[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.
____________________