable State law, except that the term 
     does not include any education provided beyond grade 12.
       ``(25) Gifted and talented.--The term `gifted and 
     talented', when used with respect to students, children, or 
     youth, means students, children, or youth who give evidence 
     of high achievement capability in areas such as intellectual, 
     creative, artistic, or leadership capacity, or in specific 
     academic fields, and who need services or activities not 
     ordinarily provided by the school in order to fully develop 
     those capabilities.
       ``(26) High-quality academic tutoring.--The term `high-
     quality academic tutoring' means supplemental academic 
     services that--
       ``(A) are in addition to instruction provided during the 
     school day;
       ``(B) are provided by a non-governmental entity or local 
     educational agency that--
       ``(i) is included on a State educational agency approved 
     provider list after demonstrating to the State educational 
     agency that its program consistently improves the academic 
     achievement of students; and
       ``(ii) agrees to provide parents of children receiving 
     high-quality academic tutoring, the appropriate local 
     educational agency, and school with information on 
     participating students increases in academic achievement, in 
     a format, and to the extent practicable, a language that such 
     parent can understand, and in a manner that protects the 
     privacy of individuals consistent with section 444 of the 
     General Education Provisions Act (20 U.S.C. 1232g);
       ``(C) are selected by the parents of students who are 
     identified by the local educational agency as being eligible 
     for such services from among providers on the approved 
     provider list described in subparagraph (B)(i);
       ``(D) meet all applicable Federal, State, and local health, 
     safety, and civil rights laws; and
       ``(E) ensure that all instruction and content are secular, 
     neutral, and non-ideological.
       ``(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.
       ``(28) Institution of higher education.--The term 
     `institution of higher education' has the meaning given that 
     term in section 101(a) of the Higher Education Act of 1965.
       ``(29) Local educational agency.--
       ``(A) In general.--The term `local educational agency' 
     means a public board of education or other public authority 
     legally constituted within a State for either administrative 
     control or direction of, or to perform a service function 
     for, public elementary schools or secondary schools in a 
     city, county, township, school district, or other political 
     subdivision of a State, or of or for a combination of school 
     districts or counties that is recognized in a State as an 
     administrative agency for its public elementary schools or 
     secondary schools.
       ``(B) Administrative control and direction.--The term 
     includes any other public institution or agency having 
     administrative control and direction of a public elementary 
     school or secondary school.
       ``(C) BIE schools.--The term includes an elementary school 
     or secondary school funded by the Bureau of Indian Education 
     but only to the extent that including the school makes the 
     school eligible for programs for which specific eligibility 
     is not provided to the school in another provision of law and 
     the school does not have a student population that is smaller 
     than the student population of the local educational agency 
     receiving assistance under this Act with the smallest student 
     population, except that the school shall not be subject to 
     the jurisdiction of any State educational agency other than 
     the Bureau of Indian Education.
       ``(D) Educational service agencies.--The term includes 
     educational service agencies and consortia of those agencies.
       ``(E) State educational agency.--The term includes the 
     State educational agency in a State

[[Page H4670]]

     in which the State educational agency is the sole educational 
     agency for all public schools.
       ``(30) Native american and native american language.--The 
     terms `Native American' and `Native American language' have 
     the same meaning given those terms in section 103 of the 
     Native American Languages Act of 1990.
       ``(31) Other staff.--The term `other staff' means 
     specialized instructional support personnel, librarians, 
     career guidance and counseling personnel, education aides, 
     and other instructional and administrative personnel.
       ``(32) Outlying area.--The term `outlying area'--
       ``(A) means American Samoa, the Commonwealth of the 
     Northern Mariana Islands, Guam, and the United States Virgin 
     Islands;
       ``(B) means the Republic of Palau, to the extent permitted 
     under section 105(f)(1)(B)(ix) of the Compact of Free 
     Association Amendments Act of 2003 (Public Law 99-658; 117 
     Stat. 2751) and until an agreement for the extension of 
     United States education assistance under the Compact of Free 
     Association becomes effective for the Republic of Palau; and
       ``(C) for the purpose of any discretionary grant program 
     under this Act, includes the Republic of the Marshall Islands 
     and the Federated States of Micronesia, to the extent 
     permitted under section 105(f)(1)(B)(viii) of the Compact of 
     Free Association Amendments Act of 2003 (Public Law 108-188; 
     117 Stat. 2751).
       ``(33) Parent.--The term `parent' includes a legal guardian 
     or other person standing in loco parentis (such as a 
     grandparent, stepparent, or foster parent with whom the child 
     lives, or a person who is legally responsible for the child's 
     welfare).
       ``(34) Parental involvement.--The term `parental 
     involvement' means the participation of parents in regular, 
     two-way, and meaningful communication involving student 
     academic learning and other school activities, including 
     ensuring--
       ``(A) that parents play an integral role in assisting in 
     their child's learning;
       ``(B) that parents are encouraged to be actively involved 
     in their child's education at school;
       ``(C) that parents are full partners in their child's 
     education and are included, as appropriate, in decisionmaking 
     and on advisory committees to assist in the education of 
     their child; and
       ``(D) the carrying out of other activities, such as those 
     described in section 1118.
       ``(35) Poverty line.--The term `poverty line' means the 
     poverty line (as defined by the Office of Management and 
     Budget and revised annually in accordance with section 673(2) 
     of the Community Services Block Grant Act) applicable to a 
     family of the size involved.
       ``(36) Professional development.--The term `professional 
     development'--
       ``(A) includes evidence-based, job-embedded, continuous 
     activities that--
       ``(i) improve and increase teachers' knowledge of the 
     academic subjects the teachers teach, and enable teachers to 
     become effective educators;
       ``(ii) are an integral part of broad schoolwide and 
     districtwide educational improvement plans;
       ``(iii) give teachers, school leaders, other staff, and 
     administrators the knowledge and skills to provide students 
     with the opportunity to meet State academic standards;
       ``(iv) improve classroom management skills;
       ``(v)(I) have a positive and lasting impact on classroom 
     instruction and the teacher's performance in the classroom; 
     and
       ``(II) are not 1-day or short-term workshops or 
     conferences;
       ``(vi) support the recruiting, hiring, and training of 
     effective teachers, including teachers who became certified 
     or licensed through State and local alternative routes to 
     certification;
       ``(vii) advance teacher understanding of effective 
     instructional strategies that are strategies for improving 
     student academic achievement or substantially increasing the 
     knowledge and teaching skills of teachers, including through 
     addressing the social and emotional development needs of 
     students;
       ``(viii) are aligned with and directly related to--

       ``(I) State academic standards and assessments; and
       ``(II) the curricula and programs tied to the standards 
     described in subclause (I);

       ``(ix) are developed with extensive participation of 
     teachers, school leaders, parents, and administrators of 
     schools to be served under this Act;
       ``(x) are designed to give teachers of English learners and 
     other teachers and instructional staff, the knowledge and 
     skills to provide instruction and appropriate language and 
     academic support services to those children, including the 
     appropriate use of curricula and assessments;
       ``(xi) to the extent appropriate, provide training for 
     teachers, other staff, and school leaders in the use of 
     technology so that technology and technology applications are 
     effectively used to improve teaching and learning in the 
     curricula and core academic subjects in which the students 
     receive instruction;
       ``(xii) as a whole, are regularly evaluated for their 
     impact on increased teacher effectiveness and improved 
     student academic achievement, with the findings of the 
     evaluations used to improve the quality of the professional 
     development;
       ``(xiii) provide instruction in methods of teaching 
     children with special needs;
       ``(xiv) include instruction in the use of data and 
     assessments to inform and instruct classroom practice; and
       ``(xv) include instruction in ways that teachers, school 
     leaders, specialized instructional support personnel, other 
     staff, and school administrators may work more effectively 
     with parents; and
       ``(B) may include evidence-based, job-embedded, continuous 
     activities that--
       ``(i) involve the forming of partnerships with institutions 
     of higher education to establish school-based teacher 
     training programs that provide prospective teachers and new 
     teachers with an opportunity to work under the guidance of 
     experienced teachers and college faculty;
       ``(ii) create programs to enable paraprofessionals 
     (assisting teachers employed by a local educational agency 
     receiving assistance under subpart 1 of part A of title I) to 
     obtain the education necessary for those paraprofessionals to 
     become certified and licensed teachers; and
       ``(iii) provide follow-up training to individuals who have 
     participated in activities described in subparagraph (A) or 
     another clause of this subparagraph that are designed to 
     ensure that the knowledge and skills learned by the teachers 
     are implemented in the classroom.
       ``(37) Regular high school diploma.--
       ``(A) In general.--The term `regular high school diploma' 
     means the standard high school diploma awarded to the 
     preponderance of students in the State that is fully aligned 
     with State standards, or a higher diploma. Such term shall 
     not include a GED or other recognized equivalent of a 
     diploma, a certificate of attendance, or any lesser diploma 
     award.
       ``(B) Exception for students with significant cognitive 
     disabilities.--For a student who is assessed using an 
     alternate assessment aligned to alternate academic standards 
     under section 1111(b)(1)(D), receipt of a regular high school 
     diploma as defined under subparagraph (A) or a State-defined 
     alternate diploma obtained within the time period for which 
     the State ensures the availability of a free appropriate 
     public education and in accordance with section 612(a)(1) of 
     the Individuals with Disabilities Education Act shall be 
     counted as graduating with a regular high school diploma for 
     the purposes of this Act.
       ``(38) School leader.--The term `school leader' means a 
     principal, assistant principal, or other individual who is--
       ``(A) an employee or officer of a school, local educational 
     agency, or other entity operating the school; and
       ``(B) responsible for--
       ``(i) the daily instructional leadership and managerial 
     operations of the school; and
       ``(ii) creating the optimum conditions for student 
     learning.
       ``(39) Secondary school.--The term `secondary school' means 
     a nonprofit institutional day or residential school, 
     including a public secondary charter school, that provides 
     secondary education, as determined under State law, except 
     that the term does not include any education beyond grade 12.
       ``(40) Secretary.--The term `Secretary' means the Secretary 
     of Education.
       ``(41) Specialized instructional support personnel; 
     specialized instructional support services.--
       ``(A) Specialized instructional support personnel.--The 
     term `specialized instructional support personnel' means 
     school counselors, school social workers, school 
     psychologists, and other qualified professional personnel 
     involved in providing assessment, diagnosis, counseling, 
     educational, therapeutic, and other necessary services 
     (including related services as that term is defined in 
     section 602 of the Individuals with Disabilities Education 
     Act) as part of a comprehensive program to meet student 
     needs.
       ``(B) Specialized instructional support services.--The term 
     `specialized instructional support services' means the 
     services provided by specialized instructional support 
     personnel.
       ``(42) State.--The term `State' means each of the 50 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, and each of the outlying areas.
       ``(43) State educational agency.--The term `State 
     educational agency' means the agency primarily responsible 
     for the State supervision of public elementary schools and 
     secondary schools.
       ``(44) Technology.--The term `technology' means modern 
     information, computer and communication technology products, 
     services, or tools, including, but not limited to, the 
     Internet and other communications networks, computer devices 
     and other computer and communications hardware, software 
     applications, data systems, and other electronic content and 
     data storage.

     ``SEC. 5102. APPLICABILITY OF TITLE.

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

     ``SEC. 5103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION 
                   OPERATED SCHOOLS.

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

     shall be given the same consideration as a local educational 
     agency.

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

     ``SEC. 5201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR 
                   ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.

       ``(a) Consolidation of Administrative Funds.--
       ``(1) In general.--A State educational agency may 
     consolidate the amounts specifically made available to it for 
     State administration under one or more of the programs under 
     paragraph (2).

[[Page H4671]]

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

     ``SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

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

     ``SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE 
                   INTERIOR FUNDS.

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

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

     ``SEC. 5301. PURPOSES.

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

     ``SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR 
                   APPLICATIONS.

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

     ``SEC. 5303. CONSOLIDATED REPORTING.

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

     ``SEC. 5304. GENERAL APPLICABILITY OF STATE EDUCATIONAL 
                   AGENCY ASSURANCES.

       ``(a) Assurances.--A State educational agency, in 
     consultation with the Governor of the State, that submits a 
     consolidated State plan or consolidated State application 
     under this Act, whether separately or under section 5302, 
     shall have on file with the Secretary a single set of 
     assurances, applicable to each program for which the plan or 
     application is submitted, that provides that--
       ``(1) each such program will be administered in accordance 
     with all applicable statutes, regulations, program plans, and 
     applications;
       ``(2)(A) the control of funds provided under each such 
     program and title to property acquired with program funds 
     will be in a public agency, an eligible private agency, 
     institution, or organization, or an Indian tribe, if the law 
     authorizing the program provides for assistance to those 
     entities; and
       ``(B) the public agency, eligible private agency, 
     institution, or organization, or Indian tribe will administer 
     those funds and property to the extent required by the 
     authorizing law;
       ``(3) the State will adopt and use proper methods of 
     administering each such program, including--
       ``(A) the enforcement of any obligations imposed by law on 
     agencies, institutions, organizations, and other recipients 
     responsible for carrying out each program;
       ``(B) the correction of deficiencies in program operations 
     that are identified through audits, monitoring, or 
     evaluation; and
       ``(C) the adoption of written procedures for the receipt 
     and resolution of complaints alleging violations of law in 
     the administration of the programs;
       ``(4) the State will cooperate in carrying out any 
     evaluation of each such program conducted by or for the 
     Secretary or other Federal officials;
       ``(5) the State will use such fiscal control and fund 
     accounting procedures that will ensure proper disbursement 
     of, and accounting for, Federal funds paid to the State under 
     each such program;
       ``(6) the State will--
       ``(A) make reports to the Secretary as may be necessary to 
     enable the Secretary to perform the Secretary's duties under 
     each such program; and
       ``(B) maintain such records, provide such information to 
     the Secretary, and afford such access to the records as the 
     Secretary may find necessary to carry out the Secretary's 
     duties; and
       ``(7) before the plan or application was submitted to the 
     Secretary, the State afforded a reasonable opportunity for 
     public comment on the plan or application and considered such 
     comment.
       ``(b) GEPA Provision.--Section 441 of the General Education 
     Provisions Act shall not apply to programs under this Act.

     ``SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.

       ``(a) General Authority.--
       ``(1) Consolidated plan.--A local educational agency 
     receiving funds under more than one covered program may 
     submit plans or applications to the State educational agency 
     under those programs on a consolidated basis.
       ``(2) Availability to governor.--The State educational 
     agency shall make any consolidated local plans and 
     applications available to the Governor.
       ``(b) Required Consolidated Plans or Applications.--A State 
     educational agency that

[[Page H4672]]

     has an approved consolidated State plan or application under 
     section 5302 may require local educational agencies in the 
     State receiving funds under more than one program included in 
     the consolidated State plan or consolidated State application 
     to submit consolidated local plans or applications under 
     those programs, but may not require those agencies to submit 
     separate plans.
       ``(c) Collaboration.--A State educational agency, in 
     consultation with the Governor, shall collaborate with local 
     educational agencies in the State in establishing procedures 
     for the submission of the consolidated State plans or 
     consolidated State applications under this section.
       ``(d) Necessary Materials.--The State educational agency 
     shall require only descriptions, information, assurances, and 
     other material that are absolutely necessary for the 
     consideration of the local educational agency plan or 
     application.

     ``SEC. 5306. OTHER GENERAL ASSURANCES.

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

                           ``PART D--WAIVERS

     ``SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY 
                   REQUIREMENTS.

       ``(a) In General.--
       ``(1) Request for waiver.--A State educational agency, 
     local educational agency, or Indian tribe that receives funds 
     under a program authorized under this Act may submit a 
     request to the Secretary to waive any statutory or regulatory 
     requirement of this Act.
       ``(2) Receipt of waiver.--Except as provided in subsection 
     (c) and subject to the limits in subsection (b)(5)(A), the 
     Secretary shall waive any statutory or regulatory requirement 
     of this Act for a State educational agency, local educational 
     agency, Indian tribe, or school (through a local educational 
     agency), that submits a waiver request pursuant to this 
     subsection.
       ``(b) Plan.--
       ``(1) In general.--A State educational agency, local 
     educational agency, or Indian tribe that desires a waiver 
     under this section shall submit a waiver request to the 
     Secretary, which shall include a plan that--
       ``(A) identifies the Federal programs affected by the 
     requested waiver;
       ``(B) describes which Federal statutory or regulatory 
     requirements are to be waived;
       ``(C) reasonably demonstrates that the waiver will improve 
     instruction for students and advance student academic 
     achievement;
       ``(D) describes the methods the State educational agency, 
     local educational agency, or Indian tribe will use to monitor 
     the effectiveness of the implementation of the plan; and
       ``(E) describes how schools will continue to provide 
     assistance to the same populations served by programs for 
     which the waiver is requested.
       ``(2) Additional information.--A waiver request under this 
     section--
       ``(A) may provide for waivers of requirements applicable to 
     State educational agencies, local educational agencies, 
     Indian tribes, and schools; and
       ``(B) shall be developed and submitted--
       ``(i)(I) by local educational agencies (on behalf of those 
     agencies and schools) to State educational agencies; and
       ``(II) by State educational agencies (on their own behalf, 
     or on behalf of, and based on the requests of, local 
     educational agencies in the State) to the Secretary; or
       ``(ii) by Indian tribes (on behalf of schools operated by 
     the tribes) to the Secretary.
       ``(3) General requirements.--
       ``(A) State educational agencies.--In the case of a waiver 
     request submitted by a State educational agency acting on its 
     own behalf, or on behalf of local educational agencies in the 
     State, the State educational agency shall--
       ``(i) provide the public and local educational agencies in 
     the State with notice and a reasonable opportunity to comment 
     and provide input on the request;
       ``(ii) submit the comments and input to the Secretary, with 
     a description of how the State addressed the comments and 
     input; and
       ``(iii) provide notice and a reasonable time to comment to 
     the public and local educational agencies in the manner in 
     which the applying agency customarily provides similar notice 
     and opportunity to comment to the public.
       ``(B) Local educational agencies.--In the case of a waiver 
     request submitted by a local educational agency that receives 
     funds under this Act--
       ``(i) the request shall be reviewed by the State 
     educational agency and be accompanied by the comments, if 
     any, of the State educational agency and the public; and
       ``(ii) notice and a reasonable opportunity to comment 
     regarding the waiver request shall be provided to the State 
     educational agency and the public by the agency requesting 
     the waiver in the manner in which that agency customarily 
     provides similar notice and opportunity to comment to the 
     public.
       ``(4) Peer review.--
       ``(A) Establishment.--The Secretary shall establish a 
     multi-disciplinary peer review team, which shall meet the 
     requirements of section 5543, to review waiver requests under 
     this section.
       ``(B) Applicability.--The Secretary may approve a waiver 
     request under this section without conducting a peer review 
     of the request, but shall use the peer review process under 
     this paragraph before disapproving such a request.
       ``(C) Standard and nature of review.--Peer reviewers shall 
     conduct a good faith review of waiver requests submitted to 
     them under this section. Peer reviewers shall review such 
     waiver requests--
       ``(i) in their totality;
       ``(ii) in deference to State and local judgment; and
       ``(iii) with the goal of promoting State- and local-led 
     innovation.
       ``(5) Waiver determination, demonstration, and revision.--
       ``(A) In general.--The Secretary shall approve a waiver 
     request not more than 60 days after the date on which such 
     request is submitted, unless the Secretary determines and 
     demonstrates that--
       ``(i) the waiver request does not meet the requirements of 
     this section;
       ``(ii) the waiver is not permitted under subsection (c);
       ``(iii) the plan that is required under paragraph (1)(C), 
     and reviewed with deference to State and local judgment, 
     provides no reasonable evidence to determine that a waiver 
     will enhance student academic achievement; or
       ``(iv) the waiver request does not provide for adequate 
     evaluation to ensure review and continuous improvement of the 
     plan.
       ``(B) Waiver determination and revision.--If the Secretary 
     determines and demonstrates that the waiver request does not 
     meet the requirements of this section, the Secretary shall--
       ``(i) immediately--

       ``(I) notify the State educational agency, local 
     educational agency, or Indian tribe of such determination; 
     and
       ``(II) at the request of the State educational agency, 
     local educational agency, or Indian tribe, provide detailed 
     reasons for such determination in writing;

       ``(ii) offer the State educational agency, local 
     educational agency, or Indian tribe an opportunity to revise 
     and resubmit the waiver request not more than 60 days after 
     the date of such determination; and
       ``(iii) if the Secretary determines that the resubmission 
     does not meet the requirements of this section, at the 
     request of the State educational agency, local educational 
     agency, or Indian tribe, conduct a public hearing not more 
     than 30 days after the date of such resubmission.
       ``(C) Waiver disapproval.--The Secretary may disapprove a 
     waiver request if--
       ``(i) the State educational agency, local educational 
     agency, or Indian tribe has been notified and offered an 
     opportunity to revise and resubmit the waiver request, as 
     described under clauses (i) and (ii) of subparagraph (B); and
       ``(ii) the State educational agency, local educational 
     agency, or Indian tribe--

       ``(I) does not revise and resubmit the waiver request; or
       ``(II) revises and resubmits the waiver request, and the 
     Secretary determines that such waiver request does not meet 
     the requirements of this section after a hearing conducted 
     under subparagraph (B)(iii), if requested.

       ``(D) External conditions.--The Secretary shall not, 
     directly or indirectly, require or impose new or additional 
     requirements in exchange for receipt of a waiver if such 
     requirements are not specified in this Act.
       ``(c) Restrictions.--The Secretary shall not waive under 
     this section any statutory or regulatory requirements 
     relating to--
       ``(1) the allocation or distribution of funds to States, 
     local educational agencies, Indian tribes, or other 
     recipients of funds under this Act;

[[Page H4673]]

       ``(2) comparability of services;
       ``(3) use of Federal funds to supplement, not supplant, 
     non-Federal funds;
       ``(4) equitable participation of private school students 
     and teachers;
       ``(5) parental participation and involvement;
       ``(6) applicable civil rights requirements;
       ``(7) the prohibitions--
       ``(A) in subpart 2 of part E;
       ``(B) regarding use of funds for religious worship or 
     instruction in section 5505; and
       ``(C) regarding activities in section 5524; or
       ``(8) the selection of a school attendance area or school 
     under subsections (a) and (b) of section 1113, except that 
     the Secretary may grant a waiver to allow a school attendance 
     area or school to participate in activities under subpart 1 
     of part A of title I if the percentage of children from low-
     income families in the school attendance area or who attend 
     the school is not more than 10 percentage points below the 
     lowest percentage of those children for any school attendance 
     area or school of the local educational agency that meets the 
     requirements of subsections (a) and (b) of section 1113.
       ``(d) Duration and Extension of Waiver; Limitations.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     waiver approved by the Secretary under this section may be 
     for a period not to exceed 3 years.
       ``(2) Extension.--The Secretary may extend the period 
     described in paragraph (1) if the State demonstrates that--
       ``(A) the waiver has been effective in enabling the State 
     or affected recipient to carry out the activities for which 
     the waiver was requested and the waiver has contributed to 
     improved student achievement; and
       ``(B) the extension is in the public interest.
       ``(3) Specific limitations.--The Secretary shall not 
     require a State educational agency, local educational agency, 
     or Indian tribe, as a condition of approval of a waiver 
     request, to--
       ``(A) include in, or delete from, such request, specific 
     academic standards, such as the Common Core State Standards 
     developed under the Common Core State Standards Initiative or 
     any other standards common to a significant number of States;
       ``(B) use specific academic assessment instruments or 
     items, including assessments aligned to the standards 
     described in subparagraph (A); or
       ``(C) include in, or delete from, such waiver request any 
     criterion that specifies, defines, describes, or prescribes 
     the standards or measures that a State or local educational 
     agency or Indian tribe uses to establish, implement, or 
     improve--
       ``(i) State academic standards;
       ``(ii) academic assessments;
       ``(iii) State accountability systems; or
       ``(iv) teacher and school leader evaluation systems.
       ``(e) Reports.--
       ``(1) Waiver reports.--A State educational agency, local 
     educational agency, or Indian tribe that receives a waiver 
     under this section shall, at the end of the second year for 
     which a waiver is received under this section and each 
     subsequent year, submit a report to the Secretary that--
       ``(A) describes the uses of the waiver by the agency or by 
     schools;
       ``(B) describes how schools continued to provide assistance 
     to the same populations served by the programs for which 
     waivers were granted; and
       ``(C) evaluates the progress of the agency and schools, or 
     Indian tribe, in improving the quality of instruction or the 
     academic achievement of students.
       ``(2) Report to congress.--The Secretary shall annually 
     submit to the Committee on Education and the Workforce of the 
     House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions of the Senate a report--
       ``(A) summarizing the uses of waivers by State educational 
     agencies, local educational agencies, Indian tribes, and 
     schools; and
       ``(B) describing the status of the waivers in improving 
     academic achievement.
       ``(f) Termination of Waivers.--The Secretary shall 
     terminate a waiver under this section if the Secretary 
     determines, after notice and an opportunity for a hearing, 
     that the performance of the State or other recipient affected 
     by the waiver has been inadequate to justify a continuation 
     of the waiver and the recipient of the waiver has failed to 
     make revisions needed to carry out the purpose of the waiver, 
     or if the waiver is no longer necessary to achieve its 
     original purpose.
       ``(g) Publication.--A notice of the Secretary's decision to 
     grant each waiver under subsection (a) shall be published in 
     the Federal Register and the Secretary shall provide for the 
     dissemination of the notice to State educational agencies, 
     interested parties, including educators, parents, students, 
     advocacy and civil rights organizations, and the public.

                      ``PART E--UNIFORM PROVISIONS

                      ``Subpart 1--Private Schools

     ``SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND 
                   TEACHERS.

       ``(a) Private School Participation.--
       ``(1) In general.--Except as otherwise provided in this 
     Act, to the extent consistent with the number of eligible 
     children in areas served by a State educational agency, local 
     educational agency, educational service agency, consortium of 
     those agencies, or another entity receiving financial 
     assistance under a program specified in subsection (b), who 
     are enrolled in private elementary schools and secondary 
     schools in areas served by such agency, consortium, or 
     entity, the agency, consortium, or entity shall, after timely 
     and meaningful consultation with appropriate private school 
     officials or their representatives, provide to those children 
     and their teachers or other educational personnel, on an 
     equitable basis, special educational services or other 
     benefits that address their needs under the program.
       ``(2) Secular, neutral, and nonideological services or 
     benefits.--Educational services or other benefits, including 
     materials and equipment, provided under this section, shall 
     be secular, neutral, and nonideological.
       ``(3) Special rule.--Educational services and other 
     benefits provided under this section for private school 
     children, teachers, and other educational personnel shall be 
     equitable in comparison to services and other benefits for 
     public school children, teachers, and other educational 
     personnel participating in the program and shall be provided 
     in a timely manner.
       ``(4) Expenditures.--
       ``(A) In general.--Expenditures for educational services 
     and other benefits to eligible private school children, 
     teachers, and other service personnel shall be equal to the 
     expenditures for participating public school children, taking 
     into account the number and educational needs, of the 
     children to be served.
       ``(B) Obligation of funds.--Funds allocated to a local 
     educational agency for educational services and other 
     benefits to eligible private school children shall--
       ``(i) be obligated in the fiscal year for which the funds 
     are received by the agency; and
       ``(ii) with respect to any such funds that cannot be so 
     obligated, be used to serve such children in the following 
     fiscal year.
       ``(C) Notice of allocation.--Each State educational agency 
     shall--
       ``(i) determine, in a timely manner, the proportion of 
     funds to be allocated to each local educational agency in the 
     State for educational services and other benefits under this 
     subpart to eligible private school children; and
       ``(ii) provide notice, simultaneously, to each such local 
     educational agency and the appropriate private school 
     officials or their representatives in the State of such 
     allocation of funds.
       ``(5) Provision of services.--An agency, consortium, or 
     entity described in subsection (a)(1) of this section may 
     provide those services directly or through contracts with 
     public and private agencies, organizations, and institutions.
       ``(b) Applicability.--
       ``(1) In general.--This section applies to programs under--
       ``(A) subpart 2 of part A of title I;
       ``(B) subpart 4 of part A of title I;
       ``(C) part A of title II;
       ``(D) part B of title II; and
       ``(E) part B of title III.
       ``(2) Definition.--For the purpose of this section, the 
     term `eligible children' means children eligible for services 
     under a program described in paragraph (1).
       ``(c) Consultation.--
       ``(1) In general.--To ensure timely and meaningful 
     consultation, a State educational agency, local educational 
     agency, educational service agency, consortium of those 
     agencies, or entity shall consult, in order to reach an 
     agreement, with appropriate private school officials or their 
     representatives during the design and development of the 
     programs under this Act, on issues such as--
       ``(A) how the children's needs will be identified;
       ``(B) what services will be offered;
       ``(C) how, where, and by whom the services will be 
     provided;
       ``(D) how the services will be assessed and how the results 
     of the assessment will be used to improve those services;
       ``(E) the size and scope of the equitable services to be 
     provided to the eligible private school children, teachers, 
     and other educational personnel and the amount of funds 
     available for those services;
       ``(F) how and when the agency, consortium, or entity will 
     make decisions about the delivery of services, including a 
     thorough consideration and analysis of the views of the 
     private school officials or their representatives on the 
     provision of services through potential third-party providers 
     or contractors; and
       ``(G) how, if the agency disagrees with the views of the 
     private school officials or their representatives on the 
     provision of services through a contract, the local 
     educational agency will provide in writing to such private 
     school officials or their representatives an analysis of the 
     reasons why the local educational agency has chosen not to 
     use a contractor.
       ``(2) Disagreement.--If the agency, consortium, or entity 
     disagrees with the views of the private school officials or 
     their representatives with respect to an issue described in 
     paragraph (1), the agency, consortium, or entity shall 
     provide to the private school officials or their 
     representatives a written explanation of the reasons why the 
     local educational agency has chosen not to adopt the course 
     of action requested by such officials or their 
     representatives.
       ``(3) Timing.--The consultation required by paragraph (1) 
     shall occur before the agency, consortium, or entity makes 
     any decision that affects the opportunities of eligible 
     private school children, teachers, and other educational 
     personnel to participate in programs under this Act, and 
     shall continue throughout the implementation and assessment 
     of activities under this section.
       ``(4) Discussion required.--The consultation required by 
     paragraph (1) shall include a discussion of service delivery 
     mechanisms that the agency, consortium, or entity could use 
     to provide equitable services to eligible private school 
     children, teachers, administrators, and other staff.
       ``(5) Documentation.--Each local educational agency shall 
     maintain in the agency's records and provide to the State 
     educational agency involved a written affirmation signed by 
     officials or their representatives of each participating 
     private school that the meaningful consultation required by 
     this section has occurred.

[[Page H4674]]

     The written affirmation shall provide the option for private 
     school officials or their representatives to indicate that 
     timely and meaningful consultation has not occurred or that 
     the program design is not equitable with respect to eligible 
     private school children. If such officials or their 
     representatives do not provide such affirmation within a 
     reasonable period of time, the local educational agency shall 
     forward the documentation that such consultation has, or 
     attempts at such consultation have, taken place to the State 
     educational agency.
       ``(6) Compliance.--
       ``(A) In general.--If the consultation required under this 
     section is with a local educational agency or educational 
     service agency, a private school official or representative 
     shall have the right to file a complaint with the State 
     educational agency that the consultation required under this 
     section was not meaningful and timely, did not give due 
     consideration to the views of the private school official or 
     representative, or did not treat the private school or its 
     students equitably as required by this section.
       ``(B) Procedure.--If the private school official or 
     representative wishes to file a complaint, the private school 
     official or representative shall provide the basis of the 
     noncompliance with this section and all parties shall provide 
     the appropriate documentation to the appropriate officials or 
     representatives.
       ``(C) Services.--A State educational agency shall provide 
     services under this section directly or through contracts 
     with public and private agencies, organizations, and 
     institutions, if--
       ``(i) the appropriate private school officials or their 
     representatives have--

       ``(I) requested that the State educational agency provide 
     such services directly; and
       ``(II) demonstrated that the local educational agency or 
     Education Service Agency involved has not met the 
     requirements of this section; or

       ``(ii) in a case in which--

       ``(I) a local educational agency has more than 10,000 
     children from low-income families who attend private 
     elementary schools or secondary schools in such agency's 
     school attendance areas, as defined in section 1113(a)(2)(A), 
     that are not being served by the agency's program under this 
     section; or
       ``(II) 90 percent of the eligible private school students 
     in a school attendance area, as defined in section 
     1113(a)(2)(A), are not being served by the agency's program 
     under this section.

       ``(d) Public Control of Funds.--
       ``(1) In general.--The control of funds used to provide 
     services under this section, and title to materials, 
     equipment, and property purchased with those funds, shall be 
     in a public agency for the uses and purposes provided in this 
     Act, and a public agency shall administer the funds and 
     property.
       ``(2) Provision of services.--
       ``(A) In general.--The provision of services under this 
     section shall be provided--
       ``(i) by employees of a public agency; or
       ``(ii) through contract by the public agency with an 
     individual, association, agency, organization, or other 
     entity.
       ``(B) Independence; public agency.--In the provision of 
     those services, the employee, person, association, agency, 
     organization, or other entity shall be independent of the 
     private school and of any religious organization, and the 
     employment or contract shall be under the control and 
     supervision of the public agency.
       ``(C) Commingling of funds prohibited.--Funds used to 
     provide services under this section shall not be commingled 
     with non-Federal funds.

     ``SEC. 5502. STANDARDS FOR BY-PASS.

       ``(a) In General.--If, by reason of any provision of law, a 
     State educational agency, local educational agency, 
     educational service agency, consortium of those agencies, or 
     other entity is prohibited from providing for the 
     participation in programs of children enrolled in, or 
     teachers or other educational personnel from, private 
     elementary schools and secondary schools, on an equitable 
     basis, or if the Secretary determines that the agency, 
     consortium, or entity has substantially failed or is 
     unwilling to provide for that participation, as required by 
     section 5501, the Secretary shall--
       ``(1) waive the requirements of that section for the 
     agency, consortium, or entity; and
       ``(2) arrange for the provision of equitable services to 
     those children, teachers, or other educational personnel 
     through arrangements that shall be subject to the 
     requirements of this section and of sections 5501, 5503, and 
     5504.
       ``(b) Determination.--In making the determination under 
     subsection (a), the Secretary shall consider one or more 
     factors, including the quality, size, scope, and location of 
     the program, and the opportunity of private school children, 
     teachers, and other educational personnel to participate in 
     the program.

     ``SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE 
                   SCHOOL CHILDREN.

       ``(a) Procedures for Complaints.--The Secretary shall 
     develop and implement written procedures for receiving, 
     investigating, and resolving complaints from parents, 
     teachers, or other individuals and organizations concerning 
     violations of section 5501 by a State educational agency, 
     local educational agency, educational service agency, 
     consortium of those agencies, or entity. The individual or 
     organization shall submit the complaint to the State 
     educational agency for a written resolution by the State 
     educational agency within 45 days.
       ``(b) Appeals to Secretary.--The resolution may be appealed 
     by an interested party to the Secretary not later than 30 
     days after the State educational agency resolves the 
     complaint or fails to resolve the complaint within the 45-day 
     time limit. The appeal shall be accompanied by a copy of the 
     State educational agency's resolution, and, if there is one, 
     a complete statement of the reasons supporting the appeal. 
     The Secretary shall investigate and resolve the appeal not 
     later than 90 days after receipt of the appeal.

                       ``Subpart 2--Prohibitions

     ``SEC. 5521. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, 
                   OR CONTROL.

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

     ``SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF 
                   FEDERAL FUNDS.

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

     ``SEC. 5523. PROHIBITION ON FEDERALLY SPONSORED TESTING.

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

     ``SEC. 5524. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION 
                   FOR TEACHERS.

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

[[Page H4675]]

     funds from any State educational agency or local educational 
     agency if the State educational agency or local educational 
     agency fails to adopt a specific method of teacher or 
     paraprofessional certification.

     ``SEC. 5525. PROHIBITED USES OF FUNDS.

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

     ``SEC. 5529. PROHIBITION REGARDING STATE AID.

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

                     ``Subpart 3--Other Provisions

     ``SEC. 5541. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND 
                   STUDENT RECRUITING INFORMATION.

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

     ``SEC. 5542. RULEMAKING.

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

     ``SEC. 5543. PEER REVIEW.

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

     ``SEC. 5544. PARENTAL CONSENT.

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

     ``SEC. 5548. SEVERABILITY.

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

     ``SEC. 5551. DEPARTMENT STAFF.

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

                         ``PART F--EVALUATIONS

     ``SEC. 5601. EVALUATIONS.

       ``(a) Reservation of Funds.--Except as provided in 
     subsections (c) and (d), the Secretary may reserve not more 
     than 0.5 percent of the amount appropriated to carry out each 
     categorical program authorized under this Act. The reserved 
     amounts shall be used by the Secretary, acting through the 
     Director of the Institute of Education Sciences--
       ``(1) to conduct--
       ``(A) comprehensive evaluations of the program or project; 
     and
       ``(B) studies of the effectiveness of the program or 
     project and its administrative impact on schools and local 
     educational agencies;
       ``(2) to evaluate the aggregate short- and long-term 
     effects and cost efficiencies across Federal programs 
     assisted or authorized under this Act and related Federal 
     preschool, elementary, and secondary programs under any other 
     Federal law; and
       ``(3) to increase the usefulness of evaluations of grant 
     recipients in order to ensure the continuous progress of the 
     program or project by improving the quality, timeliness, 
     efficiency, and use of information relating to performance 
     under the program or project.
       ``(b) Required Plan.--The Secretary, acting through the 
     Director of the Institute of Education Sciences, may use the 
     reserved amount under subsection (a) only after completion of 
     a comprehensive, multi-year plan--
       ``(1) for the periodic evaluation of each of the major 
     categorical programs authorized under this Act, and as 
     resources permit, the smaller categorical programs authorized 
     under this Act;
       ``(2) that shall be developed and implemented with the 
     involvement of other officials at the Department, as 
     appropriate; and
       ``(3) that shall not be finalized until--
       ``(A) the publication of a notice in the Federal Register 
     seeking public comment on such plan and after review by the 
     Secretary of such comments; and
       ``(B) the plan is submitted for comment to the Committee on 
     Education and the Workforce of the House of Representatives 
     and the Committee on Health, Education, Labor, and Pensions 
     of the Senate and after review by the Secretary of such 
     comments.
       ``(c) Title I Excluded.--The Secretary may not reserve 
     under subsection (a) funds appropriated to carry out any 
     program authorized under title I.
       ``(d) Evaluation Activities Authorized Elsewhere.--If, 
     under any other provision of this Act (other than title I), 
     funds are authorized to be reserved or used for evaluation 
     activities with respect to a program or project, the 
     Secretary may not reserve additional funds

[[Page H4676]]

     under this section for the evaluation of that program or 
     project.''.
       (b) Technical Amendments.--
       (1) Title ix.--
       (A) Subpart 1 of part e of title v.--
       (i) Transfer and redesignation.--Sections 9504 through 9506 
     (20 U.S.C. 7884; 7885; 7886) are--

       (I) transferred to title V, as amended by subsection (a) of 
     this section;
       (II) inserted after section 5503 of such title; and
       (III) redesignated as sections 5504 through 5506, 
     respectively.

       (ii) Amendments.--Section 5504 (as so redesignated) is 
     amended--

       (I) in subsection (a)(1)(A), by striking ``section 9502'' 
     and inserting ``section 5502'';
       (II) in subsection (b), by striking ``section 9501'' and 
     inserting ``section 5501''; and
       (III) in subsection (d), by striking ``No Child Left Behind 
     Act of 2001'' and inserting ``Student Success Act''.

       (B) Subpart 2 of part e of title v.--
       (i) Transfer and redesignation.--Sections 9531, 9533, and 
     9534 (20 U.S.C. 7911; 7913; 7914) are--

       (I) transferred to title V, as amended by subparagraph (A) 
     of this paragraph;
       (II) inserted after section 5525 of such title; and
       (III) redesignated as sections 5526 through 5528, 
     respectively.

       (ii) Amendments.--Section 5528 (as so redesignated) is 
     amended--

       (I) by striking ``(a) In General.--Nothing'' and inserting 
     ``Nothing''; and
       (II) by striking subsection (b).

       (C) Subpart 3 of part e of title v.--Sections 9523, 9524, 
     and 9525 (20 U.S.C. 7903; 7904; 7905) are--
       (i) transferred to title V, as amended by subparagraph (B) 
     of this paragraph;
       (ii) inserted after section 5544 of such title; and
       (iii) redesignated as sections 5545 through 5547, 
     respectively.
       (2) Title iv.--Sections 4141 and 4155 (20 U.S.C. 7151; 
     7161) are--
       (A) transferred to title V, as amended by paragraph (1) of 
     this subsection;
       (B) inserted after section 5548 (as so redesignated by 
     paragraph (1)(C)(iii) of this subsection); and
       (C) redesignated as sections 5549 and 5550, respectively.

     SEC. 502. REPEAL.

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

     SEC. 503. OTHER LAWS.

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

     SEC. 504. AMENDMENT TO IDEA.

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

                            TITLE VI--REPEAL

     SEC. 601. REPEAL OF TITLE VI.

       The Act is amended by striking title VI (20 U.S.C. 7301 et 
     seq.)

                     TITLE VII--HOMELESS EDUCATION

     SEC. 701. STATEMENT OF POLICY.

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

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

       Section 722 of such Act (42 U.S.C. 11432) is amended--
       (1) in subsection (a), by striking ``(g).'' and inserting 
     ``(h).'';
       (2) by striking subsection (b);
       (3) in subsection (c)--
       (A) in paragraph (1)(A)--
       (i) in clause (i), by adding ``or'' at the end;
       (ii) in clause (ii), by striking ``; or'' at the end and 
     inserting a period; and
       (iii) by striking clause (iii); and
       (B) by striking paragraph (3);
       (4) in subsection (d)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Grants'' and inserting ``Grant funds from a grant made to a 
     State'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) To provide services and activities to improve the 
     identification of homeless children (including preschool-aged 
     homeless children and youths) that enable such children and 
     youths to enroll in, attend, and succeed in school, or, if 
     appropriate, in preschool programs.'';
       (C) in paragraph (3), by inserting before the period at the 
     end the following: ``that can sufficiently carry out the 
     duties described in this subtitle'';
       (D) by amending paragraph (5) to read as follows:
       ``(5) To develop and implement professional development 
     programs for liaisons designated under subsection 
     (g)(1)(J)(ii) and other local educational agency personnel--
       ``(A) to improve their identification of homeless children 
     and youths; and
       ``(B) to heighten their awareness of, and capacity to 
     respond to, specific needs in the education of homeless 
     children and youths.''.
       (5) in subsection (e)--
       (A) in paragraph (1)--
       (i) by striking ``sums'' and inserting ``grant funds''; and
       (ii) by inserting ``a State under subsection (a) to'' after 
     ``each year to'';
       (B) in paragraph (2), by striking ``funds made available 
     for State use under this subtitle'' and inserting ``the grant 
     funds remaining after the State educational agency 
     distributes subgrants under paragraph (1)''; and
       (C) in paragraph (3)--
       (i) in subparagraph (C)(iv)(II), by striking ``sections 
     1111 and 1116'' and inserting ``section 1111'';
       (ii) in subparagraph (F)--

       (I) in clause (i)--

       (aa) in the matter preceding subclause (I), by striking ``a 
     report'' and inserting ``an annual report'';
       (bb) by striking ``and'' at the end of subclause (II);
       (cc) by striking the period at the end of subclause (III) 
     and inserting ``; and''; and
       (dd) by adding at the end the following:

       ``(IV) the progress the separate schools are making in 
     helping all students meet the State academic standards.''; 
     and
       (II) in clause (iii), by striking ``Not later than 2 years 
     after the date of enactment of the McKinney-Vento Homeless 
     Education Assistance Improvements Act of 2001, the'' and 
     inserting ``The'';

       (6) by amending subsection (f) to read as follows:
       ``(f) Functions of the Office of Coordinator.--The 
     Coordinator for Education of Homeless Children and Youths 
     established in each State shall--
       ``(1) gather and make publically available reliable, valid, 
     and comprehensive information on--
       ``(A) the number of homeless children and youths identified 
     in the State, posted annually on the State educational 
     agency's website;
       ``(B) the nature and extent of the problems homeless 
     children and youths have in gaining access to public 
     preschool programs and to public elementary schools and 
     secondary schools;
       ``(C) the difficulties in identifying the special needs and 
     barriers to the participation and achievement of such 
     children and youths;
       ``(D) any progress made by the State educational agency and 
     local educational agencies in the State in addressing such 
     problems and difficulties; and
       ``(E) the success of the programs under this subtitle in 
     identifying homeless children and youths and allowing such 
     children and youths to enroll in, attend, and succeed in, 
     school;
       ``(2) develop and carry out the State plan described in 
     subsection (g);
       ``(3) collect data for and transmit to the Secretary, at 
     such time and in such manner as the Secretary may require, a 
     report containing information necessary to assess the 
     educational needs of homeless children and youths within the 
     State, including data necessary for the Secretary to fulfill 
     the responsibilities under section 724(h);
       ``(4) in order to improve the provision of comprehensive 
     education and related support services to homeless children 
     and youths and their families, coordinate and collaborate 
     with--
       ``(A) educators, including teachers, special education 
     personnel, administrators, and child development and 
     preschool program personnel;
       ``(B) providers of services to homeless children and youths 
     and their families, including services of public and private 
     child welfare and social services agencies, law enforcement 
     agencies, juvenile and family courts, agencies providing 
     mental health services, domestic violence agencies, child 
     care providers, runaway and homeless youth centers, and 
     providers of services and programs funded under the Runaway 
     and Homeless Youth Act (42 U.S.C. 5701 et seq.);
       ``(C) providers of emergency, transitional, and permanent 
     housing to homeless children and youths, and their families, 
     including public housing agencies, shelter operators, 
     operators of transitional housing facilities, and providers 
     of transitional living programs for homeless youths;
       ``(D) local educational agency liaisons designated under 
     subsection (g)(1)(J)(ii) for homeless children and youths; 
     and
       ``(E) community organizations and groups representing 
     homeless children and youths and their families;
       ``(5) provide technical assistance to local educational 
     agencies, in coordination with local educational agency 
     liaisons designated under subsection (g)(1)(J)(ii), to ensure 
     that local educational agencies comply with the requirements 
     of subsection (e)(3), paragraphs (3) through (7) of 
     subsection (g), and subsection (h);
       ``(6) provide professional development opportunities for 
     local educational agency personnel and the homeless liaison 
     designated under subsection (g)(1)(J)(ii) to assist such 
     personnel in meeting the needs of homeless children and 
     youths; and
       ``(7) respond to inquiries from parents and guardians of 
     homeless children and youths and unaccompanied youths to 
     ensure that each child or youth who is the subject of such an 
     inquiry receives the full protections and services provided 
     by this subtitle.'';
       (7) by amending subsection (g) to read as follows:
       ``(g) State Plan.--
       ``(1) In general.--In order to be eligible to receive a 
     grant under this section, each State educational agency shall 
     submit to the Secretary a

[[Page H4677]]

     plan to provide for the education of homeless children and 
     youths within the State that includes the following:
       ``(A) A description of how such children and youths are (or 
     will be) given the opportunity to meet the same State 
     academic standards that all students are expected to meet.
       ``(B) A description of the procedures the State educational 
     agency will use to identify such children and youths in the 
     State and to assess their needs.
       ``(C) A description of procedures for the prompt resolution 
     of disputes regarding the educational placement of homeless 
     children and youths.
       ``(D) A description of programs for school personnel 
     (including liaisons, school leaders, attendance officers, 
     teachers, enrollment personnel, and specialized instructional 
     support personnel) to heighten the awareness of such 
     personnel of the specific needs of homeless adolescents, 
     including runaway and homeless youths.
       ``(E) A description of procedures that ensure that homeless 
     children and youths who meet the relevant eligibility 
     criteria are able to participate in Federal, State, or local 
     nutrition programs.
       ``(F) A description of procedures that ensure that--
       ``(i) homeless children have equal access to public 
     preschool programs, administered by the State educational 
     agency or local educational agency, as provided to other 
     children in the State;
       ``(ii) homeless youths and youths separated from public 
     schools are identified and accorded equal access to 
     appropriate secondary education and support services; and
       ``(iii) homeless children and youth who meet the relevant 
     eligibility criteria are able to participate in Federal, 
     State, or local education programs.
       ``(G) Strategies to address problems identified in the 
     report provided to the Secretary under subsection (f)(3).
       ``(H) Strategies to address other problems with respect to 
     the education of homeless children and youths, including 
     problems resulting from enrollment delays that are caused 
     by--
       ``(i) immunization and other health records requirements;
       ``(ii) residency requirements;
       ``(iii) lack of birth certificates, school records, or 
     other documentation;
       ``(iv) guardianship issues; or
       ``(v) uniform or dress code requirements.
       ``(I) A demonstration that the State educational agency and 
     local educational agencies in the State have developed, and 
     shall review and revise, policies to remove barriers to the 
     identification, enrollment, and retention of homeless 
     children and youths in schools in the State.
       ``(J) Assurances that the following will be carried out:
       ``(i) The State educational agency and local educational 
     agencies in the State will adopt policies and practices to 
     ensure that homeless children and youths are not stigmatized 
     or segregated on the basis of their status as homeless.
       ``(ii) Local educational agencies will designate an 
     appropriate staff person, who may also be a coordinator for 
     other Federal programs, as a local educational agency liaison 
     for homeless children and youths, to carry out the duties 
     described in paragraph (6)(A).
       ``(iii) The State and its local educational agencies will 
     adopt policies and practices to ensure that transportation is 
     provided, at the request of the parent or guardian (or in the 
     case of an unaccompanied youth, the liaison), to and from the 
     school of origin, as determined in paragraph (3)(A), in 
     accordance with the following, as applicable:

       ``(I) If the child or youth continues to live in the area 
     served by the local educational agency in which the school of 
     origin is located, the child's or youth's transportation to 
     and from the school of origin shall be provided or arranged 
     by the local educational agency in which the school of origin 
     is located.
       ``(II) If the child's or youth's living arrangements in the 
     area served by the local educational agency of origin 
     terminate and the child or youth, though continuing his or 
     her education in the school of origin, begins living in an 
     area served by another local educational agency, the local 
     educational agency of origin and the local educational agency 
     in which the child or youth is living shall agree upon a 
     method to apportion the responsibility and costs for 
     providing the child with transportation to and from the 
     school of origin. If the local educational agencies are 
     unable to agree upon such method, the responsibility and 
     costs for transportation shall be shared equally.

       ``(2) Compliance.--
       ``(A) In general.--Each plan adopted under this subsection 
     shall also describe how the State will ensure that local 
     educational agencies in the State will comply with the 
     requirements of paragraphs (3) through (7).
       ``(B) Coordination.--Such plan shall indicate what 
     technical assistance the State will furnish to local 
     educational agencies and how compliance efforts will be 
     coordinated with the local educational agency liaisons 
     designated under paragraph (1)(J)(ii).
       ``(3) Local educational agency requirements.--
       ``(A) In general.--The local educational agency serving 
     each child or youth to be assisted under this subtitle shall, 
     according to the child's or youth's best interest--
       ``(i) continue the child's or youth's education in the 
     school of origin for the duration of homelessness--

       ``(I) in any case in which a family becomes homeless 
     between academic years or during an academic year; or
       ``(II) for the remainder of the academic year, if the child 
     or youth becomes permanently housed during an academic year; 
     or

       ``(ii) enroll the child or youth in any public school that 
     nonhomeless students who live in the attendance area in which 
     the child or youth is actually living are eligible to attend.
       ``(B) School stability.--In determining the best interest 
     of the child or youth under subparagraph (A), the local 
     educational agency shall--
       ``(i) presume that keeping the child or youth in the school 
     of origin is in the child or youth's best interest, except 
     when doing so is contrary to the wishes of the child's or 
     youth's parent or guardian, or the unaccompanied youth;
       ``(ii) consider student-centered factors related to the 
     child's or youth's best interest, including factors related 
     to the impact of mobility on achievement, education, health, 
     and safety of homeless children and youth, giving priority to 
     the wishes of the homeless child's or youth's parent of 
     guardian or the unaccompanied youth involved;
       ``(iii) if, after conducting the best interest 
     determination based on consideration of the presumption in 
     clause (i) and the student-centered factors in clause (ii), 
     the local educational agency determines that it is not in the 
     child's or youth's best interest to attend the school of 
     origin or the school requested by the parent, guardian, or 
     unaccompanied youth, provide the child's or youth's parent or 
     guardian or the unaccompanied youth with a written 
     explanation of the reasons for its determination, in a manner 
     and form understandable to such parent, guardian, or 
     unaccompanied youth, including information regarding the 
     right to appeal under subparagraph (E); and
       ``(iv) in the case of an unaccompanied youth, ensure that 
     the homeless liaison designated under paragraph (1)(J)(ii) 
     assists in placement or enrollment decisions under this 
     subparagraph, gives priority to the views of such 
     unaccompanied youth, and provides notice to such youth of the 
     right to appeal under subparagraph (E).
       ``(C) Enrollment.--
       ``(i) In general.--The school selected in accordance with 
     this paragraph shall immediately enroll the homeless child or 
     youth, even if the child or youth--

       ``(I) is unable to produce records normally required for 
     enrollment, such as previous academic records, records of 
     immunization and other required health records, proof of 
     residency, or other documentation; or
       ``(II) has missed application or enrollment deadlines 
     during any period of homelessness.

       ``(ii) Relevant academic records.--The enrolling school 
     shall immediately contact the school last attended by the 
     child or youth to obtain relevant academic and other records.
       ``(iii) Relevant health records.--If the child or youth 
     needs to obtain immunizations or other required health 
     records, the enrolling school shall immediately refer the 
     parent or guardian of the child or youth, or the 
     unaccompanied child or youth, to the local educational agency 
     liaison designated under paragraph (1)(J)(ii), who shall 
     assist in obtaining necessary immunizations or screenings, or 
     immunization or other required health records, in accordance 
     with subparagraph (D).
       ``(D) Records.--Any record ordinarily kept by the school, 
     including immunization or other required health records, 
     academic records, birth certificates, guardianship records, 
     and evaluations for special services or programs, regarding 
     each homeless child or youth shall be maintained--
       ``(i) so that the records involved are available, in a 
     timely fashion, when a child or youth enters a new school or 
     school district; and
       ``(ii) in a manner consistent with section 444 of the 
     General Education Provisions Act (20 U.S.C. 1232g).
       ``(E) Enrollment disputes.--If a dispute arises over school 
     selection or enrollment in a school--
       ``(i) the child or youth shall be immediately enrolled in 
     the school in which enrollment is sought, pending final 
     resolution of the dispute, including all available appeals;
       ``(ii) the parent, guardian, or unaccompanied youth shall 
     be provided with a written explanation of any decisions made 
     by the school, the local educational agency, or the State 
     educational agency involved, including the rights of the 
     parent, guardian, or youth to appeal such decisions;
       ``(iii) the parent, guardian, or unaccompanied youth shall 
     be referred to the local educational agency liaison 
     designated under paragraph (1)(J)(ii), who shall carry out 
     the dispute resolution process as described in paragraph 
     (1)(C) as expeditiously as possible after receiving notice of 
     the dispute; and
       ``(iv) in the case of an unaccompanied youth, the liaison 
     shall ensure that the youth is immediately enrolled in school 
     in which the youth seeks enrollment pending resolution of 
     such dispute.
       ``(F) Placement choice.--The choice regarding placement 
     shall be made regardless of whether the child or youth lives 
     with the homeless parents or has been temporarily placed 
     elsewhere.
       ``(G) School of origin defined.--
       ``(i) In general.--In this paragraph, the term `school of 
     origin' means the school that a child or youth attended when 
     permanently housed or the school in which the child or youth 
     was last enrolled.
       ``(ii) Receiving school.--When the child or youth completes 
     the final grade level served by the school of origin, as 
     described in clause (i), the term ``school of origin'' shall 
     include the designated receiving school at the next grade 
     level for all feeder schools.
       ``(H) Contact information.--Nothing in this subtitle shall 
     prohibit a local educational agency from requiring a parent 
     or guardian of a homeless child to submit contact 
     information.

[[Page H4678]]

       ``(I) Privacy.--Information about a homeless child's or 
     youth's living situation shall be treated as a student 
     education record under section 444 of the General Education 
     Provisions Act (20 U.S.C. 1232g) and shall not be released to 
     housing providers, employers, law enforcement personnel, or 
     other persons or agencies not authorized to have such 
     information under section 99.31 of title 34, Code of Federal 
     Regulations.
       ``(J) Academic achievement.--The school selected in 
     accordance with this paragraph shall ensure that homeless 
     children and youth have opportunities to meet the same State 
     academic standards to which other students are held.
       ``(4) Comparable services.--Each homeless child or youth to 
     be assisted under this subtitle shall be provided services 
     comparable to services offered to other students in the 
     school selected under paragraph (3), including the following:
       ``(A) Transportation services.
       ``(B) Educational services for which the child or youth 
     meets the eligibility criteria, such as services provided 
     under title I of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6301 et seq.) or similar State or local 
     programs, educational programs for children with 
     disabilities, and educational programs for English learners.
       ``(C) Programs in career and technical education.
       ``(D) Programs for gifted and talented students.
       ``(E) School nutrition programs.
       ``(5) Coordination.--
       ``(A) In general.--Each local educational agency serving 
     homeless children and youths that receives assistance under 
     this subtitle shall coordinate--
       ``(i) the provision of services under this subtitle with 
     local social services agencies and other agencies or entities 
     providing services to homeless children and youths and their 
     families, including services and programs funded under the 
     Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); and
       ``(ii) transportation, transfer of school records, and 
     other interdistrict activities, with other local educational 
     agencies.
       ``(B) Housing assistance.--If applicable, each State 
     educational agency and local educational agency that receives 
     assistance under this subtitle shall coordinate with State 
     and local housing agencies responsible for developing the 
     comprehensive housing affordability strategy described in 
     section 105 of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12705) to minimize educational 
     disruption for children and youths who become homeless.
       ``(C) Coordination purpose.--The coordination required 
     under subparagraphs (A) and (B) shall be designed to--
       ``(i) ensure that all homeless children and youths are 
     promptly identified;
       ``(ii) ensure that homeless children and youths have access 
     to, and are in reasonable proximity to, available education 
     and related support services; and
       ``(iii) raise the awareness of school personnel and service 
     providers of the effects of short-term stays in a shelter and 
     other challenges associated with homelessness.
       ``(D) Homeless children and youths with disabilities.--For 
     children and youth who are to be assisted both under this 
     subtitle, and under the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.) or section 504 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794), each local 
     educational agency shall coordinate the provision of services 
     under this subtitle with the provision of programs for 
     children with disabilities served by that local educational 
     agency and other involved local educational agencies.
       ``(6) Local educational agency liaison.--
       ``(A) Duties.--Each local educational agency liaison for 
     homeless children and youths, designated under paragraph 
     (1)(J)(ii), shall ensure that--
       ``(i) homeless children and youths are identified by school 
     personnel through outreach and coordination activities with 
     other entities and agencies;
       ``(ii) homeless children and youths are enrolled in, and 
     have a full and equal opportunity to succeed in, schools of 
     that local educational agency;
       ``(iii) homeless families, children, and youths have access 
     to and receive educational services for which such families, 
     children, and youths are eligible, including services through 
     Head Start, Early Head Start, early intervention, and 
     preschool programs administered by the local educational 
     agency;
       ``(iv) homeless families, children, and youths receive 
     referrals to health care services, dental services, mental 
     health and substances abuse services, housing services, and 
     other appropriate services;
       ``(v) the parents or guardians of homeless children and 
     youths are informed of the educational and related 
     opportunities available to their children and are provided 
     with meaningful opportunities to participate in the education 
     of their children;
       ``(vi) public notice of the educational rights of homeless 
     children and youths is disseminated in locations frequented 
     by parents or guardians of such children and youths, and 
     unaccompanied youths, including schools, shelters, public 
     libraries, and soup kitchens in a manner and form 
     understandable to the parents and guardians of homeless 
     children and youths, and unaccompanied youths;
       ``(vii) enrollment disputes are mediated in accordance with 
     paragraph (3)(E);
       ``(viii) the parent or guardian of a homeless child or 
     youth, and any unaccompanied youth, is fully informed of all 
     transportation services, including transportation to the 
     school of origin, as described in paragraph (1)(J)(iii), and 
     is assisted in accessing transportation to the school that is 
     selected under paragraph (3)(A);
       ``(ix) school personnel providing services under this 
     subtitle receive professional development and other support; 
     and
       ``(x) unaccompanied youths--

       ``(I) are enrolled in school;
       ``(II) have opportunities to meet the same State academic 
     standards to which other students are held, including through 
     implementation of the policies and practices required by 
     paragraph (1)(F)(ii); and
       ``(III) are informed of their status as independent 
     students under section 480 of the Higher Education Act of 
     1965 (20 U.S.C. 1087vv) and receive verification of such 
     status for purposes of the Free Application for Federal 
     Student Aid described in section 483 of such Act (20 U.S.C. 
     1090).

       ``(B) Notice.--State coordinators established under 
     subsection (d)(3) and local educational agencies shall inform 
     school personnel, service providers, advocates working with 
     homeless families, parents and guardians of homeless children 
     and youths, and homeless children and youths of the duties of 
     the local educational agency liaisons, including publishing 
     an annually updated list of the liaisons on the State 
     educational agency's website.
       ``(C) Local and state coordination.--Local educational 
     agency liaisons for homeless children and youths shall, as a 
     part of their duties, coordinate and collaborate with State 
     coordinators and community and school personnel responsible 
     for the provision of education and related services to 
     homeless children and youths. Such coordination shall include 
     collecting and providing to the State Coordinator the 
     reliable, valid, and comprehensive data needed to meet the 
     requirements of paragraphs (1) and (3) of subsection (f).
       ``(7) Review and revisions.--
       ``(A) In general.--Each State educational agency and local 
     educational agency that receives assistance under this 
     subtitle shall review and revise any policies that may act as 
     barriers to the enrollment of homeless children and youths in 
     schools that are selected under paragraph (3).
       ``(B) Consideration.--In reviewing and revising such 
     policies, consideration shall be given to issues concerning 
     transportation, immunization, residency, birth certificates, 
     school records and other documentation, and guardianship.
       ``(C) Special attention.--Special attention shall be given 
     to ensuring the enrollment and attendance of homeless 
     children and youths who are not currently attending 
     school.'';
       (8) in subsection (h)(1)(A), by striking ``fiscal year 
     2009,'' and inserting ``fiscal years 2014 through 2019,''; 
     and
       (9) in subsection (h)(4), by striking ``fiscal year 2009'' 
     and inserting ``fiscal years 2014 through 2019''.

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

       Section 723 of such Act (42 U.S.C. 11433) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``facilitating the 
     enrollment,'' and inserting ``facilitating the 
     identification, enrollment,'';
       (B) in paragraph (2)(A)--
       (i) by adding ``and'' at the end of clause (i);
       (ii) by striking ``; and'' and inserting a period at the 
     end of clause (ii); and
       (iii) by striking clause (iii); and
       (C) by adding at the end the following:
       ``(4) Duration of grants.--Subgrants awarded under this 
     section shall be for terms of not to exceed 3 years.'';
       (2) in subsection (b)--
       (A) by striking paragraph (3) and redesignating paragraphs 
     (4) and (5) as paragraphs (3) and (4), respectively; and
       (B) by adding at the end the following:
       ``(5) An assurance that the local educational agency will 
     collect and promptly provide data requested by the State 
     Coordinator pursuant to paragraphs (1) and (3) of section 
     722(f).
       ``(6) An assurance that the local educational agency has 
     removed barriers to complying with the requirements of 
     section 722(g)(1)(I).'';
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``726'' and inserting 
     ``722(a)'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by inserting ``identification,'' 
     before ``enrollment'';
       (ii) by amending subparagraph (B) to read as follows:
       ``(B) The extent to which the application reflects 
     coordination with other local and State agencies that serve 
     homeless children and youths.''; and
       (iii) in subparagraph (C), by inserting ``(as of the date 
     of submission of the application)'' after ``current 
     practice'';
       (C) in paragraph (3)--
       (i) by amending subparagraph (C) to read as follows:
       ``(C) The extent to which the applicant will promote 
     meaningful involvement of parents or guardians of homeless 
     children or youths in the education of their children.'';
       (ii) in subparagraph (D), by striking ``within'' and 
     inserting ``into'';
       (iii) in subparagraph (G)--

       (I) by striking ``Such'' and inserting ``The extent to 
     which the applicant's program meets such''; and
       (II) by striking ``case management or related'';

       (iv) by redesignating subparagraph (G) as subparagraph (I) 
     and inserting after subparagraph (F) the following:
       ``(G) The extent to which the local educational agency will 
     use the subgrant to leverage resources, including by 
     maximizing nonsubgrant funding for the position of the 
     liaison described in section 722(g)(1)(J)(ii) and the 
     provision of transportation.
       ``(H) How the local educational agency uses funds to serve 
     homeless children and youths

[[Page H4679]]

     under section 1113(c)(3) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6313(c)(3)).''; and
       (v) by adding at the end the following:
       ``(J) An assurance that the applicant will meet the 
     requirements of section 722(g)(3).''; and
       (D) by striking paragraph (4).
       (4) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``challenging State academic content 
     standards'' and inserting ``State academic standards''; and
       (ii) by striking ``and challenging State student academic 
     achievement standards'';
       (B) in paragraph (2)--
       (i) by striking ``students with limited English 
     proficiency,'' and inserting ``English learners,'' ; and
       (ii) by striking ``vocational'' and inserting ``career'';
       (C) in paragraph (3), by striking ``pupil services'' and 
     inserting ``specialized instructional support'';
       (D) in paragraph (7), by striking ``, and unaccompanied 
     youths,'' and inserting ``, particularly homeless children 
     and youths who are not enrolled in school,'';
       (E) in paragraph (9) by striking ``medical'' and inserting 
     ``other required health'';
       (F) in paragraph (10), by inserting before the period at 
     the end ``, and other activities designed to increase the 
     meaningful involvement of parents or guardians of homeless 
     children or youths in the education of their children'';
       (G) in paragraph (12), by striking ``pupil'' and inserting 
     ``specialized instructional support''; and
       (H) in paragraph (13), by inserting before the period at 
     the end ``and parental mental health or substance abuse 
     problems''.

     SEC. 704. SECRETARIAL RESPONSIBILITIES.

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

     SEC. 705. DEFINITIONS.

       Section 725 of such Act (42 U.S.C. 11434a) is amended--
       (1) in paragraph (2)(B)(iv), by striking ``1309'' and 
     inserting ``1139'' and
       (2) in paragraph (3), by striking ``9101'' and inserting 
     ``5101''

     SEC. 706. AUTHORIZATION OF APPROPRIATIONS.

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

     ``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this subtitle, there are 
     authorized to be appropriated $61,771,000 for each of fiscal 
     years 2014 through 2019.''.

  The CHAIR. No amendment to that amendment in the nature of a 
substitute shall be in order except those printed in House Report 113-
158. Each such amendment may be offered only in the order printed in 
the report, by a Member designated in the report, shall be considered 
read, shall be debatable for the time specified in the report, equally 
divided and controlled by the proponent and an opponent, may be 
withdrawn by the proponent at any time before action thereon, shall not 
be subject to amendment, and shall not be subject to a demand for 
division of the question.


                  Amendment No. 1 Offered by Mr. Kline

  The CHAIR. It is now in order to consider amendment No. 1 printed in 
House Report 113-158.
  Mr. KLINE. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 25, line 5, insert ``, at the State's discretion,'' 
     after ``and''.
       Page 28, line 13, strike ``and''.
       Page 28, line 18, strike the period and insert ``, and''.
       Page 28, after line 18, insert the following:
       ``(xiv) where practicable, be developed using the 
     principles of universal design for learning as defined in 
     section 103(24) of the Higher Education Act of 1965 (20 
     U.S.C. 1003(24)).''.
       Page 54, beginning on line 17, strike ``and early college 
     high schools'' and insert ``, early college high schools, and 
     Advanced Placement or International Baccalaureate programs''.
       Page 195, line 16, strike ``AND TRIBES'' and insert ``, 
     TRIBES, AND ALASKA NATIVE ORGANIZATIONS''.
       Page 195, line 19, strike ``and Indian tribes'' and insert 
     ``, Indian tribes, and Alaska Native organizations''.
       Page 197, after line 8, insert the following:
       ``(d) Alaska Native Organizations.--With respect to an 
     Alaska Native organization that desires to receive a grant 
     under subsection (c), subsection (c) shall be applied--
       ``(1) by substituting `Alaska Native organization' for 
     `Indian tribe'; and
       ``(2) by substituting `Alaska Native children' for `Indian 
     children'.''.
       Page 198, line 16, strike ``or Indian tribes'' and insert 
     ``, Indian tribes, or Alaska Native organizations''.
       Page 224, line 25, insert ``(including an Alaska Native 
     organization)'' after ``organization''.
       Page 236, line 8, insert ``(including Alaska Native 
     organizations)'' after ``organizations''.
       Page 236, line 10, insert ``(including Alaska Native 
     organizations)'' after ``organizations''.
       Page 237, after line 8, insert the following new paragraph:
       ``(3) Alaska native organization.--The term ``Alaska Native 
     organization'' means a federally recognized tribe, consortium 
     of tribes, regional nonprofit Native association, or another 
     organization that--
       ``(A) has or commits to acquire expertise in the education 
     of Alaska Natives; and
       ``(B) has Alaska Natives in substantive and policymaking 
     positions within the organization.''.
       Page 237, line 9, strike ``(3)'' and insert ``(4)''.
       Page 237, line 17, strike ``(4)'' and insert ``(5)''.
       Page 251, after line 8, insert the following new 
     subparagraphs:
       ``(F) representatives of public charter school authorizers;
       ``(G) public charter school leaders;''.
       Page 251, line 9, strike ``(F)'' and insert ``(H)''.
       Page 251, line 11, strike ``(G)'' and insert ``(I)''.
       Page 267, line 19, insert ``, including for teachers of 
     civic education'' after ``teachers''.
       Page 268, line 21, strike ``and dual enrollment'' and 
     insert ``, dual enrollment, Advanced Placement, or 
     International Baccalaureate''.
       Page 285, line 15, strike ``and dual enrollment'' and 
     insert ``, dual enrollment, Advanced Placement, or 
     International Baccalaureate''.
       Page 317, beginning on line 11, strike ``From the amount 
     reserved under section 3102(b)(1), the Secretary shall'' and 
     insert ``The Secretary shall not use less than 50 percent of 
     the amount reserved under section 3102(b)(1) to''.
       Page 320, line 7, strike ``both'' and insert ``more''.
       Page 320, after line 18, insert the following new 
     paragraph:
       ``(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.''.
       Page 363, line 2, strike ``and''.
       Page 363, line 7, strike the period and insert ``; and''.
       Page 363, after line 7, insert the following:
       ``(11) an assurance that the State will support projects 
     from each of the categories listed in section 3204(b)(1)(D) 
     in awarding subgrants to local educational agencies.''.
       Page 366, line 6, insert ``including civic education,'' 
     after ``programs,''.
       Page 372, after line 23, insert the following new 
     paragraph, and redesignate the succeeding paragraphs 
     accordingly:
       (1) in subsection (a)(1)(C), by amending the matter 
     preceding clause (i) to read as follows:
       ``(C) had an assessed value according to original records 
     (including facsimiles or other reproductions of those 
     records) documenting the assessed value of such property 
     (determined as of the time or times when so acquired) 
     prepared by the local officials referred to in subsection 
     (b)(3) or, when such original records are not available due 
     to unintentional destruction (such as natural disaster, fire, 
     flooding, pest infestation, or deterioration due to age), 
     other records, including Federal agency records, local 
     historical records, or other records that the Secretary

[[Page H4680]]

     determines to be appropriate and reliable, aggregating 10 
     percent or more of the assessed value of--''.
       Page 377, line 13, strike ``each of''.
       Page 377, line 14, strike ``2012, 2013, and 2014'' and 
     insert ``2012 and 2013''.
       Page 377, line 17, strike ``each of''.
       Page 377, beginning on line 17, strike ``2012, 2013, and 
     2014'' and insert ``2012 and 2013''.
       Page 470, line 7, insert ``incentivize,'' after 
     ``direct,''.
       Page 470, line 10, insert ``incentive,'' after 
     ``direction,''.
       Page 475, after line 19, insert the following new section:

     ``SEC. 5530. PROHIBITION ON REQUIRING STATE PARTICIPATION.

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

  The CHAIR. Pursuant to House Resolution 303, the gentleman from 
Minnesota (Mr. Kline) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Minnesota.
  Mr. KLINE. Mr. Chairman, I rise in support of the manager's amendment 
for H.R. 5, the Student Success Act, and I yield myself such time as I 
may consume.
  For the first time in more than a decade, we are debating 
comprehensive legislation to reauthorize the Elementary and Secondary 
Education Act in Congress. This law is woefully overdue for a rewrite. 
While some seem perfectly content to leave students and schools tied to 
an outdated law, my Republican colleagues and I know our children 
deserve better.
  The legislation before us today will help schools across America 
raise the bar and better prepare our children for a successful future. 
It will support unique student populations, protect our Nation's most 
vulnerable children and help States continue to narrow achievement 
gaps. Most importantly, the Student Success Act restores the balance 
between the Federal Government's limited role and the responsibilities 
of State and local governments to deliver an excellent education to all 
students. I would like to highlight a few technical changes included in 
the manager's amendment that will improve the underlying legislation 
and strengthen our efforts to ensure all students have access to a 
quality education.

                              {time}  1545

  To encourage more local control, the amendment specifies State 
assessments must measure individual student growth at the sole 
discretion of the State. This ensures States have maximum flexibility 
in developing their own accountability systems.
  To support effective teachers, the amendment also clarifies school 
districts may use funds for professional development programs, for 
civic education teachers, or to operate a civic education program, if 
they so choose.
  To promote parental choice and engagement, the amendment makes 
additional improvements to the charter school program ensuring equal 
funding for credit enhancement and allowing schools to use that funding 
for predevelopment.
  Finally, to further reduce the Federal footprint in our schools, the 
amendment clarifies States may opt out of funding under the Elementary 
and Secondary Education Act entirely, freeing them from any 
requirements that would otherwise come tied to those Federal education 
resources.
  Mr. Chairman, nothing is more important to the future of this Nation 
than the success of our children, and right now Federal education law 
isn't helping students gain the skills and knowledge they need. Our 
children deserve better. With passage of this legislation today, we can 
take a critical step forward in the fight for real education reform.
  I strongly urge my colleagues to support the manager's amendment and 
the Student Success Act, and I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I rise in opposition 
to the amendment.
  The CHAIR. The gentleman is recognized for 5 minutes.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself 1 
minute.
  For the most part, this manager's amendment is technical changes to 
the underlying bill. For the same reasons that I oppose the underlying 
bill, I oppose the manager's amendment.
  I yield back the balance of my time.
  Mr. KLINE. Mr. Chairman, I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Minnesota (Mr. Kline).
  The amendment was agreed to.


             Amendment No. 2 Offered by Mr. Young of Alaska

  The CHAIR. It is now in order to consider amendment No. 2 printed in 
House Report 113-158.
  Mr. YOUNG of Alaska. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       (Page and line nos. refer to Rules Committee Print 113-18)
       Page 4, line 21, after the dollar amount insert ``(reduced 
     by $195,399,345)''.
       Page 9, strike lines 2 and 3.
       Page 11, strike line 3.
       Page 11, strike lines 19 and 20.
       Page 194, strike line 1 and all that follows through page 
     238, line 15.
       Page 487, strike lines 13 through 16 and insert the 
     following (and amend the table of contents accordingly):

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

     SEC. 601. THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO 
                   AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE 
                   HAWAIIAN EDUCATION.

       Title VI of the Act (20 U.S.C. 7301 et seq.) is amended to 
     read as follows:

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

                       ``Part A--Indian Education

     ``SEC. 6101. STATEMENT OF POLICY.

       ``It is the policy of the United States to fulfill the 
     Federal Government's unique and continuing trust relationship 
     with, and responsibility to, the Indian people for the 
     education of Indian children. The Federal Government will 
     continue to work with local educational agencies, Indian 
     tribes and organizations, postsecondary institutions, and 
     other entities toward the goal of ensuring that programs that 
     serve Indian children are of the highest quality and provide 
     for not only the basic elementary and secondary educational 
     needs, but also the unique educational and culturally related 
     academic needs of these children.

     ``SEC. 6102. PURPOSE.

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

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

     ``SEC. 6111. PURPOSE.

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

     ``SEC. 6112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.

       ``(a) In General.--In accordance with this section and 
     section 6113, the Secretary may make grants from allocations 
     made under section 6113, to--
       ``(1) local educational agencies;
       ``(2) Indian tribes;
       ``(3) Indian organizations; and
       ``(4) Alaska Native Organizations
       ``(b) Local Educational Agencies.--
       ``(1) Enrollment requirements.--A local educational agency 
     shall be eligible for a grant under this subpart for any 
     fiscal year if the number of Indian children eligible under 
     section 6117 who were enrolled in the schools of the agency, 
     and to whom the agency provided free public education, during 
     the preceding fiscal year--
       ``(A) was at least 10; or
       ``(B) constituted not less than 25 percent of the total 
     number of individuals enrolled in the schools of such agency.
       ``(2) Exclusion.--The requirement of paragraph (1) shall 
     not apply in Alaska, California, or Oklahoma, or with respect 
     to any local educational agency located on, or in proximity 
     to, an Indian reservation.
       ``(c) Indian Tribes, Indian Organizations, Alaska Native 
     Organizations, and Consortia.--
       ``(1) In general.--If a local educational agency that is 
     otherwise eligible for a grant under this subpart does not 
     establish a committee under section 6114(c)(4) for such

[[Page H4681]]

     grant, an Indian tribe, Indian organization, Alaska Native 
     Organization, or consortium of such entities that represents 
     not less than 1/3 of the eligible Indian or Alaska Native 
     children who are served by such local educational agency may 
     apply for such grant.
       ``(2) Special rule.--
       ``(A) In general.--The Secretary shall treat each Indian 
     tribe, Indian organization, Alaska Native Organization, or 
     consortium of such entities applying for a grant pursuant to 
     paragraph (1) as if such applicant were a local educational 
     agency for purposes of this subpart.
       ``(B) Exceptions.--Notwithstanding subparagraph (A), such 
     Indian tribe, Indian organization, Alaska Native 
     Organization, or consortium of such entities shall not be 
     subject to the requirements of section 6114(c)(5), 6118(c), 
     or 6119.
       ``(3) Eligibility.--If more than 1 applicant qualifies to 
     apply for a grant under paragraph (1), the entity that 
     represents the most eligible Indian and Alaska Native 
     children who are served by the local educational agency shall 
     be eligible to receive the grant or the applicants may apply 
     in consortium and jointly operate a program.
       ``(d) Indian and Alaska Native Community-based 
     Organizations.--
       ``(1) In general.--If no local educational agency pursuant 
     to subsection (b), and no Indian tribe, tribal organization, 
     Alaska Native Organization, or consortium pursuant to 
     subsection (c), applies for a grant under this subpart, 
     Indian and Alaska Native community-based organizations 
     serving the community of the local educational agency may 
     apply for the grant.
       ``(2) Applicability of special rule.--The Secretary shall 
     apply the special rule in subsection (c)(2) to a community-
     based organization applying or receiving a grant under 
     paragraph (1) in the same manner as such rule applies to an 
     Indian tribe, Indian organization, Alaska Native 
     Organization, or consortium.
       ``(3) Definition of indian and alaska native community-
     based organizations.--In this subsection, the term `Indian 
     and Alaska Native community-based organizations' means any 
     organizations that--
       ``(A) are composed primarily of the family members of 
     Indian or Alaska Native students, Indian or Alaska Native 
     community members, tribal government education officials, and 
     tribal members from a specific community;
       ``(B) assist in the social, cultural, and educational 
     development of Indians or Alaska Natives in such community;
       ``(C) meet the unique cultural, language, and academic 
     needs of Indian or Alaska Native students; and
       ``(D) demonstrate organizational and administrative 
     capacity to effectively manage the grant.

     ``SEC. 6113. AMOUNT OF GRANTS.

       ``(a) Amount of Grant Awards.--
       ``(1) In general.--Except as provided in subsection (b) and 
     paragraph (2), the Secretary shall allocate to each local 
     educational agency that has an approved application under 
     this subpart an amount equal to the product of--
       ``(A) the number of Indian children who are eligible under 
     section 6117 and served by such agency; and
       ``(B) the greater of--
       ``(i) the average per pupil expenditure of the State in 
     which such agency is located; or
       ``(ii) 80 percent of the average per pupil expenditure of 
     all the States.
       ``(2) Reduction.--The Secretary shall reduce the amount of 
     each allocation otherwise determined under this section in 
     accordance with subsection (e).
       ``(b) Minimum Grant.--
       ``(1) In general.--Notwithstanding subsection (e), an 
     entity that is eligible for a grant under section 6112, and a 
     school that is operated or supported by the Bureau of Indian 
     Education that is eligible for a grant under subsection (d), 
     that submits an application that is approved by the 
     Secretary, shall, subject to appropriations, receive a grant 
     under this subpart in an amount that is not less than $3,000.
       ``(2) Consortia.--Local educational agencies may form a 
     consortium for the purpose of obtaining grants under this 
     subpart.
       ``(3) Increase.--The Secretary may increase the minimum 
     grant under paragraph (1) to not more than $4,000 for all 
     grantees if the Secretary determines such increase is 
     necessary to ensure the quality of the programs provided.
       ``(c) Definition.--For the purpose of this section, the 
     term average per pupil expenditure'', used with respect to a 
     State, means an amount equal to--
       ``(1) the sum of the aggregate current expenditures of all 
     the local educational agencies in the State, plus any direct 
     current expenditures by the State for the operation of such 
     agencies, without regard to the sources of funds from which 
     such local or State expenditures were made, during the second 
     fiscal year preceding the fiscal year for which the 
     computation is made; divided by
       ``(2) the aggregate number of children who were included in 
     average daily attendance for whom such agencies provided free 
     public education during such preceding fiscal year.
       ``(d) Schools Operated or Supported by the Bureau of Indian 
     Education.--
       ``(1) In general.--Subject to subsection (e), in addition 
     to the grants awarded under subsection (a), the Secretary 
     shall allocate to the Secretary of the Interior an amount 
     equal to the product of--
       ``(A) the total number of Indian children enrolled in 
     schools that are operated by--
       ``(i) the Bureau of Indian Education; or
       ``(ii) an Indian tribe, or an organization controlled or 
     sanctioned by an Indian tribal government, for the children 
     of that tribe under a contract with, or grant from, the 
     Department of the Interior under the Indian Self-
     Determination Act or the Tribally Controlled Schools Act of 
     1988; and
       ``(B) the greater of--
       ``(i) the average per pupil expenditure of the State in 
     which the school is located; or
       ``(ii) 80 percent of the average per pupil expenditure of 
     all the States.
       ``(2) Special rule.--Any school described in paragraph 
     (1)(A) that wishes to receive an allocation under this 
     subpart shall submit an application in accordance with 
     section 6114, and shall otherwise be treated as a local 
     educational agency for the purpose of this subpart, except 
     that such school shall not be subject to section 6114(c)(5), 
     section 6118(c), or section 6119.
       ``(e) Ratable Reductions.--If the sums appropriated for any 
     fiscal year to carry out this subpart are insufficient to pay 
     in full the amounts determined for local educational agencies 
     under subsection (a)(1) and for the Secretary of the Interior 
     under subsection (d), each of those amounts shall be ratably 
     reduced.

     ``SEC. 6114. APPLICATIONS.

       ``(a) Application Required.--Each local educational agency 
     that desires to receive a grant under this subpart shall 
     submit an application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     reasonably require.
       ``(b) Comprehensive Program Required.--Each application 
     submitted under subsection (a) shall include a description of 
     a comprehensive program for meeting the needs of Indian and 
     Alaska Native children served by the local educational 
     agency, including the language and cultural needs of the 
     children, that--
       ``(1) describes how the comprehensive program will offer 
     programs and activities to meet the culturally related 
     academic needs of American Indian and Alaska Native students;
       ``(2)(A) is consistent with the State, tribal, and local 
     plans submitted under other provisions of this Act; and
       ``(B) includes academic content and student academic 
     achievement goals for such children, and benchmarks for 
     attaining such goals, that are based on State academic 
     content and student academic achievement standards adopted 
     under title I for all children;
       ``(3) explains how the local educational agency will use 
     the funds made available under this subpart to supplement 
     other Federal, State, and local programs that serve such 
     students;
       ``(4) demonstrates how funds made available under this 
     subpart will be used for activities described in section 
     6115;
       ``(5) describes the professional development opportunities 
     that will be provided, as needed, to ensure that--
       ``(A) teachers and other school professionals who are new 
     to the Indian or Alaska Native community are prepared to work 
     with Indian and Alaska Native children;
       ``(B) all teachers who will be involved in programs 
     assisted under this subpart have been properly trained to 
     carry out such programs; and
       ``(C) those family members of Indian and Alaska Native 
     children and representatives of tribes who are on the 
     committee described in (c)(5) will participate in the 
     planning of professional development materials
       ``(6) describes how the local educational agency--
       ``(A) will periodically assess the progress of all Indian 
     children enrolled in the schools of the local educational 
     agency, including Indian children who do not participate in 
     programs assisted under this subpart, in meeting the goals 
     described in paragraph (2);
       ``(B) will provide the results of each assessment referred 
     to in subparagraph (A) to--
       ``(i) the committee described in subsection (c)(5); and
       ``(ii) the community served by the local educational 
     agency; and
       ``(iii) the tribes whose children are served by the local 
     educational agency
       ``(C) is responding to findings of any previous assessments 
     that are similar to the assessments described in subparagraph 
     (A); and
       ``(7) explicitly delineates--
       ``(A) a formal, collaborative process that the local 
     educational agency used to directly involve tribes, Indian 
     organizations, or Alaska Native Organizations in the 
     development of the comprehensive programs and the results of 
     such process; and
       ``(B) how the local educational agency plans to ensure that 
     tribes, Indian organizations, or Alaska Native Organizations 
     will play an active, meaningful, and ongoing role in the 
     functioning of the comprehensive programs.
       ``(c) Assurances.--Each application submitted under 
     subsection (a) shall include assurances that--
       ``(1) the local educational agency will use funds received 
     under this subpart only to supplement the funds that, in the 
     absence of the Federal funds made available under this 
     subpart, such agency would make available for services 
     described in this subsection, and not to supplant such funds;
       ``(2) the local educational agency will use funds received 
     under this subpart only for

[[Page H4682]]

     activities described and authorized under this subpart;
       ``(3) the local educational agency will prepare and submit 
     to the Secretary such reports, in such form and containing 
     such information, as the Secretary may require to--
       ``(A) carry out the functions of the Secretary under this 
     subpart; and
       ``(B) determine the extent to which activities carried out 
     with funds provided to the local educational agency under 
     this subpart are effective in improving the educational 
     achievement of Indian and Alaska Native students served by 
     such agency; and
       ``(C) determine the extent to which such activities address 
     the unique cultural, language, and educational needs of 
     Indian students.
       ``(4) the program for which assistance is sought--
       ``(A) is based on a comprehensive local assessment and 
     prioritization of the unique educational and culturally 
     related academic needs of the American Indian and Alaska 
     Native students for whom the local educational agency is 
     providing an education;
       ``(B) will use the best available talents and resources, 
     including individuals from the Indian or Alaska Native 
     community; and
       ``(C) was developed by such agency in open consultation 
     with the families of Indian or Alaska Native children, Indian 
     or Alaska Native teachers, Indian or Alaska Native students 
     from secondary schools, and representatives of tribes, Indian 
     organizations, or Alaska Native Organizations in the 
     community including through public hearings held by such 
     agency to provide to the individuals described in this 
     subparagraph a full opportunity to understand the program and 
     to offer recommendations regarding the program; and
       ``(5) the local educational agency developed the program 
     with the participation and written approval of a committee--
       ``(A) that is composed of, and selected by--
       ``(i) family members of Indian and Alaska Native children 
     that are attending the local educational agency's schools;
       ``(ii) teachers in the schools; and
       ``(iii) Indian and Alaska Native students attending 
     secondary schools of the agency;
       ``(B) a majority of whose members are family members of 
     Indian and Alaska Native children that are attending the 
     local educational agency's schools;
       ``(C) that has set forth such policies and procedures, 
     including policies and procedures relating to the hiring of 
     personnel, as will ensure that the program for which 
     assistance is sought will be operated and evaluated in 
     consultation with, and with the involvement of, parents of 
     the children, and representatives of the area, to be served;
       ``(D) with respect to an application describing a 
     schoolwide program in accordance with section 6115(c), that 
     has--
       ``(i) reviewed in a timely fashion the program; and
       ``(ii) determined that the program will not diminish the 
     availability of culturally related activities for American 
     Indian and Alaska Native students; and
       ``(iii) will directly enhance the educational experience of 
     American Indian and Alaska Native students; and
       ``(E) that has adopted reasonable bylaws for the conduct of 
     the activities of the committee and abides by such bylaws.
       ``(6) the local educational agency conducted adequate 
     outreach to family members to meet the requirements under 
     subsection (c)(5).

     ``SEC. 6115. AUTHORIZED SERVICES AND ACTIVITIES.

       ``(a) General Requirements.--Each local educational agency 
     that receives a grant under this subpart shall use the grant 
     funds, in a manner consistent with the purpose specified in 
     section 6111, for services and activities that--
       ``(1) are designed to carry out the comprehensive program 
     of the local educational agency for Indian students, and 
     described in the application of the local educational agency 
     submitted to the Secretary under section 6114(a) solely for 
     the services and activities described in such application;
       ``(2) are designed with special regard for the language and 
     cultural needs of the Indian students; and
       ``(3) supplement and enrich the regular school program of 
     such agency.
       ``(b) Particular Activities.--The services and activities 
     referred to in subsection (a) may include--
       ``(1) activities that support Native American language 
     immersion programs and Native American language restoration 
     programs, which may be taught by traditional leaders;
       ``(2) culturally related activities that support the 
     program described in the application submitted by the local 
     educational agency;
       ``(3) early childhood and family programs that emphasize 
     school readiness;
       ``(4) enrichment programs that focus on problem solving and 
     cognitive skills development and directly support the 
     attainment of challenging State academic content and student 
     academic achievement standards;
       ``(5) integrated educational services in combination with 
     other programs including programs that enhance student 
     achievement by promoting increased involvement of parents and 
     families in school activities;
       ``(6) career preparation activities to enable Indian 
     students to participate in programs such as the programs 
     supported by the Carl D. Perkins Career and Technical 
     Education Improvement Act of 2006, including programs for 
     tech-prep education, mentoring, and apprenticeship;
       ``(7) activities to educate individuals so as to prevent 
     violence, suicide, and substance abuse;
       ``(8) the acquisition of equipment, but only if the 
     acquisition of the equipment is essential to achieve the 
     purpose described in section 6111;
       ``(9) activities that promote the incorporation of 
     culturally responsive teaching and learning strategies into 
     the educational program of the local educational agency;
       ``(10) activities that incorporate culturally and 
     linguistically relevant curriculum content into classroom 
     instruction that is responsive to the unique learning styles 
     of Indian and Alaska Native children and ensures that 
     children are better able to meet State standards;;
       ``(11) family literacy services;
       ``(12) activities that recognize and support the unique 
     cultural and educational needs of Indian children, and 
     incorporate appropriately qualified tribal elders and 
     seniors;
       ``(13) dropout prevention strategies for Indian and Alaska 
     Native students; and
       ``(14) strategies to meet the educational needs of at-risk 
     Indian students in correctional facilities, including such 
     strategies that support Indian and Alaska Native students who 
     are transitioning from such facilities to schools served by 
     local educational agencies;
       ``(c) Schoolwide Programs.--Notwithstanding any other 
     provision of law, a local educational agency may use funds 
     made available to such agency under this subpart to support a 
     schoolwide program under section 1114 if--
       ``(1) the committee established pursuant to section 
     6114(c)(5) approves the use of the funds for the schoolwide 
     program;
       ``(2) the schoolwide program is consistent with the purpose 
     described in section 6111; and
       ``(3) the local educational agency identifies in its 
     application how the use of such funds in a schoolwide program 
     will produce benefits to the American Indian and Alaska 
     Native students that would not be achieved if the funds were 
     not used in a schoolwide program.
       ``(d) Limitation on Administrative Costs.--Not more than 5 
     percent of the funds provided to a grantee under this subpart 
     for any fiscal year may be used for administrative purposes.
       ``(e) Limitation on the Use of Funds.--Funds provided to a 
     grantee under this subpart may not be used for long-distance 
     travel expenses for training activities available locally or 
     regionally.

     ``SEC. 6116. INTEGRATION OF SERVICES AUTHORIZED.

       ``(a) Plan.--An entity receiving funds under this subpart 
     may submit a plan to the Secretary for the integration of 
     education and related services provided to Indian students.
       ``(b) Consolidation of Programs.--Upon the receipt of an 
     acceptable plan under subsection (a), the Secretary, in 
     cooperation with each Federal agency providing grants for the 
     provision of education and related services to the entity, 
     shall authorize the entity to consolidate, in accordance with 
     such plan, the federally funded education and related 
     services programs of the entity and the Federal programs, or 
     portions of the programs, serving Indian students in a manner 
     that integrates the program services involved into a single, 
     coordinated, comprehensive program and reduces administrative 
     costs by consolidating administrative functions.
       ``(c) Programs Affected.--The funds that may be 
     consolidated in a demonstration project under any such plan 
     referred to in subsection (a) shall include funds for any 
     Federal program exclusively serving Indian children, or the 
     funds reserved under any Federal program to exclusively serve 
     Indian children, under which the entity is eligible for 
     receipt of funds under a statutory or administrative formula 
     for the purposes of providing education and related services 
     that would be used to serve Indian students.
       ``(d) Plan Requirements.--For a plan to be acceptable 
     pursuant to subsection (b), the plan shall--
       ``(1) identify the programs or funding sources to be 
     consolidated;
       ``(2) be consistent with the objectives of this section 
     concerning authorizing the services to be integrated in a 
     demonstration project;
       ``(3) describe a comprehensive strategy that identifies the 
     full range of potential educational opportunities and related 
     services to be provided to assist Indian students to achieve 
     the objectives set forth in this subpart;
       ``(4) describe the way in which services are to be 
     integrated and delivered and the results expected from the 
     plan;
       ``(5) identify the projected expenditures under the plan in 
     a single budget;
       ``(6) identify the State, tribal, or local agency or 
     agencies to be involved in the delivery of the services 
     integrated under the plan;
       ``(7) identify any statutory provisions, regulations, 
     policies, or procedures that the entity believes need to be 
     waived in order to implement the plan;
       ``(8) set forth measures for academic content and student 
     academic achievement goals designed to be met within a 
     specific period of time; and

[[Page H4683]]

       ``(9) be approved by a committee formed in accordance with 
     section 6114(c)(5), if such a committee exists.
       ``(e) Plan Review.--Upon receipt of the plan from an 
     eligible entity, the Secretary shall consult with the 
     Secretary of each Federal department providing funds to be 
     used to implement the plan, and with the entity submitting 
     the plan. The parties so consulting shall identify any 
     waivers of statutory requirements or of Federal departmental 
     regulations, policies, or procedures necessary to enable the 
     entity to implement the plan. Notwithstanding any other 
     provision of law, the Secretary of the affected department 
     shall have the authority to waive any regulation, policy, or 
     procedure promulgated by that department that has been so 
     identified by the entity or department, unless the Secretary 
     of the affected department determines that such a waiver is 
     inconsistent with the objectives of this subpart or those 
     provisions of the statute from which the program involved 
     derives authority that are specifically applicable to Indian 
     students.
       ``(f) Plan Approval.--Within 90 days after the receipt of 
     an entity's plan by the Secretary, the Secretary shall inform 
     the entity, in writing, of the Secretary's approval or 
     disapproval of the plan. If the plan is disapproved, the 
     entity shall be informed, in writing, of the reasons for the 
     disapproval and shall be given an opportunity to amend the 
     plan or to petition the Secretary to reconsider such 
     disapproval.
       ``(g) Responsibilities of Department of Education.--Not 
     later than 180 days after the date of enactment of the 
     Student Success Act of 2013, the Secretary of Education, the 
     Secretary of the Interior, the Secretary of the Department of 
     Health and Human Services, and the head of any other Federal 
     department or agency identified by the Secretary of 
     Education, shall enter into an interdepartmental memorandum 
     of agreement providing for the implementation and 
     coordination of the demonstration projects authorized under 
     this section. The lead agency head for a demonstration 
     project under this section shall be--
       ``(1) the Secretary of the Interior, in the case of an 
     entity meeting the definition of a contract or grant school 
     under title XI of the Education Amendments of 1978; or
       ``(2) the Secretary of Education, in the case of any other 
     entity.
       ``(h) Responsibilities of Lead Agency.--The 
     responsibilities of the lead agency shall include--
       ``(1) the use of a single report format related to the plan 
     for the individual project, which shall be used by an 
     eligible entity to report on the activities undertaken under 
     the project;
       ``(2) the use of a single report format related to the 
     projected expenditures for the individual project which shall 
     be used by an eligible entity to report on all project 
     expenditures;
       ``(3) the development of a single system of Federal 
     oversight for the project, which shall be implemented by the 
     lead agency; and
       ``(4) the provision of technical assistance to an eligible 
     entity appropriate to the project, except that an eligible 
     entity shall have the authority to accept or reject the plan 
     for providing such technical assistance and the technical 
     assistance provider.
       ``(i) Report Requirements.--A single report format shall be 
     developed by the Secretary, consistent with the requirements 
     of this section. Such report format shall require that 
     reports described in subsection (h), together with records 
     maintained on the consolidated program at the local level, 
     shall contain such information as will allow a determination 
     that the eligible entity has complied with the requirements 
     incorporated in its approved plan, including making a 
     demonstration of student academic achievement, and will 
     provide assurances to each Secretary that the eligible entity 
     has complied with all directly applicable statutory 
     requirements and with those directly applicable regulatory 
     requirements that have not been waived.
       ``(j) No Reduction in Amounts.--In no case shall the amount 
     of Federal funds available to an eligible entity involved in 
     any demonstration project be reduced as a result of the 
     enactment of this section.
       ``(k) Interagency Fund Transfers Authorized.--The Secretary 
     is authorized to take such action as may be necessary to 
     provide for an interagency transfer of funds otherwise 
     available to an eligible entity in order to further the 
     objectives of this section.
       ``(l) Administration of Funds.--
       ``(1) In general.--Program funds for the consolidated 
     programs shall be administered in such a manner as to allow 
     for a determination that funds from a specific program are 
     spent on allowable activities authorized under such program, 
     except that the eligible entity shall determine the 
     proportion of the funds granted that shall be allocated to 
     such program.
       ``(2) Separate records not required.--Nothing in this 
     section shall be construed as requiring the eligible entity 
     to maintain separate records tracing any services or 
     activities conducted under the approved plan to the 
     individual programs under which funds were authorized for the 
     services or activities, nor shall the eligible entity be 
     required to allocate expenditures among such individual 
     programs.
       ``(m) Overage.--The eligible entity may commingle all 
     administrative funds from the consolidated programs and shall 
     be entitled to the full amount of such funds (under each 
     program's or agency's regulations). The overage (defined as 
     the difference between the amount of the commingled funds and 
     the actual administrative cost of the programs) shall be 
     considered to be properly spent for Federal audit purposes, 
     if the overage is used for the purposes provided for under 
     this section.
       ``(n) Fiscal Accountability.--Nothing in this part shall be 
     construed so as to interfere with the ability of the 
     Secretary or the lead agency to fulfill the responsibilities 
     for the safeguarding of Federal funds pursuant to chapter 75 
     of title 31, United States Code.
       ``(o) Report on Statutory Obstacles to Program 
     Integration.--
       ``(1) Preliminary report.--Not later than 2 years after the 
     date of enactment of the Student Success Act of 2013, the 
     Secretary of Education shall submit a preliminary report to 
     the Committee on Education and the Workforce and the 
     Committee on Natural Resources of the House of 
     Representatives. and the Committee on Health, Education, 
     Labor, and Pensions and the Committee on Indian Affairs of 
     the Senate on the status of the implementation of the 
     demonstration projects authorized under this section.
       ``(2) Final report.--Not later than 5 years after the date 
     of enactment of the Student Success Act of 2013, the 
     Secretary of Education shall submit a report to the Committee 
     on Education and the Workforce and the Committee on Natural 
     Resources of the House of Representatives and the Committee 
     on Health, Education, Labor, and Pensions and the Committee 
     on Indian Affairs of the Senate on the results of the 
     implementation of the demonstration projects authorized under 
     this section. Such report shall identify statutory barriers 
     to the ability of participants to integrate more effectively 
     their education and related services to Indian students in a 
     manner consistent with the objectives of this section.
       ``(p) Definitions.--For the purposes of this section, the 
     term ``Secretary'' means--
       ``(1) the Secretary of the Interior, in the case of an 
     entity meeting the definition of a contract or grant school 
     under title XI of the Education Amendments of 1978; or
       ``(2) the Secretary of Education, in the case of any other 
     entity.

     ``SEC. 6117. STUDENT ELIGIBILITY FORMS.

       ``(a) In General.--The Secretary shall require that, as 
     part of an application for a grant under this subpart, each 
     applicant shall maintain a file, with respect to each Indian 
     child for whom the local educational agency provides a free 
     public education, that contains a form that sets forth 
     information establishing the status of the child as an Indian 
     child eligible for assistance under this subpart, and that 
     otherwise meets the requirements of subsection (b).
       ``(b) Forms.--The form described in subsection (a) shall 
     include--
       ``(1) either--
       ``(A)(i) the name of the tribe or band of Indians (as 
     defined in section 6151) with respect to which the child 
     claims membership;
       ``(ii) the enrollment or membership number establishing the 
     membership of the child (if readily available); and
       ``(iii) the name and address of the organization that 
     maintains updated and accurate membership data for such tribe 
     or band of Indians; or
       ``(B) the name, the enrollment or membership number (if 
     readily available), and the name and address of the 
     organization responsible for maintaining updated and accurate 
     membership data, of any parent or grandparent of the child 
     from whom the child claims eligibility under this subpart, if 
     the child is not a member of the tribe or band of Indians (as 
     so defined);
       ``(2) a statement of whether the tribe or band of Indians 
     (as so defined), with respect to which the child, or parent 
     or grandparent of the child, claims membership, is federally 
     recognized;
       ``(3) the name and address of the parent or legal guardian 
     of the child;
       ``(4) a signature of the parent or legal guardian of the 
     child that verifies the accuracy of the information supplied; 
     and
       ``(5) any other information that the Secretary considers 
     necessary to provide an accurate program profile.
       ``(c) Statutory Construction.--Nothing in this section 
     shall be construed to affect a definition contained in 
     section 6151.
       ``(d) Documentation and Types of Proof.--
       ``(1) Types of proof.--For purposes of determining whether 
     a child is eligible to be counted for the purpose of 
     computing the amount of a grant award under section 6113, the 
     membership of the child, or any parent or grandparent of the 
     child, in a tribe or band of Indians (as so defined) may be 
     established by proof other than an enrollment number, 
     notwithstanding the availability of an enrollment number for 
     a member of such tribe or band. Nothing in subsection (b) 
     shall be construed to require the furnishing of an enrollment 
     number.
       ``(2) No new or duplicative determinations.--Once a child 
     is determined to be an Indian eligible to be counted for such 
     grant award, the local education agency shall maintain a 
     record of such determination and shall not require a new or 
     duplicate determination to be made for such child for a 
     subsequent application for a grant under this subpart.
       ``(3) Previously filed forms.--An Indian student 
     eligibility form that was on file as required by this section 
     on the day before the date of enactment of the Student 
     Success Act of 2013 and that met the requirements of this 
     section, as this section was in

[[Page H4684]]

     effect on the day before the date of enactment of such Act, 
     shall remain valid for such Indian student.
       ``(e) Monitoring and Evaluation Review.--
       ``(1) In general.--
       ``(A) Review.--For each fiscal year, in order to provide 
     such information as is necessary to carry out the 
     responsibility of the Secretary to provide technical 
     assistance under this subpart, the Secretary shall conduct a 
     monitoring and evaluation review of a sampling of the 
     recipients of grants under this subpart. The sampling 
     conducted under this subparagraph shall take into account the 
     size of and the geographic location of each local educational 
     agency.
       ``(B) Exception.--A local educational agency may not be 
     held liable to the United States or be subject to any 
     penalty, by reason of the findings of an audit that relates 
     to the date of completion, or the date of submission, of any 
     forms used to establish, before April 28, 1988, the 
     eligibility of a child for an entitlement under the Indian 
     Elementary and Secondary School Assistance Act.
       ``(2) False information.--Any local educational agency that 
     provides false information in an application for a grant 
     under this subpart shall--
       ``(A) be ineligible to apply for any other grant under this 
     subpart; and
       ``(B) be liable to the United States for any funds from the 
     grant that have not been expended.
       ``(3) Excluded children.--A student who provides false 
     information for the form required under subsection (a) shall 
     not be counted for the purpose of computing the amount of a 
     grant under section 6113.
       ``(f) Tribal Grant and Contract Schools.--Notwithstanding 
     any other provision of this section, in calculating the 
     amount of a grant under this subpart to a tribal school that 
     receives a grant or contract from the Bureau of Indian 
     Education, the Secretary shall use only one of the following, 
     as selected by the school:
       ``(1) A count of the number of students in the schools 
     certified by the Bureau.
       ``(2) A count of the number of students for whom the school 
     has eligibility forms that comply with this section.
       ``(g) Timing of Child Counts.--For purposes of determining 
     the number of children to be counted in calculating the 
     amount of a local educational agency's grant under this 
     subpart (other than in the case described in subsection 
     (f)(1)), the local educational agency shall--
       ``(1) establish a date on, or a period not longer than 31 
     consecutive days during, which the agency counts those 
     children, if that date or period occurs before the deadline 
     established by the Secretary for submitting an application 
     under section 6114; and
       ``(2) determine that each such child was enrolled, and 
     receiving a free public education, in a school of the agency 
     on that date or during that period, as the case may be.

     ``SEC. 6118. PAYMENTS.

       ``(a) In General.--Subject to subsections (b) and (c), the 
     Secretary shall pay to each local educational agency that 
     submits an application that is approved by the Secretary 
     under this subpart the amount determined under section 6113. 
     The Secretary shall notify the local educational agency of 
     the amount of the payment not later than June 1 of the year 
     for which the Secretary makes the payment.
       ``(b) Payments Taken Into Account by the State.--The 
     Secretary may not make a grant under this subpart to a local 
     educational agency for a fiscal year if, for such fiscal 
     year, the State in which the local educational agency is 
     located takes into consideration payments made under this 
     chapter in determining the eligibility of the local 
     educational agency for State aid, or the amount of the State 
     aid, with respect to the free public education of children 
     during such fiscal year or the preceding fiscal year.
       ``(c) Reduction of Payment for Failure to Maintain Fiscal 
     Effort.--
       ``(1) In general.--The Secretary may not pay a local 
     educational agency the full amount of a grant award 
     determined under section 6113 for any fiscal year unless the 
     State educational agency notifies the Secretary, and the 
     Secretary determines, that with respect to the provision of 
     free public education by the local educational agency for the 
     preceding fiscal year, the combined fiscal effort of the 
     local educational agency and the State, computed on either a 
     per student or aggregate expenditure basis, was not less than 
     90 percent of the amount of the combined fiscal effort, 
     computed on the same basis, for the second preceding fiscal 
     year.
       ``(2) Failure to maintain effort.--If, for the preceding 
     fiscal year, the Secretary determines that a local 
     educational agency and State failed to maintain the combined 
     fiscal effort for such agency at the level specified in 
     paragraph (1), the Secretary shall--
       ``(A) reduce the amount of the grant that would otherwise 
     be made to such agency under this subpart in the exact 
     proportion of the failure to maintain the fiscal effort at 
     such level; and
       ``(B) not use the reduced amount of the agency and State 
     expenditures for the preceding year to determine compliance 
     with paragraph (1) for any succeeding fiscal year, but shall 
     use the amount of expenditures that would have been required 
     to comply with paragraph (1).
       ``(3) Waiver.--
       ``(A) In general.--The Secretary may waive the requirement 
     of paragraph (1) for a local educational agency, for not more 
     than 1 year at a time, if the Secretary determines that the 
     failure to comply with such requirement is due to exceptional 
     or uncontrollable circumstances, such as a natural disaster 
     or a precipitous and unforeseen decline in the agency's 
     financial resources.
       ``(B) Future determinations.--The Secretary shall not use 
     the reduced amount of the agency's expenditures for the 
     fiscal year preceding the fiscal year for which a waiver is 
     granted to determine compliance with paragraph (1) for any 
     succeeding fiscal year, but shall use the amount of 
     expenditures that would have been required to comply with 
     paragraph (1) in the absence of the waiver.
       ``(d) Reallocations.--The Secretary may reallocate, in a 
     manner that the Secretary determines will best carry out the 
     purpose of this subpart, any amounts that--
       ``(1) based on estimates made by local educational agencies 
     or other information, the Secretary determines will not be 
     needed by such agencies to carry out approved programs under 
     this subpart; or
       ``(2) otherwise become available for reallocation under 
     this subpart.

     ``SEC. 6119. STATE EDUCATIONAL AGENCY REVIEW.

       ``Before submitting an application to the Secretary under 
     section 6114, a local educational agency shall submit the 
     application to the State educational agency, which may 
     comment on such application. If the State educational agency 
     comments on the application, the agency shall comment on all 
     applications submitted by local educational agencies in the 
     State and shall provide those comments to the respective 
     local educational agencies, with an opportunity to respond.

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

     ``SEC. 6121. SPECIAL PROGRAMS AND PROJECTS TO IMPROVE 
                   EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN 
                   AND YOUTH.

       ``(a) Purpose.--
       ``(1) In general.--It is the purpose of this section to 
     support projects to develop, test, and demonstrate the 
     effectiveness of services and programs to improve educational 
     opportunities and achievement of Indian children and youth.
       ``(2) Coordination.--The Secretary shall take the necessary 
     actions to achieve the coordination of activities assisted 
     under this subpart with--
       ``(A) other programs funded under this Act; and
       ``(B) other Federal programs operated for the benefit of 
     American Indian and Alaska Native children and youth.
       ``(b) Eligible Entities.--In this section, the term 
     ``eligible entity'' means a State educational agency, local 
     educational agency, Indian tribe, Indian organization, 
     federally supported elementary school or secondary school for 
     Indian students, Indian institution (including an Indian 
     institution of higher education), Alaska Native Organization, 
     or a consortium of such entities.
       ``(c) Grants Authorized.--
       ``(1) In general.--The Secretary shall award grants to 
     eligible entities to enable such entities to carry out 
     activities that meet the purpose of this section, including--
       ``(A) innovative programs related to the educational needs 
     of educationally disadvantaged children and youth;
       ``(B) educational services that are not available to such 
     children and youth in sufficient quantity or quality, 
     including remedial instruction, to raise the achievement of 
     Indian and Alaska Native children in one or more of the core 
     academic subjects of English, mathematics, science, foreign 
     languages, art, history, and geography;
       ``(C) bilingual and bicultural programs and projects;
       ``(D) special health and nutrition services, and other 
     related activities, that address the special health, social, 
     emotional, and psychological problems of Indian children;
       ``(E) special compensatory and other programs and projects 
     designed to assist and encourage Indian children to enter, 
     remain in, or reenter school, and to increase the rate of 
     high school graduation for Indian children;
       ``(F) comprehensive guidance, counseling, and testing 
     services;
       ``(G) high quality early childhood education programs that 
     are effective in preparing young children to make sufficient 
     academic growth by the end of grade 3, including kindergarten 
     and pre-kindergarten programs, family-based preschool 
     programs that emphasize school readiness, screening and 
     referral, and the provision of services to Indian children 
     and youth with disabilities;
       ``(H) partnership projects between local educational 
     agencies and institutions of higher education that allow 
     secondary school students to enroll in courses at the 
     postsecondary level to aid such students in the transition 
     from secondary to postsecondary education;
       ``(I) partnership projects between schools and local 
     businesses for career preparation programs designed to 
     provide Indian youth with the knowledge and skills such youth 
     need to make an effective transition from school to a high-
     skill, high-wage career;
       ``(J) programs designed to encourage and assist Indian 
     students to work toward, and gain entrance into, an 
     institution of higher education;
       ``(K) family literacy services;

[[Page H4685]]

       ``(L) activities that recognize and support the unique 
     cultural and educational needs of Indian children, and 
     incorporate appropriately qualified tribal elders and 
     seniors; or
       ``(M) high quality professional development of teaching 
     professionals and paraprofessionals; or
       ``(N) other services that meet the purpose described in 
     this section.
       ``(d) Grant Requirements and Applications.--
       ``(1) Grant requirements.--
       ``(A) In general.--The Secretary may make multiyear grants 
     under subsection (c) for the planning, development, pilot 
     operation, or demonstration of any activity described in 
     subsection (c) for a period not to exceed 5 years.
       ``(B) Priority.--In making multiyear grants described in 
     this paragraph, the Secretary shall give priority to entities 
     submitting applications that present a plan for combining two 
     or more of the activities described in subsection (c) over a 
     period of more than 1 year.
       ``(C) Progress.--The Secretary shall make a grant payment 
     for a grant described in this paragraph to an eligible entity 
     after the initial year of the multiyear grant only if the 
     Secretary determines that the eligible entity has made 
     substantial progress in carrying out the activities assisted 
     under the grant in accordance with the application submitted 
     under paragraph (3) and any subsequent modifications to such 
     application.
       ``(2) Dissemination grants.--
       ``(A) In general.--In addition to awarding the multiyear 
     grants described in paragraph (1), the Secretary may award 
     grants under subsection (c) to eligible entities for the 
     dissemination of exemplary materials or programs assisted 
     under this section.
       ``(B) Determination.--The Secretary may award a 
     dissemination grant described in this paragraph if, prior to 
     awarding the grant, the Secretary determines that the 
     material or program to be disseminated--
       ``(i) has been adequately reviewed;
       ``(ii) has demonstrated educational merit; and
       ``(iii) can be replicated.
       ``(3) Application.--
       ``(A) In general.--Any eligible entity that desires to 
     receive a grant under this section shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary may reasonably require.
       ``(B) Contents.--Each application submitted to the 
     Secretary under subparagraph (A), other than an application 
     for a dissemination grant under paragraph (2), shall 
     contain--
       ``(i) a description of how parents of Indian children and 
     representatives of Indian tribes have been, and will be, 
     involved in developing and implementing the activities for 
     which assistance is sought;
       ``(ii) assurances that the applicant will participate, at 
     the request of the Secretary, in any national evaluation of 
     activities assisted under this section;
       ``(iii) information demonstrating that the proposed program 
     for the activities is a scientifically based research 
     program, where applicable, which may include a program that 
     has been modified to be culturally appropriate for students 
     who will be served;
       ``(iv) a description of how the applicant will incorporate 
     the proposed activities into the ongoing school program 
     involved once the grant period is over; and
       ``(v) such other assurances and information as the 
     Secretary may reasonably require.
       ``(e) Administrative Costs.--Not more than 5 percent of the 
     funds provided to a grantee under this subpart for any fiscal 
     year may be used for administrative purposes.

     ``SEC. 6122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND 
                   EDUCATION PROFESSIONALS.

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

     ``SEC. 6123. TRIBAL EDUCATION AGENCIES COOPERATIVE 
                   AGREEMENTS.

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

                    ``Subpart 3--National Activities

     ``SEC. 6131. NATIONAL RESEARCH ACTIVITIES.

       ``(a) Authorized Activities.--The Secretary may use funds 
     made available to carry out this subpart for each fiscal year 
     to--
       ``(1) conduct research related to effective approaches for 
     improving the academic achievement and development of Indian 
     and Alaska Native children and adults;
       ``(2) collect and analyze data on the educational status 
     and needs of Indian and Alaska Native students; and
       ``(4) carry out other activities that are consistent with 
     the purpose of this part.
       ``(b) Eligibility.--The Secretary may carry out any of the 
     activities described in subsection (a) directly or through 
     grants to, or contracts or cooperative agreements with,

[[Page H4686]]

     Indian tribes, Indian organizations, State educational 
     agencies, local educational agencies, institutions of higher 
     education, including Indian institutions of higher education, 
     and other public and private agencies and institutions.
       ``(c) Coordination.--Research activities supported under 
     this section--
       ``(1) shall be coordinated with appropriate offices within 
     the Department; and
       ``(2) may include collaborative research activities that 
     are jointly funded and carried out by the Office of Indian 
     Education Programs, the Office of Educational Research and 
     Improvement, the Bureau of Indian Education, and the 
     Institute of Education Sciences.

     ``SEC. 6132. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS 
                   THROUGH NATIVE AMERICAN LANGUAGE.

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

     ``SEC. 6133. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE 
                   PLANNING AND DEVELOPMENT.

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

                  ``Subpart 4--Federal Administration

     ``SEC. 6141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

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

     ``SEC. 6142. PEER REVIEW.

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

     ``SEC. 6143. PREFERENCE FOR INDIAN APPLICANTS.

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

     ``SEC. 6144. MINIMUM GRANT CRITERIA.

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

[[Page H4687]]

       ``(2) based on relevant research findings.

       ``Subpart 5--Definitions; Authorizations of Appropriations

     ``SEC. 6151. DEFINITIONS.

       ``For the purposes of this part:
       ``(1) Adult.--The term `adult' means an individual who--
       ``(A) has attained the age of 16 years; or
       ``(B) has attained an age that is greater than the age of 
     compulsory school attendance under an applicable State law.
       ``(2) Free public education.--The term `free public 
     education' means education that is--
       ``(A) provided at public expense, under public supervision 
     and direction, and without tuition charge; and
       ``(B) provided as elementary or secondary education in the 
     applicable State or to preschool children.
       ``(3) Indian.--The term `Indian' means an individual who 
     is--
       ``(A) a member of an Indian tribe or band, as membership is 
     defined by the tribe or band, including--
       ``(i) any tribe or band terminated since 1940; and
       ``(ii) any tribe or band recognized by the State in which 
     the tribe or band resides;
       ``(B) a descendant, in the first or second degree, of an 
     individual described in subparagraph (A);
       ``(C) considered by the Secretary of the Interior to be an 
     Indian for any purpose;
       ``(D) an Alaska Native, as defined in section 6206(1); or
       ``(E) a member of an organized Indian group that received a 
     grant under the Indian Education Act of 1988 as in effect the 
     day preceding the date of enactment of the Improving 
     America's Schools Act of 1994.
       ``(4) Alaska native organization.--The term `Alaska Native 
     Organization' has the same meaning as defined in section 
     6206(2).

     ``SEC. 6152. AUTHORIZATIONS OF APPROPRIATIONS.

       ``(a) Subpart 1.--For the purpose of carrying out subpart 
     1, there are authorized to be appropriated $98,245,425 for 
     each of fiscal years 2014 through 2019.
       ``(b) Subparts 2 and 3.--For the purpose of carrying out 
     subparts 2 and 3, there are authorized to be appropriated 
     $33,303,534 for each of fiscal years 2014 through 2019.

                   ``Part B--Alaska Native Education

     ``SEC. 6201. SHORT TITLE.

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

     ``SEC. 6202. FINDINGS.

       ``Congress finds and declares the following:
       ``(1) The preservation of culture and language is critical 
     to the attainment of educational success, to the betterment 
     of the conditions, and to the long-term well-being, of Alaska 
     Natives. Alaska Native students must be afforded a culturally 
     relevant education.
       ``(2) It is the policy of the Federal Government to 
     maximize the leadership of and participation by Alaska 
     Natives in the planning and the management of Alaska Native 
     education programs and to support efforts developed by and 
     undertaken within the Alaska Native community to improve 
     educational opportunity for all students.
       ``(3) Many Alaska Native children enter and exit school 
     with serious educational disadvantages.
       ``(4) 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.
       ``(5) 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.
       ``(6) Improving educational outcomes for Alaska Native 
     students increases access to employment opportunities.
       ``(7) The programs and activities authorized under this 
     part give priority to Alaska Native organizations as a means 
     of increasing Alaska Native parents' and community 
     involvement in the promotion of academic success of Alaska 
     Native students.
       ``(8) The Federal Government should lend support to efforts 
     developed by and undertaken within the Alaska Native 
     community to improve educational opportunity for Alaska 
     Native students. In 1983, pursuant to Public Law 98-63, 
     Alaska ceased to receive educational funding from the Bureau 
     of Indian Affairs. The Bureau of Indian Education does not 
     operate any schools in Alaska, nor operate or fund Alaska 
     Native education programs. The program under this part 
     supports the Federal trust responsibility of the United 
     States to Alaska Natives.

     ``SEC. 6203. PURPOSES.

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

     ``SEC. 6204. PROGRAM AUTHORIZED.

       ``(a) General Authority.--
       ``(1) Grants and contracts.--The Secretary is authorized to 
     make grants to, or enter into contracts with, Alaska Native 
     organizations, State educational agencies, local educational 
     agencies, educational entities with experience in developing 
     or operating Alaska Native educational programs or programs 
     of instruction conducted in Alaska Native languages, cultural 
     and community-based organizations with experience in 
     developing or operating programs to benefit the educational 
     needs of Alaska Natives, and consortia of organizations and 
     entities described in this paragraph, to carry out programs 
     that meet the purposes of this part.
       ``(2) Additional requirement.--A State educational agency, 
     local educational agency, educational entity with experience 
     in developing or operating Alaska Native educational programs 
     or programs of instruction conducted in Alaska Native 
     languages, cultural and community-based organization with 
     experience in developing or operating programs to benefit the 
     educational needs of Alaska Natives, or consortium of such 
     organizations and entities is eligible for an award under 
     this part only as part of a partnership involving an Alaska 
     Native organization.
       ``(3) Mandatory activities.--Activities provided through 
     the programs carried out under this part shall include the 
     following which shall only be provided specifically in the 
     context of elementary and secondary education:
       ``(A) The development and implementation of plans, methods, 
     and strategies to improve the education of Alaska Natives.
       ``(B) The collection of data to assist in the evaluation of 
     the programs carried out under this part.
       ``(4) Permissible activities.--Activities provided through 
     programs carried out under this part may include the 
     following which shall only be provided specifically in the 
     context of elementary and secondary education:
       ``(A) The development of curricula and programs that 
     address the educational needs of Alaska Native students, 
     including the following:
       ``(i) Curriculum materials that reflect the cultural 
     diversity, languages, history, or the contributions of Alaska 
     Natives.
       ``(ii) Instructional programs that make use of Alaska 
     Native languages and cultures.
       ``(iii) Networks that develop, test, and disseminate best 
     practices and introduce successful programs, materials, and 
     techniques to meet the educational needs of Alaska Native 
     students in urban and rural schools.
       ``(B) Training and professional development activities for 
     educators, including the following:
       ``(i) Pre-service and in-service training and professional 
     development programs to prepare teachers to develop 
     appreciation for and understanding of Alaska Native cultures, 
     values, ways of knowing and learning in order to effectively 
     address the cultural diversity and unique needs of Alaska 
     Native students.
       ``(ii) Recruitment and preparation of teachers who are 
     Alaska Native.
       ``(iii) Programs that will lead to the certification and 
     licensing of Alaska Native teachers, principals, and 
     superintendents.
       ``(C) The development and operation of student enrichment 
     programs, including those in science, technology, 
     engineering, and mathematics that--
       ``(i) are designed to prepare Alaska Native students to 
     excel in such subjects;
       ``(ii) provide appropriate support services to the families 
     of such students that are needed to enable such students to 
     benefit from the programs; and
       ``(iii) include activities that recognize and support the 
     unique cultural and educational needs of Alaska Native 
     children, and incorporate appropriately qualified Alaska 
     Native elders and other tradition bearers.
       ``(D) Research and data collection activities to determine 
     the educational status and needs of Alaska Native children.
       ``(E) Other research and evaluation activities related to 
     programs carried out under this part.
       ``(F) Remedial and enrichment programs to assist Alaska 
     Native students to be college or career ready upon graduation 
     from high school.
       ``(G) Culturally based education programs designed and 
     provided by an entity with demonstrated experience in--
       ``(i) providing programs of study, both on site and in 
     local schools, to share the rich

[[Page H4688]]

     and diverse cultures of Alaska Native peoples among youth, 
     elders, teachers, and the larger community;
       ``(ii) instructing Alaska Native youth in leadership, 
     communication, Native culture, arts, and languages;
       ``(iii) increasing the high school graduation rate of 
     Alaska Native students who are served;
       ``(iv) providing instruction in Alaska Native history and 
     ways of living to students and teachers in the local school 
     district;
       ``(v) providing intergenerational learning and internship 
     opportunities to Alaska Native youth and young adults; and
       ``(vi) providing cultural immersion activities aimed at 
     Alaska Native cultural preservation.
       ``(H) Statewide on-site exchange programs, for both 
     students and teachers, that work to facilitate cultural 
     relationships between urban and rural Alaskans to build 
     mutual respect and understanding, and foster a statewide 
     sense of common identity through host family, school, and 
     community cross-cultural immersion.
       ``(I) Education programs for at-risk urban Alaska Native 
     students in kindergarten through grade 12 that work to 
     increase graduation rates among such students and that--
       ``(i) include culturally-informed curriculum intended to 
     preserve and promote Alaska Native culture;
       ``(ii) partner effectively with the local school district 
     by providing a school-within-a school program model;
       ``(iii) provide high-quality academic instruction, small 
     classroom sizes, and social-emotional support for students 
     from elementary school through high school, including 
     residential support;
       ``(iv) work with parents to increase parental involvement 
     in their students' education;
       ``(v) work to improve academic proficiency and increase 
     graduation rates;
       ``(vi) provide college preparation and career planning; and
       ``(vii) incorporate a strong data collection and continuous 
     evaluation component at all levels of the program.
       ``(J) Statewide programs that provide technical assistance 
     and support to schools and communities to engage adults in 
     promoting the academic progress and overall well-being of 
     Alaska Native people through child and youth development, 
     positive youth-adult relationships, improved conditions for 
     learning (school climate, student connection to school and 
     community), and increased connections between schools and 
     families.
       ``(K) Career preparation activities to enable Alaska Native 
     children and adults to prepare for meaningful employment, 
     including programs providing tech-prep, mentoring, training, 
     and apprenticeship activities.
       ``(L) Support for the development and operational 
     activities of regional vocational schools in rural areas of 
     Alaska to provide students with necessary resources to 
     prepare for skilled employment opportunities.
       ``(M) Other activities, consistent with the purposes of 
     this part, to meet the educational needs of Alaska Native 
     children and adults.
       ``(N) Regional leadership academies that demonstrate 
     effectiveness in building respect, understanding, and 
     fostering a sense of Alaska Native identity to promote their 
     pursuit of and success in completing higher education or 
     career training.
       ``(b) Limitation on Administrative Costs.--Not more than 5 
     percent of funds provided to an award recipient under this 
     part for any fiscal year may be used for administrative 
     purposes.
       ``(c) Priorities.--In awarding grants or contracts to carry 
     out activities described in this subpart, the Secretary shall 
     give priority to applications from Alaska Native 
     Organizations. Such priority shall be explicitly delineated 
     in the Secretary's process for evaluating applications and 
     applied consistently and transparently to all applications 
     from Alaska Native Organizations.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this part 
     $31,453,135 for each of fiscal years 2014 through 2019.

     ``SEC. 6205. ADMINISTRATIVE PROVISIONS.

       ``(a) Application Required.--
       ``(1) In general.--No grant may be made under this part, 
     and no contract may be entered into under this part, unless 
     the Alaska Native organization or entity seeking the grant or 
     contract submits an application to the Secretary in such 
     form, in such manner, and containing such information as the 
     Secretary may determine necessary to carry out the provisions 
     of this part.
       ``(2) Requirement for certain applicants.--An applicant 
     described in section 6204(a)(2) shall, in the application 
     submitted under this paragraph--
       ``(A) demonstrate that an Alaska Native organization was 
     directly involved in the development of the program for which 
     the application seeks funds and explicitly delineate the 
     meaningful role that the Alaska Native organization will play 
     in the implementation and evaluation of the program for which 
     funding is sought; and
       ``(B) provide a copy of the Alaska Native organization's 
     governing document.
       ``(b) Consultation Required.--Each applicant for an award 
     under this part shall provide for ongoing advice from and 
     consultation with representatives of the Alaska Native 
     community.
       ``(c) Local Educational Agency Coordination.--Each 
     applicant for an award under this part shall inform each 
     local educational agency serving students who would 
     participate in the program to be carried out under the grant 
     or contract about the application.
       ``(d) Continuation Awards.--An applicant described in 
     section 6204(a)(2) that receives funding under this part 
     shall periodically demonstrate to the Secretary, during the 
     term of the award, that the applicant is continuing to meet 
     the requirements of subsection (a)(2)(A).

     ``SEC. 6206. DEFINITIONS.

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

                  ``Part C--Native Hawaiian Education

     ``SEC. 6301. FINDINGS.

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

     ``SEC. 6302. PURPOSES.

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

[[Page H4689]]

     ``SEC. 6303. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.

       ``(a) Grant Authorized.--In order to better effectuate the 
     purposes of this part through the coordination of educational 
     and related services and programs available to Native 
     Hawaiians, including those programs that receive funding 
     under this part, the Secretary shall award a grant to an 
     education council, as described under subsection (b).
       ``(b) Education Council.--
       ``(1) Eligibility.--To be eligible to receive the grant 
     under subsection (a), the council shall be an education 
     council (referred to in this section as the `Education 
     Council') that meets the requirements of this subsection.
       ``(2) Composition.--The Education Council shall consist of 
     15 members of whom--
       ``(A) 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 either Molokai or 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 recipient of 
     grant funds that are awarded under this part.
       ``(5) Term of members.--A member who is a designee shall 
     serve for a term of not more than 4 years.
       ``(6) Chair, vice chair.--
       ``(A) Selection.--The Education Council shall select a 
     Chair and a Vice Chair from among the members of the 
     Education Council.
       ``(B) Term limits.--The Chair and Vice Chair shall each 
     serve for a 2-year term.
       ``(7) Administrative provisions relating to education 
     council.--The Education Council shall meet at the call of the 
     Chair of the Council, or upon request by a majority of the 
     members of the Education Council, but in any event not less 
     often than every 120 days.
       ``(8) No compensation.--None of the funds made available 
     through the grant may be used to provide compensation to any 
     member of the Education Council or member of a working group 
     established by the Education Council, for functions described 
     in this section.
       ``(c) Use of Funds for Coordination Activities.--The 
     Education Council shall use funds made available through the 
     grant to carry out each of the following activities:
       ``(1) Providing advice about the coordination, and serving 
     as a clearinghouse for, the educational and related services 
     and programs available to Native Hawaiians, including the 
     programs assisted under this part.
       ``(2) Assessing the extent to which such services and 
     programs meet the needs of Native Hawaiians, and collecting 
     data on the status of Native Hawaiian education.
       ``(3) Providing direction and guidance, through the 
     issuance of reports and recommendations, to appropriate 
     Federal, State, and local agencies in order to focus and 
     improve the use of resources, including resources made 
     available under this part, relating to Native Hawaiian 
     education, and serving, where appropriate, in an advisory 
     capacity.
       ``(4) Awarding grants, if such grants enable the Education 
     Council to carry out the activities described in paragraphs 
     (1) through (3).
       ``(5) Hiring an executive director who shall assist in 
     executing the duties and powers of the Education Council, as 
     described in subsection (d).
       ``(d) Use of Funds for Technical Assistance.--The Education 
     Council shall use funds made available through the grant to--
       ``(1) provide technical assistance to Native Hawaiian 
     organizations that are grantees or potential grantees under 
     this part;
       ``(2) obtain from such grantees information and data 
     regarding grants awarded under this part, including 
     information and data about--
       ``(A) the effectiveness of such grantees in meeting the 
     educational priorities established by the Education Council, 
     as described in paragraph (6)(D), using metrics related to 
     these priorities; and
       ``(B) the effectiveness of such grantees in carrying out 
     any of the activities described in section 6304(c) that are 
     related to the specific goals and purposes of each grantee's 
     grant project, using metrics related to these priorities;
       ``(3) assess and define the educational needs of Native 
     Hawaiians;
       ``(4) assess the programs and services available to address 
     the educational needs of Native Hawaiians;
       ``(5) assess and evaluate the individual and aggregate 
     impact achieved by grantees under this part in improving 
     Native Hawaiian educational performance and meeting the goals 
     of this part, using metrics related to these goals;
       ``(6) prepare and submit to the Secretary, at the end of 
     each calendar year, an annual report that contains--
       ``(A) a description of the activities of the Education 
     Council during the calendar year;
       ``(B) a description of significant barriers to achieving 
     the goals of this part;
       ``(C) a summary of each community consultation session 
     described in subsection (e); and
       ``(D) recommendations to establish priorities for funding 
     under this part, based on an assessment of--
       ``(i) the educational needs of Native Hawaiians;
       ``(ii) programs and services available to address such 
     needs;
       ``(iii) the effectiveness of programs in improving the 
     educational performance of Native Hawaiian students to help 
     such students meet challenging State student academic 
     achievement standards; and
       ``(iv) priorities for funding in specific geographic 
     communities.
       ``(e) Use of Funds for Community Consultations.--The 
     Education Council shall use funds made available though 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 6305(d)(2), to make a 
     payment under the grant. Funds made available through the 
     grant shall remain available until expended.
       ``(g) Report.--Beginning not later than 2 years after the 
     date of enactment of the Student Success Act, and for each 
     subsequent year, the Secretary shall prepare and submit to 
     the Committee on Education and the Workforce of the House of 
     Representatives, and the Committee on Indian Affairs and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate, a report that--
       ``(1) summarizes the annual reports of the Education 
     Council;
       ``(2) describes the allocation and use of funds under this 
     part and the information gathered since the first annual 
     report submitted by the Education Council to the Secretary 
     under this section; and
       ``(3) contains recommendations for changes in Federal, 
     State, and local policy to advance the purposes of this part.

     ``SEC. 6304. GRANT PROGRAM AUTHORIZED.

       ``(a) Grants and Contracts.--In order to carry out programs 
     that meet the purposes of this part, the Secretary is 
     authorized to award grants to, or enter into contracts with--
       ``(1) Native Hawaiian educational organizations;
       ``(2) Native Hawaiian community-based organizations;
       ``(3) public and private nonprofit organizations, agencies, 
     and institutions with experience in developing or operating 
     Native Hawaiian education and workforce development programs 
     or programs of instruction in the Native Hawaiian language;
       ``(4) charter schools; and
       ``(5) consortia of the organizations, agencies, and 
     institutions described in paragraphs (1) through (4).
       ``(b) Priority.--In awarding grants and entering into 
     contracts under this part, the Secretary shall give priority 
     to--
       ``(1) programs that meet the educational priority 
     recommendations of the Education Council, as described under 
     section 6303(d)(6)(D);
       ``(2) the repair and renovation of public schools that 
     serve high concentrations of Native Hawaiian students;
       ``(3) programs designed to improve the academic achievement 
     of Native Hawaiian students by meeting their unique cultural 
     and language needs in order to help such students meet 
     challenging State student academic achievement standards, 
     including activities relating to--
       ``(A) achieving competence in reading, literacy, 
     mathematics, and science for students in preschool through 
     grade 3;

[[Page H4690]]

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

     ``SEC. 6305. ADMINISTRATIVE PROVISIONS.

       ``(a) Application Required.--No grant may be made under 
     this part, and no contract may be entered into under this 
     part, unless the entity seeking the grant or contract submits 
     an application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     determine to be necessary to carry out the provisions of this 
     part.
       ``(b) Direct Grant Applications.--The Secretary shall 
     provide a copy of all direct grant applications to the 
     Education Council.
       ``(c) Supplement Not Supplant.--
       ``(1) In general.--Except as provided in paragraph (2), 
     funds made available under this part shall be used to 
     supplement, and not supplant, any State or local funds used 
     to achieve the purposes of this part.
       ``(2) Exception.--Paragraph (1) shall not apply to any 
     nonprofit entity or Native Hawaiian community-based 
     organization that receives a grant or other funds under this 
     part.
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this part $32,397,259 for each of fiscal years 
     2014 through 2019.
       ``(2) Reservation.--Of the funds appropriated under this 
     subsection, the Secretary shall reserve, for each fiscal year 
     after the date of enactment of the Student Success Act not 
     less than $500,000 for the grant to the Education Council 
     under section 6303.
       ``(3) Availability.--Funds appropriated under this 
     subsection shall remain available until expended.''.

  The CHAIR. Pursuant to House Resolution 303, the gentleman from 
Alaska (Mr. Young) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Alaska.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself 1 minute.
  Mr. Chairman, this bill that has been proposed to us actually took 
one successful program out, the very successful Hawaiian Natives and 
Alaskan Natives program. It is destroying a program that works.
  This is a different program than the other Indian areas have, but it 
should have been left in this bill. And as I talked with the chairman, 
why take out some successful program and try to take and change it when 
there's other problems with No Child Left Behind?
  I'm asking my colleagues to vote for my amendment, which puts it back 
in. It restores title VI moneys, and it does retain a working program 
that we should leave. I say this because Alaska Natives and Hawaiian 
Natives are not under the BIE funding programs, and it would be 
impossible for them to receive the moneys under the grant program.
  All I want to do is keep my Natives on a right plain, which they've 
been doing very well in actually improving their lives, being better 
educated, achieving their goals.
  I reserve the balance of my time.
  Mr. KLINE. Mr. Chairman, I claim time in opposition.
  The CHAIR. The gentleman from Minnesota is recognized for 5 minutes.
  Mr. KLINE. Mr. Chairman, while I understand and appreciate the 
gentleman's concerns--and we've talked about this at some length over 
the year--the amendment reduces funding for title I programs. That's 
aid to the disadvantaged, migrant students, neglected and delinquent 
students, rural education, and English language acquisition to pay for 
the restoration and expansion of the Alaska Native and Native Hawaiian 
programs. This reduces funding to States and school districts--about 
$64 million a year--that need title I funds to increase student 
academic achievement, especially with today's budgetary challenges.

[[Page H4691]]

  The underlying bill upholds the Federal Government's trust 
responsibility to the Indian people. It reauthorizes and maintains a 
separate funding stream for the Indian education program as in current 
law and increases funding for Indian education over the FY13 level and 
over President Obama's FY14 budget. The manager's amendment adds Alaska 
Native organizations as eligible entities to the program as well.
  Reluctantly, I urge my colleagues to oppose the amendment and support 
the Student Success Act, and I yield back the balance of my time.
  Mr. YOUNG of Alaska. At this time, I yield 1 minute to Congresswoman 
Hanabusa.
  Ms. HANABUSA. Mr. Chair, I thank the gentleman from Alaska.
  Mr. Chair, this amendment, which I've introduced with my colleagues, 
ensures that all Native students are supported in their education 
efforts.
  H.R. 5, as reported, eliminates and reduces title VII and combines 
them with the broad title I programs, which is inappropriate and unjust 
to the programs.
  What this amendment does is it upholds the Federal trust 
responsibility to tribes and Native organizations by ensuring that 
Native Americans, Native Alaskans, and Native Hawaiians, who have been 
historically disadvantaged, are able to succeed.
  This amendment also ensures flexibility among the States as to how 
these programs would be administered. And most importantly, the CBO has 
found that our amendment has no impact on direct spending and complies 
with the CutGo requirements.
  The primary issue here is that Congress must ensure that we maintain 
this important precedent in law, a precedent in law that we do have 
trust responsibility to the Native children, and we must ensure that 
that continues.
  That is why I encourage all my colleagues to vote in favor of this 
amendment.
  Mr. YOUNG of Alaska. At this time, Mr. Chairman, I yield 1 minute to 
Congresswoman Gabbard.
  Ms. GABBARD. Mr. Chairman, I'm rising to give my strong support for 
the amendment before us, and I would like to thank my colleague from 
Alaska (Mr. Young) for his steadfast support and championing of the 
issues and concerns of Native communities throughout our country.
  This amendment does a simple thing: it ensures that Native students 
across the country have access to support which meets the unique 
cultural and language needs of these communities. This support has been 
there now for decades, and it's important and crucial that we continue 
this. For my home State of Hawaii, the Native Hawaiian Education 
Program, which the amendment reauthorizes and which does not exist in 
the underlying measure, is a vital resource for our Native Hawaiian 
community.
  Last district period when I was home over the Fourth of July, I had 
the opportunity to travel to a few different islands where I met with 
teachers, parents, students, and other stakeholders and learned 
firsthand about the many accomplishments of this program.
  By passing this amendment, we're empowering and educating the next 
generation in communities that have largely been underserved and at the 
same time preserving rich and unique culture, language, and values of 
our Native people.
  With that, I insert into the Record numerous letters of support that 
I've received from my constituents explaining in a very personal way 
the important success stories of the Native Hawaiian Education Programs 
over the years.

         Mid-Continent Research for Education and learning Pacific 
           Center for Changing the Odds,
                                      Honolulu, HI, July 17, 2013.
     Rep. Tulsi Gabbard,
     Ala Moana Blvd.,
     Honolulu, HI.
     Attention: Anthony Ching.
       Dear Representative Gabbard, Thank you for being a 
     supporter of the Native Hawaiian Education Act. This 
     legislation is critical for the future and progress of 
     Hawai`i's education system. Every year tens of thousands of 
     Hawaiian students benefit from the academic programs funded 
     by this policy. The Act is also a significant milestone in 
     the relationship between the U.S. federal government and 
     Native Hawaiians because it affirms the trust in that 
     relationship and recognizes the rights of Native Hawaiians.
       The ESEA reauthorization bill H.R. 5 the Student Success 
     Act, put forward by Representative John Kline, seeks to 
     eliminate the Native Hawaiian Education Act, which would end 
     critical academic programs for Native Hawaiians. If passed, 
     the Student Success Act would cut funding and potentially 
     terminate many of the innovative programs promoting native 
     culture and education in Hawai`i that have been valued for 
     over twenty-five years.
       As the ESEA reauthorization process continues, we urge you 
     to consider the preservation of Native Hawaiian culture, 
     traditions and values within the Student Success Act.
       Thank you for championing Native Hawaiian education and for 
     supporting Hawai`i's students who benefit from the Native 
     Hawaiian Education Act.
           Sincerely,
                                              Jane R. Best, Ph.D.,
     Chief Strategy Officer.
                                  ____



                                           Kamehameha Schools,

                                      Honolulu, HI, July 16, 2013.
     To: Members of the United States Congress.
     From: Kamehameha Schools, Office of the Chief Executive 
         Officer.
     Re Preserving the Native Hawaiian Education Act (NHEA) 
         proposed amendments to H.R. 5.
       My name is Dee Jay Mailer and I am the Chief Executive 
     Officer of Kamehameha Schools. We are a private independent 
     school whose mission is to improve the capability and 
     wellbeing of Native Hawaiians through education. Thank you 
     for this opportunity to express Kamehameha Schools' support 
     of Congressman Young's and Congresswoman Gabbard's amendments 
     to H.R. 5 that would preserve the Native Hawaiian Education 
     Act.
       There continues to exist significant educational 
     disparities between Native Hawaiians and other ethnic groups 
     within Hawai`i. Despite being the largest single ethnic group 
     in Hawaii's public school system, achievement outcomes for 
     Native Hawaiian youth are among the lowest in the state, 
     trailing as much as 30 percentile points behind the highest 
     performing groups. For many years, the Native Hawaiian 
     Education Act and organizations in Hawai`i have supported and 
     implemented culturally responsive education. In 2010, 
     Kamehameha Schools along with the Hawai`i Department of 
     Education, and Na Lei Na`auao undertook collaborative 
     research study, which reported positive effects of culture-
     based educational strategies on student socio-emotional 
     development and educational outcomes for Native Hawaiian and 
     other learners. Culture-based education is the grounding of 
     instruction and student learning in the values, norms, 
     knowledge, beliefs, practices, and language that are the 
     foundation of an indigenous culture. At the state, national, 
     and international levels, culture-based educational 
     strategies are increasingly being seen as a promising means 
     of addressing educational disparities between indigenous 
     students and their peers. Without continued support from the 
     Native Hawaiian Education Act, educational disparities will 
     continue to grow.
       Kamehameha Schools supports promoting the achievement and 
     success of Hawai`i's public school students and, as such, 
     continues to support and promote culture based education. 
     Thank you for the opportunity to express Kamehameha Schools' 
     support for preserving the Native Hawaiian Education Act.
           Sincerely,
                                                   Dee Jay Mailer,
     Chief Executive Officer.
                                  ____

                                                   Keiki O Ka Aina


                                      Family Learning Centers,

                                                    July 15, 2013.
       Aloha, As a Native Hawaiian non-profit, Keiki O Ka Aina 
     Family Learning Centers has been helping families statewide 
     for eighteen years. With funding from NHEA, we help over 2000 
     families through home-visiting programs, (PAT and HIPPY), 
     center-based preschools, family child interaction learning 
     programs, programs for infants and toddlers with special 
     needs, and supporting parents affected by incarceration.
       The money given to Hawaiian non-profits through the 
     rigorous competitive grants offered under NHEA help the 
     entire community, Hawaiian and non-Hawaiian alike. The 
     funding helps in the area in which our country is most needy, 
     education.
       Giving funds to the State in Race to the Top is nice, but 
     putting funds in the hands of those who are providing the 
     direct services is far more practical and achieves superior 
     results. Research also shows that culture-based education is 
     good education for indigenous populations and non-indigenous 
     populations as well. Project-based, place-based, 
     individualized instruction is just best practice, and it is 
     Hawaiian education organizations, with support from NHEA, 
     that is leading the charge in bringing about improvement in 
     educational practice in the state. All NHEA recipients make 
     details reports to NHEA on the efficacy of our programs, and 
     they show positive impacts.
       To eliminate this much needed funding stream will be 
     extremely detrimental to the State who will have an 
     additional burden and find itself unable to adequately serve 
     its host population. United States Public Law 103-150 The 
     ``Apology Resolution'' Passed by Congress and signed by 
     President William J.

[[Page H4692]]

     Clinton November 23, 1993 was a step forward, but to cut this 
     funding would be an unconscionable step backward.
           Sincerely,
                                                       Momi Akana,
     Executive Director.
                                  ____

                                                   Kanu o ka `Aina


                            New Century Public Charter School,

                                       Kamuela, HI, July 15, 2013.
     Re letter of support for H.R. 2287, Native Hawaiian Education 
         Act Reauthorization, and its inclusion in H.R. 5, The 
         Student Success Act.
       Dear Representative Gabbard: I am Taffi Wise, Business 
     Manager of Kanu o ka 'Aina Public Charter School (KANU). We 
     are a Hawaiian focused school in the rural community of 
     Waimea on the Big Island of Hawai'i that serves 260 students, 
     65% of which are Title I recipients.
       KANU strongly supports H.R. 2287 which calls for the 
     reauthorization of the Native Hawaiian Education Act and its 
     inclusion in H.R. 5, The Student Success Act (SSA) and 
     advocates for the Native Hawaiian Education Act administered 
     by the U.S. Department of Education. This grant program, 
     first authorized in 1988, is known and recognized for its 
     support of innovative education for and by Native Hawaiians.
       With the change in the current law, the expanding of 
     eligibility for grants to address the varying types of 
     education programs offered to Native Hawaiian students will 
     have the bill make changes to eligibility for NHEA, and, for 
     example, allow grants to Native Hawaiian focused charter 
     schools among other proposed and relevant changes.
       We join with you in your floor statement, ``Education is by 
     far the best investment we can make in our economy and in our 
     future. We are empowering and educating the next generation 
     in communities that have largely been underserved, at the 
     same time preserving rich and unique culture, language, and 
     values of our native people.''
       KANU appreciates the opportunity to endorse and support 
     H.R. 2287.
           Mahalo nui loa,
     Taffi Wise.
                                  ____

                                                   Kanu o ka `Aina


                                               Learning 'Ohana

                                                    July 15, 2013.
     Re letter of support for H.R. 2287, Native Hawaiian Education 
         Act Reauthorization, And its inclusion in H.R. 5, The 
         Student Success Act.
       Dear Representative Gabbard: I am Taffi Wise, Executive 
     Director of Kanu o ka 'Aina Learning 'Ohana (KALO) a Hawaiian 
     serving non-profit institution whose mission is serving and 
     perpetuating sustainable Hawaiian communities through 
     Education with Aloha.
       KALO strongly supports H.R. 2287 which calls for the 
     reauthorization of the Native Hawaiian Education Act and its 
     inclusion in H.R. 5, The Student Success Act (SSA) and 
     advocates for the Native Hawaiian Education Act administered 
     by the U.S. Department of Education. This grant program, 
     first authorized in 1988, is known and recognized for its 
     support of innovative education for and by Native Hawaiians.
       With the change in the current law, the expanding of 
     eligibility for grants to address the varying types of 
     education programs offered to Native Hawaiian students will 
     have the bill make changes to eligibility for NHEA, and, for 
     example, allow grants to Native Hawaiian focused charter 
     schools among other proposed and relevant changes.
       We join with you in your floor statement, ``Education is by 
     far the best investment we can make in our economy and in our 
     future. We are empowering and educating the next generation 
     in communities that have largely been underserved, at the 
     same time preserving rich and unique culture, language, and 
     values of our native people.''
       KALO appreciates the opportunity to endorse and support 
     H.R. 2287.
           Mahalo nui loa,
     Taffi Wise.
                                  ____

                                    Na Lei Na'auao Native Hawaiian


                                      Charter School Alliance,

                                       Kamuela, HI, July 15, 2013.
     Re letter in support of H.R. 2287, Native Hawaiian Education 
         Act Reauthorization, and its inclusion in H.R. 5, The 
         Student Success Act.
       Dear Representative Gabbard: My name is Ka'iulani Pahio, 
     and I am the Coordinator of the Na Lei Na'auao--Native 
     Hawaiian Charter School Alliance--which makes up twelve 
     Hawaiian focused public charter schools throughout the State 
     of Hawai'i.
       Na Lei Na'auao strongly supports H.R. 2287 which calls for 
     the reauthorization of the Native Hawaiian Education Act and 
     its inclusion in H.R. 5, The Student Success Act (SSA) and 
     advocates for the Native Hawaiian Education Act administered 
     by the U.S. Department of Education. This grant program, 
     first authorized in 1988, is known and recognized for its 
     support of innovative education for and by Native Hawaiians.
       With the change in the current law, the expanding of 
     eligibility for grants to address the varying types of 
     education programs offered to Native Hawaiian students will 
     have the bill address changes to eligibility for NHEA, and, 
     for example, allow grants to Native Hawaiian focused public 
     charter schools among other proposed and relevant changes.
       Hawaiian focused public charter schools embrace culturally-
     driven educational strategies that link experiential learning 
     with the teaching of Hawaiian language, culture and 
     traditions, also in collaboration with teachers, parents, 
     elders and its community. More than 4,000 students are now 
     enrolled in culturally-based Hawaiian focused public charter 
     schools, of which, over 90% are of Hawaiian ancestry.
       As culturally-driven quality 21st century models of 
     education, the mission of the Na Lei Na'auao--Native Hawaiian 
     Charter School Alliance, is to establish models of education 
     throughout the Hawaiian Islands, which are community-designed 
     and controlled--and reflect, respect and embrace Hawaiian 
     cultural values, philosophies and ideologies.
       We join with you in your floor statement, ``Education is by 
     far the best investment we can make in our economy and in our 
     future. We are empowering and educating the next generation 
     in communities that have largely been underserved, at the 
     same time preserving rich and unique culture, language, and 
     values of our native people.''
       Na Lei Na'auao appreciates the opportunity to endorse and 
     support H.R. 2287.
           Mahalo,
     Ka `iulani Pahi`o.
                                  ____



                            Native Hawaiian Education Council,

                                      Honolulu, HI, July 12, 2013.
     Hon. Tulsi Gabbard,
     House of Representatives, Cannon House Office Building, 
         Washington, DC.
       Aloha Congresswoman Gabbard, The Council was dismayed to 
     hear that the House bill to reauthorize the Elementary and 
     Secondary Education Act (ESEA), H.R. 5, is moving forward. A 
     major flaw in the bill is the elimination of Title VII of 
     ESEA. We believe that Title VII--the Indian, Native Hawaiian, 
     and Alaska Native Education title--is unique and cannot be 
     merged into Title I for two very important reasons:
       1. It would breach the trust responsibility to native 
     peoples. Title VII specifically funds programs for native 
     children. Without this clear legislative distinction, states 
     would have the discretion to use these funds for other 
     purposes.
       2. It would inhibit progress made by native communities and 
     educators in developing and implementing programs that are 
     linguistically and culturally aligned to the needs of our 
     students. These culture- and place-based programs take into 
     account clearly different values and approaches to learning.
       Data shows that the programs funded by the Native Hawaiian 
     Education Act (NHEA), Title VII, Part B, address unique 
     characteristics of Native Hawaiian children. Native Hawaiian 
     children have strong family values that they bring to their 
     school settings, and a relationship to the land. For example, 
     70% of Native Hawaiian keiki report that many people at 
     school were like family as opposed to only 52% for non-Native 
     children, and 62% of Native Hawaiian keiki feel strong 
     connections to the land versus 29% of non-Native children. 
     The innovative and different approaches to education of these 
     NHEA funded programs actually result in improvements. 
     Graduation rates for Native Hawaiians have risen; however 
     they still lag behind state totals.

                   Timely High School Graduation Rates
------------------------------------------------------------------------
                                                  2002 (%)     2006 (%)
------------------------------------------------------------------------
Native Hawaiians..............................           70           71
State Total...................................           77           79
------------------------------------------------------------------------
Source: Kamehameha Schools' Native Education Assessment Update 2009,
  Fig. 9.

       Similarly math and reading scores have risen for Native 
     Hawaiians, but still are not at parity with the rest of the 
     state.

                   Percent Scoring Proficient or Above
------------------------------------------------------------------------
                                                  2007 (%)     2012 (%)
------------------------------------------------------------------------
Native Hawaiian
    Math......................................           27           49
    Reading...................................           41           62
State Totals
    Math......................................           38           59
    Reding....................................           60           71
------------------------------------------------------------------------
Source: Hawaii DOE Longitudinal Data System.

       The Native Hawaiian Education Act (NHEA) allows for 
     supplemental educational programs to address the unique 
     culture, language, values, history, and traditions of Native 
     Hawaiians, and therefore should be strongly supported as an 
     important part of the reauthorization of ESEA.
       We ask that you seek to amend H.R. 5 to include Title VII.
           Me kealoha, purmehana,
                                                  Wendy Roylo Hee,
     Executive Director.
                                  ____

                                             Kaho`iwai--Center for


                                  Adult Teaching and Learning,

                                                    July 15, 2013.
       Dear Representative Gabbard: We are Kaho`iwai--Center for 
     Adult Teaching and Learning and our mission is to improve 
     indigenous educational experiences in Hawai`i so that youth, 
     adults and communities engage in deep and purposeful lives 
     characterized by growth and creativity.
       Kaho`iwai strongly supports H.R. 2287 which calls for the 
     reauthorization of the Native Hawaiian Education Act and its 
     inclusion in H.R. 5, The Student Success Act (SSA) and 
     advocates for the Native Hawaiian Education Act administered 
     by the U.S. Department of Education. This grant program, 
     first authorized in 1988, is known and recognized for its 
     support of innovative education for and by Native Hawaiians.
       With the change in the current law, the expanding of 
     eligibility for grants to address

[[Page H4693]]

     the varying types of education programs offered to Native 
     Hawaiian students will have the bill make changes to 
     eligibility for NHEA, and, for example, allow grants to 
     Native Hawaiian focused charter schools among other proposed 
     and relevant changes.
       We join with you in your floor statement, ``Education is by 
     far the best investment we can make in our economy and in our 
     future. We are empowering and educating the next generation 
     in communities that have largely been underserved, at the 
     same time preserving rich and unique culture, language, and 
     values of our native people.''
       Kaho`iwai appreciates the opportunity to endorse and 
     support H.S. 2287.
           Sincerely,
                                                       Joe Fraser,
     Director.
                                  ____

       To Congresswoman Gabbard: Thank you for allowing me an 
     opportunity to submit comments on H.R. 5: The Student Success 
     Act (SSA). Thank you for your hard work in drafting this 
     bill. However, I strongly urge you to reinstate Title VII 
     Part B, the Native Hawaiian Education Act (NHEA) which has 
     been eliminated in the SSA.
       I have the privilege of working on the Hawai`i Preschool 
     Positive Engagement Project (HPPEP), which is funded by the 
     NHEA, and I would like to share with you the work that we 
     have done thus far and are currently aiming to complete 
     within the next year with these essential funds:
       HPPEP is the only program in Hawai`i bringing behavior 
     management interventions to preschool-aged at-risk children 
     and families, providing vital protective factors to the next 
     generation of citizens who need them and can benefit from 
     them most.
       Students receiving HPPEP interventions have experienced 
     statistically significant improvements in Academic Engaged 
     Time scores, Behavior Ratings Scales, and Strengths and 
     Difficulty Questionnaire scores. These gains provide at risk 
     children with a considerably greater chance of succeeding in 
     school and life.
       This project has developed an innovative data management 
     system that incorporates social work theory, complex 
     measurement tools, and flexibility of replication that has 
     the potential to benefit data management in educational and 
     social service programs in Hawai`i and the nation.
       We have provided Professional Development to over 230 
     teachers, staff, and community members with 17 presentations 
     to bolster teacher education, competence, and effectiveness.
       158 parents have received parenting and behavior management 
     education, support, and literacy tools to further amplify the 
     positive impacts of HPPEP's work in their homes and promote 
     school and social success beyond preschool.
       Over the next year, this project will be attempting to 
     create sustainability within schools to allow our target 
     populations to continue receiving beneficial interventions 
     independently. Sustainability will allow the outcomes of our 
     interventions to expand many times over, thus the funding 
     from NHEA could be impacting educational success of Hawai`i's 
     children for many years in the future.
       With continued funding by the NHEA as planned, we will 
     continue to work earnestly and efficiently toward our goals 
     to benefit the educational outcomes of those with the 
     greatest needs. Please consider that the federal government 
     has an obligation to the American citizens in our state and 
     that the NHEA allows for the types of creative and culturally 
     responsive programs that will truly address the unique needs 
     of our most vulnerable students. I truly hope you will hear 
     the voices from your colleagues across the pacific and 
     reinstate Title VII of the current ESEA.
       Thank you for your consideration.
           Sincerely,
                                                  Camille Rockett,
     LSW Award S362A11012; 2010-2014.
                                  ____

                                        Dolores Dore Eccles Center


                                 For Early Care and Education,

                                                        Logan, UT.
       To Congresswoman Gabbard: Thank you for allowing us an 
     opportunity to submit comments on H.R. 5: The Student Success 
     Act (SSA), the bill reauthorizing the Elementary and 
     Secondary Education Act (ESEA). We congratulate your 
     committee on its hard work in drafting this bill. However, we 
     strongly encourage you to reinstate important education 
     programs that have been eliminated in SSA.
       Title VII, Part B of ESEA is the Native Hawaiian Education 
     Act and as a steward of a current USDOE Native Hawaiian 
     Education Program grant, we ask that you please reinstate all 
     parts of Title VII of the current ESEA. We encourage you to 
     support efforts that not only fulfill the trust 
     responsibilities of the Federal government to the indigenous 
     people of the United States of America, but also to preserve 
     programs that make a difference in improving the educational 
     attainment of the most disadvantaged in order to advance the 
     economic health and vitality of the community.
       The Native Hawaiian Education program grant targets 
     specific funds for some of the most vulnerable children with 
     few other resources. Typically, only half of low-income 
     children in Hawaii receive financial aid or subsidized 
     services needed to participate in preschool programs (Good 
     Beginnings Alliance, 2004). Native Hawaiians have unique 
     strengths and needs that can be neglected or overlooked when 
     they are grouped with the entire mainland for funding 
     allocations. Parents and teachers are committed to helping 
     their children prepare and succeed in school, but many lack 
     the knowledge and resources to make this happen without 
     additional supports. I have seen these supports put in place 
     with the Hawai`i Preschool Positive Engagement Project, fully 
     funded by monies from the NHEA. As part of this project, I 
     have observed groups of 15-20 children with their parents 
     (most with fathers involved) explore, listen, talk-story, and 
     teach their children in outdoor settings supported by 
     practitioners with the sole purpose for supporting families 
     and improving academic and social outcomes for these high 
     risk children. Data from this project are convincing in 
     improving child outcomes. Parents are actively involved and 
     engaged because the intervention was developed specifically 
     with their needs and strengths in mind through the NHEA.
       Please reinstate all parts of Title VII of the current ESEA
           Thank you for your time
                                                Lisa Boyce, Ph.D.,
                                               Executive Director.

  Mr. YOUNG of Alaska. Mr. Chairman, at this time, I yield 1 minute to 
the gentleman from California (Mr. Denham).
  Mr. DENHAM. Mr. Chairman, I appreciate Chairman Kline and the 
committee's work on this important reauthorization.
  Consolidating programs and replacing them with flexible grants is the 
right way to ensure that States and school districts are able to 
respond to the specific needs of their communities; however, the 
Federal Government has a unique and important trust obligation to the 
Native American population in this country.
  This trust obligation means that support for Indian education 
programs should be handled separately from the traditional grant 
programs that support disadvantaged students. Only by maintaining a 
separate title can we ensure that there's a dedicated funding stream 
that meets the needs of Native children.
  I thank Mr. Young for offering this important and revenue-neutral 
amendment, and I urge my colleagues to support both the underlying 
legislation, as well as this amendment.
  Mr. YOUNG of Alaska. Mr. Chairman, how much time do I have remaining?
  The CHAIR. The gentleman has 1 minute remaining.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself the balance of my 
time.
  I urge the chairman to accept this amendment. This amendment takes no 
money away from anyone, other than the Natives themselves.
  This program has worked. It has worked so well that I'm asking my 
colleagues to keep it in the existing bill that's coming before us. I'm 
not going to argue about Leave No Child Behind or the new bill, H.R. 5. 
But if a program is working and it's neutral, for God's sake let's 
leave it in there. Why take it out?
  Everybody says, Well, they have a chance at it. Not when we don't 
have BIE funding in the State of Alaska. This is a neutral bill 
financially. It doesn't take away from any other programs.
  I ask very respectfully for my colleagues to vote for this 
legislation to promote American Indian, Hawaiian Indian, and Alaska 
Native educational programs. It's the right thing to do, and let's do 
what's right today.
  With that, I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Alaska (Mr. Young).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. KLINE. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Alaska will be postponed.


                Amendment No. 3 Offered by Mr. Cardenas

  The CHAIR. It is now in order to consider amendment No. 3 printed in 
House Report 113-158.
  Mr. CARDENAS. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 4, line 22, strike ``2019.'' and insert ``2019, of 
     which 775,000,000 for each of such fiscal years are 
     authorized for subpart 4 of such part.''.


[[Page H4694]]


  The CHAIR. Pursuant to House Resolution 303, the gentleman from 
California (Mr. Cardenas) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. CARDENAS. Mr. Chairman, my amendment increases authorized funding 
for English language learners from $750 million to $775 million until 
2019.
  Services to this growing, but completely underserved, population are 
important to me and families throughout my district and throughout this 
country; but it should be important for all of us.
  Latinos as a percent of the labor force will grow to 34 percent in 
the next 10 years.
  I want to share some numbers showing our neglect of these students.
  Only 7 percent of the English language learners in the fourth grade 
and 3 percent of those in the eighth grade were at or above a 
proficient level of English in 2011; non-English language learners saw 
five times as many fourth graders and 11 times as many eighth graders 
at or above proficient levels in English.
  All students should be able to reach those levels and greater.
  Mr. Chairman, English language learners are the fastest growing 
segment of the public school population. The overwhelming majority are 
native-born U.S. citizens. Half are second- or third-generation 
Americans. Adequate educational services could prevent 25 percent of 
English language learners from dropping out, ensuring a fair shot at 
their participation in this economy of ours.
  Instead, our system has failed these students. Second- and third-
generation American citizens in our public schools are not proficient 
in English. This is absolutely unacceptable.
  My amendment provides a funding stream specifically for services for 
English language learners, but the provisions in H.R. 5 do not ensure 
that these funds will be used to support these children.
  H.R. 5 does not do what needs to be done to provide for these 
students. It strips the English language learner title and allows funds 
to be shared, allowing funds to be redirected from their intended 
population. Already, too many schools incorrectly use these funds. 
Opening the door to redirecting funds makes the problem even worse.
  H.R. 5 strips achievement metrics for English language acquisition. 
If we can't measure whether something works or not, what is the point 
of funding it, ladies and gentlemen? Given our poor record of educating 
Americans, why is the Federal Government retreating from having these 
outcomes measured? These children can be doctors, lawyers, business 
owners, educators, and community leaders if we provide them with the 
proper education when they're youngsters. We must allow them to realize 
their potential by investing in them. That is why next week I'll be 
introducing my own bill on educating English language learners.
  My colleagues on the other side of the aisle give much lip service to 
integrating Latino and immigrant families into American society; 
however, H.R. 5 would have been a great opportunity to show that they 
have meant what they said.
  At this time, I yield as much time as she may consume to my friend 
from Illinois, Congresswoman Duckworth.

                              {time}  1600

  Ms. DUCKWORTH. Mr. Chairman, I thank the gentleman from California 
for yielding, and also for your leadership on this important issue.
  Earlier this year, at Harper College in Illinois, I held an education 
roundtable with school district administrators and parents on the 
importance of averting the sequester and reforming our education 
system.
  Since then, I have heard continuously from educators and parents 
throughout my district on the importance of English language learner 
programs for our young men and women. As a child, English was not my 
first language, and I understand intimately the importance of programs 
that help children learn the language of our Nation. It makes them more 
competitive when they become adults and enter the workforce. It also 
makes our Nation more competitive to have truly bilingual members of 
the workforce.
  That is why I support proper funding of the English Language Learner 
program, and I'm rising in opposition to this dangerous bill that, 
simply put, lets students down. H.R. 5 ignores the needs of this 
growing portion of our student population. It ignores them, along with 
poor children, migratory children, and neglected children.
  This bill guts education funding, rolls back protections for 
disadvantaged students, and removes accountability provisions that we 
all know our students deserve. I want the children in my district to 
receive excellent education, and this partisan, extreme bill will fail 
to provide that.
  Mr. CARDENAS. Mr. Chairman, how much time do I have remaining?
  The Acting CHAIR (Mr. Poe of Texas). The gentleman from California 
has 1 minute remaining.
  Mr. CARDENAS. Mr. Chairman, my amendment, while ruled in order, does 
not go as far as we should. In fact, Mr. Miller's substitute provides 
even more of an opportunity for us to serve this important need. His 
bill would replace H.R. 5. Therefore, I ask my colleagues to support 
Mr. Miller's substitute language, vote against the current language.
  Mr. Chairman, I withdraw my amendment.


               Amendment No. 4 Offered by Mr. Luetkemeyer

  The Acting CHAIR. It is now in order to consider amendment No. 4 
printed in House Report 113-158.
  Mr. LUETKEMEYER. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 6, after line 21, insert the following new section:

     SEC. 7. SENSE OF THE CONGRESS.

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

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman 
from Missouri (Mr. Luetkemeyer) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from Missouri.
  Mr. LUETKEMEYER. Mr. Chairman, I rise today in support of my 
amendment that expresses the sense of Congress that States and local 
education agencies should maintain the rights and responsibilities of 
determining curricula and assessments for their students. Local control 
is the foundation of American education, providing the diversity of 
thought and practices that has propelled our education system forward.
  As many parents and teachers will tell you, the people closest to the 
child

[[Page H4695]]

are the ones best suited to deliver the highest quality education. No 
Washington bureaucrat, through top-down mandates or regulations, should 
determine what is best for each of our Nation's more than 100,000 
schools and their nearly 50 million students.
  Unfortunately, in recent years the Federal Government has vastly 
expanded its influence over local education decisions. Through efforts 
to push Common Core State Standards, the Department of Education has 
incentivized and pressured States into adopting common national 
standards and assessments favored by the Department.
  Although initially billed as a simple framework, these standards and 
assessments will ultimately influence the curricula and instructional 
materials that are used in classrooms across the Nation. As Federal 
bureaucrats attach more strings to what the schools are able to do, 
they lessen the ability of parents, teachers, administrators, and 
school board members to determine the most appropriate ways to help 
students learn.
  In addition to producing bad practices, this increased Federal 
influence over our classrooms threatens to run afoul of numerous 
Federal laws. The General Education Policy Act, the Department of 
Education Organization Act, and No Child Left Behind all include 
statutory language prohibiting the direction, control, and supervision 
of curricula and instructional materials by the Federal Government.
  Every school is different; every classroom is different; every 
student is unique; and the quicker we recognize and understand this 
dynamic, the more able we will be to help our children succeed. 
Maintaining the right of States and local school boards to set 
curricula allows for competitive excellence and innovation in our 
education system. Respecting the historic role of local communities 
while adhering to high standards will produce the superior outcomes 
that we all desire.
  It is imperative that we give States and local agencies the right to 
reclaim their education decisionmaking authority. When included in the 
underlying legislation, this amendment will help roll back the 
Department's role in Common Core by clearly reaffirming that teachers, 
parents, and local school districts should maintain the authority to 
determine what their children are taught.
  I thank Chairman Kline for his efforts and for including another way 
to address Common Core in the underlying bill. I urge my colleagues to 
support this amendment and support H.R. 5.
  With that, Mr. Chairman, I yield back the balance of my time.
  Mr. ANDREWS. Mr. Chairman, I rise to claim the time in opposition to 
the amendment.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. ANDREWS. Mr. Chairman, I yield myself 2 minutes.
  (Mr. ANDREWS asked and was given permission to revise and extend his 
remarks.)
  Mr. ANDREWS. Mr. Chairman, I oppose this amendment, we oppose this 
amendment because we believe it is redundant and ideological. It truly 
is a solution in search of a problem.
  Not one word of existing Federal law, and as I read it, not one word 
of the underlying bill, authorizes the Federal Department of Education 
to create curriculum, any sort of curriculum for States and for local 
school districts. As a matter of fact, I would offer the author of the 
amendment just this one thought, and I know he is proceeding with a 
good-faith intent to make sure that the day never comes when there is a 
national curriculum. I think in some ways this amendment is contrary to 
that goal because it implies that the amendment is necessary.
  The amendment is unnecessary if, as is the case, there is no present 
authority for a national curriculum in Federal law, and there is no 
existing authority under the proposed bill for a national curriculum. 
Adding this may actually raise the ambiguity that there is something in 
existing Federal law or in the bill that would authorize a national 
curriculum.
  So I think that this is simply a statement to try to solve a problem 
that does not exist in present law or in this bill, and I would 
respectfully urge a ``no'' vote on the amendment.
  With that, Mr. Chairman, I yield 1 minute to the gentleman from 
Michigan (Mr. Kildee).
  Mr. KILDEE. Mr. Chairman, I thank the gentleman for yielding.
  I am speaking on the previous amendment, the Young amendment. I ran 
out of time earlier.
  As currently written, this bill does not provide a clear funding 
source for Indian education programs, which violates an important trust 
responsibility between the Federal Government and our sovereign Indian 
nations. We have a moral obligation as a society to provide quality 
education for all children, including Native American youth.
  I believe it is a huge mistake to eliminate title VII, and if this 
amendment, the previous amendment, is not adopted in rollcall, I 
believe it will have a negative impact on Native American communities.
  Mr. ANDREWS. Mr. Chairman, I yield 2 minutes to the gentleman from 
Colorado (Mr. Polis), a real leader in education.
  Mr. POLIS. Mr. Chairman, this Chamber, this body here at the Federal 
level, is simply the wrong venue, the wrong place, to be discussing 
this issue of Common Core Standards. If the gentleman and others are 
interested in making sure that their States or their districts don't 
adopt them, they need to run for State House, they need to run for 
Governor, they need to run for State board, State superintendent. This 
body here, the Federal Government, has absolutely nothing to do with 
Common Core Standards, nor should we have a role in trying to prevent 
States from working together, which symbolically this amendment does.
  I think it's great that my State and a number of others have taken 
advantage of economy in scale to prepare good college and career-ready 
standards. I think it's terrific that States like Virginia and 
Minnesota, outside of the working group of Governors, have come up with 
their own core standards for college and career-ready that are 
different but also high standards.
  There's different ways to get there. And again, if any folks in this 
Chamber feel passionately about that, they ought to run for a different 
office because it's not this body that decides on standards. I think 
it's the wrong reason to come here and try to force any particular 
standard down any State's throat.
  Very clearly, I think it's great some States are working together. My 
State is among them. It is very important that we don't have a race to 
the bottom with regard to standards. One of the dangers of this 
underlying bill is that it encourages that. It encourages States to 
define mediocrity as success by lowering their standards and showing 
that all students are achieving when achievement means nothing and the 
very definition of the word is diluted.

  So, yes, we, of course, have a Federal interest as a Nation in making 
sure that kids from Alaska, from Minnesota, from Texas, and from 
Colorado are ready for college or ready for career. And if some States 
want to work together to develop those standards that can save money, 
save time, be convenient for families to move between those States, if 
other States want to take it upon themselves to engage in that; but 
certainly what this amendment insinuates, that somehow States are being 
coerced to do a certain thing, is contrary to Secretary Duncan's 
testimony before our committee and contrary to fact. And anybody who 
disagrees, frankly, needs to run for a different office to advocate for 
or against a particular set of standards.
  Mr. ANDREWS. It is my understanding that the majority side has 
yielded back its time, and we have how much time left?
  The Acting CHAIR. The gentleman is correct; the majority has yielded 
back its time. The gentleman from New Jersey has 1 minute remaining.
  Mr. ANDREWS. Mr. Chairman, I yield myself the balance of my time in 
closing.
  The problem with the underlying bill is not that it tries to impose a 
national curriculum. The problem is that we believe it ignores a 
national interest. The national interest is in articulating high 
standards for every student in our country, and then leaving to the 
creative energies of local educators and

[[Page H4696]]

families the best way to reach those high standards.
  The failure of the underlying bill to reach that objective is the 
reason that business groups such as the Chamber of Commerce, education 
groups, civil rights groups, and disabled advocates have united in an 
unusual coalition, frankly, to oppose the underlying legislation. We 
think that the underlying bill is flawed. We think that this amendment 
flaws that flaw and respectfully would ask for a ``no'' vote on the 
offered amendment and the underlying bill.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Missouri (Mr. Luetkemeyer).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. LUETKEMEYER. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Missouri 
will be postponed.


               Amendment No. 5 Offered by Ms. Jackson Lee

  The Acting CHAIR. It is now in order to consider amendment No. 5 
printed in House Report 113-158.
  Ms. JACKSON LEE. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 16, line 6, strike ``low-performing schools'' and 
     insert ``neglected, delinquent, migrant students, English 
     learners, at-risk students, and Native Americans, to increase 
     academic achievement of such students''.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentlewoman 
from Texas (Ms. Jackson Lee) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Texas.
  Ms. JACKSON LEE. Mr. Chairman, I thank the Chairman very much. I am 
reminded in my amendment of the high calling of Chairman Miller and 
President Bush some many years ago with the name Leave No Child Behind.
  My amendment could be called ``Throw No Child Away'' or ``No Child is 
a Throwaway,'' for that is the necessity of where we are today with the 
underlying bill. We must restore and help those children who are 
considered throughout America as at-risk children.
  Research shows that a disproportionate number of schools with 
predominantly low-income African American and Hispanic students have 
low housing stability and that such students are more likely than 
others to switch schools in the middle of the year. High student 
mobility has consequences for students, teachers, and schools, and 
could result in lower achievement levels, slower academic pacing, and 
lower teaching satisfaction.
  My amendment expands that concept; and it indicates that States with 
insufficient funding should find a way to target funds for schools 
serving neglected, delinquent, migrant students, English learners, at-
risk students, and Native Americans to increase academic achievement of 
such students, all with the idea that there are no throwaway children.
  Children and education are one and the same. That is the work of 
children. When children are at work and are fully educated--and when I 
say that, at their work, a combination of education and play--what you 
create is a greater America.
  Poor families, for example, move 50-100 percent more often than 
nonpoor families. Migrant children typically move from community to 
community. Foster children often change schools each time they're 
removed from a home. Right now, as I speak, we in Houston are trying to 
establish one of those homes for aged-out children who are still in 
high school who've aged out of foster care.

                              {time}  1615

  Those children typically are at risk. We can't shortchange them, as 
the underlying legislation does.
  Student mobility has consequences with students and teachers and, 
therefore, we need to help build higher achievement levels because 
there is a possibility of lower achievement levels, lower academic 
pacing, and lower teacher satisfaction.
  Take the school district that I represent, HISD, 200,000 students, 80 
percent of which are eligible for free and reduced-price lunch. 
Children can not learn if they are hungry.
  HISD has a diverse population. But, 100 of the largest districts 
represent less than 1 percent of all school districts in the Nation. 
Yet it enrolls 21 percent of all students, including 25 percent of 
census poverty students, 33 percent of Black students, 32 percent of 
Hispanic, and 31 percent of all minority students.
  But the real point is that, in addition to these large school 
districts, this amendment respects the rural communities of America and 
deals with at-risk children in those areas, and deals with migrant 
students in those areas, and indicates that a State should not 
shortchange those individuals if their grant money is, in fact, 
shortchanged. Don't shortchange the children. Again, there are no 
throwaways.
  So I think my amendment balances great needs in the underlying 
legislation by saying to my colleagues that the understanding of 
education is that it should be equal to all. And the quality should be 
equal to all, and therefore, whether you are a student that moves 
frequently, or a migrant student, or an English-learner student, you 
should not be denied an excellent education.
  I reserve the balance of my time.
  Mr. ROKITA. Mr. Chairman, I rise to claim time in opposition, but I 
do not intend to oppose the amendment.
  The Acting CHAIR. Without objection, the gentleman from Indiana is 
recognized for 5 minutes.
  There was no objection.
  Mr. ROKITA. Mr. Chair, as one of the authors of the underlying 
legislation, I'll be the first to admit that going through the progress 
that we have laid out in this House has the potential to only make the 
legislation better.
  In that vein, this amendment, as I understand the gentlelady to 
propose it, supports the tutoring and public school choice options in 
the Direct Student Services program. Tutoring services and public 
school choice are key programs to ensure students have the opportunity 
to access critical educational help or to find a school that better 
fits their needs.
  We know, through study after study, through letter after letter, 
through parent interview after parent interview, that students who have 
access to tutoring services do better in school, those who are in a 
school that fits their learning style better.
  This is a minor amendment to the important program that I think 
already exists in the underlying law, and it says that if there is not 
enough funding in the State to support all of the applications for 
direct student services, that it should prioritize the vulnerable 
populations, rather than look at supporting the lowest-performing 
schools. So, either way, the important thing is to help students have 
access to high-quality tutoring and school choice.
  For that reason, I reserve the balance of my time.
  Ms. JACKSON LEE. I thank the gentleman for his expression on this 
particular amendment. Let me frame it, as I close, thanking my 
colleagues and expressing my commitment to the concept that no child 
should be thrown away.
  With formulas changing, block grants being promoted, the idea of a 
State being shortchanged in its awards means that there needs to be 
focus and refocus, and that is, from my perspective, to look at those 
children, whether they're rural or urban communities that need to be 
educated who could be considered neglected, delinquent, migrant 
students, English-learners, at-risk students, Native American youth, 
and to determine again, to find a way to focus those dollars in a way 
that will lift, in essence, all educational boats.
  Sometimes that will be an enormous challenge, as this formula has 
evidenced. And I would like to see that no matter what happens in the 
underlying bill, that we have these children protected, many of whom 
are in the school districts that I represent, including formerly the 
North Forest Independent School District, that could have benefited 
from those resources, having given to them a number of rural school

[[Page H4697]]

districts in Texas that could have benefited from targeted dollars, to 
be able to keep them as existing viable school districts, teaching 
their children, not closed school districts.
  So I hope that as we proceed that the message that comes, ultimately, 
from Members of Congress is that we promote education first, and the 
children at risk will never be lost in the debate, but we'll always 
support them.
  I ask my colleagues to support the Jackson Lee amendment.
  I yield back the balance of my time.
  Mr. ROKITA. I'd ask the Chair how much time I have remaining.
  The Acting CHAIR. The gentleman from Indiana has 3\1/2\ minutes 
remaining.
  Mr. ROKITA. In closing, I'd like to urge my colleagues, as well, to 
support this amendment and the Student Success Act in its entirety.
  And in response to the debate we've seen here on the floor this 
afternoon, Mr. Chairman, so far, I'd like to say that there are many 
organizations in support of the Student Success Act, including the 
American Association of School Administrators, the National School 
Boards Association, the Council of Chief State School Officers, the 
Council for American Private Education, the Association of Christian 
Schools International, Concerned Women for America, National 
Association of Independent Schools, National Alliance for Public 
Charter Schools, and many more.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Texas (Ms. Jackson Lee).
  The amendment was agreed to.


               Amendment No. 6 Offered by Mr. Bentivolio

  The Acting CHAIR. It is now in order to consider amendment No. 6 
printed in House Report 113-158.
  Mr. BENTIVOLIO. Mr. Chairman, I rise to introduce my amendment to 
H.R. 5.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:
       Page 20, line 21, strike ``and parents'' and insert 
     ``parents, private sector employers, and entrepreneurs''.
       Page 39, line 10, strike ``and local educational agencies'' 
     and insert ``local educational agencies, and private sector 
     employers (including representatives of entrepreneurial 
     ventures)''.
       Page 39, line 15, strike ``75 percent'' and insert ``65 
     percent''.
       Page 39, line 16, insert ``and 10 percent are 
     representatives of private sector employers'' before the 
     period at the end.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman 
from Michigan (Mr. Bentivolio) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Michigan.
  Mr. BENTIVOLIO. Mr. Chairman, I have taught in both private and 
public schools. My children graduated from both private and public 
schools. I am certified as both a vocational and general education 
teacher, and I also have a master's degree in education.
  Our students deserve not just a quality education but an education 
that prepares them for the jobs of tomorrow, instilling them with 
passion, confidence and skills needed to be successful in the 21st 
century's global economy.
  In my State, we have some of the best schools and universities. But 
what I hear from our employers is that our students don't have the 
skills necessary to fill many of the jobs they are offering. This is 
especially true for companies in the STEM and manufacturing sectors.
  This amendment brings employers, entrepreneurs, teachers and parents 
together to ensure that academic standards adequately prepare students 
to obtain employment, enter college, or start their own business after 
graduating from high school, regardless of their circumstances in life.
  As a former teacher, I know, firsthand, how poor circumstances can 
negatively impact a child's ability to learn. Broken homes, poverty and 
mental health concerns are things that put children in a challenging 
position. Having a disadvantage, however, does not mean that they do 
not have the potential to live a successful and happy lives. Just ask 
any educator.
  Teachers see talent and potential in all of their students. Children 
need someone to tell them they are capable and talented. They also need 
to know what opportunities exist and what skills they need to obtain 
those jobs. Too often we simply assume that they know.
  By allowing employers to be part of the conversation in education, we 
can help broaden the economic horizons for all of our students. That 
should be the purpose of our education system.
  There are many paths to success in the United States. That is what 
makes our country so special and so unique. We need to ensure our 
schools are not just producing workers, but also developing job 
creators and small business owners. We need the leaders of today to 
pass on their knowledge for tomorrow.
  Regardless of what side of the aisle they sit on, I think most of my 
fellow Members of Congress believe that our students need to be 
prepared for jobs. If we want our education system to focus on college 
and career-readiness, including creating jobs, then we need to have the 
private sector at the discussion table. This amendment does just that. 
I ask for your support.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chair, I rise to claim the time 
in opposition.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. GEORGE MILLER of California. Mr. Chairman, and Members of the 
House, I oppose this amendment offered by the gentleman from Michigan 
because I think this amendment continues the ideological approach here 
that we have in taking away Federal dollars under H.R. 5 from the 
poorest schools in our systems, serving some of the poorest children in 
our country, at a time when this legislation locks in the post-
sequestration funding for the schools now, as H.R. 5 does, and mandates 
that those scarce dollars go to the private sector. Now we're mandating 
that those schools now get involved with the private sector.
  I don't know, maybe it's different in your States. But in my State, 
when local school districts put together their budgets, when local 
school districts consider engaging in developing new programs and new 
curriculums, they invite the community to come in and participate in 
those discussions across the board. Nobody has to mandate them to do 
that. They do that because those are community schools. Those are 
trying to serve the community.
  Whether it's at the elementary level, or at the high school level or 
at the community college level, this is what they do in developing 
those curriculums and developing those assessments that are taking 
place. And so I don't understand.
  In a bill that rails against Federal mandates, we're now on to our 
second mandate under this legislation. Why are we creating these 
mandates for these local districts that know better, that know how to 
do it best, according to all of the statements here?
  Why are we then mandating from the Federal Government to do it this 
particular way?
  In my community I would say they already do it this way, but I don't 
think they need to be mandated to do that. And for these reasons, I 
oppose this amendment because I think it continues the ideological bent 
that somehow, while mandates are bad for schools when they come from 
the Federal Government, apparently, when they come from the Congress 
they're good.
  So we'll try to sort this out in the meantime. But in the meantime 
I'll oppose this amendment.
  I reserve the balance of my time.
  Mr. BENTIVOLIO. Mr. Chairman, sadly, too much of our Federal 
education policy is based on where children are, instead of where we 
want them to be. We need our children, but especially those we label as 
disadvantaged, to know that they can be anything they set their mind 
to.
  When we continue to tell children they are victims instead of 
empowering them to seize the talents God has blessed them with, we, as 
a Congress and as a society fail.
  Many of my colleagues believe it takes a village to raise a child. 
Well, entrepreneurs, small business owners and employers are part of 
that community. It is the business owner who hires, the entrepreneur 
who creates opportunity. This is exactly why they

[[Page H4698]]

should be involved in the education policy.
  It is time we stop merely labeling children as disadvantaged and, 
instead, let's empower our States and teachers to implement the 
potential they see every day in the classroom by working with 
representatives from the private sector and the entrepreneurs.
  I yield back the balance of my time.
  Mr. GEORGE MILLER of California. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Michigan (Mr. Bentivolio).
  The amendment was agreed to.


            Amendment No. 7 Offered by Mrs. McMorris Rodgers

  The Acting CHAIR. It is now in order to consider amendment No. 7 
printed in House Report 113-158.
  Mrs. McMORRIS RODGERS. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 22, line 14, insert ``in each subject being assessed'' 
     after ``student''.
       Page 22, line 15, insert, ``alternate academic 
     achievement'' before ``standards''.
       Page 22, line 17, strike ``standards'' and insert ``content 
     standards for the grade in which the student is enrolled''.
       Page 22, line 19, strike ``promote'' and insert 
     ``provide''.
       Page 22, line 20, strike ``and''.
       Page 22, line 23, strike the period and insert a semicolon.
       Page 22, after line 23, insert the following:

       ``(IV) are vertically aligned;
       ``(V) reflect concepts and skills that students should know 
     and understand for each grade and the enduring understandings 
     of the content being tested (such as concepts and skills that 
     identify core concepts, principles, theories, and processes, 
     serve to organize important facts, skills, or actions around 
     central ideas, and are transferable to other contexts or 
     other disciplines); and
       ``(VI) are supported by evidence-based learning 
     progressions to age and grade-level performance.''.

       Page 28, beginning on line 20, strike ``aligned with'' and 
     insert ``based on''.
       Page 28, line 21, strike ``standards'' and insert 
     ``achievement standards''.
       Page 29, line 11, strike ``are informed'' and insert ``, as 
     part of the individualized education program team for such 
     students, are involved in the decision''.
       Page 29, line 14, strike ``standards'' and insert 
     ``academic achievement standards''.
       Page 29, line 16, strike ``precludes'' and insert ``may 
     preclude''.
       Page 29, line 20, strike ``demonstrates'' and insert 
     ``provides evidence''.
       Page 29, line 21, strike ``, to the extent practicable,''.
       Page 29, after line 24, insert the following:
       ``(iv) certifies that the State's requirements for academic 
     assessments under this paragraph and subparagraphs (A) and 
     (B) are universally designed to be accessible to students, 
     including students with sensory, physical, and intellectual 
     disabilities;''.
       Page 30, line 1, strike ``(iv)'' and insert ``(v)''.
       Page 30, line 2, insert ``make available,'' after 
     ``about,''.
       Page 30, line 2, strike ``appropriate'' and insert 
     ``reasonable adaptations and appropriate''.
       Page 30, line 4, strike ``disabilities'' and insert ``the 
     most significant cognitive disabilities''.
       Page 30, line 4, strike ``who'' and insert ``participating 
     in grade-level academic instruction and takes steps to ensure 
     the use of appropriate accommodations to increase the number 
     of students with the most significant cognitive disabilities 
     who''.
       Page 30, beginning on line 6, strike ``for the grade in 
     which a student is enrolled''.
       Page 30, line 7, strike ``and''.
       Page 30, line 8, strike ``(v)'' and insert ``(vi)''.
       Page 30, line 11, strike ``assessments'' and insert 
     ``assessments based on alternate academic achievement 
     standards adopted in accordance with paragraph (1)(D)''.
       Page 30, line 13, strike the period and insert a semicolon.
       Page 30, after line 13, insert the following:
       ``(vii) requires separate determinations about whether a 
     student should be assessed using an alternate assessment for 
     each subject assessed;
       ``(viii) ensures that, if a student's individualized 
     education program includes goals for a subject assessed based 
     on alternate academic achievement standards, such goals are 
     based on academic content standards for the grade in which 
     the student is enrolled; and
       ``(ix) ensures that students assessed on alternate academic 
     standards are not precluded from the opportunity to earn a 
     secondary school diploma.''.
       Page 34, after line 23, insert the following:
       ``(C) Students with the most significant cognitive 
     disabilities.--When measuring the academic achievement of 
     students against the State's academic content standards under 
     subparagraph (B)(I) or, if applicable, measuring adequate 
     student growth against such standards under such 
     subparagraph, States and local educational agencies may 
     include, for all schools in the State or local educational 
     agency, the performance of the State's or local educational 
     agency's students with the most significant cognitive 
     disabilities on alternate assessments described in subsection 
     (b)(2)) in the subjects included in the State's 
     accountability system, if the total number of the students 
     taking such alternate assessments based on alternate academic 
     achievement standards in all grades assessed and for each 
     subject in the accountability system does not exceed 1 
     percent of all students at the State and local educational 
     agency levels, separately, in the grades assessed in each 
     subject.''.
       Page 34, line 24, strike ``(C)'' and insert ``(D)''.
       Page 35, line 5, strike ``(D)'' and insert ``(E)''.
       Page 429, line 11, strike ``significant'' and insert ``the 
     most significant''.
       Page 429, line 13, strike ``aligned to'' and insert ``based 
     on''.
       Page 429, lines 17 through 21, strike ``diploma'' and all 
     that follows through ``Education Act'' and insert the 
     following: ``diploma aligned with the State's academic 
     content standards, which has been developed by a team of 
     experts including organizations representing such students 
     and their families''.
       Page 429, line 23, insert after ``Act'' the following ``, 
     except that not more than 1 percent of students served by a 
     State or a local educational agency, as appropriate, shall be 
     counted as graduates with a regular high school diploma under 
     this subparagraph''.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentlewoman 
from Washington (Mrs. McMorris Rodgers) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from Washington.

                              {time}  1630

  Mrs. McMORRIS RODGERS. Mr. Chairman, no one in this Chamber would 
argue the fact that a strong education system is important to keeping 
our Nation competitive and a leader in the 21st century and beyond. And 
no one in this Chamber will argue that a strong, quality education for 
our children is foundational for their growth, their development, and 
their success for whatever path they choose.
  Yet for a segment of the student population, access to a quality 
education can sometimes be a struggle. I appreciate Chairman Kline's 
leadership as chair of the Education Committee. There are things about 
this legislation that are positive. The bill maintains requirements 
that States test all students in reading, math, and science, and report 
that data, disaggregated by subgroup, so we can begin the process of 
providing transparency on student performance. I also thank the 
chairman for working with me to include language in the manager's 
amendment around universal design for learning to improve the 
accessibility of assessments.
  But I remain concerned that the protections in this bill for students 
with disabilities are inadequate. I know firsthand the positive impact 
of including students with special needs into the general curriculum. 
Further, I know that having access to the right assessments and 
curriculum drives student progress and achievement. My son, Cole, is a 
thriving 6-year-old who's learning at grade level. And, yes, he has an 
extra 21st chromosome, commonly known as Down syndrome.
  I am concerned, though, that Cole and other children like him could 
see access to general curriculum diminished by this bill. The Student 
Success Act removes a cap that currently exists that limits the 
percentage of students to whom schools can administer an alternate 
assessment aligned to alternate standards. My amendment would restore 
it. Without this cap, I believe schools will abuse their authority and 
students will suffer. I believe we can return greater flexibility to 
the States and still maintain key protections for students like Cole. 
Flexibility for States is not mutually exclusive of accountability.
  At this point I yield to the gentleman from Mississippi (Mr. Harper).
  Mr. HARPER. Mr. Chairman, I rise in support of the amendment by the 
gentlewoman from Washington. Like her, I am the parent of a child with 
special needs. My 24-year-old son Livingston has Fragile X syndrome, 
and we know personally the amazing progress we've made within our 
current educational system to help push our kids into mainstream 
America. I commend the gentlewoman from her leadership in making this 
point.
  We cannot give kids with developmental disabilities the tools they 
need to become employed and less dependent on government services 
without the

[[Page H4699]]

most appropriate education possible. And we cannot provide an 
appropriate education to developmentally disabled children based upon 
antiquated assumptions of what our kids cannot do. We have to push our 
special kids and the schools if they are to have a chance to meet their 
full potential.
  There's a lot of good in this bill, and I commend and thank Chairman 
Kline for his efforts. I will vote for it. But I do so only because I'm 
confident that our concerns for special needs children will be 
addressed in conference.
  Mrs. McMORRIS RODGERS. For these reasons, I'd like to ask the 
chairman of the committee to work with me, Mr. Harper, and others who 
have expressed concerns as this process moves forward.
  To that end, would the chairman engage in a colloquy with me 
concerning the importance of supporting students with disabilities?
  Mr. KLINE. I would be happy to do so.
  Mrs. McMORRIS RODGERS. Mr. Chairman, as I said before, there are 
things about this bill that are positive, and I thank you for your 
thoughtful approach to this reauthorization. However, I'm very 
concerned about what I believe to be a lack of sufficient protections 
for students with disabilities. These students are often our most 
vulnerable; and as we work to reform our education laws, we should 
maintain the strong supports these students need to thrive.
  Chairman Kline, would you be willing to work with me and other 
Members with similar concerns as the reauthorization process continues 
to ensure that all students, including students with disabilities, have 
access to a high-quality education?
  I yield to the gentleman from Minnesota.
  Mr. KLINE. I thank the gentlewoman for yielding. Let me thank my 
colleague from Washington for her leadership on this important issue 
and for her remarks today. I understand the passion and knowledge she 
brings to this topic.
  Throughout this reauthorization process, we have sought to 
recalibrate the Federal role in education, undoing the excesses of the 
past while maintaining provisions of the law that ensure parents and 
communities have the information they need to evaluate their schools' 
and students' performance. As the gentlewoman acknowledged, we do 
maintain requirements for disaggregated achievement data so special 
needs students' achievement won't be masked by high averages among all 
students.
  On the topic of the gentlewoman's amendment, we do maintain current 
requirements that narrowly define the population of students eligible 
to take an alternate assessment. I believe these are important 
provisions that will limit the possibility of abuse by schools. That 
said, I share my colleague's desire to see all students, including 
those with special needs, succeed in school and beyond. And I'm happy 
to work with her and other Members on this issue as the reauthorization 
process continues.
  Mrs. McMORRIS RODGERS. I yield back the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chair, I rise to claim time in 
opposition, although I am not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman is recognized for 
5 minutes.
  There was no objection.
  Mr. GEORGE MILLER of California. I thank the gentlewoman for 
introducing this amendment. I strongly support this amendment for all 
of the reasons that she laid out in her remarks in support of her 
amendment.
  I believe that, in its current form, H.R. 5 would undo decades of 
progress and relegate students with disabilities to a second-class 
education. That's why the disabilities community stands united in firm 
opposition to this bill. It astounds me that this body is considering 
enactment of such draconian policies. I thought that by 2013 bipartisan 
consensus on natural ability and potential of all children would be 
commonplace, but I was wrong.
  One of the biggest victories we had under No Child Left Behind was 
the attention to students with disabilities, with the assumption that 
this population of students can and will achieve. Students with 
disabilities have thrived under these high expectations. H.R. 5 returns 
us to the era of soft bigotry and of low expectations with respect to 
students with disabilities, and that is unacceptable.
  This Republican bill completely removes students with disabilities 
from the accountability system, greenlighting States and districts to 
assess any student with disabilities to a lower standard by allowing 
States to develop and assess students based upon a lower set of 
standards regardless of the severity of the disability. This would 
return us to a time when students with disabilities are hidden and not 
given access to quality education. That was the situation when I came 
to this Congress.
  I'm no prouder of any act that I've ever authored than the Children 
With Handicaps Act, now known as IDEA, the Individuals with 
Disabilities Education Act. We cannot undermine that legislation and 
the progress and achievements that those children and their families 
have made and to see their successes. And now to suggest they will not 
be in an accountability system so that we hold schools accountable for 
the achievement and the successes of those children is just 
unacceptable.
  I strongly support the McMorris Rodgers amendment, and I yield such 
time as he may consume to the gentleman from Colorado.
  Mr. POLIS. I thank the ranking member for his time and his staunch 
advocacy on this. I express my appreciation to Mrs. McMorris Rodgers, 
as well, for bringing forth this important amendment.
  Mr. Chairman, this underlying bill has an accountability hole so huge 
an entire school bus of children will fall through it.
  In many school districts, 12 to 15 percent of kids have some kind of 
IEP or are receiving some special ed services. Essentially, absent this 
amendment, there's no accountability assured for those kids. In fact, a 
disproportionate share of the Federal investment is for kids with IDEA. 
We've never met the 40 percent promise that we've made. IDEA and, of 
course, free and reduced lunch are two of our larger funding streams. 
If anything, we as custodians for the taxpayers should be interested in 
more accountability, not less accountability, for students with 
learning disabilities, not to mention the moral dimension and the 
surety that families across our country want that the learning needs of 
all children will be met.
  Absent this amendment, the underlying bill has a perverse incentive 
for school districts to do what they used to do for years before the 
current law was implemented and that is sweep problems under the rug, 
define success down, and effectively allow schools to have some 
students that they don't have to account for success for in any way.
  This amendment is absolutely critical to restore meaning to an 
accountability system that otherwise allows for gamesmanship and 
exclusion of the families that need it the most.
  Mr. GEORGE MILLER of California. Mr. Chair, I yield the remaining 
time to the gentlewoman from Washington (Mrs. McMorris Rodgers), and 
thank her again for this amendment.
  Mrs. McMORRIS RODGERS. I thank the gentleman for yielding.
  I'd like to enter into the Record letters from the disability 
community regarding this amendment.

                                      Consortium for Citizens with


                                                 Disabilities,

                                    Washington, DC, July 17, 2013.
       Dear Representative: We write on behalf of the Education 
     Task Force of the Consortium for Citizens with Disabilities 
     (CCD) to urge you to oppose the Student Success Act (H.R. 5) 
     in its current form. While we have many concerns with the 
     bill, we are writing today with regard to five fundamental 
     issues that seriously undermine the progress and academic 
     achievement of students with disabilities. They are: The 
     elimination of more than 70 programs, The lack of subgroup 
     accountability, The creation of and lifting of the cap on the 
     Alternate Assessment on Alternate Achievement Standards (AA-
     AAS), The rollback on teacher quality, School safety.


                   Elimination of Education Programs

       CCD shares the goal of eliminating barriers that hinder 
     schools from meeting their obligations to all students, 
     including students with disabilities, but CCD believes the 
     elimination of over 70 programs, and replacing the programs 
     with the Local Academic Flexible Grant will not improve 
     educational outcomes for all students. CCD has a long 
     standing policy of opposing any policy change

[[Page H4700]]

     that takes away resources from one federal education program 
     and redirects those resources to another program. We believe 
     that students with disabilities are general education 
     students first and that any action that would redirect 
     limited education funding away from its intended purpose will 
     ultimately do a disservice to all students in general 
     education.


                        Subgroup Accountability

       As you know, students with disabilities have made 
     considerable gains because of the current focus of the ESEA 
     on all schools and all subgroups. These improvements have 
     come in participation rates, academic achievement on grade 
     level reading and math assessments and more generally in 
     having increased access to the general curriculum and higher 
     expectations for student achievement. CCD believes these 
     gains are due largely to the requirement that the 
     participation and proficiency of all subgroups be measured, 
     reported, and used for the planning of interventions needed 
     for improvement.
       Students with disabilities may be most at risk if revisions 
     to the law do not ensure all schools are accountable for 
     student achievement at the subgroup level and receive extra 
     resources and attention when they fail to produce progress. 
     While the reauthorization of ESEA should explore ways to 
     grant appropriate flexibility to ensure schools can best meet 
     local needs and design instructional needs and interventions 
     at the local level, this flexibility should not eliminate the 
     current focus of ESEA's accountability framework on all 
     schools and all subgroups or eliminate targeted help to 
     schools that need it. To do so ignores the real challenge 
     facing our education systems--that too many schools are not 
     providing an educational experience that enables all students 
     with disabilities to make academic gains. Furthermore, we 
     still believe that states and school districts must intervene 
     in all schools in which subgroups of students, including 
     students with disabilities, are not meeting state standards.


Elimination of the Cap on Alternate Assessment on Alternate Achievement 
                               Standards

       The Student Success Act would radically reduce high 
     expectations for all students with disabilities. The bill 
     would allow states to develop alternate academic achievement 
     standards and eliminate the current cap (often referred to as 
     the 1% regulation) which restricts, for accountability 
     purposes, the use of the scores on less challenging 
     assessments being given to students with disabilities. Such 
     assessments are intended for only a small number of students 
     with the most significant cognitive disabilities. The 
     incidence of students with the most significant cognitive 
     disabilities is known to be far less than 1%. To ignore this 
     data by raising or eliminating the cap would violate the 
     rights of students who do not have the most significant 
     cognitive disabilities and who should not be assessed on 
     alternate academic achievement standards.
       As data and student/family experience show, the decision to 
     place a student in the alternate assessment on alternate 
     achievement standards can limit or impede access to the 
     general curriculum and take students off track for a regular 
     diploma as early as elementary school. These limitations 
     raise concerns for many students who are currently placed in 
     these assessments. The problem would grow if the cap were 
     eliminated. The alternate assessments were not designed or 
     intended to be applied to a broader population of students. 
     Rather than continuing to support students with disabilities 
     in achieving a high school diploma and pursuing employment 
     and postsecondary education, the lack of a cap on the use of 
     the assessment encourages schools to expect less from 
     students with disabilities. This will jeopardize their true 
     potential to learn and achieve.


                            Teacher Quality

       The Student Success Act also eliminates all baseline 
     preparation standards for teachers, instead focusing solely 
     on measuring teacher effectiveness once teachers are already 
     in the classroom. We believe it is a grave mistake to 
     eliminate requirements that all teachers should be fully 
     certified by their state and have demonstrated competency in 
     their subject matter. All students deserve teachers who are 
     fully-prepared on their first day in the classroom and who 
     prove themselves effective once there.
       Additionally, the Student Success Act lacks any significant 
     equity protections, particularly with respect to ensuring 
     equal access to fully-prepared and effective teachers for our 
     nation's most vulnerable students. The bill eliminates the 
     current requirement that low-income and minority students not 
     be disproportionately taught by teachers who are unqualified, 
     inexperienced, or teaching out of field. More generally, by 
     failing to address comparability requirements, the bill fails 
     to ensure that resources--including fully-prepared and 
     effective teachers--are equitably distributed within school 
     districts.
       Finally, the bill represents a significant step backwards 
     in the area of transparency, particularly with respect to 
     providing parents with information about their child's 
     teachers. Where current law requires districts to inform 
     parents when their child was taught for four or more weeks by 
     a teacher who lacked full certification and/or subject matter 
     competency, your proposal eliminates this required 
     disclosure. In so doing, it eliminates parents' access to 
     information that is critical to allowing them to hold their 
     schools accountable for providing students with the resources 
     they need to learn.


                             School Safety

       CCD believes that ESEA must require evidence-based, 
     positive and preventative strategies to promote a positive 
     school culture and climate and keep all students, including 
     students with the most complex and intensive behavioral 
     needs, and school personnel safe. The Student Success Act 
     contains no provisions to ensure that students are free from 
     physical or mental abuse or aversive behavioral interventions 
     that compromise health and safety. The use of restraint and 
     seclusion must only be used in emergencies threatening 
     physical safety and never a substitute for appropriate 
     educational or behavioral support.
       We urge you to revise your bill to unequivocally support 
     high achievement for all students, especially students with 
     disabilities.
           Sincerely,
     Laura Kaloi,
     Cindy Smith,
     Katy Beh Neas.
                                  ____

                                          Collaboration to Promote


                                            Self-Determination

     Hon. John Boehner,
     Speaker of the House, The Capitol, Washington, DC.
     Hon. John Kline,
     Chairman, Education & the Workforce Committee, Washington, 
         DC.
     Hon. Todd Rokita,
     Chairman, Subcommittee on Early Childhood, Elementary, and 
         Secondary Education, Washington, DC.
       Dear Speaker Boehner, Chairman Kline and Chairman Rokita: 
     As national partners of the Collaboration to Promote Self-
     Determination (CPSD), we would like to take this opportunity 
     to express our grave concerns with your proposed 
     reauthorization of the Elementary and Secondary Education Act 
     (ESEA), entitled Student Success Act (H.R. 5), scheduled for 
     markup on June 19th. We cannot support this current proposal 
     and respectfully request that Congress not move forward in 
     considering it until more efforts are made to ensure 
     equitable access to education for all students and stronger 
     accountability measures for states and local education 
     agencies (LEAs) that are inclusive of all students, including 
     students with the most significant cognitive disabilities.
       We share Chariman Rokita's view that a quality education is 
     the backbone of our nation and that without a quality 
     education neither democracy nor our economy can survive. 
     Representative Polis's conviction that ``all students should 
     have access to high-quality schools where children can learn, 
     grow, and develop skills that will help them succeed in 
     college and the workforce'' supports our belief that all 
     students with disabilities, including individuals with 
     intellectual and developmental disabilities, must access the 
     grade-level general education curriculum, attain the college 
     and career ready academic standards set forth by states, and 
     participate in fully inclusive educational settings. We 
     applaud Representative Petri's efforts to speed specialized 
     textbooks and other learning materials to sight-impaired 
     children; the current language of the Student Success Act, 
     however, neither supports nor recognizes these efforts. We 
     believe a quality education in the 21st century must be 
     inclusive; diverse in student body, curriculum, and teaching; 
     and accessible to all of our nation's children. The system 
     that has evolved under No Child Left Behind (NCLB) is, 
     indeed, in need of reform; however that reform must sustain 
     the spirit of NCLB: to close the achievement gap so that no 
     child is left behind. We are encouraged that Chairman Kline 
     remains open to working with members on both sides of the 
     aisle through the legislative process; in that spirit, we 
     present the following serious concerns with the current 
     legislation for your careful consideration.


                         Lack of Accountability

       The Student Success Act eliminates nearly all federal 
     requirements that were included in NCLB to ensure that states 
     set high academic performance goals for all students, work to 
     close achievement gaps, and help to improve struggling 
     schools. We cannot meet these high expectations for our 
     children and for our nation without holding those managing 
     the funds accountable for producing results.


               Elimination of Maintenance of Effort (MOE)

       The Student Success Act eliminates the longstanding ESEA 
     Maintenance of Effort (MOE) requirement that, federal dollars 
     are to be used to supplement state and local activities, not 
     to supplant state and district funding. The district must 
     assume primary fiscal responsibility for its efforts to 
     provide a free public education to all students with 
     supplemental assistance from the federal government. The MOE 
     requirement is in place to ensure that there is adequate 
     funding to meet student needs. We have strong concerns that 
     if MOE is eliminated from ESEA, (1) student needs will no 
     longer be reliably met, and (2) there will be an effort to 
     eliminate MOE from IDEA in its next reauthorization.


                  Highly Qualified Teachers Provisions

       The Student Success Act eliminates requirements that 
     teachers meet highly qualified teacher requirements that are 
     currently in NCLB. These requirements determine whether 
     teachers have the necessary credentials and core content 
     knowledge to teach

[[Page H4701]]

     our nation's students. In addition, these requirements also 
     determine whether regular and special education teachers and 
     other appropriate staff enlisted to administer statewide 
     assessments are trained in how to administer these 
     assessments and in how to make appropriate use of reasonable 
     adaptations and valid and reliable accommodations for such 
     assessments, especially for students with the most 
     significant cognitive disabilities. High expectations for 
     excellence in student achievement must be supported by high 
     expectations of excellence for those entrusted to teach our 
     youth.


                 English Language Proficiency Standards

       English language proficiency standards developed by states 
     must not merely be derived from the four recognized domains 
     of speaking, listening, reading, and writing; they must 
     ensure proficiency in these four domains. (page 23, line 4)


                     Statewide Assessment Standards

       The Student Success Act must include requirements for 
     incorporation of principles of universal design for learning 
     as defined in Section 103 of the Higher Education Act of 1965 
     in development of assessments to maximize equality of access 
     to assessment items for all students.
       Statewide assessments must assess students with 
     disabilities using the same unmodified academic content 
     standards used to measure children without disabilities in 
     the same grade level. The Student Success Act omits such 
     necessary language leaving students with disabilities at risk 
     of being held to lower expectations than their peers without 
     disabilities. (page 26, line 3)


                Alternate Academic Achievement Standards

       The determination about whether the achievement of an 
     individual student should be measured against alternate 
     academic achievement standards must be made separately for 
     each student and for each subject. (page 22, line 14)
       Alternate academic achievement standards must not merely 
     promote access to the general curriculum, they must provide 
     access to the general education curriculum. (page 22, line 
     19)
       Language that prohibits adoption of any other alternate or 
     modified standards other than those alternate standards 
     specifically defined within the legislation must be included 
     in order to protect students with disabilities from further 
     marginalization. The Student Success Act does not include 
     such necessary language.


Alternate Assessments Based on Alternate Academic Achievement Standards 
                               (AA-AAAS)

       We strongly believe that students with disabilities, 
     including those with intellectual disabilities, must have 
     access to grade-level general education curriculum and must 
     be expected to demonstrate achievement on the academic 
     content standards set forth by their state. Additionally, we 
     believe that children with disabilities must be educated in 
     inclusive general education classrooms to ensure equality in 
     access to the curriculum for all children. A number of 
     provisions in the Student Success Act undermine these goals.
       Elimination of the Cap. In order to ensure the validity of 
     student achievement data and high academic expectations for 
     all students, there must be a cap on the number of students 
     who take an alternate assessment based on alternate academic 
     achievement standards. The Student Success Act eliminates 
     this cap entirely, opening the door for many more students to 
     be inappropriately removed from the regular state assessment. 
     Currently the proficiency rate for students who take the AA-
     AAAS is far higher than it is for students with disabilities 
     in other assessments, creating an incentive to place students 
     in an AA-AAAS. Data shows that the incidence of students with 
     the most significant cognitive disabilities, the students who 
     are supposed to take the AA-AAAS, is no more than 0.5%. We 
     believe the cap provision must remain and be lowered to 0.5%, 
     to be aligned with incidence data.
       Limits on Access to the General Education Curriculum. 
     States must be required to demonstrate that students who take 
     the AA-AAAS are fully included in the general education 
     curriculum, not merely to the extent practicable as the 
     Student Success Act currently directs. (page 29, line 21) 
     Inclusion to the extent practicable is in conflict with the 
     rights of all students with disabilities under the 
     Individuals with Disabilities Education Act (IDEA). Failure 
     to align this language with existing language in IDEA 
     promotes dissention among families, school districts and 
     state education administrators.
       Preclusion from Opportunity to Earn a Diploma. The Student 
     Success Act permits states to preclude students who take the 
     AA-AAAS from the opportunity to earn a regular high school 
     diploma. The only requirement is that schools inform the 
     parents that participation in the AA-AAAS will preclude their 
     child from completing the requirements for a diploma. States 
     must be required to provide students who take the AA-AAAS 
     with the opportunity to try to meet the requirements for a 
     regular high school diploma in order to improve their 
     opportunities to live independently and be gainfully employed 
     in adulthood.
       We acknowledge the political difficulties in moving 
     legislation of this magnitude forward, and we applaud you for 
     your efforts and leadership toward this ambitious goal. Our 
     comments are submitted in a spirit of collaboration toward a 
     shared goal: to ensure that all of America's students are 
     afforded the opportunity to learn, grow, and develop the 
     necessary skills to become productive adults contributing to 
     the health of our nation.
       CPSD presumes competence on the part of all citizens with 
     significant disabilities to work, accrue savings, and live 
     independently in integrated community settings. CPSD 
     advocates that both education policy and public resources for 
     students with significant disabilities should be focused 
     entirely on helping individuals become self-sufficient, 
     productive members of society. Federal and state policy 
     leaders and implementers of policy, including school 
     administrators, teachers academics who prepare teachers in 
     general and special education should be held accountable for 
     affirming this high expectations for young citizens with 
     significant disabilities.
           Sincerely,
     Association of People Supporting Employment First (APSE)
     Association of University Centers on Disabilities (AUCD)
     Autistic Self-Advocacy Network (ASAN)
     Autism Society of America (ASA)
     Council of Parent Attorneys and Advocates (COPAA)
     Institute for Educational Leadership (IEL)
     National Down Syndrome Congress (NDSC)
     National Down Syndrome Society (NDSS)
     National Fragile X Foundation (NFXF)
     Physician-Parent Caregivers
     TASH
     United Cerebral Palsy (UCP).
                                  ____



                           National Disability Rights Network,

                                    Washington, DC, July 17, 2013.
       Dear Representative: On behalf of the National Disability 
     Rights Network (NDRN) and the 57 Protection and Advocacy 
     agencies we represent, I write to express our concerns with 
     and opposition to the Student Success Act that would 
     reauthorize the Elementary and Secondary Education Act 
     (ESEA). Students with disabilities have significantly 
     benefited from ESEA over the last decade because it requires 
     that schools measure and report the academic achievement of 
     every child, and holds school districts accountable for each 
     student's progress. As a result, more students with 
     disabilities have had the opportunity to learn and master 
     grade-level academic content.
       NDRN is the national membership association for the 
     Protection and Advocacy (P&A) system, the nationwide network 
     of congressionally-mandated agencies that advocate on behalf 
     of persons with disabilities in every state, the District of 
     Columbia, Puerto Rico, the U.S. territories of American 
     Samoa, Guam, U.S. Virgin Islands, and the Northern Mariana 
     Islands, and affiliated with the Native American Consortium 
     which includes the Hopi, Navajo and Piute Nations in the Four 
     Corners region of the Southwest. For over thirty years, the 
     P&A system has worked to protect the human and civil rights 
     of individuals with disabilities of any age and in any 
     setting. A central part of the work of the P&As has been to 
     advocate for opportunities for students with disabilities to 
     receive a quality education with their peers. Collectively, 
     the P&A agencies are the largest provider of legally-based 
     advocacy services for persons with disabilities in the United 
     States.
       NDRN's concerns are summarized as follows: The elimination 
     of more than 70 programs, The lack of subgroup 
     accountability, Lifting of the cap on the Alternate 
     Assessment on Alternate Achievement Standards (AA-AAS), The 
     elimination of requirements regarding teacher qualification, 
     The lack of significant focus on school safety and climate.


                   Elimination of Education Programs

       NDRN shares the goal of eliminating barriers that hinder 
     schools from meeting their obligations to all students, 
     including students with disabilities, but NDRN believes the 
     elimination of over 70 programs, and replacing the programs 
     with the Local Academic Flexible Grant will not improve 
     educational outcomes for all students. We believe that 
     students with disabilities are general education students 
     first and that any action that would redirect limited 
     education funding away from its intended purpose will 
     ultimately do a disservice to all students in general 
     education.


                        Subgroup Accountability

       As you know, students with disabilities have made 
     considerable gains because of ESEA's current focus on all 
     schools and all subgroups. These improvements have come in 
     participation rates, academic achievement on grade level 
     reading and math assessments and more generally in having 
     increased access to the general curriculum and higher 
     expectations for student achievement. NDRN believes these 
     gains are due largely to the requirement that the 
     participation and proficiency of all subgroups be measured, 
     reported, and used for the planning of interventions needed 
     for improvement.
       Students with disabilities may be most at risk if revisions 
     to the law do not ensure all schools are accountable for 
     student achievement at the subgroup level and receive extra 
     resources and attention when they fail to produce progress. 
     While the reauthorization of ESEA should explore ways to 
     grant appropriate flexibility to ensure schools can best meet 
     local needs and design instructional needs and interventions 
     at the local level,

[[Page H4702]]

     this flexibility should not eliminate the current focus of 
     ESEA's accountability framework on all schools and all 
     subgroups or eliminate targeted help to schools that need it. 
     NDRN believes that states and school districts must intervene 
     in all schools in which subgroups of students, including 
     students with disabilities, are not meeting state standards. 
     To not focus on all schools and subgroups ignores the fact 
     that too many schools are not providing an educational 
     experience that enables all students with disabilities to 
     leave school prepared for college and a career.


Elimination of the Cap on Alternate Assessment on Alternate Achievement 
                               Standards

       The Student Success Act would radically reduce high 
     expectations for all students with disabilities. The bill 
     would allow states to develop alternate academic achievement 
     standards and eliminate the current cap (often referred to as 
     the 1% regulation) which restricts, for accountability 
     purposes, the percentage of scores that states can count as 
     proficient on less challenging assessments being given to 
     students with disabilities. Assessments based on alternative 
     achievement standards are intended for only a small number of 
     students with the most significant cognitive disabilities. 
     The incidence of students with the most significant cognitive 
     disabilities is known to be far less than 1 percent. To 
     ignore this data by raising or eliminating the cap negatively 
     impacts students who do not have the most significant 
     cognitive disabilities and who should not be assessed on 
     alternate academic achievement standards.
       As data and student/family experience show, the decision to 
     place a student in the alternate assessment based on 
     alternate achievement standards can limit or impede access to 
     the general curriculum and take students off track for a 
     regular diploma as early as elementary school. The Student 
     Success Act merely promotes that students who will be 
     assessed using Alternate Achievement Standards have access to 
     the general education curriculum by qualifying the statement 
     as to the ``extent practicable'' (p. 30 line 9). This leaves 
     students at risk of being inappropriately excluded from the 
     general education curriculum.
       These limitations raise concerns for many students who are 
     currently placed in these assessments. The problem would grow 
     if the cap were eliminated. The alternate assessments were 
     not designed or intended to be applied to a broader 
     population of students. Rather than continuing to support 
     students with disabilities in achieving a high school diploma 
     and pursuing competitive integrated employment and 
     postsecondary education, the lack of a cap on the use of the 
     assessment encourages schools to expect less from students 
     with disabilities. This will jeopardize their true potential 
     to learn and achieve.


                            Teacher Quality

       The Student Success Act also eliminates all baseline 
     preparation standards for teachers, instead focusing solely 
     on measuring teacher effectiveness once teachers are already 
     in the classroom. We believe it is a grave mistake to 
     eliminate requirements that all teachers should be fully 
     certified by their state and have demonstrated competency in 
     their subject matter. All students deserve teachers who are 
     fully-prepared on their first day in the classroom and who 
     prove themselves effective once there.
       Additionally, the Student Success Act lacks any significant 
     equity protections, particularly with respect to ensuring 
     equal access to fully-prepared and effective teachers for our 
     nation's most vulnerable students. The bill eliminates the 
     current requirement that low-income and minority students not 
     be disproportionately taught by teachers who are unqualified, 
     inexperienced, or teaching out of field. More generally, by 
     failing to address comparability requirements, the bill fails 
     to ensure that resources--including fully-prepared and 
     effective teachers--are equitably distributed within school 
     districts.


     Lack of Significant Focus on School Safety and School Climate

       NDRN also recognizes the significant importance of creating 
     safe schools. Ensuring that students feel safe in school is 
     the critical foundation to academic achievement. The creation 
     of positive school climates, including the use of Positive 
     Behavior Intervention and Supports (PBIS), access to school-
     based mental health professionals, prevention of bullying and 
     harassment, and prevention of restraint and seclusion are 
     critical to the success of students with disabilities. PBIS 
     proactively addresses the academic and behavioral needs of 
     students, and has resulted in reductions in disciplinary 
     incidents and reduced inappropriate referrals and placements 
     in special education. By reducing bullying and harassment, 
     schools have been able to decrease dropout rates and 
     absenteeism and increase academic performance of people with 
     disabilities. As NDRN has documented, the abuse of children 
     through the use of restraint and seclusion as discipline is 
     unacceptable. The use of restraint and seclusion in schools 
     should only occur when students pose an imminent danger to 
     themselves or others, and after their use a parent must be 
     notified. NDRN would request the inclusion of bills such as 
     the Keeping All Students Safe Act, Mental Health in Schools 
     Act, and Safe Schools Improvement Act.
       We urge you to revise your bill to unequivocally support 
     that all students, especially students with disabilities are 
     safe in school and are all held to high expectations for 
     academic achievement.
       NDRN looks forward to working with you to reauthorize the 
     Elementary and Secondary Education Act during this session of 
     Congress. Thank you for considering our views. If you have 
     any questions, please do not hesitate to contact Cindy Smith, 
     Public Policy Counsel at [email protected] or 202-408-9514 
     ext 101.
           Sincerely,
                                                Curt Decker, J.D.,
     Executive Director.
                                  ____



                                                 Easter Seals,

                                    Washington, DC, July 16, 2013.
       Dear Representative: Easter Seals writes to you today to 
     regarding H.R. 5, the Student Success Act. Easter Seals 
     opposes this legislation in its current form and urges you to 
     vote against it when it comes before the full House this 
     week.
       With the implementation of No Child Left Behind, our nation 
     has learned much about students with disabilities and their 
     capacity to learn, thrive and achieve. These students are 
     very successful when they are held to the same high 
     expectations as their peers and provided the instruction, 
     support and accommodations they need. As a result, more 
     students with disabilities have mastered grade-level academic 
     content, fewer are dropping out and more are graduating from 
     high school with a regular diploma.
       As currently written, H.R. 5, bill would allow schools to 
     take millions of students with disabilities off track for a 
     regular high school diploma as early as 3rd grade when 
     assessment decisions are made in schools, relegating them to 
     lower career and college expectations--simply because they 
     receive special education services. Now is not the time to 
     lower expectations and create new barriers to success for 
     students with disabilities. We must prepare them for the 
     world of work and independent living.
       Thank you for considering our views.
           Sincerely,
                                                    Katy Beh Neas,
     Senior Vice President, Government Relations.
                                  ____



                             Council for Exceptional Children,

                                     Arlington, VA, July 12, 2013.
       Dear Representative: On behalf of the over 30,000 members 
     of the Council for Exceptional Children (CEC), who work on 
     behalf of children and youth with disabilities and/or gifts 
     and talents as teachers, local administrators, higher 
     education faculty, related service personnel and other 
     professionals, we are writing to express our concerns with 
     the Student Success Act (H.R. 5), which would reauthorize the 
     Elementary and Secondary Education Act (ESEA).
       CEC commends Congress for engaging in the process to 
     reauthorize ESEA, which has been long overdue. States and 
     local school districts need additional resources and 
     flexibility to provide a quality education to all students, 
     including students with disabilities and/or gifts and 
     talents. We are pleased that H.R. 5 eliminates adequate 
     yearly progress and with it the arbitrary deadline of 2014. 
     Additionally, we support the legislation's focus on 
     disaggregating student achievement data by subgroup and 
     public reporting of such data. However, we are troubled by 
     the overall lack of accountability and great weakening of the 
     federal role this legislation represents for students with 
     disabilities. Specifically, we oppose the following:
       Reduction of Accountability for Students with Disabilities: 
     NCLB brought students with disabilities and the educators who 
     serve them to the table in new and important ways. Due to 
     this increased focus and inclusion in the accountability 
     system, students with disabilities increased participation 
     rates, academic achievement on grade level reading and math 
     assessments and more generally in having increased access to 
     the general curriculum and higher expectations for student 
     achievement. We believe these gains are due largely to the 
     requirement that the participation and proficiency of all 
     subgroups be measured, reported, and used for the planning of 
     interventions needed for improvement. H.R. 5 lacks this focus 
     and, if enacted, CEC fears many students with disabilities 
     will be excluded from the accountability system.
       Elimination of the 1% Cap: CEC opposes the elimination of 
     the current 1% cap on the use of assessment scores for 
     accountability purposes for students with significant 
     cognitive disabilities. It is important to note that students 
     who take an alternate assessment are removed from the general 
     accountability system and are unable to receive a regular 
     high school diploma. Experts recognize that the 1% amount 
     addresses the proportion of students who may need to take an 
     alternate assessment. Removing this cap may create an 
     incentive to exclude students from the general assessment and 
     place them on an alternate simply to increase the statistical 
     view of achievement in a district. It is not a needed change 
     and as such, we cannot support it.
       Elimination of Highly Qualified Teacher Provisions: This 
     legislation eliminates minimum requirements for teachers 
     entering into the education profession thereby lifting a 
     protection for our most vulnerable students, including many 
     students with disabilities, who are often placed in 
     classrooms with new teachers. Under H.R. 5, these students 
     fall into an unprotected loophole and simply are not 
     guaranteed a well-prepared, qualified teacher.

[[Page H4703]]

       Lack of Focus on Professional Development: Nothing in this 
     legislation requires ongoing professional development, 
     despite evidence that this is needed by the field and leads 
     to gains in student achievement and student growth. Although 
     Title II funds may be used to support professional 
     development, this bill backs away from the federal 
     government's long-standing commitment to support education 
     professionals. This support is needed now, more than ever.
       Reduced, Capped and Eliminated Funding: This legislation 
     locks into place post-sequester funding levels which cut over 
     $1.3 billion to ESEA programs last year alone. Should this 
     bill become law, locking in the sequester levels as the 
     authorization levels through FY 2019 would prevent the 
     Congress from increasing funding for ESEA programs even if 
     the sequester were replaced or revised at any time in the 
     next six years. Furthermore, CEC opposes setting caps on 
     Title I funding and eliminating Maintenance of Effort 
     provisions Eliminating safeguards will not ensure 
     accountability and achievement. States and districts need 
     more resources in this environment and are working under ever 
     decreasing budget measures. These waves of cuts have come at 
     a time when enrollments have increased, more children are 
     living in poverty, and schools and students have endured deep 
     state and local budget cuts.
       Increased Privatization of Education: CEC opposes using 
     public funding to support private schools. CEC opposes 
     vouchers for children and youth and those with disabilities 
     because they contradict and undermine the central purposes of 
     civil rights laws including these measures. Vouchers deprive 
     students of rights and protections they have while in public 
     schools. This is especially critical for students with 
     disabilities who lose all protections under the Individuals 
     with Disabilities Education Act when they leave public 
     schools and attend a private school.
       Fails to include the Keeping All Students Safe Act: CEC is 
     deeply concerned that H.R. 5 does not include the Keeping All 
     Student's Safe Act. CEC has worked for years to ensure that 
     our nation has strong, consistent policies about the use of 
     restraint and seclusion techniques and meaningful access to 
     professional development around their use for all educators. 
     The Keeping All Students Safe Act addresses both of these 
     concerns and would ensure our nation has meaningful data 
     across states about their use. Embedding this important 
     legislation in ESEA is critical.
       Ignores the Needs of High-Ability Students: H.R. 5 
     eliminates the only federal program dedicated to addressing 
     the needs of high-ability students from disadvantaged 
     backgrounds, the Jacob K. Javits Gifted and Talented Students 
     Education Act. Additionally, H.R. 5 eliminates the definition 
     of ``gifted and talented'' and fails to incorporate any of 
     the comprehensive changes proposed by the TALENT Act (H.R. 
     2338), CEC endorsed legislation which seeks to close 
     achievement gaps at the top performance levels between low-
     income and/or minority students and their more advantaged 
     peers, known as the ``excellence gap''.
       CEC looks forward to continuing to work with you to ensure 
     that our education system raises expectations for students 
     with disabilities and/or gifts and talents and ensures that 
     all educators are prepared to meet their needs. Please feel 
     free to contact me or Kim Hymes to further discuss these 
     issues.
           Sincerely,
                                        Deborah A. Ziegler, Ed.D.,
                                     Associate Executive Director.

  Mr. Chair, given the chairman of the committee's pledge to work with 
me as reauthorization moves forward, I withdraw the amendment and 
support the underlying bill.
  Mr. HARPER. Mr. Chair, I submit the following letters for the Record:


                     National Center for Learning Disabilities

                                                    July 15, 2013.
       Dear Chairman Kline and Ranking Member Miller: The National 
     Center for Learning Disabilities (NCLD) is writing to express 
     our strong opposition to the Student Success Act (H.R. 5). 
     The bill would dramatically alter the academic landscape for 
     students with disabilities, jeopardizing their ability to 
     graduate from high school, go to college and obtain 
     employment. The bill virtually creates a system that 
     reinforces rather than helping students become independent, 
     educated, tax-paying citizens, they will most likely become 
     tax burdens. While movement toward reauthorizing the 
     Elementary and Secondary Education Act (ESEA) is much needed, 
     the cost these bills will have on the educational and 
     employment futures of students with disabilities, especially 
     those with learning disabilities, is too high. Our first and 
     primary area of concern is the lack of a strong and 
     meaningful requirement to close the destructive achievement 
     gaps that impact students with disabilities and other 
     disadvantaged students. While ESEA is in significant need of 
     reform, its provisions have compelled certain schools and 
     districts to focus on increasing the achievement of students 
     with disabilities. Unfortunately, these bills eliminate the 
     provisions of ESEA that have benefited students with 
     disabilities. Most troubling is the lack of academic 
     performance targets and graduation goals for students and the 
     lack of a requirement for targeted instructional supports 
     when students are academically struggling.
       The Student Success Act would also dramatically lower 
     expectations for students with learning disabilities in three 
     critical ways:
       (1) Allowing computer adaptive assessments that test 
     students off grade level for summative and other purposes. 
     Current practice in states utilizing adaptive testing show 
     that while adaptive testing is a terrific tool to help 
     teachers understand where learning gaps exist for formative 
     purposes, when adaptive testing is allowed for end of year or 
     summative testing, it can result in unacceptable 
     consequences, including locking lower performing students 
     into the simplest content. For example, a poorly engineered 
     adaptive test risks testing lower performing students only on 
     cognitively simpler skills such as recall, recognition and 
     rote applications of mathematics. Furthermore, because the 
     assessment may never test lower performing students on more 
     difficult and/or cognitively complex items, it risks creating 
     a situation that encourages teachers to limit the curriculum 
     and instruction for lower performing students to the simplest 
     tasks. Thus, teachers may avoid focusing on critical skills 
     such as higher level problem solving and analysis. Similarly, 
     a poorly designed adaptive test can deny students an 
     opportunity to demonstrate their knowledge across the grade 
     level content.
       (2) Eliminating the current cap (often referred to as the 1 
     percent regulation) which restricts, for accountability 
     purposes, the use of scores on less challenging assessments 
     being given to students with disabilities. The bill allows 
     schools to give the alternate assessment on alternate 
     academic standards to an unlimited number of students. Under 
     the bill, too many students with disabilities would be forced 
     into an alternate curriculum very early in their educational 
     career, thus jeopardizing their ability to graduate high 
     school with a regular diploma, enter career training or 
     attend college.
       (3) Ignoring the literacy needs of millions of poor readers 
     and writers at a time when these skills are integral to 
     ensuring every young person can enter college or career 
     training with the most basic reading and writing skills. 
     Rather than ensure that there is dedicated funding for these 
     critical skills, the bill consolidates numerous Federal 
     education initiatives, endangering literacy and other key 
     focuses designed to help struggling students. These 
     shortcomings set back efforts to ensure disadvantaged 
     students, including students with learning disabilities, 
     receive instruction, intervention and support that will 
     strengthen their opportunity to achieve academically.
       In summary, the policies H.R. 5 advances would reverse the 
     progress that has been made for students with learning 
     disabilities over the past decade. For that reason, and on 
     behalf of the 100,000 parents and children for which we 
     advocate, we respectfully, but strongly, urge Members to 
     oppose the bill.
           Sincerely,
                                                 James H. Wendorf,
     Executive Director.
                                  ____



                                                      The Arc,

                                                    July 17, 2013.
     Hon. Cathy McMorris Rodgers,
     House of Representatives,
     Washington, DC.
       Dear Representative McMorris Rodgers: The Arc of the United 
     States is writing to endorse the position of the Consortium 
     for Citizens with Disabilities (CCD) Education Task Force 
     opposing the Student Success Act (H.R. 5) in its current 
     form. The Arc is concerned that the bill, without significant 
     revisions, will undermine the progress and academic 
     achievement of students with intellectual and developmental 
     disabilities.
       While we have numerous concerns about the bill, we are 
     specifically concerned about the proposal to allow states to 
     eliminate the cap on alternative assessment on alternate 
     achievement standards. The use of alternative achievement 
     standards is intended to apply to only a small number of 
     students with the most significant cognitive disabilities. 
     Allowing more students to be assessed in this matter may 
     undermine the accountability of the schools to educate 
     students with disabilities and lowers the expectations of 
     academic achievement for these students.
       The Arc of the United States appreciates your advocacy on 
     behalf of children with intellectual and developmental 
     disabilities. If you have questions or would like additional 
     information please contact Maureen Fitzgerald 
     ([email protected]). Thank you for consideration of our 
     position.
           Sincerely,
                                                       Marty Ford,
     Senior Executive Officer, Public Policy.
                                  ____



                              Autism National Committee, Inc.,

                                                    July 17, 2013.
     H.R. 5 (Student Success Act) Does Not Protect Students With 
         Disabilities
     Hon. Cathy McMorris Rodgers,
     House of Representatives,
     Washington, DC.
       Dear Congresswoman McMorris Rodgers: The Autism National 
     Committee is deeply concerned that the Student Success Act 
     (H.R. 5) will fail to ensure good education for all students, 
     including those with disabilities. H.R. 5 will enable schools 
     take students with disabilities off track to graduate high 
     school and become college and career ready. It will do this 
     by lifting the cap on alternate assessments and by imposing 
     other features that would result in weak educations for 
     students with disabilities. Students with disabilities need 
     more support

[[Page H4704]]

     and higher expectations from schools; not less. Only 10 
     percent of jobs in 2018 are expected to be open to high-
     school dropouts. Yet, high school graduation rates for 
     students with disabilities are 66% or lower in 30 states.
       The Student Success Act, H.R. 5, would sharply reduce high 
     expectations for students with disabilities. The bill would 
     allow states to develop alternate academic achievement 
     standards and eliminate the current cap (often referred to as 
     the 1% regulation) which restricts, for accountability 
     purposes, the use of the scores on less challenging 
     assessments being given to students with disabilities. Such 
     assessments are intended for only a small number of students 
     with the most significant cognitive disabilities who can 
     never take the general assessment. The incidence of students 
     with the most significant cognitive disabilities is known to 
     be far less than 1%. To ignore this data by raising or 
     eliminating the cap would violate the legal rights of 
     students who do not have the most significant cognitive 
     disabilities and who should not be assessed on alternate 
     academic achievement standards.
       As data and student/family experience show, the decision to 
     place a student in the alternate assessment on alternate 
     achievement standards can limit or impede access to the 
     general curriculum and take students off track for a regular 
     diploma as early as elementary school. These limitations 
     raise concerns for many students who are currently placed in 
     these assessments. The problem would grow if the cap were 
     eliminated. The alternate assessments were not designed or 
     intended to be applied to a broader population of students. 
     Rather than continuing to support students with disabilities 
     in achieving a high school diploma and pursuing employment 
     and postsecondary education, the lack of a cap on the use of 
     the assessment virtually encourages schools to expect less 
     from students with disabilities. Earnings for an adult with a 
     high school diploma are $9,000 greater on average that a 
     dropout; earnings for a person with a bachelor's or 
     associates' degree, even higher.
       Participation and proficiency of all subgroups should be 
     measured, reported, and used for the planning of 
     interventions needed for improvement. But H.R. 5 does not do 
     this. It will undo progress that students with disabilities 
     have made as a result of ESEA's current focus on all schools 
     and all subgroups. These improvements have come in 
     participation rates, academic achievement on grade level 
     reading and math assessments and more generally in having 
     increased access to the general curriculum and higher 
     expectations for student achievement.
       Students with disabilities may be most at risk if revisions 
     to the law do not ensure all schools are accountable for 
     student achievement at the subgroup level and receive extra 
     resources and attention when they fail to produce progress. 
     While the reauthorization of ESEA should explore ways to 
     grant appropriate flexibility to ensure schools can best meet 
     local needs and design instructional needs and interventions 
     at the local level, this flexibility should not eliminate the 
     ESEA accountability framework of focusing on all schools and 
     all subgroups or eliminate targeted help to schools that need 
     it.
       It is important to measure achievement and academic growth 
     for all students to determine whether schools and districts 
     are properly meeting their targets and preparing students to 
     graduate college and career ready. This is particularly 
     important subgroups like students with disabilities who have 
     historically received inadequate educations.
       ESEA should require evidence-based, positive and 
     preventative strategies to promote a positive school culture 
     and climate and keep all students, including students with 
     the most complex and intensive behavioral needs, and school 
     personnel safe. The Student Success Act does not ensure that 
     students are free from physical or mental abuse or aversive 
     behavioral interventions that compromise health and safety. 
     The use of restraint and seclusion must only be used in 
     emergencies threatening physical safety and never a 
     substitute for appropriate educational or behavioral support. 
     Parents must be notified promptly if their child is subjected 
     to these practices.
       It is important that Congress not pass the Student Success 
     Act in its present form. Children with disabilities deserve 
     an education that will enable them to succeed and to graduate 
     from high school career and college ready. These students 
     have much to offer our society and our economy. We must not 
     fail this generation of students with disabilities, but 
     rather, enable them to climb the ladder of success. We fear 
     that H.R. 5 will do this.
           Sincerely,

                                                  Jess Butler,

                                Congressional Affairs Coordinator,
     Autism National Committee.
                                  ____



                                                         tash,

                                                    July 18, 2013.
     Hon. John Kline,
     Chairman, House Committee on Education and the Workforce, 
         Washington, DC.
       Chairman Kline: I am writing on behalf of TASH, an 
     international membership organizations working to promote 
     full participation of children and adults with disabilities 
     in every aspect of life. On behalf of our members, I am 
     writing to you today to ask you to vote `no' on the Student 
     Success Act (H.R. 5). We should presume competence on the 
     part of all citizens with significant disabilities to work, 
     accrue savings, and live independently in integrated 
     community settings. I am concerned with the following issues 
     in the bill:


                       1. Lack of Accountability

       The Student Success Act eliminates nearly all federal 
     requirements that were included in NCLB to ensure that states 
     set high academic performance goals for all students, work to 
     close achievement gaps, and help to improve struggling 
     schools. We cannot meet these high expectations for our 
     children and for our nation without holding those managing 
     the funds accountable for producing results.


             2. Elimination of Maintenance of Effort (MOE)

       The Student Success Act eliminates the longstanding ESEA 
     Maintenance of Effort (MOE) requirement that, federal dollars 
     are to be used to supplement state and local activities, not 
     to supplant state and district funding. The district must 
     assume primary fiscal responsibility for its efforts to 
     provide a free public education to all students with 
     supplemental assistance from the federal government. The MOE 
     requirement is in place to ensure that there is adequate 
     funding to meet student needs. We have strong concerns that 
     if MOE is eliminated from ESEA, (1) student needs will no 
     longer be reliably met, and (2) there will be an effort to 
     eliminate MOE from IDEA in its next reauthorization.


                3. Highly Qualified Teachers Provisions

       The Student Success Act eliminates requirements that 
     teachers meet highly qualified teacher requirements that are 
     currently in NCLB. These requirements determine whether 
     teachers have the necessary credentials and core content 
     knowledge to teach our nation's students. In addition, these 
     requirements also determine whether regular and special 
     education teachers and other appropriate staff enlisted to 
     administer statewide assessments are trained in how to 
     administer these assessments and in how to make appropriate 
     use of reasonable adaptations and valid and reliable 
     accommodations for such assessments, especially for students 
     with the most significant cognitive disabilities. High 
     expectations for exellence in student achievement must be 
     supported by high expectations of excellence for those 
     entrusted to teach our youth.


               4. English Language Proficiency Standards

       English language proficiency standards developed by states 
     must not merely be derived from the four recognized domains 
     of speaking, listening, reading, and writing; they must 
     ensure proficiency in these four domains. (page 23, line 4)


                   5. Statewide Assessment Standards

       The Student Success Act must include requirements for 
     incorporation of principles of universal design for learning 
     as defined in Section 103 of the Higher Education Act of 1965 
     in development of assessments to maximize equality of access 
     to assessment items for all students.
       Statewide assessments must assess students with 
     disabilities using the same unmodified academic content 
     standards used to measure children without disabilities in 
     the same grade level. The Student Success Act omits such 
     necessary language leaving students with disabilities at risk 
     of being held to lower expectations than their peers without 
     disabilities. (page 26, line 3).


              6. Alternate Academic Achievement Standards

       The determination about whether the achievement of an 
     individual student should be measured against alternate 
     academic achievement standards must be made separately for 
     each student and for each subject. (page 22, line 14)
       Alternate academic achievement standards must not merely 
     promote access to the general curriculum, they must provide 
     access to the general education curriculum. (page 22, line 
     19)
       Language that prohibits adoption of any other alternate or 
     modified standards other than those alternate standards 
     specifically defined within the legislation must be included 
     in order to protect students with disabilities from further 
     marginalization. The Student Success Act does not include 
     such necessary language.


   7. Alternate Assessments Based on Alternate Academic Achievement 
                          Standards (AA-AAAS)

       Students with disabilities, including those with 
     intellectual disabilities, must have access to grade-level 
     general education curriculum and must be expected to 
     demonstrate achievement on the academic content standards set 
     forth by their state. Additionally, we believe that children 
     with disabilities must be educated in inclusive general 
     education classrooms to ensure equality in access to the 
     curriculum for all children. A number of provisions in the 
     Student Success Act undermine these goals.
       Elimination of the Cap. In order to ensure the validity of 
     student achievement data and high academic expectations for 
     all students, there must be a cap on the number of students 
     who take an alternate assessment based on alternate academic 
     achievement standards. The Student Success Act eliminates 
     this cap entirely, opening the door for many more students to 
     be inappropriately removed from the regular state assessment. 
     Currently the proficiency rate for students who take the AA-
     AAAS is far higher than it

[[Page H4705]]

     is for students with disabilities in other assessments, 
     creating an incentive to place students in an AA-AAAS. Data 
     shows that the incidence of students with the most 
     significant cognitive disabilities, the students who are 
     supposed to take the AA-AAAS, is no more than 0.5%. We 
     believe the cap provision must remain and be lowered to 0.5%, 
     to be aligned with incidence data.
       Limits on Access to the General Education Curriculum. 
     States must be required to demonstrate that students who take 
     the AA-AAAS are fully included in the general education 
     curriculum, not merely to the extent practicable as the 
     Student Success Act currently directs. (page 29, line 21) 
     Inclusion to the extent practicable is in conflict with the 
     rights of all students with disabilities under the 
     Individuals with Disabilities Education Act (IDEA). Failure 
     to align this language with existing language in IDEA 
     promotes dissention among families, school districts and 
     state education administrators.
       Preclusion from Opportunity to Earn a Diploma. The Student 
     Success Act permits states to preclude students who take the 
     AA-AAAS from the opportunity to earn a regular high school 
     diploma. The only requirement is that schools inform the 
     parents that participation in the AA-AAAS will preclude their 
     child from completing the requirements for a diploma. States 
     must be required to provide students who take the AA-AAAS 
     with the opportunity to try to meet the requirements for a 
     regular high school diploma in order to improve their 
     opportunities to live independently and be gainfully employed 
     in adulthood.
       Thank you for considering these concerns.
           Sincerely,
                                                   Barbara Trader,
                                         Executive Director, TASH.

                  Amendment No. 8 Offered by Mr. Reed

  The Acting CHAIR. It is now in order to consider amendment No. 8 
printed in House Report 113-158.
  Mr. REED. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 33, line 23, strike ``and''.
       Page 34, after line 13, insert the following:

       ``(III) other measures of school success; and''.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman 
from New York (Mr. Reed) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New York.
  Mr. REED. Mr. Chairman, I rise today in support of this amendment. I 
would like to thank the chairman for his support, as well as my 
colleague from New York (Mr. Owens) and the gentleman from West 
Virginia (Mr. McKinley) for their work on this issue.
  I am proud to support the underlying legislation, the Student Success 
Act, that removes the one-size-fits-all Federal Adequate Yearly 
Progress mandates that are strangling local school districts and 
forcing teachers to ``teach to the test.'' While testing is an 
important part of a school's assessment, we can all agree that 
additional measures such as graduation rates, involvement in advanced 
classes, or extracurricular activities are also important indicators of 
where students or a school district stands in their efforts to educate 
our Nation's children.
  A student should not be measured only by their ability to succeed on 
a test. This amendment would allow State and local education agencies 
to use multiple measures when it comes to these assessments. State and 
local educators should be encouraged to base academic achievement 
systems on these multiple measures. No Child Left Behind's mandate on 
success has consistently shown that schools are being mislabeled and 
subsequently punished based on testing scores alone. That's just not 
fair.
  This amendment also gives States further flexibility to include 
parameters of their choosing in their accountability systems to better 
measure school success. Together, we can better care for our children 
and encourage their success in school.
  I am pleased to be offering this amendment with bipartisan support 
and urge my colleagues to vote in favor of this amendment. I would also 
like to thank the chairman, the National Education Association, the 
American Federation of Teachers, and the School Superintendents 
Association for their support on this effort.
  I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chair, I rise to claim time in 
opposition.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. GEORGE MILLER of California. Mr. Chair, I rise in strong 
opposition to the Reed amendment because it weakens accountability for 
ensuring that our Nation's students are achieving at high levels. This 
amendment seems like a good thing--allowing schools to measure in areas 
besides reading and math--but the amendment is so vague that it will 
allow almost any measure to be used, and that's not what we need in the 
system at this time.
  Adding measures to this amendment does not fix any of the problems to 
help students. Too often, we've seen throughout the course of the last 
many years that adults try to make themselves look good by hiding and 
masking how well their students are doing academically by trying to 
seek other systems of measure that will make a school look better, even 
though the students inside that school are not performing at top level.
  For those reasons, I oppose the amendment, and I yield to the 
gentleman from California (Mr. Takano).
  Mr. TAKANO. Mr. Chairman, I rise to engage the ranking member of the 
House Education and Labor Committee, Mr. Miller, in a colloquy.
  As a teacher for more than 20 years, I've seen firsthand the 
unintended, yet harmful, consequences that the annual assessment 
requirements included in No Child Left Behind and the States' poor 
decisions in the implementation of them have had on America's students 
and teachers alike. I'm concerned that high stakes and low-quality 
testing have caused a negative shift in our education system from 
teaching to testing, and our education system is no better off than it 
was before.
  Mr. Miller, you have spent a considerable time on this issue and have 
been a leader in the Congress on education. Will you work with me to 
address the issues regarding our testing in our Nation's schools?
  Mr. GEORGE MILLER of California. I thank the gentleman.
  I agree with the gentleman that the testing provisions included in No 
Child Left Behind as well as the implementation of these provisions is 
imperfect and outdated. Unfortunately, ESEA authorization is 5 years 
overdue and the majority appears to have no interest in working with us 
to develop a bill that can pass both the House and the Senate.
  However, I'll gladly work with you to address the issue of testing in 
America's schools to ensure that while we continue to measure whether 
or not students are achieving at grade level, we will also ensure such 
assessments be done in a way to improve both teaching and learning.

                              {time}  1645

  Mr. TAKANO. Thank you, Mr. Miller. I look forward to working with 
you.
  Mr. Chairman, I have submitted an amendment with Representative 
Gibson to H.R. 5, which would return annual testing to pre-No Child 
Left Behind levels. However, H.R. 5 is just so bad of a bill that even 
this amendment, if it were to pass, I could not support the bill. That 
is why I decided to withdraw my support for the amendment.
  I thank Mr. Miller for his leadership on this issue.
  Mr. GEORGE MILLER of California. I thank the gentleman from 
California, and I yield back the balance of my time.
  Mr. REED. Mr. Chairman, at this time I'd like to yield 1\1/2\ minutes 
to my good friend from West Virginia, (Mr. McKinley).
  Mr. McKINLEY. Mr. Chairman, I rise in support of this amendment.
  Whenever I speak with teachers, principals, and parents back in West 
Virginia, a common theme that emerges from those conversations is that 
they acknowledge one size doesn't fit all. They want control restored 
to the State and local levels. The underlying bill makes great strides 
in returning that control to the people who know best how to educate 
our children and our grandchildren, not bureaucrats in Washington.
  My colleagues, Mr. Reed and Mr. Owens, and I have offered an 
amendment to go even further in giving States that flexibility they 
seek. The amendment will allow States and local governments to take 
multiple measures into consideration.
  Currently, No Child Left Behind uses narrow Federal mandates on 
testing to

[[Page H4706]]

measure results. Testing may be just part of the solution, but States 
should be allowed to look at the ability of other benchmarks like 
graduation rates and the percentage of students taking advance courses.
  This amendment has bipartisan support and is a commonsense way to 
improve the underlying bill. Local government and flexibility should 
trump Washington mandates.
  Mr. REED. Mr. Chairman, at this point in time I would just ask that 
my colleagues join me in this commonsense amendment that allows the 
local communities and local school districts the flexibility to 
consider multiple measures in determining whether or not a school or 
student is succeeding or failing in our Nation's school system.
  With that, Mr. Chairman, I would ask my colleagues to support this 
amendment, and I yield back the balance of my time.
  Mr. REICHERT. Mr. Chair, each and every one of us is unique, with 
different talents and strengths. We all know this--our teachers 
certainly understand this. And yet, when it comes to our children and 
their education we persist in treating them as if they're all cookie 
cutter versions of one another, with the same learning styles.
  I understand this all too well. Because of my own learning style and 
challenges (I have dyslexia), having a more interactive, practical 
exam, in addition to the standardized test, was a far more accurate 
assessment of my abilities than the standardized test alone. With both 
being taken into consideration, I became one of the highest scoring 
applicants, and before too long I was Sheriff of one of the largest 
counties in the Pacific Northwest.
  This is why I urge my colleagues to support Congressman Reed's 
amendment. Our children deserve better than a one-size-fits-all single 
standardized test to measure their academic achievement. Multiple 
learning assessments and score indicators more accurately reflect true 
student and school performance.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New York (Mr. Reed).
  The amendment was agreed to.


                Amendment No. 9 Offered by Mr. Benishek

  The Acting CHAIR. It is now in order to consider amendment No. 9 
printed in House Report 113-158.
  Mr. BENISHEK. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 45, line 15, insert before the period, the following: 
     ``, such as the number of students enrolled in each public 
     secondary school in the State attaining career and technical 
     proficiencies, as defined in section 113(b)(2)(A) of the Carl 
     D. Perkins Career and Technical Education Act of 2006, and 
     reported by the State in a manner consistent with section 
     113(c) of such Act''.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman 
from Michigan (Mr. Benishek) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Michigan.
  Mr. BENISHEK. Mr. Chairman, I rise today to urge support for 
amendment No. 9, which encourages States to include the number of 
students attaining career and technical education proficiencies that 
are enrolled in public secondary schools in its annual State report 
card. This information is already required to be collected by current 
law and would simply streamline access to information for the public.
  To preserve the American Dream, we must ensure that our children and 
grandchildren have the skills needed to land a good-paying job that 
provides for a family and pays the bills. These jobs require knowledge 
in science, technology, engineering, and math fields, along with 
industry-recognized credentials through career and technical education, 
or CTE.
  A 2012 Talent Shortage Survey indicated that one in three job 
providers finds it hard to fill vacancies because job applicants with 
the right skills are not easily attainable. Currently, U.S. employers 
are having difficulty filling positions such as skilled trade workers, 
IT staff, mechanics, machinists, and machine operators.
  Whether a student wants to pursue a college degree or plans to enter 
the workforce immediately after high school, we have to work to ensure 
that they have the necessary training, education, and skills to have a 
successful career in the path of their choosing.
  Just this weekend, I spoke with a manufacturing company in my 
district that told me about their need for job applicants with voc-ed 
skills. They told me there are jobs waiting to be filled; they just 
need to have the individuals with the right training.
  Moms and dads in northern Michigan have also told me that they 
weren't even aware of voc-ed programs being offered at local high 
schools. One of my goals is to be sure that parents and students are 
aware of these programs and the long-term benefit they can provide to 
young adults.
  Through the outstanding work of our teachers, school administration 
officials, and partnerships with universities and industry, numerous 
vocational ed initiatives are already under way in my district. For 
example, the Delta Tradecraft ISD in Escanaba has an outstanding 
partnership with Vanaire, a manufacturing company. Throughout high 
school, students can take career and technical education courses that 
are aligned with job requirements at Vanaire. From participating in 
voc-ed courses, numerous students have been offered jobs at Vanaire 
immediately upon graduation.
  My amendment would make career and technical education data more 
visible for parents and students who are choosing where to enroll and 
what programs to participate in, as well as for teachers and 
administrators to understand the impact career readiness has on student 
performance, graduation, and success in post-secondary ventures.
  I urge my colleagues to support this amendment and the passage of the 
underlying bill.
  I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I rise to claim time 
in opposition to the amendment although I will not be in opposition.
  The Acting CHAIR. Without objection, the gentleman is recognized for 
5 minutes.
  There was no objection.
  Mr. GEORGE MILLER of California. Mr. Chairman, I rise to express 
appreciation for Mr. Benishek for this amendment. The gentleman from 
Michigan has an admirable goal, which is to improve career and 
technical education.
  Members of the Congress are well aware of the needs in all of our 
local communities. As new systems of manufacturing are brought online 
and as new innovations take place, we want to know how well our 
students are doing and how well our schools are doing in helping to 
prepare those students for job opportunities that are presented in 
these many craft areas.
  I would urge Members to support this amendment, and I yield back the 
balance of my time.
  Mr. BENISHEK. I thank the gentleman for his support, and I yield back 
the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Michigan (Mr. Benishek).
  The amendment was agreed to.


             Amendment No. 10 Offered by Mr. Heck of Nevada

  The Acting CHAIR. It is now in order to consider amendment No. 10 
printed in House Report 113-158.
  Mr. HECK of Nevada. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 138, line 4, strike ``Funds'' and insert ``(a) In 
     General.--Funds''.
       Page 139, after line 2, insert the following:
       ``(b) Contracts and Grants.--A local educational agency may 
     use a grant received under this chapter to carry out the 
     activities described under paragraphs (1) through (5) of 
     subsection (a) directly or through grants, contracts, or 
     cooperative agreements.''.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman 
from Nevada (Mr. Heck) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Nevada.
  Mr. HECK of Nevada. Mr. Chairman, the amendment I'm offering today 
focuses on helping children that far too often go unnoticed or get left 
behind by our education system--neglected, delinquent, and other at-
risk youth.
  As a cosponsor of the Student Success Act, I am pleased that the 
underlying bill continues to provide for important programs that offer 
educational opportunities for youth in, or returning from, correctional 
institutions, as well as other at-risk populations.

[[Page H4707]]

  Additionally, under the bill, school districts also may coordinate 
health and social services, operate dropout prevention programs for at-
risk children and youth, provide career and technical counseling, or 
offer other mentoring services.
  To help ensure that neglected, delinquent, and at-risk youth are 
given the care and attention they need, my amendment provides local 
educational agencies with the option of partnering with organizations 
that have critical experience and existing resources that would enhance 
the services provided by school districts to our most vulnerable youth.
  Mr. Chairman, there are a number of hardworking organizations that 
are dedicated to providing a wide range of services and care to 
vulnerable children that need it most, and partnering with them would 
help these children.
  For example, in my home State of Nevada, Boys Town has worked for 
more than two decades to provide an integrated continuum of care that 
assists more than 20,000 children and families in Nevada each year. 
These are children who have been abused, neglected, or abandoned; 
children with serious behavioral, academic, social, or emotional 
problems. Their stories are heartbreaking, but their personal 
development into independent, productive citizens with help from Boys 
Town is simply astounding.
  Boys Town operates in a number of States throughout the country, and 
there are many other nonprofits and organizations that offer similar 
services. They have done the groundwork, they have proven their 
effectiveness, and they are a vital part of our communities and would 
be valuable partners.
  Additionally, given our current fiscal climate, it is more important 
than ever to ensure that we are using all available resources 
effectively.
  By allowing local educational agencies and these organizations more 
flexibility to work together and share expertise, vulnerable youth will 
benefit from the attention and care they need both at school and at 
home. Coordinating these efforts provides critical stability that these 
children deserve.
  Children belong in the education system, not the juvenile justice 
system.
  I urge my colleagues to support this important amendment, and I yield 
back the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I rise in opposition 
to the amendment, though I am not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman is recognized for 
5 minutes.
  There was no objection.
  Mr. GEORGE MILLER of California. I urge support of the Heck 
amendment, and I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Nevada (Mr. Heck).
  The amendment was agreed to.


                 Amendment No. 11 Offered by Mr. Meehan

  The Acting CHAIR. It is now in order to consider amendment No. 11 
printed in House Report 113-158.
  Mr. MEEHAN. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 245, line 11, insert ``, including those 
     representatives and members nominated by local and national 
     stakeholder representatives'' after ``title''.
       Page 245, line 15, after ``information.'' insert the 
     following: ``Such regional meetings and electronic exchanges 
     of information shall be public and notice of such meetings 
     and exchanges shall be provided to interested 
     stakeholders.''.
       Page 248, beginning on line 6, after ``assessment'' insert 
     the following: ``(which shall include a representative 
     sampling of local educational agencies based on local 
     educational agency enrollment, urban, suburban, or rural 
     character, and other factors impacted by the proposed 
     regulation)''.
       Page 248, line 12, strike ``and''.
       Page 248, line 15, strike the period and insert ``; and''.
       Page 248, after line 15, insert the following new 
     subparagraph:
       ``(C) the proposed regulation, which thoroughly addresses, 
     based on the comments received during the comment and review 
     period under paragraph (3), whether the rule is financially, 
     operationally, and educationally viable at the local 
     level.''.
       Page 475, after line 19, insert the following new section:

     ``SEC. 5530. LOCAL CONTROL.

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

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman 
from Pennsylvania (Mr. Meehan) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. MEEHAN. Mr. Chairman, I rise in strong support of the Schock-
Meehan amendment.
  In recent years, the Federal Government has taken more and more 
control over deciding what goals and curriculum best fit our kids' 
needs. However, as all Americans know, education policy should be set 
by those that know the community best--parents, teachers, and local 
school board members. That's exactly what this amendment does. Our 
amendment has three main objectives:
  It restores flexibility in crafting curriculum and education for our 
children. The Department of Education would be restricted in 
promulgating any rules and regulations that contradict or create costly 
burdens on local school districts without an act of Congress.
  Second, it strengthens the process for input by parents.
  And, last, it requires that the Department of Education provide an 
annual report to Congress on how any policies affect local school 
districts.

                              {time}  1700

  This enables local school boards to have the ability to craft 
policies in coordination with the communities they serve.
  This amendment is vitally important to our communities. From 
Pennsylvania to Illinois and beyond, the parents, the students, and the 
school board members that they elect are truly the experts in 
education, not Washington bureaucrats.
  I urge my colleagues to support the Schock-Meehan amendment.
  Mr. Chair, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chair, I claim the time in 
opposition to the amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. GEORGE MILLER of California. Mr. Chair, I yield myself 3 minutes.
  I rise in opposition to the Schock-Meehan amendment because it really 
is a political exercise that fails to fix the problems of H.R. 5, the 
Letting Students Down Act. The amendment is an ideological attempt to 
give school districts more control, but actually doesn't do that. It 
just creates more paperwork, more bureaucracy at the Federal level by 
consultations and chances to dispute regulations, many of which are 
already allowed in Federal law, but this would be a separate subset to 
require that.
  I have been here a long time, and I can't think of any administration 
that gave both States and local school districts more options, more 
flexibility, more ability to design the systems under which they want 
to work than the Obama administration, which now there are 37 States 
who have undertaken Race to the Top, which gave them great flexibility, 
and there are 40 States that have undertaken waivers, which give them 
even more flexibility. When you talk to the superintendents and you 
talk to the Governors in those States, they are delighted to have that 
flexibility to design the systems that they want to be able to design 
and to improve the systems and to get better achievement by their 
students.
  Now we are coming along with some continuation of some outdated, very 
conservative argument that all these problems are at the Federal 
Government. The fact of the matter is no administration has unleashed 
the skills and the talents and the desires of local school districts 
and States than this administration.
  This is an ideological bent. It is an ideological fix. It is not 
going to end. What it doesn't do is it doesn't correct

[[Page H4708]]

any of the very real and very big problems that underlie this amendment 
in the underlying bill, because the underlying bill gets education 
funding and it locks in the sequestration levels that are going to 
grind down every school district that has poor students and poor 
schools in that district, and it lets States dramatically reduce the 
funding for those districts.
  The priority of this Federal spending is to try to equalize the 
opportunity for those poor minority children, and it diverts funds for 
teachers away from poor schools and districts toward the wealthier 
ones. It eliminates the block grant funding for vital programs with no 
accountability--no accountability--how those funds will be spent. We 
just saw an amendment offered here earlier today because people 
recognize all that does is just diminish the resources that are 
available for those populations with special needs.
  I oppose this amendment, as I do the underlying legislation, and I 
would ask my colleagues to vote against it.
  I yield back the balance of my time.
  Mr. MEEHAN. Mr. Chair, how much time do I have remaining?
  The Acting CHAIR. The gentleman from Pennsylvania has 3\1/2\ minutes 
remaining.
  Mr. MEEHAN. Mr. Chair, I would like to yield 2 minutes to the 
gentleman from Illinois (Mr. Schock).
  Mr. SCHOCK. Mr. Chair, I thank my good friend and cosponsor of this 
amendment, Mr. Meehan.
  I rise today in support of my amendment to strengthen the process by 
which local school districts can provide meaningful firsthand input in 
the development of rules and regulations issued by the Department of 
Education.
  As a former school board member, I can tell you nothing is more 
frustrating to school board members, 96 percent of whom are directly 
elected by the voters in their community, than having to redirect 
limited resources that they have to unfunded mandates contained in 
rules and regulations issued by the Department of Education.
  My amendment here today ensures that rules and regulations are 
educationally and operationally viable at the local level by ensuring 
that electronic exchanges of information and any regional meetings that 
are held by the Department of Education are public and notice of such 
meetings and exchanges are proactively provided to the interested 
stakeholders. This outreach is important for all sides and I believe 
will benefit the overall rulemaking process.
  My amendment also prohibits the Department of Education from imposing 
additional requirements in rules, regulations, and nonregulatory 
guidance that have not been specifically authorized in the underlying 
legislation. This is an important step to ensure that education policy 
is implemented at the local level by leaders who are held accountable 
by the students, parents, and taxpayers they represent.
  Nearly all States have delegated the power and authority to decide 
the direction of their school districts to the local school boards. My 
amendment reinforces the notion that local school board members can 
continue to exercise the power and authority they were given by the 
communities they represent.
  Let's stop further unlegislated, unfunded mandates by the Federal 
Government and vote ``yes'' on amendment 44.
  Mr. MEEHAN. How much time do I have remaining, Mr. Chair?
  The Acting CHAIR. The gentleman from Pennsylvania has 1\3/4\ minutes 
remaining.
  Mr. MEEHAN. Mr. Chair, at this point, I would like to yield 1 minute 
of that time to the gentleman from Oklahoma (Mr. Lankford).
  Mr. LANKFORD. Mr. Chair, this is all about the local election of a 
school board, a school board that is elected that is distinct for that 
district. The parents go to school with the same kids. They're all 
interconnected, they know each other, and they're making decisions 
because we don't have a national school board. We should have local 
school boards.
  Why do we do that? Because we want local decisions made on whether 
they're going to have uniforms, what they're going to serve at lunch, 
how they're going to interact, what their class schedule is going to 
be, what their curriculum is going to be. Those are local decisions 
that should be made because those parents know their kids extremely 
well and love their kids more than anyone. In central Oklahoma, I can 
assure you, our parents love their kids and know their kids better than 
someone 1,300 miles away in Washington, D.C.
  So the simple decision should be made that I have personally 
contacted the superintendents in my district who ask for one simple 
thing: allow us to make decisions locally. We want to know that the 
decisions we make are going to stick and we won't spend all of our time 
and all of our money hiring compliance people to connect with the 
Federal Government to know what monies go where and what silos go 
where. And I hear over and over again, Race to the Top didn't give us 
greater flexibility. It actually said, You have flexibility in the silo 
that we give you. They want just real flexibility.
  I would encourage the passage of this amendment.
  Mr. MEEHAN. Mr. Chair, let me just close my time by once again 
articulating the point that has been so well made by my colleagues as 
well, that we do not have a Secretary of Education that is a national 
school board president.
  I have spoken to those who have dedicated their time and their 
professional commitment: school board leaders and local educators 
themselves who understand how to best create the kinds of curriculum 
that will most effectively serve the children in our communities.
  I ask our colleagues to strongly support the Schock-Meehan amendment.
  Mr. Chair, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Pennsylvania (Mr. Meehan).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. GEORGE MILLER of California. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Pennsylvania 
will be postponed.


                Amendment No. 12 Offered by Mr. Scalise

  The Acting CHAIR. It is now in order to consider amendment No. 12 
printed in House Report 113-158.
  Mr. SCALISE. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 253, line 3, insert before ``develop'' the following: 
     ``if a State educational agency or local educational agency 
     so chooses,''
       Page 257, line 21 through page 258, line 2, strike 
     paragraph (5).
       Page 258, line 3 through line 14, strike paragraph (6) and 
     insert the following:
       ``(5) If applicable, a description of how the State 
     educational agency will work with local educational agencies 
     in the State to develop or implement a teacher or school 
     leader evaluation system.''.
       Page 258, line 15, strike ``(7)'' and insert ``(6)''.
       Page 261, line 2, strike ``to'' and all that follows 
     through ``fulfill'' on line 19, and insert ``to fulfill''.
       Page 261, after line 24, insert the following:
       ``(A) provide training and technical assistance to local 
     educational agencies on--
       ``(i) in the case of a State educational agency not 
     implementing a statewide teacher evaluation system--

       ``(I) the development and implementation of a teacher 
     evaluation system; and
       ``(II) training school leaders in using such evaluation 
     system; or

       ``(ii) in the case of a State educational agency 
     implementing a statewide teacher evaluation system, 
     implementing such evaluation system;''.
       Page 262, line 1, strike ``(A)'' and insert ``(B)''.
       Page 262, line 7, strike ``(B)'' and insert ``(C)''.
       Page 262, line 9, strike ``2123(2)(D)'' and insert 
     ``2123(6)''.
       Page 262, line 10, strike ``(C)'' and insert ``(D)''.
       Page 264, line 21 through page 265, line 2, strike 
     subparagraph (C).
       Page 265, beginning on line 3, strike ``how,'' and all that 
     follows through ``system'' and insert ``if applicable, how''.
       Page 265, line 7, insert before the semicolon the 
     following: ``in developing and implementing a teacher 
     evaluation system''.
       Page 265, line 9 through line 12, strike subparagraph (E).
       Page 265, beginning on line 13, amend paragraph (2) to read 
     as follows:

[[Page H4709]]

       ``(2) If applicable, a description of how the local 
     educational agency will develop and implement a teacher or 
     school leader evaluation system.''.
       Page 265, line 25, strike ``subpart'' and all that follows 
     through ``shall use such funds'' on page 266, line 1, and 
     insert ``subpart may use such funds for''.
       Page 266, line 2, strike ``(A) to develop and implement'' 
     and insert ``(1) the development and implementation of''.
       Page 266, line 3, insert ``may'' after ``that''.
       Page 266, line 4, strike ``(i) uses'' and insert ``(A) 
     use''.
       Page 266, line 10, strike ``(ii) uses'' and insert ``(B) 
     use''.
       Page 266, line 12, strike ``(iii) has'' and insert ``(C) 
     have''.
       Page 266, line 14, strike ``(iv) shall'' and insert 
     ``(D)''.
       Page 266, line 17, strike ``(v) is'' and insert ``(E) be''.
       Page 266, line 20, strike ``or''.
       Page 266, line 21, strike ``(B)'' and insert ``(2)''.
       Page 266, line 23, strike ``to implement'' and insert 
     ``implementing''.
       Page 266, line 24, strike ``and''.
       Page 266, strike line 25.
       Page 267, line 1, strike ``(A)'' and insert ``(3)''.
       Page 267, line 3, insert ``or school leaders'' before 
     ``under''.
       Page 267, line 3, strike ``evaluation system described'' 
     and insert ``or school leader evaluation system,''
       Page 267, strike line 4.
       Page 267, line 6, strike ``(B)'' and insert ``(4)''.
       Page 267, line 10, strike ``(C)'' and insert ``(5)''.
       Page 267, line 15, strike ``(D)'' and insert ``(6)''.
       Page 267, line 18, strike ``(i)'' and insert ``(A)''.
       Page 267, line 20, strike ``(ii)'' and insert ``(B)''.
       Page 267, line 22, strike ``(iii)'' and insert ``(C)''.
       Page 268, line 3, strike ``(iv)'' and insert ``(D)''.
       Page 268, line 9, strike ``(v)'' and insert ``(E)''.
       Page 268, line 13, strike ``(vi)'' and insert ``(F)''.
       Page 268, line 16, strike ``(vii)'' and insert ``(G)''.
       Page 268, line 20, strike ``(viii)'' and insert ``(H)''.
       Page 268, line 4, insert ``or school leaders'' before 
     ``identified''.
       Page 268, line 6, insert ``or school leader'' before 
     ``evaluation''.
       Page 268, beginning on line 6, strike ``described in 
     subparagraph (A) or (B) of paragraph (1)''.
       Page 268, line 24, strike ``(E)'' and insert ``(7)''.
       Page 269, line 5, strike ``(F)'' and insert ``(8)''.
       Page 269, line 7, strike ``(G)'' and insert ``(9)''.
       Page 269, beginning line 23, amend paragraph (3) to read as 
     follows:
       ``(3) in the case of a local educational agency 
     implementing a teacher or school leader evaluation system, 
     the results of such evaluation system, except that such 
     report shall not reveal personally identifiable information 
     about an individual teacher or school leader; and''.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman 
from Louisiana (Mr. Scalise) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Louisiana.
  Mr. SCALISE. Mr. Chairman, the amendment I bring forward today deals 
specifically with reforms that many States have made. I will talk 
specifically about reforms that have been made in my great State of 
Louisiana, especially as it relates to teacher evaluation.
  Specifically, what my amendment would do would be to remove the 
mandate that is in the legislation that requires States to adopt the 
Federal rule on teacher evaluation.
  The reason I say that is not just because Louisiana has a highly 
successful teacher evaluation program that is working very well for the 
people of Louisiana, but in general, when you look at the successes 
that we've seen across the country as it relates to education reform, 
it has been State and local governments that have driven those great 
successes. That is because the States are the incubators, and our 
States and local governments are the most accountable to the parents 
who have most at stake in concern for the children's education.
  The amendment specifically makes sure that there can be no mandate by 
the Federal Government, especially one that would override what is 
being done at the State level. I have seen very closely in my State--in 
fact, when I was in the State legislature, we passed some dramatic 
education reforms.
  When you look at the city of New Orleans after Hurricane Katrina, 
before the hurricane, it was probably one of the most failed, corrupt 
public education systems in the Nation. Because we made reforms--not 
only at the State, but at the local level--where we created charter 
schools, we had so much innovation that now other States across the 
country are looking to what we did as a model for how to transfer or 
merge urban education.
  Parents are actually much more involved in their children's education 
because they have a real stake, they have real choices to give their 
children, better educational opportunities, and I don't want to see 
that interfered with by anything that might come out of the Federal 
Government.
  I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chair, I claim the time in 
opposition.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. GEORGE MILLER of California. I yield 2 minutes to the gentleman 
from Colorado (Mr. Polis).
  Mr. POLIS. Thank you, Mr. Chairman.
  As I discussed with Mr. Scalise in the Rules Committee yesterday, I 
think this amendment is just a terrible, terrible idea. It would remove 
any and all requirements and proof of teacher effectiveness.
  Effectively now, we have a measure called, Highly Qualified Teacher. 
We agree, most of us, that there are flaws in that, and it is an input-
based criteria rather than an output-based criteria.
  I cosponsor a bill with Susan Davis, the STELLAR Act, which would 
ensure that States have high-quality teacher evaluation systems in 
place after 3 years. We were worried, frankly, about what would happen 
during the 3 years. I offered and withdrew an amendment to at least 
have some basic reporting during this 3-year transition period.
  What the Scalise amendment does is it gets rid of the end result of 
that 3-year period. It says we are going to go through an indefinite 
period with no reporting, no metrics, no assurance of quality.
  Need I remind the gentleman from Louisiana that our U.S. taxpayers 
are, in part, paying the salaries of many teachers that are partially 
funded through IDEA special ed funds or through title I free and 
reduced lunch funds, not to mention the fact that these are the 
teachers, the most important person, and it is ruining the educational 
outcome for the child--the most important person in making sure the 
kids succeed. Here we are not only saying, look, I was worried about 
this 3-year transition period, but saying, forever, from now on, no 
reporting, no requirements on whether a teacher is high quality or not, 
no evaluations.
  Look, it is hard to get evaluations right. I was in the private 
sector and we did employee evaluations every year and decided if some 
employees should be promoted if some didn't have a place in the 
organization. Do you know what? It is always hard, and there is no 100 
percent right.
  But to somehow say you shouldn't do it, you shouldn't evaluate your 
employees, is completely the wrong answer. Any private company that 
engages in that strategy is going to go out of business, just as 
schools that engage in that strategy in districts--and if the Federal 
Government encourages it and allows it as it does under this 
amendment--will be to the detriment of kids and do nothing more than 
actually make it less likely that good quality teachers will be in the 
classrooms for kids.
  So I call upon my colleagues on both sides of the aisle to oppose 
this amendment.
  Mr. SCALISE. Mr. Chairman, at this time, I would like to yield 1 
minute to the gentleman from Minnesota (Mr. Kline), the chairman of the 
committee.
  Mr. KLINE. Mr. Chairman, I thank the gentleman for yielding.
  This amendment will eliminate the requirement, the mandate, if you 
will, for States and school districts to develop teacher evaluations, 
but does not prevent them from developing these systems if they so 
choose.
  States and local school districts are currently developing impressive 
and innovative teacher evaluation systems, and I applaud it. The 
Federal Government can support them in this endeavor, giving them the 
resources and the

[[Page H4710]]

flexibility to design systems to meet their particular local and unique 
needs.
  Ultimately, Mr. Chairman, States and school districts need the 
flexibility to do the activities that will serve their students and 
teachers best. I, therefore, support the gentleman's amendment.
  Mr. SCALISE. Mr. Chair, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chair, I yield myself 2 minutes.
  I rise in opposition to this amendment to remove the requirement that 
States and school districts implement teacher evaluation systems.
  We put $17 billion into this system every year, and we ought to at 
least see if we can make sure that those who are responsible for 
implementing it have the opportunity to improve their skills, to 
improve their talents, to collaborate with one another so that they can 
improve the teacher and learning environment. That is the goal of the 
evaluations: to take the skills that teachers bring to the classrooms 
and see, in consultation with others, with the principals, with their 
peers in that school district, whether or not we can improve their 
skills to deliver the education that we know that our children need.

                              {time}  1715

  We know that all teachers are not of the same talent, but by having 
evaluations, you, in fact, have the ability to then raise the skills of 
those individuals. If you would travel the country, and if you would 
talk to younger teachers all across the country, they would tell you 
how excited they are about evaluation systems, how excited they are 
about the collaboration--about their working with one another. I have 
visited teachers in the process of doing that, in developing that 
information--in developing the skills and in watching one another teach 
and in presenting the various lesson plans and curriculums, and then 
weighing back and forth what was more effective and what was less 
effective, what they would change, and how they would do it differently 
the next time.
  Under this legislation, under our legislation, we encourage local 
districts to do that. We want them to take control of it. We want 
teachers to be in the design of those systems. Yet now the idea that 
you would not require some evaluation of the people who are delivering 
this education is just to go back to a time when it didn't matter, I 
guess, who dropped out of school or who didn't thrive or who didn't do 
well--but that's not this economy; that's not our social structure; and 
that's not the desire and the hopes and aspirations of the parents and 
of the students in those schools. So I would hope that we would oppose 
this amendment and that we would defeat this amendment.
  I reserve the balance of my time.
  Mr. SCALISE. At this point, I yield 1 minute to the gentleman from 
Utah (Mr. Bishop).
  Mr. BISHOP of Utah. Mr. Chairman, the speaker on the other side on 
one of the other amendments said that this is not the level at which we 
should be making these decisions. There are some efforts, no matter how 
noble the goal may be, where this is not the level at which these 
decisions ought to be made.
  I taught for 28 years and had multiple evaluations. They were all 
positive, but if I'd had any input that I'd wished to give, I could 
have easily accessed my school district, and I could have accessed the 
State, but if it were on the Federal level, I could fly and stand in 
front of the Johnson Building for weeks on end, and nobody in the 
Department of Education would care. The best evaluations come from 
parents, but parents have the same limitations of which I spoke. Their 
access on the Federal level is almost nonexistent.
  The Scalise amendment does not eliminate evaluations. It says you do 
them in the proper way. You do them, and you clarify that States 
sometimes can have a better idea than we do. If that happens, States 
should have every opportunity to implement their better ideas. This 
eliminates the mandate. It provides flexibility. It promotes a better 
outcome.
  Mr. SCALISE. I reserve the balance of my time.
  Mr. GEORGE MILLER of California. I yield back the balance of my time.
  Mr. SCALISE. Mr. Chairman, in closing, I want to address a few of the 
points that were made by my friend from Colorado.
  He said, ``It's hard to get evaluations right.''
  I actually agree with him on that statement.
  If that's the case, then the question we are posed with is: Who is 
best suited to evaluate teachers? Is it some unelected bureaucrat in 
Washington or is it a State or a locally elected official who is 
directly accountable to the parents of those children?
  So we're not presented with some false choice of whether or not to 
evaluate teachers. As I pointed out, in the legislature in my State of 
Louisiana, they fought it out, and they actually passed a teacher 
evaluation program a few years ago that's doing well. It's actually 
getting good results. That's the kind of innovation we should be 
encouraging. We shouldn't have this idea that there is this ``one size 
fits all'' in Washington and that Washington knows best and that, if a 
State can do it better, too bad, that's its fault because the Federal 
Government wants to tell it how to evaluate its teachers.
  I think we ought to trust the people who know best and who are most 
directly accountable to the parents of the students, and that's our 
State and local school boards. That's why this amendment says, if 
they've got a better way to evaluate teachers, they're the ones who are 
better suited to do it, not some unelected bureaucrat in Washington.
  With that, I urge a ``yes'' vote on this amendment, and I yield back 
the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Louisiana (Mr. Scalise).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. GEORGE MILLER of California. Mr. Chairman, I demand a recorded 
vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Louisiana 
will be postponed.


                 Amendment No. 13 Offered by Ms. Moore

  The Acting CHAIR. It is now in order to consider amendment No. 13 
printed in House Report 113-158.
  Ms. MOORE. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 255, after line 7, insert the following:
       ``(C) Applicability.--
       ``(i) In general.--Subparagraph (A) shall not apply with 
     respect to a fiscal year unless the Secretary certifies in 
     writing to Congress for that fiscal year that the amount of 
     funds allotted under subparagraph (A) to local educational 
     agencies that serve a high percentage of students from 
     families with incomes below the poverty line is not less than 
     the amount allotted to such local educational agencies for 
     fiscal year 2013.
       ``(ii) Special rule.--For a fiscal year for which 
     subparagraph (A) does not apply, the Secretary shall allocate 
     to each State the funds described in subparagraph (A) 
     according to the formula set forth in subsection (b)(2)(B)(i) 
     of this section as in effect on the day before the date of 
     enactment of the Student Success Act.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentlewoman 
from Wisconsin (Ms. Moore) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Wisconsin.
  Ms. MOORE. Mr. Chair, I rise today to offer an amendment, along with 
my colleagues Frederica Wilson from Florida and Danny Davis of 
Illinois.
  This amendment is straightforward. It is protective in nature, and it 
ensures that high poverty schools are not adversely affected by H.R. 
5's proposed change in the funding allocation formula for teacher 
support and development under title II of the ESEA.
  Now, if we don't adopt this amendment, we may inadvertently break a 
long bipartisan agreement that we've had regarding our fundamental need 
to ensure that our low-income students are not assigned less qualified 
teachers than their advantaged peers. The reality is that a school 
district serving students in poverty faces many challenges in 
recruiting and in retaining teachers as well as other qualified staff. 
I believe that the Rules Committee made this in order because it wanted 
the body to have an opportunity to meet this long bipartisan agreement.

[[Page H4711]]

  H.R. 5, as current drafted, would totally eliminate the current 
formula, which focuses on funding students in poverty, and replaces it 
with a formula that equally weights poverty and population. As written, 
we have strong reason to fear that H.R. 5 would result in Federal 
dollars being siphoned from States and schools with the poorest 
students and awarded to the States and schools without similar levels 
of poverty.
  Our amendment, again, simply requires that this change to the funding 
formula not be enacted if our fears are realized and if the Secretary 
of Education determines that such a change would reduce funding to 
districts serving students in poverty. This amendment would not add a 
penny to the cost of the bill. Our intention is only to safeguard the 
very teacher supports to help us close the achievement gaps for low-
income students.
  The bill we are considering today, H.R. 5, consistently backs away 
from our longstanding Federal commitment to direct funding to students 
with the greatest need, including those attending high poverty schools.
  There are a lot of factors that affect a child's performance in 
school, and some of these we just can't control, but this is one thing 
that we can control--the level of quality of the people standing in 
front of our children.
  I reserve the balance of my time.
  Mr. ROKITA. Mr. Chairman, I rise to claim the time in opposition, but 
I do not intend to oppose the amendment.
  The Acting CHAIR. Without objection, the gentleman from Indiana is 
recognized for 5 minutes.
  There was no objection.
  Mr. ROKITA. Mr. Chairman, as I read the gentlewoman's amendment, I 
see that it will protect title II funding to high poverty school 
districts.
  Now, although the Student Success Act, which we are debating here on 
the House floor right now, funds school districts on an equal playing 
field--basing the formula on a 50 percent poverty and a 50 percent 
population ratio--it is important to protect funding to high poverty 
school districts. The amendment will not allow the new title II formula 
to go into effect until the Secretary certifies that funding to these 
school districts is protected at fiscal year 2013 levels and that new 
money allotted will be allocated on a 65 percent poverty and a 35 
percent population formula.
  The bottom line is that, in using these funds, the Student Success 
Act gives States and school districts the flexibility to decide how 
they want to spend their money. This is not our money. This is the 
property of the States and the States' residents. Funds flow over to 
the State and local levels so they can set their own priorities for 
programs that they want to fund to meet the needs of their students. 
This ensures superintendents, principals and teachers are the ones 
making funding decisions--not Washington bureaucrats or even the 
Secretary of Education--that benefit students. Public and private 
entities can also apply to the State, in partnership with school 
districts, for funds to run innovative programs focused on teacher and 
school leader preparation and development.
  Although I disagree with the gentlewoman that the Student Success Act 
is a retreat--in fact, I think there is a very progressive set of 
reforms found in the Student Success Act--I do support her amendment, 
which protects funding for high poverty districts, and the Student 
Success Act, which gives districts the flexibility to use teacher funds 
in the way they think is best.
  With that, I reserve the balance of my time.
  Ms. MOORE. Mr. Chairman, I do want to thank the gentleman for his 
support.
  I now yield to my colleague from Florida, Frederica Wilson.
  Ms. WILSON of Florida. Mr. Chairman, I thank my friend from Wisconsin 
(Ms. Moore) for her leadership and her passion for defending children. 
I urge my colleagues to support this amendment.
  As an educator, as an elementary school principal and as a school 
board member, I can attest to a simple fact: that there is simply no 
factor that matters more for children's achievement than teacher 
quality. Teachers matter. Research consistently upholds this fact. Yet, 
in urban and rural areas alike, students in low-income areas are 
constantly assigned less qualified teachers than are their wealthier 
peers. These young minds are, quite simply, treated as experiments in 
little educational petri dishes. Let's stop experimenting with our 
children. Poor schools often face impossible prospects of recruiting 
teachers, and once teachers are finally recruited, educators often need 
additional resources and support to do their jobs effectively. The 
result is that students in poverty fall farther and farther behind, 
losing hope of ever catching up.
  Mr. Chairman, this is a commonsense amendment that would ensure that 
title II changes under this bill would not be enacted if these changes 
pull funds away from schools serving students in poverty. This is not a 
partisan issue. There has been bipartisan consensus on the importance 
of teacher development in low-income areas for ages. A criterion for 
teacher development is so important. If it were not, it would hurt 
children in red States and children in rural areas as much as it would 
hurt children in blue States and children in urban areas.
  I urge my Republican colleagues to take a stand for low-income 
children. Wherever they live, whoever represents them, please support 
this amendment.
  Ms. MOORE. I yield back the balance of my time.
  Mr. ROKITA. Mr. Chairman, in closing, again, I rise in support of 
this amendment.
  I would say to the gentlelady from Florida, who just spoke, that this 
is not experimenting with our children. We are empowering parents, and 
we are empowering teachers so that the students can have better 
success. In my opinion, this is an evolution of our education policy.
  In that same vein, the gentlewoman said that teachers matter. In that 
respect, I want to reiterate for this House those who have shown in 
writing their strong support for the Student Success Act, including: 
the American Association of School Administrators, the National School 
Boards Association, the Council of Chief State School Officers, the 
Council for American Private Education, the Association of Christian 
Schools International, Concerned Women for America, the National 
Association of Independent Schools, the National Alliance for Public 
Charter Schools, and the National Association of Charter School 
Authorizers.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Wisconsin (Ms. Moore).
  The amendment was agreed to.

                              {time}  1730


             Amendment No. 14 Offered by Mr. Bishop of Utah

  The Acting CHAIR. It is now in order to consider amendment No. 14 
printed in House Report 113-158.
  Mr. BISHOP of Utah. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 255, line 8 through page 256, line 17, strike 
     subsection (c).
       Page 256, line 18, strike ``(d)'' and insert ``(c)''.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman 
from Utah (Mr. Bishop) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Utah.
  Mr. BISHOP of Utah. Mr. Chairman, in the Constitution, it established 
a specific relationship between the Federal Government and the States. 
It's called a duel sovereignty, and it asked people to be loyal not 
only to their State, but also to the Federal Government, as well. James 
Wilson, in talking about what they had done as a balance-of-power 
experiment, said that this system would work well as long as the two 
entities maintained a relationship like the solar system, like the 
planets, always traveling in their sphere and path, complementing each 
other, but never interfering with one another. His concern was that one 
of those entities might actually act like a comet and go off on its own 
path, actually running into any material or object in its way, and 
chaos and destruction would result from that.
  The amendment I am wishing to propose here would eliminate a section 
that would allow a local school district

[[Page H4712]]

to circumvent their State, a school district which is a creation of the 
State. They would circumvent the State and make a deal with the Federal 
Government for any kind of grant or loan that they wish to accomplish 
and actually be required to report not to the State, but to the Federal 
Government and circumvent the State totally.
  If a State, for example, were to want to have some limited 
involvement in a program, under the provision that is in this 
particular bill, it would be possible for a rogue district to violate 
that proposal or that policy of the State, make their own deal with the 
Federal Government, and enter into that agreement and report directly 
to them, causing not only to void the policy, but a great deal of 
confusion in the process, as well.
  We have a deal that we can work easily with the States. The local 
districts, that is not in the purview of what it should be. It is 
definitely an extra-constitutional approach to it.
  With that, Mr. Chairman, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I rise in opposition 
to the amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. GEORGE MILLER of California. I yield myself 2 minutes.
  Mr. Chairman, I rise in opposition to this amendment offered by the 
gentleman from Utah. I just don't quite understand it.
  If a State doesn't make application for various funds that are 
available under title II, I don't know why you would prohibit a 
district from doing so. I don't know the rationale for the State's 
decision not to make application, but that may have very little to do 
with the needs of a particular school district. In my State, it might 
be a large district like Los Angeles or it might be a small rural 
district in the northern corner of the State. If they feel that these 
funds would help them and they have a need for those, I don't know why 
and I don't know that we're interfering with any great relationship 
here between States and the Federal Government.
  I don't pretend to be familiar with the exact governance in the State 
of Utah, but in California the districts are pretty darn autonomous and 
our county offices of education are very autonomous, and very often a 
county office will apply for these kinds of funds in an area of smaller 
school districts to bring them together to utilize those funds in the 
most efficient way to continue.
  Most of title II is about the development of teachers and 
professional development.
  I oppose this amendment. I think it just makes it much more difficult 
and more bureaucratic for local school districts. We've heard time and 
again here that these are the people who know best, so apparently they 
know better than the State officials, but we're going to let the State 
officials block them from doing what they know is best when they decide 
what is best is to try to access title II.
  So I oppose this amendment, and I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Chairman, I yield myself such time as I may 
consume.
  I appreciate the comments of the gentleman from California, but I 
have to take issue with them.
  There is no State in which a local district or a State or a city or a 
county is autonomous to the State itself. States create those entities. 
They can add to them. They can eliminate them. They are responsible for 
them.
  This is not an esoteric philosophical debate. There is a real 
situation in which this has happened, and in large part the base bill 
eliminates this from actually happening again in the future.
  If I can quote from Education Week, there was a policy in which this 
Department of Education tried to circumvent the States.

       The Department of Education has responded with the 
     announcement it will begin to offer separate policy terms to 
     individual school districts--circumventing not just Congress, 
     but also the authority of States to direct education.

  In response to that, the superintendent from Virginia said that this 
move undermines the States.
  The Commissioner from Colorado said that this would ``bypass'' State 
authority and result in ``unintended consequences.''
  From the Secretary of Education in Pennsylvania:

       To allow districts to go directly to the Feds to get 
     waivers, it would be difficult to see who is exactly 
     responsible for accountability and reforms in their States. 
     Districts are creatures of State government.

  From Jennifer Marshall, she said this would create a ``client 
mentality.''
  In fact, one of the publications said that this is a massive 
overreach by Washington into local school policy and a blatant 
disregard for State's education decisionmaking authority.
  Here is the bottom line: the Federal Government can't change States; 
States can change local entities. It is an improper relationship for 
the local entities to be able to bypass a State. We should not have 
that.
  I reserve the balance of my time.
  Mr. GEORGE MILLER of California. I didn't say they were autonomous. I 
said that they operate nearly autonomous. I guess if the State wanted 
to rein them in in California and Utah, they would rein them in. But 
they make applications all the time for title II funds, and apparently 
California and Colorado may want to do something about that. That 
sounds like a State problem.
  Mr. Chairman, I yield back the balance of my time.
  Mr. BISHOP of Utah. The State reined them in, but it still should not 
be a part of the policy in this bill.
  I ask for a favorable vote in removing this section that is extra-
constitutional from the bill, and I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Utah (Mr. Bishop).
  The amendment was agreed to.
  Mr. GEORGE MILLER of California. Mr. Chairman, I ask unanimous 
consent that my request for a recorded vote on amendment No. 12 be 
withdrawn to the end that the Chair put the question on the amendment 
de novo.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from California?
  There was no objection.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Louisiana (Mr. Scalise).
  The amendment was agreed to.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in House Report 113-158 on 
which further proceedings were postponed, in the following order:
  Amendment No. 2 by Mr. Young of Alaska.
  Amendment No. 4 by Mr. Luetkemeyer of Missouri.
  Amendment No. 11 by Mr. Meehan of Pennsylvania.
  The Chair will reduce to 2 minutes the time for any electronic vote 
after the first vote in this series.


             Amendment No. 2 Offered by Mr. Young of Alaska

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Alaska 
(Mr. Young) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 263, 
noes 161, not voting 9, as follows:

                             [Roll No. 367]

                               AYES--263

     Aderholt
     Amodei
     Andrews
     Bachus
     Barber
     Barletta
     Barrow (GA)
     Bass
     Beatty
     Becerra
     Benishek
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Bonamici
     Bonner
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Calvert
     Camp
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Collins (NY)
     Connolly
     Conyers
     Cook
     Cooper
     Costa
     Courtney
     Cramer
     Crowley
     Cuellar
     Culberson
     Cummings
     Daines
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Denham
     Dent
     Deutch
     Diaz-Balart
     Dingell
     Doggett
     Doyle

[[Page H4713]]


     Duckworth
     Duffy
     Edwards
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Fitzpatrick
     Fortenberry
     Foster
     Frankel (FL)
     Frelinghuysen
     Fudge
     Gabbard
     Gallego
     Garamendi
     Garcia
     Gerlach
     Gibson
     Gosar
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Grimm
     Gutierrez
     Hahn
     Hanabusa
     Hanna
     Harper
     Hastings (FL)
     Heck (NV)
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Honda
     Hoyer
     Hudson
     Huffman
     Hunter
     Israel
     Issa
     Jackson Lee
     Jeffries
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Joyce
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     King (NY)
     Kirkpatrick
     Kuster
     LaMalfa
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     LoBiondo
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lummis
     Lynch
     Maffei
     Maloney, Carolyn
     Maloney, Sean
     Marino
     Matheson
     Matsui
     McCollum
     McDermott
     McGovern
     McHenry
     McIntyre
     McMorris Rodgers
     McNerney
     Meadows
     Meeks
     Meng
     Mica
     Michaud
     Miller (MI)
     Miller, Gary
     Miller, George
     Moore
     Moran
     Mullin
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Noem
     Nolan
     Nunes
     Nunnelee
     O'Rourke
     Owens
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Pearce
     Pelosi
     Perlmutter
     Peters (CA)
     Peters (MI)
     Peterson
     Pingree (ME)
     Pocan
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reed
     Reichert
     Rice (SC)
     Richmond
     Rooney
     Ros-Lehtinen
     Roybal-Allard
     Ruiz
     Runyan
     Ruppersberger
     Rush
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schwartz
     Schweikert
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Shimkus
     Shuster
     Simpson
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Southerland
     Speier
     Stockman
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tipton
     Titus
     Tonko
     Tsongas
     Turner
     Valadao
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Webster (FL)
     Welch
     Whitfield
     Wilson (FL)
     Yarmuth
     Young (AK)

                               NOES--161

     Alexander
     Amash
     Bachmann
     Barr
     Barton
     Bentivolio
     Bilirakis
     Black
     Blackburn
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman
     Collins (GA)
     Conaway
     Cotton
     Crawford
     Crenshaw
     Davis, Rodney
     DeSantis
     DesJarlais
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fleischmann
     Fleming
     Flores
     Forbes
     Foxx
     Franks (AZ)
     Gardner
     Garrett
     Gibbs
     Gingrey (GA)
     Goodlatte
     Gowdy
     Granger
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Guthrie
     Hall
     Harris
     Hartzler
     Hastings (WA)
     Hensarling
     Holding
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hurt
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly (PA)
     King (IA)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     Long
     Lucas
     Luetkemeyer
     Marchant
     Massie
     McCarthy (CA)
     McCaul
     McClintock
     McKeon
     McKinley
     Meehan
     Messer
     Miller (FL)
     Mulvaney
     Murphy (PA)
     Neugebauer
     Nugent
     Olson
     Palazzo
     Perry
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Radel
     Renacci
     Ribble
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Roskam
     Ross
     Rothfus
     Royce
     Ryan (OH)
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Scott, Austin
     Sensenbrenner
     Sessions
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stewart
     Stivers
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Upton
     Wagner
     Walberg
     Walorski
     Weber (TX)
     Wenstrup
     Westmoreland
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (FL)
     Young (IN)

                             NOT VOTING--9

     Ellison
     Gohmert
     Graves (GA)
     Herrera Beutler
     Holt
     Horsford
     McCarthy (NY)
     Negrete McLeod
     Pallone

                              {time}  1806

  Messrs. GRIFFITH of Virginia, HOLDING, DUNCAN of Tennessee, CASSIDY, 
KELLY of Pennsylvania, and GUTHRIE changed their vote from ``aye'' to 
``no.''
  Mr. STOCKMAN, Ms. SCHAKOWSKY, Ms. WASSERMAN SCHULTZ, Messrs. HUFFMAN, 
RUSH, RICE of South Carolina, SIRES, LIPINSKI, DANNY K. DAVIS of 
Illinois, DeFAZIO, AMODEI, HECK of Nevada, Mrs. LUMMIS, Messrs. BISHOP 
of Georgia, NUNNELEE, REED, TURNER, LOEBSACK, BRALEY of Iowa, HANNA, 
Ms. SPEIER, and Mr. BONNER changed their vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


               Amendment No. 4 Offered by Mr. Luetkemeyer

  The Acting CHAIR (Mr. Hultgren). The unfinished business is the 
demand for a recorded vote on the amendment offered by the gentleman 
from Missouri (Mr. Luetkemeyer) on which further proceedings were 
postponed and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 241, 
noes 182, not voting 10, as follows:

                             [Roll No. 368]

                               AYES--241

     Aderholt
     Alexander
     Amash
     Amodei
     Bachmann
     Bachus
     Barletta
     Barr
     Barrow (GA)
     Barton
     Benishek
     Bentivolio
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crawford
     Crenshaw
     Cuellar
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gabbard
     Gallego
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Green, Gene
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kelly (PA)
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lynch
     Maffei
     Marchant
     Marino
     Massie
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (FL)
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Peters (CA)
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Radel
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (FL)
     Young (IN)

                               NOES--182

     Andrews
     Barber
     Bass
     Beatty
     Becerra
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Deutch
     Dingell
     Doggett
     Doyle
     Duckworth
     Edwards
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Frankel (FL)
     Fudge
     Garamendi
     Garcia
     Grayson
     Green, Al
     Grijalva
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Honda
     Hoyer
     Huffman

[[Page H4714]]


     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Maloney, Carolyn
     Maloney, Sean
     Matsui
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Meng
     Michaud
     Miller, George
     Moore
     Moran
     Nadler
     Napolitano
     Neal
     Nolan
     O'Rourke
     Owens
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peterson
     Pingree (ME)
     Pocan
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reed
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                             NOT VOTING--10

     Diaz-Balart
     Ellison
     Gutierrez
     Herrera Beutler
     Holt
     Horsford
     McCarthy (NY)
     Negrete McLeod
     Pallone
     Peters (MI)


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  1811

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                 Amendment No. 11 Offered by Mr. Meehan

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Pennsylvania (Mr. Meehan) on which further proceedings were postponed 
and on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 239, 
noes 187, not voting 7, as follows:

                             [Roll No. 369]

                               AYES--239

     Aderholt
     Alexander
     Amash
     Amodei
     Bachmann
     Bachus
     Barletta
     Barr
     Barton
     Benishek
     Bentivolio
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carney
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crawford
     Crenshaw
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gabbard
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Holding
     Hudson
     Huelskamp
     Huffman
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kelly (PA)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Marchant
     Marino
     Massie
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (FL)
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Radel
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Ruiz
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Schrader
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (FL)
     Young (IN)

                               NOES--187

     Andrews
     Barber
     Barrow (GA)
     Bass
     Beatty
     Becerra
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Deutch
     Dingell
     Doggett
     Doyle
     Duckworth
     Edwards
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Frankel (FL)
     Fudge
     Gallego
     Garamendi
     Garcia
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Honda
     Hoyer
     Israel
     Jackson Lee
     Jeffries
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maffei
     Maloney, Carolyn
     Maloney, Sean
     Matsui
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Meng
     Michaud
     Miller, George
     Moore
     Moran
     Nadler
     Napolitano
     Neal
     Nolan
     O'Rourke
     Owens
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters (CA)
     Peters (MI)
     Peterson
     Pingree (ME)
     Pocan
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Richmond
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Terry
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                             NOT VOTING--7

     Ellison
     Herrera Beutler
     Holt
     Horsford
     McCarthy (NY)
     Negrete McLeod
     Pallone


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  1816

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                          personal explanation

  Mr. ELLISON. Mr. Chair, on rollcall Nos. 367, 368, 369, I would have 
voted ``yes'' on 367; ``yes'' on 368; and ``no'' on 369.


                 Amendment No. 15 Offered by Mr. Tonko

  The Acting CHAIR. It is now in order to consider amendment No. 15 
printed in House Report 113-158.
  Mr. TONKO. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 260, line 15, strike ``95'' and insert ``85''.
       Page 260, line 17, strike ``and''.
       Page 260, after line 17, insert the following new 
     paragraph:
       ``(2) reserve 10 percent of the grant funds to make 
     subgrants in accordance with subsection (c); and''.
       Page 260, line 18, strike ``(2)'' and insert ``(3)''.
       Page 262, after line 20, insert the following new 
     subsection:
       ``(c) STEM Professional Development and Instructional 
     Materials Grants.--A State receiving a grant under section 
     2111 shall use the funds described in subsection (a)(2) to 
     award grants, on a competitive basis, to nonprofit 
     organizations, and other entities, with expertise and a 
     demonstrated record of success in science, technology, 
     engineering, and mathematics fields to enable such 
     organizations and entities to develop and provide 
     professional development and instructional materials to 
     support elementary and secondary education for science, 
     technology, engineering, and mathematics in the State.''.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman

[[Page H4715]]

from New York (Mr. Tonko) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New York.
  Mr. TONKO. Mr. Chairman, I thank the ranking member of the committee 
for the opportunity to have time to explain my amendment.
  I was planning to offer an amendment today to strengthen the Federal 
commitment to STEM education, but I intend to withdraw my amendment and 
offer my robust support for the Democratic substitute which addresses 
many of my concerns and contains dedicated funding streams for STEM 
programs.
  That being said, many schools already face shortages of science, 
technology, engineering, and math teachers; and these teachers often 
have inadequate opportunities for subject-specific professional 
development. Further, there is rarely an extensive curriculum available 
to support the teaching of these subjects, especially engineering 
education.
  My amendment would have addressed these issues by committing existing 
funds under ESEA to support professional development of STEM education. 
I know firsthand the importance and value of a STEM education, having 
graduated from Clarkson University with a degree in mechanical and 
industrial engineering. I'm proud to represent New York's capital 
region, which serves as a shining example of what a robust investment 
in STEM education can produce.
  In my district, companies like GE and GlobalFoundries, in addition to 
research centers like the Center for Nano Science and Engineering and 
RPI, lead the way in STEM jobs and education. These are well-paying, 
growth-oriented, cutting-edge occupations that ensure America remains 
competitive in the global marketplace.
  As we work to speed up our economic recovery, we know that jobs in 
the future are going to rely heavily on professionals with a STEM 
education background. STEM education opportunities for students will 
spur American innovation through research and development. America has 
a proven track record of leading in new, innovative technologies, from 
the implementation of the car assembly line to the creation of the 
Internet. In order to remain a competitive global economic power of the 
21st century, we must preserve a robust national commitment to STEM 
education.
  The United States will have more than 1.75 million job openings in 
STEM-related occupations by 2018. Yet without a robust investment in 
the type of education and training these jobs require, there will be a 
significant shortage of qualified college graduates to fill these 
careers. The time to invest is now.
  With that, Mr. Chair, I yield 2 minutes to my good friend and 
colleague from Massachusetts (Mr. Kennedy), a very strong leader in 
promoting this issue.
  Mr. KENNEDY. I thank my colleague from New York for yielding. I want 
to thank the ranking member for his work on the bill and for the 
continued leadership my colleague from New York has shown in STEM 
education, an issue that is particularly important for my district and 
the local workforce back home.
  Mr. Chairman, I rise today in support of this bipartisan amendment 
and of the continued work that we need to do here in Congress to 
support and expand engineering education. This amendment would simply 
have taken advantage of existing title II funding to bring industry 
expertise from the STEM fields into the professional development we 
provide for our teachers. It reflects the goals of bipartisan 
legislation my colleague and I have introduced together, the Educating 
Tomorrow's Engineers Act, and reflects the underlying principle at the 
heart of the Elementary and Secondary Education Act, which we consider 
for reauthorization today--the fundamental equity and equality of 
opportunity in American education.
  Engineering and technical skills across the STEM fields are going to 
be anchors of the 21st-century economy. The most rapidly growing 
sectors of our economy and our country's growth right now are the 
innovation sectors: advanced manufacturing, life sciences, information 
technology, and clean energy. Economists continue to predict expansive 
growth in these areas over the next decade--a very bright spot for our 
economic future.
  It is the job of our schools to make sure that every child from every 
ZIP code has access to an education that prepares them to fully engage 
in this economy and become a productive member of our workforce. The 
more kids we educate in these fields and the better the education, the 
wider and deeper our prosperity will be.
  While we withdraw this amendment today, we will continue to work with 
our colleagues on both sides of the aisle to strengthen our commitment 
to engineering education and to revitalize the workforces in our local 
communities by preparing today's students and tomorrow's workers for 
good jobs in the innovation sectors.
  Mr. TONKO. Mr. Chair, I withdraw my amendment.


           Amendment No. 16 Offered by Mrs. Brooks of Indiana

  The Acting CHAIR. It is now in order to consider amendment No. 16 
printed in House Report 113-158.
  Mrs. BROOKS of Indiana. Mr. Chairman, I have an amendment at the 
desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 267, line 19, insert ``, including for teachers of 
     computer science and other science, technology, engineering, 
     and mathematics subjects'' after ``teachers''.
       Page 268, line 19, insert ``and teachers of computer 
     science and other science, technology, engineering, and 
     mathematics subjects'' after ``teachers''.
       Page 276, line 16, insert ``computer science and other'' 
     after ``including''.
       Page 284, line 23, insert ``computer science and other'' 
     after ``from''.
       Page 366, line 5, strike ``academic subject specific 
     programs'' and insert ``academic subject specific programs 
     (including computer science and other science, technology, 
     engineering, and mathematics programs)''.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentlewoman 
from Indiana (Mrs. Brooks) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Indiana.
  Mrs. BROOKS of Indiana. Mr. Chairman, the Student Success Act is a 
good bill that creates necessary flexibility for States and local 
school boards to best serve their students. Mr. Polis and I have an 
amendment that would simply make clarifying changes to H.R. 5. Our 
amendment adds computer science in title II, the teacher preparation 
title, and title III, the parental engagement title. This clarifies 
that Federal funds may be used to support the training and teaching of 
teachers of computer science and STEM subjects in K-12 education. 
Simply put, it allows Federal funds to be use for much-needed teacher 
professional development in computer science.
  It doesn't cost taxpayers one additional penny, and it wouldn't 
impose any new mandates on States or localities. Instead, it simply 
provides the additional flexibility to educators as they choose how to 
spend their Federal education dollars. Even with the 7.6 percent 
national unemployment rate, thousands of jobs remain unfilled because 
our K-12 classrooms haven't provided ample opportunities to learn 
computer science.
  The situation will become even more serious over the next few years. 
By 2020, it's expected that half of the 9.2 million U.S. STEM jobs, as 
we've heard just previously, will be in computing or IT-related. If we 
don't increase access to computer science education now, these jobs 
will either remain unfilled or employers will find workers overseas by 
exporting those jobs or importing the labor to fill them.
  This amendment is supported by Computing in the Core, whose members 
include companies like Google, Microsoft, and Oracle, as well as the 
Information Technology Industry Council. This amendment will also help 
more women and minorities choose computer science as a career. In 2011, 
only 19 percent of Advanced Placement computer science test-takers were 
women, even though women represented 56 percent of AP test-takers 
overall. Only 25 percent of the computer science workforce was female, 
with just 3 percent of those being African American and 1 percent 
Latino.
  Today, only nine States maintain computer science requirements to 
graduate from high school. One of the reasons more do not is because we

[[Page H4716]]

don't encourage our schools to use Federal funding to support teacher 
professional development specifically in computer science. This 
amendment remedies that fact.
  Training a new generation of innovators requires a keen focus on the 
skills that will drive our 21st-century workforce. Computer science is 
one of those skills. Empowering our superintendents, principals, and 
educators to provide that robust, relevant, and effective computer 
science curriculum will ensure more students enter the workforce with 
the tools they need to succeed. It will help us close the gender and 
race gaps that have existed in this field for far too long.
  Let's do everything we can to prepare our kids for success in 
tomorrow's technical-driven and information-driven economy. I ask my 
colleagues to stand with us and pass this amendment, and I reserve the 
balance of my time.

                              {time}  1830

  Mr. POLIS. Mr. Chairman, I claim time in opposition to the amendment, 
even though I'm not opposed.
  The Acting CHAIR. Without objection, the gentleman from Colorado is 
recognized for 5 minutes.
  There was no objection.
  Mr. POLIS. Mr. Chairman, I rise today to support this amendment that 
I was pleased to work on with Representative Brooks, which would 
clarify that Federal funds can be used for computer science education, 
particularly when it comes to teacher preparation and professional 
development to make sure that teachers have the skills and knowledge 
that they need to make sure that their students can receive the 
instruction they need to have jobs in the 21st century. This amendment 
is based on the Computer Science Education Act, which Representative 
Brooks and I introduced earlier this year.
  In today's knowledge-based economy, it's more important than ever to 
ensure our education system meets the demands of the 21st-century 
workforce. However, there's a fundamental mismatch between the jobs of 
the future and the skills that are available in many schools today. One 
of the places that we haven't kept up is computing and computer 
science.
  There will be an estimated 1.4 million computing jobs by 2020, and 
it's one of the top 10 fastest growing major occupational groups. We 
will have even more jobs than we have computer science students to fill 
them. Without high-quality teachers to introduce students to computer 
science, our Nation's students won't even have the opportunity to have 
some of these jobs and explore this emerging and exciting field; and 
many of these jobs, frankly, will go overseas.
  I'm pleased that Ranking Member Miller has included computer science 
in the definition of STEM subjects in the Democratic substitute, which 
I strongly support. This amendment would make a corresponding change to 
the underlying bill to ensure that computer science will be treated 
similarly to other important academic areas. I think it highlights a 
commonsense adaptation of the way that we structure our professional 
development and expenditures to better align with the real need for 
making sure that kids have more exposure to computer science.
  I urge my colleagues to support this amendment, which would provide 
flexibility and help prepare our Nation's students for the jobs of the 
future.
  I yield back the balance of my time.
  Mrs. BROOKS of Indiana. Mr. Chairman, may I inquire as to how much 
time I have remaining.
  The Acting CHAIR. The gentlewoman has 2 minutes remaining.
  Mrs. BROOKS of Indiana. I yield 1\3/4\ minutes to the gentlewoman 
from Washington (Mrs. McMorris Rodgers).
  Mrs. McMORRIS RODGERS. Mr. Chairman, I rise to applaud my colleague's 
amendment, as well as the committee's work on this important issue.
  The availability and mastery of STEM subjects really hold the key to 
a competitive future for America. Especially with our younger children, 
the opportunities that a STEM education hold are vast, no matter what 
the field.
  So I was surprised to learn, as someone that's been working on 
increasing awareness for STEM education, that computer science is not 
recognized as a STEM subject. This is true, despite the fact that 
computer science is the highest paid college degree today, with the 
number of jobs available growing at twice the rate of the national 
average. In fact, by 2020, it is predicted that there will be more than 
1.4 million jobs in the computing field. Yet only 2 percent of math and 
science students will graduate with a computer science degree--fewer 
students than a decade ago.
  I am proud to say that Washington State has been at the forefront of 
this initiative, recently passing legislation to recognize coding as a 
core academic subject. We should be encouraging students and teachers 
in this area. It holds the key to our technological success as a 
Nation.
  I urge my colleagues to adopt this amendment.
  Mrs. BROOKS of Indiana. Mr. Chairman, I want to thank my friend, the 
gentleman from Colorado, for working with me on this amendment, as well 
as my colleague, Mrs. McMorris Rodgers, for her thoughtful comments, 
particularly with respect to her State, and for their support on this 
issue. I believe this will go a long way towards guaranteeing our 
students are ready and that our teachers are ready to teach our 
students so they can be ready for that 21st-century job market.
  I encourage all Members to support this bipartisan amendment, and I 
yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Indiana (Mrs. Brooks).
  The amendment was agreed to.


                 Amendment No. 17 Offered by Mr. Polis

  The Acting CHAIR. It is now in order to consider amendment No. 17 
printed in House Report 113-158.
  Mr. POLIS. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 311, line 4, strike ``and'' at the end.
       Page 311, line 15, strike the period at the end and insert 
     a semicolon.
       Page 315, after line 15, insert the following:
       ``(H) the entity will ensure that each charter school 
     provides substantive outreach to students from low-income 
     families and other underserved populations in its plans to 
     open new charter schools, replicate high-quality charter 
     school models, or expand existing high-quality charter 
     schools; and
       ``(I) the entity willl allow per pupil revenues to shared 
     between local educational agencies to reflect split student 
     enrollment in 2 or more part-time educational programs 
     operated or authorized by different local educational 
     agencies.''.
       Page 315, line 22, strike ``schools.'' and insert the 
     following:

     ``schools, which may include (1) paying costs associated with 
     preparing teachers to ensure strong school starts; (2) 
     purchasing instructional materials and implementing teacher 
     and principal professional development programs; and (3) 
     providing the necessary renovations and minor facilities 
     repairs, excluding construction, to ensure a strong school 
     opening or to meet the needs of increased student 
     enrollment.''.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman 
from Colorado (Mr. Polis) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Colorado.
  Mr. POLIS. Mr. Chairman, this amendment, as well as the underlying 
components of both the base bill as well as the Democratic substitute, 
is an opportunity to highlight the many successes that charter school 
and public school choice have brought to average students across the 
country.
  Before I came to Congress, I founded two charter schools, and I 
served as superintendent of a charter school that serves English 
language learners and has four campuses across Colorado and New Mexico.
  I am pleased to offer this amendment, which would ensure that charter 
schools are able to use Federal funds in a more flexible manner to 
ensure strong school foundations.
  The Charter Schools Program is a critical lifeline in supporting 
public charter schools across the country. I want to thank Ranking 
Member Miller and Chairman Kline for working with me to support the 
replication and expansion of the very best charter schools and the 
emergence of new, transformational public charter school models that we 
can all learn from across public education.
  As a recent Stanford CREDO study found, charter schools that are 
successful in producing strong academic

[[Page H4717]]

progress from the start tend to remain strong and successful schools 
over time, proving that this is a durable phenomenon. Unfortunately, we 
have heard from countless school principals that they don't have the 
flexibility to spend these startup grants on the areas that would 
actually help them the most, the areas that are most impactful for 
their students and faculty.
  My amendment, which I am offering with Congressman Petri, would allow 
charter schools that receive Federal funding through the Charter 
Schools Program to use their grant dollars for more vital and important 
startup costs, like professional development, teacher training, 
instructional materials, and minor facilities costs.
  I remember when we were starting a charter school and we weren't able 
to use some of the charter startup funds on things like chairs and 
tables because they were considered capital equipment, and yet those 
were a real cost. And before the official enrollees start, you have to 
have chairs on that first day when kids arrive. This amendment will 
help make that happen.
  This amendment also allows per-pupil revenue to be more portable in 
following the child by providing an assurance that when students are 
enrolled part time in one school and part time in another, the 
districts are able to share per-pupil revenue. This is important 
because, increasingly, kids are taking advantage of online programs 
offered by school districts as well as charter schools. This kind of 
hybrid education--sometimes entirely within a public school, sometimes 
within a charter school and a public school--and empowering the parents 
to be able to share and have a kid involved with both programs can, for 
many families, mean the best of both worlds, being able to have the 
social environment of the school along with the advantages of online 
learning at home.
  This assurance will provide States with an incentive to provide more 
innovative funding models that expand learning opportunities and 
encourage hybrid education and the personalization of education for 
every child, including competency-based education.
  Finally, this amendment would provide an assurance that charter 
schools are doing substantial outreach to low-income and underserved 
populations. We know that some high-performing charter schools are 
already leading on this issue, but we want to ensure that they continue 
to lead the way in providing access and choice for more families, and 
that all charter schools can do more to serve those who need the most 
help.
  I want to thank Chairman Kline and Ranking Member Miller for working 
with me on this issue, and I urge my colleagues to support the 
amendment.
  Mr. GEORGE MILLER of California. Will the gentleman yield?
  Mr. POLIS. I yield to the gentleman.
  Mr. GEORGE MILLER of California. Mr. Chairman, I want to commend the 
gentleman for his amendment and thank him for all of his work and 
leadership that he has brought to the committee on charter schools.
  And I will vote for the amendment if the gentleman can say again five 
times ``starter charter startup funds.'' If you can say that really 
quickly five times, then I will vote for the amendment.
  Mr. POLIS. I certainly enjoy talking about charter startup funds and 
chart school programs on the floor of the House at every opportunity to 
educate my colleagues on both sides of the aisle with what Ranking 
Member Miller and Chairman Kline already know about the important 
contributions that public charter schools have made to serve at-risk 
kids across the country.
  I reserve the balance of my time.
  Mr. ROKITA. Mr. Chairman, I rise to claim time in opposition, but I 
certainly do not intend to oppose.
  The Acting CHAIR. Without objection, the gentleman from Indiana is 
recognized for 5 minutes.
  There was no objection.
  Mr. ROKITA. Mr. Chairman, I thank the gentleman from Colorado for 
offering this amendment, along with Mr. Petri for his work on this 
amendment. It's another example of the fact that as we work through 
this process in committee and here on the House floor, there's a lot of 
opportunity for the bill to get better and for the language to get 
better. And I say that as just one of the authors.
  I rise in support of this amendment, which clarifies some of the uses 
for charter school startup grants and ensures charter schools are 
reaching out to underserved populations so they may have an opportunity 
to attend a charter school.
  Recently, I had the opportunity to visit the SENSE Charter School in 
my home State of Indiana. What I saw in the students there was, again, 
nothing short of young people who are reaching and exceeding their 
potential.
  What that visit also showed--and I have seen it in other schools as 
well, including one right here in Washington, D.C. this week--is that 
when given the choice, parents will put their children in the school 
that best fits their educational needs. Choice works, and funding 
shouldn't be tied to any kind of cookie-cutter standards or programs. 
It should be about what works and what doesn't.
  Parents know their children. As we've heard on the House floor all 
afternoon and into the evening, I dare anyone here in Washington to 
say, Mr. Chairman, that they know our children better than we do. They 
are the best to make the evaluation, not bureaucrats.
  Charter schools level the playing field for children of all different 
socioeconomic backgrounds. They allow parents, regardless of their 
means, to get their children out of a school not meeting their needs 
and find an educational environment that fits their unique learning 
style.
  The charter school startup grants are a critical resource to help 
open more charter schools to provide greater choice for students. So 
instead of throwing good money after bad on failed education 
bureaucracy, let's devote these funds to good programs to help prepare 
charter school teachers and classrooms to make a lasting difference in 
the lives of our children.
  So once again, I appreciate both gentlemen's support for charter 
schools. I would urge the House to support the amendment and also to 
support the Student Success Act.
  I yield back the balance of my time.
  Mr. POLIS. Mr. Chairman, I yield myself such time as I may consume.
  I want to be clear: while this amendment helps empower social 
entrepreneurs and charter school founders and charter school management 
organizations to serve more kids, it in no way addresses the major 
underlying flaws of this piece of legislation.
  The piece of legislation and the underlying bill as a whole are an 
enormous step backward for accountability and transparency and, as 
amended on the floor, have taken an even further step back. For 
instance, with the Scalise amendment, which takes away all reporting 
requirements with regard to teacher quality, not only removing a Highly 
Qualified Teacher concept, not only abolishing any intervening 
accountability measures, but actually gets rid of the ultimate 
accountability of performance-based measures which are included in the 
initial Kline bill after 3 years, but have now been stripped out 
entirely. I have a bill, along with Susan Davis, the STELLAR Act, that 
would implement a similar concept of providing accountability for 
teachers.
  In addition, the watering down of standards--I believe a better name 
for this underlying bill, in fact, would be A Race to the Bottom, 
because that's exactly what it risks producing in terms of districts 
not accounting for kids with disabilities, in terms of districts 
adopting standards that are not college and career ready.
  I deeply appreciate working with Representative Petri from the 
majority on this amendment, and I urge a ``yes'' vote on the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Colorado (Mr. Polis).
  The amendment was agreed to.


               Amendment No. 18 Offered by Ms. Velazquez

  The Acting CHAIR. It is now in order to consider amendment No. 18 
printed in House Report 113-158.
  Ms. VELAZQUEZ. Mr. Chairman, I have an amendment at the desk made in 
order under the rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 351, after line 12, insert the following:
       ``(5) A description of the steps the applicant will take to 
     target services to low-income students and parents.''.
       Page 351, line 12, redesignate paragraph (5) as paragraph 
     (6).

[[Page H4718]]

       Page 353, line 23, strike ``and'' after the semicolon.
       Page 354, line 2, strike the period and insert ``; and''.
       Page 354, after line 2, insert the following:
       ``(K) conduct outreach to low-income students and parents, 
     including low-income students and parents who are not 
     proficient in English.''.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentlewoman 
from New York (Ms. Velazquez) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from New York.
  Ms. VELAZQUEZ. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, millions of children in our country are falling through 
the cracks. Every day, children sit in classrooms more worried about 
the emptiness in their stomachs, the dangers of their walk home, or the 
broken radiator in their freezing apartment than the lessons on the 
board.
  Every afternoon, these children return home to families who do not 
know how to support their education. And every year these kids drop out 
of school, don't pass on to the next grade, or pass on without having 
been properly prepared.
  The Family Engagement Centers established by this legislation will 
work to bring community-based organizations, school districts, 
educators, school administrators, and parents together to meet 
children's educational needs. This holistic approach focuses on 
preparing children for a bright future.
  Family Engagement Centers face serious obstacles in reaching many 
parents, however. There is the single mother working two jobs, the 
parents who feel intimidated by algebra or literature because they were 
never taught those subjects, and millions of immigrant families who 
work hard every day but have trouble deciphering the notices schools 
send home.

                              {time}  1845

  My amendment ensures that Family Engagement Centers work on reaching 
these low-income students and parents and that they reach out to 
students and parents that lack the resources that other families have, 
especially those that might have difficulty communicating with 
educators and school administrators.
  The blame for our failing schools cannot be placed on our students. 
They are too preoccupied with the violence that might meet them on the 
street corner or thoughts of meals that never come to focus on letters 
and numbers. The blame lies with the system, a system too overwhelmed 
to worry about our children. That is unacceptable.
  When parents don't have the resources to engage, don't feel 
comfortable engaging, or cannot engage without the help of a 
translator, it is difficult to encourage them to participate in their 
child's education. You can walk into virtually any community and find 
families in this situation. These families want to see their children 
live the American Dream, but they feel they cannot help or they have 
trouble communicating in a system that doesn't speak their language.
  My amendment helps bring these families into the mix so that 
education becomes a 24/7 goal. When parents and schools work together, 
education is no longer something a child does for a few hours during 
weekdays. It is a constant process reinforced by everyone around them.
  We all know it takes a village to raise a child. Family Engagement 
Centers help to bring that together and focus on the needs of the 
child. My amendment ensures that villagers and children aren't left out 
because they do not have the same resources or speak the same language 
as the rest of the village.
  I reserve the balance of my time.
  Mr. ROKITA. Mr. Chairman, I rise to claim time in opposition, but I 
do not intend to oppose the amendment.
  The Acting CHAIR. Without objection, the gentleman from Indiana is 
recognized for 5 minutes.
  There was no objection.
  Mr. ROKITA. Mr. Chair, I am supportive of this amendment, which 
merely adds a requirement for grantees under the Family Engagement 
Centers to conduct outreach to low-income families, as I understand the 
gentlelady's presentation.
  The intent of this program is to help parents better engage with 
their students to increase their academic achievement. I certainly 
support these centers reaching out to low-income families to help them.
  I appreciate my colleague's effort on this provision, and I urge 
support of the amendment, as well as the entire Student Success Act.
  I reserve the balance of my time.
  Ms. VELAZQUEZ. Mr. Chairman, I yield the remainder of my time to the 
ranking member.
  Mr. GEORGE MILLER of California. I want to commend you so much for 
offering this amendment. In touring schools my entire time in Congress 
and talking to parents and talking to school officials where we have 
these kinds of resources available to engage parents, the outcomes of 
the students are very often dramatically improved. The participation by 
the parents is dramatically improved. The participation by the parents 
at home with the students is changed in a very dramatic fashion.
  Just recently, in the North Bay in the San Francisco area up in Napa 
County, the participation of the parents with English learning students 
who are in kindergarten with the use of an iPad and getting the parents 
to come together and understand this technology, how it could help 
their children learn English, how it could help them learn English, and 
then imparting with the parents that they could also use it for job 
search, the engagement was just phenomenal, and these students continue 
to soar as they now are in the third grade.
  So these kinds of possibilities where you bring parents and get that 
kind of involvement, it changes it so much. Helms Middle School in my 
district, we not only tore it down and rebuilt it, but we made it a 
community school with family engagement, and there are parents on that 
campus all of the time engaged with their kid's education, with their 
neighbor's kid's education, and their own education.
  I really commend you. I think this is a very important amendment as 
we seek to have parents involved in schools, and thank you so much.
  Mr. ROKITA. Mr. Chair, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from New York (Ms. Velazquez).
  The amendment was agreed to.


                 Amendment No. 19 Offered by Mr. Mullin

  The Acting CHAIR. It is now in order to consider amendment No. 19 
printed in House Report 113-158.
  Mr. MULLIN. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 373, lines 11 through 22, strike paragraph (1), and 
     redesignate the succeeding paragraphs accordingly.
       Page 391, beginning on line 12, strike ``agencies'' and all 
     that follows through page 392, line 20, and insert 
     ``agencies).''
       Page 394, beginning on line 17, amend section 406 to read 
     as follows:

     SEC. 406. CONSTRUCTION.

       Section 8007 (20 U.S.C. 7707) is amended to read as 
     follows:

     ``SEC. 8007. CONSTRUCTION.

       ``(a) School Facility Emergency and Modernization Grants 
     Authorized.--
       ``(1) In general.--From 100 percent of the amount 
     appropriated for each fiscal year under section 8014(e), the 
     Secretary--
       ``(A) shall award emergency grants in accordance with this 
     subsection to eligible local educational agencies to enable 
     the agencies to carry out emergency repairs of school 
     facilities; and
       ``(B) shall award modernization grants in accordance with 
     this subsection to eligible local educational agencies to 
     enable the agencies to carry out the modernization of school 
     facilities.
       ``(2) Priority.--In approving applications from local 
     educational agencies for emergency grants and modernization 
     grants under this subsection, the Secretary shall give 
     priority to applications in accordance with the following:
       ``(A) The Secretary shall first give priority to 
     applications for emergency grants from local educational 
     agencies that meet the requirements of paragraph (3)(A) and, 
     among such applications for emergency grants, shall give 
     priority to those applications from local educational 
     agencies based on the severity of the emergency, as 
     determined by the Secretary.
       ``(B) The Secretary shall next give priority to 
     applications for modernization grants from local educational 
     agencies that meet the requirements of paragraph (3)(B) and,

[[Page H4719]]

     among such applications for modernization grants, shall give 
     priority to those applications from local educational 
     agencies based on the severity of the need for modernization, 
     as determined by the Secretary.
       ``(3) Eligibility requirements.--
       ``(A) Emergency grants.--A local educational agency is 
     eligible to receive an emergency grant under paragraph (2)(A) 
     if--
       ``(i) the agency (or in the case of a local educational 
     agency that does not have the authority to tax or issue 
     bonds, the agency's fiscal agent)--

       ``(I) has no practical capacity to issue bonds; or
       ``(II) has minimal capacity to issue bonds and is at not 
     less than 75 percent of the agency's limit of bonded 
     indebtedness; or

       ``(ii) the agency is eligible to receive assistance under 
     subsection (a) for the fiscal year and has a school facility 
     emergency, as determined by the Secretary, that poses a 
     health or safety hazard to the students and school personnel 
     assigned to the school facility.
       ``(B) Modernization grants.--A local educational agency is 
     eligible to receive a modernization grant under paragraph 
     (2)(B) if--
       ``(i) the agency receives a basic support payment under 
     section 8003(b) for the fiscal year; or
       ``(ii) the agency receives a Federal properties payment 
     under section 8002 for the fiscal year.
       ``(C) Rule of construction.--For purposes of subparagraph 
     (A)(i), a local educational agency--
       ``(i) has no practical capacity to issue bonds if the total 
     assessed value of real property that may be taxed for school 
     purposes is less than $25,000,000; and
       ``(ii) has minimal capacity to issue bonds if the total 
     assessed value of real property that may be taxed for school 
     purposes is at least $25,000,000 but not more than 
     $50,000,000.
       ``(4) Award criteria.--In awarding emergency grants and 
     modernization grants under this subsection, the Secretary 
     shall consider the following factors:
       ``(A) The ability of the local educational agency to 
     respond to the emergency, or to pay for the modernization 
     project, as the case may be, as measured by--
       ``(i) the agency's level of bonded indebtedness;
       ``(ii) the assessed value of real property per student that 
     may be taxed for school purposes compared to the average of 
     the assessed value of real property per student that may be 
     taxed for school purposes in the State in which the agency is 
     located;
       ``(iii) the agency's total tax rate for school purposes (or 
     for capital expenditures, if applicable) compared to the 
     average total tax rate for school purposes (or the average 
     capital expenditure tax rate, if applicable) in the State in 
     which the agency is located; and
       ``(iv) funds that are available to the agency, from any 
     other source, including subsection (a), that may be used for 
     capital expenditures.
       ``(B) The percentage of property in the agency that is 
     nontaxable due to the presence of the Federal Government.
       ``(C) The number and percentages of children described in 
     subparagraphs (A), (B), (C), and (D) of section 8003(a)(1) 
     served in the school facility with the emergency or served in 
     the school facility proposed for modernization, as the case 
     may be.
       ``(D) In the case of an emergency grant, the severity of 
     the emergency, as measured by the threat that the condition 
     of the school facility poses to the health, safety, and well-
     being of students.
       ``(E) In the case of a modernization grant--
       ``(i) the severity of the need for modernization, as 
     measured by such factors as--

       ``(I) overcrowding, as evidenced by the use of portable 
     classrooms, or the potential for future overcrowding because 
     of increased enrollment; or
       ``(II) the agency's inability to utilize technology or 
     offer a curriculum in accordance with contemporary State 
     standards due to the physical limitations of the current 
     school facility; and

       ``(ii) the age of the school facility proposed for 
     modernization.
       ``(5) Other award provisions.--
       ``(A) General provisions.--
       ``(i) Limitations on amount of funds.--

       ``(I) In general.--The amount of funds provided under an 
     emergency grant or a modernization grant awarded under this 
     subsection to a local educational agency that meets the 
     requirements of subclause (II) of paragraph (3)(A)(i) for 
     purposes of eligibility under subparagraph (A) or (B) of 
     paragraph (3)--

       ``(aa) shall not exceed 50 percent of the total cost of the 
     project to be assisted under this subsection; and
       ``(bb) shall not exceed $4,000,000 during any 4-year 
     period.

       ``(II) In-kind contributions.--A local educational agency 
     may use in-kind contributions to meet the matching 
     requirement of subclause (I)(aa).

       ``(ii) Prohibitions on use of funds.--A local educational 
     agency may not use funds provided under an emergency grant or 
     modernization grant awarded under this subsection for--

       ``(I) a project for a school facility for which the agency 
     does not have full title or other interest;
       ``(II) stadiums or other school facilities that are 
     primarily used for athletic contests, exhibitions, or other 
     events for which admission is charged to the general public; 
     or
       ``(III) the acquisition of real property.

       ``(iii) Supplement, not supplant.--A local educational 
     agency shall use funds provided under an emergency grant or 
     modernization grant awarded under this subsection only to 
     supplement the amount of funds that would, in the absence of 
     the Federal funds provided under the grant, be made available 
     from non-Federal sources to carry out emergency repairs of 
     school facilities or to carry out the modernization of school 
     facilities, as the case may be, and not to supplant such 
     funds.
       ``(iv) Maintenance costs.--Nothing in this subsection shall 
     be construed to authorize the payment of maintenance costs in 
     connection with any school facility modernized in whole or in 
     part with Federal funds provided under this subsection.
       ``(v) Environmental safeguards.--All projects carried out 
     with Federal funds provided under this subsection shall 
     comply with all relevant Federal, State, and local 
     environmental laws and regulations.
       ``(vi) Carry-over of certain applications.--A local 
     educational agency that applies for an emergency grant or a 
     modernization grant under this subsection for a fiscal year 
     and does not receive the grant for the fiscal year shall have 
     the application for the grant considered for the following 
     fiscal year, subject to the priority requirements of 
     paragraph (2) and the award criteria requirements of 
     paragraph (4).
       ``(B) Emergency grants; prohibition on use of funds.--A 
     local educational agency that is awarded an emergency grant 
     under this subsection may not use amounts under the grant for 
     the complete or partial replacement of an existing school 
     facility unless such replacement is less expensive or more 
     cost-effective than correcting the identified emergency.
       ``(6) Application.--A local educational agency that desires 
     to receive an emergency grant or a modernization grant under 
     this subsection shall submit an application to the Secretary 
     at such time, in such manner, and accompanied by such 
     information as the Secretary may require. Each application 
     shall contain the following:
       ``(A) A description of how the local educational agency 
     meets the award criteria under paragraph (4), including the 
     information described in clauses (i) through (iv) of 
     paragraph (4)(A) and subparagraphs (B) and (C) of paragraph 
     (4).
       ``(B) In the case of an application for an emergency 
     grant--
       ``(i) a description of the school facility deficiency that 
     poses a health or safety hazard to the occupants of the 
     facility and a description of how the deficiency will be 
     repaired; and
       ``(ii) a signed statement from an appropriate local 
     official certifying that a deficiency in the school facility 
     threatens the health or safety of the occupants of the 
     facility or that prevents the use of all or a portion of the 
     building.
       ``(C) In the case of an application for a modernization 
     grant--
       ``(i) an explanation of the need for the school facility 
     modernization project;
       ``(ii) the date on which original construction of the 
     facility to be modernized was completed;
       ``(iii) a listing of the school facilities to be 
     modernized, including the number and percentage of children 
     determined under section 8003(a)(1) in average daily 
     attendance in each school facility; and
       ``(iv) a description of the ownership of the property on 
     which the current school facility is located or on which the 
     planned school facility will be located.
       ``(D) A description of the project for which a grant under 
     this subsection will be used, including a cost estimate for 
     the project.
       ``(E) A description of the interest in, or authority over, 
     the school facility involved, such as an ownership interest 
     or a lease arrangement.
       ``(F) Such other information and assurances as the 
     Secretary may reasonably require.
       ``(7) Report.--
       ``(A) In general.--Not later than January 1 of each year, 
     the Secretary shall prepare and submit to the appropriate 
     congressional committees a report that contains a 
     justification for each grant awarded under this subsection 
     for the prior fiscal year.
       ``(B) Definition.--In this paragraph, the term `appropriate 
     congressional committees' means--
       ``(i) the Committee on Appropriations and the Committee on 
     Education and the Workforce of the House of Representatives; 
     and
       ``(ii) the Committee on Appropriations and the Committee on 
     Health, Education, Labor, and Pensions of the Senate.''.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman 
from Oklahoma (Mr. Mullin) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Oklahoma.
  Mr. MULLIN. Mr. Chair, first of all, I would like to thank Chairman 
Kline for his work on this bill and for working with my office on 
several provisions that affected the Impact Aid Program. I believe this 
bill goes a long way to improving the Impact Aid Program. I would like 
to thank the chairman for including the provisions related to the 
destruction of records in a manager's amendment and working with my 
office on a provision related to heavily impacted school districts.

[[Page H4720]]

  My amendment would strike the language in the bill that would make 
payment to a school district if two districts consolidated and one or 
both were eligible for payments as an individual local education agency 
but not when consolidated. Basically, this provision would make the 
ineligible consolidated schools and the districts be eligible to 
receive funding. This requires already limited funds to stretch even 
farther.
  Additionally, this amendment would remove the text allowing school 
districts to adjust their student accounts midyear. By allowing midyear 
adjustments, it puts a strain on those administrating the funds which 
could lead to delay in the payments to our school districts. Currently, 
schools are allowed to adjust their student accounts only annually.
  Finally, this amendment would take the current construction program 
and make it solely a competitive grant program. Currently, the program 
fluctuates between an apportion fund to school districts and a 
competitive grant program. While making the program completely a 
competitive grant program, we would be allowing school districts to be 
awarded based on needs versus just giving them funds on an annual 
basis.
  However, I am willing to withdraw my amendment and would just simply 
ask the chairman to continue to work with me in the future on this 
issue.
  Mr. Chair, I withdraw my amendment.


                Amendment No. 20 Offered by Mr. Garrett

  The Acting CHAIR. It is now in order to consider amendment No. 20 
printed in House Report 113-158.
  Mr. GARRETT. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 475, after line 19, insert the following new section:

     ``SEC. 5530. PROHIBITION ON REQUIRING STATE PARTICIPATION.

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

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman 
from New Jersey (Mr. Garrett) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. GARRETT. Mr. Chair, I wish to thank Chairman Kline for his 
leadership on the legislation today and on the entire issue that he 
brings before Congress now.
  Chairman Kline has three notable goals when drafting the Student 
Success Act: restoring local control, reducing the Federal footprint, 
and empowering parents as well. He has succeeded in crafting a bill 
that works towards all these goals.
  For too long now, all across this Nation, parents, teachers, and 
administrators, the people that are closest and most directly 
responsible for our students, have spent their time fighting Federal 
education mandates rather than doing what we want them to do, which is 
focusing exclusively on teaching our students. Growing Federal 
intrusion into the American education system has been an unmitigated 
failure which has not improved students' achievement.
  To that end, I have now worked with the chairman to include language 
in the manager's amendment that clarifies that States are not required 
to accept Federal funds and the Federal mandates that are tied to them, 
so they are free to engage in the activity they need to.
  Additionally, the language clarifies that States are not required to 
participate in any of the Federal education programs. This language and 
the Student Success Act, as a whole, recognizes the American commitment 
to the principles of federalism, which allows for competition and 
innovation.
  I thank Chairman Kline for his leadership and for helping stem the 
Federal intrusion into our American education system.
  At this time, I would like to yield 30 seconds to Mr. Rokita.
  Mr. ROKITA. Mr. Chairman, I thank the gentleman from New Jersey for 
his language. I think this is a good amendment and was pleased to 
incorporate it into the manager's amendment.
  Too often we hear concerns that States have to participate in these 
programs or have to comply with unfair rules. This amendment will 
clearly establish the rights of States to opt out of the programs and 
further clarify that States cannot be forced to participate in any 
program.
  Mr. GARRETT. Mr. Chair, at this time, I would like to withdraw my 
amendment and urge my colleagues to support the underlying Student 
Success Act.


            Amendment No. 21 Offered by Mr. Broun of Georgia

  The Acting CHAIR. It is now in order to consider amendment No. 21 
printed in House Report 113-158.
  Mr. BROUN of Georgia. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 481, line 19, strike ``and''.
       Page 481, line 22, strike the period and insert ``; and''.
       Page 481, after line 22, insert the following:
       ``(D) the average salary of the employees described in 
     subparagraph (B) whose positions were eliminated; and
       ``(E) the average salary of the full-time equivalent 
     employees who work on or administer a program or project 
     authorized under this Act by the Department, disaggregated by 
     employee function with each such program or project.''.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman 
from Georgia (Mr. Broun) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Georgia.
  Mr. BROUN of Georgia. Mr. Chairman, as my colleagues know, I believe 
in the Constitution as our Founding Fathers meant it to be: limited 
government, with enumerated powers of all branches of government, the 
Congress and every branch.
  As a result, I don't believe there is a Federal role in education at 
all. These powers ought to belong to the States and to the people. 
Parents and teachers should direct the education of the children, not 
the Federal Government.
  Since 1965, the Federal Government has spent a total of $2 trillion. 
Unfortunately, this big Federal role in education has resulted in 
mandate after mandate and regulation after regulation being forced upon 
school superintendents, principals, teachers, parents, and students 
with little measurable gain in quality of education.
  The underlying bill reduces the burden which came out of No Child 
Left Behind. I call it No Teacher Left Unshackled. I don't believe that 
it goes far enough, but I can appreciate the movement away from total 
Federal control, slight though it may be.
  That being said, the final say on many education issues will remain 
in the hands of what I like to call ``fat cat bureaucrats'' here in 
Washington, D.C., men and women within the Department of Education who 
pull in an average salary of over $101,000 a year despite the fact that 
many of them have never taught a child how to read. That is twice the 
average salary of teachers in my home State of Georgia.
  Why is this a problem? I am sure that many of these bureaucrats are 
considered to be experts, so-called experts in the field of education, 
but they don't know the individual needs of each community, school, or 
student. The parents, teachers, and students who are subject to their 
requirements don't know much about them either.
  My amendment would change all that. It would require the Secretary of 
Education to include in the reporting that is requested by the 
underlying bill the average salaries of employees whose positions are 
eliminated due to program consolidation, as well as the average 
salaries of the remaining employees in the Department according to 
their job function.
  My amendment would simply bring needed transparency to the 
Department. Hopefully, it will begin the discussion about how scarce 
education dollars ought to be spent.
  I urge my colleagues to support this simple amendment, an amendment 
of transparency, and I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chair, I claim time in 
opposition to this amendment.

[[Page H4721]]

  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. GEORGE MILLER of California. Mr. Chair, I rise in opposition to 
this amendment.
  This is some kind of political exercise. I don't know what the value 
of this is to the public. It is to take Federal officials in the 
Department of Education, including the Secretary, and somehow going to 
create a lot of make-work for them. I think it is unnecessary. I don't 
quite understand the theory behind it.
  There is program consolidation going on, so we are going to learn the 
average wage of the people whose jobs were unfortunately, I guess 
because of sequestration at the moment, eliminated, and I don't know 
how that will help the education of the young children. Then we are 
going to figure out the average salary.
  All this information is available to the Appropriations Committee. It 
is a matter of public record. It is available to the public. But we 
will go through some kind of computation then, those who are left 
making more than $100,000. I really don't know, again, what this has to 
do with the education of young children across this Nation.

                              {time}  1900

  Again, I know we had to pass an amendment to say this, but it's 
already the law. There is nothing that requires any State, any school 
district to accept these programs. You have to sign up. You have to 
make applications for programs. If you don't make applications, you 
don't get them. This isn't forced down your throat. It's very hard to 
make sense out of this amendment.
  Mr. BROUN of Georgia. Will the gentleman yield?
  Mr. GEORGE MILLER of California. I would be happy to yield to the 
gentleman.
  Mr. BROUN of Georgia. I appreciate it.
  The purpose of this is just transparency so that American citizens 
can know exactly what's going on.
  Mr. GEORGE MILLER of California. In reclaiming my time, I understand 
transparency when it's of value. I understand transparency when it's 
directed to a specific purpose. This is transparency in the sense that 
the general knowledge of these wages is a matter of public record, as 
your salary and my salary are a matter of public record.
  When you get it all compiled, then what are you going to do--send out 
notices to everybody in the United States as to where this resides and 
how they can get ahold of it? Put it online? That's what you're going 
to spend your money doing? It's already available. They can look up 
somebody in the Department of Education at any time.
  Mr. BROUN of Georgia. Will the gentleman yield?
  Mr. GEORGE MILLER of California. I would be happy to yield to the 
gentleman.
  Mr. BROUN of Georgia. Thank you. I appreciate it.
  The purpose is, as we consolidate programs, we have all of these 
employees in the Department of Education who are going to lose a lot of 
their function. As we do so, particularly with sequestration and with 
the scarce dollars in the Federal Government across the board, we need 
to know who is doing what and what they're being paid and what they're 
being paid for.
  Mr. GEORGE MILLER of California. In reclaiming my time, why doesn't 
the Appropriations just tell the Congress the results of sequestration? 
They're involved in sequestration every day. Why don't they just file a 
report and tell the Congress and tell the public and put out a press 
release and tell the people, ``This is what happened''? Why do you have 
to mandate all of this sort of ``make work''? I thought the purpose was 
to try to eliminate unnecessary work for people.
  Mr. BROUN of Georgia. Will the gentleman yield?
  Mr. GEORGE MILLER of California. The gentleman has time remaining, 
and I don't have much time.
  I would just say that, again, this really doesn't address the major 
concerns underlying this bill, and that is that this bill continues to 
let students down and that this amendment does nothing to ensure that 
students graduate from high school.
  If you want to talk about serious transparency in this bill, students 
with disabilities become invisible in terms of the accountability by 
school districts as to how they're doing with their education and if 
education has been offered to them and if they've had a chance at 
assessment so they can demonstrate what they've learned. This 
legislation doesn't do that, and this amendment doesn't help that in 
terms of transparency.
  It's some mindless transparency about the wages of government 
officials that's already transparent and all a matter of public record. 
It doesn't do anything about what the impact is of sequestration on the 
poorest schools in some of the poorest districts in the country--in 
trying to educate some of the poorest kids in this country, kids who 
need those additional resources. This bill grinds away on those, and 
this amendment doesn't change it.
  This amendment doesn't change the block grants that now allow money 
to leave the public sector, to leave public schools that are in 
desperate need of these resources--taking care of the title I students 
and schools--and then send that off to the private sector.
  So the transparency here is all wrong. The real transparency is what 
this legislation does, and the American people ought to understand how 
damaging this is to our local schools all across this country and how 
exceptionally damaging this legislation is to the poorest schools in 
our country and in our States and to the students who are going to 
those schools and who are trying to achieve a first-class education. 
That opportunity is being denied to them under this legislation.
  I yield back the balance of my time.
  Mr. BROUN of Georgia. Mr. Chairman, I inquire as to how much time I 
have left.
  The Acting CHAIR. The gentleman has 2 minutes remaining.
  Mr. BROUN of Georgia. I yield 1 minute to my friend from Indiana (Mr. 
Rokita).
  Mr. ROKITA. I thank the gentleman for his amendment, and I rise in 
strong support of this amendment.
  Mr. Chairman, this is an authorizing bill. This is the appropriate 
place to have this language and this discussion. In fact, it builds on 
language that is already in the bill. Of course, during the 
appropriations process, it is also a good time to have this discussion.
  It strikes me that, if those entrusted to manage our Federal 
Government had effectively managed their resources, maybe something 
like sequestration, itself, wouldn't have alarmed so many of them. This 
amendment certainly wouldn't be necessary if there were responsible 
management of the bureaucracy. Manage your resources responsibly or 
Congress will have to. That's simply what this amendment does.
  Mr. BROUN of Georgia. Mr. Chairman, I was interested in my good 
friend from California's comments.
  He just very openly displayed the difference in philosophies between 
my friends on the other side and of many of us on this side, and that's 
a difference of opinion. My friends on the other side seem to think 
that the Federal Government needs to direct and be involved in 
everything with regard to human endeavor, though, constitutionally, we 
don't have the authority to do that.
  This is an amendment that just asks for transparency so that, 
hopefully, we, the people across this country, can see who is doing 
what within the Department of Education. It just opens up the 
opportunity so that, as we do consolidate the various programs within 
the Department, we can see what the bureaucrats within the Department 
are being paid and what they're doing for that amount of money that 
they're receiving out of the Federal Treasury. We all need to be held 
accountable, we all need to be held responsible, and this is just a 
means of just--not adding work.
  The gentleman said it's a ``do nothing'' amendment. He should support 
it then if it's a ``do nothing'' amendment. I don't understand why he 
so objects to it, and I hope that he will change his mind and support 
it. I have tremendous respect for my friend. I consider him a good 
friend. He has been a great Member of Congress, and he has fought very 
hard for his philosophy. Our philosophies just seem to be a little bit 
different.
  I encourage all Members to support this transparency amendment, and I 
yield back the balance of my time.

[[Page H4722]]

  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Broun).
  The amendment was agreed to.
  Mr. ROKITA. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Amodei) having assumed the chair, Mr. Hultgren, Acting Chair of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 5) to 
support State and local accountability for public education, protect 
State and local authority, inform parents of the performance of their 
children's schools, and for other purposes, had come to no resolution 
thereon.

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