[Congressional Record Volume 161, Number 34 (Friday, February 27, 2015)]
[House]
[Pages H1393-H1483]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STUDENT SUCCESS ACT
The SPEAKER pro tempore. Pursuant to House Resolution 125 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 5.
Will the gentleman from Kansas (Mr. Yoder) kindly take the chair.
{time} 1207
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 further 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. Yoder of Kansas (Acting Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose on Thursday,
February 26, 2015, a request for a recorded vote on amendment No. 41
printed in part B of House Report 114-29 by the gentleman from Colorado
(Mr. Polis) had been postponed.
The Chair understands that amendment No. 42 will not be offered.
Amendment No. 43 Offered by Mr. Thompson of Mississippi
The Acting CHAIR (Mrs. Black). It is now in order to consider
amendment No. 43 printed in part B of House Report 114-29.
Mr. THOMPSON of Mississippi. Madam 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 620, after line 8, insert the following:
SEC. 802. DELAY OF EFFECTIVE DATE.
Notwithstanding any other provision of this Act or the
amendments made by this Act, this Act, and the amendments
made by this Act, shall not take effect until the Secretary
of Education--
(1) determines that the enactment of this Act, and the
amendments made by this Act, will not decrease the college
and career readiness of students who are racial or ethnic
minority, students with disabilities, English learners, and
low-income students; and
(2) provides written notification to Congress on such
determination.
The Acting CHAIR. Pursuant to House Resolution 125, the gentleman
from Mississippi (Mr. Thompson) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman.
Mr. THOMPSON of Mississippi. Madam Chair, the Thompson amendment to
the Student Success Act is a commonsense amendment that ensures
millions of poor, minority, and disadvantaged students will not be
overlooked in the chaos that emanates from this rewrite of our
educational policy.
Madam Chair, education is a civil right. Rather than develop quality
standards that improve and enhance our system of education, this body
has overlooked the harmful effects of H.R. 5 on funding and equal
opportunity for millions of our students.
H.R. 5 removes strong accountability provisions required to make sure
that children who need the most help will
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actually get help. It is morally unacceptable and extraordinarily
expensive to have 14.7 million poor children in our country, 6.5
million of them living at less than half the poverty level. All of
these children exceed the combined residents in all 50 State capitals
and the District of Columbia. The Thompson amendment protects these
populations from discrimination.
The Student Success Act has failed to set standards that ensure
vulnerable minority and disadvantaged students will be able to obtain a
high school diploma. Our Nation has demonstrated the need for Federal
action that forces States to care about the achievement of vulnerable
communities. More specifically, in Black communities, the legacy and
commitment to education stems from the days of slavery when Blacks
learned to read in secret and at risk to their own lives. Even 50 years
after Brown v. Board of Education, these communities and schools are
still very much segregated. However, the concentration of poverty has
become more exacerbated. Research has shown that school districts spend
$733 per pupil less at schools that were 90 percent minority compared
to the schools that were 90 percent White.
The task before this Chamber is to improve our broken system of
education. We must right the wrongs of past education legislation and
insert accountability for the learning of historically underserved
students. If the goal of H.R. 5 truly is to improve our educational
system for vulnerable students and increase their college readiness and
career skills set, this amendment should be a no-brainer.
The Thompson amendment is simple. It directs the Secretary of
Education to certify that this law will not adversely impact
minorities, students with disabilities, English learners, and students
with low income.
My colleagues on the other side of the aisle claim that H.R. 5 will
improve outcomes for poor, minority, and disadvantaged students. If so,
then a Secretarial determination of this positive impact should be
something every Member of this body can support.
Madam Chair, I urge my colleagues to support amendment 43, and I
reserve the balance of my time.
Mr. KLINE. Madam Chair, I rise in opposition to the gentleman's
amendment.
The Acting CHAIR. The gentleman from Minnesota is recognized for 5
minutes.
Mr. KLINE. Madam Chair, I do want to thank the gentleman from
Mississippi for bringing this amendment forward, although I do oppose
it.
The Student Success Act, the underlying bill, requires--requires--
States and school districts to establish academic standards consistent
with current law and requires States to establish statewide
accountability systems that result in students being prepared for
postsecondary education or the workforce when they graduate high
school.
The proper role of the Federal Government, Madam Chair, is to support
and empower State and local innovation so that education leaders are
better equipped to meet the needs of our most vulnerable students. It
is back to the fundamental question of who do we trust here. We believe
very strongly that parents, teachers, principals, superintendents,
school boards, and States have a much better understanding of the needs
of their students--and this is about students--than Washington does.
I urge my colleagues to oppose the Thompson amendment and support the
underlying bill.
I reserve the balance of my time.
{time} 1215
Mr. THOMPSON of Mississippi. Madam Chair, in taking from the comments
from the speaker in opposition, you want the States to certify, but you
want the Federal Government to provide the money.
What we are saying is, if the Federal Government is providing the
money, then they should have some oversight as to the overall standards
that are adhered to by the program.
What my amendment simply does is to say that the Secretary of
Education has a responsibility to certify that all students will be
provided the proper education and other things afforded this act. It is
about the certification, and before we spend any money, we have to do
that.
If the State certifies to the Secretary, then that is fine; but if we
are saying, as I understand the opposition to this amendment, that we
are going to leave that certification to the States without any
oversight from the Federal Government--all they want is our money--then
that is a poor way to run government.
Madam Chair, I ask for support of the amendment, and I yield back the
balance of my time.
Mr. KLINE. Madam Chair, I think the gentleman has underscored the
very issue we are talking about.
What we have now under current law is the Secretary of Education's
deciding what the Secretary of Education likes or doesn't like, what to
certify or not to certify, whether to give away or not to give away,
whether to provide money or not to provide money.
We believe, with the language that is in the underlying bill of
giving the authority and the responsibility to the States and requiring
them to establish standards and assessments to those standards that
meet their needs, that you will get a much better result than what we
have seen now in year after year after year with the current law, No
Child Left Behind, which we have been living under. Republicans and
Democrats all agree that No Child Left Behind is not working and must
be replaced.
We want to put our faith--we want to put our trust--in the people
closest to the students. That is what this legislation is about. That
is what this debate is about. Again, I urge my colleagues to oppose the
gentleman's amendment and to support 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 Mississippi (Mr. Thompson).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. THOMPSON of Mississippi. Madam 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 Mississippi
will be postponed.
Amendment No. 44 Offered by Mr. Scott of Virginia
The Acting CHAIR. It is now in order to consider amendment No. 44
printed in part B of House Report 114-29.
Mr. SCOTT of Virginia. Madam 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:
Strike the text and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Success Act''.
SEC. 2. 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. 3. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. References.
Sec. 3. Table of contents.
TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
Sec. 101. Statement of purpose.
Sec. 102. Authorization of appropriations.
Sec. 103. State plans.
Sec. 104. Eligible school attendance areas.
Sec. 105. Academic assessment and local educational agency and school
improvement; school support and recognition.
Sec. 106. Parental involvement.
Sec. 107. Paraprofessionals.
Sec. 108. Comparable allocation of expenditures.
Sec. 109. Coordination requirements.
Sec. 110. Treatment of the outlying areas and Bureau of Indian
Education Schools.
Sec. 111. Support for high-quality assessments.
Sec. 112. State agency programs.
Sec. 113. Foster Youth.
Sec. 114. School dropout prevention.
TITLE II--TEACHERS AND LEADERS
Sec. 201. Great teachers and leaders.
Sec. 202. HEA conforming amendments.
TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND
IMMIGRANT STUDENTS
Sec. 301. Language instruction.
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TITLE IV--21ST CENTURY SCHOOLS
Sec. 401. 21st Century schools.
TITLE V--WELL-ROUNDED STUDENTS AND ENGAGED FAMILIES
Subtitle A--Public Charter Schools
Sec. 501. Subpart heading; Purpose.
Sec. 502. Program authorized.
Sec. 503. Grants to support high-quality charter schools.
Sec. 504. Facilities Financing Assistance.
Sec. 505. National activities.
Sec. 506. Records transfer.
Sec. 507. Definitions.
Sec. 508. Authorization of appropriations.
Sec. 509. Conforming amendments.
Subtitle B--Magnet Schools
Sec. 510. Duration of award; accountability.
Sec. 511. Authorization of appropriations; reservation.
Subtitle C--Fund for the Improvement of Education
Sec. 512. Fund for the Improvement of Education.
Subtitle D--Family Engagement in Education Programs
Sec. 521. Family engagement in education programs.
Subtitle E--Fast Track to College
Sec. 531. Short title.
Sec. 532. Purpose.
Sec. 533. Definitions.
Sec. 534. Authorization of appropriations; reservations.
Sec. 535. Authorized program.
Sec. 536. Uses of funds.
Sec. 537. Application.
Sec. 538. Peer review.
Sec. 539. Grants to States.
Sec. 540. Reporting and oversight.
Sec. 541. Rules of construction.
TITLE VI--FLEXIBILITY AND ACCOUNTABILITY
Sec. 601. Flexibility and accountability.
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Sec. 701. In general.
Subtitle A--Indian Education
Sec. 711. Purpose.
Part 1--Formula Grants to Local Educational Agencies
Sec. 721. Formula grant purpose.
Sec. 722. Grants to local educational agencies, tribes, and indian
organizations.
Sec. 723. Amount of grants.
Sec. 724. Applications.
Sec. 725. Authorized services and activities.
Sec. 726. Student eligibility forms.
Sec. 727. Technical assistance.
Sec. 728. Improvement of educational opportunities for Indian children.
Part 2--Special Programs and Projects to Improve Educational
Opportunities for Indian Children
Sec. 731. Professional development for teachers and education
professionals.
Part 3--National Activities
Sec. 741. National activities.
Sec. 742. Improvement of academic success for students through Native
American language.
Subtitle B--Native Hawaiian Education; Alaska Native Education
Sec. 751. Native Hawaiian education and Alaska Native education.
Sec. 752. Findings.
Sec. 753. Purposes.
Sec. 754. Native Hawaiian Education Council grant.
Sec. 755. Grant program authorized.
Sec. 756. Administrative provisions; authorization of appropriations.
Sec. 757. Definitions.
Sec. 758. Alaska Native education.
TITLE VIII--IMPACT AID
Sec. 801. Purpose.
Sec. 802. Payments relating to Federal acquisition of real property.
Sec. 803. Payments for eligible federally connected children.
Sec. 804. Policies and procedures relating to children residing on
Indian lands.
Sec. 805. Application for payments under sections 8002 and 8003.
Sec. 806. Construction.
Sec. 807. Facilities.
Sec. 808. State consideration of payments providing State aid.
Sec. 809. Administrative hearings and judicial review.
Sec. 810. Definitions.
Sec. 811. Authorization of appropriations.
Sec. 812. Conforming amendments.
TITLE IX--GENERAL PROVISIONS
Sec. 900. General amendments.
Subtitle A--Protecting Students From Sexual and Violent Predators
Sec. 901. Background checks.
Sec. 902. Conforming amendment.
Subtitle B--Evaluation Authority
Sec. 911. Evaluation authority.
Subtitle C--Keeping All Students Safe
Sec. 911. Keeping All Students Safe.
Subtitle D--Protecting Student Athletes From Concussions
Sec. 931. Protecting Student Athletes from Concussions.
TITLE X--EDUCATION FOR HOMELESS CHILDREN AND YOUTHS
Sec. 1001. Education for Homeless Children and Youths.
TITLE XI--PREKINDERGARTEN ACCESS
Subtitle A--Access to Voluntary Prekindergarten for Low- and Moderate-
Income Families
Sec. 1111. Purposes.
Sec. 1112. Definitions.
Sec. 1113. Program authorization.
Sec. 1114. Allotments and reservations of funds.
Sec. 1115. State eligibility criteria.
Sec. 1116. State applications.
Sec. 1117. State use of funds.
Sec. 1118. Additional prekindergarten services.
Sec. 1119. Performance measures and targets.
Sec. 1120. Matching requirements.
Sec. 1121. Eligible local entity applications.
Sec. 1122. Required subgrant activities.
Sec. 1123. Report and evaluation.
Sec. 1124. Prohibition of required participation or use of funds for
assessments.
Sec. 1125. Coordination with Head Start programs.
Sec. 1126. Technical assistance in program administration.
Sec. 1127. Authorization of appropriations.
Subtitle B--Prekindergarten Development Grants
Sec. 1151. Prekindergarten development grants.
TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
SEC. 101. STATEMENT OF PURPOSE.
Section 1001 (20 U.S.C. 6301) is amended to read as
follows:
``SEC. 1001. STATEMENT OF PURPOSE.
``The purpose of this title is to ensure that all children
have a fair, equal, and significant opportunity to obtain a
high-quality education and to graduate ready to succeed in
college and the workforce by--
``(1) meeting the educational needs of low-achieving
children in our Nation's highest-poverty schools, English
learners, migrant children, children with disabilities,
Indian children, and neglected or delinquent children;
``(2) ensuring high-quality college and career ready
standards, academic assessments, accountability systems,
teacher and school leader preparation and training,
curriculum, and instructional materials are developed and
implemented to prepare students to compete in the global
economy;
``(3) closing the achievement gap between high- and low-
performing children, especially between minority and
nonminority students and between disadvantaged children and
their more advantaged peers;
``(4) holding schools, local educational agencies, and
States accountable for improving the academic achievement for
all students including the mastery of content knowledge and
the ability to think critically, solve problems, and
communicate effectively, ensuring all students graduate ready
to succeed in college and the workforce;
``(5) distributing and targeting resources to support local
educational agencies and schools with the greatest needs to
close the educational opportunity gap between low-income
students and their more affluent peers;
``(6) improving and maintaining accountability for student
achievement, graduation rates, and resource equity while
increasing local flexibility and authority to improve
schools; and
``(7) ensuring parents have substantial and meaningful
opportunities to participate in the education of their
children.''.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
Section 1002 (20 U.S.C. 6302) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Local Educational Agency Grants.--For the purpose of
carrying out part A, there are authorized to be appropriated
$30,000,000,000 for fiscal year 2016 and such sums as may be
necessary for each of the 5 succeeding fiscal years.'';
(2) in subsection (c)--
(A) by striking ``$410,000,000'' and inserting
``$500,000,000''; and
(B) by striking ``2002'' and inserting ``2016''; and
(3) in subsection (d)--
(A) by striking ``$50,000,000'' and inserting
``$55,000,000''; and
(B) by striking ``2002'' and inserting ``2016''.
SEC. 103. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended to read as
follows:
``SEC. 1111. STATE PLAN.
``(a) Plans Required.--
``(1) In general.--For any State desiring to receive a
grant under this part, the State educational agency shall
submit to the Secretary a plan, developed by the State
educational agency, in consultation with representatives of
local educational agencies, teachers, school leaders,
specialized instructional support personnel, early childhood
education providers, parents, community organizations,
communities representing underserved populations, and Indian
tribes, that satisfies the requirements of this section, and
that is coordinated with other programs of this Act, the
Individuals with Disabilities Education Act, the Carl D.
Perkins Career and Technical Education Act of 2006, the Head
Start Act, the Adult Education and Family Literacy Act, and
the McKinney-Vento Homeless Assistance Act.
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``(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as a part of a consolidated
plan under section 9302.
``(b) College and Career Ready Content Standards,
Assessments, and Achievement Standards.--
``(1) General requirements.--Each State plan shall include
evidence that the State's college and career ready content
standards, assessments, and achievement standards under this
subsection are--
``(A) vertically aligned from kindergarten through grade
12; and
``(B) developed and implemented to ensure that proficiency
in the content standards will signify that a student is on-
track to graduate prepared for--
``(i) according to written affirmation from the State's
public institutions of higher education, placement in credit-
bearing, nonremedial courses at the 2-and 4-year public
institutions of higher education in the State; and
``(ii) success on relevant State career and technical
education standards.
``(2) College and career ready content standards.--
``(A) In general.--Each State plan shall demonstrate that,
not later than the 2015-2016 school year the State
educational agency will adopt and implement high-quality,
college and career ready content standards that comply with
this paragraph.
``(B) Subjects.--The State educational agency shall have
such high-quality, academic content standards for students in
kindergarten through grade 12 for, at a minimum, English
language arts, math, and science.
``(C) Elements.--College and career ready content standards
under this paragraph shall--
``(i) be developed through participation in a State-led
process that engages--
``(I) kindergarten through-grade-12 education experts
(including teachers and school leaders); and
``(II) representatives of institutions of higher education,
the business community, and the early learning community;
``(ii) be rigorous, internationally benchmarked, and
evidence-based, requiring students to demonstrate the ability
to think critically, solve problems, and communicate
effectively;
``(iii) be either--
``(I) validated, including through written affirmation from
the State's public institutions of higher education, to
ensure that proficiency in the content standards will signify
that a student is on-track to graduate prepared for--
``(aa) placement in credit-bearing, nonremedial courses at
the 2-and 4-year public institutions of higher education in
the State; and
``(bb) success on relevant State career and technical
education standards; or
``(II) State-developed and voluntarily adopted by a
significant number of States;
``(iv) for standards from kindergarten through grade 3,
reflect progression in how children develop and learn the
requisite skills and content from earlier grades (including
preschool) to later grades; and
``(v) apply to all schools and students in the State.
``(D) English language proficiency standards.--Each State
educational agency shall develop and implement statewide,
high-quality English language proficiency standards that--
``(i) are aligned with the State's academic content
standards;
``(ii) reflect the academic language that is required for
success on the State educational agency's academic content
assessments;
``(iii) predict success on the applicable grade level
English language arts content assessment;
``(iv) ensure proficiency in each of the domains of
speaking, listening, reading, and writing in the appropriate
amount of time; and
``(v) address the different proficiency levels of English
learners.
``(E) Early learning standards.--The State educational
agency shall, in collaboration with the State agencies
responsible for overseeing early care and education programs
and the State early care and education advisory council,
develop and implement early learning standards across all
major domains of development for preschoolers that--
``(i) demonstrate alignment with the State academic content
standards;
``(ii) are implemented through dissemination, training, and
other means to applicable early care and education programs;
``(iii) reflect research and evidence-based developmental
and learning expectations;
``(iv) inform teaching practices and professional
development and services; and
``(v) for preschool age children, appropriately assist in
the transition to kindergarten.
``(F) Assurance.--Each State plan shall include an
assurance that the State has implemented the same content
standards for all students in the same grade and does not
have a policy of using different content standards for any
student subgroup.
``(3) High-quality assessments.--
``(A) In general.--Each State plan shall demonstrate that
the State educational agency will adopt and implement high-
quality assessments in English language arts, math, and
science not later than the 2016-2017 school year that comply
with this paragraph.
``(B) Elements.--Such assessments shall--
``(i) be valid, reliable, appropriate, and of adequate
technical quality for each purpose required under this Act,
and be consistent with relevant, nationally recognized
professional and technical standards;
``(ii) measure the knowledge and skills necessary to
demonstrate proficiency in the academic content standards
under paragraph (2) for the grade in which the student is
enrolled;
``(iii) be developed as part of a system of assessments
providing data (including individual student achievement data
and individual student growth data), that shall be used to
improve teaching, learning, and program outcomes;
``(iv) be used in determining the performance of each local
educational agency and school in the State in accordance with
the State's accountability system under subsection (c);
``(v) provide an accurate measure of--
``(I) student achievement at all levels of student
performance; and
``(II) student academic growth;
``(vi) allow for complex demonstrations or applications of
knowledge and skills including the ability to think
critically, solve problems, and communicate effectively;
``(vii) be accessible for all students, including students
with disabilities and English learners, by--
``(I) incorporating principles of universal design as
defined by section 3(a) of the Assistive Technology Act of
1998 (29 U.S.C. 3002(a)); and
``(II) being interoperable when using any digital
assessment, such as computer-based and online assessments;
``(viii) provide for accommodations, including for
computer-based and online assessments, for students with
disabilities and English learners to provide a valid and
reliable measure of such students' achievement;
``(ix) produce individual student interpretive,
descriptive, and diagnostic reports that allow parents,
teachers, and school leaders to understand and address the
specific academic needs of students, and include information
regarding achievement on academic assessments, 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; and
``(x) may be partially delivered in the form of portfolios,
projects, or extended performance tasks as long as such
assessments meet the requirements of this subsection.
``(C) Administration.--Such assessments shall--
``(i) be administered to all students, including all
subgroups described in subsection (c)(3)(A), in the same
grade level for each content area assessed, except as
provided under subparagraph (E), through--
``(I) a single summative assessment each school year; or
``(II) multiple statewide assessments over the course of
the school year that result in a single summative score that
provides valid, reliable, and transparent information on
student achievement for each tested content area in each
grade level;
``(ii) for English language arts and math--
``(I) be administered annually, at a minimum, for students
in grade 3 through grade 8; and
``(II) be administered at least once, but not earlier than
11th grade for students in grades 9 through grade 12; and
``(iii) for science, be administered at least once during
grades 3 through 5, grades 6 through 8, and grades 9 through
12.
``(D) Native language assessments.--Each State educational
agency with at least 10,000 English learners, at least 25
percent of which speak the same language that is not English,
shall adopt and implement native language assessments for
that language consistent with State law. Such assessments
shall be for students--
``(i) for whom the academic assessment in the student's
native language would likely yield more accurate and reliable
information about such student's content knowledge;
``(ii) who are literate in the native language and have
received formal education in such language; or
``(iii) who are enrolled in a bilingual or dual language
program and the native language assessment is consistent with
such program's language of instruction.
``(E) Alternate assessments for students with the most
significant cognitive disabilities.--In the case of a State
educational agency that adopts alternate achievement
standards for students with the most significant cognitive
disabilities described in paragraph (4)(D), the State shall
adopt and implement high-quality statewide alternate
assessments aligned to such alternate achievement standards
that meet the requirements of subparagraphs (B) and (C), so
long as the State ensures that in the State the total number
of students in each grade level assessed in each subject does
not exceed the cap established under subsection
(c)(3)(E)(iii)(II).
``(F) English language proficiency assessments.--Each State
educational agency shall adopt and implement statewide
English language proficiency assessments that--
``(i) are administered annually and aligned with the
State's English language proficiency standards and academic
content standards;
``(ii) are accessible, valid, and reliable;
[[Page H1397]]
``(iii) measure proficiency in reading, listening,
speaking, and writing in English both individually and
collectively;
``(iv) assess progress and growth on language and content
acquisition; and
``(v) allow for the local educational agency to retest a
student in the individual domain areas that the student did
not pass, unless the student is newly entering a school in
the State, or is in the third, fifth, or eighth grades.
``(G) Special rule with respect to bureau funded schools.--
In determining the assessments to be used by each school
operated or funded by the Department of the Interior's Bureau
of Indian Education receiving funds under this part, the
following shall apply:
``(i) Each such school that is accredited by the State in
which it is operating shall use the assessments the State has
developed and implemented to meet the requirements of this
section, or such other appropriate assessment as approved by
the Secretary of the Interior.
``(ii) Each such school that is accredited by a regional
accrediting organization shall adopt an appropriate
assessment, in consultation with and with the approval of,
the Secretary of the Interior and consistent with assessments
adopted by other schools in the same State or region, that
meets the requirements of this section.
``(iii) Each such school that is accredited by a tribal
accrediting agency or tribal division of education shall use
an assessment developed by such agency or division, except
that the Secretary of the Interior shall ensure that such
assessment meets the requirements of this section.
``(H) Assurance.--Each State plan shall include an
assurance that the State educational agency will take steps
to ensure that the State assessment system, which includes
all statewide assessments and local assessments is
coordinated and streamlined to eliminate duplication of
assessment purposes, practices, and use.
``(I) Accommodations.--Each State plan shall--
``(i) describe the accommodations for English learners and
students with disabilities on the assessments used by the
State which may include accommodations such as text-to-speech
technology or read aloud, braille, large print, calculator,
speech-to-text technology or scribe, extended time, and
frequent breaks;
``(ii) include evidence of the effectiveness of such
accommodations in maintaining valid results for the
appropriate population; and
``(iii) include evidence that such accommodations do not
change the construct intended to be measured by the
assessment or the meaning of the resulting scores.
``(J) Adaptive assessments.--In the case of a State
educational agency that develops and administers computer
adaptive assessments, such assessments shall meet the
requirements of this paragraph, and must measure, at a
minimum, each student's academic proficiency against the
State's content standards as described in paragraph (2) for
the grade in which the student is enrolled.
``(4) College and career ready achievement and growth
standards.--
``(A) In general.--Each State plan shall demonstrate that
the State will adopt and implement college and career ready
achievement standards in English language arts, math, and
science by the 2015-2016 school year that comply with this
paragraph.
``(B) Elements.--Such academic achievement standards shall
establish at a minimum, 3 levels of student achievement that
describe how well a student is demonstrating proficiency in
the State's academic content standards that differentiate
levels of performance to--
``(i) describe 2 levels of high achievement (on-target and
advanced) that indicate, at a minimum, that a student is
proficient in the academic content standards under paragraph
(2) as measured by the performance on assessments under
paragraph (3); and
``(ii) describe a third level of achievement (catch-up)
that provides information about the progress of a student
toward becoming proficient in the academic content standards
under paragraph (2) as measured by the performance on
assessments under paragraph (3).
``(C) Vertical alignment.--Such achievement standards are
vertically aligned to ensure a student who achieves at the
on-target or advanced levels under subparagraph (B)(i)
signifies that student is on-track to graduate prepared for--
``(i) placement in credit-bearing, nonremedial courses at
the 2- and 4-year public institutions of higher education in
the State; and
``(ii) success on relevant State career and technical
education standards.
``(D) Alternate achievement standards.--If a State
educational agency adopts alternate achievement standards for
students with the most significant cognitive disabilities,
such academic achievement standards shall establish, at a
minimum, 3 levels of student achievement that describe how
well a student is demonstrating proficiency in the State's
academic content standards that--
``(i) are aligned to the State's college and career ready
content standards under paragraph (2);
``(ii) are vertically aligned to ensure that a student who
achieves at the on-target or advanced level under clause
(v)(I) signifies that the student is on-track to access a
postsecondary education or competitive integrated employment;
``(ii) reflect concepts and skills that students should
know and understand for each grade;
``(iv) are supported by evidence-based learning
progressions to age and grade-level performance; and
``(v) establish, at a minimum--
``(I) 2 levels of high achievement (on-target and advanced)
that indicate, at a minimum, that a student with the most
significant cognitive disabilities is proficient in the
academic content standards under paragraph (2) as measured by
the performance on assessments under paragraph (3)(E); and
``(II) a third level of achievement (catch-up) that
provides information about the progress of a student with the
most significant cognitive disabilities toward becoming
proficient in the academic content standards under paragraph
(2) as measured by the performance on assessments under
paragraph (3)(E).
``(E) Student growth standards.--Each State plan shall
demonstrate that the State will adopt and implement student
growth standards for students in the assessed grades that
comply with this subparagraph, as follows:
``(i) On-target and advanced levels.--For a student who is
achieving at the on-target or advanced level of achievement,
the student growth standard is not less than the rate of
academic growth necessary for the student to remain at that
level of student achievement for not less than 3 years.
``(ii) Catch-up level.--For a student who is achieving at
the catch-up level of achievement, the student growth
standard is not less than the rate of academic growth
necessary for the student to achieve an on-target level of
achievement within 3 or 4 years, as determined by the State.
``(F) Prohibition.--A State may not establish alternate or
modified achievement standards for any subgroup of students,
except as provided under subparagraph (D).
``(5) Rule of construction.--Nothing in paragraph (3) shall
be construed to prescribe the use of the academic assessments
established pursuant to such paragraph for student promotion
or graduation purposes.
``(c) Accountability and School Improvement System.--The
State plan shall demonstrate that not later than the 2016 -
2017 school year, the State educational agency, in
consultation with representatives of local educational
agencies, teachers, school leaders, parents, community
organizations, communities representing underserved
populations and Indian tribes, has developed a single
statewide accountability and school improvement system (in
this subsection known as the `accountability system') that
ensures all students have the knowledge and skills to
successfully enter the workforce or postsecondary education
without the need for remediation by complying with this
subsection as follows:
``(1) Elements.--Each State accountability system shall, at
a minimum--
``(A) annually measure academic achievement for all
students, including each subgroup described in paragraph
(3)(A), in each public school, including each charter school,
in the State, including--
``(i) student academic achievement in accordance with the
academic achievement standards described in subsection
(b)(4);
``(ii) student growth in accordance with the student growth
standards described in subsection (b)(4)(E); and
``(iii) graduation rates in diploma granting schools;
``(B) set clear performance and growth targets in
accordance with paragraph (2) to improve the academic
achievement of all students as measured under subparagraph
(A) of this paragraph and to close achievement gaps so that
all students graduate ready for postsecondary education and
the workforce;
``(C) establish equity indicators to diagnose school
challenges and measure school progress within the improvement
system described in section 1116, including factors to
measure, for all students and each subgroup described in
paragraph (3)(A)--
``(i) academic learning, such as--
``(I) percentage of students successfully completing
rigorous coursework that aligns with college and career ready
standards described under subsection (b)(2) such as dual
enrollment, Advanced Placement (AP) or International
Baccalaureate (IB) courses;
``(II) percentage of students enrolled in music and the
arts courses;
``(III) student success on State or local educational
agency end-of course examinations; and
``(IV) student success on performance-based assessments
that are valid, reliable and comparable across a local
educational agency and meet the requirements of paragraph
(3)(B);
``(ii) student engagement, such as--
``(I) student attendance rates;
``(II) student discipline data, including suspension and
expulsion rates;
``(III) incidents of bullying and harassment; and
``(IV) surveys of student engagement and satisfaction;
``(iii) student advancement, such as--
``(I) student on-time promotion rates;
``(II) on-time credit accumulation rates;
``(III) course failure rates; and
``(IV) post-secondary and workforce entry rates;
``(iv) student health and wellness;
``(v) student access to instructional quality, such as--
[[Page H1398]]
``(I) number of qualified teachers and paraprofessionals;
``(II) number of specialized instructional support
personnel;
``(III) instructional personnel attendance, vacancies, and
turnover; and
``(IV) rates of effective teachers and principals, as
determined by the State or local educational agency;
``(vi) school climate and conditions for student success,
such as--
``(I) the availability of up-to-date instructional
materials, technology, and supplies;
``(II) measures of school safety; and
``(III) the condition of school facilities; including
accounting for well-equipped instructional spaces; and
``(vii) family and community engagement in education;
``(D) annually differentiate all public schools, including
public charter schools, based on--
``(i) the achievement measured under subparagraph (A);
``(ii) whether the school meets the performance and growth
targets set under paragraph (2); and
``(iii) to a lesser extent than each of the factors
described in clauses (i) and (ii), data on the State-
established equity indicators, as described in subparagraph
(C); and
``(E) identify, after using the differentiation described
in subparagraph (D), for the purposes under section 1116--
``(i) high priority schools that--
``(I) according to the State-established parameters
described in 1116(a)(2), have the lowest performance in the
local educational agency and the State using current and
prior year academic achievement, growth, and graduation rate
data as described in subparagraph (A) and data on the state-
established equity indicators described in subparagraph (C);
or
``(II) as of the date of enactment of the Student Success
Act, have been identified under 1003(g); and
``(ii) schools in need of support that--
``(I) have not met one or more of the performance targets
set under paragraph (2) for any subgroup described in
paragraph (3)(A) in the same grade level and subject, for two
consecutive years; or
``(II) at the discretion of the State, are identified for
support using data on equity indicators established under
paragraph (1)(C); and
``(iii) distinguished schools that have--
``(I) the highest performance in the State for all students
and student subgroups described in paragraph (3)(A); or
``(II) made the most progress over at least the most recent
2-year period in the State in increasing student academic
achievement and graduation rates for all students and student
subgroups described in paragraph (3)(A); and
``(III) made significant progress in overcoming school
challenges identified using the State-established equity
indicators, as described in subparagraph (C).
``(2) Goals and targets.--
``(A) In general.--Each State educational agency shall
establish goals and targets for the State accountability and
school improvement system that comply with this paragraph.
Such targets shall be established separately for all
elementary school and secondary school students, economically
disadvantaged students, students from major racial and ethnic
groups, students with disabilities, and English learners and
expect accelerated academic gains from subgroups who are the
farthest away from college and career-readiness as determined
by annual academic achievement measures described in
paragraph (1)(A).
``(B) Achievement goals.--Each State educational agency
shall set multi-year goals that are consistent with the
academic and growth achievement standards under subsection
(b)(4) to ensure that all students graduate prepared to enter
the workforce or postsecondary education without the need for
remediation.
``(C) Performance targets.--Each State educational agency
shall set ambitious, but achievable annual performance
targets separately for each subgroup of students described in
paragraph (3)(A), for local educational agencies and schools,
for each grade level and in English language arts and math
that reflect the progress required for all students and each
subgroup of students described in paragraph (3)(A) to meet
the State-determined goals as required under subparagraph
(B), as approved by the Secretary.
``(D) Growth targets.--Each State educational agency shall
set ambitious but achievable growth targets that--
``(i) assist the State in achieving the academic
achievement goals described in subparagraph (B); and
``(ii) include targets that ensure all students, including
subgroups of students described in paragraph (3)(A), meet the
growth standards described in subsection (b)(4)(E).
``(E) Graduation rate goals and targets.--
``(i) Graduation rate goals.--Each State educational agency
shall set a graduation rate goal of not less than 90 percent.
``(ii) Graduation rate targets.--Each State educational
agency shall establish graduation rate targets which shall
not be less rigorous than the targets approved under section
200.19 of title 34, Code of Federal Regulations (or a
successor regulation) and shall be designed to meet the goal
described in clause (i).
``(iii) Extended-year graduation rate targets.--In the case
of a State that chooses to use an extended year graduation
rate in the accountability and school improvement system
described under this subsection, the State shall set extended
year graduation rate targets that are more rigorous than the
targets set under clause (ii) and, if applicable, are not
less rigorous than the targets approved under section 200.19
of title 34, Code of Federal Regulations (or a successor
regulation).
``(3) Fair accountability.--Each State educational agency
shall establish fair and appropriate policies and practices,
as a component of the accountability system established under
this subsection, to measure school, local educational agency,
and State performance under the accountability system that,
at a minimum, comply with this paragraph as follows:
``(A) Disaggregate.--Each State educational agency shall
disaggregate student achievement data in a manner that
complies with the State's group size requirements under
subparagraph (B) for the school's, local educational
agency's, and the State's performance on its goals and
performance targets established under paragraph (2), by each
content area and each grade level for which such goals and
targets are established, and, if applicable, by improvement
indicators described in paragraph (1)(D) for each of the
following groups:
``(i) All public elementary and secondary school students.
``(ii) Economically disadvantaged students.
``(iii) Students from major racial and ethnic groups.
``(iv) Students with disabilities.
``(v) English learners.
``(B) Subgroup size.--Each State educational agency shall
establish group size requirements for performance measurement
and reporting under the accountability system that--
``(i) is the same for all subgroups described in
subparagraph (A);
``(ii) does not exceed 15 students;
``(iii) yields statistically reliable information; and
``(iv) does not reveal personally identifiable information
about an individual student.
``(C) Participation.--Each State educational agency shall
ensure that--
``(i) not less than 95 percent of the students in each
subgroup described subparagraph (A) take the State's
assessments under subsection (b)(2); and
``(ii) any school or local educational agency that does not
comply with the requirement described in clause (i) of this
subparagraph may not be considered to have met its goals or
performance targets under paragraph (2).
``(D) Averaging.--Each State educational agency may average
achievement data with the year immediately preceding that
school year for the purpose of determining whether schools,
local educational agencies, and the State have met their
performance targets under paragraph (2).
``(E) Students with the most significant cognitive
disabilities.--
``(i) In general.--In calculating the percentage of
students scoring at the on-target levels of achievement and
the graduation rate for the purpose of determining whether
schools, local educational agencies, and the State have met
their performance targets under paragraph (2), a State shall
include all students with disabilities, even those students
with the most significant cognitive disabilities, and--
``(I) may include the on-target and advanced scores of
students with the most significant cognitive disabilities
taking alternate assessments under subsection (b)(3)(E)
provided that the number and percentage of such students who
score at the on-target or advanced level on such alternate
assessments at the local educational agency and the State
levels, respectively, does not exceed the cap established by
the Secretary under clause (iii) in the grades assessed and
subjects used under the accountability system established
under this subsection; and
``(II) solely for the purposes of calculating graduation
rates, may include students with the most significant
cognitive disabilities, who are assessed using alternate
assessments described in subsection (b)(3)(E) and who receive
a State-defined standards-based alternate diploma aligned
with the State requirements for regular secondary school
diploma and who have completed a free and appropriate public
education under the Individuals with Disabilities Education
Act, as graduating with a regular secondary school diploma,
provided that the number and percentage of those students who
receive such a State-defined standards-based alternate
diploma at the local educational agency and the State levels,
respectively, does not exceed the cap established by the
Secretary under clause (iii).
``(ii) State requirements.--If the number and percentage of
students taking alternate assessments or receiving a State-
defined standards-based alternate diploma exceeds the cap
under clause (iii) at the local educational agency or State
level, the State educational agency, in determining whether
the local educational agency or State, respectively, has met
its performance targets under paragraph (2), shall--
``(I) include all students with the most significant
cognitive disabilities;
``(II) count at the catch-up level of achievement or as not
graduating such students who exceed the cap;
[[Page H1399]]
``(III) include such students at the catch-up level of
achievement or as not graduating in each applicable subgroup
at the school, local educational agency, and State level; and
``(IV) ensure that parents are informed of the actual
academic achievement levels and graduation status of their
children with the most significant cognitive disabilities.
``(iii) Secretarial duties.--The Secretary shall establish
a cap for the purposes of this subparagraph which--
``(I) shall be based on the most recently available data
on--
``(aa) the incidence of students with the most significant
cognitive disabilities;
``(bb) the participation rates, including by disability
category, on alternate assessments using alternate
achievement standards pursuant to subsection (b)(3)(E);
``(cc) the percentage of students, including by disability
category, scoring at each achievement level on such alternate
assessments; and
``(dd) other factors the Secretary deems necessary; and
``(II) may not exceed 1 percent of all students in the
combined grades assessed.
``(4) Transition provisions.--
``(A) In general.--The Secretary shall take such steps as
necessary to provide for the orderly transition to the new
accountability and school improvement systems required under
this subsection from prior accountability and school
improvement systems in existence on the day before the date
of enactment of the Student Success Act.
``(B) Transition.--To enable the successful transition
described in this paragraph, each State educational agency
receiving funds under this part shall--
``(i) administer assessments that were in existence on the
day before the date of enactment of the Student Success Act
and beginning not later than the 2016-2017 school year,
administer high-quality assessments described in subsection
(b)(3);
``(ii) report student performance on the assessments
described in subparagraph (I), consistent with the
requirements under this title;
``(iii) set a new baseline for performance targets, as
described in paragraph (2)(C) and (2)(D), once new high-
quality assessments described in subsection (b)(3) are
implemented;
``(iv) implement the accountability and school improvement
requirements of sections 1111 and 1116, except--
``(I) the State shall not be required to identify new
persistently low achieving schools or schools in need of
improvement under section 1116 for 1 year after high-quality
assessments described in subsection (b)(3) have been
implemented; and
``(II) shall continue to implement school improvement
requirements of section 1116 in persistently low achieving
schools and schools in need of improvement that were
identified as such in the year prior to implementation of new
high-quality assessments; and
``(v) assist local educational agencies in providing
training and professional development on the implementation
of new college and career ready standards and high-quality
assessments.
``(C) End of transition.--The transition described in this
paragraph shall be completed by no later than 2 years from
the date of enactment of the Student Success Act.
``(d) Other Provisions to Support Teaching and Learning.--
Each State plan shall contain the following:
``(1) Descriptions.--A description of--
``(A) how the State educational agency will carry out the
responsibilities of the State under section 1116;
``(B) a plan to identify and reduce inequities in the
allocation of State and local resources, including
nonpersonnel and personnel resources consistent with the
requirements of section 1120A, between schools that are
receiving funds under this title and schools that are not
receiving such funds under this title, including--
``(i) a description of how the State will support local
educational agencies in meeting the requirements of section
1120A; and
``(ii) a description of how the State will support local
educational agencies to align plans under subparagraph (A),
efforts to improve educator supports and working conditions
described in section 2112(b)(3), and efforts to improve the
equitable distribution of teachers and principals described
in section 2112(b)(5), with efforts to improve the equitable
allocation of resources as described in this subsection;
``(C) how the State educational agency will ensure that the
results of the State assessments described in subsection
(b)(3) and the school identifications described in subsection
(c)(1), respectively, will be provided to local educational
agencies, schools, teachers, and parents promptly, 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, and in a manner that
is clear and easy to understand;
``(D) how the State educational agency will meet the
diverse learning needs of students by--
``(i) identifying and addressing State-level barriers to
implementation of universal design for learning, as described
in section 5429(b)(21), and multi-tier system of supports;
and
``(ii) developing and making available to local educational
agencies technical assistance for implementing universal
design for learning, as described in section 5429(b)(21), and
multi-tier system of supports;
``(E) for a State educational agency that adopts alternate
achievement standards for students with the most significant
cognitive disabilities under subsection (b)(4)(D)--
``(i) the clear and appropriate guidelines for
individualized education program teams to apply in
determining when a student's significant cognitive disability
justifies alternate assessment based on alternate achievement
standards, which shall include guidelines to ensure--
``(I) students with the most significant cognitive
disabilities have access to the general education curriculum
for the grade in which the student is enrolled;
``(II) participation in an alternate assessment does not
influence a student's placement in the least restrictive
environment;
``(III) determinations are made separately for each subject
and are re-determined each year during the annual
individualized education program team meeting;
``(IV) the student's mode of communication has been
identified to the extent possible and accommodated; and
``(V) parents of such students--
``(aa) give informed consent that their child's achievement
be measured against alternate achievement standards; and
``(bb) are informed of any effects of State and local
policies on the student's education resulting from
participating in this alternate assessment; and
``(VI) students with the most significant cognitive
disabilities are not precluded from attempting to complete
the requirements for a regular secondary school diploma; and
``(ii) the procedures the State educational agency will use
to ensure and monitor that individualized education program
teams implement the requirements of clause (i); and
``(iii) the plan to disseminate information on and promote
use of appropriate accommodations to increase the number of
students with the most significant cognitive disabilities who
are assessed using achievement standards described in
subparagraphs (B) and (C) of subsection (b)(4);
``(F) how the State educational agency will meet the needs
of English learners, including--
``(i) the method for identifying an English learner that
shall be used by all local educational agencies in the State;
``(ii) the entrance and exit requirements for students
enrolled in limited English proficient classes, which shall--
``(I) be based on rigorous English language standards; and
``(II) prepare such students to successfully complete the
State's assessments; and
``(iii) timelines and targets for moving students from the
lowest levels of English language proficiency to the State-
defined English proficient level, including an assurance
that--
``(I) such targets will be based on student's initial
language proficiency level when first identified as limited
English proficient and grade; and
``(II) such timelines will ensure students achieve English
proficiency by 18 years of age, unless the State has obtained
prior approval by the Secretary;
``(G) how the State educational agency will assist local
educational agencies in improving instruction in all core
academic subjects;
``(H) how the State educational agency will develop and
improve the capacity of local educational agencies to use
technology to improve instruction; and
``(I) how any State educational agency with a charter
school law will support high-quality public charter schools
that receive funds under this title by--
``(i) ensuring the quality of the authorized public
chartering agencies in the State by establishing--
``(I) a system of periodic evaluation and certification of
public chartering agencies using nationally-recognized
professional standards; or
``(II) a statewide, independent chartering agency that
meets nationally-recognized professional standards;
``(ii) including in the procedure established pursuant to
clause (i) requirements for--
``(I) the annual filing and public reporting of
independently audited financial statements including
disclosure of amount and duration of any nonpublic financial
and in-kind contributions of support, by each public
chartering agency, for each school authorized by such agency,
and by each local educational agency and the State;
``(II) the adoption and enforcement of school employee
compensation and conflict of interest guidelines for all
schools authorized, which shall include disclosure of
executive pay and affiliated parties with financial interest
in the management operations, or contractual obligations of
the school;
``(III) a legally binding charter or performance contract
between each charter school and the school's authorized
public chartering agency that--
``(aa) describes the rights, duties, and remedies of the
school and the public chartering agency; and
``(bb) bases charter renewal and revocation decisions on an
agreed-to school accountability plan which includes financial
and organizational indicators, with significant weight given
to the student achievement on the achievement goals,
performance targets, and growth targets established pursuant
to subparagraphs (B), (C), and (D) of subsection (c)(2),
respectively, for each student subgroup described in
subsection (c)(3)(A), as well as
[[Page H1400]]
``(iii) developing and implementing, in consultation and
coordination with local educational agencies, a system of
intervention, revocation, or closure for charter schools and
public chartering agencies failing to meet the requirements
and standards described in clauses (i) and (ii), which, at a
minimum provides for--
``(I) initial and regular review, no less than once every 3
years, of each public chartering agency; and
``(II) intervention, revocation, or closure of any charter
school identified for school improvement under section 1116.
``(2) Assurances.--Assurances that--
``(A) the State educational agency will participate in
biennial State academic assessments of 4th, 8th, and 12th
grade reading, mathematics, and science 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;
``(B) the State educational agency will--
``(i) notify local educational agencies and the public of
the content and student academic achievement standards and
academic assessments developed under this section, and of the
authority to operate schoolwide programs; and
``(ii) fulfill the State educational agency's
responsibilities regarding local educational agency and
school improvement under section 1116;
``(C) the State educational agency will encourage local
educational agencies to consolidate funds from other Federal,
State, and local sources for school improvement activities
under 1116 and for schoolwide programs under section 1114;
``(D) the State educational agency has modified or
eliminated 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;
``(E) that State educational agency will coordinate data
collection efforts to fulfill the requirements of this Act
and reduce the duplication of data collection to the extent
practicable;
``(F) the State educational agency will provide the least
restrictive and burdensome regulations for local educational
agencies and individual schools participating in a program
assisted under this part;
``(G) the State educational agency will inform local
educational agencies in the State of the local educational
agency's authority--
``(i) to transfer funds under title VI;
``(ii) to obtain waivers under part D of title IX; and
``(iii) if the State is an Ed-Flex Partnership State, to
obtain waivers under the Education Flexibility Partnership
Act of 1999;
``(H) the State educational agency will work with other
agencies, including educational service agencies or other
local consortia and comprehensive centers established under
the Educational Technical Assistance Act of 2002, and
institutions to provide professional development and
technical assistance to local educational agencies and
schools;
``(I) the State educational agency will ensure that local
educational agencies in the State comply with the
requirements of subtitle B of title VII of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. lll17); and
``(J) the State educational agency has engaged in timely
and meaningful consultation with representatives of Indian
tribes located in the State in the development of the State
plan to serve local educational agencies under its
jurisdiction in order to--
``(i) improve the coordination of activities under this
Act;
``(ii) meet the purpose of this title; and
``(iii) meet the unique cultural, language, and educational
needs of Indian students.
``(e) Family Engagement.--Each State plan shall include a
plan for strengthening family engagement in education. Each
such plan shall, at a minimum, include--
``(1) a description of the State's criteria and schedule
for review and approval of local educational agency
engagement policies and practices pursuant to section
1112(e)(3);
``(2) a description of the State's system and process for
assessing local educational agency implementation of section
1118 responsibilities;
``(3) a description of the State's criteria for identifying
local educational agencies that would benefit from training
and support related to family engagement in education;
``(4) a description of the State's statewide system of
capacity-building and technical assistance for local
educational agencies and schools on effectively implementing
family engagement in education practices and policies to
increase student achievement;
``(5) an assurance that the State will refer to Statewide
Family Engagement Centers, as described in section 5702,
those local educational agencies that would benefit from
training and support related to family engagement in
education; and
``(6) a description of the relationship between the State
educational agency and Statewide Family Engagement Centers,
parent training and information centers, and community parent
resource centers in the State established under sections 671
and 672 of the Individuals with Disabilities Education Act.
``(f) Peer Review and Secretarial Approval.--
``(1) Secretarial duties.--The Secretary shall--
``(A) establish a peer-review process to assist in the
review of State plans;
``(B) appoint individuals to the peer-review process who
are representative of parents, teachers, State educational
agencies, local educational agencies, and experts and who are
familiar with educational standards, assessments,
accountability, the needs of low-performing schools, and
other educational needs of students;
``(C) approve a State plan within 120 days of its
submission unless the Secretary determines that the plan does
not meet the requirements of this section;
``(D) if the Secretary determines that the State plan does
not meet the requirements of this section immediately notify
the State of such determination and the reasons for such
determination;
``(E) 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
``(F) have the authority to disapprove a State plan for not
meeting the requirements of this part, 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 content
standards or to use specific academic assessment instruments
or items.
``(2) State revisions.--A State plan shall be revised by
the State educational agency if the revision is necessary to
satisfy the requirements of this section.
``(3) Public review.--Notifications under this subsection
shall be made available to the public through the website of
the Department, including--
``(A) State plans submitted or resubmitted by a State;
``(B) peer review comments;
``(C) State plan determinations by the Secretary, including
approvals or disapprovals;
``(D) amendments or changes to State plans; and
``(E) hearings.
``(g) 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 part or 4 years, whichever is
shorter; 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 part, including
information on the progress the State has made in fulfilling
the requirements of this section.
``(2) Renewal.--A State educational agency that desires to
continue participation under this part shall submit a renewed
plan every 4 years, including information on progress the
State has made in--
``(A) implementing college- and career-ready content and
achievement standards and high-quality assessments described
in paragraph (b);
``(B) meeting its goals and performance targets described
in subsection (c)(2); and
``(C) improving the capacity and skills of teachers and
school leaders as described in section 2112.
``(2) Additional information.--If significant changes are
made to a State's plan, such as the adoption of new State
academic content standards and State student achievement
standards, new academic assessments, or new performance goals
or target, growth goals or targets, or graduation rate goals
or targets, such information shall be submitted to the
Secretary for approval.
``(h) Failure to Meet Requirements.--If a State fails to
meet any of the requirements of this section, the Secretary
may withhold funds for State administration under this part
until the Secretary determines that the State has fulfilled
those requirements.
``(i) Reports.--
``(1) Annual state report card.--
``(A) In general.--A State that receives assistance under
this part 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
and, to the extent practicable, provided in a language that
the parents can understand.
``(C) Required information.--The State shall include in its
annual State report card--
``(i) information, in the aggregate, and disaggregated and
cross-tabulated by the same major groups as the decennial
census of the population, ethnicity, gender, disability
status, migrant status, English proficiency, and status as
economically disadvantaged, except that such disaggregation
and cross-tabulation shall not be required in a case in which
the number of students in a category is insufficient to yield
statistically reliable information or the results would
reveal personally identifiable information about an
individual student on--
``(I) student achievement at each achievement level on the
State academic assessments described in subsection (b)(3),
including the most recent 2-year trend;
``(II) student growth on the State academic assessments
described in subsection (b)(3), including the most-recent 2-
year trend;
[[Page H1401]]
``(III) the four-year adjusted cohort rate, the extended-
year graduation rate (where applicable), and the graduation
rate by type of diploma, including the most recent 2-year
trend;
``(IV) data on the State established equity indicators
under subsection (c)(1)(C);
``(V) the percentage of students who did not take the State
assessments; and
``(VI) the most recent 2-year trend in student achievement
and student growth in each subject area and for each grade
level, for which assessments under this section are required;
``(ii) information that provides a comparison between the
actual achievement levels and growth of each group of
students described in subsection (c)(3)(A) and the
performance targets and growth targets in subsection (c)(2)
for each such group of students on each of the academic
assessments and for graduation rates required under this
part;
``(iii) if a State adopts alternate achievement standards
for students with the most significant cognitive
disabilities, the number and percentage of students taking
the alternate assessments and information on student
achievement at each achievement level and student growth, by
grade and subject;
``(iv) the number of students who are English learners, and
the performance of such students, on the State's English
language proficiency assessments, including the students'
attainment of, and progress toward, higher levels of English
language proficiency;
``(v) information on the performance of local educational
agencies in the State regarding school improvement, including
the number and names of each school identified for school
improvement under section 1116 and information on the
outcomes of the equity indicators outlined in section
1111(c)(1)(C);
``(vi) the professional qualifications of teachers in the
State, the percentage of such teachers teaching with
emergency or provisional credentials, and the percentage of
classes in the State not taught by qualified teachers, in the
aggregate and disaggregated by high-poverty compared to low-
poverty schools which, for the purpose of this clause, means
schools in the top quartile of poverty and the bottom
quartile of poverty in the State;
``(vii) information on teacher effectiveness, as determined
by the State, in the aggregate and disaggregated by high-
poverty compared to low-poverty schools which, for the
purpose of this clause, means schools in the top quartile of
poverty and the bottom quartile of poverty in the State;
``(viii) a clear and concise description of the State's
accountability system, including a description of the
criteria by which the State educational agency evaluates
school performance consistent with subsection (c), and the
criteria that the State educational agency has established,
consistent with section 1116(a), to determine the status of
schools with respect to school improvement; and
``(ix) outcomes related to quality charter authorizing
standards as described in subsection (d)(1)(I), including, at
a minimum, annual filing as described in subsection
(d)(1)(I)(ii)(I).
``(2) Annual local educational agency report cards.--
``(A) Report cards.--A local educational agency that
receives assistance under this part 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--
``(I) the number and percentage of schools identified for
school improvement under section 1116 and how long the
schools have been so identified; and
``(II) information that shows how students served by the
local educational agency achieved on the statewide academic
assessment compared to students in the State as a whole;
``(III) per-pupil expenditures from Federal, State, and
local sources, including personnel and nonpersonnel
resources, for each school in the local educational agency,
consistent with the requirements under section 1120A;
``(IV) the number and percentage of secondary school
students who have been removed from the 4-year adjusted
cohort by leaver code, and the number and percentage of
students from each adjusted cohort that have been enrolled in
high school for more than 4 years but have not graduated with
a regular diploma; and
``(V) information on the number of military-connected
students (students who are a dependent of a member of the
Armed Forces, including reserve components thereof) served by
the local educational agency and how such military-dependent
students achieved on the statewide academic assessment
compared to all students served by the local educational
agency; and
``(ii) in the case of a school--
``(I) whether the school has been identified for school
improvement; and
``(II) information that shows how the school's students
achievement on the statewide academic assessments and other
improvement indicators compared to students in the local
educational agency and the State as a whole.
``(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 report cards described in this
paragraph to all schools in the school district served by the
local educational agency and to all parents of students
attending those schools in an accessible, understandable, and
uniform format and, to the extent practicable, provided in a
language that the 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.
``(3) Preexisting report cards.--A State educational agency
or local educational agency that was providing public report
cards on the performance of students, schools, local
educational agencies, or the State prior to the date of
enactment of the Student Success Act may use those report
cards 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) Cost reduction.--Each State educational agency and
local educational agency receiving assistance under this part
shall, wherever possible, take steps to reduce data
collection costs and duplication of effort by obtaining the
information required under this subsection through existing
data collection efforts.
``(5) Annual state report to the secretary.--Each State
educational agency receiving assistance under this part shall
report annually to the Secretary, and make widely available
within the State--
``(A) information on the State's progress in developing and
implementing
``(i) the college and career ready standards described in
subsection (b)(2);
``(ii) the academic assessments described in subsection
(b)(3); and
``(iii) the accountability and school improvement system
described in subsection (c); and
``(B) the annual State report card under paragraph (1).
``(6) Report to congress.--The Secretary shall transmit
annually to the Committee on Education and the Workforce of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report that
provides national and State-level data on the information
collected under paragraph (5).
``(7) 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--
``(i) information on the level of achievement and growth of
the parent's child on each of the State academic assessments
and, as appropriate, other improvement indicators adopted in
accordance with this subpart; and
``(ii) timely notice that the parent's child has been
assigned, or has been taught for four or more consecutive
weeks by, a teacher who is not qualified or has been found to
be ineffective, as determined by the State or local
educational agency.
``(B) Qualifications.--At the beginning of each school
year, a local educational agency that receives funds under
this part shall notify the parents of each student attending
any school receiving funds under this part, information
regarding the professional qualifications of the student's
classroom teachers, including, at a minimum, the following:
``(i) Whether the teacher has met State qualification and
licensing criteria for the grade levels and subject areas in
which the teacher provides instruction.
``(ii) Whether the teacher is teaching under emergency or
other provisional status through which State qualification or
licensing criteria have been waived.
``(iii) Whether the teacher is currently enrolled in an
alternative certification program.
``(iv) Whether the child is provided services by
paraprofessionals or specialized instructional support
personnel and, if so, their qualifications.
``(C) Access to educational resources.--At the beginning of
each school year, a local educational agency that receives
funds under this part shall notify the parents of each
student attending any school receiving funds under this part,
of information regarding whether and to what extent schools
are meeting the equity indicators described in subsection
(c)(1)(C), including whether such schools are meeting the
needs of subgroups of students.
``(D) 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.
[[Page H1402]]
``(j) Privacy.--Information collected under this section
shall be collected and disseminated in a manner that protects
the privacy of individuals.
``(k) Technical Assistance.--The Secretary shall provide a
State educational agency, at the State educational agency's
request, technical assistance in meeting the requirements of
this section, including the provision of advice by experts in
the development of college and career ready standards, high-
quality academic assessments, and goals and targets that are
valid and reliable, and other relevant areas.
``(l) Voluntary Partnerships.--A State may enter into a
voluntary partnership with another State to develop and
implement the academic assessments and standards required
under this section.
``(m) Definitions.--In this section:
``(1) Adjusted cohort; extended-year; entering cohort;
transferred into; transferred out.--
``(A) Adjusted cohort.--Subject to subparagraph (D)(ii)
through (G), the term `adjusted cohort' means the difference
of--
``(i) the sum of--
``(I) the entering cohort; plus
``(II) any students that transferred into the cohort in any
of grades 9 through 12; minus
``(ii) any students that are removed from the cohort as
described in subparagraph (E).
``(B) Extended year.--The term `extended year' when used
with respect to a graduation rate, means the fifth or sixth
year after the school year in which the entering cohort, as
described in subparagraph (C), is established for the purpose
of calculating the adjusted cohort.
``(C) Entering cohort.--The term `entering cohort' means
the number of first-time 9th graders enrolled in a secondary
school 1 month after the start of the secondary school's
academic year.
``(D) Transferred into.--The term `transferred into' when
used with respect to a secondary school student, means a
student who--
``(i) was a first-time 9th grader during the same school
year as the entering cohort; and
``(ii) enrolls after the entering cohort is calculated as
described in subparagraph (B).
``(E) Transferred out.--
``(i) In general.--The term `transferred out' when used
with respect to a secondary school student, means a student
who the secondary school or local educational agency has
confirmed has transferred to another--
``(I) school from which the student is expected to receive
a regular secondary school diploma; or
``(II) educational program from which the student is
expected to receive a regular secondary 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 cohort as a non-graduate
for reporting and accountability purposes under this section.
``(iii) Programs not providing credit.--A student enrolled
in a GED or other alternative educational program that does
not issue or provide credit toward the issuance of a regular
secondary school diploma shall not be considered transferred
out.
``(F) 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, or is deceased.
``(G) Treatment of other leavers and withdrawals.--A
student who was retained in a grade, enrolled in a GED
program, aged-out of a secondary school or secondary school
program, or left secondary school for any other reason,
including expulsion, shall not be considered transferred out,
and shall remain in the adjusted cohort.
``(H) Special rule.--For those secondary schools that start
after grade 9, the entering cohort shall be calculated 1
month after the start of the secondary school's academic year
in the earliest secondary school grade at the secondary
school.
``(2) 4-year adjusted cohort graduation rate.--The term `4-
year adjusted cohort graduation rate' means the percent
obtained by calculating the product of--
``(A) the result of--
``(i) the number of students who--
``(I) formed the adjusted cohort 4 years earlier; and
``(II) graduate in 4 years or less with a regular secondary
school diploma; divided by
``(ii) the number of students who formed the adjusted
cohort for that year's graduating class 4 years earlier;
multiplied by
``(B) 100.
``(3) Extended-year graduation rate.--The term `extended-
year graduation rate' for a school year is defined as the
percent obtained by calculating the product of the result
of--
``(A) the sum of--
``(i) the number of students who--
``(I) form the adjusted cohort for that year's graduating
class; and
``(II) graduate in an extended year with a regular
secondary school diploma; or
``(III) graduate before exceeding the age for eligibility
for a free appropriate public education (as defined in
section 602 of the Individuals with Disabilities Education
Act) under State law; divided by
``(ii) the result of--
``(I) the number of students who form the adjusted cohort
for that year's graduating class; plus
``(II) the number of students who transferred in during the
extended year defined in paragraph (1)(B), minus
``(III) students who transferred out, emigrated, or died
during the extended year defined in paragraph (1)(B);
multiplied by
``(B) 100.
``(4) Leaver code.--The term `leaver code' means a number
or series of numbers and letters assigned to a categorical
reason for why a student left the high school from which she
or he is enrolled without having earned a regular high school
diploma, except that--
``(A) an individual student with either a duplicative code
or whom has not been assigned a leaver code shall not be
removed from the cohort assigned for the purpose of
calculating the adjusted cohort graduation rate; and
``(B) the number of students with either a duplicative
leaver code or who have not been assigned a leaver code shall
be included in reporting requirements for the leaver code.
``(5) Multi-tier system of supports.--The term `multi-tier
system of supports' means a comprehensive system of
differentiated supports that includes evidence-based
instruction, universal screening, progress monitoring,
formative assessment, and research-based interventions
matched to student needs, and educational decision-making
using student outcome data.
``(6) Graduation rate.--The term `graduation rate' means a
4-year adjusted cohort graduation rate and the extended-year
graduation rate.
``(7) Regular secondary school diploma.--
``(A) The term `regular secondary school diploma' means
standard secondary school diploma awarded to the
preponderance of students in the State that is fully aligned
with the State's college and career ready achievement
standards as described under subsection (b)(4), or a higher
diploma. Such term shall not include GED's, certificates of
attendance, or any lesser diploma awards.
``(B) If a State adopts different paths to the regular
secondary school diploma, such different paths shall--
``(i) be available to all students in the State;
``(ii) be equally rigorous in their requirements; and
``(iii) signify that a student is prepared for college or a
career without the need for remediation.''.
SEC. 104. ELIGIBLE SCHOOL ATTENDANCE AREAS.
Section 1113(c)(3) (20 U.S.C. 6313(c)(3)) is amended to
read as follows:
``(3) Reservation.--
``(A) In general.--A local educational agency shall reserve
such funds as are necessary under this part to provide
services comparable to those provided to children in schools
funded under this part to serve--
``(i) homeless children who are attending any public school
served by the local educational agency, including providing
educationally related support services to children in
shelters and other locations where children may live;
``(ii) children in local institutions for neglected
children;
``(iii) if appropriate, children in local institutions for
delinquent children, and neglected or delinquent children in
community day school programs; and
``(iv) children in foster care (as defined by section
1442(1)), including providing points of contact (as described
in section 1441(d)) in local educational aencies for child
welfare agencies and children in foster care.
``(B) Reservation of funds.--Notwithstanding the
requirements of subsections (b) and (c) of section 1120A,
funds reserved under subparagraph (A) may be used to provide
homeless children and youths with services not ordinarily
provided to other students under this part, including
providing transportation pursuant to section
722(g)(1)(J)(iii) of such Act.
``(C) Amount reserved.--The amount of funds reserved under
subparagraph (A)(i) shall be determined by an assessment of
the numbers and the needs of homeless children and youths in
the local educational agency.''.
SEC. 105. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY
AND SCHOOL IMPROVEMENT; SCHOOL SUPPORT AND
RECOGNITION.
Section 1116 (20 U.S.C. 6316) is amended to read as
follows:
``SEC. 1116. SCHOOL IMPROVEMENT.
``(a) Local Review.--
``(1) In general.--Each local educational agency receiving
funds under this part shall--
``(A) use the State academic assessments, including
measures of student growth and graduation rates, and data on
the state-established equity indicators described in section
1111(c)(1)(C) and the differentiation described in section
1111(c)(1)(D) to review, annually, the progress of each
school served under this part, and consistent with the
parameters described in paragraph (2), to assist the State in
determining whether the school is--
``(i) meeting performance targets, growth targets, and
graduation rate targets established under section 1111(c)(2);
and
[[Page H1403]]
``(ii) making progress to address school challenges
identified using the state- established equity indicators
described in section 1111(c)(1)(C);
``(B) based on the review conducted under subparagraph (A),
assist the State in determining whether a school served under
this part is--
``(i) in need of support as described under section
1111(c)(1)(E)(ii); or
``(ii) a high priority school that meets the State-
established parameters under paragraph (2);
``(C) publicize and disseminate the results of the local
annual review described in subparagraph (A) to parents,
teachers, principals, schools, and the community so that the
teachers, principals, other staff, and schools can improve
instruction to help all children served under this part meet
the college and career ready achievement standards
established under section 1111(b); and
``(D) use the equity indicators established under section
1111(c)(1)(C) to diagnose school challenges and measure
school progress in carrying out the school improvement
activities under this section.
``(2) High priority schools.--The State educational agency
shall establish parameters to identify high priority schools
within the local educational agency that--
``(A) for elementary schools--
``(i) shall use student achievement on the assessments
required under section 1111(b)(3), including prior year data;
``(ii) shall use student growth data on the assessments
under section 1111(b)(3), including prior year data; and
``(iii) shall use, to a lesser extent than each of the
parameters established in clauses (i) and (ii), data on the
equity indicators established under section 1111(c)(1)(C);
and
``(B) for secondary schools--
``(i) shall use student achievement on the assessments
required under section 1111(b)(3), including prior year data;
``(ii) shall use student growth data on the assessments
under section 1111(b)(3), including prior year data;
``(iii) shall use graduation rate data, including prior
year data; and
``(iv) shall use, to a lesser extent than each of the
parameters established in clauses (i) through clause (iii),
data on the equity indicators established under section
1111(c)(1)(C); or
``(v) shall include schools with 4-year adjusted cohort
graduation rates below 67 percent as high priority schools.
``(b) School Improvement.--
``(1) In general.--Each school served under this part
determined to be a school in need of support pursuant to
section 1111(c)(1)(C)(ii) or a high-priority school pursuant
to 1111(c)(1)(C)(i), shall form a school improvement team
described in paragraph (2) to develop and implement a school
improvement plan described in paragraph (3) to improve
educational outcomes for all students and address existing
resource inequities.
``(2) School improvement team.--
``(A) In general.--Each school described in paragraph (1)
shall form a school improvement team, which shall include
school leaders, teachers, parents, community members, and
specialized instructional support personnel.
``(B) Schools in need of support.--Each school improvement
team for a school in need of support may include an external
partner and representatives of the local educational agency
and the State educational agency.
``(C) High-priority schools.--Each school improvement team
for a high-priority school shall include an external partner
and representatives of the local educational agency and the
State educational agency.
``(3) School improvement plan.--
``(A) In general.--A school improvement team shall develop,
implement, and make publicly available a school improvement
plan that uses information available under the accountability
and school improvement system established under section
1111(c), data available under the early warning indicator
system established under subsection (c)(5), data on the
improvement indicators established under section
1111(c)(1)(D), and other relevant data to identify--
``(i) each area in which the school needs support for
improvement;
``(ii) the type of support required;
``(iii) how the school plans to use comprehensive,
evidence-based strategies to address such needs;
``(iv) how the school will measure progress in addressing
such needs using the goals and targets and improvement
indicators established under paragraphs (2) and (1)(D) of
section 1111(c), respectively, and identify which of the
goals and targets are not currently being met by the school;
and
``(v) how the school will review its progress and make
adjustments and corrections to ensure continuous improvement.
``(B) Planning period.--The school improvement team may use
a planning period, which shall not be longer than one school
year to develop and prepare to implement the school
improvement plan.
``(C) Plan requirements.--Each school improvement plan
shall describe the following:
``(i) Planning and preparation.--The activities during the
planning period, including--
``(I) the preparation activities conducted to effectively
implement the budgeting, staffing, curriculum, and
instruction changes described in the plan; and
``(II) how the school improvement team engaged parents and
community organizations.
``(ii) Targets.--The performance, growth, and graduation
rate targets that contributed to the school's status as a
school in need of support or high-priority school, and the
school challenges identified by the school improvement
indicators under section 1111(c)(1)(D).
``(iii) Evidence-based, school improvement strategies.--
Evidence-based, school improvement strategies to address the
factors and challenges described in clause (ii), to improve
instruction, including in all core academic subjects, to
improve the achievement of all students and address the needs
of students identified at the catch-up level of achievement.
``(iv) Needs and capacity analysis.--A description and
analysis of the school's ability and the resources necessary
to implement the evidence-based, school improvement
strategies identified under clause (iii), including an
analysis of--
``(I) staffing resources, such as the number, experience,
training level, effectiveness as determined by the State or
local educational agency, responsibilities, and stability of
existing administrative, instructional, and non-instructional
staff;
``(II) budget resources, including how Federal, State, and
local funds are being spent for instruction and operations to
determine how existing resources can be aligned and used to
support improvement;
``(III) the school curriculum;
``(IV) the use of time, such as the school's schedule and
use of additional learning time; and
``(V) any additional resources and staff necessary to
effectively implement the school improvement activities
identified in the school improvement plan.
``(v) Identifying roles.--The roles and responsibilities of
the State educational agency, the local educational agency,
the school and, if applicable, the external partner in the
school improvement activities, including providing
interventions, support, and resources necessary to implement
improvements.
``(vi) Plan for evaluation.--The plan for continuous
evaluation of the evidence-based, school improvement
strategies, including implementation of and fidelity to the
school improvement plan, that includes at least quarterly
reviews of the effectiveness of such activities.
``(D) Additional requirements for high-priority schools.--
For a persistently-low achieving school, the school
improvement plan shall, in addition to the requirements
described in subparagraph (B), describe how the school will--
``(i) address school-wide factors to improve student
achievement, including--
``(I) establishing high expectations for all students,
which at a minimum, align with the achievement standards and
growth standards under section 1111(b)(4);
``(II) improving school climate, including student
attendance and school discipline, through the use of school-
wide positive behavioral supports and interventions and other
evidence based approaches to improving school climate;
``(III) ensuring that the staff charged with implementing
the school improvement plan are engaged in the plan and the
school turnaround effort;
``(IV) establishing clear--
``(aa) benchmarks for implementation of the plan; and
``(bb) targets for improvement on the equity indicators
under section 1111(c)(1)(C);
``(ii) organize the school to improve teaching and
learning, including through--
``(I) strategic use of time, such as--
``(aa) establishing common planning time for teachers and
interdisciplinary teams who share common groups of students;
``(bb) redesigning the school calendar year or day, such as
through block scheduling, summer learning programs, or
increasing the number of hours or days, in order to create
additional learning time; or
``(cc) creating a flexible school period to address
specific student academic needs and interests such as credit
recovery, electives, enrichment activities, or service
learning; and
``(II) alignment of resources to improvement goals, such as
through ensuring that students in transition grades are
taught by teachers prepared to meet their specific learning
needs;
``(iii) increase teacher and school leader effectiveness,
as determined by the State or local educational agency,
including through--
``(I) demonstrating the principal has the skills, capacity,
and record of success to significantly improve student
achievement and lead a school turnaround, which may include
replacing the principal;
``(II) improving the recruitment and retention of qualified
and effective teachers and school leaders, as determined by
the State or local educational agency, to work in the school;
``(III) professional development activities that respond to
student and school-wide needs aligned with the school
improvement plan, such as--
``(aa) training teachers, school leaders, and other
administrators together with staff from schools making
achievement goals and performance targets under the
accountability system under section 1111(c) that serve
similar populations and in such schools;
``(bb) establishing peer learning and coaching among
teachers; or
[[Page H1404]]
``(cc) facilitating collaboration, including through
professional communities across subject area and
interdisciplinary groups and similar schools;
``(IV) appropriately identifying teachers for each grade
and course; and
``(V) the development of effective leadership structures,
supports, and clear decision making processes, such as
through developing distributive leadership and leadership
teams;
``(iv) improve curriculum and instruction, including
through--
``(I) demonstrating the relevance of the curriculum and
learning for all students, including instruction in all core
academic subjects, and may include the use of online course-
work as long as such course-work meets standards of quality
and best practices for online education;
``(II) increasing access to rigorous and advanced course-
work, including adoption and implementation of a college- and
career-ready curriculum, and evidence-based, engaging
instructional materials aligned with such a curriculum, for
all students;
``(III) increasing access to contextualized learning
opportunities aligned with readiness for postsecondary
education and the workforce, such as providing--
``(aa) work-based, project-based, and service-learning
opportunities; or
``(bb) a high-quality, college preparatory curriculum in
the context of a rigorous career and technical education
core;
``(IV) regularly collecting and using data to inform
instruction, such as--
``(aa) through use of formative assessments;
``(bb) creating and using common grading rubrics; or
``(cc) identifying effective instructional approaches to
meet student needs; and
``(V) emphasizing core skills instruction, such as
literacy, across content areas;
``(v) provide students with academic and social support to
address individual student learning needs, including
through--
``(I) ensuring access to services and expertise of
specialized instructional support personnel;
``(II) supporting students at the catch-up level of
achievement who need intensive intervention;
``(III) increasing personalization of the school experience
through learning structures that facilitate the development
of student and staff relationships;
``(IV) offering extended-learning, credit recovery,
mentoring, or tutoring options of sufficient scale to meet
student needs;
``(V) providing evidence-based, accelerated learning for
students with academic skill levels below grade level;
``(VI) coordinating and increasing access to integrated
services, such as providing specialized instructional support
personnel;
``(VII) providing transitional support between grade-spans,
including postsecondary planning.
``(VIII) meeting the diverse learning needs of all students
through strategies such as a multi-tier system of supports
and universal design for learning, as described in section
5429(b)(21); and
``(IX) engaging families and community partners, including
community-based organizations, organizations representing
underserved populations, Indian tribes (as appropriate),
organizations assisting parent involvement, institutions of
higher education, and businesses, in school improvement
activities through evidence-based strategies.
``(E) Submission and approval.--The school improvement team
shall submit the school improvement plan to the local
educational agency or the State educational agency, as
determined by the State educational agency based on the local
educational agency's ability to effectively monitor and
support the school improvement activities. Upon receiving the
plan, the local educational agency or the State educational
agency, as appropriate, shall--
``(i) establish a peer review process to assist with review
of the school improvement plan; and
``(ii) promptly review the plan, work with the school
improvement team as necessary, and approve the plan if the
plan meets the requirements of this paragraph.
``(F) Revision of plan.--A school improvement team may
revise the school improvement plan as additional information
and data is available.
``(G) Implementation.--A school with the support and
assistance of the local educational agency shall implement
the school improvement plan expeditiously, but not later than
the beginning of the next full school year after
identification for improvement.
``(4) Evaluation of school improvement.--
``(A) In general.--
``(i) Review.--The State educational agency or local
educational agency, as determined by the State in accordance
with paragraph (3)(D) shall, annually, review data with
respect to each school in need of support and each high-
priority school to set clear benchmarks for progress, to
guide adjustments and corrections, to evaluate whether the
supports and interventions identified within the school
improvement plan are effective and the school is meeting the
targets for improvement established under its such plan, and
to specify what actions ensue for schools not making
progress.
``(ii) Data.--In carrying out the annual review under
clause (i), the school, the local educational agency, or
State educational agency shall measure progress on--
``(I) student achievement, student growth, and graduation
rates against the goals and targets established under section
1111(c)(2); and
``(II) equity indicators as established under section
1111(c)(1)(C).
``(B) Schools in need of support.--If, after 3 years of
implementing its school improvement plan, a school in need of
support does not meet the goals and targets under section
1111(c)(2) that were identified under the school improvement
plan as not being met by the school and the equity indicators
established under section 1111(c)(1)(C), then--
``(i) the local educational agency shall evaluate school
performance and other data, and provide intensive assistance
to that school in order to improve the effectiveness of the
interventions; and
``(ii) the State educational agency or the local
educational agency, as determined by the State, shall
determine whether the school shall partner with an external
partner--
``(I) to revise the school improvement plan; and
``(II) to improve, and as appropriate, revise, school
improvement strategies that meet the requirements of
paragraph (3)(B)(iii).
``(C) High priority schools.--If, after 3 years of
implementing its school improvement plan, a high priority
school does not demonstrate progress on the goals and targets
under section 1111(c)(2) that were identified under the
school improvement plan as not being met by the school or the
equity indicators established under section 1111(c)(1)(C),
then the local educational agency, in collaboration with the
State educational agency, will take steps to ensure more
rigorous evidence-based interventions are implemented, which
may include partnering with an external partner with
demonstrated results improving schools.
``(D) High priority school.--If, after 5 years of
implementing its school improvement plan, a high priority
school does not demonstrate progress on the goals and targets
under section 1111(c)(2) that were identified under the
school improvement plan as not being met by the school and
the equity indicators established under section
1111(c)(1)(C), then--
``(i) the local educational agency, in collaboration with
the State educational agency, shall determine actionable next
steps which may include school closure, replacement, or State
take-over of such school, shall provide all students enrolled
with new high-quality educational options;
``(ii) the local educational agency, and as appropriate the
State educational agency, shall develop and implement a plan
to assist with any resulting transition of the school under
clause (i) that--
``(I) is developed in consultation with parents and the
community;
``(II) addresses the needs of the students at the school by
considering strategies such as--
``(aa) opening a new school;
``(bb) graduating out current students and closing the
school in stages; and
``(cc) enrolling the students who attended the school in
other schools in the local educational agency that are higher
achieving, provided the other schools are within reasonable
proximity to the closed school and ensures receiving schools
have the capacity to enroll incoming students; and
``(III) provides information about high-quality educational
options and transition and support services to students who
attended that school and their parents.
``(c) Local Educational Agency Responsibilities.--A local
educational agency served by this part, in supporting the
schools identified as a school in need of support or a high-
priority school served by the agency, shall--
``(1) address resource inequities to improve student
achievement by--
``(A) targeting resources and support to those schools
identified as high priority or as in need of support,
including additional resources and staff necessary to
implement the school improvement plan, as described in
subsection (b)(3)(C)(iv)(V), and
``(B) ensuring the local educational agency budget calendar
is aligned with school staff and budgeting needs;
``(2) address local educational agency-wide factors to
improve student achievement by--
``(A) supporting the use of data to improve teaching and
learning through--
``(i) improving longitudinal data systems;
``(ii) regularly analyzing and disseminating usable data to
educators, parents, and students;
``(iii) building the data and assessment literacy of
teachers and principals; and
``(iv) evaluating at kindergarten entry the kindergarten
readiness of children and addressing the educational and
development needs determined by such evaluation;
``(B) addressing school transition needs of the local
educational agency by--
``(i) using kindergarten readiness data to consider
improving access to high-quality early education
opportunities; and
``(ii) providing targeted research-based interventions to
middle schools that feed into high schools identified for
school improvement under this section;
``(C) supporting human capital systems that ensure there is
a sufficient pool of qualified and effective teachers and
school leaders, as determined by the State or local
educational agency, to work in schools served by the local
educational agency;
[[Page H1405]]
``(D) developing support for school improvement plans among
key stakeholders such as parents and families, community
groups representing underserved populations, Indian tribes
(as appropriate), educators, and teachers;
``(E) carrying out administrative duties under this
section, including evaluation for school improvement and
technical assistance for schools; and
``(F) coordinating activities under this section with other
relevant State and local agencies, as appropriate;
``(3) supporting professional development activities for
teachers, school leaders, and specialized instructional
support personnel aligned to school improvement activities;
``(4) address curriculum and instruction factors to improve
student achievement by--
``(A) ensuring curriculum alignment with the State's early
learning standards and postsecondary education programs;
``(B) providing academically rigorous education options
such as--
``(i) effective dropout prevention, credit and dropout
recovery and recuperative education programs for disconnected
youth and students who are not making sufficient progress to
graduate high school in the standard number of years or who
have dropped out of high school;
``(ii) providing students with postsecondary learning
opportunities, such as through access to a relevant
curriculum or course of study that enables a student to earn
a secondary school diploma and--
``(I) an associate's degree; or
``(II) not more than 2 years of transferable credit toward
a postsecondary degree or credential;
``(iii) integrating rigorous academic education with career
training, including training that leads to postsecondary
credentials for students;
``(iv) increasing access to Advanced Placement or
International Baccalaureate courses and examinations; or
``(v) developing and utilizing innovative, high quality
distance learning strategies to improve student academic
achievement; and
``(C) considering how technology can be used to support
school improvement activities;
``(5) address student support factors to improve student
achievement by--
``(A) establishing an early warning indicator system to
identify students who are at risk of dropping out of high
school and to guide preventive and recuperative school
improvement strategies, including--
``(i) identifying and analyzing the academic risk factors
that most reliably predict dropouts by using longitudinal
data of past cohorts of students;
``(ii) identifying specific indicators of student progress
and performance, such as attendance, academic performance in
core courses, and credit accumulation, to guide decision
making;
``(iii) identifying or developing a mechanism for regularly
collecting and analyzing data about the impact of
interventions on the indicators of student progress and
performance; and
``(iv) analyzing academic indicators to determine whether
students are on track to graduate secondary school in the
standard numbers of years; and
``(B) identifying and implementing strategies for pairing
academic support with integrated student services and case-
managed interventions for students requiring intensive
supports which may include partnerships with other external
partners;
``(6) promote family outreach and engagement in school
improvement activities, including those required by section
1118, to improve student achievement;
``(7) for each school identified for school improvement,
ensure the provision of technical assistance as the school
develops and implements the school improvement plan
throughout the plan's duration; and
``(8) identify school improvement strategies that are
consistently improving student outcomes and disseminate those
strategies so that all schools can implement them.
``(d) State Educational Agency Responsibilities.--A State
educational agency served by this part, in supporting schools
identified as a school in need of support or a high-priority
school and the local educational agencies serving such
schools, shall--
``(1) assess and address local capacity constraints to
ensure that its local educational agencies can meet the
requirements of this section;
``(2) target resources and support to those schools in the
State that are identified as a school in need of support or a
high-priority school and to local educational agencies
serving such schools, including additional resources
necessary to implement the school improvement plan as
described in subsection (b)(3)(C)(iv)(V);
``(3) provide support and technical assistance, including
assistance to school leaders, teachers, and other staff, to
assist local educational agencies and schools in using data
to support school equity and in addressing the equity
indicators described in section 1111(c)(1)(C);
``(4) identify school improvement strategies that are
consistently improving student outcomes and disseminate those
strategies so that all schools can implement them;
``(5) leverage resources from other funding sources, such
as school improvement funds, technology funds, and
professional development funds to support school improvement
activities;
``(6) provide a statewide system of support, including
regional support services, to improve teaching, learning, and
student outcomes;
``(7) assist local educational agencies in developing early
warning indicator systems;
``(8) with respect to schools that will work with external
partners to improve student achievement--
``(A) develop and apply objective criteria to potential
external partners that are based on a demonstrated record of
effectiveness in school improvement;
``(B) maintain an updated list of approved external
partners across the State;
``(C) develop, implement, and publicly report on standards
and techniques for monitoring the quality and effectiveness
of the services offered by approved external partners, and
for withdrawing approval from external partners that fail to
improve high-priority schools; and
``(D) may identify external partners as approved,
consistent with the requirements under paragraph (7), who
agree to provide services on the basis of receiving payments
only when student achievement has increased at an appropriate
level as determined by the State educational agency and
school improvement team under subsection (b)(2); and
``(9) carry out administrative duties under this section,
including providing monitoring and technical assistance to
local educational agencies and schools.
``(e) Rules of Construction.--Nothing in this section shall
be construed--
``(1) to alter or otherwise affect the rights, remedies,
and procedures afforded school or local educational agency
employees under Federal, State, or local laws (including
applicable regulations or court orders) or under the terms of
collective bargaining agreements, memoranda of understanding,
or other agreements between such employees and their
employers;
``(2) to require a child to participate in an early
learning program; or
``(3) to deny entry to kindergarten for any individual if
the individual is legally eligible, as defined by State or
local law.
``(f) Definition.--In this section, the term `external
partner' means an entity--
``(1) that is an organization such as a nonprofit
organization, community-based organization, local education
fund, service organization, educational service agency, or
institution of higher education; and
``(2) that has demonstrated expertise, effectiveness, and a
record of success in providing evidence-based strategies and
targeted support such as data analysis, professional
development, or provision of nonacademic support and
integrated student services to local educational agencies,
schools, or students that leads to improved teaching,
learning, and outcomes for students.''.
SEC. 106. PARENTAL INVOLVEMENT.
(a) Parental Involvement.--Section 1118 (20 U.S.C. 6318) is
amended--
(1) by redesignating subsections (a) through (h) as
subsections (b) through (i), respectively; and
(2) by inserting before subsection (b), as redesignated by
paragraph (1), the following:
``(a) In General.--Each local educational agency and each
school receiving funds under this part shall develop policies
and practices for family engagement in education that meet
the following principles and standards for family-school
partnerships:
``(1) Welcome all families to be active participants in the
life of the school, so that they feel valued and connected to
each other, school staff, and student learning.
``(2) Communicate effectively by ensuring regular two-way,
meaningful communication between family members and local
educational agency and school staff in a manner, language,
and with technology that family members can understand and
access.
``(3) Support student success by fostering continuous
collaboration between family members and local educational
agency and school staff to support student learning and
healthy student development at school and at home.
``(4) Speak up for every child and empower family members
to be advocates for all students within the school.
``(5) Ensure that family members, local educational
agencies, and school staff are equal partners in family
engagement in education decisionmaking.
``(6) Collaborate with community organizations and groups
to turn the school into a hub of community life.
``(7) Create a continuum of family engagement in education
in student learning and development from birth to young
adulthood.
``(8) Train and support superintendents, principals,
teachers, and specialized instructional support personnel to
fully engage families in the education of their children.''.
(b) Written Policy.--Section 1118(b)(2), as redesignated by
subsection (a), is amended--
(1) in subparagraph (C), by striking ``subsection (e)'' and
inserting ``subsection (f)'';
(2) in subparagraph (E), by striking ``and'' after the
semicolon;
(3) in subparagraph (F), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(G) participate in evaluations of the effectiveness of
family engagement in education strategies and policies; and
``(H) participate in developing recommendations for
creating a positive school climate and safe and healthy
schools.''.
[[Page H1406]]
(c) Reservation.--Section 1118(b)(3)(A), as redesignated by
subsection (a), is amended to read as follows:
``(A) In general.--Each local educational agency shall
reserve not less than 2 percent of its allocation under
subpart 2 to carry out this section, except that this
subparagraph shall not apply if 2 percent is such agency's
allocation under subpart 2 for the fiscal year for which the
determination is made is $10,000 or less.''.
(d) Distribution.--Section 1118(b)(3)(C), as redesignated
by subsection (a), is amended to read as follows:
``(C) Distribution.--Not more than 20 percent of the funds
reserved under subparagraph (A) shall be available for local
educational agency programming and technical assistance to
schools served under this part.''.
(e) Reserved Funds.--Section 1118(b)(3), as redesignated by
subsection (a), is amended--
(1) by redesignating subparagraphs (B) and (c) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) Use of funds.--Funds reserved under subparagraph (A)
may be used for the following:
``(i) Increasing capacity through establishment of a
dedicated office or dedicated office or dedicated personnel
within the local educational agency or at the school level
for family engagement in education.
``(ii) Supporting schools and nonprofit organizations in
providing professional development on family engagement in
education for school staff, parent leadership training,
family literacy and numeracy programs, home visitation
programs, family volunteerism programs, and other innovative
programs that meaningfully engage families.
``(iii) Providing technical assistance and training to
schools on the implementation and assessment of family
engagement in education policies and practices.
``(iv) Providing additional support to schools that have
been identified for improvement under section 1116(b) to
assist in the implementation of family engagement in
education programs.
``(v) Partnering with the Statewide Family Engagement
Center and local community-based organizations to identify
community resources, services, and supports to remove
economic obstacles to family engagement in education by
meeting families' needs.
``(vi) Supporting schools and eligible entities in the
development and implementation of research-based practices
and programs that emphasize the importance of family
engagement in academic success and positive development by
addressing factors such as--
``(I) successful transitions from early learning to
kindergarten through grade 12 settings;
``(II) improved understanding of and shared responsibility
for student success;
``(III) improved understanding and use of student and
school data;
``(IV) open, effective communication between schools and
families;
``(V) early warning indicators that a student is at risk of
not graduating on time;
``(VI) improved understanding of State and local
accountability systems, academic standards and student
assessments;
``(VII) parent and community advocacy to increase parent
participation;
``(VIII) improved understanding of the parents' role in
academic, social, and financial preparation for postsecondary
education, including career and technical education.
``(vii) Assisting schools in the development,
implementation, and assessment of family engagement in
education plans.
``(viii) Monitoring and evaluating the family engagement in
education in education policies and practices funded under
this section.
``(ix) Supporting other activities approved in the local
educational agency's plan for improving family engagement in
education.''.
(f) School Parental Involvement Policy.--Section
1118(c)(1), as redesignated by subsection (a), is amended in
the first sentence by striking ``subsections (c) through
(f)'' and inserting ``subsections (d) through (g)''.
(g) Shared Responsibility for High Student Achievement.--
Section 1118(e), as redesignated by subsection (a), is
amended--
(1) in the matter preceding paragraph (1), by striking
``subsection (b)'' and inserting ``subsection (c)''; and
(2) by striking paragraph (1) and inserting the following:
``(1) describe the school's responsibility to--
``(A) provide high-quality curriculum and instruction in a
supportive and effective learning environment that enables
the children served under this part to meet the State's
student academic achievement standards, and the ways in which
parents and families will support their children's learning,
such as--
``(i) monitoring attendance and homework completion;
``(ii) volunteering in their child's classroom or school;
and
``(iii) participating, as appropriate, in decisions
relating to the education of their children and positive use
of extracurricular time; and
``(B) engage families in the development of recommendations
for student attendance, expectations, behavior, and school
safety, including the development of reasonable disciplinary
policies and interventions, such as the implementation of
school-wide positive behavior interventions and supports and
the phase-out of out-of-school suspension and expulsion and
to address bullying and harassment; and''.
SEC. 107. PARAPROFESSIONALS.
Section 1119 (20 U.S.C. 6319) is amended--
(1) by striking subsections (c) through (g) and inserting
the following:
``(c) Paraprofessionals.--
``(1) In general.--Each local educational agency receiving
assistance under this part shall ensure that all
paraprofessionals working in a program supported with funds
under this part shall have--
``(A) completed at least 2 years of study at an institution
of higher education;
``(B) obtained an associate's (or higher) degree; or
``(C) met a rigorous standard of quality and can
demonstrate, through a formal State or local academic
assessment--
``(i) knowledge of, and the ability to assist in
instructing, reading, writing, and mathematics; or
``(ii) knowledge of, and the ability to assist in
instructing, reading readiness, writing readiness, and
mathematics readiness, as appropriate.
``(2) Clarification.--The receipt of a secondary school
diploma (or its recognized equivalent) shall be necessary but
not sufficient to satisfy the requirements of paragraph
(1)(C).
``(d) Exception for Translation and Parental Involvement
Activities.--Subsection (c) shall not apply to a
paraprofessional--
``(1) who is proficient in English and a language other
than English and who provides services primarily to enhance
the participation of children in programs under this part by
acting as a translator; or
``(2) whose duties consist solely of conducting parental
involvement activities consistent with section 1118.
``(e) General Requirement for All Paraprofessionals.--Each
local educational agency receiving assistance under this part
shall ensure that all paraprofessionals working in a program
supported with funds under this part, regardless of the
paraprofessionals' hiring date, have earned a secondary
school diploma or its recognized equivalent.
``(f) Duties of Paraprofessionals.--
``(1) In general.--Each local educational agency receiving
assistance under this part shall ensure that a
paraprofessional working in a program supported with funds
under this part is not assigned a duty inconsistent with this
subsection.
``(2) Responsibilities paraprofessionals may be assigned.--
A paraprofessional described in paragraph (1) may be
assigned--
``(A) to provide one-on-one tutoring for eligible students,
if the tutoring is scheduled at a time when a student would
not otherwise receive instruction from a teacher;
``(B) to assist with classroom management, such as
organizing instructional and other materials;
``(C) to provide assistance in a computer laboratory;
``(D) to conduct parental involvement activities;
``(E) to provide support in a library or media center;
``(F) to act as a translator; or
``(G) to provide instructional services to students in
accordance with paragraph (3).
``(3) Additional limitations.--A paraprofessional described
in paragraph (1)--
``(A) may not provide any instructional service to a
student unless the paraprofessional is working under the
direct supervision of a teacher consistent with section 1119;
and
``(B) may assume limited duties that are assigned to
similar personnel who are not working in a program supported
with funds under this part, including duties beyond classroom
instruction or that do not benefit participating children, so
long as the amount of time spent on such duties is the same
proportion of total work time as prevails with respect to
similar personnel at the same school.''.
SEC. 108. COMPARABLE ALLOCATION OF EXPENDITURES.
(a) Amendment.--Section 1120A(c) (20 U.S.C. 6321(c)) is
amended to read as follows:
``(c) Comparable Allocation of Expenditures.--
``(1) In general.--
``(A) Comparable funding.--Not later than 5 full school
years after the date of enactment the Student Success Act,
except as provided in paragraphs (5), (6), and (7), a local
educational agency may receive funds under this part for a
fiscal year only if, for the preceding fiscal year, the
combined expenditure per pupil of State and local funds,
including personnel and nonpersonnel costs, in each school
served under this part was at least comparable to the average
combined expenditure per pupil of State and local funds,
including personnel and nonpersonnel costs, across all
schools served by the local educational agency that are not
receiving funds under this part.
``(B) Comparable funding among title i schools.--In any
case where all of the schools served by a local educational
agency receive support under this part, such agency may
receive funds under this part only if, for the preceding
fiscal year, the combined expenditure per pupil of State and
local funds in each higher poverty school is at least
comparable to the average combined expenditure per pupil of
State and local funds across all lower poverty schools.
[[Page H1407]]
``(2) Equivalence.--A local educational agency shall be
considered to have met the requirements of paragraph (1), and
to be eligible to receive funds under this part, if--
``(A) such agency has filed annually with the State
educational agency a school-by-school listing of per-pupil
expenditures of State and local funds, as described in
paragraph (1), for each school served by the agency for the
preceding fiscal year; and
``(B) the listing described in subparagraph (A)
demonstrates comparable allocation of per-pupil expenditures
across schools as required by subparagraph (A) or (B) of
paragraph (1).
``(3) Basis.--A local educational agency may meet the
requirements of paragraphs (1) or (2) across all schools or
among schools serving a particular grade span, if the local
educational agency compares schools within not more than
three grade spans.
``(4) Requirements.--
``(A) Requirements of the secretary.--The Secretary shall
issue regulations concerning the responsibilities of State
educational agencies and local educational agencies for
meeting the requirements of this subsection.
``(B) Requirements of states.--Each State educational
agency receiving funds under this part shall--
``(i) create and distribute to local educational agencies,
and make available to the public, regulations on the
responsibilities of local educational agencies for meeting
the requirements of this subsection; and
``(ii) submit a plan to the Secretary, required under
section 1111(d)(1)(B).
``(C) Requirements of local educational agencies.--Not
later than 18 months after the date of enactment of the
Student Success Act, each local educational agency receiving
funds under this part shall develop and submit to the State
educational agency a plan, which shall be made available to
the public, that will ensure comparable allocation of
resources as described in paragraph (1) not later than 5 full
school years after the date of enactment of the Student
Success Act, including information on--
``(i) a timeline and annual benchmarks for making progress
toward achieving comparable allocation of resources; and
``(ii) how the local educational agency is aligning school
improvement efforts described under section 1116(b) and (c),
efforts to improve educator supports and working conditions
described in section 2112(b)(3), and efforts to improve the
equitable distribution of teachers and principals described
in section 2112(b)(5), with efforts to improve the comparable
allocation of resources as described in this subsection;
``(5) Inapplicability.--This subsection shall not apply to
a local educational agency that does not have more than one
building for each grade span.
``(6) Compliance.--For the purpose of determining
compliance with paragraph (1), a local educational agency--
``(A) shall exclude State and local funds expended for the
excess costs of providing English language instruction for
Limited English Proficient students as determined by the
local educational agency;
``(B) shall exclude State and local funds expended for the
excess costs of providing services to children with
disabilities as determined by the local educational agency;
``(C) may exclude capital expenditures; and
``(D) may exclude supplemental State or local funds
expended in any school attendance area or school for programs
that meet the intent and purpose of this part.
``(7) Exclusions.--A local educational agency need not
include unpredictable or significant changes in student
enrollment or personnel assignments that occur after the
beginning of a school year in determining the comparable
allocation of expenditures under this subsection.
``(8) Transitional compliance.--Beginning on the date of
enactment of Student Success Act, for no more than 5 full
school years a local educational agency shall be deemed to be
in compliance with paragraph (1) and paragraph (4)(C)(i) for
any school year, if the teachers hired to fill vacancies for
individual schools served under this part, and for the
schools not served under this part, improve the comparable
allocation of combined State and local per pupil expenditures
compared to the preceding school year.
``(9) Waiver.--A local educational agency may apply to the
Secretary to waive the requirement of paragraph (1), 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.
``(10) Rule of construction.--Nothing in this section shall
be construed to alter or otherwise affect the rights,
remedies, and procedures afforded school or local educational
agency employees under Federal, State, or local laws
(including applicable regulations or court orders) or under
the terms of collective bargaining agreements, memoranda of
understanding, or other agreements between such employees and
their employers.
``(11) No forced transfers.--Nothing in this subsection
shall be construed to require a local educational agency to
transfer school personnel in order to comply with the
requirements of this subsection.''.
SEC. 109. COORDINATION REQUIREMENTS.
Section 1120B (20 U.S.C. 6321(c)) is amended to read as
follows:
``SEC. 1120B. COORDINATION REQUIREMENTS.
``(a) In General.--Each local educational agency receiving
assistance under this part shall--
``(1) coordinate, as feasible, with early childhood
programs to carry out the activities described in subsection
(b); and
``(2) develop agreements with Head Start agencies to carry
out the activities described in subsection (b).
``(b) Activities.--The activities referred to in subsection
(a) are activities that increase coordination between the
local educational agency and a Head Start agency and, if
feasible, other entities carrying out early childhood
development programs serving children who will attend the
schools of the local educational agency, including--
``(1) developing and implementing a systematic procedure
for receiving records regarding such children, transferred
with parental consent from a Head Start program or, where
applicable, another early childhood development program;
``(2) establishing channels of communication between school
staff and in such Head Start agencies or other entities
carrying out early their counterparts (including teachers,
social workers, and health staff) childhood development
programs, as appropriate, to facilitate coordination of
programs;
``(3) conducting meetings involving parents, kindergarten
or elementary school teachers, and Head Start teachers or, if
appropriate, teachers from other early childhood development
programs, to discuss the developmental and other needs of
individual children;
``(4) organizing and participating in joint transition-
related training of school staff, Head Start program staff,
and, where appropriate, other early childhood development
program staff; and
``(5) linking the educational services provided by such
local educational agency with the services provided by local
Head Start agencies.
``(c) Coordination of Regulations.--The Secretary shall
work with the Secretary of Health and Human Services to
coordinate regulations promulgated under this part with
regulations promulgated under the Head Start Act.''.
SEC. 110. TREATMENT OF THE OUTLYING AREAS AND BUREAU OF
INDIAN EDUCATION SCHOOLS.
(a) In General.--Section 1121 (20 U.S.C. 6331) is amended--
(1) in the section heading, by striking ``the outlying
areas and'';
(2) by amending subsection (a) to read as follows:
``(a) Reservation of Funds.--
``(1) In general.--From the amount appropriated for
payments to States for any fiscal year under sections 1002(a)
and 1125A(f), the Secretary shall reserve--
``(A) for each fiscal year until the fiscal year described
in paragraph (2), .67 percent to provide assistance to the
Secretary of the Interior in the amount necessary to make
payments pursuant to subsection (b); and
``(B) for the fiscal year described in paragraph (2) and
each succeeding fiscal year, 0.75 percent to provide
assistance to the Secretary of the Interior in the amount
necessary to make payments pursuant to such subsection.
``(2) Description of fiscal year.--A fiscal year described
in this paragraph is a fiscal year for which the total amount
allocated under this part for each State, after reserving
funds in accordance with paragraph (1)(B), would be an amount
that is not less than the total amount allocated under this
part for such State for fiscal year 2015.'';
(3) by striking subsections (b) and (c);
(4) by redesignating subsection (d) as subsection (b); and
(5) in subsection (b), as so redesignated--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--The amount allotted for payments to the
Secretary of the Interior under subsection (a) for any fiscal
year shall be used to meet the special educational needs of--
``(A) Indian children on reservations served by elementary
schools and secondary schools for Indian children operated or
supported by the Department of the Interior; and
``(B) out-of-State Indian children in elementary schools
and secondary schools in local educational agencies under
special contracts with the Department of the Interior.''; and
(B) in paragraph (2), by striking ``subsection (a)(2)'' and
inserting ``subsection (a)''.
(b) Allocations to States.--Section 1122 (20 U.S.C. 6332)
is amended by striking subsection (e).
(c) Basic Grants to Local Educational Agencies.--Section
1124(d) (20 U.S.C. 6333(d)) is amended--
(1) in paragraph (2), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and indenting
appropriately;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(3) by striking ``Notwithstanding section 1122'' and
inserting the following:
``(1) In general.--Notwithstanding section 1122 and except
as provided in paragraph (2)'';
(4) in paragraph (1)(B)(i) (as so redesignated), by
striking ``calculated in paragraph (1)'' and inserting
``calculated in subparagraph (A)''; and
(5) by adding at the end the following new paragraph:
``(2) Exception.--American Samoa, Guam, the Commonwealth of
the Northern Mariana
[[Page H1408]]
Islands, and the United States Virgin Islands shall each
receive one-half of the lesser of the amounts calculated for
each such jurisdiction under subparagraphs (A) and (B) of
paragraph (1).''.
(d) Concentration Grants to Local Educational Agencies.--
Section 1124A(a)(1)(B) (20 U.S.C. 6334(a)(1)(B)) is amended--
(1) by inserting ``State minimum.--'' after the
subparagraph enumerator;
(2) in clause (ii)--
(A) in subclause (II), by redesignating items (aa) and (bb)
as subitems (AA) and (BB), respectively, and indenting
appropriately; and
(B) by redesignating subclauses (I) and (II) as items (aa)
and (bb), respectively, and indenting appropriately;
(3) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively, and indenting appropriately;
(4) by striking ``Notwithstanding section 1122'' and
inserting the following:
``(i) In general.--Notwithstanding section 1122 and except
as provided in clause (ii)'';
(5) in clause (i)(II)(aa) (as so redesignated) by striking
``calculated under clause (i)'' and inserting ``calculated
under subclause (I)''; and
(6) by adding at the end the following new clause:
``(ii) Exception.--American Samoa, Guam, the Commonwealth
of the Northern Mariana Islands, and the United States Virgin
Islands shall each receive one-half of the lesser of the
amounts calculated for each such jurisdiction under
subclauses (I) and (II) of clause (i).''.
(e) Targeted Grants to Local Educational Agencies.--Section
1125(e) (20 U.S.C. 6335(e)) is amended--
(1) in paragraph (2), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and indenting
appropriately;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(3) by striking ``Notwithstanding any other provision of
this section or section 1122'' and inserting the following:
``(1) In general.--Notwithstanding section 1122 and except
as provided in paragraph (2)'';
(4) by adding at the end the following new paragraph:
``(2) Exception.--American Samoa, Guam, the Commonwealth of
the Northern Mariana Islands, and the United States Virgin
Islands shall each receive one-half of the lesser of the
amounts calculated for each such jurisdiction under
subparagraphs (A) and (B) of paragraph (1).''.
(f) Education Finance Incentive Grant Program.--Section
1125A(b) (20 U.S.C. 6337(b)) is amended--
(1) in paragraph (1)(B)--
(A) in clause (ii), by redesignating subclauses (I) and
(II) as items (aa) and (bb), respectively, and indenting
appropriately;
(B) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively, and indenting appropriately;
(C) by striking ``Notwithstanding any other provision of
this section or section 1122'' and inserting the following:
``(i) In general.--Notwithstanding section 1122 and except
as provided in clause (ii)''; and
(D) by adding at the end the following new clause:
``(ii) Exception.--American Samoa, Guam, the Commonwealth
of the Northern Mariana Islands, and the United States Virgin
Islands shall each receive one-half of the lesser of the
amounts calculated for each such jurisdiction under
subclauses (I) and (II) of clause (i).''; and
(2) in paragraph (2)(B)--
(A) in the subparagraph heading, by inserting ``and certain
outlying areas'' before the period at the end; and
(B) by adding after ``Commonwealth of Puerto Rico'' the
following: ``, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, and the United States Virgin
Islands''.
(g) Definition.--Section 9101(30) (20 U.S.C. 7801(30)) is
amended by striking ``section 1121(b) and any other'' and
inserting ``any''.
SEC. 111. SUPPORT FOR HIGH-QUALITY ASSESSMENTS.
(a) Amendment.--Part A of title I (20 U.S.C. 6311 et seq.)
is amended by adding at the end the following new subpart:
``Subpart 3--Support for High-Quality Assessments
``SEC. 1131. GRANTS TO IMPROVE DELIVERY OF HIGH-QUALITY
ASSESSMENTS AND FOR RELATED ACTIVITIES.
``(a) In General.--From the amount reserved under section
1134(b)(5) and subject to subparagraphs (A) and (B) of such
section, the Secretary shall make grants by allocating funds
in accordance with subsection (b) of this section to States
to enable the States to--
``(1) develop, administer, and further align State
assessments required by section 1111(b)(3) to State content
standards required by section 1111(b)(1);
``(2) ensure the provision of appropriate accommodations as
required by section 1111(b)(3) to students with limited
English proficiency and students with disabilities to improve
the rates of inclusion in State assessments of such students;
``(3) develop State assessment systems aligned to the
State's content standards that support systems of continuous
improvement and meet the assurance of coordination and
alignment as described in section 1111(b)(3)(H);
``(4) support local educational agencies in identifying
uses of assessment data, which may include appropriate use of
student assessment data as one of multiple measures of
student learning for teacher and school leader performance
and evaluation, where applicable; and
``(5) carry out the activities described in the report
required under subsection (c).
``(b) Allocation of Funds.--From the amount reserved under
section 1134(b)(5), each State shall receive an allocation
for each fiscal year in an amount equal to--
``(1) $4,000,000; and
``(2) with respect to any amounts remaining after the
allocation is made under paragraph (1), an amount that bears
the same relationship to such total remaining amounts as the
number of students ages 5 through 17 in the State (as
determined by the Secretary on the basis of the most recent
satisfactory data) bears to the total number of such students
in all States.
``(c) State Report.--Not later than 6 months after a State
receives a grant under this section, the State shall, in
consultation with education stakeholders, prepare and make
publically available a report, that explains how the State
has used, or will use, the grant to--
``(1) improve the quality and use of the State's assessment
system, including assessments not required by section
1111(b)(3), and for related activities;
``(2) ensure that all summative assessments that are used
for accountability purposes, including accountability
described in section 1111(c) are valid and reliable, and
consistent with relevant, nationally recognized professional
and technical standards; and
``(3) improve the use of State assessment data by school
leaders, educators, and parents, and for related activities,
such as--
``(A) disseminating the assessment data in an accessible
and understandable format for educators, parents, and
families;
``(B) decreasing time between administering such State
assessments and releasing assessment data;
``(C) supporting the dissemination of promising practices
from local educational agencies that have successfully used
assessment data to improve individual student and overall
school performance;
``(D) identifying appropriate uses of assessment data,
which may include appropriate use of student assessment data
as one of multiple measures of student learning for teacher
and school leader performance and evaluation; and
``(E) providing professional development on assessment and
data literacy to teachers and school leaders, including on
the development and effective use of formative and classroom-
based assessments aligned with State content standards.
``SEC. 1132. GRANTS FOR ASSESSMENT SYSTEM ALIGNMENT, QUALITY,
AND USE.
``(a) In General.--From the amount reserved under section
1134(b)(3), the Secretary shall make grants to States to--
``(1) in the case of a grant awarded under this section to
a State for the first time--
``(A) carry out an audit of the State assessment system and
ensure that local educational agencies carry out audits of
local assessments under subsection (e)(1);
``(B) prepare and carry out the State plan under subsection
(e)(6); and
``(C) award subgrants under subsection (f); and
``(2) in the case of a grant awarded under this section to
a State that has previously received a grant under this
section--
``(A) carry out the State plan on audit findings under
subsection (e)(6); and
``(B) award subgrants under subsection (f).
``(b) Minimum Amount.--Each State with an approved
application shall receive a grant amount of not less than
$2,000,000.
``(c) Reallocation.--If a State chooses not to apply to
receive a grant under this subsection, or if such State's
application under subsection (d) is disapproved by the
Secretary, the Secretary shall reallocate such grant amount
to other States with approved applications.
``(d) Application.--A State desiring to receive a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(e) Audits of State Assessment Systems and Local
Assessments.--
``(1) Audit requirements.--Not later than 1 year after a
State receives a grant under this section for the first time,
the State shall--
``(A) conduct an audit of the State assessment system;
``(B) ensure that each local educational agency under the
State's jurisdiction and receiving funds under this Act--
``(i) conducts an audit of each local assessment
administered by the local educational agency; and
``(ii) submits the results of such audit to the State; and
``(C) report the results of each State and local
educational agency audit conducted under subparagraphs (A)
and (B)--
``(i) in a publicly available format, such as a widely
accessible online platform; and
``(ii) with appropriate accessibility provisions for
individuals with disabilities and individuals with limited
English proficiency.
``(2) Resources for local educational agencies.--In
carrying out paragraph (1)(B), each State shall develop and
provide local educational agencies with resources, such as
[[Page H1409]]
guidelines and protocols, to assist the agencies in
conducting and reporting the results of the audit required
under such paragraph (1)(B).
``(3) State assessment system description.--An audit of a
State assessment system conducted under paragraph (1) shall
include a description of each State assessment carried out in
the State, including--
``(A) the grade and subject matter assessed;
``(B) whether the assessment is required under section
1111(b)(3);
``(C) the annual cost to the State educational agency
involved in developing, purchasing, administering, and
scoring the assessment;
``(D) the purpose for which the assessment was designed and
the purpose for which the assessment is used, including
assessments designed to contribute to systems of continuous
improvement of teaching and learning;
``(E) the time for disseminating assessment results;
``(F) a description of how the assessment is aligned with
the State's content standards;
``(G) a description of any State law or regulation that
established the requirement for the assessment;
``(H) the schedule and calendar for all State assessments
given; and
``(I) a description of the State's policies for inclusion
of students with limited English proficiency and students
with disabilities.
``(4) Local assessment description.--An audit of a local
assessment conducted under paragraph (1) shall include a
description of the local assessment carried out by the local
educational agency, including--
``(A) the descriptions listed in subparagraphs (A), (D),
and (E) of paragraph (3);
``(B) the annual cost to the local educational agency of
developing, purchasing, administering, and scoring the
assessment;
``(C) the extent to which the assessment is aligned to the
State's content standards;
``(D) a description of any State or local law or regulation
that establishes the requirement for the assessment; and
``(E) in the case of a summative assessment that is used
for accountability purposes, whether the assessment is valid
and reliable and consistent with nationally recognized
professional and technical standards.
``(5) Stakeholder feedback.--Each audit of a State
assessment system or local assessment system conducted under
subparagraph (A) or (B) of paragraph (1) shall include
feedback on such system from education stakeholders, which
shall cover information such as--
``(A) how educators and administrators use assessment data
to improve and differentiate instruction;
``(B) the timing of release of assessment data;
``(C) the extent to which assessment data is presented in
an accessible and understandable format for educators,
parents, students, if appropriate, and the community;
``(D) the opportunities, resources, and training educators
and administrators are given to review assessment results and
make effective use of assessment data;
``(E) the distribution of technological resources and
personnel necessary to administer assessments;
``(F) the amount of time educators spend on test
preparation;
``(G) the assessments that administrators, educators,
parents, and students, if appropriate, do and do not find
useful;
``(H) the amount of time students spend taking the
assessments; and
``(I) other information as appropriate.
``(6) State plan on audit findings.--
``(A) Preparing the state plan on audit findings.--Not
later than 6 months after a State conducts an audit under
paragraph (1) and based on the results of such audit, the
State shall, in coordination with the local educational
agencies under the jurisdiction of the State, prepare and
submit to the Secretary, a plan to improve and streamline
State assessment systems and local assessment systems,
including through activities such as--
``(i) eliminating any assessments that are not required by
section 1111(b)(3) (such as by buying out the remainder of
procurement contracts with assessment developers) and that--
``(I) are low-quality;
``(II) not aligned to the State's content standards;
``(III) in the case of summative assessments used for
accountability purposes, are not valid or reliable and are
inconsistent with nationally recognized professional and
technical standards;
``(IV) do not contribute to systems of continuous
improvement for teaching and learning; or
``(V) are redundant;
``(ii) supporting the dissemination of promising practices
from local educational agencies or other States that have
successfully improved assessment quality and efficiency to
improve teaching and learning;
``(iii) supporting local educational agencies or consortia
of local educational agencies to carry out efforts to
streamline local assessment systems and implementing a
regular process of review and evaluation of assessment use in
local educational agencies;
``(iv) supporting appropriate uses of assessment data,
which may include appropriate use of student assessment data
as one of multiple measures of student learning for teacher
and school leader performance and evaluation; and
``(v) providing professional development to teachers and
school leaders on selecting and implementing formative
assessments, designing classroom-based assessments, and
assessment and data literacy.
``(B) Carry out the state plan on audit findings.--A State
shall carry out a State plan on audit findings as soon as
practicable after the State prepares such State plan under
subparagraph (A) and during each grant period of a grant
described in subsection (a)(2) that is awarded to the State.
``(f) Subgrants to Local Educational Agencies.--
``(1) In general.--From the amount awarded to a State under
this section, the State shall reserve not less than 20
percent of funds to make subgrants to local educational
agencies in the State, or a consortium of such local
educational agencies, based on demonstrated need in the
agency's or consortium's application to improve assessment
quality, use, and alignment with the State's content
standards.
``(2) Local educational agency application.--Each local
educational agency, or consortium of local educational
agencies, seeking a subgrant under this subsection shall
submit an application to the State at such time, in such
manner, and describing that agency's or consortium's needs to
improve assessment quality, use, and alignment (as described
in paragraph (1)), and such other information as determined
by the State.
``(3) Use of funds.--A subgrant awarded under this
subsection to a local educational agency or consortium of
such agencies may be used to--
``(A) conduct an audit of local assessments under
subsection (e)(1)(B);
``(B) eliminate any assessments identified for elimination
by such audit, such as by buying out the remainder of
procurement contracts with assessment developers;
``(C) disseminate the promising practices described in
subsection (e)(6)(B);
``(D) improve the capacity of school leaders and educators
to disseminate assessment data in an accessible and
understandable format for parents and families, including for
individuals with disabilities or individuals with limited
English proficiency;
``(E) support the appropriate use of assessment data, which
may include appropriate use of student assessment data as one
of multiple measures of student learning for teacher and
school leader performance and evaluation;
``(F) provide professional development to, and time for
teacher collaboration on designing classroom-based
assessments and improving assessments and data literacy for,
teachers and school leaders, which may include providing
additional planning time to analyze student and team data and
designing instruction based on data analysis;
``(G) improve assessment delivery systems and schedules,
including by increasing access to technology and exam
proctors, where appropriate;
``(H) hire instructional coaches, or promoting educators
who may receive increased compensation to serve as
instructional coaches, to support educators to develop
classroom-based assessments, interpret assessment data, and
design instruction; and
``(I) provide for appropriate assessment accommodations to
maximize inclusion of students with disabilities and students
with limited English proficiency, including by providing the
assessments described in section 1111(b)(6).
``SEC. 1133. INNOVATIVE ASSESSMENT DEMONSTRATION AUTHORITY.
``(a) Definitions.--In this part:
``(1) College and career ready standards.--The term
`college and career ready standards' means the academic
content and student academic achievement standards adopted by
a State under section 1111(b).
``(2) Competency education.--The term `competency
education' is defined, (at a minimum), as a school-level
framework for learning that enables personalization, with the
goal of students becoming proficient, in which--
``(A) students advance upon mastery;
``(B) competencies are transparent, aligned to State
academic standards, and include explicit, measurable, and
transferable learning objectives;
``(C) assessment improves teaching and learning in real
time and validates when students are ready to demonstrate
mastery; and
``(D) students receive timely, differentiated support based
on their individual learning needs.
Competencies emphasize growth towards higher order skills,
including the application and creation of knowledge and
social emotional skills.
``(3) Core indicators.--The term `core indicators' means--
``(A) State academic assessments that meet the requirements
of section 1111(b)(3) and that provide data that can be
compared with data regarding the State academic assessments
required under section 1111(b)(3); and
``(B) graduation rates.
``(4) Eligible entity.--The term `eligible entity' means a
State educational agency or consortium of State educational
agencies.
``(5) Mastery.--The term `mastery' means a level of
knowledge or skill development demonstrated by a student
signifying that the student has met a standard and is
prepared to progress to a subsequent standard.
``(6) Performance assessment.--The term `performance
assessment' means a multi-step assessment that--
[[Page H1410]]
``(A) includes complex activities with clear criteria,
expectations, and processes that enable students to interact
with meaningful content; and
``(B) measures the depth at which students learn content
and apply complex skills to create or refine an original
product or solution.
``(b) Demonstration Authority.--
``(1) In general.--The Secretary may provide eligible
entities, in accordance with paragraph (3), with the
authority to establish State assessment systems that enable
competency education to satisfy the requirements under
section 1111(c) and 1111(b)(3) and use results of such
competency education assessment system for the purposes of
section 1111(c) and section 1116 and in accordance with an
application approved under subsection (c).
``(2) Demonstration period.--The initial award of
demonstration authority under this part shall be for a period
of 5 years. After such period, if the Secretary has not
withdrawn the demonstration authority from an eligible
entity, the eligible entity shall be permitted to operate the
assessment system approved under the demonstration authority
in lieu of the requirements under section 1111(b)(3), except
that the assessments required under section 1111(b)(3) shall
be administered at a minimum of once in grades 3 through 56,
once in graades 6 through 8, and once in high school.
``(3) Initial demonstration authority; expansion;
renewal.--
``(A) Initial limit.--During the initial 3-year period of
demonstration authority under this section, the Secretary may
not provide more than 5 eligible entities with the authority
described in paragraph (1).
``(B) Expansion of demonstration authority.--After the end
of the initial demonstration period described in subparagraph
(A), the Secretary may provide additional eligible entities
with demonstration authority described in paragraph (1),
subject to each of the requirements of this part as
applicable, if the Secretary determines that the
demonstration authority provided under this part during the
initial demonstration period has effectively supported
student progress on core indicators among students served by
the eligible entities, including subgroups of students
described in section 1111(c)(3)(A).
``(c) Applications.--To be eligible to participate in the
demonstration under this part, an eligible entity shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require, that describes the assessment system that will be
used by the eligible entity to enable competency education,
including--
``(1) a description of the assessment system the eligible
entity will use (consistent with section 1111(b)(3)(B) and
covering the subjects described in section 1111(b)(3)(C)),
including--
``(A) how the system will provide annual summative student
performance data gathered in one of the following ways--
``(i) a statewide summative assessment administered at
least once annually in each of grades 3 through 8 and once in
grades 9 through 12;
``(ii) a statewide summative instrument administered at
least once annually in each of grades 3 through 8 and once in
grades 9 through 12 administered as multiple assessments
throughout the year; or
``(iii) a combination of a statewide summative assessment
and , or in lieu of, local summative assessments administered
at least once annually in each of grades 3 through 8 and once
in grades 9 through 12, so long as--
``(I) the assessments provide, at a minimum, annual
information about student performance to inform
determinations about accountability and supports and
interventions;
``(II) the statewide assessment occurs at a minimum of once
in elementary, once in middle, and once in high school;
``(III) the assessment items are aligned to college- and
career-ready State academic standards;
``(IV) the local assessment instruments produce comparable
results across the State that are of high technical quality,
reliability, and validity; and
``(V) the system of assessments incorporates multiple
sources of evidence of student learning, including
performance-based tasks; and
``(B) how the system will incorporate formative, interim,
and summative assessments, including the use of performance
assessments and other sources of evidence of student learning
that determine mastery of college and career ready standards
and competencies.
``(d) Assurances.--The State educational agency will
provide assurances that--
``(1) the system is aligned to college and career ready
standards described in section 1111 and State-approved
competencies;
``(2) the system has been developed in collaboration with
stakeholders representing the interests of students with
disabilities, English learners, and civil rights
organizations in the State, as demonstrated through
modifications made to the assessments resulting from such
collaboration;
``(3) the system incorporates the principles of universal
design as defined in section 3(a) of the Assistive Technology
Act of 1998 (29 U.S.C.14 3002(a));
``(4) the system will allow students to demonstrate
progress toward mastery of such standards and State-approved
competencies;
``(5) the assessments will assess mastery of State-approved
competencies when students are ready to demonstrate mastery
of such standards and competencies;
``(6) the system will provide students with multiple
opportunities to demonstrate mastery of such standards and
competencies;
``(7) the system will engage and support teachers in
scoring assessments, including the use of high quality
professional development, standardized and calibrated scoring
rubrics, and other strategies to ensure inter-rater
reliability and comparability of determinations of mastery
across the State;
``(8) the system provides educators, students, and parents
with real-time data to inform instructional practice and
continuously improve student performance;
``(9) the system will provide instructional support and
targeted intervention to all students to ensure every student
is on-track to master the State approved standards and
competencies by graduation;
``(10) the system will only utilize a student's
individualized education program, as defined in section 602
of the Individuals with Disabilities Education Act, for
purposes specifically allowed under such Act;
``(11) a description of how the system will be used to
satisfy the accountability requirements of section 1111(c);
``(12) the State will administer the annual statewide
assessment required under section 1111(b)(3) until the
secretary removes such requirement as described under
subsection (b)(2);
``(13) the eligible entity's plan to--
``(A) ensure that all students, including each student
subgroup described in section 1111(c)(3)(A)--
``(i) are held to the same high standard;
``(ii) demonstrate annually, at a minimum, at least 1 year
of academic growth consistent with the requirement in section
1111(b)(4)(E); and
``(iii) receive the instructional support needed to attain
mastery of college and career ready standards and State-
approved competencies;
``(B) train local educational agency and school staff to
implement the assessments described in paragraph (2)(A);
``(C) acclimate students to the new assessment and
accountability systems; and
``(D) ensure that each local educational agency has the
technological infrastructure to operate the accountability
and assessment systems described in this section; and
``(14) a description of how instruction and professional
development will be enhanced to personalize the educational
experience for each student to ensure all students graduate
college and career ready, as determined in accordance with
State academic achievement standards under section 1111(b);
and
``(15) a description of the local educational agencies
within the State that will participate in the polit.
``(e) Peer Review.--The Secretary shall--
``(1) implement a peer review process, which shall include
a review team comprised of practitioners and experts who are
knowledgeable about competency education, to inform the
awarding of the demonstration authority under this part; and
``(2) make publicly available the applications submitted
under subsection (c) and the peer comments and
recommendations on such applications.
``(f) Demonstration Authority Withdrawn.--The Secretary may
withdraw the demonstration authority provided to an eligible
entity under this part if at any point after the 3 year
demonstration period described in subsection (b)(2), the
Secretary determines that student performance for all
students served by the eligible entity or any student
subgroup described under section 1111(c)(3)(A) has declined
on core indicators;
``(g) Dissemination of Best Practices.--The Secretary shall
disseminate best practices on the implementation of
accountability and assessment systems that enable competency
education, including on--
``(1) strategies that States used to accelerate mastery of
State standards and aligned competencies to close achievement
gaps and increase readiness for college and career;
``(2) the effective use of formative, interim, and
summative assessments to inform instruction; and
``(4) the development of standardized and calibrated
scoring rubrics, and other strategies to ensure inter-rater
reliability and comparability of determinations of mastery
across the State.
``SEC. 1134. FUNDING.
``(a) Authorization of Appropriations.--
``(1) National assessment of educational progress.--For the
purpose of administering the State assessments under the
National Assessment of Educational Progress, there are
authorized to be appropriated $72,000,000 for fiscal year
2016, and such sums as may be necessary for each of the 5
succeeding fiscal years.
``(2) State assessments and related activities.--For the
purpose of carrying out this subpart, there are authorized to
be appropriated $600,000,000 for fiscal year 2016, and such
sums as may be necessary for each of the 5 succeeding fiscal
years.
``(b) Reservation of Appropriated Funds.--From amounts made
available for each fiscal year under subsection (a)(2), the
Secretary shall--
``(1) reserve one-half of 1 percent for the Bureau of
Indian Affairs;
``(2) reserve one-half of 1 percent for the outlying areas;
[[Page H1411]]
``(3) reserve 20 percent to carry out section 1132;
``(4) reserve 3 percent to carry out section 1133; and
``(5) reserve the remainder (after reserving funds under
paragraphs (1) through (4)) to carry out section 1131, except
that--
``(A) for any fiscal year for which the funds appropriated
under subsection (a)(2) of this section are equal to or
greater than $450,000,000, each State that receives a grant
under section 1131 shall use the grant to carry out
paragraphs (1) through (5) of section 1131(a); and
``(B) for any fiscal year for which the funds appropriated
under subsection (a)(2) of this section are less than
$450,000,000, each State that receives a grant under section
1131 shall only be required to use the grant to carry out
paragraphs (1) through (3) of section 1131(a).
``SEC. 1135. STATE DEFINED.
``In this section, the term `State' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.''.
(b) Conforming Amendment.--Subpart 1 of part A of title VI
(20 U.S.C. 7301 et seq.) is repealed.
SEC. 112. STATE AGENCY PROGRAMS.
Part D of title I (20 U.S.C. 6421 et seq.) is amended--
(1) in section1414(a)(2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) by redesignating subparagraph (C) as subparagraph (F);
and
(C) by inserting after subparagraph (B) the following:
``(C) contain procedures to ensure that each student who
has been placed in the State's juvenile justice system is
promptly re-enrolled in secondary school or placed in a re-
entry program that best meets the educational and social
needs of the student;
``(D) contain procedures for facilitating the transfer of
credits that such students earned during placement;
``(E) provide that, to the extent feasible, students will
have the opportunity to participate in higher education or
career pathways; and'';
(2) in section 1416--
(A) by redesignating paragraphs (3), (4), (5), (6), (7) and
(8) as paragraphs (4), (5), (7), (8), (9), and (10),
respectively;
(B) by inserting after paragraph (2) the following:
``(3) includes the development of an initial education
services and transition plan for each child or youth served
under this subpart upon entry into the correctional facility,
in partnership with the child or youth's family members and
the local educational agency that most recently provided
services to the child or youth;'';
(C) by inserting after paragraph (5), as so redesignated by
subparagraph (A), the following:
``(6) describes how the program will consult with the child
or youth's local educational agency for a period jointly
determined necessary by the correctional facility and the
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;'';
(D) in paragraph (9), as so redesignated, by striking
``and'' at the end;
(E) in paragraph (10), as so redesignated, by striking the
period at the end and inserting ``; and''; and
(F) by adding at the end the following:
``(11) includes an assurance that the State agency will
report annually on the number of children and youth released
from the correctional facility or institution who returned or
did not return to school, the number of children and youth
obtaining a secondary school diploma or its recognized
equivalent, and the number of children and youth obtaining
employment.''; and
(3) in section 1425--
(A) by redesignating paragraphs (10) and (11) as paragraphs
(11) and (12), respectively; and
(B) by inserting after paragraph (9) the following:
``(10) where feasible, coordinate with agencies that
provide re-entry services to adjudicated youth;''.
SEC. 113. FOSTER YOUTH.
(a) Amendment.--Part D of title I is amended by adding at
the end the following:
``Subpart 4--Educational Stability of Children in Foster Care
``SEC. 1441. EDUCATIONAL STABILITY OF CHILDREN IN FOSTER
CARE.
``(a) Obligations to Collaborate With Child Welfare
Agencies.--
``(1) In general.--Each State educational agency receiving
assistance under part A shall, in consultation with the State
agency responsible for administering the State plans under
parts B and E of title IV of the Social Security Act (42
U.S.C. 621 et seq., 670 et seq.), develop and implement a
plan to ensure that the following occurs, for each child in
the State, when the child moves to a new school attendance
area as a result of being placed in foster care (as described
in section 1442 (1)), changing foster care placements, or
leaving foster care:
``(A) Attendance at a school of origin.--
``(i) In general.--The child enrolls or remains in the
child's school of origin, unless a determination is made that
it is in the child's best interest to attend a different
school.".
``(ii) Limitation.--A child who leaves foster care shall
only be entitled to remain in the child's school of origin
for the remainder of the school year.
``(B) Immediate enrollment.--When a determination is made
regarding the school that it is in the best interest of a
child in foster care to attend, the child shall be
immediately enrolled in such school, even if the child is
unable to produce records normally required for enrollment,
such as previous academic records, immunization and medical
records, a birth certificate, guardianship records, proof of
residency, or other documentation.
``(C) Records transfer.--Any records ordinarily kept by a
school, including records of immunizations, health
screenings, and other required health records, academic
records, birth certificates, evaluations for special services
or programs, and any individualized education programs (as
defined in section 602 of the Individuals with Disabilities
Education Act (20 U.S.C. 1401)), regarding a child in foster
care shall be--
``(i) maintained so that the records involved are
available, in a timely fashion, when a child in foster care
enters a new school; and
``(ii) immediately transferred to the enrolling school,
even if the child owes fees or fines or was not withdrawn
from previous schools in conformance with local withdrawal
procedures.
``(2) Implementation.--Each State educational agency
receiving assistance under part shall ensure that the plan
described in paragraph (1) is implemented by the local
educational agencies in the State.
``(b) Credit Transfer and Diplomas.--Each State that
receives assistance under part A shall have policies for
ensuring that--
``(1) a child in foster care who is changing schools can
transfer school credits and receive partial credits for
coursework satisfactorily completed while attending a prior
school or educational program;
``(2) a child in foster care is afforded opportunities to
recover school credits lost due to placement instability
while in foster care; and
``(3) a child in foster care who has changed secondary
schools can receive a secondary school diploma either from
one of the schools in which the child was enrolled or through
a State-issued secondary school diploma system, consistent
with State graduation requirements.
``(c) Transportation.--
``(1) In general.--The local educational agency and State
shall, in consultation with the local child welfare agency,
develop and within one year of enactment of this act
implement clear written procedures governing how
transportation to maintain children in foster care in their
school of origin when in their best interest will be
provided, arranged, and funded for the duration of the time
in foster care and through the remainder of the school year
in which the children leave foster care. The procedures shall
ensure that children needing transportation to the school of
origin will promptly receive transportation in a cost
effective manner and in accordance with section 475(1)(G)of
the Social Security Act (42 U.S.C. 675(1)(G).
``(2) Cost of Transportation.--Where the child in foster
care remains in the school of origin pursuant to section
475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)),
and if there are additional costs incurred in providing
transportation to maintain children in their schools of
origin, the local educational agency will provide
transportation to their school of origin if:
``(A) the local child welfare agency agrees to reimburse
the local educational agency for the cost of such
transportation;
``(B) the local educational agency agrees to pay for the
cost of such transportation; or
``(C) the local educational agency and the local child
welfare agency agree to share the cost of such
transportation; or
``(D) Transportation for the remainder of the school
year.--The local educational agency will provide
transportation for the remainder of the academic year in
which a child leaves foster care if whomever the child is
returned to by the child welfare agency requests
transportation and remaining in the school of origin is in
the child's best interest.
``(d) Points of Contact.--
``(1) Local educational agencies.--A State that receives
assistance under part A shall:
``(A) advise each local educational agency in the State of
their option to designate an individual employed by the
agency to serve as a point of contact for the child welfare
agencies responsible for children in foster care enrolled in
the local educational agency and that they must designate
such a point of contact if any such local child welfare
agency provides written notice it has designated an
individual employed by that agency to serve as a point of
contact for the local educational agency;
``(B) ensure that local educational agency points of
contact oversee the implementation of the local educational
agency requirements under this section; and
``(C) ensure that high needs local educational agencies do
not designate the same individual as the point of contact for
children in foster care and the local educational agency
liaison under section 722(g)(1)(J)(ii) of the McKinney-Vento
Homeless Assistance Act.
``(2) State educational agencies.--
``(A) Each State educational agency receiving assistance
under part A shall designate an individual to serve as a
point of contact
[[Page H1412]]
for child welfare agencies and to oversee the implementation
of the State educational agency requirements under this
section.
``(B) A State educational agency's point of contact shall
not be the individual designated as the State's Coordinator
for Education of Homeless Children and Youths under section
722(d)(3) of the McKinney-Vento Homeless Assistance Act.
``SEC. 1442. DEFINITIONS.
``(a) Header.--In this part:
``(1) Child in foster care.--The term `child in foster
care' means a child whose care and placement is the
responsibility of the agency that administers a State plan
under part B or E of title IV of the Social Security Act (42
U.S.C. 621 et seq., 670 et seq.), without regard to whether
foster care maintenance payments are made under section 472
of the Social Security Act (42 U.S.C. 672) on behalf of the
child.
``(2) School attendance area.--The term `school attendance
area' has the meaning given the term in section 1113(a)(2).
``(3) School of origin.--The term `school of origin' means,
with respect to a child in foster care, any of the following:
``(A) The public school in which the child was enrolled
prior to entry into foster care.
``(B) The public school in which the child is enrolled when
a change in foster care placement occurs.
``(C) The public school the child attended when last
permanently housed, as such term is used in section
722(g)(3)(G) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11432(g)(3)(G)), if such child was eligible for
assistance under such Act before the child became a child in
foster care.".''.
(b) Guidance.--Not later than 90 days after the date of
enactment of this Act, the Secretary is directed to issue
guidance on the implementation of part E of title I of this
Act, including how State and local agencies will work
together to ensure that transportation for children in foster
care is provided to the school of origin.
SEC. 114. SCHOOL DROPOUT PREVENTION.
(a) Authorization of Appropriations.--Section 1803 (20
U.S.C. 6553) is amended by striking ``2002'' and inserting
``2016''.
(b) National Activities.--Section 1811(b)(4) (20 U.S.C.
6555(b)(4)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``for all students'';
(2) in subparagraph (A)--
(A) by inserting ``for all students'' before ``in that'';
and
(B) by striking ``or'' at the end;
(3) by redesignating subparagraph (B) as subparagraph (C);
(4) by inserting after subparagraph (A), as so amended, the
following:
``(B) for students in one or more of the subgroups
described in section 1111(c)(3)(A); or''; and
(5) in subparagraph (C), as so amended, by inserting ``for
all students or for students in one or more of the subgroups
described in section 1111(c)(3)(A) with a higher than average
dropout rate'' after ``middle school,''.
(c) Subgrants to Local Educational Agencies.--Section
1822(b)(1) (20 U.S.C. 6561a(b)(1)) is amended--
(1) in subparagraph (D), by inserting before the semicolon
at the end the following: ``, including the development of
early warning indicator systems in middle schools, as
described in section 1116(c)(5)(A)''; and
(2) in subparagraph (H), by inserting before the semicolon
at the end the following: ``, including the creation of
individualized student success plans''.
(d) Applications.--Section 1823(b)(1)(G) (20 U.S.C.
6561b(b)(1)(G)) is amended--
(1) by striking ``about'' and inserting ``and evidence-
based''; and
(2) by striking ``reentry'' and inserting ``reentry
programs''.
(e) Reporting and Accountability.--Section 1830 (20 U.S.C.
6561i(a)(1)) by striking ``race and ethnicity'' and inserting
``each subgroup described in section 111(c)(3)(A)''.
(f) Prohibited Uses of Funds.--Subpart 2 of part H of title
I (20 U.S.C. 6561 et seq.) is amended by adding at the end
the following:
``SEC. 1831. PROHIBITED USES OF FUNDS.
``No funds under this part may be used for--
``(1) the development, establishment, implementation, or
enforcement of zero-tolerance school discipline policies
unless otherwise required by Federal law; or
``(2) law enforcement agencies or local police departments
serving a school or local educational agency--
``(A) with substantial documented excesses or racial
disparities in the use of exclusionary discipline;
``(B) operating under an open school desegregation order,
whether court-ordered or voluntary;
``(C) operating under a pattern or practice or practice
consent decree for civil rights violations; or
``(D) already receiving substantial Federal funds for the
placement of law enforcement in schools.''.
TITLE II--TEACHERS AND LEADERS
SEC. 201. GREAT TEACHERS AND LEADERS.
Title II (20 U.S.C. 6601 et seq.) is amended to read as
follows:
``TITLE II--GREAT TEACHERS AND LEADERS
``SEC. 2001. PURPOSE.
``The purpose of this title is to help States and local
educational agencies support teachers and school leaders to
improve student achievement for all students, including
English learners and students with disabilities, by--
``(1) promoting and enhancing the teaching profession;
``(2) supporting the development of qualified and effective
of teachers and school leaders;
``(3) recruiting, rewarding, and retaining effective
teachers and other school leaders and fostering excellent
instructional teams, especially in high-need local
educational agencies, schools, fields, and subjects;
``(4) providing teachers with the knowledge, skills, data,
support, and collaborative opportunities needed to be
effective in the classroom and to the meet the diverse
learning needs of their students;
``(5) providing all students with access to effective
teachers and school leaders; and
``(6) improving the management of the education workforce
in States and local educational agencies.
``SEC. 2002. DEFINITIONS.
``In this title:
``(1) Career ladders.--The term `career ladders' means
promotion and professional growth opportunities, beyond
moving into administration, for effective teachers, as
determined by the State or local educational agency,
including teacher leaders, instructional or curriculum
specialists, and teacher mentors, who help improve teaching
and learning in a school or local educational agency.
``(2) High-need field.--The term `high-need field' refers
to the fields of special education, bilingual education, and
English language acquisition.
``(3) High-need subject.--The term `high-need subject'
means mathematics, science, and any other content area that
is designated by a State educational agency or the Secretary
as a teacher shortage area.
``(4) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency--
``(A)(i) that serves not fewer than 10,000 children from
families with incomes below the poverty line; or
``(ii) for which not less than 20 percent of the children
served by the agency are from families with incomes below the
poverty line; and
``(B)(i) for which there is a high percentage of teachers
not teaching in the academic subjects or grade levels that
the teachers were trained to teach; or
``(ii) for which there is a high percentage of teachers
with emergency, provisional, or temporary certification or
licensing.
``(5) Qualified teacher.--The term `qualified teacher'
means a teacher who meets the minimum qualifications to teach
in a State and--
``(A) when used with respect to a middle school or high
school teacher who is entering the profession in a State for
the first time, means that the teacher--
``(i) holds at least a bachelor's degree;
``(ii) has demonstrated to the State, content knowledge in
the content area that the teacher will teach as determined--
``(I) by passing a rigorous State assessment; or
``(II) by successful completion of an academic major, a
graduate degree, or coursework equivalent to an undergraduate
academic major in the content area that the teacher will
teach;
``(iii) if required by the State to demonstrate teaching
skills by passing a State teacher performance assessment, has
passed such assessment; and
``(iv) has successfully completed a teacher preparation
program; or
``(v) at the State's discretion, may be enrolled in an
alternative teacher preparation program, and--
``(I) be on track to successful completion of such program;
and
``(II) be supervised by a mentor teacher;
``(B) when used with respect to an elementary school
teacher who is entering the profession in a State for the
first time, means that the teacher--
``(i) holds at least a bachelor's degree;
``(ii) has demonstrated to the State, content knowledge and
teaching skills in reading, writing, mathematics, science,
and other areas of the elementary school curriculum--
``(I) by passing a rigorous State assessment or State-
required test in reading, writing, mathematics, science, and
other areas of the basic elementary school curriculum; or
``(II) by successful completion of an academic major, a
graduate degree, or coursework equivalent to an undergraduate
academic major in the content areas that the teacher will
teach;
``(iii) if required by the State to demonstrate teaching
skills by passing a State teacher performance assessment, has
passed such assessment; and
``(iv) has successfully completed a teacher preparation
program; or
``(v) at the State's discretion, may be enrolled in an
alternative teacher preparation program; and
``(I) be on track to successful completion of such program;
and
``(II) be supervised by a mentor teacher; and
``(C) means any teacher who is highly qualified as defined
in section 9101(23) or section 602(10) of the Individuals
with Disabilities Education Act, as such section was in
effect on the day before the date of enactment of the Student
Success Act.
``(6) Induction.--The term `induction' means a program for
new teachers and new
[[Page H1413]]
school leaders, as appropriate, during at least their first 2
years of practice, that is designed to increase effectiveness
and retention of new teachers and new school leaders, and
that includes--
``(A) high-quality mentoring;
``(B) development of skills and knowledge in areas needed
for new teachers, including, content knowledge and pedagogy,
instructional strategies for teaching students with diverse
learning needs, classroom management (including strategies
that improve the school-wide climate for learning, which may
include positive behavioral interventions and supports),
formative assessment of student learning, and the analysis
and use of student assessment data to improve instruction;
``(C) frequent, structured time for collaboration and
professional development with teachers and school leaders in
the same field, grade, or subject area, and opportunities to
draw directly on the expertise of other school and local
educational agency staff, staff of high-performing pathways,
and other organizations that provide high-quality induction
supports;
``(D) regular and structured observation and feedback by
mentors, school leaders, or effective teachers, as determined
by the State or local educational agency; and
``(E) where feasible, team teaching, reduced teaching load
and activities designed to ensure that teachers have
appropriate teaching tools and instructional materials for
their classroom.
``(7) Mentoring.--The term `mentoring' means the mentoring
of new teachers and school leaders, as appropriate, so as to
increase the effectiveness and retention of those teachers
and school leaders through a program that--
``(A) includes clear criteria for the selection of teacher
and school leaders mentors that take into account a
candidate's effectiveness as a teacher or school leader and
that individual's ability to facilitate adult learning;
``(B) provides high-quality training for the mentors on how
to support new teachers and school leaders effectively;
``(C) provides regularly scheduled time for collaboration
and for examination of student work and achievement data, and
on-going opportunities for mentors and mentees to observe
each other's practice; and
``(D) matches, when possible, each mentee with a mentor who
is in the same field, grade, or subject area as the mentee.
``(8) Professional development.--The term `professional
development' means coordinated and aligned activities with
evidence of increasing effectiveness of educators, which may
include teachers, principals, other school leaders,
specialized instructional support personnel,
paraprofessionals, early childhood educators, and other
school staff that--
``(A) fosters collective responsibility for improved
student performance;
``(B) is comprised of professional learning that--
``(i) aligns with State academic content and achievement
standards and early learning standards, as appropriate, with
local educational agency and school improvement goals and
plans, including those identified under section 1116, and
with school instructional materials;
``(ii) is aligned to a teacher and school leader evaluation
system, where applicable;
``(iii) is conducted among educators at the school and
facilitated by trained school leaders and school-based
professional development coaches, mentors, master teachers,
or other teacher leaders;
``(iv) supports family engagement in their children's
education;
``(v) primarily occurs frequently and during significant
blocks of time among established teams of teachers, school
leaders, and other instructional staff members where the
teams of educators engage in a continuous cycle of
improvement that--
``(I) defines a clear set of educator learning goals based
on the rigorous analysis of data and improves content
knowledge, pedagogical skills, and the ability to analyze and
use data;
``(II) achieves the educator learning goals identified
under subclause (I) by implementing coherent, sustained, and
evidence-based learning strategies, such as lesson study and
the development of formative assessments, that improve
instructional effectiveness and student achievement;
``(III) provides job-embedded coaching or other forms of
assistance to support the transfer of new knowledge and
skills to the classroom;
``(IV) regularly assesses the effectiveness of the
professional development in achieving identified learning
goals, improving teaching, and assisting all students in
meeting challenging State academic achievement standards;
``(V) informs ongoing improvements in teaching and student
learning;
``(VI) may support joint professional development
activities for school staff and early childhood educators
that address the transition to elementary school, including
issues related to school readiness across all major domains
of early learning; and
``(VII) may be supported by external assistance with
relevant expertise, including content expertise; and
``(C) may be supplemented by activities such as courses,
workshops, institutes, networks, and conferences that--
``(i) address the academic goals and objectives established
for professional development by educators and school leaders
at the school level;
``(ii) advance the ongoing school-based professional
development; and
``(iii) are provided for by for-profit and non-profit
entities outside the school such as universities, education
service agencies, technical assistance providers, networks of
content-area specialists, and other education organizations
and associations.
``(9) School leader.--The term `school leader' means a
principal, an assistant principal, administrator or director,
or an individual who is--
``(A) an employee or officer of a school; and
``(B) is responsible for managerial operations,
instructional leadership, or interscholastic athletic
programs of that school.
``(10) School leadership team.--The term `school leadership
team' means a group that includes the principal, other school
leaders, and teachers at a school who work together to
develop school plans or goals for the school.
``(11) State teacher performance assessment.--The term
`State-teacher performance assessment' means a rigorous
assessment used to measure teacher performance that is
developed and approved in collaboration with teachers, and
administered by the State and--
``(A) is based on professional teaching standards;
``(B) are aligned to State academic content and achievement
and early learning standards;
``(C) is used to document the effectiveness of a
teacher's--
``(i) curriculum planning;
``(ii) instruction of students, including appropriate
supports for students who are English learners and students
who are children with disabilities; and
``(iii) assessment of students, including analysis of
evidence of student learning;
``(D) is validated based on professional assessment
standards;
``(E) is regularly monitored to ensure the quality,
reliability, validity, fairness, consistency, and objectivity
of the evaluators' determinations;
``(F) is reliably scored by trained evaluators with
appropriate oversight of the process to ensure consistency;
and
``(G) the results of which are used to support continuous
improvement of educator practice.
``(12) Teaching residency program.--The term `teaching
residency program' means a school-based teacher preparation
program in which a prospective teacher--
``(A) teaches alongside a mentor teacher, who is the
teacher of record, for at least one year;
``(B) receives concurrent instruction in the teaching of
the content area in which the teacher will become certified
or licensed;
``(C) receives concurrent instruction in effective teaching
skills; and
``(D) attains full State teacher certification or
licensure, and becomes qualified prior to, or upon,
completion of the program.
``(13) Evidence of classroom practice.--The term `evidence
of classroom practice' means evidence gathered through
multiple formats and from multiple sources that demonstrate
effective teaching skills and--
``(A) shall include--
``(i) multiple classroom observations based on rigorous
teacher performance standards or rubrics and conducted by
trained personnel;
``(ii) information on the teacher's successful use of data
to improve instruction and demonstrate evidence of student
learning;
``(iii) student work, lesson plans, feedback provided to
students and teacher developed classroom assessments;
``(iv) demonstration of professional responsibility; and
``(B) may include, but which shall have a weight that is
less than the weight assigned to the requirements described
in subparagraph (A)--
``(i) videos of teacher practice;
``(ii) teacher portfolios; and
``(iii) parent, student, and peer feedback.
``(14) Evidence of school leadership.--The term `evidence
of school leadership' means evidence gathered through
multiple formats and from multiple sources that shall include
an evaluation of--
``(A) data on student learning gains, including evidence of
student learning;
``(B) gains in student achievement, including passage of
required exams for course progression, credit accumulation,
completion of promotion standards, and graduation rates;
``(C) increases in student attendance rates;
``(D) percentage of effective teachers on staff;
``(E) retention rates of effective teachers as determined
by the State or local educational agency;
``(F) evidence of successful alignment of teacher
evaluation with professional development and teacher support;
``(G) demonstration of instructional leadership, including
use of data and assessment to inform decision-making;
``(H) demonstration of effective fiscal management, where
applicable;
``(I) evidence of effective community and parent
engagement;
``(J) improved teacher attendance rates;
``(K) establishment of learning communities where school
leaders and teachers--
``(i) share a school mission and goals with an explicit
vision of quality teaching and learning that guides all
instructional decisions;
[[Page H1414]]
``(ii) commit to improving student outcomes and
performances;
``(iii) set a continuous cycle of collective inquiry and
improvement;
``(iv) foster a culture of collaboration where teachers and
school leaders work together on a regular basis to analyze
and improve teaching and learning; and
``(v) support and share leadership; and
``(L) develop and maintain a positive school culture where
students, teachers and other staff are motivated to
collaborate and work together to achieve goals.
``(15) Evidence of student learning.--The term `evidence of
student learning' means data that shall be based on multiple,
valid and reliable indicators of student academic growth
towards State content and achievement standards, which shall
be based significantly on--
``(A) student learning gains on the State student academic
assessments under section 1111(c) and, for grades and
subjects not covered by the State's student academic
assessments, another valid and reliable assessment of student
academic achievement, as long as the assessment is used
consistently by the local educational agency for the grade or
class for which the assessment is administered; and
``(B) other evidence of student learning that is comparable
across schools within an local educational agency such as--
``(i) formative and summative assessments;
``(ii) objective performance-based assessments; and
``(iii) representative samples of student work, including
progress towards performance standards and evidence of
student growth.
``(16) Mentor principal.--The term `mentor principal' means
an individual with--
``(A) Strong instructional leadership skills in an
elementary school or secondary school setting;
``(B) Strong verbal and written communication skills, which
may be demonstrated by performance on appropriate
assessments; and
``(C) Knowledge and skills to--
``(i) establish and maintain a professional learning
community that effectively utilizes data to improve the
school culture and personalize instruction to increase
student achievement;
``(ii) create and maintain a learning culture within the
school that provides a climate conducive to the development
of all members of the school community, including one of
continuous learning for adults tied to student learning and
other school goals;
``(iii) engage in continuous professional development,
utilizing a combination of academic study, developmental
simulation exercises, self-reflection, mentorship and
internship;
``(iv) understand youth development appropriate to the age
level served by the school and from this knowledge sets high
expectations and standards for the academic, social,
emotional and physical development of all students; and
``(v) actively engage the community to create shared
responsibility for student academic performance and
successful development.
``PART A--EFFECTIVE TEACHER AND LEADER STATE GRANTS
``SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $3,500,000,000
for fiscal year 2016, and such sums as may be necessary for
each of the 5 succeeding fiscal years, to carry out this
part.
``Subpart 1--Grants to States
``SEC. 2111. ALLOCATIONS TO STATES.
``(a) Reservations.--From the amounts made available under
section 2101 for this subpart for each fiscal year, the
Secretary shall reserve--
``(1) one-half of one percent for the outlying areas, to be
distributed among the outlying areas on the basis of their
relative need, as determined by the Secretary, for activities
consistent with the purposes of this title;
``(2) one-half of one percent for the Secretary of the
Interior, for activities, consistent with the purposes of
this title described in section 2001, in schools operated by
or funded by the Bureau of Indian Education; and
``(3) one-half of one percent for a competitive grant
program to encourage consortia of States to develop
instructional supports aligned to new college- and career-
ready standards that are made widely available to all States
and local educational agencies.
``(b) Allotments to States, Reductions.--
``(1) In general.--From the amounts made available under
section 2101 for this subpart for each fiscal year that
remain after the Secretary reserves funds under subsection
(a) of this section, the Secretary shall allot to each State
with an approved application under section 2112 the sum of--
``(A) an amount that bears the same relationship to 35
percent of the remaining amount as the number of individuals
age five through 17 in the State, as determined by the
Secretary on the basis of the most recent satisfactory data,
bears to the number of those individuals in all such States,
as so determined; and
``(B) an amount that bears the same relationship to 65
percent of the remaining amount as the number of individuals
age five through 17 from families with incomes below the
poverty line, in the State, as determined by the Secretary on
the basis of the most recent satisfactory data, bears to the
number of those individuals in all such States, as so
determined.
``(2) Fiscal year 2016.--Notwithstanding paragraph (1), for
fiscal year 2016, no State shall receive less than 90 percent
of the State's allocation under this part for fiscal year
2015, as such part was in effect on the day before the date
of enactment of the Student Success Act.
``(3) Succeeding fiscal years.--Notwithstanding paragraph
(1), for fiscal year 2016 and each succeeding fiscal year, no
State shall receive an allotment under paragraph (1) that is
less than 90 percent of the State's allotment under such
paragraph for the preceding fiscal year.
``(c) Ratable Reductions.--If the funds made available to
carry out paragraph (1) of subsection (b) are insufficient to
pay the full amounts that all States are eligible to receive
under subparagraph (2) or (3) of such subsection for any
fiscal year, the Secretary shall ratably reduce each such
amount for such fiscal year.
``(d) Reallotments.--If any State does not apply for an
allotment under this section, or has its application
disapproved by the Secretary, the Secretary shall reallot the
amount of that State's allotment to the remaining States that
have approved applications in accordance with this subpart.
``SEC. 2112. STATE APPLICATIONS.
``(a) In General.--For a State to be eligible to receive a
grant under this part, the State educational agency shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
reasonably require. The Secretary shall provide the State
educational agency with the opportunity to apply for funds
under this part and part B through a consolidated
application.
``(b) Contents.--Each application submitted under this
section shall include the following--
``(1) descriptions of any systems of teacher and principal
evaluation in the State, including whether each system--
``(A) is designed primarily to--
``(i) increase student learning and improve instruction for
students;
``(ii) inform professional development for teachers and
school leaders and support interventions for students; and
``(iii) provide on-going and timely, individual and
meaningful feedback, and substantive support to the teacher
or school leader;
``(B) is developed, implemented, and adopted in
collaboration with teachers, school leaders, and other
education stakeholders;
``(C) includes--
``(i) multiple measures of teacher and school leader
performance, including--
``(I) in the case of teachers, evidence of classroom
practice; and
``(II) in the case of school leaders, evidence of school
leadership and effective and efficient school program
administration;
``(ii) evidence of student learning;
``(iii) contributions to student growth including higher
order thinking skills, citizenship, and social and emotional
development; and
``(iv) differentiated levels of teacher and school leader
performance that are clearly articulated;
``(D) provides results that are comparable and consistent
across all teachers and school leaders within a local
educational agency consistent with section 2301 that reflect
the ages and grades being taught and consistent within
individual grade levels and subject areas in each local
educational agency;
``(E) evaluates, annually, each teacher and school leader
in the local educational agency and takes into consideration
the experience and performance level of the teacher or school
leader;
``(F) uses evaluation results to inform--
``(i) professional improvement plans for teachers and
school leaders, which shall be developed in collaboration
with teachers and school leaders, that are appropriate to the
level of the individual being evaluated, including support
and timelines to carry out each plan; and
``(ii) comprehensive support, mentoring, interventions and
timelines to carry out each plan; and
``(G) establishes appropriate training for evaluators and
staff being evaluated including--
``(i) a clear articulation of the evaluation system and the
process, systems, ratings, and the implications of the
results provided to teachers and school leaders;
``(ii) how the system provides teachers and principals the
opportunity and assistance to improve consistent with
subparagraph (F)(i); and
``(iii) how to identify working conditions that affect
teaching and learning, such as facilities and resources, and
school climate and safety, and isolating educator impact on
student outcomes from these factors;
``(2) a description of how the State educational agency
will ensure that within 4 years of the date of enactment of
the Student Success Act, each local educational agency in the
State that receives a subgrant under subpart 2 makes public
the results of an evaluation system if applicable;
``(3) a description of how, within 2 years of the date of
enactment of the Student Success Act, each local educational
agency in
[[Page H1415]]
the State that receives a subgrant under subpart 2 shall
conduct an annual assessment of educator support and working
conditions that--
``(A) evaluates supports for teachers, leaders, and other
school personnel, such as--
``(i) teacher and school leader perceptions of availability
of high-quality professional development and instructional
materials and opportunities for collaboration;
``(ii) timely availability of data on student academic
achievement and growth;
``(iii) the presence of high-quality instructional
leadership; and
``(iv) opportunities for professional growth such as career
ladders and mentoring and induction programs;
``(B) evaluates working conditions for teachers, school
leaders and other school personnel, such as--
``(i) school climate;
``(ii) school safety;
``(iii) class size;
``(iv) availability and use of common planning time and
opportunities to collaborate; and
``(v) family and community engagement;
``(C) is developed with teachers, school leaders and other
school personnel, parents, students, and the community;
``(D) develops and implements a plan with the groups
described in subparagraph (C) and with, at a minimum, annual
benchmarks to address the results of the assessment carried
described in this paragraph; and
``(E) publicly reports on the results of the evaluations
described in subparagraph (A) and (B) and the plan described
in subparagraph (C);
``(4) a description of the educator supports the State has
developed to assist in the implementation of new college- and
career-ready standards, as described in section 1111(b)(2),
including the State's plan for making those supports
available to its local educational agencies and for
prioritizing the introduction of those supports, in
conjunction with the appropriate local educational agency,
into the State's lowest performing schools;
``(5) a description of how a State will develop and
implement a plan for the equitable distribution of teachers
and principals that--
``(A) low-income and minority students are not--
``(i) taught at higher rates than are other students by
teachers not deemed qualified or who are rated in the lowest
evaluation categories, where applicable; and
``(ii) assigned at higher rates than are other students to
schools administered by principals who have been rated in the
lowest evaluation rating categories, where applicable;
``(B) includes--
``(i) percentage of effective teachers, as determined by
the State or local educational agency, for schools in the top
quartile of poverty against the schools in the bottom
quartile of poverty;
``(ii) percentage of effective teachers, as determined by
the State or local educational agency, for schools in the top
quartile in percentage of minority students against the
bottom quartile of percentage of minority students;
``(iii) specific and measurable goals and strategies to
close gaps identified in the plan; and
``(C) uses a combined measure of indicators such as a
composite to carry out the plan described in this paragraph
that--
``(i) shall include--
``(I) the percentage of first year teachers; and
``(II) the percentage of qualified teachers; and
``(ii) may include--
``(I) with respect to middle schools and high schools, the
percentage of core academic courses taught by teachers who
have met State licensure requirements for such courses;
``(II) the percentage of teachers whose licensure exam
scores fall one standard deviation above passing score of
teachers within the State;
``(III) the percent of teachers with more than 10 absences
over the course of the school year; and
``(IV) the percentage of teachers hired after the first day
of school;
``(6) the State definition of teacher-of-record, how local
educational agencies report to the State on the teacher-of-
record, and how the definition is used to ensure equitable
distribution of effective and highly effective teachers;
``(7) a description of how the State educational agency
will develop and implement professional development that
prepares teachers and school leaders to support, educate, and
properly implement accommodations for students with
disabilities;
``(8) a description of how the State will establish and
maintain a data system that within 3 years after the date of
enactment of the Student Success Act--
``(A) supports data sharing among local educational
agencies and a teacher and school leader preparation program
described in section 200(6)(A)(IV) of the Higher Education
Act of 1965, as amended by section 202 of the Student Success
Act, on the program's graduates' students', which may include
data on evidence of student learning; and
``(B) publically reports the percentage of effective
teachers and school leaders, as determined by the State or
local educational agency, by preparation program;
``(9) a description of the State's plan to--
``(A) implement the plan within the required timelines,
including annual benchmarks for implementation; and
``(B) report annually to the Secretary on its progress
implementing the plan and meeting annual benchmarks outlined
under subparagraph (A);
``(10) the State's definition of, or standards and criteria
for--
``(A) a qualified teacher; and
``(B) an effective teacher;
``(11) a description of any performance measures in
addition to those described in subpart 4 that the State will
use to measure the performance of the State and of each local
educational agency that receives a subgrant under subpart 2;
and
``(12) a description of how the State will carry out the
activities outlined in section 2113.
``(c) Compliance and Disapproval.--If the Secretary finds
that a State's application does not comply in whole or in
part with the requirements of this subpart, the Secretary
shall--
``(1) notify the State regarding the specific provisions in
the application that do not comply with the requirements of
this subpart;
``(2) request any additional information needed to
determine whether the application will comply with the
requirements of this subpart; and
``(3) before disapproving the application, give the State
notice and an opportunity for a hearing.
``SEC. 2113. STATE USES OF FUNDS.
``(a) In General.--A State that receives a grant under this
subpart shall use--
``(1) 90 percent of the grant funds to award subgrants
under subpart 2 to local educational agencies with approved
applications under section 2122;
``(2) not more than 5 percent of the grant funds, to plan
and administer the activities of the State under this
subpart, including the awarding of the subgrants under
subpart 2 and the monitoring and enforcement of the
requirements for the subgrants, including developing or
improving any teacher and principal evaluation systems that
are based in part on evidence of student learning and other
measures determined by the State.
``(3) at least 2 percent of the grant funds to activities
designed to recruit, support, and retain effective principals
for high-need and low-performing schools, such as--
``(A) strengthening principal preparation programs to
ensure that they are highly selective, include in-depth
residency for at least one year or field-based experience in
a high-need or low-performing school, and provide induction
or other support for at least the first year of a principal's
service, including coaching from a mentor principal in
instructional leadership and organizational management;
``(B) provide training in school and personnel management,
including management of the organization, staff and
resources, developing a school climate and instructional
program, developing effective relationships with community
and parents, and using student-level and school level-data to
inform decision-making;
``(C) training on child development, improving instruction
and closing achievement gaps;
``(D) providing compensation incentives to attract, retain,
and reward effective principals and other school leaders for
high-need and low-performing schools;
``(E) developing teacher career ladders with a performance-
based selection process that distribute school leadership
responsibilities and develop a pipeline of individuals who
gain the experience necessary to become an effective
principal; and
``(F) activities to improve the effectiveness of school
superintendents, principal supervisors, human resources
directors, and other local educational agency managers; and
``(4) use any remaining funds reserved at the State level
to--
``(A) carry out any other activities designed to help the
State make progress toward carrying out the purposes of this
title and showing improvement on the performance measures
described in subpart 4 and any additional measures described
in the State's application, including activities designed
to--
``(i) align the State's professional teaching standards,
teacher and school leader certification or licensure
requirements, teacher-preparation programs, and professional-
development requirements with kindergarten-through-grade-12
academic content and achievement standards that build toward
college-and-career-readiness;
``(ii) reform teacher and school leader compensation,
including by modifying policies and practices and providing
technical assistance to local educational agencies, in order
to enable those agencies to recruit, reward, and retain
effective teachers and school leaders in high-need schools,
fields, subjects, and areas;
``(iii) support the training of teachers, principals, and
other school leaders in meeting the diverse learning needs of
their students, including through universal design for
learning, as described in section 5429(b)(21), and multi-
tiered system of supports and language acquisition
instruction;
``(iv) support the training of teachers, principals, and
other school leaders in effectively integrating technology
(including technology for students with disabilities) into
curricula and instruction and in how to use technology for
on-line communication and for collaboration and data
analysis;
[[Page H1416]]
``(v) strengthen human resource systems in local
educational agencies to recruit, train, hire, and place
individuals who are or are most likely to be effective
teachers and principals, provide effective teachers and
principals with support and development opportunities focused
on increasing student achievement, and retain effective
teachers and school leaders over time by creating school
environments that enable excellent teaching including through
strategies such as distributed leadership, time for
collaboration and use of student data for job-embedded
professional development;
``(vi) develop and provide professional development,
including through joint professional development
opportunities, for early childhood educators, teachers,
principals, specialized instructional support personnel, and
other school leaders;
``(vii) provide professional development for teachers and
school leaders in the State to support, educate, and properly
implement accommodations for students with disabilities;
``(viii) develop and implement policies and practices that
position the State to be a competitive applicant for grants
under part B of this title;
``(ix) support the training of teachers, principals, and
other school leaders on how to accelerate the learning of
students who are performing below grade level; and
``(x) provide professional development for teachers,
principals and other school leaders in early elementary
grades that includes specialized knowledge about child
development and learning, developmentally-appropriate
curricula and teaching practices, meaningful family
engagement and collaboration with early care and education
programs;
``(B) provide technical assistance, as necessary, to each
local educational agency that receives a subgrant under
subpart 2, in order to help the local educational agency
improve performance on the measures described in subpart 4;
``(C) establish policies and practices to ensure the
quality of the data reported under this part and the
effectiveness of the methods used to analyze those data; and
``(D) develop and disseminate the State report card
required under subpart 4, and use the information in the
report card to guide efforts under this title.
``(b) Supplement, Not Supplant.--Funds received under this
subpart shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be used for activities
authorized under this subpart.
``Subpart 2--Subgrants to Local Educational Agencies
``SEC. 2121. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) In General.--Each State educational agency that
receives an allocation under subpart 1 shall allocate to each
local educational agency in the State that has an application
approved by the State under section 2122 the sum of--
``(1) the amount that bears the same relationship to 20
percent of the amount allocated to the State educational
agency as the number of individuals age 5 through 17 in the
geographic area served by the agency, as determined by the
Secretary on the basis of the most recent satisfactory data,
bears to the number of those individuals in the geographic
areas served by all such local educational agencies in the
State, as so determined; and
``(2) the amount that bears the same relationship to 80
percent of the amount allocated to the State educational
agency as the number of individuals age 5 through 17 from
families with incomes below the poverty line in the
geographic area served by the agency, as determined by the
Secretary on the basis of the most recent satisfactory data,
bears to the number of those individuals in the geographic
areas served by all such local educational agencies in the
State, as so determined.
``(b) Minimum Allotments.--
``(1) Fiscal year 2016.--For fiscal year 2016, no local
educational agency shall receive an allocation under
subsection (a) that is less than 90 percent of the allocation
the local educational agency received under this part for
fiscal year 2015, as this part was in effect on the day
before the date of enactment of the Student Success Act.
``(2) Subsequent fiscal years.--For fiscal year 2017 and
each succeeding fiscal year, no local educational agency
receiving an allotment under subsection (a) shall receive
less than 90 percent of the allotment the local educational
agency received under this subpart for the preceding fiscal
year.
``(c) Ratable Reduction.--If the funds described in
subsection (a) are insufficient to pay the full amounts that
all local educational agencies are eligible to receive under
subsection (b) for any fiscal year, the State shall ratably
reduce such amounts for such fiscal year.
``SEC. 2122. LOCAL EDUCATIONAL AGENCY NEEDS ASSESSMENT AND
APPLICATIONS.
``(a) In General.--To receive a subgrant under this subpart
a local educational agency shall--
``(1) submit an application to the State educational agency
involved at such time, in such manner, and containing such
information and assurances as the State educational agency
may reasonably require; and
``(2) conduct, in developing its application, and with the
involvement of teachers, principals, and other stakeholders,
as applicable, an assessment of educator support and working
conditions consistent with section 2112(b)(3), in the areas
set forth under the performance measures described in subpart
4, identified under the school improvement plans under
section 1116, as applicable, and the needs of schools
receiving funds under title I.
``(b) Contents.--Each application submitted under this
section shall include--
``(1) a description of--
``(A) the results of the needs assessment conducted under
subsection (a)(2);
``(B) the performance measures and activities the local
educational agency will use to address the needs identified
under the assessment;
``(C) the local educational agency's plan for using the
subgrant under this subpart, and other local, State, and
Federal funds, to ensure the equitable distribution of
teachers and principals, within the local educational agency
so that low-income and minority students are not--
``(i) taught at higher rates than are other students by
teachers not deemed qualified and who are not effective, as
determined by the State or local educational agency;
``(ii) assigned to schools administered by principals who
not effective, as determined by the State or local
educational agency, at higher rates than other students
within the local educational agency;
``(D) the local educational agency's plan for using the
subgrant under this subpart to support teachers in meeting
the diverse learning needs of all their students, including
through universal design for learning, as described in
section 5429(b)(21), and multi-tiered system of supports and
language acquisition; and
``(E) a description of the educator supports the local
educational agency will provide to assist with the
implementation of new college- and career-ready standards and
early learning standards, including the local educational
agency's plan for prioritizing the introduction of those
supports in its lowest performing schools;
``(F) a description of how the local educational agency
will, as appropriate, involve in the delivery of activities
and services under this part, external providers that have
demonstrated expertise and experience in using evidence-based
strategies and programs to deliver evidence-based
professional development and to raise the quality of teaching
and school leadership; and
``(2) an assurance that, within 5 years of receiving a
subgrant under this subpart, the local educational agency
will--
``(A) conduct a second needs assessment, with the
involvement of teachers, principals, and other stakeholders,
as applicable, in the areas set forth in subpart 4 and
identified in plans under section 1116, as applicable,
particularly the needs of schools receiving funds under title
I; and
``(B) submit a revised application to the State, consistent
with the requirements of this section.
``SEC. 2123. LOCAL EDUCATIONAL AGENCY USES OF FUNDS.
``(a) Use of Funds.--Subject to the requirements of the
State consistent with section 2112(a), a local educational
agency that receives a subgrant under this subpart shall,
directly, or with other local educational agencies or the
State educational agency, use the subgrant funds for
activities designed to increase academic achievement for all
students, including English learners and students with
disabilities, by increasing the number and percentage of
effective teachers and principals, as determined by the State
or local educational agency, and to ensure the equitable
distribution of effective teachers and school leaders through
activities that--
``(1) develop and implement, or improve, where applicable,
a teacher and principal evaluation system;
``(2) provide meaningful feedback to teachers and
principals on evaluation results, where applicable, and use
those results in making decisions, including about
professional development;
``(3) recruit teachers who are qualified and teachers and
principals who are effective, as determined by the State or
local educational agency, especially teachers and principals
who are needed for high-need and low-performing schools and
high-need fields and subjects, including teachers and
principals who come from underrepresented backgrounds;
``(4) implement the assessment of educator support and
working conditions in accordance with section 2112(b)(3);
``(5) implement the local educational agency's plan for
ensuring the equitable distribution of effective teachers and
principals, as determined by the State or local educational
agency, who have been rated by the teacher and principal
evaluation system as at least effective;
``(6) develop and implement an induction program that is
designed to increase the effectiveness of new teachers and
retain effective teachers, especially in high-need and low-
performing schools, such as a program that provides reduced
teaching assignments for new teachers, training for
instructional coaches or mentors who will participate in
induction activities, access to on-line support systems, and
frequent feedback to promote continuous learning and
instructional improvement;
``(7) work toward reducing class size for kindergarten
through third grade by an amount and to a level consistent
with what research has found to improve student academic
achievement at a minimum in the schools in the lowest
quartile of poverty in the local educational agency;
[[Page H1417]]
``(8) improve within-school equity in the distribution of
effective teachers, as determined by the State or local
educational agency, so that low-income and minority students
are not taught at higher rates than are other students by
teachers rated in one of the two lowest evaluation rating
categories, where applicable;
``(9) plan and administer activities carried out under this
subpart, including other activities to improve effectiveness
and the equity of distribution as required in accordance with
the local educational agency's needs assessments under
subsection (a)(2);
``(10) develop a plan to expand and improve the capacity of
the local educational agency to recruit, select, train,
evaluate, and develop effective staff, teachers, school
leaders, and school leader managers to work at or with
schools identified for improvement under section 1116;
``(11) develop and implement professional development,
including to assist teachers in supporting, educating, and
properly implementing accommodations for students with
different learning styles, particularly students with
disabilities, English learners, and gifted and talented
students;
``(12) develop a plan to improve the management of school
leaders and to address the barriers in schools served by the
local educational agency;
``(13) recruit, train, and support teacher leaders or
principals for high-need schools; and
``(14) provide meaningful support to principals and their
instructional leadership teams.
``(b) Supplement, Not Supplant.--Funds received under this
subpart shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be used for activities
authorized under this subpart.
``(c) Rule of Construction.--Nothing in this subpart shall
be construed to require a local educational agency to
transfer school personnel in order to comply with the
requirements of this part.
``Subpart 3--National Leadership Activities
``SEC. 2131. NATIONAL LEADERSHIP ACTIVITIES.
``From the funds made available under section 2101 for this
subpart for any fiscal year, the Secretary may to reserve up
to 3 percent for research, development, technical assistance,
outreach, and dissemination activities, carried out either
directly or through grants, contracts, or cooperative
agreements. Such activities may include--
``(1) activities to strengthen teacher and principal
evaluation, including establishing a national center to
gather, provide benchmarks on, and disseminate best practices
and provide technical assistance on teacher and principal
evaluation so as to support States and local educational
agencies in developing robust and reliable evaluation systems
that take evidence of student learning, as defined in section
2002(15) into account;
``(2) direct assistance to nonprofit organizations to
enhance their support for local educational agencies and
schools, including to community-based organizations that can
support multiple local educational agencies in strengthening
their teacher and principal pipelines and human-resource
practices and provide professional enhancement activities,
including advanced credentialing and high-quality, sustained
professional development targeted to low-performing schools;
``(3) activities to support development of a leadership
academy to train school leaders in effective school
management and instructional leadership, with a primary focus
on turning around low-performing schools, including--
``(A) effective management of the organization, staff, and
resources;
``(B) developing a school climate and instructional program
and related evidence-based professional development aligned
to the needs of the students and school;
``(C) effective relationships with community and parents;
and
``(D) using student-level and school level-data to inform
decision-making;
``(4) activities to strengthen evaluation of
superintendents including developing model evaluations; and
``(5) activities to support pay for success initiatives to
meet the purposes of this part.
``Subpart 4--Accountability
``SEC. 2141. EQUITY ACCOUNTABILITY.
``(a) State Requirements.--
``(1) In general.--Each State that receives a grant under
subpart 1 shall--
``(A) in a case in which the comparisons conducted under
section 2112(b)(5) of the State plan indicate the
inequalities described in paragraph (2) with respect to high-
poverty and high-minority local educational agencies--
``(i) in consultation with the local educational agencies
in the State, established 2, 4 and 5 year improvement goals
that will substantially reduce or eliminate the inequities in
the schools of such high-poverty and high-minority local
educational agencies; and
``(ii) establish a support plan to assist such high-poverty
and high-minority local educational agencies meet such
improvement goals; and
``(B) in a case in which a high-poverty and high-minority
local educational agency has not achieved the 2-year
improvement goals established under subparagraph (A)(i), use
2.5 percent of the grant funds received under subpart 2 to
carry out the activities described in subparagraph (A).
``(2) Inequalities.--The inequalities described in this
paragraph are as follows:
``(A) Students in high poverty and high minority local
educational agencies in the State were being taught at higher
rates by teachers rated in the lowest two quartiles based on
the combined measure established under section 2112(b)(5)(C)
compared to students in low poverty and low minority local
educational agencies in the State.
``(B) Students in high poverty and high minority local
educational agencies are being taught at higher rates by
teachers who are not effective as determined by the State or
local educational agency, as compared to students in low
poverty and low minority local educational agencies.
``(b) Local Educational Agency Requirements.--
``(1) In general.--Subject to paragraph (3), a high-poverty
or high-minority local educational agency described in
paragraph (2) and with respect to which a State established
improvement goals under subsection (a)(1)(A)(i), shall--
``(A) in a case in which the local educational agency fails
to meet its 2 year improvement goals established under such
subsection, use all funds made available through the subgrant
to carry out the activities described in section 2112(b)(5);
``(B) in a case in which the local educational agency fails
to meet its 4 year improvement goals established under such
subsection--
``(i) receive a subgrant from the State under subpart 2
equal to not more than 50 percent of the subgrant received by
the local educational agency in the preceding year under such
subpart; and
``(ii) make non-Federal contributions in an amount equal to
not less than the Federal funds provided under the subgrant;
and
``(C) in a case in which the local educational agency fails
to meet its 5 year improvement goals established under such
subsection, the local educational agency shall be prohibited
from receiving a subgrant subpart 2.
``(2) Description of local educational agencies.--A local
educational agency described in this paragraph is a local
educational agency that--
``(A) students in high poverty and high minority schools
are being taught at higher rates by teachers rated in the
lowest two quartiles based on the combined measure
established under section 2112(b)(5)(C) compared to students
in low poverty and low minority schools; and
``(B) students in high poverty and high minority schools
are being taught at higher rates by teachers who are not
effective, as determined by the State or local educational
agency, compared to students in low poverty and low minority
schools.
``(3) Exception.--Paragraph (1) shall not apply to high
poverty and high minority schools where students are being
taught at higher rates who are not effective, as determined
by the State or local educational agency, compared to
students in low poverty and low minority schools in the local
educational agency if the performance of the high poverty or
high minority school's students, including each group of
students described in section 1111(b)(2)(C)(v)(II), on the
State's annual student academic assessments has exceeded the
statewide average performance for students overall in that
subject for at least the previous 2 years.
``(4) Inapplicability.--This section shall not apply to a
local educational agency that does not have more than one
building for each grade span.
``(5) Transitional compliance.--Beginning on the date of
enactment of the Student Success Act, for no more than 4 full
school years a local educational agency shall be deemed to be
in compliance with this section for any school year, if the
teachers hired to fill vacancies in local education agencies
served under this part, improve the equity in distribution of
effective teachers, as determined by the State or local
educational agency, between students served by high poverty
or high minority schools and students served by low poverty
or low minority schools as described in paragraph (2).
``(6) Waiver.--A local educational agency may apply to the
Secretary for a temporary waiver of the requirements of this
section in the case of a natural disaster or unpredictable or
significant personnel assignments that occur after the
beginning of a school year that would affect determination of
compliance with this section.
``(7) Rules of construction.--Nothing in this section shall
be construed to require a local educational agency to
transfer school personnel in order to comply with this
section.
``Subpart 5--Public Reporting
``SEC. 2151. PUBLIC REPORTING.
``(a) In General.--
``(1) State report card.--Each State that receives a grant
under subpart 1 shall annually submit to the Secretary, and
make public, a State report card on program performance and
results under the grant, in a manner prescribed by the
Secretary and containing, analyzing, and updating the
information required under subsection (b).
``(2) Local educational agency report.--Each local
educational agency that receives a subgrant under subpart 2
shall annually submit to the State, and make public--
``(A) a report on the local educational agency's program
performance and results under the subgrant, in a manner
prescribed by the State or the Secretary, containing,
[[Page H1418]]
analyzing, and updating the information required under
subsection (c); and
``(B) the notifications to parents described in subsection
(d).
``(3) Privacy.--Information required under this subpart
shall be collected, reported, and disseminated in a manner
that protects the privacy of individuals.
``(b) State Report Card Requirements.--Each State described
in subsection (a)(1) shall report the following information
in accordance with such subsection:
``(1) With respect to the State overall and for each local
educational agency in the State, disaggregated by poverty
quartile and minority quartile--
``(A) the number and percentage of teachers and principals,
for each grant year, who--
``(i) are classified as qualified;
``(ii) are effective, where applicable;
``(iii) have taught for less than one full school year; and
``(iv) have demonstrated content knowledge in the subject
or subjects the teachers are assigned to teach;
``(B) with respect to middle and high schools, the
percentage of core academic courses taught by teachers who
have met State licensure requirements for that course;
``(C) information required under equitable distribution
plans for the State and each local educational agency under
sections 2112(b)(5) and 2123(a), respectively;
``(D) staff retention rates for effective teachers, as
determined by the State or local educational agency; and
``(E) any other performance measures the State is using to
measure the performance of local educational agencies that
receive a subgrant under subpart 2.
``(2) Results of the data collection reporting under
section 2112(b)(7).
``(3) Progress towards meeting the equitable distribution
requirements under section 2112(b)(5).
``(4) Results of the assessment of educator support and
working conditions described in section 2112(b)(3).
``(5) Results of the needs assessment required under
subpart 2 by each school in the State and compared to the
rubric which was used to conduct the needs assessment.
``(c) Local Educational Agency Report Card Requirements.--
Each local educational described in subsection (a)(2) shall
report the following information, for each grant year, in
accordance with such subsection:
``(1) With respect to the local educational agency overall
and for schools in the agency by poverty quartile and
minority quartile--
``(A) the number and percentage of teachers and principals,
for each grant year, who--
``(i) are classified as qualified;
``(ii) are effective, as determined by the State or local
educational agency;
``(iii) have taught for less than one full school year; and
``(iv) have demonstrated content knowledge in the subject
or subjects the teachers are assigned to teach; and
``(B) with respect to middle school and high school, the
percentage of core academic courses taught by teachers who
have met State licensure requirements for that course.
``(d) Parents' Right to Know.--Each local educational
agency that receives a subgrant under subpart 2 shall ensure
that each school served by the local educational agency
provides, on an annual basis and at the beginning of the
school year--
``(1) the teacher's qualified status based on the
definition under section 2002(5), including whether the
teacher meets the status based on the requirement in
subparagraph (A)(v) of such section; and
``(2) in local educational agencies withe teacher
evaluation systems--
``(A) written notification to the parent of each student
who has, for 2 consecutive years, been assigned an
ineffective teacher, as determined by the State or local
educational agency, that such student has been so assigned;
and
``(B) a description of--
``(i) the supports the school and local educational agency
will offer the student to compensate for the teacher
assignment;
``(ii) the local educational agency's plan for ensuring
this assignment pattern does not continue; and
``(iii) the teacher's qualified status based on the
definition under section 2002(5), including whether the
teacher meets the status based on the requirement in
subparagraph (A)(v) of such section.
``PART B--TEACHER AND LEADER INNOVATION FUND
``SEC. 2201. TEACHER AND LEADER INNOVATION FUND.
``The purpose of this part is to support States and local
educational agencies in improving the effectiveness of their
teachers and school leaders, especially those teachers and
school leaders working in high-need schools, by creating the
conditions needed to identify, recruit, prepare, retain,
reward, and advance effective teachers, principals, and
school leadership teams in such schools.
``SEC. 2202. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
$950,000,000 for fiscal year 2016 and such sums as may be
necessary for each of the 5 succeeding fiscal years to carry
out this part.
``(b) Continuation.--From the funds made available under
subsection (a), the Secretary may reserve funds to continue
funding the Teacher Incentive Fund authorized under the
fourth, fifth, and sixth provisos of the `Innovation and
Improvement Account' under title III of Public Law 109-149,
in accordance with the terms and conditions of such Fund that
were in effect on the day before the enactment of the Student
Success Act.
``SEC. 2203. GRANTS.
``(a) In General.--From the funds made available under
section 2202 and not reserved under subsection (b) of such
section, for each fiscal year, the Secretary shall award
grants, on a competitive basis, to eligible entities to carry
out the purpose of this part.
``(b) Eligible Entity.--In this part, the term `eligible
entity' means--
``(1) a State educational agency or a consortium of such
agencies;
``(2) a high-need local educational agency or a consortium
of such agencies;
``(3) one or more of the entities described in paragraphs
(1) and (2) in partnership with one or more institutions of
higher education, nonprofit organization, or educational
service agencies; or
``(4) an entity described in paragraph (1) in partnership
with 1 or more local educational agencies at least one of
which is a high-need local educational agency.
``(c) Duration.--The Secretary shall award a grant under
this part to an eligible entity for an initial period of not
more than 3 years, and may renew the grant for up to an
additional 2 years if the Secretary finds that the eligible
entity is achieving the objectives of the grant and has shown
improvement against baseline measures on performance
indicators.
``SEC. 2204. APPLICATIONS.
``(a) In General.--Each eligible entity that desires a
grant under this part shall submit an application to the
Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may reasonably
require.
``(b) Contents.--Each application submitted under this
section shall contain--
``(1) a description of--
``(A) how the eligible entity will differentiate levels of
teacher and principal performance by effectiveness, and the
criteria it will use to determine that differentiation, which
shall include the use of evidence of student learning as a
significant factor, as well as other measures; and
``(B) how that differentiation will be--
``(i) consistent with the teacher and principal evaluation
system described in section 2112(b)(1); and
``(ii) used by the local educational agency served by the
eligible entity to make decisions about professional
development and retention;
``(2) a description of the rigorous performance standards
that the eligible entity has established, or will establish,
within 2 years of the date of enactment of Student Success
Act, that will be used to evaluate performance;
``(3) a plan, developed with appropriate stakeholders,
setting forth the activities to be implemented under the
grant and how those activities will be aligned with the
results of--
``(A) an analysis of workforce data (including teacher and
principal surveys) that identifies strengths and weaknesses
in the working conditions provided to teachers, school
leaders, and other school personnel and the current and
future staffing needs within the State or local educational
agency;
``(B) a public review of any State or local educational
agency statutes, policies, and practices, including
employment policies and practices that pose a barrier to
staffing schools, particularly high-need schools, with
teachers and principals who have been rated in the highest
rating categories;
``(C) an analysis of the effectiveness and the cost-
effectiveness of applicable State or local educational agency
policies and practices related to increasing teacher and
principal effectiveness;
``(D) an analysis of the alignment of the policies and
practices reviewed and analyzed under subparagraphs (B) and
(C) with the goal of ensuring that educators are prepared to
help all students achieve to college-and-career-ready
standards; and
``(E) as applicable, an analysis of the extent to which the
local educational agency's human capital strategies,
including career advancement opportunities, salary schedules
(including incentives for graduate credit and advanced
degrees), and incentives, reward actions, and strategies that
improve instruction and student learning; and
``(4) evidence of involvement and support for the proposed
grant activities from--
``(A) in the case of an application from an eligible entity
that includes a local educational agency or a consortium of
such agencies, a local school board, teachers union (where
there is a designated exclusive representative for the
purpose of collective bargaining), teachers, principals, and
other stakeholders; and
``(B) in the case of an application from a State
educational agency or consortium of such agencies, the State
board of education, State agency for higher education, any
participating local educational agency, and other
stakeholders.
``(c) Selection Criterion.--In making grants under this
part, the Secretary shall consider the extent to which the
eligible entity's activities that are carried out through a
grant under part A or through State and local funds are
aligned with the entity's plan under subsection (b)(3) and
the purpose of this part.
``(d) Priority.--The Secretary shall give priority to
applications that address particular needs in improving the
effectiveness of the education workforce in high-need
[[Page H1419]]
schools or the needs of local educational agencies to fill
positions in high-need fields and subjects.
``SEC. 2205. USE OF FUNDS.
``(a) In General.--A eligible entity under this part--
``(1) shall use its grant funds for activities to--
``(A) improve the use of teacher and principal
effectiveness information, which shall include the adoption
of an evaluation system by a local educational agency, as
described in section 2112(b)(1), and use of such evaluation
results in consequential decisionmaking, including in--
``(i) paying bonuses and increased salaries, if the
eligible entity uses an increasing share of non-Federal funds
to pay the bonuses and increased salaries each year of the
grant, to highly effective teachers or principals who work in
high-need schools;
``(ii) activities under sections 2112 and 2122;
``(iii) reforming the local educational agency's system of
compensating teachers and principals; and
``(iv) developing and implementing a human capital system;
and
``(B) improve teacher and school-leader compensation and
career-development systems, which may include instituting
performance pay, career advancement systems (such as career
ladders or incentives for assuming additional roles and
responsibilities intended to improve student academic
achievement), or market-based compensation for a high-need
school; and
``(2) may use its grant funds for activities to--
``(A) help ensure that high-need and low-performing schools
are staffed more effectively and efficiently, such as
through--
``(i) the implementation or use of earlier hiring
timelines;
``(ii) more effective recruitment strategies (including
strategies for recruiting candidates from underrepresented
groups);
``(iii) more selective screening; and
``(iv) data systems for tracking attendance, teacher and
principal evaluation results, tenure decisions, participation
in professional development, and the results of that
participation;
``(B) recruit, prepare, support, and evaluate principals
who serve in high-need or low-performing schools; and
``(C) recruit and retain teachers and leaders in rural and
remote areas.
``(b) State Grantees.--A State educational agency that is a
grantee under this part shall use its grant funds for
activities to--
``(1) modify State policies and practices, as needed, to
enable local educational agencies to carry out their
activities under subsection (a);
``(2) develop and implement improvements to the State's
certification or licensure requirements, which shall include
using teacher and principal evaluation results in
certification or licensure decisions (such as by making them
a significant factor in the granting of a full certification
or license); and
``(3) implement a human capital system, including pre-
service programs providing teachers and principals to schools
within the State, that increases the numbers of highly
effective teachers and principals, particularly in high-need
schools by--
``(A) identifying, recruiting, training, hiring, and
placing individuals who are or are most likely to be highly
effective teachers and principals;
``(B) distributing highly effective teachers and principals
strategically to high need schools;
``(C) providing highly effective teachers and principals
with support and development opportunities focused on
increasing student achievement; and
``(D) retaining highly effective teachers and principals
over time by creating school environments that enable
excellent teaching including through strategies such as
distributed leadership, time for collaboration and use of
student data for internal professional development.
``PART C--GENERAL PROVISIONS
``SEC. 2301. PROHIBITION AGAINST INTERFERENCE WITH STATE AND
LOCAL LAWS AND AGREEMENTS.
``Nothing in this title shall be construed to alter or
otherwise affect the rights, remedies, and procedures
afforded to school or local educational agency employees
under Federal, State, or local laws (including applicable
regulations or court orders as well as requirements that
local educational agencies negotiate and or meet and confer
in good faith) or under the terms of collective bargaining
agreements, memoranda of understanding, or other agreements
between such employers and their employees.
``SEC. 2302. PROTECTING THE INTEGRITY OF EVALUATION SYSTEMS.
``No State or local educational agency receiving funding
under this title shall publicly report personally
identifiable information included in an individual teacher or
principal evaluation, including information that can be used
to distinguish an individual's identity when combined with
other personal or identifying information.
``SEC. 2303. PROHIBITION.
``Nothing in this title shall authorize any employee of the
Federal Government to mandate, direct, control, or exercise
any direction or supervision over the development of teacher,
principal, or school leader evaluation systems.''.
SEC. 202. HEA CONFORMING AMENDMENTS.
(a) Qualified Teacher.--The Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) is amended--
(1) in section 200 (20 U.S.C. 1021)--
(A) by amending paragraph (13) to read as follows:
``(13) Qualified.--The term `qualified' has the meaning
given the term `qualified teacher' in section 2002(5), as
amended by section 201 of the Student Success Act.
``(B) in paragraph (17)(B)(ii), by striking `highly
qualified' and inserting `qualified'; and
``(C) in paragraph (22)(D)(i), by striking `highly
qualified' and inserting `qualified'.'';
(2) in section 201(3) (20 U.S.C. 1022(3)), by striking
``highly qualified teachers'' and inserting ``qualified
teachers'';
(3) in section 202 (20 U.S.C. 1022)--
(A) in subsection (b)(6)(H), by striking ``highly qualified
teachers'' and inserting ``qualified teachers'';
(B) in subsection (d)--
(i) in paragraph (1)--
(I) in subparagraph (A)(i)(I), by striking ``highly
qualified'' and inserting ``qualified''; and
(II) in subparagraph (B)(iii), by striking ``highly
qualified'' and inserting ``qualified''; and
(ii) in paragraph (5), by striking ``highly qualified
teachers'' and inserting ``qualified teachers''; and
(C) in subsection (e)(2)(C)(iii)(IV), by striking ``highly
qualified teacher, as defined in section 9101,'' and
inserting ``qualified teacher, as defined in section 2002(5),
as amended by section 201 of the Student Success Act'';
(4) in section 204(a)(4) (20 U.S.C. 1022c) by striking
``highly qualified teachers'' each place it appears and
inserting ``qualified teachers'';
(5) in section 205(b)(1)(I) (20 U.S.C. 1022d(b)(1)(I)), by
striking ``highly qualified teachers'' and inserting
``qualified teachers'';
(6) in section 207(a)(1) (20 U.S.C. 1022f(a)(1)), by
striking ``highly qualified teachers'' and inserting
``qualified teachers'';
(7) in section 208(b) (20 U.S.C. 1022g(b)), by striking
``highly qualified'' each place it appears and inserting
``qualified'';
(8) in section 242(b) (20 U.S.C. 1033a), by striking
``highly qualified'' each place it appears and inserting
``qualified'';
(9) in section 251(b) (20 U.S.C. 1034(b)), by striking
``highly qualified'' each place it appears and inserting
``qualified''; and
(10) in section 258(d)(1) (20 U.S.C. 1036(d)(1)), by
striking ``highly qualified'' and inserting
``qualified''.such partner institution.
(c) Definitions.--Section 200 of the Higher Education Act
of 1965 (20 U.S.C. 1021) is amended--
(1) by amending paragraph (6) to read as follows:
``(6) Eligible partnership.--Except as otherwise provided
in section 251, the term `eligible partnership' means an
entity that--
``(A) shall include--
``(i) a high-need local educational agency;
``(ii)(I) a high-need school or a consortium of high-need
schools served by the high-need local educational agency; or
``(II) as applicable, a high-need early childhood education
program; or
``(iii)(I) the following entities--
``(aa) a partner institution.
``(bb) a school, department, or program of education within
such partner institution, which may include an existing
teacher professional development program with proven outcomes
within a 4-year institution of higher education that provides
intensive and sustained collaboration between faculty and
local educational agencies consistent with the requirements
of this title; and
``(cc) a school or department of arts and sciences within
such partner institution; or
``(II) an entity operating a program that provides
alternative routes to State certification of teachers that
has a teacher preparation program--
``(aa) whose graduates exhibit strong performance on State-
determined qualifying assessments for new teachers through
demonstrating that 80 percent or more of the graduates of the
program who intend to enter the field of teaching have passed
all of the applicable State qualification assessments for new
teachers, which shall include an assessment of each
prospective teacher's subject matter knowledge in the content
area in which the teacher intends to teach; and
``(bb) that requires each student in the program to meet
high academic standards or demonstrate a record of success,
as determined by the institution (including prior to entering
and being accepted into a program), and participate in
intensive clinical experience, and each student in the
program is preparing to become a qualified teacher; and
``(B) may include any of the following:
``(i) The Governor of the State.
``(ii) The State educational agency.
``(iii) The State board of education.
``(iv) The State agency for higher education.
``(v) A business.
``(vi) A public or private nonprofit educational
organization.
``(vii) An educational service agency.
``(viii) A teacher organization.
``(ix) A high-performing local educational agency, or a
consortium of such local educational agencies, that can serve
as a resource to the partnership.
``(x) A charter school (as defined in section 5210).
``(xi) A school or department within a partner institution
that focuses on psychology and human development.
[[Page H1420]]
``(xii) A school or department within a partner institution
with comparable expertise in the disciplines of teaching,
learning, and child and adolescent development.
``(xiii) An entity operating a program that provides
alternative routes to State certification of teachers.
``(xiv) A school, department, or program of education
within a partner institution.
``(xv) A school or department of arts and sciences within a
partner institution.'';
(2) by amending paragraph (10) to read as follows:
``(10) High-need local educational agency.--The term "high-
need local educational agency has the meaning given such term
in section 2002(4), as amended by section 201 of the Student
Success Act.'';
(3) by amending paragraph (14) to read as follows:
``(14) Induction program.--The term `induction program' has
the meaning given the term `induction' in section 2002(6), as
amended by section 201 of the Student Success Act.''; and
(4) by amending paragraph (21) to read as follows:
``(21) Teacher mentoring.--The term `teacher mentoring' has
the meaning given the term `mentoring' in section 2002(7), as
amended by section 201 of the Student Success Act.''.
(d) Purpose.--Section 201 of the Higher Education Act of
1965 (20 U.S.C. 1022) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period and inserting ``; and'' at the
end of paragraph (4); and
(3) by inserting at the end the following:
``(5) improve teacher effectiveness.''.
(e) Partnership Grants.--Section 202 of the Higher
Education Act of 1965 (20 U.S.C. 1022a) is amended--
(1) in subsection (b)(6)--
(A) in subparagraph (E)(ii), by striking ``student
academic'' and inserting ``college-and-career ready student
academic'';
(B) in subparagraph (H)--
(i) in the matter preceding clause (i), by inserting ``or
alternative route entity'' after ``partner institution'';
(ii) in clause (i), by striking ``that incorporate'' and
all that follows through ``instruction'' and inserting
``consistent with part A of title IV of the Elementary and
Secondary Education Act of 1965'';
(iii) in clause (i), insert ``and other educators,
including mutli-tiered systems of support and universal
design for learning, as described in section 5429(b)(21)''
after ``secondary school teachers'';
(iv) in clause (ii), insert `` and writing instruction''
after ``reading''; and
(v) after clause (ii) insert the following:
``(iii) provide high-quality professional development
activities to strengthen the instructional and leadership
skills of elementary school and secondary school principals
and district superintendents, if the partner institution has
a principal preparation program;'';
(C) by redesignating subparagraphs (I) through (K) as
subparagraphs (J) through (L), respectively; and
(D) by inserting after subparagraph (H), the following:
``(I) how the partnership will prepare teachers to use data
to analyze student performance and adjust teaching practices
to improve student achievement;''; and
(2) in subsection (d)(6)(A), by striking ``that incorporate
the essential components of literacy instruction'' and
inserting ``aligned with part A of title IV of the Elementary
and Secondary Education Act of 1965''.
(f) Administrative Provisions.--Section 203(b)(2)(A) of the
Higher Education Act of 1965 (20 U.S.C. 1022b(b)(2)(A)) is
amended by inserting ``or alternative route entity'' after
"institution of higher education
(g) Accountability and Evaluation.--Section 204(a) of the
Higher Education Act of 1965 (20 U.S.C. 1022c) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2), the following:
``(3) effective teachers as determined by the State;''.
(h) Information on Preparation Programs.--Section 205(b)(1)
of the Higher Education Act of 1965 (20 U.S.C. 1022d(b)) is
amended--
(1) in the matter preceding subparagraph (A), by striking
``teacher preparation program'' and inserting ``teacher and
school leader preparation program''; and
(2) by adding at the end the following:
``(M) Within 3 years of the date of enactment of the
Student Success Act, information on the impact of each
program's graduates on the evidence of student learning, as
defined in section 2002(15), of the students that such
graduates teach, if that information is available.
``(N) The percentage of each program's graduates who teach
in a high-need school.
``(O) The percentage of each program's graduates who are
prepared to teach a high-need subject.
``(P) The percentage of each program's graduates who become
effective and highly effective teachers or principals as
determined by the State.
``(Q) The 3-year retention rate of each program's graduates
who become effective and highly effective teachers or
principals according to such graduates' ratings by such
system.''.
TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND
IMMIGRANT STUDENTS
SEC. 301. LANGUAGE INSTRUCTION.
Title III (20 U.S.C. 6801 et seq.) is amended--
(1) in section 3001--
(A) by striking ``fiscal year 2002'' and inserting ``fiscal
year 2016'' each place it appears; and
(B) in subsection (a)(1), by striking ``$750,000,000'' and
inserting ``1,000,000,000'';
(2) by striking ``No Child Left Behind Act of 2001'' and
inserting ``Student Success Act'' each place it appears;
(3) in section 3244, by striking ``2002 through 2008'' and
inserting ``2016 through 2022'';
(4) by striking ``adequate yearly progress'' and inserting
``progress'' each place it appears;
(5) in sections 3102(8)(B), 3113(b)(5)(B), and
3116(b)(3)(B), by striking ``, as described in section
1111(b)(2)(B)'';
(6) in section 3122(a)(3)(A)(iii), by striking ``as
described in section 1111(b)(2)(B)'';
(7) by repealing section 3122;
(8) in section 3111(b)(2)(D), by striking ``annual
measurable achievement objectives pursuant to section 3122''
and inserting ``performance targets described in section
1111(c)'';
(9) in sections 3113(b), 3116(b), 3121(d)(3), and 3302(b),
by striking ``annual measurable achievement objectives
described in section 3122'' and inserting ``performance
targets described in section 1111(c)'' each place it appears;
(10) in section 3122, by striking ``annual measurable
achievement objectives'' and inserting ``performance
targets'' each place it appears;
(11) by striking ``section 1111(b)(7)'' and inserting
``section 1111(b)(3)(F)'' each place it appears; and
(12) by striking ``section 1111(b)(1)'' and inserting
``section 1111(b)(4)'' each place it appears.
TITLE IV--21ST CENTURY SCHOOLS
SEC. 401. 21ST CENTURY SCHOOLS.
Title IV (20 U.S.C. 7101 et seq.) is amended to read as
follows:
``TITLE IV--21ST CENTURY SCHOOLS
``Part A--21st Century Community Learning Centers
``SEC. 4001. PURPOSE.
``The purpose of this part is to provide opportunities for
communities to establish or expand activities through
learning partnerships that--
``(1) provide opportunities for academic enrichment,
increased academic achievement, and student success in
schools by providing students with additional learning time
for more expansive, relevant and rigorous learning
opportunities, including opportunities to catch students up
in their coursework, and help students accelerate their
learning;
``(2) provide a broad array of additional services,
programs and activities for a well-rounded education,
including youth development activities, music and the arts,
outdoor and recreation programs, technology education
programs, dual-language programs, character education, and
environmental literacy programs that are designed to
reinforce and compliment the regular academic program for
participating students;
``(3) complement, not replicate, the regular school day, by
offering a range of activities that capture student interest
and strengthen student engagement in learning, promote higher
class attendence, improve retention, and reduce the risk for
dropout, and actively address the specific learning needs and
interests of all types of students, especially those who may
benefit from approaches and experiences not offered in the
traditional classroom setting;
``(4) provide teachers and staff in learning partnerships
with increased opportunities to work collaboratively, and to
participate in professional planning and professional
development, within and across grades and subjects to improve
teaching and learning;
``(5) provide students with safe learning environments and
additional resources to increase student engagement in
school; and
``(6) offer families of students served by partnerships
opportunities for literacy development and related
educational development.
``SEC. 4002. ALLOTMENT TO STATES.
``(a) Reservation.--From the funds appropriated under
section 4009 for any fiscal year, the Secretary shall reserve
not more than 1 percent for payments to the outlying areas
and the Bureau of Indian Affairs, to be allotted in
accordance with their respective needs for assistance under
this part, as determined by the Secretary, to enable the
outlying areas and the Bureau to carry out the purpose of
this part.
``(b) State Allotments.--
``(1) Determination.--From the funds appropriated under
section 4009 for any fiscal year and remaining after the
Secretary makes reservations under subsection (a), the
Secretary shall allot to each State for the fiscal year an
amount that bears the same relationship to the remainder as
the amount the State received under subpart 2 of part A of
title I for the preceding fiscal year bears to the amount all
States received under that subpart for the preceding fiscal
year, except that no State shall receive less than an amount
equal to one-half of 1 percent of the total amount made
available to all States under this subsection.
[[Page H1421]]
``(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 subsection.
``SEC. 4003. STATE ACTIVITIES.
``(a) In General.--A State educational agency may use not
more than 5 percent of the amount made available to the State
under section 4002(b) for--
``(1) the administrative costs of carrying out its
responsibilities under this part; and
``(2) providing technical assistance as described in
subsection (b) to learning partnerships;
``(b) Technical Assistance.--
``(1) In general.--The technical assistance described in
this paragraph includes the following:
``(A) Assisting learning partnerships who are prioritized
in section 4005(g) including rural and urban schools by--
``(i) informing those learning partnerships that are
prioritized in section 4005(g) that they have a priority for
competing for grants under section 4005;
``(ii) providing technical assistance to the learning
partnership for the development of the applications described
in section 4005(b), including assisting the learning
partnership in identifying which elementary schools and
secondary schools to serve;
``(iii) providing technical assistance to the learning
partnership if they do not receive a grant under section 4005
so that they may re-compete in following competitions;
``(B) Assisting each learning partnership that receives an
award under section 4005 to plan and implement additional
learning time with such funds, including assisting the
learning partnership in--
``(i) determining how to implement additional learning time
in the schools the learning partnership intends to serve
based on the results of the needs assessment described in
section 4005(b)(2)(C)(i);
``(ii) identifying additional community partners, which may
include multicounty public entities, and resources that may
be utilized to implement the additional learning time;
``(iii) strengthening the existing partnerships of the
learning partnership, identifying appropriate roles for each
of the partners in the implementation of additional learning
time in schools served by the learning partnership, and
ensuring that the partnership is effective in maintaining
strong communication, information sharing, and joint planning
and implementation;
``(C) Identifying best practices for professional
development for teachers and staff in learning partnerships
receiving funding under this part to implement the authorized
activities described in section 4006.
``(D) Identifying best practices for using additional
learning time to improve academic enrichment, and student
academic achievement in schools, and providing technical
assistance to the learning partnership in using such best
practices to implement and improve additional learning time
initiatives.
``(E) Providing guidance on how to provide programs that
are age appropriate and address the varying needs of students
in elementary (including preschool), middle, and diploma
granting schools.
``(F) Supporting pay for success initiatives at the State
or local level to meet the purposes of this part.
``(2) Subgrants for technical assistance.--A State
educational agency may use a portion of the funds described
in paragraph (1) to award subgrants to entities including
intermediaries, educational service agencies or other public
entities with demonstrated expertise in additional learning
time capacity building, or evaluation to carry out the
technical assistance described in subparagraph (A).
``SEC. 4004. STATE APPLICATION.
``(a) In General.--In order to receive an allotment under
section 4002(b) for any fiscal year, a State educational
agency shall submit to the Secretary, at such time and in
such manner as the Secretary may require, an application
that--
``(1) designates the State educational agency as the agency
responsible for the administration and supervision of
programs assisted under this part;
``(2) describes how the State educational agency will use
funds received under this part, including funds reserved for
State-level activities;
``(3) contains an assurance that the State educational
agency, in making awards under section 4005, will give
priority to learning partnerships that propose to serve--
``(A) students attending schools in need of support and
high-priority schools;
``(B) schools with a high number or percentage of students
that are eligible for free or reduced price lunch under the
Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.);
``(4) describes the peer review process as described in
section 4005(e) and the selection criteria the State
educational agency will use to evaluate applications from,
and select, learning partnerships to receive awards under
section 4005;
``(5) describes the steps the State educational agency will
take to ensure that activities and programs carried out by
learning partnerships using such awards--
``(A) implement evidence-based strategies; and
``(B) ensure learning partnerships have the capacity to
implement high-quality additional learning time activities
that are different from methods which have been proven
ineffective during the regular school day;
``(6) describes how the State educational agency will use
the indicators under section 4007(a)(3) to measure the
performance, on an annual basis, of learning partnerships,
and
``(A) use outcomes from multiple indicators and not rely on
one indicator in isolation; and
``(B) provide ongoing technical assistance and training and
dissemination of promising practices;
``(7) provides an assurance that the State educational
agency will set up a process to allow learning partnerships
who receive an award under section 4005 and who operate a
proven and effective program based on the measures of
performance described in paragraph (6) to recompete in their
last year of funding for an additional 5-year implementation
cycle;
``(8) describes how the State educational agency will, to
the extent practicable, distribute funds under this part
equitably among geographic areas within the State, including
urban and rural areas;
``(9) includes information identifying the per-pupil
funding amount range the State educational agency will use to
ensure that awards made under section 4005 are of sufficient
size and scope to carry out the purposes of the award,
``(10) includes an assurance that in determining award
amounts in accordance with paragraph (9), the State
educational agency shall take into consideration--
``(A) diverse geographical areas; and
``(B) the quality of activities and programs proposed by
learning partnerships applying for such awards;
``(11) provides an assurance that the application will be
developed in consultation and coordination with appropriate
State officials, including the chief State school officer,
and other State agencies administering additional learning
time, the heads of the State health and mental health
agencies or their designees, teachers, parents, students, the
business community, and community-based organizations;
``(12) describes how activities and programs carried out by
the learning partnerships under this part will be coordinated
with programs under this Act, and other programs as
appropriate;
``(13) describes how the State educational agency will
provide a fair and transparent competition for learning
partnerships that apply for grant funds under section
4005(b);
``(14) provides an assurance that the State educational
agency in determining grant awards to learning partnerships
will award grants based solely on the quality of the
application in relationship to the needs identified by the
learning partnership through the needs assessment described
in section 4005(b)(2)(C)(i); and
``(15) provides for timely public notice of intent to file
an application and an assurance that the application will be
available for public review after submission.
``(b) Deemed Approval.--An application submitted by a State
educational agency pursuant to subsection (a) shall be deemed
to be approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the 120-day
period beginning on the date on which the Secretary received
the application, that the application is not in compliance
with this part.
``(c) Disapproval.--The Secretary shall not finally
disapprove the application, except after giving the State
educational agency notice and opportunity for a hearing.
``(d) Notification.--If the Secretary finds that the
application is not in compliance, in whole or in part, with
this part, the Secretary shall--
``(1) give the State educational agency notice and an
opportunity for a hearing; and
``(2) notify the State educational agency of the finding of
noncompliance, and, in such notification, shall--
``(A) cite the specific provisions in the application that
are not in compliance; and
``(B) request additional information, only as to the
noncompliant provisions, needed to make the application
compliant.
``(e) Response.--If the State educational agency responds
to the Secretary's notification described in subsection
(d)(2) during the 45-day period beginning on the date on
which the agency received the notification, and resubmits the
application with the requested information described in
subsection (d)(2)(B), the Secretary shall approve or
disapprove such application prior to the later of--
``(1) the expiration of the 45-day period beginning on the
date on which the application is resubmitted; or
``(2) the expiration of the 120-day period described in
subsection (b).
``(f) Failure to Respond.--If the State educational agency
does not respond to the Secretary's notification described in
subsection (d)(2) during the 45-day period beginning on the
date on which the agency received the notification, such
application shall be deemed to be disapproved.
``SEC. 4005. LOCAL COMPETITIVE GRANT PROGRAM.
``(a) In General.--Each State that receives an allotment
under this part shall reserve not less than 95 percent of the
amount allotted to such State under section 4002(b), for each
fiscal year for awards to learning partnerships under this
section.
``(b) Application.--
``(1) In general.--To be eligible to receive an award under
this part, a learning partnership shall submit an application
to the State
[[Page H1422]]
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 the following:
``(A) Implementation plan.--A description of the planning
activities that will be conducted during the planning phase,
if applicable, that shall include a budget for the planning
activities;
``(B) Roles and responsibilities.--A description of the
learning partnership and the roles and responsibilities of
each of the partners of the learning partnership.
``(C) Additional learning time activities.--A description
of--
``(i) the activities that will be carried out by the
learning partnership during the additional learning time
based solely on the learning partnership's determination of
the results of a needs assessment that considers--
``(I) school-wide needs, including planning time and
instructional time for teachers and staff in the learning
partnership;
``(II) individual student learning needs;
``(III) school and student safety; and
``(IV) the number of additional hours (during the regular
school day or outside of the regular school day, as
applicable) needed for supervised student enrichment,
determined through school, family, and community input;
``(ii) a description of how the learning partnership will
align the activities described in this subparagraph with--
``(I) school improvement plans developed and implemented
pursuant to section 1116, if applicable;
``(II) academic instruction that occurs during the regular
school day at the school proposed to be served by the
learning partnership; and
``(III) in the case of a learning partnership implementing
additional learning time as described in section 4008(2)(B),
school improvement efforts supported by other programs under
this Act and other relevant State and local programs;
``(iii) the anticipated number of hours of additional
learning time the average and highest-need student will
receive, based on evidence-based attendance expectations, and
how the number of hours are appropriate based on the needs
assessment described in clause (i) and the requirements of
(ii);
``(iv) the grade or grade spans (including preschool) to be
served by the learning partnerships using award funds;
``(v) how students participating in the activities will
travel safely to and from the additional learning time center
and home, as applicable; and
``(vi) a description of how the learning partnership will
ensure that staff employed by the learning partnership will
coordinate to develop and implement activities described in
this subparagraph using, in part, the data described in
subparagraph (F).
``(D) Selection of schools.--A description of the process,
considerations, and criteria the learning partnership will
use to select schools to implement additional learning time
programs and activities that shall take into account the
priorities described in section 4005(g);
``(E) Facility assurance.--An assurance that the activities
described in subparagraph (C) will take place in a safe and
easily accessible facility and a description of how the
learning partnership will disseminate information about the
facility to the parents and community in a manner that is
understandable and accessible;
``(F) Data sharing.--An assurance that relevant student
level data will be shared within the learning partnership
consistent with the requirements of section 444 of the
General Education Provisions Act so that the activities
described in subparagraph (C)(i) are aligned according to
subparagraph (C)(ii).
``(G) Professional development activities.--A description
of how the learning partnership will provide professional
development to the staff employed by the learning
partnership.
``(H) Public resources.--An identification of Federal,
State, and local programs that will be combined or
coordinated with the additional learning time program to make
the most effective use of public resources.
``(I) Supplement, not supplant.--An assurance that funds
under this section will be used to increase the level of
State, local, and other non-Federal funds that would, in the
absence of funds under this part, be made available for
programs and activities authorized under this part, and in no
case supplant Federal, State, local, or non-Federal funds;
``(J) Experience.--A description of past performance and
record of effectiveness of the community based organization
within the partnership in providing the activities described
in subparagraph (C).
``(K) Continuation after federal funding.--A description of
a preliminary plan for how the additional learning time will
continue when funding under this part ends.
``(L) Capacity.--An assurance that the learning partnership
has the capacity to collect the data relevant to the
indicators described under section 4007(a)(3).
``(M) Notice of intent.--An assurance that the community of
the learning partnership will be given notice of an intent to
submit an application and that the application and any waiver
request will be available for public review after submission
of the application.
``(N) Other information and assurances.--Such other
information and assurances as the State educational agency
may reasonably require.
``(c) Approval of Certain Applications.--The State
educational agency may approve an application under this
section for a program to be located in a facility other than
an elementary school or secondary school only if the program
will be at least as available and accessible to the students
to be served as if the program were located in an elementary
school or secondary school.
``(d) Non-Federal Match.--
``(1) In general.--A State educational agency shall require
a learning partnership to match funds awarded under this
part, except that such match may not exceed the amount of the
grant award and may not be derived from other Federal funds.
``(2) Sliding scale.--The amount of a match under paragraph
(1) shall be established based on a sliding fee scale that
takes into account--
``(A) the relative poverty of the population to be targeted
by the learning partnership; and
``(B) the ability of the learning partnership to obtain
such matching funds.
``(3) In-kind contributions.--Each State educational agency
shall permit the community-learning partnership to provide
all or any portion of such match in the form of in-kind
contributions.
``(e) Peer 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.
``(f) Duration of Awards.--Grants under this section may be
awarded for a period of 5 years. Learning partnerships that
receive funding under this section and who operate a proven
and effective program based on the measures of performance
established in section 4004(a)(6) shall be allowed to
recompete in their last year of funding for an additional 5
year grant.
``(g) Priority.--In awarding grants under this part, a
State educational agency shall give priority to applications
proposing to target services to--
``(1) students (including preschool students) who attend
schools in need of support and high-priority schools; and
``(2) learning partnerships that propose to serve schools
with a high percentage or number of students that are
eligible for free and reduced price lunch under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.);
``SEC. 4006. LOCAL ACTIVITIES.
``(a) Authorized Activities.--
``(1) In general.--Each learning partnership that receives
an award under section 4005 shall use the award funds to
implement additional learning time activities that are
consistent with section 4005(b)(2).
``(2) Planning period.--Each learning partnership may use
funds under this section for a planning period of not longer
than 6 months to develop an implementation plan described in
section 4005(b)(2)(A) to carry out the additional learning
time activities, or up to one school year to develop an
extended school day, week, or year.
``SEC. 4007. REPORTING.
``(a) Report by Learning Partnerships.--Each learning
partnership shall, not later than 1 year after the first day
of the first school year in which the additional learning
time is implemented, prepare and submit to the State
educational agency a report--
``(1) containing a detailed description of the additional
learning time activities that were carried out under this
part;
``(2) with respect to each school served by the
partnership--
``(A) on the actual expenses associated with, carrying out
the additional learning time programs and activities in the
first school year; and
``(B) a description of how the additional learning time
programs and activities were implemented and whether such
programs and activities were carried out during non-school
hours or periods when school is not in session or added to
expand the school day, school week, or school year schedule;
and
``(3) containing measures of performance, aggregated and
disaggregated, on the following indicators--
``(A) student academic achievement as measured by--
``(i) high-quality State academic assessments; and
``(ii) student growth in accordance with student growth
standards;
``(B) for diploma granting schools served by the learning
partnerships, graduation rates;
``(C) student attendance, reported separately for in-school
attendance and attendance at the nonschool time programs, if
applicable;
``(D) performance on a set of comprehensive school
performance indicators that may include--
``(i) as appropriate, rate of earned on-time promotion from
grade-to-grade;
``(ii) for high schools served by the learning
partnerships, the percentage of students taking a college
preparatory curriculum, or student rates of enrollment,
persistence, and attainment of an associate or baccalaureate
degree;
``(iii) the percentage of student suspensions and
expulsions;
``(iv) indicators of school readiness for entering
kindergartners;
``(v) evidence of increased parent and family engagement
and support for children's learning;
[[Page H1423]]
``(vi) evidence of increased student engagement in school,
which may include completing of assignments and coming to
class prepared;
``(vii) evidence of mastery of non-academic skills which
may include problem solving, learning to work in teams, and
social and civic responsibility;
``(viii) improved personal attitude, which may include
initiative, self-confidence, self-esteem and sense of self-
efficacy; and
``(ix) development of social skills, which may include
behavior, communication, relationships with peers and adults.
``(b) Report by State Educational Agency.--A State
Educational Agency that receives funds under this part shall
annually prepare and submit to the Secretary a report that
contains all reports submitted by learning partnerships under
the jurisdiction of the agency, aggregated and disaggregated,
provided under subsection (a).
``(c) Publication and Availability of the Report.--The
Secretary shall publish and make widely available to the
public, including through a website or other means, a summary
of the reports received under subsection (b).
``SEC. 4008. DEFINITIONS.
``In this part:
``(1) Learning partnership.--The term `learning
partnership' means--
``(A) a local educational agency, a consortium of local
educational agencies, or an educational service agency and
one or more local educational agencies, in a partnership with
1 or more community-based organizations or other public or
private entities; or
``(B) a community-based organization, or other public or
private entity, in a partnership with a local educational
agency, a consortium of local educational agencies, or an
educational service agency and one or more local educational
agencies.
``(2) Additional learning time.--The term `additional
learning time' means--
``(A) time added during non-school hours or periods when
school is not in session, such as before or after school or
during summer recess for activities that--
``(i) provide opportunities for student academic
enrichment, including hands-on, experiential and project-
based learning opportunities for subjects including English,
reading or language arts, mathematics, science, foreign
languages, civics and government, economics, music and the
arts, history, geography, health education, physical
education, environmental literacy, and activities such as
tutoring and service learning that--
``(I) assist students in meeting State and local academic
achievement standards in core academic subjects,
``(II) use evidence-based skill training approaches and
active forms of learning to promote healthy development, and
engage students in learning;
``(III) align and coordinate with the regular school day
and school year curriculum;
``(IV) align to school improvement plans developed pursuant
to section 1116, as applicable; and
``(V) align to the learning needs of individual students at
the school served by the learning partnership;
``(ii) provide students with opportunities for personal and
social development;
``(iii) serve the learning needs and interests of all
students, including those who already meet or exceed student
academic achievement standards as measured by high-quality
State academic assessments, and especially those who may not
be achieving at grade level in the traditional classroom
setting;
``(iv) are developmentally and age appropriate; and
``(v) involve a broad group of stakeholders (including
educators, parents, students, and community partners) in
carrying out additional learning time programs and activities
described in this subparagraph; or
``(B) time added to expand the school day, school week, or
school year schedule, that--
``(i) increases the total number of school hours for the
school year at a school based on evidence supporting the
amount of additional learning time needed to achieve the
objectives described in clause (ii);
``(ii) is used to redesign the school's program and
schedule--
``(I) to support innovation in teaching, in order to
improve the academic achievement of students aligned to the
school improvement plan, if applicable, especially those
students who may not be achieving at grade level, in reading
or language arts, mathematics, science, history and civics,
and other core academic subjects;
``(II) to improve the performance of all students,
including those students who are struggling to meet college
and career ready standards or State early learning standards,
as appropriate, and those students who already meet or exceed
college and career ready standards as measured by high-
quality State academic assessments;
``(III) for additional subjects and enrichment activities
that reflect student interest, connect to effective community
partners, and contribute to a well-rounded education, which
may include music and the arts, health education, physical
education, service learning, and experiential and work-based
learning opportunities (such as community service, learning
apprenticeships, internships, and job shadowing);
``(IV) to advance student learning by providing a learning
environment and supporting learning activities that engage
students, develop social skills, and cultivate positive
personal attitude; and
``(V) for teachers and staff in learning partnerships to
collaborate, and plan, within and across grades and subjects;
``(iii) provides school-wide services that are--
``(I) aligned to school improvement plans developed
pursuant to section 1116, as applicable; and
``(II) aligned to individual student achievement needs as
identified by the school-site staff at the school served by
the community-learning partnership; and
``(iv) involve a broad group of stakeholders (including
educators, parents, students and community partners) in
planning and carrying out additional learning time programs
and activities described in this subparagraph.
``(3) Environmental literacy.--The term `environmental
literacy' means a fundamental understanding of ecological
principles, the systems of the natural world, and the
relationships and interactions between natural and man made
environments.
``SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $1,200,000,000 for fiscal year 2016 and such sums as may
be necessary for each succeeding fiscal year.
``Part B--Grants to Support Student Safety, Health, and Success
``SEC. 4201. PURPOSE.
``The purposes of this part are--
``(1) to support local educational agencies and schools in
providing comprehensive systems of learning supports to
students and their families so that students receive their
education in safe environments and graduate from school
college and career ready;
``(2) to enhance the ability of local educational agencies
and schools to leverage resources within schools and within
communities to improve instruction, strengthen programs, and
identify gaps in existing programs for students and their
families;
``(3) to ensure the academic, behavioral, emotional,
health, mental health, and social needs of all students,
including students from low income families, students with
disabilities, English learners, and youth who are involved in
or who are identified by evidence-based risk assessment
methods as being at high risk of becoming involved in
juvenile delinquency or criminal street gangs through a
coordinated pipeline or continuum of services for children
from birth through college or career;
``(4) to support programs and activities that prevent and
respond to violence in and around schools (including
bullying, harassment, and mass casualty events), that prevent
the illegal use of alcohol, tobacco, and drugs by students,
and provide resources and training to foster a safe and drug-
free learning environment to support student academic
achievement; and
``(5) to enhance partnerships between schools, parents, and
communities, and better support family and community
engagement in education.
``SEC. 4202. RESERVATIONS AND ALLOTMENTS.
``(a) In General.--From the amount made available under
section 4210 to carry out this part for each fiscal year, the
Secretary--
``(1) shall reserve 1 percent of such amount for grants to
the outlying areas to be allotted in accordance with the
Secretary's determination of their respective needs and to
carry out programs described in this part; and
``(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs described in
this part for Indian youth.
``(b) State Allotments.--Except as provided in subsection
(a), the Secretary shall, for each fiscal year, allot among
the States--
``(1) one-half of the remainder not reserved under
subsection (a) according to the ratio between the school-aged
population of each State and the school-aged population of
all the States; and
``(2) one-half of such remainder according to the ratio
between the amount each State received under section 1124A
for the preceding year and the sum of such amounts received
by all the States.
``(c) Minimum.--For any fiscal year, no State shall be
allotted under this subsection an amount that is less than
one-half of 1 percent of the total amount allotted to all the
States under this subsection.
``(d) Reallotment of Unused Funds.--
``(1) Reallotment for failure to apply.--If any State does
not apply for 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.
``(2) Reallotment of unused funds.--The Secretary may
reallot any amount of any allotment to a State if the
Secretary determines that the State will be unable to use
such amount within 2 years of such allotment. Such
reallotments shall be made on the same basis as allotments
are made under subsection (b).
``SEC. 4203. STATE APPLICATIONS.
``(a) Application.--To receive a grant under this part, a
State educational agency shall submit to the Secretary an
application at such time and in such manner as the Secretary
may require, and containing the information described in
subsection (b).
``(b) Contents.--Each application submitted under
subsection (a) shall include the following:
``(1) An assurance that the State educational agency will
review existing resources and programs across the State and
[[Page H1424]]
coordinate any new plans and resources under this part with
such existing programs and resources.
``(2) A description of how the State educational agency
will identify and eliminate State barriers to the
coordination and integration of programs, initiatives, and
funding streams so that local educational agencies can
provide comprehensive continuums of learning supports.
``(3) A description of the State educational agency's
comprehensive school safety plan, which shall address
bullying and harassment, provide for evidence-based and
promising practices related to juvenile delinquency and
criminal street gang activity prevention and intervention,
address school-sponsored, off-premises, overnight field
trips, disaster preparedness, and crisis and emergency
management; and any other issues determined necessary by the
State educational agency (existing plans may be used to
satisfy the requirements of this section if such existing
plans include the information required by this section, or
can be modified to do so, and are submitted to the Secretary
with such modifications) which--
``(A) shall be submitted to the Secretary not later than 1
year after the enactment of the Student Success Act;
``(B) shall be developed in consultation with public safety
and community partners, including police, fire, emergency
medical services, emergency management agencies, parents, and
other such organizations;
``(C) shall be made available to the public in a manner
that is understandable and accessible; and
``(D) the State educational agency shall require all local
educational agencies to adopt the plan within 1 year of
approval (existing plans may be used to satisfy the
requirements of this section if such existing plans are
approved by the State educational agency and include the
information required by this section, or can be modified to
do so).
``(4) A description of how grant funds will be used to
identify best practices for professional development for
sustainable comprehensive program development.
``(5) A description of how the State educational agency
will monitor the implementation of activities under this
part, and provide technical assistance to local eligible
entities.
``(6) A description of how the State educational agency
will ensure subgrants to eligible entities will facilitate
school-community planning and effective service coordination,
integration, and provision at the local level to achieve high
performance standards based on the system developed in
paragraph (7).
``(7) A description of how the State educational agency
will develop a system for reporting and measuring eligible
entity performance, and assist eligible entities in
developing and implementing systems for measuring performance
based on the indicators in section 4208(a)(3).
``(8) An assurance that the State educational agency will
set up a process to allow local eligible entities who receive
an award under section 4206 and who operate a proven and
effective program based on the measures of performance
described in paragraph (7) to recompete in their last year of
funding for an additional 5-year cycle.
``(9) A description of the steps the State educational
agency will take to ensure that activities and programs
carried out by local eligible entities will implement
evidence based strategies.
``(10) A description of how the number of youth involved in
juvenile delinquency and criminal justice systems will not
increase as a results of activities funded under this grant.
``(c) Approval Process.--
``(1) Deemed approval.--An application submitted by a State
pursuant to this section shall undergo peer review by the
Secretary and 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.
``(2) Disapproval.--The Secretary shall not finally
disapprove the application, except after giving the State
educational agency and the chief executive officer of the
State notice and an opportunity for a hearing.
``(3) Notification.--If the Secretary finds that the
application is not in compliance, in whole or in part, with
this subpart, the Secretary shall--
``(A) give the State educational agency and the chief
executive officer of the State notice and an opportunity for
a hearing; and
``(B) notify the State educational agency and the chief
executive officer of the State 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.
``(4) Response.--If the State educational agency and the
chief executive officer of the State respond to the
Secretary's notification described in paragraph (3)(B) during
the 45-day period beginning on the date on which the agency
received the notification, and resubmit the application with
the requested information described in paragraph (3)(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
paragraph (1).
``(5) Failure to respond.--If the State educational agency
and the chief executive officer of the State do not respond
to the Secretary's notification described in paragraph (3)(B)
during the 45-day period beginning on the date on which the
agency received the notification, such application shall be
deemed to be disapproved.
``(d) Rule of Construction.--Nothing in this section shall
be construed to prohibit local educational agencies or
individual schools from incorporating additional elements to
the State-developed comprehensive school safety plan to
improve student and school safety reflective of the
individual agency or school community.
``SEC. 4204. STATE USE OF FUNDS.
``(a) 95 Percent of Funds.--Each State educational agency
that receives a grant under this part shall reserve not less
than 95 percent of the grant amount, for each fiscal year to
award subgrants to local eligible entities in accordance with
section 4206.
``(b) 5 Percent of Funds.--A State educational agency shall
use not more than 5 percent, of which not more than 1 percent
may be used for administration of a grant received under this
subpart or may subgrant a portion of such funds to
educational service agencies, or other public entities with
demonstrated expertise to carry out the following activities:
``(1) Identify and eliminate State barriers to the
coordination and integration of programs, initiatives, and
funding streams so that local educational agencies can
provide comprehensive continuums of learning supports.
``(2) Assist local eligible entities who are prioritized in
section 4205(b) including those eligible entities that plan
to serve rural and urban schools by--
``(A) informing those local eligible entities that they
have a priority for competing for grants;
``(B) providing technical assistance to the local eligible
entities for the development of the applications described in
section 4206;
``(C) providing technical assistance to the local eligible
entities if they do not receive a grant under section 4206 so
that they may recompete in following competitions;
``(3) Identify best practices for professional development
and capacity building for local educational agencies for the
delivery of a comprehensive system of learning supports for
teachers, administrators, and specialized instructional
support personnel in schools that are served by the eligible
entity receiving funding under this part to implement the
authorized activities described in section 4207.
``(4) Reporting and evaluation activities.
``SEC. 4205. GENERAL SUBGRANT REQUIREMENTS.
``(a) In General.--A State educational agency shall use
grant funds received under this part to award subgrants to
eligible entities.
``(b) Absolute Priority.--In awarding subgrants to local
eligible entities, the State educational agency shall give
priority to--
``(1) local eligible entities that propose to serve a high
percentage or number of students that are eligible for free
or reduced price lunch under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.); and
``(2) local eligible entities proposing to serve students
who attend schools in need of support and high-priority
schools;
``(c) Competitive Priority.--In awarding subgrants to local
eligible entities, the State educational agency shall give
competitive priority to--
``(1) in the case of local eligible entities that intend to
implement programs described in section 4207(2)(A), local
eligible entities that serve schools that implement, or have
plans to implement disciplinary policies that are research
based and focus on multi-tiered systems of support; and
``(2) in the case of eligible entities that intend to
implement programs described in section 4207(2)(C), eligible
entities proposing to serve geographic areas most in need of
these services and that commit to working with local Promise
Coordinating Councils.
``(d) Duration of Subgrant.--A State educational agency
shall award under this part subgrants to eligible local
entities for 5 years.
``(e) Renewal.--
``(1) In general.--A State educational agency may renew a
subgrant awarded under this part for a period of 5 years.
``(2) Renewal application.--To renew a subgrant, an
eligible entity shall submit an application to the Secretary
every 5 years as long as the eligible entity can demonstrate
that they operate a proven and effective program based on
performance on the indicators in section 4208(a)(3).
``SEC. 4206. LOCAL ELIGIBLE ENTITY APPLICATION.
``(a) In General.--A local eligible entity that seeks a
grant under this part shall submit an application to the
State at such time, in such manner, and containing such
information as the State may require, including the
information described in subsection (b).
``(b) Contents.--An application submitted under subsection
(a) shall include the following:
``(1) The results of a comprehensive needs assessment
(which shall include incident
[[Page H1425]]
data, and teacher, parent, or community surveys) and assets
assessment which shall include a comprehensive analysis of
the following--
``(A) the safety of the schools served by the local
eligible entity (which shall include a comprehensive analysis
of incidents and prevalence of bullying and harassment at
schools served by the local eligible entity);
``(B) the incidence and prevalence of drug, alcohol and
substance abuse at schools served by the local eligible
entity;
``(C) the needs of youth in the community with respect to
evidence-based and promising practices related to juvenile
delinquency and criminal street gang activity prevention and
intervention, including an assessment of the number of youth
who are involved or at-risk of involvement in juvenile
delinquency and criminal street gang activity and the number
of chronically truant youth;
``(D) the number of specialized instructional support
personnel employed by schools served by the local eligible
entity and the services provided by those personnel;
``(E) the prevalence of student health (including mental
health, physical fitness, and nutrition) needs at schools
served by the local eligible entity;
``(F) existing programs and services intended to provide a
comprehensive system of support within schools served by
local eligible entities, including the support of school
governance and leadership for the programs and services and
evidence of past successful collaboration in the delivery of
services;
``(G) resources available in the community, including
public agencies, nonprofit organizations, and community
businesses and employers that could be leveraged by schools
served by the local eligible entity to create comprehensive
systems of support or deliver pipeline services within the
schools;
``(H) school discipline data including in-school
suspensions, out-of-school suspensions, expulsion, school-
based arrests, referrals to law enforcement, and referrals to
alternative schools; and
``(I) additional needs identified by the local eligible
entity.
``(2) A description of the methodology used in conducting
the needs assessment described in paragraph (1);
``(3) any steps that the eligible entity is taking, at the
time of the application, to address needs identified during
the needs assessment described in paragraph (1)
``(4) A description of the plan to implement grant funds
(taking into account the cultural and linguistic needs of the
community) which shall include the following components:
``(A) A description of the services (taking into account
the cultural and linguistic needs of the community) that will
be provided by the local eligible entity which shall include
prevention, intervention, and systematic efforts to address
student learning needs or pipeline services as identified and
prioritized by the needs assessment in paragraph (1).
``(B) A description of how existing resources, services,
and programs will be coordinated and integrated with new
resources, services, and programs to create a comprehensive
system of learning supports or pipeline services that is
aligned with school improvement plans required under section
1116, as applicable.
``(C) A description of the partners within the eligible
entity and their roles as they relate to the implementation
of the comprehensive system of learning supports or pipeline
services that will be implemented to address the needs
outlined in the needs and assets assessment described in
subsection (b)(1).
``(D) A description of how the grant will be used to
enhance administrator's, teacher's, and specialized
instructional support personnel's identification and response
to student learning needs for providing learning supports
through professional development, and how school capacity
will be enhanced to handle problems facing students such as
those identified in the needs assessment.
``(E) A description of how the eligible entity will
identify the financial savings from deferred or eliminated
costs, or other benefits as a result of the programs or
activities implemented by the eligible entities (in the case
of an eligible entity who implements programs described in
section 4207(2)(C), a comparative analysis of potential
savings from criminal justice costs, public assistance costs,
and other costs avoided by such programs).
``(F) A description of how the local eligible entity will
measure performance based on the indicators described in
section 4208(a)(3).
``(G) A description of the process for periodically
reviewing the needs of students and assets within the school
and community, and involving more community partners as
applicable, and how data on performance on the indicators
described in section 4208(a)(3) will be used to provide
feedback on progress, and institutionalize support mechanisms
to maintain and continually improve activities including when
grant funds end.
``(c) Special Rule.--A local eligible entity may use--
``(1) an existing needs assessment to satisfy the
requirements of subsection (b)(1), if the assessment includes
the information required by such subsection, or can be
modified to do so; and
``(2) an existing plan to satisfy the requirements of
subsection (b)(3), if the plan meets the requirements of such
subsection and is approved by the State educational agency.
``SEC. 4207. LOCAL ELIGIBLE ENTITY USE OF FUNDS.
``A local eligible entity that receives a subgrant under
this part shall use such funds to carry out the following
activities:
``(1) Implement a comprehensive plan as described in
section 4206(b)(4).
``(2) Programs and activities that address the needs of the
schools served by the eligible entity as identified by the
needs and assets assessment in section 4206(b)(1), which may
include--
``(A) violence prevention programs, including--
``(i) programs to provide safe passage to and from school;
``(ii) programs to prevent and appropriately respond to
incidents of bullying and harassment (including professional
development for teachers and other school personnel);
``(iii) programs that promote positive school environments
for learning and reduce the need for suspensions, expulsions,
referral to law enforcement, and other practices that remove
students from instruction;
``(iv) conflict resolution and restorative practice and
mediation programs;
``(v) activities that involve families, community sectors
(which may include appropriately trained seniors) and a
variety of providers in setting clear expectations against
violence and appropriate consequences of violence;
``(vi) professional development and training for, and
involvement of, school personnel, specialized instructional
personnel, parents, and interested community members in
prevention, education, early identification and intervention,
mentoring, or rehabilitation referral, as related to violence
prevention;
``(vii) reporting criminal offenses committed on school
property;
``(viii) emergency intervention services following
traumatic crisis events, such as a shooting, a mass casualty
event, or a major accident that has disrupted the learning
environment;
``(ix) establishing and maintaining a school safety
hotline;
``(x) programs to train school personnel to identify
warning signs of youth suicide and to create an action plan
to help youth at risk of suicide; or
``(xi) programs that respond to the needs of students who
are faced with domestic violence or child abuse;
``(B) drug and alcohol abuse prevention programs,
including--
``(i) age appropriate and developmentally based activities
that--
``(I) address the consequences of violence and illegal use
of drugs, as appropriate;
``(II) promote a sense of individual responsibility and
teach students that most people do not illegally use drugs;
``(III) teach students to recognize social and peer
pressure to use drugs illegally and the skills for resisting
illegal drug use; and
``(IV) teach students about the dangers of emerging drugs;
``(ii) activities that involve families, community sectors
(which may include appropriately trained seniors) and a
variety of providers in setting clear expectations against
illegal use of drugs and appropriate consequences for illegal
use of drugs;
``(iii) dissemination of drug prevention information to
schools and communities;
``(iv) professional development and training for, and
involvement of, school personnel, specialized instructional
support personnel, parents, and interested community members
in prevention, education, early identification and
intervention, mentoring, or rehabilitation referral, as
related to drug prevention; or
``(v) community wide planning and organizing to reduce
illegal drug use;
``(C) evidence-based and promising practices related to
juvenile delinquency and criminal street gang activity
prevention and intervention for youth who are involved in, or
at risk of involvement in, juvenile delinquency or street
gang activity (that shall involve multiple community partners
within the local eligible entity through coordination with a
local Promise Coordinating Council);
``(D) recruiting, hiring, and maintaining specialized
instructional support personnel or providing additional
specialized instructional support services, including
comprehensive career counseling, with priority given to the
highest need schools to be served by the eligible entity;
``(E) implementing multi-tiered systems of support
including positive behavior supports;
``(F) support services to address the behavioral,
emotional, physical health, mental health and social needs of
students, including--
``(i) social and emotional learning programs;
``(ii) mentoring programs;
``(iii) physical fitness, health education, and nutrition
education programs;
``(iv) trauma-informed practices;
``(v) programs to meet the unique needs of students with
active-duty military and recently discharged veteran parents;
and
``(vi) programs to purchase and train personnel to use
automated external defibrillators and hemorrhage control
kits;
``(G) services and programs to support education of
pregnant and parenting teens;
``(H) programs that enable schools to prepare for, respond
to, and recover from disasters, crises and emergencies that
threaten
[[Page H1426]]
safety or disrupt teaching and learning, including programs
to purchase and train personnel to use automated external
defibrillators and hemorrhage control kits;
``(I) other pipeline services; or
``(J) other services consistent with this section.
``SEC. 4208. ACCOUNTABILITY AND TRANSPARENCY.
``(a) Local Accountability and Transparency.--On an annual
basis, each local eligible entity shall report to the public
and the State such information as the State may reasonably
require, including--
``(1) the number of students, aggregated and disaggregated
by subgroup as described in section 1111(c)(3)(A) who were
served by the programs and activities in this part;
``(2) the programs and services provided under this Act;
``(3) outcomes resulting from activities and services
funded under this part, aggregated and disaggregated by
subgroup as described in section 1111(c)(3)(A) on the
following indicators--
``(A) student academic achievement as measured by State
academic assessments and student growth over time as
described in section 1111(b)(3);
``(B) for diploma granting schools, graduation rates;
``(C) student attendance;
``(D) suspensions and expulsions;
``(E) performance on a set of other indicators that shall
be based on the activities and services implemented based on
the results of the needs assessment described in section
4206(b)(1) and may include--
``(i) the frequency, seriousness, and incidence of
violence, including bullying and harassment, and drug related
offenses resulting in suspensions and expulsions;
``(ii) the incidence and prevalence, age of onset,
perception of health risk, and perception of social
disapproval of drug use and violence by youth in schools and
communities;
``(iii) the safety of both the school and passage to and
from school, as measured by a school climate survey;
``(iv) as appropriate, rate of earned on-time promotion
from grade to grade;
``(v) for diploma granting schools, the percentage of
students taking a college preparatory curriculum, or student
rates of enrollment, persistence, and attainment of an
associate or baccalaureate degree;
``(vi) academic and developmental transitions, including
from elementary to middle school and middle school to high
school;
``(vii) referrals to school resource personnel;
``(viii) evidence of increased parent and family engagement
and support for children's learning;
``(ix) evidence of increased student engagement in school,
which may include completing of assignments and coming to
class prepared and on-time;
``(x) student health, including mental health, the number
and percentage of students who participate in at least 30
minutes of moderate to vigorous physical activity 5 days a
week, and the amelioration of risk factors;
``(F) for early childhood education and kindergarten
programs, the number and percentage of children who
demonstrate, at the beginning of the program or school year,
age-appropriate functioning across multiple domains of early
learning as determined using developmentally appropriate
early learning measures; and
``(G) other outcome areas as determined by the State
educational agency.
``(b) State Accountability and Transparency.--On an annual
basis, each State educational agency that receives funds
under this part shall annually prepare and submit to the
Secretary a report that contains all reports submitted by
local eligible entities under the jurisdiction of the agency
provided under (a).
``(c) Supplement, Not Supplant.--Grant funds provided under
this part shall be used to supplement, and not supplant,
other Federal, State, or local funds that would, in the
absence of such grant funds, be made available for
comprehensive systems of learning supports and students
participating in programs under this part.
``(d) Publication and Availability of Report.--The
Secretary shall publish and make widely available to the
public, including through a website or other means, a summary
of the reports received under (b).
``SEC. 4209. DEFINITIONS.
``(a) For purposes of this part--
``(1) Incident data.--The term `incident data' means data
from incident reports by school officials including, but not
limited to, truancy rates; the frequency, seriousness, and
incidence of violence and drug-related offenses resulting in
suspensions and expulsions; the incidence of bullying and
harassment, and the incidence and prevalence of drug use and
violence by students in schools.
``(2) Comprehensive system of learning supports.--The term
`comprehensive system of learning supports' means the
multifaceted, and cohesive resources, strategies, and
practices that provide class-room based or school-wide
interventions to address the academic, behavioral, emotional,
physical health, mental health, and social needs of students
and families to improve student learning, teacher instruction
and school management.
``(3) Local eligible entity.--The term `local eligible
entity' means a consortium consisting of community
representatives that--
``(A) shall include--
``(i) a local educational agency;
``(ii) not less than 1 other community partner
organization; and
``(B) may include a broad array of community partners,
including a community based organization, a child and youth
serving organization, an institution of higher education, an
Indian tribe or tribal organization (as defined in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)), a foundation, a business, a local
government, including a local governmental agency serving
children and youth such as a child welfare and juvenile
justice agency; students, and parents; and may include
representatives from multiple jurisdictions.
``(4) Multi-tiered system of support.--The term `multi-
tiered system of support' means a comprehensive system of
differentiated supports that includes evidence-based
instruction, universal screening, progress monitoring,
formative assessments, research-based interventions matched
to student needs and educational decisionmaking using student
outcome data.
``(5) Bullying.--The term `bullying'--
``(A) means conduct, including electronic communication,
that adversely affects the ability of 1 or more students to
participate in and benefit from the school's educational
programs or activities by placing the student (or students)
in reasonable fear of physical harm; and
``(B) includes conduct that is based on--
``(i) a student's actual or perceived--
``(I) race;
``(II) color;
``(III) national origin;
``(IV) sex;
``(V) disability
``(VI) sexual orientation;
``(VII) gender identity;
``(VIII) religion;
``(IX) immigration or migrant status;
``(X) proficiency in the English language; or
``(XI) state of homelessness;
``(ii) any other distinguishing characteristics that may be
defined by a State or local educational agency; or
``(iii) association with a person or group with 1 or more
of the actual or perceived characteristics listed in clause
(i) or (ii).
``(6) Harassment.--The term `harassment'--
``(A) means conduct, including electronic communication,
that adversely affects the ability of 1 or more students to
participate in and benefit from the school's educational
programs or activities because the conduct, as reasonably
perceived, is so severe, persistent, or persuasive; and
``(B) includes conduct that is based on--
``(i) a student's actual or perceived--
``(I) race;
``(II) color;
``(III) national origin;
``(IV) sex;
``(V) disability
``(VI) sexual orientation;
``(VII) gender identity; or
``(VIII) religion;
``(ii) any other distinguishing characteristics that may be
defined by a State or local educational agency; or
``(iii) association with a person or group with 1 or more
of the actual or perceived characteristics listed in clause
(i) or (ii).
``(7) Juvenile delinquency and criminal street gang
activity prevention and intervention.--The term `juvenile
delinquency and criminal street gang activity prevention and
intervention' means the provision of programs and resources
to children and families who have not yet had substantial
contact with criminal justice or juvenile justice systems or
to youth who are involved in, or who are identified by
evidence-based risk assessment methods as being at high risk
of continued involvement in, juvenile delinquency or criminal
street gangs, that--
``(A) are designed to reduce potential juvenile delinquency
and criminal street gang activity risks; and
``(B) are evidence-based or promising educational, health,
mental health, school-based, community-based, faith-based,
parenting, job training, social opportunities and
experiences, or other programs, for youth and their families,
that have been demonstrated to be effective in reducing
juvenile delinquency and criminal street gang activity risks.
``(8) PROMISE coordinating councils.--The members of a
PROMISE Coordinating Council shall be representatives of
public and private sector entities and individuals that--
``(A) shall include, to the extent possible, at least one
representative from each of the following:
``(i) the local chief executive's office;
``(ii) a local educational agency;
``(iii) a local health agency or provider;
``(iv) a local mental health agency or provider, unless the
representative under clause (iii)) also meets the
requirements of this subparagraph;
``(v) a local public housing agency;
``(vi) a local law enforcement agency;
``(vii) a local child welfare agency;
``(viii) a local juvenile court;
``(ix) a local juvenile prosecutor's office;
``(x) a private juvenile residential care entity;
``(xi) a local juvenile public defender's office;
``(xii) a State juvenile correctional entity;
``(xiii) a local business community representative; and
[[Page H1427]]
``(xiv) a local faith-based community representative;
``(B) shall include two representatives from each of the
following:
``(i) parents who have minor children, and who have an
interest in the local juvenile or criminal justice systems;
``(ii) youth between the ages of 15 and 24 who reside in
the jurisdiction of the unit or Tribe; and
``(iii) members from nonprofit community-based
organizations that provide effective delinquency prevention
and intervention to youth in the jurisdiction of the eligible
entity; and
``(C) may include other members, as appropriate.
``(9) Specialized instructional support personnel.--The
term `specialized instructional support personnel' means
school counselors, school social workers, school
psychologists, school nurses, and other qualified
professionals involved in providing assessment, diagnosis,
counseling, educational, therapeutic, medical, and other
necessary services (including related services, as such term
is defined in section 602 of the Individuals with
Disabilities in Education Act (20 U.S.C. 1401)) as part of a
comprehensive program to meet student needs.
``(10) Pipeline services.--The term `pipeline services'
means a continuum of supports and services for children from
birth through college entry, college success, and career
attainment, including, at a minimum, strategies to address
through services or programs (including integrated student
supports) the following:
``(A) Prenatal education and support for expectant parents.
``(B) High-quality early learning opportunities.
``(C) High-quality schools and out-of-school-time programs
and strategies.
``(D) Support for a child's transition to elementary
school, including the administration of a comprehensive
school readiness assessment.
``(E) Support for a child's transition from elementary
school to middle school, from middle school to high school,
and from high school into and through college or into the
workforce.
``(F) Family and community engagement.
``(G) Family and student supports.
``(H) Activities that support college and career readiness,
including coordination between such activities, such as--
``(i) assistance with college admissions, financial aid,
and scholarship applications, especially for low-income and
low-achieving students; and
``(ii) career preparation services and supports.
``(I) Neighborhood-based support for college-age students
who have attended the schools in the pipeline, or students
who are members of the community, facilitating their
continued connection to the community and success in college
and the workforce.
``SEC. 4210. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $350,000,000 for fiscal year 2016 and such sums as may
be necessary for each succeeding fiscal year.
``Part C--Full-Service Community Schools
``SEC. 4301. SHORT TITLE.
``This part may be cited as the `Full-Service Community
Schools Act of 2015'.
``SEC. 4302. PURPOSES.
``The purposes of this part are the following:
``(1) Improving student learning and development by
providing supports for students that enable them to graduate
college- and career-ready.
``(2) Providing support for the planning, implementation,
and operation of full-service community schools.
``(3) Improving the coordination and integration,
accessibility, and effectiveness of services for children and
families, particularly for students attending high-poverty
schools, including high-poverty rural schools.
``(4) Enabling educators and school personnel to complement
and enrich efforts to improve academic achievement and other
results.
``(5) Ensuring that children have the physical, social, and
emotional well-being to come to school ready to engage in the
learning process every day.
``(6) Promoting and enabling family and community
engagement in the education of children.
``(7) Enabling more efficient use of Federal, State, local,
and private sector resources that serve children and
families.
``(8) Facilitating the coordination and integration of
programs and services operated by community-based
organizations, nonprofit organizations, and State, local, and
tribal governments.
``(9) Engaging students as resources to their communities.
``(10) Engaging the business community and other community
organizations as partners in the development and operation of
full-service community schools.
``SEC. 4303. DEFINITION.
``In this part, the term `full-service community school'
means a public elementary or secondary school that--
``(1) participates in a community-based effort to
coordinate and integrate educational, developmental, family,
health, and other comprehensive services through community-
based organizations and public and private partnerships; and
``(2) provides access to such services to students,
families, and the community, such as access during the school
year (including before- and after-school hours and weekends),
as well as during the summer.
``SEC. 4304. LOCAL PROGRAMS.
``(a) Grants.--The Secretary may award grants to eligible
entities to assist public elementary or secondary schools to
function as full-service community schools.
``(b) Use of Funds.--Grants awarded under this section
shall be used to--
``(1) coordinate not less than 3 existing qualified
services and provide not less than 2 additional qualified
services at 2 or more public elementary or secondary schools;
``(2) integrate multiple services into a comprehensive,
coordinated continuum supported by research-based activities
which achieve the performance goals established under
subsection (c)(4)(E) to meet the holistic needs of young
people; and
``(3) if applicable, coordinate and integrate services
provided by community-based organizations and government
agencies with services provided by specialized instructional
support personnel.
``(c) Application.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary
at such time and in such manner as the Secretary may require.
The Secretary shall require that each such application
include the following:
``(1) A description of the eligible entity.
``(2) A memorandum of understanding among all partner
entities that will assist the eligible entity to coordinate
and provide qualified services and that describes the roles
the partner entities will assume.
``(3) A description of the capacity of the eligible entity
to coordinate and provide qualified services at 2 or more
full-service community schools.
``(4) A comprehensive plan that includes descriptions of
the following:
``(A) The student, family, and school community to be
served, including information about demographic
characteristics that include major racial and ethnic groups,
median family income, percent of students eligible for free-
and reduced-price lunch, and other information.
``(B) A needs assessment that identifies the academic,
physical, social, emotional, health, mental health, and other
needs of students, families, and community residents.
``(C) A community assets assessment which identifies
existing resources which could be aligned.
``(D) The most appropriate metric to describe the plan's
reach within a community using either--
``(i) the number of families and students to be served, and
the frequency of services; or
``(ii) the proportion of families and students to be
served, and the frequency of services.
``(E) Yearly measurable performance goals, including an
increase in the percentage of families and students targeted
for services each year of the program, which are consistent
with the following objectives:
``(i) Children are ready for school.
``(ii) Students are engaged and achieving academically.
``(iii) Students are physically, mentally, socially, and
emotionally healthy.
``(iv) Schools and neighborhoods are safe and provide a
positive climate for learning that is free from bullying or
harassment.
``(v) Families are supportive and engaged in their
children's education.
``(vi) Students and families are prepared for postsecondary
education and 21st century careers.
``(vii) Students are contributing to their communities.
``(F) Performance measures to monitor progress toward
attainment of the goals established under subparagraph (E),
including a combination of the following, to the extent
applicable:
``(i) Multiple objective measures of student achievement,
including assessments, classroom grades, and other means of
assessing student performance.
``(ii) Attendance (including absences related to illness
and truancy) and chronic absenteeism rates.
``(iii) Disciplinary actions against students, including
suspensions and expulsions.
``(iv) Access to health care and treatment of illnesses
demonstrated to impact academic achievement.
``(v) Performance in making progress toward intervention
services goals as established by specialized instructional
support personnel.
``(vi) Participation rates by parents and family members in
school-sanctioned activities and activities that occur as a
result of community and school collaboration, as well as
activities intended to support adult education and workforce
development.
``(vii) Number and percentage of students and family
members provided services under this part.
``(viii) Valid measures of postsecondary education and
career readiness.
``(ix) Service-learning and community service participation
rates.
``(x) student satisfaction surveys.
``(G) Qualified services, including existing and additional
qualified services, to be coordinated and provided by the
eligible entity and its partner entities, including an
explanation of--
``(i) why such services have been selected;
``(ii) how such services will improve student academic
achievement; and
[[Page H1428]]
``(iii) how such services will address performance goals
established under subparagraph (E).
``(H) Plans to ensure that each site has full-time
coordination of qualified services at each full-service
community school, including coordination with existing
specialized instructional support personnel.
``(I) Planning, coordination, management, and oversight of
qualified services at each school to be served, including the
role of the school principal, partner entities, parents, and
members of the community.
``(J) Funding sources for qualified services to be
coordinated and provided at each school to be served, whether
such funding is derived from a grant under this section or
from other Federal, State, local, or private sources.
``(K) Plans for professional development for personnel
managing, coordinating, or delivering qualified services at
the schools to be served.
``(L) Plans for joint utilization and maintenance of school
facilities by the eligible entity and its partner entities.
``(M) How the eligible entity and its partner entities will
focus services on schools eligible for a schoolwide program
under section 1114.
``(N) Plans for periodic evaluation based upon attainment
of the performance measures described in subparagraph (F).
``(O) How the qualified services will meet the principles
of effectiveness described in subsection (d).
``(5) A plan for sustaining the programs and services
outlined in this part.
``(d) Principles of Effectiveness.--For a program developed
pursuant to this section to meet principles of effectiveness,
such program shall be based upon--
``(1) an assessment of objective data regarding the need
for the establishment of a full-service community school and
qualified services at each school to be served and in the
community involved;
``(2) an established set of performance measures aimed at
ensuring the availability and effectiveness of high-quality
services; and
``(3) if appropriate, scientifically based research that
provides evidence that the qualified services involved will
help students meet State and local student academic
achievement standards.
``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that--
``(1)(A) will serve a minimum of 2 or more full-service
community schools eligible for a schoolwide program under
section 1114, as part of a community- or district-wide
strategy; or
``(B) include a local educational agency that satisfies the
requirements of--
``(i) subparagraph (A) or (B) of section 6211(b)(1); or
``(ii) subparagraphs (A) and (B) of section 6221(b)(1); and
``(2) will be connected to a consortium comprised of a
broad representation of stakeholders, or a consortium
demonstrating a history of effectiveness.
``(f) Grant Period.--Each grant awarded under this section
shall be for a period of 5 years and may be renewed at the
discretion of the Secretary based on the eligible entity's
demonstrated effectiveness in meeting the performance goals
and measures established under subparagraphs (E) and (F) of
subsection (c)(4).
``(g) Planning.--The Secretary may authorize an eligible
entity to use grant funds under this section for planning
purposes in an amount not greater than 10 percent of the
total grant amount.
``(h) Minimum Amount.--The Secretary may not award a grant
to an eligible entity under this section in an amount that is
less than $75,000 for each year of the 5-year grant period.
``(i) Definitions.--In this section--
``(1) the term `additional qualified services' means
qualified services directly funded under this part;
``(2) the term `eligible entity' means a consortium of 1 or
more local educational agencies and 1 or more community-based
organizations, nonprofit organizations, or other public or
private entities;
``(3) the term `existing qualified services' means
qualified services already being financed, as of the time of
the application, by Federal, State, local or private sources,
or volunteer activities being supported as of such time by
civic, business, faith-based, social, and other similar
organizations; and
``(4) the term `qualified services' means any of the
following:
``(A) Early childhood education.
``(B) Remedial education activities and enrichment
activities, including expanded learning time.
``(C) Summer or after-school enrichment and learning
experiences.
``(D) Programs under the Head Start Act, including Early
Head Start programs.
``(E) Nurse home visitation services.
``(F) Teacher home visiting.
``(G) Programs that promote parental involvement and family
literacy, including the Reading First and Early Reading First
programs authorized under part B of title I.
``(H) Mentoring and other youth development programs,
including peer mentoring and conflict mediation.
``(I) Parent leadership development activities.
``(J) Parenting education activities.
``(K) Child care services.
``(L) Community service and service-learning opportunities.
``(M) Developmentally appropriate physical education.
``(N) Programs that provide assistance to students who have
been truant, suspended, or expelled.
``(O) Job training, internship opportunities, and career
counseling services.
``(P) Nutrition services.
``(Q) Primary health and dental care.
``(R) Mental health counseling services.
``(S) Adult education, including instruction in English as
a second language.
``(T) Juvenile crime prevention and rehabilitation
programs.
``(U) Specialized instructional support services.
``(V) Homeless prevention services.
``(W) Other services consistent with this part.
``SEC. 4305. STATE PROGRAMS.
``(a) Grants.--The Secretary may award grants to State
collaboratives to support the development of full-service
community school programs in accordance with this section.
``(b) Use of Funds.--Grants awarded under this section
shall be used only for the following:
``(1) Developing a State comprehensive results and
indicators framework to implement full-service community
schools, consistent with performance goals described in
section 4304(c)(4)(E).
``(2) Planning, coordinating, and expanding the development
of full-service community schools in the State, particularly
schools in high-poverty local educational agencies, including
high-poverty rural local educational agencies.
``(3) Providing technical assistance and training for full-
service community schools, including professional development
for personnel and creation of data collection and evaluation
systems.
``(4) Collecting, evaluating, and reporting data about the
progress of full-service community schools.
``(5) Evaluating the impact of State and Federal policies
and guidelines on the ability of eligible entities (as
defined in section 4304(i)) to integrate Federal and State
programs at full-service community schools, and taking action
to make necessary changes.
``(c) Application.--To seek a grant under this section, a
State collaborative shall submit an application to the
Secretary at such time and in such manner as the Secretary
may require. The Secretary shall require that each such
application include the following:
``(1) A memorandum of understanding among all governmental
agencies and nonprofit organizations that will participate as
members of the State collaborative.
``(2) A description of the expertise of each member of the
State collaborative--
``(A) in coordinating Federal and State programs across
multiple agencies;
``(B) in working with and developing the capacity of full-
service community schools; and
``(C) in working with high-poverty schools or rural schools
and local educational agencies.
``(3) A comprehensive plan describing how the grant will be
used to plan, coordinate, and expand the delivery of services
at full-service community schools.
``(4) A comprehensive accountability plan that will be used
to demonstrate effectiveness, including the measurable
performance goals of the program and performance measures to
monitor progress and assess services' impact on students and
families and academic achievement.
``(5) An explanation of how the State collaborative will
work to ensure State policies and guidelines can support the
development of full-service community schools, as well as
provide technical assistance and training, including
professional development, for full-service community schools.
``(6) An explanation of how the State will collect and
evaluate information on full-service community schools.
``(d) Grant Period.--Each grant awarded under this section
shall be for a period of 5 years.
``(e) Minimum Amount.--The Secretary may not award a grant
to a State collaborative under this section in an amount that
is less than $500,000 for each year of the 5-year grant
period.
``(f) Definitions.--For purposes of this section--
``(1) the term `State' includes the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the United States Virgin Islands, and any other
territory or possession of the United States; and
``(2) the term `State collaborative' means a collaborative
of a State educational agency and not less than 2 other
governmental agencies or nonprofit organizations that provide
services to children and families.
``SEC. 4306. ADVISORY COMMITTEE.
``(a) Establishment.--There is hereby established an
advisory committee to be known as the `Full-Service Community
Schools Advisory Committee' (in this section referred to as
the `Advisory Committee').
``(b) Duties.--Subject to subsection (c), the Advisory
Committee shall--
``(1) consult with the Secretary on the development and
implementation of programs under this part;
[[Page H1429]]
``(2) identify strategies to improve the coordination of
Federal programs in support of full-service community
schools; and
``(3) issue an annual report to the Congress on efforts
under this part, including a description of--
``(A) the results of local and national evaluations of such
efforts; and
``(B) the scope of services being coordinated under this
part.
``(c) Consultation.--In carrying out its duties under this
section, the Advisory Committee shall consult annually with
eligible entities awarded grants under section 4304, State
collaboratives awarded grants under section 4305, and other
entities with expertise in operating full-service community
schools.
``(d) Members.--The Advisory Committee shall consist of 5
members as follows:
``(1) The Secretary of Education (or the Secretary's
delegate).
``(2) The Attorney General of the United States (or the
Attorney General's delegate).
``(3) The Secretary of Agriculture (or the Secretary's
delegate).
``(4) The Secretary of Health and Human Services (or the
Secretary's delegate).
``(5) The Secretary of Labor (or the Secretary's delegate).
``SEC. 4307. GENERAL PROVISIONS.
``(a) Technical Assistance.--The Secretary, directly or
through grants, shall provide such technical assistance as
may be appropriate to accomplish the purposes of this part.
``(b) Evaluations by Secretary.--The Secretary shall
conduct evaluations on the effectiveness of grants under
sections 4304 and 4305 in achieving the purposes of this
part.
``(c) Evaluations by Grantees.--The Secretary shall require
each recipient of a grant under this part--
``(1) to conduct periodic evaluations of the progress
achieved with the grant toward achieving the purposes of this
part;
``(2) to use such evaluations to refine and improve
activities conducted with the grant and the performance
measures for such activities; and
``(3) to make the results of such evaluations publicly
available, including by providing public notice of such
availability.
``(d) Construction Clause.--Nothing in this part shall be
construed to alter or otherwise affect the rights, remedies,
and procedures afforded school or school district employees
under Federal, State, or local laws (including applicable
regulations or court orders) or under the terms of collective
bargaining agreements, memoranda of understanding, or other
agreements between such employees and their employers.
``(e) Supplement, Not Supplant.--Funds made available to a
grantee under this part may be used only to supplement, and
not supplant, any other Federal, State, or local funds that
would otherwise be available to carry out the activities
assisted under this part.
``(f) Matching Funds.--
``(1) In general.--The Secretary shall require each
recipient of a grant under this part to provide matching
funds from non-Federal sources in an amount determined under
paragraph (2).
``(2) Determination of amount of match.--
``(A) Sliding scale.--Subject to subparagraph (B), the
Secretary shall determine the amount of matching funds to be
required of a grantee under this subsection based on a
sliding fee scale that takes into account--
``(i) the relative poverty of the population to be targeted
by the grantee; and
``(ii) the ability of the grantee to obtain such matching
funds.
``(B) Maximum amount.--The Secretary may not require any
grantee under this section to provide matching funds in an
amount that exceeds the amount of the grant award.
``(3) In-kind contributions.--The Secretary shall permit
grantees under this section to match funds in whole or in
part with in-kind contributions.
``(4) Consideration.--Notwithstanding this subsection, the
Secretary shall not consider an applicant's ability to match
funds when determining which applicants will receive grants
under this part.
``(g) Special Rule.--Entities receiving funds under this
part shall comply with all existing Federal statutes that
prohibit discrimination.
``SEC. 4308. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to carry out this part such sums as may be necessary for each
of fiscal years 2016 through 2020.
``(b) Allocation.--Of the amounts appropriated to carry out
this part for each fiscal year--
``(1) 85 percent shall be for section 4304, and of the
funds allocated for new grants under such section, at least
10 percent shall be made available for local educational
agencies that satisfy the requirements of--
``(A) subparagraph (A) or (B) of section 6211(b)(1); or
``(B) subparagraphs (A) and (B) of section 6221(b)(1);
``(2) 10 percent shall be for section 4305; and
``(3) 5 percent shall be for subsections (a) and (b) of
section 4307, of which not less than $500,000 shall be for
technical assistance under section 4307(a).
``Part D--General Provisions
``SEC. 4401. PROHIBITED USE OF FUNDS.
``No funds under this title may be used for--
``(1) the development, establishment, implementation, or
enforcement of zero-tolerance school discipline policies
unless otherwise required by Federal law; and
``(2) law enforcement agencies or local police departments
serving a school or local educational agency--
``(A) with substantial documented excesses or racial
disparities in the use of exclusionary discipline;
``(B) operating under an open school desegregation order,
whether court ordered or voluntary;
``(C) operating under a pattern or practice consent decree
for civil rights violations; or
``(D) already receiving substantial Federal funds for the
placement of law enforcement in schools.''.
TITLE V--WELL-ROUNDED STUDENTS AND ENGAGED FAMILIES
Subtitle A--Public Charter Schools
SEC. 501. SUBPART HEADING; PURPOSE.
(a) Subpart Heading.--The heading for subpart 1 of part B
of title V (20 U.S.C. 7221 et seq.) is amended to read as
follows: ``Charter School Program''.
(b) Purpose.--Section 5201 (20 U.S.C. 7221) is amended to
read as follows:
``SEC. 5201. PURPOSE.
``It is the purpose of this subpart to--
``(1) improve the United States education system and
education opportunities for all Americans by supporting
innovation in public education in public school settings that
prepare students to compete and contribute to the global
economy;
``(2) provide financial assistance for the planning,
program design, and initial implementation of charter
schools;
``(3) expand the number of high-quality charter schools
available to students across the Nation;
``(4) evaluate the impact of such schools on student
achievement, families, and communities, and share best
practices between charter schools and other public schools;
``(5) encourage States to provide support to charter
schools for facilities financing in an amount more nearly
commensurate to the amount the States have typically provided
for traditional public schools;
``(6) improve student services to increase opportunities
for students with disabilities, English learners, and other
traditionally underserved students to attend charter schools
and meet challenging State academic achievement standards;
``(7) support efforts to strengthen the charter school
authorizing process to improve performance management,
including transparency, oversight, monitoring, and evaluation
of such schools; and
``(8) support quality accountability and transparency in
the operational performance of all authorized public
chartering agencies, which include State educational
agencies, local educational agencies, and other authorizing
entities.''.
SEC. 502. PROGRAM AUTHORIZED.
Section 5202 (20 U.S.C. 7221a) is amended to read as
follows:
``SEC. 5202. PROGRAM AUTHORIZED.
``(a) In General.--This subpart authorizes the Secretary to
carry out a charter school program that supports charter
schools that serve elementary school and secondary school
students by--
``(1) supporting the startup of charter schools, and the
replication and expansion of high-quality charter schools;
``(2) assisting charter schools in accessing credit to
acquire and renovate facilities for school use; and
``(3) carrying out national activities to support--
``(A) charter school development;
``(B) the dissemination of best practices of charter
schools for all schools;
``(C) the evaluation of the impact of the program on
schools participating in the program; and
``(D) stronger charter school authorizing.
``(b) Funding Allotment.--From the amount made available
under section 5211 for a fiscal year, the Secretary shall--
``(1) reserve 12.5 percent to support charter school
facilities assistance under section 5204;
``(2) reserve not more than 10 percent to carry out
national activities under section 5205; and
``(3) use the remaining amount after the Secretary reserves
funds under paragraphs (1) and (2) to carry out section 5203.
``(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.
``(d) GAO Report.--Not later than 3 years after the date of
enactment of the Student Success Act, the Comptroller General
of the United States shall submit a report to the Secretary
and Congress that--
``(1) examines whether the funds authorized to be reserved
by State entities for administrative costs under section
5203(b)(1)(C) is appropriate; and
``(2) if determined not to be appropriate, makes
recommendations on the appropriate reservation of funding for
such administrative costs.''.
SEC. 503. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
Section 5203 (20 U.S.C. 7221b) is amended to read as
follows:
[[Page H1430]]
``SEC. 5203. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
``(a) In General.--From the amount reserved under section
5202(b)(3), the Secretary shall award grants to State
entities having applications approved pursuant to subsection
(f) to enable such entities to--
``(1) award subgrants to eligible applicants for opening
and preparing to operate--
``(A) new charter schools;
``(B) replicated, high-quality charter school models; or
``(C) expanded, high-quality charter schools; and
``(2) provide technical assistance to eligible applicants
and authorized public chartering agencies in carrying out the
activities described in paragraph (1) and work with
authorized public chartering agencies in the State to improve
authorizing quality.
``(b) State Uses of Funds.--
``(1) In general.--A State entity receiving a grant under
this section shall--
``(A) use not less than 90 percent of the grant funds to
award subgrants to eligible applicants, in accordance with
the quality charter school program described in the State
entity's application approved pursuant to subsection (f), for
the purposes described in subparagraphs (A) through (C) of
subsection (a)(1);
``(B) reserve not less than 7 percent of such funds to
carry out the activities described in subsection (a)(2); and
``(C) reserve not more than 3 percent of such funds for
administrative costs which may include technical assistance.
``(2) Contracts and grants.--A State entity may use a grant
received under this section to carry out the activities
described in subparagraphs (A) and (B) of paragraph (1)
directly or through grants, contracts, or cooperative
agreements.
``(3) Rule of construction.--Nothing in this Act shall
prohibit the Secretary from awarding grants to States that
use a weighted lottery to give slightly better chances for
admission to all, or a subset of, educationally disadvantaged
students if--
``(A) the use of weighted lotteries in favor of such
students is not prohibited by State law, and such State law
is consistent with laws described in section 5210(1)(G); and
``(B) such weighted lotteries are not used for the purpose
of creating schools exclusively to serve a particular subset
of students.
``(c) Program Periods; Peer Review; Grant Number and
Amount; Diversity of Projects; Waivers.--
``(1) Program periods.--
``(A) Grants.--A grant awarded by the Secretary to a State
entity under this section shall be for a period of not more
than 5 years.
``(B) Subgrants.--A subgrant awarded by a State entity
under this section shall be for a period of not more than 5
years, of which an eligible applicant may use not more than
18 months for planning and program design.
``(2) Peer review.--The Secretary, and each State entity
receiving a grant under this section, shall use a peer review
process to review applications for assistance under this
section.
``(3) Grant awards.--The Secretary shall--
``(A) for each fiscal year for which funds are appropriated
under section 5211--
``(i) award not less than 3 grants under this section;
``(ii) wholly fund each grant awarded under this section,
without making continuation awards; and
``(iii) fully obligate the funds appropriated for the
purpose of awarding grants under this section in the fiscal
year for which such grants are awarded; and
``(B) prior to the start of the final year of the grant
period of each grant awarded under this section to a State
entity, review whether the State entity is using the grant
funds for the agreed upon uses of funds and whether the full
amount of the grant will be needed for the remainder of the
grant period and may, as determined necessary based on that
review, terminate or reduce the amount of the grant and
reallocate the remaining grant funds to other State entities
during the succeeding grant competition under this section.
``(4) Diversity of projects.--Each State entity receiving a
grant under this section shall award subgrants under this
section in a manner that, to the extent possible, ensures
that such subgrants--
``(A) are distributed throughout different areas, including
urban, suburban, and rural areas; and
``(B) will assist charter schools representing a variety of
educational approaches.
``(5) Waivers.--The Secretary may waive any statutory or
regulatory requirement over which the Secretary exercises
administrative authority except any such requirement relating
to the elements of a charter school described in section
5210(1), 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.--
``(1) Grants.--The Secretary shall not award a grant to a
State entity under this section in a case in which such award
would result in more than 1 grant awarded under this section
being carried out in a State at the same time.
``(2) Subgrants.--An eligible applicant may not receive
more than 1 subgrant under this section per individual
charter school for a 5-year period, unless the eligible
applicant demonstrates to the State entity not less than 3
years of improved educational results in the areas described
in subparagraphs (A) and (D) of section 5210(8) for students
enrolled in such charter school.
``(e) Applications.--A State entity desiring to receive a
grant under this section shall submit an application to the
Secretary at such time and in such manner as the Secretary
may require. The application shall include the following:
``(1) Description of program.--A description of the State
entity's objectives under this section and how the objectives
of the program will be carried out, including a description--
``(A) of how the State entity--
``(i) will support the opening of new charter schools,
replicated, high-quality charter school models, or expanded,
high-quality charter schools, and a description of the
proposed number of each type of charter school or model, if
applicable, to be opened under the State entity's program;
``(ii) will inform eligible charter schools, developers,
and authorized public chartering agencies of the availability
of funds under the program;
``(iii) will work with eligible applicants to ensure that
the eligible applicants access all Federal funds that they
are eligible to receive, and help the charter schools
supported by the applicants and the students attending the
charter schools--
``(I) participate in the Federal programs in which the
schools and students are eligible to participate;
``(II) receive the commensurate share of Federal funds the
schools and students are eligible to receive under such
programs; and
``(III) meet the needs of students served under such
programs, including student with disabilities and English
learners;
``(iv) will have clear plans and procedures to assist
students enrolled in a charter school that closes or loses
its charter to attend other high-quality schools;
``(v) in the case in which the State entity is not a State
educational agency--
``(I) will work with the State educational agency and the
charter schools in the State to maximize charter school
participation in Federal and State programs for charter
schools; and
``(II) will work with the State educational agency to
adequately operate the State entity's program under this
section, where applicable;
``(vi) will ensure each eligible applicant that receives a
subgrant under the State entity's program to open and prepare
to operate a new charter school, a replicated, high-quality
charter school model, or an expanded, high-quality charter
school--
``(I) will ensure such school or model meets the
requirements under section 5210(1); and
``(II) is prepared to continue to operate such school or
model, in a manner consistent with the eligible applicant's
application, after the subgrant funds have expired;
``(vii) will support charter schools in local educational
agencies with large numbers of schools identified by the
State for improvement, including supporting the use of
charter schools to improve, or in turning around, struggling
schools;
``(viii) will work with charter schools to promote
inclusion of all students, including eliminating any barriers
to enrollment for foster youth or unaccompanied homeless
youth, and support all students once they are enrolled to
promote retention including through the use of fair
disciplinary practice;
``(ix) will work with charter schools on recruitment
practices, including efforts to engage groups that may
otherwise have limited opportunities to participate in
charter schools, and to ensure such schools do not have in
effect policies or procedures that may create barriers to
enrollment of students, including educationally disadvantaged
students, and are in compliance with all Federal and State
laws on enrollment practices;
``(x) will share best and promising practices between
charter schools and other public schools, including, where
appropriate, instruction and professional development in core
academic subjects, and science, technology, engineering, and
math education, including computer science;
``(xi) will ensure the charter schools receiving funds
under the State entity's program meet the educational needs
of their students, including students with disabilities and
English learners;
``(xii) will support efforts to increase quality
initiatives, including meeting the quality authorizing
elements described in paragraph (2)(E);
``(xiii) in the case of a State entity not described in
clause (xiv), will provide oversight of authorizing activity;
``(xiv) in the case of a State entity defined in subsection
(i)(4), will work with the State to provide assistance to and
oversight of authorized public chartering agencies for
authorizing activity described in clause (xiii); and
``(xv) will work with eligible applicants receiving a
subgrant under the State entity's program to support the
opening of charter schools or charter school models described
in clause (i) that are secondary schools;
``(B) of the extent to which the State entity--
``(i) is able to meet and carry out the priorities listed
in subsection (f)(2); and
[[Page H1431]]
``(ii) is working to develop or strengthen a cohesive
statewide system to support the opening of new charter
schools, replicated, high-quality charter school models, or
expanded, high-quality charter schools;
``(C) of how the State entity will carry out the subgrant
competition, including--
``(i) a description of the application each eligible
applicant desiring to receive a subgrant will submit,
including--
``(I) a description of the roles and responsibilities of
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, as described in section
1111(d)(1)(I);
``(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 State entity's
program; and
``(IV) a description of the planned activities and
expenditures for the subgrant funds for purposes of opening
and preparing to operate a new charter school, a replicated,
high-quality charter school model, or an expanded, high-
quality charter school, and how the school or model will
maintain financial sustainability after the end of the
subgrant period; and
``(ii) a description of how the State entity will review
applications;
``(D) in the case of an entity that partners with an
outside organization to carry out the State entity's quality
charter school program, in whole or in part, of the roles and
responsibilities of this partner;
``(E) of how the State entity will help the charter schools
receiving funds under the State entity's program consider the
transportation needs of the schools' students; and
``(F) of how the State entity will support diverse charter
school models, including models that serve rural communities.
``(2) Assurances.--Assurances, including a description of
how the assurances will be met, that--
``(A) each charter school receiving funds under the State
entity's program will have a high degree of autonomy over
budget and operations;
``(B) the State entity will support charter schools in
meeting the educational needs of their students as described
in paragraph (1)(A)(xi);
``(C) the State entity will ensure that the authorized
public chartering agency of any charter school that receives
funds under the State entity's program--
``(i) adequately monitors each charter school in
recruiting, enrolling, and meeting the needs of all students,
including students with disabilities and English learners;
and
``(ii) 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 State entity will provide adequate technical
assistance to eligible applicants to--
``(i) meet the objectives described in clauses (viii) and
(ix) of paragraph (1)(A) and paragraph (2)(B); and
``(ii) recruit, enroll, and retain traditionally
underserved students, including students with disabilities
and English learners, at rates similar to traditional public
schools;
``(E) the State entity will promote quality authorizing,
such as through providing technical assistance and supporting
all authorized public chartering agencies in the State to
improve the oversight of their charter schools, including
by--
``(i) assessing annual performance data of the schools,
including, as appropriate, graduation rates, student academic
growth, and rates of student attrition;
``(ii) reviewing the schools' independent, annual audits of
financial statements conducted in accordance with generally
accepted accounting principles, and ensuring any such audits
are publically reported; and
``(iii) holding charter schools accountable to the
academic, financial, and operational quality controls agreed
to between the charter school and the authorized public
chartering agency involved, such as through renewal, non-
renewal, or revocation of the school's charter;
``(F) the State entity will work to ensure that charter
schools are included with the traditional public schools in
decision-making about the public school system in the State;
and
``(G) The State entity will ensure that each charter school
in the State makes publicly available, consistent with the
dissemination requirements of the annual State report card,
information to help parents make informed decisions about the
education options available to their children, including
information for each school on--
``(i) the educational program;
``(ii) student support services;
``(iii) annual performance and enrollment data,
disaggregated by the groups of students described in section
1111(c)(3)(A); and
``(iv) any other information the State requires all other
public schools to report for purposes of section 1111(i)(1).
``(3) Requests for waivers.--A request and justification
for waivers of any Federal statutory or regulatory provisions
that the State entity believes are necessary for the
successful operation of the charter schools that will receive
funds under the State entity's program under this section,
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 or, in the case of a
State entity defined in subsection (i)(4), a description of
how the State entity will work with the State to request
necessary waivers where applicable.
``(f) Selection Criteria; Priority.--
``(1) Selection criteria.--The Secretary shall award grants
to State entities under this section on the basis of the
quality of the applications submitted under subsection (e),
after taking into consideration--
``(A) the degree of flexibility afforded by the State's
public charter school law and how the State entity will work
to maximize the flexibility provided to charter schools under
the law;
``(B) the ambitiousness of the State entity's objectives
for the quality charter school program carried out under this
section;
``(C) the quality of the strategy for assessing achievement
of those objectives;
``(D) the likelihood that the eligible applicants receiving
subgrants under the program will meet those objectives and
improve educational results for students;
``(E) the State entity's plan to--
``(i) adequately monitor the eligible applicants receiving
subgrants under the State entity's program;
``(ii) work with the authorized public chartering agencies
involved to avoid duplication of work for the charter schools
and authorized public chartering agencies; and
``(iii) provide adequate technical assistance and support
for--
``(I) the charter schools receiving funds under the State
entity's program; and
``(II) quality authorizing efforts in the State; and
``(F) the State entity's plan to solicit and consider input
from parents and other members of the community on the
implementation and operation of the charter schools in the
State.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to State entities to the extent
that they meet the following criteria:
``(A) 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 ensures
equitable financing, as compared to traditional public
schools, for charter schools and students in a prompt manner.
``(C) The State entity is located in a State that uses
charter schools and best practices from charter schools to
help improve struggling schools and local educational
agencies.
``(D) The State entity partners with an organization that
has a demonstrated record of success in developing management
organizations to support the development of charter schools
in the State.
``(E) The State entity supports charter schools that
support at-risk students through activities such as dropout
prevention, dropout recovery, or comprehensive career
counseling practices.
``(F) The State entity authorizes all charter schools in
the State to serve as school food authorities.
``(G) The State entity has taken steps to ensure that all
authorizing public chartering agencies implement quality
standards as described in section 1111(d)(1)(I).
``(g) Local Uses of Funds.--An eligible applicant receiving
a subgrant under this section shall use such funds to carry
out activities related to opening and preparing to operate a
new charter school, a replicated, high-quality charter school
model, or an expanded, high-quality charter school, such as--
``(1) preparing teachers and school leaders, including
through professional development;
``(2) acquiring equipment, educational materials, and
supplies; and
``(3) necessary renovations and minor facilities repairs
(excluding construction).
``(h) Reporting Requirements.--Each State entity receiving
a grant under this section shall submit to the Secretary, at
the end of the third year of the 5-year grant period and at
the end of such grant period, a report on--
``(1) the number of students served by each subgrant
awarded under this section and, if applicable, how many new
students were served during each year of the subgrant period;
``(2) the progress the State entity made toward meeting the
priorities described in subsection (f)(2), as applicable;
``(3) how the State entity met the objectives of the
quality charter school program described in the State
entity's application under subsection (e), including how the
State entity met the objective of sharing best and promising
practices described in subsection (e)(1)(A)(x) in areas such
as instruction, professional development, curricula
development, and operations between charter schools and other
public schools, and the extent to which, if known, such
practices were adopted and implemented by such other public
schools;
``(4) how the State entity complied with, and ensured that
eligible applicants complied with, the assurances described
in the State entity's application;
[[Page H1432]]
``(5) how the State entity worked with authorized public
chartering agencies, including how the agencies worked with
the management company or leadership of the schools that
received subgrants under this section;
``(6) the number of subgrants awarded under this section to
carry out each of the following:
``(A) The opening of new charter schools.
``(B) The opening of replicated, high-quality charter
school models.
``(C) The opening of expanded, high-quality charter
schools; and
``(7) how the State entity has worked with charter schools
receiving funds under the State entity's program to foster
community involvement in the planning for and opening of such
schools.
``(i) State Entity Defined.--For purposes of this section,
the term `State entity' means--
``(1) a State educational agency;
``(2) a State charter school board;
``(3) a Governor of a State; or
``(4) a charter school support organization.''.
SEC. 504. FACILITIES FINANCING ASSISTANCE.
Section 5204 (20 U.S.C. 7221c) is amended to read as
follows:
``SEC. 5204. FACILITIES FINANCING ASSISTANCE.
``(a) Grants to Eligible Entities.--
``(1) In general.--From the amount reserved under section
5202(b)(1), the Secretary shall not use less than 50 percent
to award grants to eligible entities that have the highest-
quality applications approved under subsection (d), after
considering the diversity of such applications, to
demonstrate innovative methods of assisting charter schools
to address the cost of acquiring, constructing, and
renovating facilities by enhancing the availability of loans
or bond financing.
``(2) Eligible entity defined.--For purposes of this
section, the term `eligible entity' means--
``(A) a public entity, such as a State or local
governmental entity;
``(B) a private nonprofit entity; or
``(C) a consortium of entities described in subparagraphs
(A) and (B).
``(b) Grantee Selection.--The Secretary shall evaluate each
application submitted under subsection (d), and shall
determine whether the application is sufficient to merit
approval.
``(c) Grant Characteristics.--Grants under subsection (a)
shall be of a sufficient size, scope, and quality so as to
ensure an effective demonstration of an innovative means of
enhancing credit for the financing of charter school
acquisition, construction, or renovation.
``(d) Applications.--
``(1) In general.--To receive a grant under subsection (a),
an eligible entity shall submit to the Secretary an
application in such form as the Secretary may reasonably
require.
``(2) Contents.--An application submitted under paragraph
(1) shall contain--
``(A) a statement identifying the activities proposed to be
undertaken with funds received under subsection (a),
including how the eligible entity will determine which
charter schools will receive assistance, and how much and
what types of assistance charter schools will receive;
``(B) a description of the involvement of charter schools
in the application's development and the design of the
proposed activities;
``(C) a description of the eligible entity's expertise in
capital market financing;
``(D) a description of how the proposed activities will
leverage the maximum amount of private-sector financing
capital relative to the amount of public funding used and
otherwise enhance credit available to charter schools,
including how the eligible entity will offer a combination of
rates and terms more favorable than the rates and terms that
a charter school could receive without assistance from the
eligible entity under 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 more of the following
objectives:
``(1) The acquisition (by purchase, lease, donation, or
otherwise) of an interest (including an interest held by a
third party for the benefit of a charter school) in improved
or unimproved real property that is necessary to commence or
continue the operation of a charter school.
``(2) The construction of new facilities, or the
renovation, repair, or alteration of existing facilities,
necessary to commence or continue the operation of a charter
school.
``(3) The predevelopment costs required to assess sites for
purposes of paragraph (1) or (2) and which are necessary to
commence or continue the operation of a charter school.
``(f) Reserve Account.--
``(1) Use of funds.--To assist charter schools to
accomplish the objectives described in subsection (e), an
eligible entity receiving a grant under subsection (a) shall,
in accordance with State and local law, directly or
indirectly, alone or in collaboration with others, deposit
the funds received under subsection (a) (other than funds
used for administrative costs in accordance with subsection
(g)) in a reserve account established and maintained by the
eligible entity for this purpose. Amounts deposited in such
account shall be used by the eligible entity for one or more
of the following purposes:
``(A) Guaranteeing, insuring, and reinsuring bonds, notes,
evidences of debt, loans, and interests therein, the proceeds
of which are used for an objective described in subsection
(e).
``(B) Guaranteeing and insuring leases of personal and real
property for an objective described in subsection (e).
``(C) Facilitating financing by identifying potential
lending sources, encouraging private lending, and other
similar activities that directly promote lending to, or for
the benefit of, charter schools.
``(D) Facilitating the issuance of bonds by charter
schools, or by other public entities for the benefit of
charter schools, by providing technical, administrative, and
other appropriate assistance (including the recruitment of
bond counsel, underwriters, and potential investors and the
consolidation of multiple charter school projects within a
single bond issue).
``(2) Investment.--Funds received under 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--
``(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
[[Page H1433]]
``(B) all or a portion of the funds in a reserve account
established by an eligible entity under subsection (f)(1) if
the Secretary determines that the eligible entity has
permanently ceased to use all or a portion of the funds in
such account to accomplish any purpose described in
subsection (f)(1).
``(2) Exercise of authority.--The Secretary shall not
exercise the authority provided in paragraph (1) to collect
from any eligible entity any funds that are being properly
used to achieve one or more of the purposes described in
subsection (f)(1).
``(3) Procedures.--The provisions of sections 451, 452,
and 458 of the General Education Provisions Act (20 U.S.C.
124, 1234a, 1234g) shall apply to the recovery of funds under
paragraph (1).
``(4) Construction.--This subsection shall not be construed
to impair or affect the authority of the Secretary to recover
funds under part D of the General Education Provisions Act
(20 U.S.C. 1234 et seq.).
``(k) Per-pupil Facilities Aid Program.--
``(1) Definition of per-pupil facilities aid program.--In
this subsection, the term `per-pupil facilities aid program'
means a program in which a State makes payments, on a per-
pupil basis, to charter schools to provide the schools with
financing--
``(A) that is dedicated solely for funding charter school
facilities; or
``(B) a portion of which is dedicated for funding charter
school facilities.
``(2) Grants.--
``(A) In general.--From the amount under section 5202(b)(1)
remaining after the Secretary makes grants under subsection
(a), the Secretary shall make grants, on a competitive basis,
to States to pay for the Federal share of the cost of
establishing or enhancing, and administering per-pupil
facilities aid programs.
``(B) Period.--The Secretary shall award grants under this
subsection for periods of not more than 5 years.
``(C) Federal share.--The Federal share of the cost
described in subparagraph (A) for a per-pupil facilities aid
program shall be not more than--
``(i) 90 percent of the cost, for the first fiscal year for
which the program receives assistance under this subsection;
``(ii) 80 percent in the second such year;
``(iii) 60 percent in the third such year;
``(iv) 40 percent in the fourth such year; and
``(v) 20 percent in the fifth such year.
``(D) State share.--A State receiving a grant under this
subsection may partner with 1 or more organizations to
provide up to 50 percent of the State share of the cost of
establishing or enhancing, and administering the per-pupil
facilities aid program.
``(E) Multiple grants.--A State may receive more than 1
grant under this subsection, so long as the amount of such
funds provided to charter schools increases with each
successive grant.
``(3) Use of funds.--
``(A) In general.--A State that receives a grant under this
subsection shall use the funds made available through the
grant to establish or enhance, and administer, a per-pupil
facilities aid program for charter schools in the State of
the applicant.
``(B) Evaluations; technical assistance; dissemination.--
From the amount made available to a State through a grant
under this subsection for a fiscal year, the State may
reserve not more than 5 percent to carry out evaluations, to
provide technical assistance, and to disseminate information.
``(C) Supplement, not supplant.--Funds made available under
this subsection shall be used to supplement, and not
supplant, State and local public funds expended to provide
per pupil facilities aid programs, operations financing
programs, or other programs, for charter schools.
``(4) Requirements.--
``(A) Voluntary participation.--No State may be required to
participate in a program carried out under this subsection.
``(B) State law.--
``(i) In general.--Except as provided in clause (ii), to be
eligible to receive a grant under this subsection, a State
shall establish or enhance, and administer, a per-pupil
facilities aid program for charter schools in the State,
that--
``(I) is specified in State law; and
``(II) provides annual financing, on a per-pupil basis, for
charter school facilities.
``(ii) Special rule.--Notwithstanding clause (i), a State
that is required under State law to provide its charter
schools with access to adequate facility space, but which
does not have a per-pupil facilities aid program for charter
schools specified in State law, may be eligible to receive a
grant under this subsection if the State agrees to use the
funds to develop a per-pupil facilities aid program
consistent with the requirements of this subsection.
``(5) Applications.--To be eligible to receive a grant
under this subsection, a State shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may require.''.
SEC. 505. NATIONAL ACTIVITIES.
Section 5205 (20 U.S.C. 7221d) is amended to read as
follows:
``SEC. 5205. NATIONAL ACTIVITIES.
``(a) In General.--From the amount reserved under section
5202(b)(2), the Secretary shall--
``(1) use not less than 75 percent of such funds to award
grants in accordance with subsection (b); and
``(2) use not more than 25 percent of such funds to--
``(A) provide technical assistance to State entities in
awarding subgrants under section 5203, and eligible entities
and States receiving grants under section 5204;
``(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 5202(a)(1),
subparagraphs (A) through (C) of section 5203(a)(1), and
section 5203(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 5203.
``(3) Charter management organizations.--The Secretary
shall--
``(A) use not less than 75 percent of the funds described
in subsection (a)(1) to make grants, on a competitive basis,
to eligible applicants described in paragraph (4)(B) except
that no eligible applicant, including any applicant acting as
lead fiscal agent if applying in consortium for a grant under
this paragraph, may operate more than one active grant at a
time; and
``(B) notwithstanding paragraphs (1)(A) and (2) of section
5203(f)--
``(i) award grants to eligible applicants on the basis of
the quality of the applications submitted under this
subsection; and
``(ii) in awarding grants to eligible applicants described
in paragraph (4)(B), take into consideration whether such an
eligible applicant--
``(I) demonstrates a high proportion of high-quality
charter schools within the network of the eligible applicant;
``(II) demonstrates success in serving students who are
educationally disadvantaged;
``(III) does not have a significant proportion of charter
schools that have been closed, had their charter revoked for
compliance issues, or had their affiliation with such
eligible applicant revoked;
``(IV) has sufficient procedures in effect to ensure timely
closure of low-performing or financially-mismanaged charter
schools and clear plans and procedures in effect for the
students in such schools to attend other high-quality
schools; and
``(V) demonstrates success in working with schools
identified for improvement by the State.
``(4) Eligible applicant defined.--For purposes of this
subsection, the term `eligible applicant' means an eligible
applicant (as defined in section 5210) that--
``(A) desires to open a charter school in--
``(i) a State that did not apply for a grant under section
5203; or
``(ii) a State that did not receive a grant under section
5203; or
``(B) is a charter management organization.
``(c) Contracts and Grants.--The Secretary may carry out
any of the activities described in this section directly or
through grants, contracts, or cooperative agreements.''.
SEC. 506. RECORDS TRANSFER.
Section 5208 (20 U.S.C. 7221g) is amended--
(1) by inserting ``as quickly as possible and'' before ``to
the extent practicable''; and
(2) by striking ``section 602'' and inserting ``section
602(14)''.
SEC. 507. DEFINITIONS.
Section 5210 (20 U.S.C. 7221i) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Charter school.--The term `charter school' means a
public school that--
``(A) in accordance with a specific State statute
authorizing the granting of charters to schools, is exempt
from significant State or local rules that inhibit the
flexible operation and management of public schools, but not
from any rules relating to the other requirements of this
paragraph;
``(B) is created by a developer as a public school, or is
adapted by a developer from an existing public school, and is
operated under public supervision and direction;
``(C) operates in pursuit of a specific set of educational
objectives determined by the school's developer and agreed to
by the authorized public chartering agency;
``(D) provides a program of elementary or secondary
education, or both;
``(E) is nonsectarian in its programs, admissions policies,
employment practices, and all other operations, and is not
affiliated with a sectarian school or religious institution;
``(F) does not charge tuition;
``(G) complies with the Age Discrimination Act of 1975,
title VI of the Civil Rights Act of 1964, title IX of the
Education Amendments of 1972, section 504 of the
Rehabilitation Act of 1973, part B of the Individuals with
Disabilities Education Act, the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.), and section 444 of the
General Education Provisions Act (20 U.S.C. 1232(g))
(commonly known as the `Family Education Rights and Privacy
Act of 1974');
``(H) is a school to which parents choose to send their
children, and admits students on the basis of a lottery if
more students apply for admission than can be accommodated,
except that in cases in which students who are enrolled in a
charter school affiliated
[[Page H1434]]
(such as by sharing a network) with another charter school,
those students may be automatically enrolled in the next
grade level at such other charter school, so long as a
lottery is used to fill seats created through regular
attrition in student enrollment;
``(I) agrees to comply with the same Federal and State
audit requirements as do other elementary schools and
secondary schools in the State, unless such State audit
requirements are waived by the State;
``(J) meets all applicable Federal, State, and local health
and safety requirements;
``(K) operates in accordance with State law;
``(L) has a written performance contract with the
authorized public chartering agency in the State that
includes a description of how student performance will be
measured in charter schools pursuant to State assessments
that are required of other schools and pursuant to any other
assessments mutually agreeable to the authorized public
chartering agency and the charter school; and
``(M) may serve prekindergarten or postsecondary
students.'';
(2) by redesignating paragraphs (2) through (4) as
paragraphs (4) through (6), respectively;
(3) by inserting after paragraph (1), the following:
``(2) Charter management organization.--The term `charter
management organization' means a not-for-profit organization
that manages a network of charter schools linked by
centralized support, operations, and oversight.
``(3) Charter school support organization.--The term
`charter school support organization' means a nonprofit,
nongovernmental entity that is not an authorized public
chartering agency, which provides on a statewide basis--
``(A) assistance to developers during the planning, program
design, and initial implementation of a charter school; and
``(B) technical assistance to charter schools to operate
such schools.'';
(4) in paragraph (5)(B), as so redesignated, by striking
``under section 5203(d)(3)''; and
(5) by adding at the end the following:
``(7) Expanded, high-quality charter school.--The term
`expanded, high-quality charter school' means a high-quality
charter school that has either significantly increased its
enrollment or added one or more grades to its school.
``(8) High-quality charter school.--The term `high-quality
charter school' means a charter school that--
``(A) shows evidence of strong academic results, which may
include strong academic growth as determined by a State;
``(B) has no significant issues in the areas of student
safety, operational and financial management, or statutory or
regulatory compliance;
``(C) has demonstrated success in significantly increasing
student academic achievement, including graduation rates
where applicable, consistent with the requirements under
title I, for all students served by the charter school; and
``(D) has demonstrated success in increasing student
academic achievement, including graduation rates where
applicable, for the groups of students described in section
1111(b)(2)(C)(v)(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.
``(9) Replicated, high-quality charter school model.--The
term `replicated, high-quality charter school model' means a
high-quality charter school that has opened a new campus
under an existing charter or an additional charter if
required or permitted by State law.''.
SEC. 508. AUTHORIZATION OF APPROPRIATIONS.
Section 5211 (20 U.S.C. 7221j) is amended to read as
follows:
``SEC. 5211. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $300,000,000 for fiscal year 2016 and each of the 5
succeeding fiscal years.''.
SEC. 509. CONFORMING AMENDMENTS.
(a) Repeal.--Subpart 2 of part B of title V (20 U.S.C. 7223
et seq.) is repealed.
(b) Table of Contents.--The table of contents in section 2
is amended--
(1) by striking the item relating to subpart 1 of part B of
title V and inserting the following:
``Subpart 1--Charter School Program'';
(2) by striking the item relating to section 5203 and
inserting the following:
``Sec. 5203. Grants to support high-quality charter schools.'';
(3) by striking the item relating to section 5204 and
inserting the following:
``Sec. 5204. Facilities financing assistance.''; and
(4) by striking the items relating to subpart 2 of part B
of title V.
Subtitle B--Magnet Schools
SEC. 510. DURATION OF AWARD; ACCOUNTABILITY.
Section 5309 (20 U.S.C. 7231h) is amended--
(1) in the heading by inserting ``; accountability'';
(2) in subsection (a), by striking ``3'' and inserting
``5''; and
(3) by adding at the end the following:
``(e) Accountability.--The Secretary may reduce grant
funding awarded to a local educational agency, or a
consortium of such agencies, under this part if the agency or
consortium does not show progress in the elimination,
reduction, or prevention of minority group isolation in its
magnet school program over the first 3-year period during
which the agency or consortium was awarded such grant.''.
SEC. 511. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
Section 5311(a) (20 U.S.C. 7231j(a)) is amended by striking
``$125,000,000 for fiscal year 2002'' and inserting
``$300,000,000 for fiscal year 2016''.
Subtitle C--Fund for the Improvement of Education
SEC. 512. FUND FOR THE IMPROVEMENT OF EDUCATION.
(a) In General.--Part D of title V (20 U.S.C. 7241 et seq.)
is amended to read as follows:
``Part D--A Well-rounded Education
``Subpart 1--Grants to Support STEM Education
``SEC. 5401. PURPOSE.
``The purpose of this subpart is to improve student
academic achievement in STEM subjects by--
``(1) improving instruction in such subjects from preschool
through grade 12;
``(2) improving student engagement in, and increasing
student access to, courses in such subjects;
``(3) improving the quality and effectiveness of classroom
instruction by recruiting, training, and supporting effective
teachers and providing robust tools and supports for students
and teachers in such subjects;
``(4) implementing and integrating college and career ready
standards, described in section 1111(b)(2), in STEM subjects
and assessments aligned with those standards;
``(5) closing student achievement gaps, and preparing more
students for postsecondary education and careers, in such
subjects, particularly students who are traditionally
underrepresented in STEM subject fields; and
``(6) Recognizing that STEM subjects are diverse and that
STEM education programs must expose students to content and
skills in a host of constantly changing and evolving content
areas.
``SEC. 5402. GRANTS; ALLOTMENTS.
``(a) Reservations.--
``(1) In general.--From the amounts appropriated under
section 5410 for a fiscal year, the Secretary shall reserve--
``(A) $35,000,000 for a STEM Master Teachers Corps program
under section 5405;
``(B) 3 percent to carry out activities described in
section 5405 and technical assistance to States, including
technical assistance with implementation of programs
consistent with the purpose of this subpart; and
``(C) if funds are not awarded by formula, as described in
subsection (c)(1), 5 percent for State capacity-building
grants in accordance with paragraph (2).
``(2) Capacity-building grants.--
``(A) In general.--In any year for which funding is
distributed competitively, as described in subsection (b)(1),
the Secretary may award 1 capacity-building grant to each
eligible entity that does not receive a grant under
subsection (b), on a competitive basis, to enable such States
to become more competitive in future years.
``(B) Duration.--Grants awarded under subparagraph (A)
shall be for a period of 1 year.
``(b) Competitive Grants.--
``(1) In general.--For each fiscal year for which the
amount appropriated to carry out this subpart is less than
$250,000,000, the Secretary shall award grants, on a
competitive basis, to eligible entities to enable such
eligible entities to carry out the activities described in
this subpart.
``(2) Duration.--Grants awarded under this subsection shall
be for a period of not more than 3 years.
``(3) Renewal.--
``(A) In general.--If an eligible entity demonstrates
progress, as measured by the metrics reported in section
5406(a)(5), the Secretary may renew a grant for an additional
2-year period.
``(B) Reduced funding.--Grant funds awarded under
subparagraph (A) shall be awarded at a reduced amount.
``(c) Formula Grants.--
``(1) In general.--For each fiscal year for which the
amount appropriated to carry out this subpart is equal to or
more than $250,000,000, the Secretary shall award grants to
States, based on the formula described in paragraph (2).
``(2) Distribution of funds.--The Secretary shall allot to
each State--
``(A) an amount that bears the same relationship to 35
percent of the excess amount as the number of individuals
ages 5 through 17 in the State, as determined by the
Secretary on the basis of the most recent satisfactory data,
bears to the number of those individuals in all such States,
as so determined; and
``(B) an amount that bears the same relationship to 65
percent of the excess amount as the number of individuals
ages 5 through 17 from families with incomes below the
poverty line, in the State, as determined by the Secretary on
the basis of the most recent satisfactory data, bears to the
number of those individuals in all such States, as so
determined.
``(3) Funding minimum.--No State receiving an allotment
under this subsection may receive less than one-half of 1
percent of the
[[Page H1435]]
total amount allotted under paragraph (1) for a fiscal year.
``(4) Reallotment of unused funds.--If a State does not
successfully apply for or receive an allotment under this
subsection for a fiscal year, the Secretary shall reallot the
amount of the State's allotment to the remaining States in
accordance with this subsection.
``SEC. 5403. APPLICATIONS.
``(a) In General.--Each eligible entity desiring a grant
under this subpart, whether through a competitive grant under
section 5402(b) or through an allotment under section
5402(c), shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as
the Secretary may require.
``(b) Contents.--At a minimum, an application submitted
under subsection (a) shall include the following:
``(1) A description of how grant funds will be used by the
eligible entity.
``(2) A description of how the eligible entity has involved
a variety of stakeholders in the development of the
application and a description of how the State or eligible
entity will continue to involve stakeholders in any education
reform efforts related to STEM subject instruction.
``(3) A description of the steps the eligible entity will
take to ensure that programs implemented by the subgrantees
use evidence-based strategies, ensure high-quality curricula,
and provide high-quality professional development.
``(4) An assurance that the eligible entity, in making
awards under section 5404(c), will give priority to
subgrantees that--
``(A) propose to serve students in schools in need of
support and persistently low achieving schools; or
``(B) propose to serve schools with a high percentage or
number of students that are eligible for free or reduced
price lunch under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.).
``(5) A description of how the eligible entity's activities
and subgrants will be coordinated with other Federal, State,
and local programs and activities, including career and
technical education programs authorized under the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.).
``(6) A review of the industry and business workforce needs
in the State in jobs that require knowledge or training in
STEM subject areas and a description of how that review will
inform efforts to improve education in STEM subjects.
``(7) A description of how the eligible entity will
allocate funds in a manner that will provide services to both
elementary schools and secondary schools.
``(8) A description of the technical assistance that the
eligible entity will provide to subgrantees to support the
activities undertaken by the subgrantees, including--
``(A) activities to employ multi-tiered systems of support
to provide early intervening services and to increase student
achievement in STEM subjects;
``(B) activities to ensure increased access for students
who are traditionally underrepresented in STEM subject fields
(including female students, minority students, students who
are limited English proficient, students who are children
with disabilities, and students from low-income families) to
high-quality courses and other learning experiences;
``(C) implementing evidence-based programs of instruction
based on college and career ready standards and high-quality
assessments in the identified subjects; and
``(D) developing curricula consistent with the principles
of universal design for learning as defined in section 103 of
the Higher Education Act of 1965.
``(9) A description of the key data metrics that will be
used and reported annually under section 5406(a)(5), that
shall include--
``(A) student academic achievement on mathematics and
science State academic assessments and student growth; and
``(B) for diploma granting schools, graduation rates.
``(10) Assurances that the eligible entity will monitor
implementation of approved subgrantee plans.
``SEC. 5404. AUTHORIZED ACTIVITIES.
``(a) Required Activities.--Each eligible entity that
receives a grant under this subpart shall use not more than 5
percent of the grant funds to carry out each of the following
activities:
``(1) Providing technical assistance to subgrantees as
described in section 5403(b)(7) and technical assistance to
subgrantees that are prioritized in section 5404(d),
including subgrantees that serve low-capacity rural and urban
areas by--
``(A) informing those subgrantees that they have a priority
for competing for grants under section 5404(b); and
``(B) providing subgrantees who do not receive a grant
under section 5404(c) technical assistance so that they may
re-compete in following competitions.
``(2) Identifying and supporting high-quality professional
development and other comprehensive systems of support for
teachers and school leaders to promote high-quality
instruction and instructional leadership in the identified
subjects, aligned to college and career ready standards where
applicable.
``(3) Disseminating information, including making publicly
available on the websites of the State educational agency, on
promising practices to improve student achievement in STEM
subject areas.
``(b) Permissible Activities.--Each eligible entity that
receives a grant under this subpart may use the grant funds
to carry out 1 or more of the following activities:
``(1) Recruiting qualified teachers and instructional
leaders who are trained in identified subjects, including
teachers who have transitioned into the teaching profession
from a career in a STEM field.
``(2) Providing induction and mentoring services to new
teachers in identified subjects.
``(3) Developing instructional supports, such as curricula
and assessments, which shall be evidence-based and aligned
with State academic standards and may include online
education.
``(4) Training personnel of subgrantees to use data systems
to continuously improve student achievement in STEM subjects
and use the data to better target curriculum and instruction
to meet the needs of each student.
``(c) Subgrants.--
``(1) In general.--Each eligible entity that receives a
grant under this subpart shall award subgrants, on a
competitive basis, to eligible subgrantees.
``(2) Minimum subgrant.--An eligible entity shall award
subgrants under this subsection that are of sufficient size
and scope to support high-quality, evidence-based, effective
programs that are consistent with the purpose of this
subpart.
``(3) Subgrantee application.--Each subgrantee desiring a
subgrant under this subsection shall submit an application to
the eligible entity at such time, in such manner, and
accompanied by such information as the eligible entity may
require, including, at a minimum:
``(A) A description of the needs identified by the
subgrantee, based on a needs assessment which shall include--
``(i) data for elementary school and secondary school
grades, as applicable and to the extent that such data are
available, on--
``(I) student achievement in science and mathematics,
including such data collected in accordance with the State
academic assessments;
``(II) science and mathematics teacher evaluation results
or ratings;
``(III) student access to mathematics and science courses
needed to enroll in credit-bearing coursework at institutions
of higher education in the State;
``(IV) access to science and mathematics courses for
student prekindergarten through grade 12 attending schools
prioritized under section 5404(d);
``(V) the percentage of students successfully--
``(aa) completing Advanced Placement (AP) or International
Baccalaureate (IB) courses in science and mathematics
subjects; or
``(bb) completing rigorous postsecondary education courses
in science and mathematics subjects;
``(VI) rates of college remediation in mathematics; and
``(VII) teacher shortages and teacher distribution among
the local educational agencies and schools served by the
subgrantee in science and mathematics subjects; and
``(ii) an analysis of the implementation of any multi-
tiered systems of support that have been employed by the
local educational agency served by the subgrantee to address
the learning needs of students in any STEM subjects.
``(B) A description of the activities that the subgrantee
will carry out based on the findings of the needs assessment
described in subparagraph (A), and how such activities will
improve teaching and student academic achievement in the
identified subjects, in a manner consistent with evidence-
based research.
``(C) A description of how the subgrantee will use funds
provided under this subsection to serve students and teachers
in schools prioritized under section 5404(d).
``(D) A description of how funds provided under this
subsection will be coordinated with other Federal, State, and
local programs and activities, including career and technical
education programs authorized under the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.).
``(E) If the subgrantee is working with outside partners, a
description of how such outside partners will be involved in
improving instruction and increasing access to high-quality
learning experiences in the identified subjects.
``(4) Subgrantee use of funds.--
``(A) Required use of funds.--Each subgrantee that receives
a subgrant under this subsection shall use the subgrant funds
to carry out activities for students from preschool through
grade 12, consistent with the analysis and the activities
described in the subgrantee's application, which shall
include--
``(i) high-quality teacher and instructional leader
recruitment, support, evaluation, and professional
development in the identified subjects;
``(ii) professional development, which may include
development and support for instructional coaches, to enable
teachers and instructional leaders to increase student
achievement in identified subjects, through--
``(I) implementation of classroom assessments; and
``(II) differentiation of instruction in identified
subjects for all students, including for
[[Page H1436]]
students with disabilities and students who are English
learners;
``(iii) activities to--
``(I) improve the content knowledge of teachers; and
``(II) facilitate professional collaboration, which may
include providing time for such collaborations;
``(iv) training to principals and teachers in implementing
STEM subject initiatives, particularly in the areas of--
``(I) utilizing data;
``(II) assessing the quality of STEM subject instruction;
and
``(III) providing time and support for teachers to plan
STEM subject instruction;
``(v) the development, adoption, and improvement of high-
quality curricula, assessments, materials, and instructional
supports that--
``(I) are aligned with State academic standards; and
``(II) the subgrantee will use to improve student academic
achievement in identified subjects; and
``(vi) the development or improvement, and implementation,
of multi-tiered systems of support to provide early
intervening services and to increase student achievement in 1
or more of the identified subjects.
``(B) Permissible use of funds.--In addition to the
required activities described in subparagraph (A), each
subgrantee that receives a subgrant under this subsection,
may also use the subgrant funds to--
``(i) support the participation of low-income students in
nonprofit competitions and out-of-school activities related
to STEM (such as robotics, science research, invention,
mathematics, and technology competitions), including--
``(I) the purchase of parts and supplies needed to
participate in such competitions;
``(II) incentives and stipends for teachers and
instructional leaders who are involved in assisting students
and preparing students for such competitions, if such
activities fall outside the regular duties and
responsibilities of such teachers and instructional leaders;
and
``(III) paying expenses associated with the participation
of low-income students in such local, regional, or national
competitions;
``(ii) improve the laboratories of schools served by the
subgrantee and provide instrumentation as part of a
comprehensive program to enhance the quality of STEM
instruction, including--
``(I) purchase, rental, or leasing of equipment,
instrumentation, and other scientific educational materials;
``(II) maintenance, renovation, and improvement of
laboratory facilities;
``(III) professional development and training for teachers;
``(IV) development of instructional programs designed to
integrate the laboratory experience with classroom
instruction and to be consistent with college and career
ready content standards in STEM subjects;
``(V) training in laboratory safety for school personnel;
``(VI) design and implementation of hands-on laboratory
experiences to encourage the interest of students, especially
students who are traditionally underrepresented in STEM
subject fields (including female students, minority students,
students who are limited English proficient, students who are
children with disabilities, and students from low-income
families) in STEM subjects and help prepare such students to
pursue postsecondary studies in these fields; and
``(VII) assessment of the activities funded under this
subparagraph;
``(iii) broaden secondary school students' access to, and
interest in, careers that require academic preparation in 1
or more identified subjects;
``(iv) integrate instruction in the identified subjects
with instruction in reading, English language arts, or other
core and noncore academic subjects;
``(v) develop and implement a STEAM curriculum, which means
the integration of instruction in the identified subjects
with instruction in the arts and design; or
``(vi) establish or access online or distance learning
programs for STEM subject teachers using evidence-based
curricula.
``(C) Limitation.--Each subgrantee that receives a subgrant
under this subsection shall not expend more than 15 percent
of the subgrant funds on the activities described in
subparagraph (B).
``(D) Matching funds.--
``(i) In general.--A State or eligible entity may require
an eligible subgrantee receiving a subgrant under this
subsection to demonstrate that such subgrantee has obtained a
commitment from 1 or more outside partners to match, using
non-Federal funds, a portion of the amount of subgrant funds,
in an amount determined by the State or eligible entity.
``(ii) Required minimum.--Notwithstanding clause (i), if an
eligible subgrantee partners with an outside partner that is
a for-profit entity, such subgrantee shall obtain matching
funds from the outside partner in an amount equal to not less
than 15 percent of the amount of the subgrant.
``(d) Priority.--In awarding grants under this subpart, an
eligible entity shall give priority to subgrantees proposing
to target services to--
``(1) students in schools in need of support and high-
priority schools; or
``(2) schools with a high percentage of students that are
eligible for free or reduced price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
``SEC. 5405. NATIONAL COORDINATION.
``From the amount reserved under section 5402(a)(1)(B), the
Secretary shall consult with the Director of the National
Science Foundation and other Federal agencies conducting STEM
education programs to enhance such programs and to improve
coordination across agencies, such as--
``(1) clarifying the appropriate roles for the Department
of Education and the National Science Foundation in the
execution of summer workshops, institutes, or partnerships to
improve STEM education in elementary and secondary schools;
or
``(2) integrating afterschool, out-of-school, and informal
education efforts conducted across Federal agencies into
strategies for enhancing and improving STEM education.
``SEC. 5406. STEM MASTER TEACHER CORPS PROGRAM.
``(a) Grants Authorized.--From the funds reserved under
section 5402(a)(1)(A), the Secretary shall award 1 or more
grants, on a competitive basis, to entities described in
subsection (b)(1) to enable such entities to establish and
operate a one-time STEM master teacher corps program.
``(b) Stem Master Teacher Corps.--The term `STEM master
teacher corps' (referred to in this section as the `corps')
means a one-time program--
``(1) that establishes the viability of creating a long-
term national-level master teacher corps as a means to
recognize and reward accomplished STEM educators;
``(2) operated by 1 or more State educational agencies, or
a consortium of local educational agencies, acting in
partnership with 1 or more outside partners that have a
demonstrated record of success in improving the effectiveness
of STEM teachers or increasing the retention of such
teachers;
``(3) that selects a group of highly rated teachers
(through a process, and for a duration, determined by the
entity described in paragraph (1)), as members of the corps,
that constitutes not less than 5 percent and not more than 10
percent of elementary school, middle school, and high school
teachers who teach STEM subjects and who--
``(A) teach in a participating high-need school in the
region served by the entity described in paragraph (1); or
``(B) agree to teach in a participating high-need school in
the region served by the entity described in paragraph (1) if
accepted as a member of the corps; and
``(4) that aims to attract, improve, and retain teachers
who teach STEM subjects and to increase student achievement
in such subjects, including by--
``(A) providing instructional leadership responsibilities
for corps members in their schools, local educational
agencies, or States, such as mentoring beginning STEM
teachers and leading professional development activities for
teachers not participating in the corps;
``(B) providing corps members with research-based
professional development on instructional leadership and
effective teaching methods for STEM subjects, including
coordinating with out-of-school-time and afterschool programs
to provide engaging STEM programs;
``(C) providing each teacher who is a corps member with a
salary supplement of not less than $10,000 per year, in
recognition of such teacher's teaching accomplishments,
leadership, and increased responsibilities, for each year
such teacher serves as a member of the corps; and
``(D) building a community of practice among corps members
to enable such members to network, collaborate, and to share
best practices and resources with each other.
``(c) Duration.--Grants awarded under this section shall be
for a period of not more than 3 years, after which the
program under this subsection shall end.
``(d) Application.--Each entity described in subsection
(b)(1) desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require.
``(e) Matching Funds.--The Secretary may require a grantee
under this section to provide non-Federal matching funds in
an amount equal to the amount of grant funds awarded under
this section.
``SEC. 5407. REPORTING REQUIREMENTS.
``(a) Eligible Entity Reports.--Each State educational
agency receiving an award under section 5403 shall report
annually to the Secretary regarding the State educational
agency's progress in addressing the purposes of this subpart.
Such report shall include, at a minimum, a description of--
``(1) the professional development activities provided
under the award, including types of activities and entities
involved in providing professional development to classroom
teachers and other program staff;
``(2) the types of programs and, for children from
preschool to kindergarten entry, program settings, funded
under the award;
``(3) the ages and demographic information that is not
individually identifiable of children served by the programs
funded under the award;
``(4) student performance on data metrics identified under
section 5403(b)(8) used for STEM initiatives; and
``(5) the outcomes of programs and activities provided
under the award.
``(b) Eligible Subgrantee Reports.--Each eligible entity
receiving a subgrant under section 5404(c) shall report
annually to the
[[Page H1437]]
State educational agency regarding the eligible entity's
progress in addressing the purposes of this subpart. Such
report shall include, at a minimum, a description of--
``(1) how the subgrant funds were used; and
``(2) student performance on relevant program metrics, as
identified in the State education agency's implementation
plan under section 5403(b)(8).
``SEC. 5408. SUPPLEMENT NOT SUPPLANT.
``Funds received under this subpart shall be used to
supplement, and not supplant, funds that would otherwise be
used for activities authorized under this subpart.
``SEC. 5409. MAINTENANCE OF EFFORT.
``A State that receives funds under this subpart for a
fiscal year shall maintain the fiscal effort provided by the
State for the subjects supported by the funds under this
subpart at a level equal to or greater than the level of such
fiscal effort for the preceding fiscal year.
``SEC. 5410. DEFINITIONS.
``In this subpart:
``(1) Eligible entity.--The term `eligible entity' means a
State educational agency in partnership with--
``(A) another State educational agency;
``(B) a consortium of State educational agencies; or
``(C) the State agencies that oversee childcare programs,
state-funded prekindergarten, and part C of Individuals with
Disabilities Education Act.
``(2) Eligible subgrantee.--The term `eligible subgrantee'
means--
``(A) a local educational agency;
``(B) 1 or more local educational agencies providing early
learning programs, or 1 or more public or private early
learning programs, serving children from preschool through
kindergarten entry, such as a Head Start agency, a child care
program, or a State-funded pre-kindergarten program, as
appropriate;
``(C) an educational service agency serving more than 1
local educational agency;
``(D) a national intermediary with demonstrated expertise
in STEM;
``(E) a consortium of local educational agencies; or
``(F) any of the entities described in subparagraphs (A)
through (D) working in partnership with an outside partner.
``(3) Multi-tiered system of support.--The term `multi-
tiered system of support' means a comprehensive system of
differentiated supports that includes evidence-based
instruction, universal screening, progress monitoring,
formative assessments, research-based interventions matched
to student needs and educational decisionmaking using student
outcome data.
``(4) Outside partner.--The term `outside partner' means an
entity that has expertise and a demonstrated record of
success in improving student learning and engagement in the
STEM subjects, including any of the following:
``(A) A nonprofit or community-based organization, such as
an Indian tribe.
``(B) A business.
``(C) A nonprofit cultural organization, such as a museum
or learning center.
``(D) An institution of higher education.
``(E) An educational service agency.
``(F) Another appropriate entity.
``(5) STEM subjects.--The term `STEM Subjects' means the
subjects of science, technology, engineering, and
mathematics, including other academic subjects that build on
or are integrated with these subjects, such as statistics,
computer science, and environmental literacy, the arts and
design, or other subjects a State identifies as important to
the workforce of the State.
``SEC. 5411. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $500,000,000 for fiscal year 2016 and such sums as
may be necessary for subsequent fiscal years.
``Subpart 2--Grants to Support Comprehensive Literacy Education
``SEC. 5421. PURPOSES.
``The purposes of this subpart are--
``(1) to improve student literacy and academic achievement,
including the ability to problem solve, communicate
effectively, and acquire new knowledge and skills;
``(2) to assist State educational agencies and local
educational agencies in the development, coordination, and
implementation of comprehensive literacy plans that promote
high-quality evidence based instruction in alignment with
State early learning and college- and career-ready standards
from preschool through grade 12;
``(3) to identify and support students reading and writing
significantly below grade level by providing evidence-based,
intensive interventions to help the students acquire the
language and literacy skills the students need to stay on
track for graduation;
``(4) to support State educational agencies and local
educational agencies in improving reading, writing, and
literacy-based academic achievement for children and
students, especially children and students who are low-
income, are English learners, are migratory, are children
with disabilities, are Indian or Alaskan Native, are
neglected or delinquent, are homeless, are in the custody of
the child welfare system, or have dropped out of school;
``(5) to provide assistance to local educational agencies
in order to provide educators with ongoing, job-embedded
professional development and other support focusing on
imparting and employing--
``(A) the characteristics of effective language and
literacy instruction;
``(B) the special knowledge and skills necessary to teach
and support literacy development effectively across the
developmental span and age span;
``(C) the essential components of reading instruction; and
``(D) the essential components of writing instruction;
``(6) to evaluate whether the professional development
activities and approaches are effective in building knowledge
and skills of educators and their use of appropriate and
effective practices.
``(7) to support State educational agencies and local
educational agencies in using age appropriate and
developmentally appropriate instructional materials and
strategies that assist teachers as the teachers work with
students to develop reading and writing competencies
appropriate to the students' grade and skill levels;
``(8) to support efforts to link and align college and
career-ready standards and evidence-based teaching practices
and instruction in early childhood education programs serving
children from preschool through kindergarten entry;
``(9) strengthening coordination among schools, early
literacy programs, family literacy programs, juvenile justice
programs, public libraries, and outside-of-school programs
that provide children and youth with strategies, curricula,
interventions, and assessments designed to advance early and
continuing language and literacy development in ways
appropriate for each context; and
``(10) to engage the participation of parents in supporting
their child's communication and literacy development.
``SEC. 5422. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized--
``(1) to award State planning grants in accordance with
section 5423; and
``(2) to award State implementation grants in accordance
with section 5424 to enable the State educational agency to--
``(A) carry out the State activities described in section
5425;
``(B) award subgrants to eligible entities in accordance
with section 5426; and
``(C) award subgrants to eligible entities in accordance
with section 5427.
``(b) Awards to State Educational Agencies.--
``(1) Amounts less than $250,000,000.--If the amount
appropriated under section 5430 for a fiscal year is less
than $250,000,000, then the Secretary shall--
``(A) reserve not more than 5 percent to award planning
grants, on a competitive basis, to State educational
agencies, in accordance with section 5423; and
``(B) use the amount not reserved under subparagraphs (A)
to make awards, on a competitive basis, to State educational
agencies serving States that have applications approved under
section 5424(b) to enable the State educational agencies to
carry out sections 5424 and 5425.
``(2) Amounts equal to or exceeding $250,000,000.--
``(A) In general.--If the amount appropriated under section
5430 for a fiscal year equals or exceeds $250,000,000, then
the Secretary shall--
``(i) reserve a total of 1 percent of such amount for--
``(I) allotments for the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands, to be distributed among such outlying areas
on the basis of their relative need, as determined by the
Secretary in accordance with the purposes of this subpart;
and
``(II) the Secretary of the Interior for programs under
sections 5423, 5424, 5425, 5426, and 5427 in schools operated
or funded by the Bureau of Indian Education;
``(ii) reserve not more than 5 percent to award planning
grants, to State educational agencies serving States, in
accordance with section 5423;
``(iii) reserve not more than 3 percent for national
activities, such as evaluations, training, and technical
assistance, to the Department of Education to support
comprehensive literacy reform at the State level; and
``(iv) use the amount not reserved under clauses (i), and
(ii) to make awards, from allotments under subparagraph (C),
to State educational agencies serving States that have
applications approved under section 5424 and that are not
receiving an allotment under clause (i)(I), to enable the
State educational agencies to carry out sections 5424 and
5425.
``(B) Special rules.--
``(i) Proportional division.--In each fiscal year, the
amount reserved under subparagraph (A)(i) shall be divided
between the uses described in subclauses (I) and (II) of
subparagraph (A)(i) in the same proportion as the amount
reserved under section 1121(a) is divided between the uses
described in paragraphs (1) and (2) of such section for such
fiscal year.
``(ii) Consultation.--A State educational agency that
receives an allotment under this paragraph shall engage in
timely and meaningful consultation with representatives of
Indian tribes located in the State in order to
[[Page H1438]]
improve the coordination and quality of activities designed
to develop effective approaches to achieve the purposes of
this subpart consistent with the cultural, language, and
educational needs of Indian students.
``(C) State allotment formula.--The Secretary shall allot
the amount made available under subparagraph (A)(iv) for a
fiscal year among the States not receiving an allotment from
the reservation under subparagraph (A)(i)(I) in proportion to
the number of children, from preschool through age 17, who
reside within the State and are from families with incomes
below the poverty line for the most recent fiscal year for
which satisfactory data are available, compared to the number
of such children who reside in all such States for that
fiscal year.
``(3) Minimum award amount.--Notwithstanding paragraphs (1)
and (2), no State educational agency receiving an award under
this section for a fiscal year may receive less than one-
fourth of 1 percent of the total amount appropriated under
section 5430 for the fiscal year, except as provided under
paragraph (2)(A)(i).
``(c) Peer Review.--The Secretary shall convene a peer
review panel to evaluate the application for each grant
awarded to a State educational agency under sections 5423 and
5424 and shall make a copy of the peer review comments
available to the public.
``(d) Supplement Not Supplant.--Award funds provided under
this subpart shall supplement, and not supplant, other
Federal, State, or local funds that would, in the absence of
such award funds, be made available for literacy instruction
and support of children and students participating in
programs assisted under this subpart.
``(e) Maintenance of Effort.--Each State educational agency
that receives an award under sections 5423 and 5424, and each
eligible entity that receives a subgrant under section 5426
or 5427, shall maintain for the fiscal year for which the
grant or subgrant is received and for each subsequent fiscal
year the expenditures of the State educational agency or
eligible entity, respectively, for literacy instruction at a
level not less than the level of such expenditures maintained
by the State educational agency or eligible entity,
respectively, for the fiscal year preceding such fiscal year
for which the grant or subgrant is received.
``SEC. 5423. STATE PLANNING GRANTS.
``(a) Planning Grants Authorized.--
``(1) In general.--From any amounts made available under
paragraph (1)(A) or (2)(A)(ii) of section 5422(b), the
Secretary may award planning grants to State educational
agencies to enable the State educational agencies to develop
or improve a comprehensive planning to carry out activities
that improve literacy for children and students from
preschool through grade 12.
``(2) Grant period.--A planning grant awarded under this
section shall be for a period of not more than 1 year.
``(3) Nonrenewability.--The Secretary shall not award a
State educational agency more than 1 planning grant under
this section.
``(4) Limitation.--A State educational agency may not
receive a planning grant under this section at the same time
it is receiving an implementation grant under section 5424.
``(b) Application.--
``(1) In general.--Each State educational agency desiring a
planning 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) Existing plan.--An existing federally funded State
literacy plan can be used to meet the requirements of this
subsection.
``(c) Required Activities.--A State educational agency
receiving planning grant funds under this section shall carry
out each of the following activities:
``(1) Reviewing reading, writing, or other literacy
resources and programs, such as school library programs,
high-quality distance learning programs, and data across the
State to identify any literacy needs and gaps in the State.
``(2) Forming or designating a State literacy leadership
team which shall execute the following functions:
``(A) Creating a comprehensive State literacy plan that--
``(i) is designed to improve language, reading, writing,
and academic achievement for children and students,
especially those reading below grade level;
``(ii) includes a needs assessment and an implementation
plan, including an analysis of child and student literacy
data to identify baseline and benchmark levels of literacy
and early literacy skills in order to monitor progress and
improvement, and a plan to improve literacy levels among all
children and students;
``(iii) ensures high quality strategies and instruction in
early literacy development (which includes communication,
reading, and writing) in early childhood education programs
serving children from preschool through kindergarten entry
and in kindergarten through grade 12 programs;
``(iv) provides for activities designed to improve literacy
achievement for students who--
``(I) read or write below grade level;
``(II) attend schools in need of support and high-priority
schools; and
``(III) attend schools with a high percentage or number of
students that are eligible for free or reduced price lunch
under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.); and
``(v) is submitted to the Secretary.
``(B) Providing recommendations to guide the State
educational agency in the State educational agency's process
of strengthening State literacy standards and embedding State
literacy standards with the State's college and career ready
standards, academic achievement standards, and early learning
standards.
``(C) Providing recommendations to guide the State
educational agency in the State educational agency's process
of measuring, assessing, and monitoring progress in literacy
at the school, local educational agency, and State levels.
``(D) Identifying criteria for high quality professional
development providers, which providers may include qualified
teachers within the State, for the State educational agency
and local educational agencies.
``(E) Advising the State educational agency on how to help
ensure that local educational agencies and schools provide
timely and appropriate data to teachers to inform and improve
instruction.
``(F) Providing recommendations to guide the State
educational agency in the State educational agency's planning
process of building educators' capacity to provide high-
quality literacy instruction.
``(3) Reporting requirement.--Not later than 1 year after a
State educational agency receives a planning grant under this
section, the State educational agency shall submit a report
to the Secretary on the State educational agency's
performance of the activities described in this subsection.
``SEC. 5424. STATE IMPLEMENTATION GRANTS.
``(a) Implementation Grants Authorized.--
``(1) In general.--From awards made available under
paragraph (1)(B) or (2)(A)(iv) of section 5422(b), the
Secretary shall, on a competitive basis or through
allotments, respectively, award implementation grants to
State educational agencies to enable the State educational
agencies--
``(A) to implement a comprehensive literacy plan that meets
the criteria in section 5423(c)(2)(A) for programs serving
children from preschool through kindergarten entry through
grade 12 programs;
``(B) to carry out State activities under section 5425; and
``(C) to award subgrants under sections 5426 and 5427.
``(2) Limitation.--The Secretary shall not award a
implementation grant under this section to a State for any
year for which the State has received a planning grant under
section 5423.
``(3) Duration of grants.--An implementation grant under
this section shall be awarded for a period of not more than 5
years.
``(4) Renewals.--
``(A) In general.--Implementation grants under this section
may be renewed.
``(B) Conditions.--In order to be eligible to have an
implementation grant renewed under this paragraph, the State
educational agency shall demonstrate to the satisfaction of
the Secretary that--
``(i) the State educational agency has complied with the
terms of the grant, including using the funds to--
``(I) increase access to high-quality professional
development;
``(II) use developmentally appropriate curricula and
teaching materials; and
``(III) use developmentally appropriate classroom-based
instructional assessments and developmentally appropriate
screening and diagnostic assessments; and
``(ii) with respect to students in kindergarten through
grade 12, during the period of the grant there has been
significant progress in student achievement, as measured by
the metrics described in section 5424(b)(2)(C).
``(b) State Applications.--
``(1) In general.--A State educational agency that desires
to receive an implementation grant under this section shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require. The State educational agency shall collaborate with
all State agencies responsible for administering early
childhood education programs, and the State agency
responsible for administering child care programs, in the
State in writing and implementing the early learning portion
of the grant application under this subsection.
``(2) Contents.--An application described in paragraph (1)
shall include the following:
``(A) A description of the members of the State literacy
leadership team and a description of how the State
educational agency has developed a comprehensive State
literacy plan, as described in section 5423(c)(2)(A).
``(B) An implementation plan that includes a description of
how the State educational agency will--
``(i) carry out the State activities described in section
5425;
``(ii) assist eligible entities with--
``(I) providing strategic and intensive literacy
instruction based on scientifically valid research for
students who are reading and writing below grade level,
including through the use of multi-tiered systems of support,
including addressing the literacy needs of children and youth
with disabilities or developmental delays and English
learners in early childhood education programs serving
children from preschool through kindergarten entry and
programs serving students from preschool through grade 12;
[[Page H1439]]
``(II) providing training to parents, as appropriate, so
that the parents can participate in the literacy related
activities described in sections 5426 and 5427 to assist in
the language and literacy development of their children;
``(III) selecting and using reading and writing
assessments;
``(IV) providing classroom-based instruction that is
supported by one-to-one and small group work;
``(V) using curricular materials and instructional tools,
which may include technology, to improve instruction and
literacy achievement;
``(VI) providing for high-quality professional development;
and
``(VII) using the principles of universal design for
learning, as described in section 5429(b)(21);
``(iii) ensure that local educational agencies in the State
have leveraged and are effectively leveraging the resources
needed to implement effective literacy instruction, and have
the capacity to implement literacy initiatives effectively;
``(iv) continually coordinate and align the activities
assisted under this section and sections 5426 and 5427 with
reading, writing, and other literacy resources and programs
across the State and locally that serve children and students
and their families and promote literacy instruction and
learning, including strengthening partnerships among schools,
libraries, local youth-serving agencies, and programs, in
order to improve literacy for all children and youth; and
``(v) ensure that funds provided under this section are
awarded in a manner that will provide services to all grade
levels, including proportionally to middle schools and high
schools.
``(C) A description of the key data metrics that will be
used and reported annually under section 5427(b)(1)(E), that
shall include--
``(i) student academic achievement on the English language
arts State academic assessments and student growth over time;
``(ii) for diploma granting schools, graduation rates;
``(D) An assurance that the State educational agency will
use implementation grant funds under this section for
literacy programs as follows:
``(i) Not less than 10 percent of such grant funds shall be
used for State and local programs and activities pertaining
to learners from preschool through kindergarten entry.
``(ii) Not less than 40 percent of such implementation
grant funds shall be used for State and local programs and
activities allocated equitably among the grades of
kindergarten through grade 5.
``(iii) Not less than 40 percent of such implementation
grant funds shall be used for State and local programs and
activities, allocated equitably among grades 6 through 12.
``(iv) Not more than 10 percent of such implementation
grant funds shall be used for the State activities described
in section 5425.
``(E) An assurance that the State educational agency shall
give priority to awarding a subgrant to an eligible entity--
``(i) under section 5426 based on the number or percentage
of children younger than the age of kindergarten entry and
the number of students from kindergarten through 17 who are--
``(I) served by the eligible entity; and
``(II) from families with income below the poverty line,
based on the most recent satisfactory data provided to the
Secretary by the Bureau of the Census for determining
eligibility under section 1124(c)(1)(A); and
``(ii) under section 5427, that proposes to serve--
``(I) a high number or percentage of students served by the
eligible entity that are reading and writing below grade
level according to State assessments;
``(II) students that attend schools in need of support and
high-priority schools; and
``(III) students that attend schools with a high percentage
or number of students that are eligible for free or reduced
price lunch under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.).
``(c) Approval of Applications.--
``(1) In general.--The Secretary, in consultation with the
peer review panel established under paragraph (2), shall
evaluate State educational agency applications under
subsection (b) based on the responsiveness of the
applications to the application requirements under such
subsection.
``(2) Peer review.--The Secretary shall convene a peer
review panel in accordance with section 5422(c) to evaluate
applications for each implementation grant awarded to a State
educational agency under this section.
``(3) Early learning.--In order for a State educational
agency's application under this section to be approved by the
Secretary, the application shall contain an assurance that
the State agencies responsible for administering early
childhood education programs and services, including the
State agency responsible for administering child care
programs and the State Advisory Council on Early Childhood
Education and Care established under section 642B(b) of the
Head Start Act (42 U.S.C. 9837b(b)), approves of, and will be
extensively consulted in the implementation of related
activities and services consistent with section 5426 with
respect to, the early learning portion of the application.
``SEC. 5425. STATE ACTIVITIES.
``(a) Required Activities.--A State educational agency
shall use funds made available under section 5422(a)(2)(A)
and described in section 5424(b)(2)(D)(iv) to carry out the
activities proposed in a State's plan consistent with section
5424(b)(2), including the following activities:
``(1) Carrying out the assurances and activities provided
in the State application under section 5424(b)(2).
``(2) In consultation with the State literacy leadership
team, providing technical assistance or engaging qualified
providers to provide technical assistance to eligible
entities to enable the eligible entities to design and
implement a literacy program under sections 5426 and 5427.
``(3) Providing technical assistance to eligible entities
that are prioritized in section 5424(b)(2)(E), including
eligible entities that serve low-capacity rural and urban
areas by--
``(A) informing those eligible entities that they have a
priority for competing for grants under section 5426 and
5427; and
``(B) providing eligible entities who do not receive a
grant under section 5426 and 5427 technical assistance so
that they may re-compete in following competitions.
``(4) Continuing to consult with the State literacy
leadership team and continuing to coordinate with
institutions of higher education in the State--
``(A) in order to provide recommendations to strengthen and
enhance preservice courses for students preparing, at
institutions of higher education in the State, to teach
children from preschool through grade 12 in explicit,
systematic, and intensive instruction in evidence-based
literacy methods; and
``(B) by following up reviews completed by the State
literacy leadership team with recommendations to ensure that
such institutions offer courses that meet the highest
standards.
``(5) Reviewing and updating, in collaboration with
teachers, statewide educational and professional
organizations representing teachers, and statewide
educational and professional organizations representing
institutions of higher education, State licensure and
certification standards in the area of literacy instruction
in early childhood education through grade 12.
``(6) Making publicly available, including on the State
educational agency's website, information on promising
instructional practices to improve student literacy
achievement.
``(b) Permissive Activities.--After carrying out activities
described in subsection (a), a State educational agency may
use remaining funds made available under section
5422(a)(2)(A) and described in section 5424(b)(2)(D)(iv) to
carry out 1 or more of the following activities:
``(1) Training the personnel of eligible entities to use
data systems that track student literacy achievement.
``(2) Developing literacy coach training programs and
training literacy coaches.
``(3) Building public support among local educational
agency personnel, early childhood education programs, and the
community for comprehensive literacy instruction for children
and students from preschool through grade 12.
``SEC. 5426. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF
PRESCHOOL THROUGH KINDERGARTEN ENTRY LITERACY.
``(a) Subgrants.--
``(1) In general.--A State educational agency, in
consultation with the State agencies responsible for
administering early childhood education programs and
services, including the State agency responsible for
administering child care programs and the State Advisory
Council on Early Childhood Education and Care established
under section 642B(b) of the Head Start Act (42 U.S.C.
9837b(b)), shall use implementation grant funds provided
under section 5422(a)(2)(B) to award subgrants, on a
competitive basis, to eligible entities to enable the
eligible entities to support high-quality early literacy
initiatives for children from preschool through kindergarten
entry.
``(2) Duration.--The term of subgrant under this section
shall be for 5 years.
``(b) Sufficient Size and Scope.--Each subgrant awarded
under this section shall be of sufficient size and scope to
allow the eligible entity to carry out high-quality early
literacy initiatives for children from preschool through
kindergarten entry.
``(c) Local Applications.--An eligible entity desiring to
receive a subgrant under this section shall submit an
application to the State educational agency, at such time, in
such manner, and containing such information as the State
educational agency may require. Such application shall
include a description of--
``(1) how the subgrant funds will be used to enhance the
language and literacy aspects of school readiness of
children, from preschool through kindergarten entry, in early
childhood education programs, including an analysis of the
data used to identify how funds will be used to improve
language and literacy;
``(2) the programs assisted under the subgrant, including
demographic and socioeconomic information on the children
enrolled in the programs;
``(3) a budget for the eligible entity that projects the
cost of developing and implementing literacy initiatives to
carry out the activities described in subsection (e);
``(4) how, if the eligible entity is requesting a planning
period, the eligible entity will use that planning period to
prepare for successful implementation of a plan to support
the
[[Page H1440]]
development of learning and literacy consistent with the
purposes of this subpart;
``(5) the literacy initiatives, if any, in place and how
these initiatives will be coordinated and integrated with
activities supported under this section;
``(6) how the subgrant funds will be used to prepare and
provide ongoing assistance to staff in the programs, through
high-quality professional development;
``(7) how the subgrant funds will be used to provide
services, incorporate activities, and select and use literacy
instructional materials that meet the diverse developmental
and linguistic needs of children, including English learners
and children with disabilities and developmental delays, and
that are based on scientifically valid research on child
development and learning for children from preschool through
kindergarten entry;
``(8) how the subgrant funds will be used to provide
screening assessments, diagnostic assessments, classroom-
based instructional assessments, and assessments of
developmental progress;
``(9) how families and caregivers will be involved, as
appropriate, in supporting their children's literacy
development, instruction, and assessment;
``(10) how the subgrant funds will be used to help
children, particularly children experiencing difficulty with
oral and written language, to make the transition from early
childhood education to formal classroom instruction;
``(11) how the activities assisted under the subgrant will
be coordinated with literacy instruction at the kindergarten
through grade 5 level;
``(12) how the subgrant funds will be used--
``(A) to evaluate the success of the activities assisted
under the subgrant in enhancing the early language and
literacy development of children from preschool through
kindergarten entry; and
``(B) to evaluate data for program improvement; and
``(13) such other information as the State educational
agency may require.
``(d) Approval of Local Applications.--The State
educational agency, in consultation with the State agencies
responsible for administering early childhood education
programs, including the State agency responsible for
administering child care programs and the State Advisory
Council on Early Childhood Education and Care established
under section 642B(b) of the Head Start Act (42 U.S.C.
9837b(b)), shall--
``(1) select applications for funding under this section
based on the quality of the applications submitted, including
the relationship between literacy activities proposed and the
research base or data supporting such activities, as
appropriate, and the recommendations of--
``(A) the State literacy leadership team; and
``(B) other experts in the area of early literacy; and
``(2) place priority for funding programs based on the
criteria in section 5424(b)(2)(E)(i).
``(e) Local Uses of Funds.--
``(1) In general.--An eligible entity that receives a
subgrant under this section shall use the subgrant funds
consistent with the application proposed in subsection (c) to
carry out the following activities:
``(A) Enhancing and improving early childhood education
programs to ensure that children in such programs are
provided with high-quality oral language and literature- and
print-rich environments in which to develop early literacy
skills.
``(B) Providing high-quality professional development.
``(C) Acquiring, providing training for, and implementing
screening assessments, diagnostic assessments, and classroom-
based instructional assessments.
``(D) Selecting, developing, and implementing a multi-
tiered system of support.
``(E) Integrating evidence-based instructional materials,
activities, tools, and measures into the programs offered by
the eligible entity to improve development of early learning
language and literacy skills.
``(F) Training providers and personnel to support, develop,
and administer high-quality early learning literacy
initiatives that--
``(i) utilize data--
``(I) to inform instructional design; and
``(II) to assess literacy needs; and
``(ii) provide time and support for personnel to meet to
plan literacy instruction.
``(G) Providing for family literacy services, as
appropriate, and partnering with families to support their
child's learning.
``(H) Annually collecting, summarizing, and reporting to
the State educational agency data--
``(i) to document and monitor, for the purpose of improving
or increasing early literacy and language skills development
pursuant to activities carried out under this section;
``(ii) to stimulate and accelerate improvement by
identifying the programs served by the eligible entity that
produce significant gains in skills development; and
``(iii) for all subgroups of students and categories of
students that--
``(I) utilizes a variety of data; and
``(II) is consistent across the State.
``(2) Limitation.--An eligible entity that receives a
subgrant under this section shall not use more than 10
percent of the subgrant funds to purchase curricula and
assessment materials.
``(f) Prohibition.--The use of assessment items and data on
any assessment authorized under this section to provide
rewards or sanctions for individual children, early childhood
educators, teachers, program directors, or principals is
prohibited.
``SEC. 5427. CONSEQUENCES OF INSUFFICIENT PROGRESS, REPORTING
REQUIREMENTS, AND CONFLICTS OF INTEREST.
``(a) Consequences of Insufficient Progress.--
``(1) Consequences for grant recipients.--If the Secretary
determines that a State educational agency receiving an award
under section 5422(b) or an eligible entity receiving a
subgrant under section 5426 or 5427 is not making significant
progress in meeting the purposes of this subpart and the key
metrics identified by the State educational agency under
section 5424(b)(2)(C) after the submission of a report
described in subsection (b), then the Secretary may withhold,
in whole or in part, further payments under this subpart in
accordance with section 455 of the General Education
Provisions Act (20 U.S.C. 1234d) or take such other action
authorized by law as the Secretary determines necessary,
including providing technical assistance upon request of the
State educational agency or eligible entity, respectively.
``(2) Consequences for subgrant recipients.--
``(A) In general.--A State educational agency receiving an
award under section 5422(b) may refuse to award subgrant
funds to an eligible entity under section 5426 or 5427 if the
State educational agency finds that the eligible entity is
not making significant progress in meeting the purposes of
this subpart, after--
``(i) affording the eligible entity notice, a period for
correction, and an opportunity for a hearing; and
``(ii) providing technical assistance to the eligible
entity.
``(B) Funds available.--Subgrant funds not awarded under
subparagraph (A) shall be redirected to an eligible entity
serving similar children and students in the same area or
region as the eligible entity not awarded the subgrant funds,
to the greatest extent practicable.
``(b) Reporting Requirements.--
``(1) State educational agency reports.--Each State
educational agency receiving an award under section 5422(b)
shall report annually to the Secretary regarding the State
educational agency's progress in addressing the purposes of
this subpart. Such report shall include, at a minimum, a
description of--
``(A) the professional development activities provided
under the award, including types of activities and entities
involved in providing professional development to classroom
teachers and other program staff, such as school librarians;
``(B) the instruction, strategies, activities, curricula,
materials, and assessments used in the programs funded under
the award;
``(C)(i) the types of programs and, for children from
preschool to kindergarten entry, program settings, funded
under the award; and
``(ii) the ages and demographic information that is not
individually identifiable of children served by the programs
funded under the award;
``(D) the experience and qualifications of the program
staff who provide literacy instruction under the programs
funded under the award, including the experience and
qualifications of those staff working with children with
disabilities or developmental delays and with English
learners and children from preschool to kindergarten entry;
``(E) key data metrics identified under section
5424(b)(2)(C) used for literacy initiatives;
``(F) student performance on relevant program metrics, as
identified in the State education agency's implementation
plan under section 5424(b)(2)(C); and
``(G) the outcomes of programs and activities provided
under the award.
``(2) Eligible entity reports.--Each eligible entity
receiving a subgrant under section 5426 or 5427 shall report
annually to the State educational agency regarding the
eligible entity's progress in addressing the purposes of this
subpart. Such report shall include, at a minimum, a
description of--
``(A) how the subgrant funds were used; and
``(B) student performance on relevant program metrics, as
identified in the State education agency's implementation
plan under section 5424(b)(2)(C).
``(c) Conflicts of Interest.--The Secretary shall ensure
that each member of the peer review panel described in
section 5422(c) and each member of a State literacy
leadership team participating in a program or activity
assisted under this subpart does not stand to benefit
financially from a grant or subgrant awarded under this
subpart.
``SEC. 5428. DEFINITIONS.
``In this subpart:
``(1) Characteristics of effective literacy strategies and
instruction.--The term `characteristics of effective literacy
strategies and instruction' means--
``(A) for children from preschool through kindergarten
entry--
``(i) providing high quality professional development
opportunities for early childhood educators, teachers, and
school leaders in--
``(I) literacy development;
``(II) language development;
``(III) English language acquisition (as appropriate); and
[[Page H1441]]
``(IV) effective language and literacy instruction and
teaching strategies aligned to State standards;
``(ii) reading aloud to children, engaging children in
shared reading experiences, discussing reading with children,
and modeling age and developmentally appropriate reading
strategies;
``(iii) encouraging children's early attempts at
communication, reading, writing, and drawing, and talking
about the meaning of the reading, writing, and drawing with
others;
``(iv) creating conversation rich classrooms and using oral
modeling techniques to build oral language skills;
``(v) multiplying opportunities for children to use
language with peers and adults;
``(vi) providing strategic and explicit instruction in the
identification of speech sounds, letters, and letter-sound
correspondence;
``(vii) integrating oral and written language;
``(viii) stimulating vocabulary development;
``(ix) using differentiated instructional approaches or
teaching strategies, including--
``(I) individual and small group instruction or
interactions; and
``(II) professional development, curriculum development,
and classroom instruction;
``(x) applying the principles of universal design for
learning, as described in section 5429(b)(21);
``(xi) using age-appropriate screening assessments,
diagnostic assessments, formative assessments, and summative
assessments to identify individual learning needs, to inform
instruction, and to monitor--
``(I) student progress and the effects of instruction over
time; and
``(II) for children between the ages of preschool and
kindergarten entry, progress and development within
established norms;
``(xii) coordinating the involvement of families, early
childhood education program staff, principals, other school
leaders, and teachers in the reading and writing achievement
of children served under this subpart;
``(xiii) using a variety of age and developmentally
appropriate, high quality materials for language development,
reading, and writing;
``(xiv) encouraging family literacy experiences and
practices, and educating teachers, public librarians, and
parents and other caregivers about literacy development and
child literacy development; and
``(xv) using strategies to enhance children's--
``(I) motivation to communicate, read, and write; and
``(II) engagement in self-directed learning;
``(B) for students in kindergarten through grade 3--
``(i) providing high quality professional development
opportunities, for teachers, literacy coaches, literacy
specialists, English as a second language specialists (as
appropriate), school librarians, and principals, on literacy
development, language development, English language
acquisition, and effective literacy instruction that--
``(I) aligns to State standards as well as local curricula
and instructional assessments; and
``(II) addresses literacy development opportunities across
the curricula;
``(ii) providing age appropriate direct and explicit
instruction;
``(iii) providing strategic, systematic, and explicit
instruction in phonological awareness, phonic decoding,
vocabulary, reading fluency, and reading comprehension;
``(iv) making available and using diverse texts at the
reading, development, and interest level of students;
``(v) providing multiple opportunities for students to
write individually and collaboratively with instruction and
feedback;
``(vi) using differentiated instructional approaches,
including individual, small group, and classroom-based
instruction and discussion;
``(vii) using oral modeling techniques and opportunities
for students to use language with the students' peers and
adults to build student language skills;
``(viii) providing time and opportunities for systematic
and intensive instruction, intervention, and practice to
supplement regular instruction, which can be provided inside
and outside the classroom as well as during and outside
regular school hours;
``(ix) providing instruction in uses of print materials and
technological resources for research and for generating and
presenting content and ideas;
``(x) using screening assessments, diagnostic assessments,
formative assessments, and summative assessments to identify
student learning needs, to inform instruction, and to monitor
student progress and the effects of instruction over time;
``(xi) coordinating the involvement of families,
caregivers, teachers, principals, other school leaders, and
teacher literacy teams in the reading and writing achievement
of children served under this subpart;
``(xii) encouraging family literacy experiences and
practices; and
``(xiii) using strategies to enhance students'--
``(I) motivation to read and write; and
``(II) engagement in self-directed learning; and
``(C) for students in grades 4 through 12--
``(i) providing high quality professional development
opportunities for teachers, literacy coaches, literacy
specialists, English as a second language specialists (as
appropriate), school librarians, and principals, including
professional development on literacy development, language
development, and effective literacy instruction embedded in
schools and aligned to State standards;
``(ii) providing direct and explicit comprehension
instruction;
``(iii) providing direct and explicit instruction that
builds academic vocabulary and strategies and knowledge of
text structure for reading different kinds of texts within
and across core academic subjects;
``(iv) making available and using diverse texts at the
reading, development, and interest level of the students;
``(v) providing multiple opportunities for students to
write with clear purposes and critical reasoning appropriate
to the topic and purpose and with specific instruction and
feedback from teachers and peers;
``(vi) using differentiated instructional approaches;
``(vii) using strategies to enhance students'--
``(I) motivation to read and write; and
``(II) engagement in self-directed learning;
``(viii) providing for text-based learning across content
areas;
``(ix) providing systematic, strategic, and individual and
small group instruction, including intensive supplemental
intervention for students reading significantly below grade
level, which may be provided inside and outside the classroom
as well as during and outside regular school hours;
``(x) providing instruction in the uses of technology and
multimedia resources for classroom research and for
generating and presenting content and ideas;
``(xi) using screening assessments, diagnostic assessments,
formative assessments, and summative assessments to identify
learning needs, inform instruction, and monitor student
progress and the effects of instruction;
``(xii) coordinating the involvement of families and
caregivers, to the extent feasible and appropriate as
determined by the Secretary, to improve reading, writing, and
academic achievement; and
``(xiii) coordinating the involvement of school librarians,
teachers, principals, other school leaders, teacher literacy
teams, and English as a second language specialists (as
appropriate), that analyze student work and plan or deliver
instruction over time.
``(2) Classroom-based instructional assessment.--The term
`classroom-based instructional assessment' means an
assessment, for children between preschool through grade 3,
that--
``(A) is valid and reliable for the age and population of
children being assessed;
``(B) is used to evaluate children's developmental progress
and learning, including systematic observations by teachers
of children performing tasks, including academic and literacy
tasks, that are part of their daily classroom experience; and
``(C) is used to improve classroom instruction.
``(3) Comprehensive literacy instruction.--The term
`comprehensive literacy instruction' means instruction that--
``(A) involves the characteristics of effective literacy
instruction; and
``(B) is designed to support the essential components of
reading instruction and the essential components of writing
instruction.
``(4) Developmental delay.--The term `developmental delay'
has the meaning given the term in section 632 of the
Individuals with Disabilities Education Act (20 U.S.C. 1432).
``(5) Diagnostic assessment.--The term `diagnostic
assessment' means an assessment that--
``(A) is valid, reliable, and based on scientifically valid
research on language, literacy, and English language
acquisition;
``(B) is used for the purposes of--
``(i) identifying a student's specific areas of strengths
and weaknesses in oral language and literacy;
``(ii) determining any difficulties that the student may
have in oral language and literacy and the potential cause of
such difficulties; and
``(iii) helping to determine possible literacy intervention
strategies and related special needs of the student; and
``(C) in the case of young children, is conducted after a
screening assessment that identifies potential risks or a
lack of school preparedness, including oral language and
literacy development, or delayed development.
``(6) Eligible entity.--The term `eligible entity' means--
``(A) when used with respect to children from preschool
through kindergarten entry--
``(i) 1 or more local educational agencies providing early
childhood education programs, or 1 or more public or private
early childhood education programs, serving children from
preschool through kindergarten entry (such as a Head Start
program, a child care program, a State-funded prekindergarten
program, a public library program, or a family literacy
program), that has a demonstrated record of providing
effective literacy instruction for the age group such agency
or program proposes to serve under section 5426; or
``(ii) 1 or more entities described in clause (i) acting in
partnership with 1 or more public agencies or private
nonprofit organizations that have a demonstrated record of
effectiveness--
[[Page H1442]]
``(I) in improving the early literacy development of
children from preschool through kindergarten entry; and
``(II) in providing professional development aligned with
the activities described in section 5426(e)(1); or
``(B) when used with respect to students in kindergarten
through grade 12--
``(i) that is--
``(I) a local educational agency;
``(II) a consortium of local educational agencies; or
``(III) or a local educational agency or consortium of
local educational agencies that may act in partnership with 1
or more public agencies or private nonprofit organizations,
which agencies or organizations shall have a demonstrated
record of effectiveness, consistent with the purposes of
their participation, in improving literacy achievement of
students from kindergarten through grade 12 and in providing
professional development described in section 5427(a)(3)(B);
``(ii) that--
``(I) is among, or consists of, the local educational
agencies in the State with the highest numbers or percentages
of students reading or writing below grade level, based on
the most currently available State academic assessment data;
``(II) has jurisdiction over a significant number or
percentage of schools that are identified for school
improvement under section 1116; or
``(iii) has the highest numbers or percentages of children
who are counted under section 1124(c), in comparison to other
local educational agencies in the State.
``(7) English language acquisition.--
``(A) In general.--The term `English language acquisition'
means the process by which a non-native English speaker
acquires proficiency in speaking, listening, reading, and
writing the English language.
``(B) Inclusions for english learners in school.--For an
English language learner in school, such term includes not
only the social language proficiency needed to participate in
the school environment, but also the academic language
proficiency needed to acquire literacy and academic content
and demonstrate the student's learning.
``(8) Essential components of reading instruction.--The
term `essential components of reading instruction' means
developmentally appropriate, contextually explicit,
systematic instruction, and frequent practice, in reading
across content areas.
``(9) Essential components of writing instruction.--The
term `essential components of writing instruction' means
developmentally appropriate and contextually explicit
instruction, and frequent practice, in writing across content
areas.
``(10) Family literacy services.--The term `family literacy
services' means literacy services provided on a voluntary
basis that are of sufficient intensity in terms of hours and
duration and that integrate all of the following activities:
``(A) Interactive literacy activities between or among
parents and their children, including parent literacy
training.
``(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.
``(11) Formative assessment.--The term `formative
assessment' means a process that--
``(A) is teacher-generated or selected by teachers and
students during instructional learning;
``(B) is embedded within the learning activity and linked
directly to the current unit of instruction; and
``(C) provides feedback to adjust ongoing teaching and
learning to improve students' achievement of intended
instructional outcomes.
``(12) High-quality professional development.--The term
`high-quality professional development' means professional
development that--
``(A) is job-embedded, ongoing, and based on scientifically
valid research;
``(B) is sustained, intensive, and classroom-focused;
``(C) is designed to increase the knowledge and expertise
of teachers, early childhood educators and administrators,
principals, other school leaders, and other program staff in
applying--
``(i) the characteristics of effective literacy
instruction;
``(ii) the essential components of reading instruction;
``(iii) the essential components of writing instruction;
and
``(iv) instructional strategies and practices that are
appropriate to the age, development, and needs of children
and improve student learning, including strategies and
practices consistent with the principles of universal design
for learning, as described in section 5429(b)(21);
``(D) includes and supports teachers in effectively
administering age appropriate and developmentally appropriate
assessments, and analyzing the results of such assessments
for the purposes of planning, monitoring, adapting, and
improving effective classroom instruction or teaching
strategies to improve student literacy;
``(E) for educators working with students in kindergarten
through grade 12--
``(i) supports the characteristics of effective literacy
instruction through core academic subjects, and through
career and technical education subjects where such career and
technical education subjects provide for the integration of
core academic subjects; and
``(ii) includes explicit instruction in discipline-specific
thinking and how to read and interpret discipline-specific
text structures and features;
``(F) includes instructional strategies utilizing one-to-
one, small group, and classroom-based instructional materials
and approaches based on scientifically valid research on
literacy;
``(G) provides ongoing instructional literacy coaching--
``(i) to ensure high-quality implementation of effective
practices of literacy instruction that are content-centered,
integrated across the curricula, collaborative, and embedded
in the school, classroom, or other setting; and
``(ii) that uses student data to improve instruction;
``(H) includes and supports teachers in setting high
reading and writing achievement goals for all students and
provides the teachers with the instructional tools and skills
to help students reach such goals; and
``(I) is differentiated for educators working with children
from preschool through kindergarten entry, students in
kindergarten through grade 5, and students in grades 6
through 12, and, as appropriate, by student grade or student
need.
``(13) Literacy coach.--The term `literacy coach' means a
professional--
``(A) who--
``(i) has previous teaching experience and--
``(I) a master's degree with a concentration in reading and
writing education;
``(II) demonstrated proficiency in teaching reading or
writing in a core academic subject consistent with the
characteristics of effective literacy instruction; or
``(III) in the case of a literacy coach for children from
preschool through kindergarten entry, a concentration,
credential, or significant experience in child development
and early literacy development; and
``(ii) is able to demonstrate the ability to help
teachers--
``(I) apply research on how students become successful
readers, writers, and communicators;
``(II) apply multiple forms of assessment to guide
instructional decisionmaking and use data to improve literacy
instruction;
``(III) improve student writing and reading in and across
content areas such as mathematics, science, social studies,
and language arts;
``(IV) develop and implement differentiated instruction and
teaching approaches to serve the needs of the full range of
learners, including English learners and children with
disabilities;
``(V) apply principles of universal design for learning, as
described in section 5429(b)(21);
``(VI) employ best practices in engaging principals, early
childhood educators and administrators, teachers, and other
professionals supporting literacy instruction to change
school cultures to better encourage and support literacy
development and achievement; and
``(VII)(aa) for children from preschool through
kindergarten entry, set developmentally appropriate
expectations for language; and
``(bb) for all children, set literacy development and high
reading and writing achievement goals and select, acquire,
and use instructional tools and skills to help the children
reach such goals; and
``(B) whose role with teachers and professionals supporting
literacy instruction is--
``(i) to provide high-quality professional development;
``(ii) to work cooperatively and collaboratively with
principals, teachers, and other professionals in employing
strategies to help teachers identify and support student
language and literacy needs and teach literacy across content
areas and developmental domains; and
``(iii) to work cooperatively and collaboratively with
other professionals in employing strategies to help teachers
teach literacy across content areas so that the teachers can
meet the needs of all students, including children with
disabilities, English learners, and students who are reading
at or above grade level.
``(14) Multi-tiered system of support.--The term `multi-
tiered system of support' means a comprehensive system of
differentiated supports that includes evidence-based
instruction, universal screening, progress monitoring,
formative assessments, evidence-based interventions matched
to student needs and educational decisionmaking using student
outcome data.
``(15) Reading.--The term `reading' means a complex system
of deriving meaning from print that requires, in ways that
are developmentally, content, and contextually appropriate,
all of the following:
``(A) Phonemes.--The skills and knowledge to understand how
phonemes, or speech sounds, are connected to print.
``(B) Accuracy, fluency, and understanding.--The ability to
read accurately, fluently, and with understanding.
``(C) Reading comprehension.--The use of background
knowledge and vocabulary to make meaning from a text.
``(D) Active strategies.--The development and use of
appropriate active strategies
[[Page H1443]]
to interpret and construct meaning from print.
``(16) Scientifically valid research.--The term
`scientifically valid research' has the meaning given the
term in section 200 of the Higher Education Act of 1965 (20
U.S.C. 1021).
``(17) Screening assessment.--The term `screening
assessment' means an assessment that--
``(A) is valid, reliable, and based on scientifically valid
research on literacy and English language acquisition; and
``(B) is a procedure designed as a first step in
identifying children who may be at high risk for delayed
development or academic failure and in need of further
diagnosis of the children's need for special services or
additional literacy instruction.
``(18) Specialized instructional support personnel
(sisp).--The term `Specialized Instructional Support
Personnel' or `SISP' 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 (included 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.
``(19) State.--The term `State' has the meaning given the
term in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
``(20) State literacy leadership team.--
``(A) In general.--The term `State literacy leadership
team' means a team that--
``(i) is appointed and coordinated by the State educational
agency;
``(ii) assumes the responsibility to guide the development
and implementation of a statewide, comprehensive literacy
plan;
``(iii) is composed of not less than 11 individuals; and
``(iv) shall include--
``(I) not less than 3 individuals who have literacy
expertise in one of each of the areas of--
``(aa) preschool through school entry, such as the State
Head Start collaboration director;
``(bb) kindergarten entry through grade 5; and
``(cc) grades 6 through 12;
``(II) a school principal;
``(III) teachers and administrators with expertise in
literacy and special education;
``(IV) teachers and administrators with expertise in
teaching the English language to English learners;
``(V) a representative from the State educational agency
who oversees literacy initiatives; and
``(VI) a representative from higher education who is
actively involved in research, development, or teacher
preparation in literacy instruction and intervention based on
scientifically valid research.
``(B) Inclusion of a preexisting partnership.--If, before
the date of enactment of the Student Success Act, a State
educational agency established a consortium, partnership, or
any other similar body that was considered a literacy
partnership for purposes of subpart 1 or 2 of part B of title
I and that includes the individuals required under
subparagraph (A)(iv), such consortium, partnership, or body
may be considered a State literacy leadership team for
purposes of subparagraph (A).
``(21) Summative assessment.--The term `summative
assessment' means an assessment that--
``(A) is valid, reliable, and based on scientifically valid
research on literacy and English language acquisition; and
``(B) measures--
``(i) for children from preschool through kindergarten
entry, how the children have progressed over time relative to
developmental norms; and
``(ii) for students in kindergarten through grade 12, what
the students have learned over time, relative to academic
content standards.
``(22) Universal design for learning.--The term `universal
design for learning' has the meaning given the term in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
``(23) Writing.--The term `writing' means--
``(A) composing meaning in print or through other media,
including technologies, to communicate and to create new
knowledge in ways appropriate to the context of the writing
and the literacy development stage of the writer;
``(B) composing ideas individually and collaboratively in
ways that are appropriate for a variety of purposes,
audiences, and occasions;
``(C) choosing vocabulary, tone, genre, and conventions,
such as spelling and punctuation, suitable to the purpose,
audience, and occasion; and
``(D) revising compositions for clarity of ideas,
coherence, logical development, and precision of language
use.
``SEC. 5430. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $500,000,000 for fiscal year 2016 and such sums as
may be necessary for subsequent fiscal years.
``Subpart 3--A Well-Rounded Education
``SEC. 5431. PROGRAM AUTHORIZED.
``From the amount appropriated each fiscal year to carry
out this subpart, the Secretary--
``(1) shall--
``(A) reserve not less than 5 percent for national
activities under section 5438; and
``(B) of the funds remaining after the Secretary reserves
funds under subparagraph (A)--
``(i) use at least 25 percent to award grants to eligible
entities under this subpart to carry out proven practices,
strategies, or programs in American history, civic education,
and geography;
``(ii) use at least 15 percent to award grants to eligible
entities under this subpart to carry out proven practices,
strategies, or programs in economic and financial literacy
education and entrepreneurship education;
``(iii) use at least 15 percent to award grants to eligible
entities under this subpart to carry out proven practices,
strategies, or programs in foreign language education;
``(iv) use at least 15 percent to award grants to eligible
entities under this subpart to carry out proven practices,
strategies, or programs for music and the arts education; and
``(v) use at least 10 percent to award grants to eligible
entities under this subpart to carry out proven practices,
strategies, or programs in Javits gifted and talented
education; and
``(vi) use at least 10 percent to award grants to eligible
entities as described in section 5432(2) to carry out proven
practices, strategies, or programs in ready-to-learn; and
``(2) may use the funds remaining after the Secretary
reserves and uses funds under paragraph (1) to award grants
to eligible entities under this subpart to carry out any of
the proven practices, strategies, or programs described in
clauses (i) through (v) of paragraph (1)(B).
``SEC. 5432. ELIGIBLE ENTITY DEFINED.
``In this subpart, an eligible entity means one of the
following:
``(1) A State educational agency, local educational agency,
or an educational service agency with a local educational
agency that is in partnership with one or more of the
following:
``(A) An institution of higher education.
``(B) A nonprofit organization with demonstrated expertise
in the content areas described in section 5431(1)(B).
``(C) A library or museum.
``(2) A public telecommunications entity that is able to
demonstrate each of the following:
``(A) A capacity for the development and national
distribution of educational and instructional television
programming of high quality that is accessible by a large
majority of disadvantaged preschool and elementary school
children.
``(B) A capacity to contract with the producers of
children's television programming for the purpose of
developing educational television programming of high
quality.
``(C) A capacity, consistent with the entity's mission and
nonprofit nature, to negotiate such contracts in a manner
that returns to the entity an appropriate share of any
ancillary income from sales of any program-related products.
``(D) A capacity to localize programming and materials to
meet specific State and local needs and to provide
educational outreach at the local level.
``SEC. 5433. GRANT PRIORITY, DURATION, AND SIZE AND SCOPE
REQUIREMENTS.
``(a) Priority.--In awarding grants under this subpart, the
Secretary shall give priority to--
``(1) eligible entities proposing to serve schools in need
of support or persistently low achieving schools; and
``(2) eligible entities proposing to serve a high
percentage and number of children from families with incomes
below the poverty line according to the most recent census
data approved by the Secretary.
``(b) Duration.--The Secretary shall award grants under
this subpart for a period of 5 years.
``(c) Sufficient Size and Scope.--In awarding grants under
this subpart, the Secretary shall ensure that grants are of
sufficient size and scope.
``SEC. 5434. SUPPLEMENT, NOT SUPPLANT.
``Funds received under this subpart shall be used to
supplement, not supplant, Federal and non-Federal funds
available to support child and youth services.
``SEC. 5435. APPLICATION REQUIREMENTS.
``(a) In General.--To receive a grant under one or more of
the grant programs described in clauses (i) through (v) of
section 5431(1)(B), an eligible entity shall submit an
application to the Secretary at such time, in such manner,
and containing the information that the Secretary may
require, including the information described in subsection
(c).
``(b) Multiple Applications.--An eligible entity may apply
for one or more grant programs under this subpart, and may
use a consolidated application to apply for more than one
grant program under this subpart .
``(c) Application Requirements.-- An application submitted
under subsection (a) shall contain the following:
``(1) A description of the promising or proven practice,
strategy, or program that the applicant proposes to implement
in a content area listed in clauses (i) through (v) of
section 5431(1)(B).
``(2) A description of how the proposed practice, strategy,
or program is evidence-based and will improve teaching
practices as well as student achievement or student academic
growth especially with high-need student populations.
``(3) A description of how the proposed practice, strategy,
or program fits into the
[[Page H1444]]
State or local educational agency's overall strategy that
students have access to a well-rounded education.
``(4) A description of how the proposed practice, strategy,
or program will be aligned with school improvement plans.
``(5) A description of how the activities will adequately
address the needs of students with disabilities and English
learners.
``(6) A description of the applicant's plan for data
collection, analysis, and dissemination of results and
outcomes, including an assurance that the applicant will make
this information publicly available and accessible to
educators, researchers, and other experts.
``(7) A description of how the applicant will provide for
the completion of an independent evaluation of the project
(including through the use of formative and summative
evaluation methodologies) during the grant period to assess
its impact on student achievement, student academic growth,
student engagement, and other program goals, including its
potential for replication and expansion.
``(8) If the applicant proposes to expand an existing
practice, strategy, or program with at least moderate
evidence, a description of how the applicant proposes to
reach additional participants in such practice, strategy, or
program.
``(d) Peer Review.--The Secretary shall establish a peer-
review process to assist in review of applications submitted
under this section.
``SEC. 5436. USES OF FUNDS.
``(a) In General.--Each eligible entity that receives a
grant under this subpart shall carry out one or more of the
following:
``(1) Plan, develop, expand, or improve practices,
strategies, and programs in the applicable content area.
``(2) Develop and implement instructional materials,
assessments (including performance-based assessments), and
curriculum, aligned with State standards in a content area
listed in clauses (i) through (v) of section 5431(1)(B),
which embed principles of universal design for learning, as
described in section 5429(b)(21), to support students with
diverse learning needs including English learners and
students with disabilities.
``(3) Develop and implement professional development for
teachers in the applicable content area in order to improve
classroom practices.
``(4) Align practices, strategies, and programs with
postsecondary programs for the continuation of instruction in
the academic subject for which the program strategy or
practice proposes to increase student achievement or student
growth.
``(5) Supporting the use of open educational resources or
other innovative uses of technology that are designed to
serve students at all levels of achievement.
``(6) Support efforts to expand access to advanced
coursework, especially for high-need students.
``(7) In the case of an eligible entity that is a State
educational agency, the eligible entity may also provide
technical assistance to local programs within the State.
``(b) Program Specific Requirements for Geography Grants.--
In addition to meeting the requirements of subsection (a), an
eligible entity receiving a grant described in section
5431(1)(B)(i) may use the grant to--
``(1) carry out local, field-based activities for teachers
and students to improve their knowledge of the concepts and
tools of geography while enhancing understanding of their
home region; and
``(2) apply geographic information systems and technology
to the teaching of geography; and
``(3) using internet or distance-learning technology.
``(c) Program Specific Requirements for Economic, Financial
Literacy, and Entrepreneurship Education Grants.--In addition
to meeting the requirements of subsection (a), an eligible
entity receiving a grant described in section
5431(1)(B)(ii)--
``(1) may use the grant to--
``(A) carry out programs to teach personal financial
management skills;
``(B) carry out programs to teach the basic principles
involved with earning, spending, saving, investing, credit,
and insurance; and
``(C) implement financial and economic literacy activities
and sequences of study within, or coordinated with, core
academic subjects; and
``(2) is strongly encouraged to--
``(A) include interactions with the local business
community to the fullest extent possible to reinforce the
connection between economic and financial literacy; and
``(B) work with private businesses to obtain matching
contributions for Federal funds and assist recipients in
working toward self-sufficiency.
``(d) Program Specific Requirements for Foreign Language
Grants.--In addition to meeting the requirements of
subsection (a), an eligible entity receiving a grant
described in section 5431(1)(B)(iii) may use the grant to
carry out the following activities:
``(1) Developing and implementing intensive summer foreign
language programs for professional development.
``(2) Linking nonnative English speakers in the community
with the schools in order to promote two-way language
learning.
``(3) Promoting the sequential study of a foreign language
for students, beginning in elementary schools.
``(4) Making effective use of technology, such as computer-
assisted instruction, language laboratories, or distance
learning, to promote foreign language study.
``(5) Developing and implementing, high quality dual
language programs.
``(6) Promoting innovative activities, such as foreign
language immersion, partial foreign language immersion, or
content-based instruction.
``(7) Providing opportunities for maximum foreign language
exposure for students domestically, such as the creation of
immersion environments in the classroom and school, on
weekend or summer experiences, and special tutoring and
academic support.
``(8) providing for the possibility for multiple entry
points for studying the foreign language.
``(9) Creating partnerships with elementary and secondary
schools in other countries to facilitate language and
cultural learning and exchange.
``(10) Providing support for a language supervisor to
oversee and coordinate the progress of the articulated
foreign language program across grade levels in the local
educational agency funded under this subpart.
``(e) Program Specific Requirements for Javits Gifted and
Talented Grants.--In addition to meeting the requirements of
subsection (a), an eligible entity receiving a grant
described in section 5431(1)(B)(v) may use the grant to carry
out the following activities:
``(1) Providing funds for challenging, high-level course
work, disseminated through technologies (including distance
learning), for individual students or groups of students in
schools and local educational agencies that would not
otherwise have the resources to provide such course work.
``(2) Ensuring that assessments provide diagnostic
information that informs instruction for high-achieving
students.
``(3) Carrying out training and professional development
for school personnel involved in the teaching of high-
achieving, educationally disadvantaged students, such as
instructional staff, principals, counselors, and
psychologists.
``(4) Conducting education and training for parents of
high-achieving, educationally disadvantaged students to
support educational excellence for such students.
``(f) Program Specific Requirements for Ready-to-learn.--In
addition to meeting the requirements of subsection (a), an
eligible entity receiving a grant described in section
5431(1)(B)(vi) may use the grant to carry out the following
activities:
``(1) to develop, produce, and distribute educational and
instructional video programming for preschool and elementary
school children and their parents in order to facilitate
student academic achievement;
``(2) to facilitate the development, directly or through
contracts with producers of children and family educational
television programming, of educational programming for
preschool and elementary school children, and the
accompanying support materials and services that promote the
effective use of such programming;
``(3) to facilitate the development of programming and
digital content containing Ready-to-Learn-based children's
programming and resources for parents and caregivers that is
specially designed for nationwide distribution over public
television stations' digital broadcasting channels and the
Internet;
``(4) to contract with entities (such as public
telecommunications entities) so that programs developed under
this section are disseminated and distributed to the widest
possible audience appropriate to be served by the
programming, and through the use of the most appropriate
distribution technologies; and
``(5) to develop and disseminate education and training
materials, including interactive programs and programs
adaptable to distance learning technologies, that are
designed--
``(A) to promote school readiness; and
``(B) to promote the effective use of materials developed
under subparagraphs (2) and (3) among parents, teachers, Head
Start providers, Even Start providers, providers of family
literacy services, child care providers, early childhood
development personnel, elementary school teachers, public
libraries, and afterschool program personnel caring for
preschool and elementary school children.
``SEC. 5437. EVALUATION.
``Each eligible entity receiving a grant under this subpart
shall conduct an independent program-level evaluation and
submit preliminary results to the Secretary at such a time
and in such manner as the Secretary may require in order to
determine the eligible entity's eligibility to continue to
receive funding under this subpart.
``SEC. 5438. NATIONAL ACTIVITIES.
``(a) In General.--From the amounts reserved under section
5431(1)(A), the Secretary shall carry out the national
activities described in subsection (b) directly or by
entering into contracts with an eligible educational entity.
``(b) National Activities.--The national activities that
shall be carried out under this section are as follows:
``(1) Technical assistance.
``(2) Development of curricula.
``(3) Production, development, and dissemination of high-
quality educational content (including digital content) in
academic content areas under this subpart.
``(4) Research and collecting information on, and
identifying, effective programs and best practices and
disseminating that information to States, local educational
agencies, institutions of higher education, and other
stakeholders.
[[Page H1445]]
``SEC. 5439. PROFESSIONAL DEVELOPMENT ACTIVITIES.
``(a) Eligible Educational Entity Defined.--In this
section, the term `eligible educational entity' means a
national nonprofit educational entity with a proven track
record and demonstrated expertise in one or more of the
following areas as related to the activities described in
subsection (b):
``(1) High-quality professional development programs,
including writing programs for teachers across disciplines
and at all grade levels.
``(2) History education programs.
``(3) Civics and government education programs.
``(4) Economic and financial literacy education programs.
``(5) Geography education programs.
``(6) Foreign Language education programs.
``(7) Music and the arts education programs.
``(8) Gifted and talented programs.
``(9) Reading and book distribution programs, including
pediatric early literacy programs that engage parents.
``(10) Educational and instructional video programming
(including early literacy programming) for a public
telecommunications entity.
``(b) Priority.--In awarding a contract to an eligible
educational entity under this section, the Secretary shall
give priority to an entity that provides support to the
eligible entities receiving a grant under this subpart or
eligible entities receiving a grant under the subpart 1 or 2
to develop instructional systems that provide--
``(1) a systematic and coherent combination of
instructional materials;
``(2) embedded formative and interim assessments;
``(3) professional development;
``(4) information on student learning; and
``(5) academic interventions based on cognitive science and
content-area knowledge and are aligned with college- and
career-ready standards.
``SEC. 5440. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $250,000,000 for fiscal year 2016 and such sums as
may be necessary for each succeeding fiscal year.
``Subpart 4--Transforming Education Through Technology Grants
``SEC. 5441. PURPOSES.
``The purposes of this subpart are to--
``(1) improve the achievement, academic growth, and
college-and-career readiness of students who have developed
the ability to think critically, apply knowledge to solve
complex problems, work collaboratively, communicate
effectively, be self-directed, and be responsible digital
citizens;
``(2) ensure all students have access to individualized,
rigorous, and engaging digital learning experiences;
``(3) ensure that educators have the knowledge and skills
to develop and implement digital learning curriculum, use
technology effectively in order to personalize and strengthen
instruction, and effectively create, deliver, and utilize
assessments to measure student outcomes and support student
success;
``(4) ensure that administrators have the leadership,
management, knowledge, and skills to design, develop, and
implement a school or local educational agency-wide digital
age learning environment; and
``(5) improve the efficiency and productivity of education
through technology.
``SEC. 5442. E-RATE RESTRICTION.
``Funds awarded under this subpart may be used to address
the networking needs of a recipient of such funds for which
the recipient is eligible to receive support under the E-rate
program, except that such funds may not be duplicative of
support received by the recipient under the E-rate program.
``SEC. 5443. RULE OF CONSTRUCTION REGARDING PURCHASING.
``Nothing in this subpart shall be construed to permit a
recipient of funds under this subpart to purchase goods or
services using such funds without ensuring that the purchase
is free of any conflict of interest between such recipient,
or any partner of such recipient, and the person or entity
receiving such funds.
``SEC. 5444. DEFINITIONS.
``In this subpart:
``(1) Digital learning.--The term `digital learning' means
any instructional practice that effectively uses technology
to strengthen a student's learning experience and encompasses
a wide spectrum of tools and practices, including--
``(A) interactive learning resources that engage students
in academic content;
``(B) access to online databases and other primary source
documents;
``(C) the use of data to personalize learning and provide
targeted supplementary instruction;
``(D) student collaboration with content experts and peers;
``(E) online and computer-based assessments;
``(F) digital content, adaptive, and simulation software or
courseware,
``(G) online courses, online instruction, or digital
learning platforms;
``(H) mobile and wireless technologies for learning in
school and at home;
``(I) learning environments that allow for rich
collaboration and communication;
``(J) authentic audiences for learning in a relevant, real
world experience;
``(K) teacher participation in virtual professional
communities of practice; and
``(L) hybrid or blended learning, which occurs under direct
instructor supervision at a school or other location away
from home and, at least in part, through online delivery of
instruction with some element of student control over time,
place, path, or pace.
``(2) Eligible technology.--The term `eligible technology'
means modern information, computer, and communication
technology hardware, software, services, or tools, including
computer or mobile hardware devices and other computer and
communications hardware, software applications, systems and
platforms, and digital and online content, courseware, and
online instruction and other online services and supports,
including technology that is interoperable and is in
accordance with principles of universal design for learning,
as described in section 5429(b)(21).
``(3) Students with disabilities.--The term `students with
disabilities' means students with disabilities as defined
under the Individuals with Disabilities Education Act and
section 504 of the Rehabilitation Act of 1973.
``(4) Student technology literacy.--The term `student
technology literacy' means student knowledge and skills in
using contemporary information, communication, and learning
technologies in a manner necessary for successful employment,
lifelong learning, and citizenship in the knowledge-based,
digital, and global 21st century, including, at a minimum,
the ability to--
``(A) effectively communicate and collaborate;
``(B) analyze and solve problems;
``(C) access, evaluate, manage, and create information and
otherwise gain information literacy;
``(D) demonstrate creative thinking, construct knowledge,
and develop innovative products and processes; and
``(E) carry out the activities described in subparagraphs
(A) through (D) in a safe and ethical manner.
``(5) Technology readiness survey.--The term `technology
readiness survey' means a survey completed by a local
educational agency that provides standardized information
comparable to the information collected through the
technology readiness survey administered under the Race to
the Top Assessment program under section 14006 of division A
of the American Recovery and Reinvestment Act of 2009 (Public
Law 111-5) on the quantity and types of technology
infrastructure and access available to the students served by
the local educational agency, including computer devices,
Internet connectivity, operating systems, related network
infrastructure, data systems, and--
``(A) requiring--
``(i) an internal review of the degree to which
instruction, additional student support, and professional
development is delivered in digital formats, media, and
platforms and is available to students and educators at any
time;
``(ii) an internal review of the ability of educators to
use assessments and other student data to personalize and
strengthen instruction and identify professional development
needs and priorities; and
``(iii) any other information required by the State
educational agency serving the local educational agency; and
``(B) may include an assessment of local community needs to
ensure students have adequate on-line access and access to
devices for school-related work during out-of-school time.
``SEC. 5445. TECHNOLOGY GRANTS PROGRAM AUTHORIZED.
``(a) In General.--From the amounts appropriated under
section 5451, the Secretary shall award State Grants for
Technology Readiness and Access (in this title referred to as
`grants') to State educational agencies to strengthen State
and local technological infrastructure and professional
development that supports digital learning through State
activities under section 5447(c) and local activities under
section 5448(c).
``(b) Grants to State Educational Agencies.--
``(1) Reservations.--From the amounts appropriated under
section 5451 for any fiscal year, the Secretary shall
reserve--
``(A) three-fourths of 1 percent for the Secretary of
Interior to provide assistance under this title for schools
operated or funded by the Bureau of Indian Education; and
``(B) 1 percent to provide assistance under this title to
the outlying areas.
``(2) Grants.--From the amounts appropriated under section
106 for any fiscal year and remaining after the Secretary
makes reservations under paragraph (1), the Secretary shall
make a grant for the fiscal year to each State educational
agency with an approved application under section 5446 in an
amount that bears the same relationship to such remainder as
the amount the State educational agency received under part A
of title I for such year bears to the amount all State
educational agencies with an approved application under
section 102 received under such part (20 U.S.C. 6311 et seq.)
for such year.
``(c) Minimum.--The amount of a grant to a State
educational agency under subsection (b)(2) for a fiscal year
may not be less than one-half of 1 percent of the total
amount made available for grants to all State educational
agencies under such subsection for such year.
[[Page H1446]]
``(d) Reallotment of Unused Funds.--If any State
educational agency does not apply for a grant under
subsection (b)(2) for a fiscal year, or does not use its
entire grant under subsection (b)(2) for such year, the
Secretary shall reallot the amount of the State educational
agency's grant, or the unused portion of the grant, to the
remaining State educational agencies that use their entire
grant amounts under subsection (b)(2) for such year.
``(e) Matching Funds.--
``(1) In general.--A State educational agency that receives
a grant under subsection (b)(2) shall provide matching funds,
from non-Federal sources, in an amount equal to 20 percent of
the amount of grant funds provided to the State educational
agency to carry out the activities supported by the grant.
Such matching funds may be provided in cash or in-kind,
except that any such in-kind contributions shall be provided
for the purpose of supporting the State educational agency's
activities under section 104(c).
``(2) Waiver.--The Secretary may waive the matching
requirement under paragraph (1) for a State educational
agency that demonstrates that such requirement imposes an
undue financial hardship on the State educational agency.
``SEC. 5446. STATE APPLICATIONS.
``(a) Application.--To receive a grant under section
5445(b)(2), a State educational agency shall submit to the
Secretary an application at such time and in such manner as
the Secretary may require and containing the information
described in subsection (b).
``(b) Contents.--Each application submitted under
subsection (a) shall include the following:
``(1) A description of the State Educational Agency's long-
term goals and strategies for improving student academic
achievement, including through student technology literacy,
through the effective use of technology.
``(2) A description of how the State educational agency
will meet the following goals:
``(A) Use technology to ensure all students achieve
college-and-career readiness and technology literacy,
including by providing high-quality education opportunities
to economically or geographically isolated student
populations.
``(B) Provide educators with the tools, devices, content,
and resources to--
``(i) significantly improve teaching and learning,
including support to increase personalization for and
engagement of students in pursuit of college-and-career
readiness and technology literacy; and
``(ii) develop and use assessments to improve instruction,
including instruction consistent with the principles of
universal design for learning, as described in section
5429(b)(21), and instruction for students with disabilities
and English-language learners.
``(C) Ensure administrators and school leaders have the
flexibility and capacity to develop and manage systems to
carry out activities described in subparagraphs (A) and (B),
and support administrators and school leaders in utilizing
technology to promote equity and increase efficiency and
productivity.
``(D) Enable local educational agencies to build the
technological capacity and infrastructure (including through
local purchasing of eligible technology), necessary for the
full implementation of on-line assessments for all students,
(including students with disabilities and English-language
learners) and to--
``(i) ensure the interoperability of data systems and
eligible technology; and
``(ii) carry out subparagraphs (A) through (C).
``(3) A description of the results of the technology
readiness in the State as determined by local educational
agency responses to the technology readiness survey,
including--
``(A) the status of the ability of each local educational
agency served by the State educational agency to meet the
goals described in section 104(b)(1);
``(B) an assurance that not less 90 percent of the local
educational agencies served by the State educational agency
have completed and submitted the technology readiness survey
to the State educational agency; and
``(C) an assurance that the results of the technology
readiness survey for each such local educational agency are
made available to the Secretary and the public through the
Website of the local educational agency.
``(4) A description of the plan for the State educational
agency to support each local educational agency served by the
State educational agency in meeting the goals described in
section 104(b)(1) not later than 3 years after the local
educational agency completes the technology readiness survey
by addressing the readiness gaps identified in such survey.
``(5) A description of the State's process for the
adoption, acquisition, distribution, and use of content, how
the State will ensure integrity of such processes, and how
such processes support the goals under paragraph (1) or how a
State will change such processes to support such goals, and
how the State will ensure content quality.
``(6) A description of how the State educational agency
will ensure its data systems and eligible technology are
interoperable.
``(7) An assurance that the State educational agency will
consider making content widely available through open
educational resources when making purchasing decisions with
funds received under this title.
``(8) A description of the State's student technology
literacy standards and the technology standards for teachers
and administrators, and an assurance that the State's student
technology literacy standards meet the requirements of
section 7(8).
``(9) An assurance that subgrant awards under section 104
will be carried out by the local educational agency staff
with responsibility for leadership, coordination, and
implementation of instructional and other classroom
technologies.
``(10) A description of how the State educational agency
will award subgrants to local educational agencies under
section 104.
``(11) A description of the process, activities,
performance measures, and outcomes in learning, assessment,
teaching, infrastructure, and communication that the State
educational agency will use to evaluate the impact and
effectiveness of the grant and subgrants funds awarded under
this subpart across the State and in each local educational
agency.
``(12) A description of how the State educational agency
will, in providing technical and other assistance to local
educational agencies, give priority to the local educational
agencies proposing to target services to--
``(A) students in schools in need of support and high-
priority schools; and
``(B) schools with a high percentage of students that are
eligible for free or reduced price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
``(13) A description of how the State educational agency
consulted with local educational agencies in the development
of the State educational agency's application under this
subsection.
``(14) An assurance that the State educational agency will
provide matching funds as required under section 101(e).
``(15) A description of how the State educational agency
will ensure that funds received under this title is not
duplicative of support received under the E-rate program.
``(16) An assurance that the State educational agency, in
making awards under section 5448, to improve equity of
technology resources, will expend funds first to local
educational agencies that--
``(A) serve students in schools identified as persistently
low achieving or in need of support to remedy resource
inequities identified in school improvement plans as
described in section 1116; or
``(B) serve schools with a high percentage of students that
are eligible for free or reduced price lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.).
``(17) An assurance that the State educational agency will
protect the privacy and safety of students and teachers,
consistent with requirements of section 444 of the General
Education Provisions Act (20 U.S.C. 1232g) (commonly known as
the `Family Educational Rights and Privacy Act of 1974') and
section 2441(a).
``SEC. 5447. STATE USE OF GRANT FUNDS.
``(a) Reservation for Subgrants to Support Technology
Infrastructure.--Each State educational agency that receives
a grant under section 101(b)(2) shall expend not less 90
percent of the grant amount for each fiscal year to award
subgrants to local educational agencies in accordance with
section 5448.
``(b) Reservation for State Activities.--
``(1) In general.--A State educational agency shall reserve
not more than 10 percent of the grant received under section
101(b)(2) for the State activities described in subsection
(c).
``(2) Grant administration.--Of the amount reserved by a
State educational agency under paragraph (1), the State
educational agency may reserve not more than 1 percent or 3
percent, in the case of a State educational agency awarding
subgrants under section 104(a)(2), for the administration of
the grant under this title, except that a State educational
agency that forms a State purchasing consortium under
subsection (d)--
``(A) may reserve an additional 1 percent to carry out the
activities described in subsection (d)(1); and
``(B) shall receive direct approval from the local
educational agencies receiving subgrants under section 104(a)
from the State educational agency prior to reserving more
than the additional percentage authorized under subparagraph
(A) to carry out the activities described in subsection
(d)(1).
``(c) Priority.--In awarding subgrants under this subpart,
the State educational agency shall give priority to local
educational agencies proposing to target services to--
``(1) students in schools in need of support or high-
priority schools; and
``(2) schools with a high percentage or number of students
that are eligible for free or reduced price lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.).
``(c) State Activities.--A State educational agency shall
use funds described in subsection (b) to carry out each of
the following:
``(1) Except for the awarding of subgrants in accordance
with section 104, activities described in the State
educational agency's application under section 102(b).
[[Page H1447]]
``(2) Providing technical assistance to local educational
agencies to--
``(A) identify and address technology readiness needs;
``(B) redesign curriculum and instruction, improve
educational productivity, and deliver computer-based and
online assessment;
``(C) use technology, consistent with the principles of
universal design for learning, as described in section
5429(b)(21), to support the learning needs of all students
including students with disabilities and English-language
learners;
``(D) support principals to have the expertise to evaluate
teachers' proficiency in implementing digital tools for
teaching and learning; and
``(E) build capacity of individual school and local
educational agency leaders.
``(3) Developing or utilizing research-based or innovative
strategies for the delivery of specialized or rigorous
academic courses and curricula through the use of technology,
including digital learning technologies and assistive
technology.
``(4) Integrating and coordinating activities under this
title with other educational resources and programs across
the State.
``(5) Disseminating information, including making publicly
available on the Websites of the State educational agency
promising practices to improve technology instruction, and
acquiring and implementing technology tools and applications.
``(6) Ensuring that teachers, paraprofessionals, library
and media personnel, specialized instructional support
personnel, and administrators possess the knowledge and
skills to use technology--
``(A) for curriculum redesign to change teaching and
learning and improve student achievement;
``(B) for formative and summative assessment
administration, data analysis, and to personalize learning;
``(C) to improve student technology literacy;
``(D) to expand the range of supports and accommodations
available to English-language learners and students with
disabilities; and
``(E) for their own ongoing professional development and
for access to teaching resources and tools.
``(7) Coordinating with teacher and school leader
preparation programs to--
``(A) align digital learning teaching standards; and
``(B) provide ongoing professional development for teachers
and school leaders that is aligned to State student
technology standards and activities promoting college-and-
career readiness.
``(d) Purchasing Consortia.--
``(1) In general.--A State educational agency receiving a
grant under section 101(b)(2) may--
``(A) form a State purchasing consortium with 1 or more
State educational agencies receiving such a grant to carry
out the State activities described in clause, including
purchasing eligible technology;
``(B) encourage local educational agencies to form local
purchasing consortia under section 104(c)(4); and
``(C) promote pricing opportunities to local educational
agencies for the purchase of eligible technology that are--
``(i) negotiated by the State educational agency or the
State purchasing consortium of the State educational agency;
and
``(ii) available to such local educational agencies.
``(2) Restrictions.--A State educational agency receiving a
grant under section 101(b)(2) may not--
``(A) except for promoting the pricing opportunities
described in paragraph (1)(C), make recommendations to local
educational agencies for or require use of any specific
commercial products and services by local educational
agencies;
``(B) require local educational agencies to participate in
a State purchasing consortia or local purchasing consortia;
or
``(C) use more than the reservation amount authorized for
the administration of the grant under subsection (b) to carry
out the activities described in paragraph (1), unless the
State educational agency receives approval in accordance with
subsection (b)(2)(B).
``SEC. 5448. LOCAL SUBGRANTS.
``(a) Subgrants.--
``(1) Grants to local educational agencies.--From the grant
funds provided under section 101(b)(2) to a State educational
agency that are remaining after the State educational agency
makes reservations under section 104(b) for any fiscal year
and subject to paragraph (2), the State educational agency
shall award subgrants for the fiscal year to local
educational agencies served by the State educational agency
and with an approved application under subsection (b) by
allotting to each such local educational agency an amount
that bears the same relationship to the remainder as the
amount received by the local educational agency under part A
of title I for such year bears to the amount received by all
such local educational agencies under such part for such
year, except that no local educational agency may receive
less than $5,000.
``(2) Competitive grants to local educational agencies.--If
the amount of funds appropriated under section 5459 is less
than $750,000,000 for any fiscal year, a State educational
agency--
``(A) shall not award subgrants under paragraph (1); and
``(B) shall--
``(i) award subgrants, on a competitive basis, to local
educational agencies based on the quality of applications
submitted under (b), including--
``(I) the level of technology readiness as determined by
the technology readiness surveys completed by local
educational agencies submitting such applications; and
``(II) the technology plans described in subsection (b)(3)
and how the local educational agencies with such plans will
carry out the alignment and coordination described in such
subsection; and
``(ii) ensure that such subgrants are of sufficient size
and scope to carry out the local activities described in
subsection (c).
``(3) Definition of local educational agency for certain
fiscal years.--For purposes of awarding subgrants under
paragraph (2), the term `local educational agency' means--
``(A) a local educational agency;
``(B) an educational service agency; or
``(C) a local educational agency and an educational service
agency.
``(b) Application.--A local educational agency that desires
to receive a subgrant under subsection (a) shall submit an
application to the State at such time, in such manner, and
accompanied by such information as the State educational
agency may require, including--
``(1) a description of how the local educational agency
will--
``(A) carry out the goals described in subparagraphs (A)
through (C) of section 101(b)(1); and
``(B) enable schools served by the agency to build the
technological capacity and infrastructure (including through
local purchasing of eligible technology), necessary for the
full implementation of on-line assessments for all students
(including students with disabilities and English-language
learners) and to--
``(i) ensure the interoperability of data systems and
eligible technology; and
``(ii) carry out the goals described in subparagraphs (A)
through (C) of section 101(b)(1); and
``(C) align activities funded under this subpart with
school improvement plans, when applicable, described under
section 1116(b)(3);
``(2) a description of the results of the technology
readiness survey completed by the local educational agency
and a description of the plan for the local educational
agency to meet the goals described in paragraph (1) within 3
years of completing the survey;
``(3) a description of the local educational agency's
technology plan to carry out paragraphs (1) and (3) and how
the agency will align and coordinate the activities under
this section with other activities across the local
educational agency;
``(4) a description of the team of educators that will
coordinate and carry out the activities under this section,
including individuals with responsibility and expertise in
instructional technology, teachers that specialize in
supporting students with disabilities and English-language
learners, school leaders, technology officers, and staff
responsible for assessments and data analysis;
``(5) a description of how the local educational agency
will evaluate teachers' proficiency and progress in
implementing technology for teaching and learning;
``(6) a description of how the local educational agency
will ensure that principals have the expertise to evaluate
teachers' proficiency and progress in implementing technology
for teaching and learning and the interoperability of data
systems and eligible technology;
``(7) a description of the local educational agency's
procurement process and process for the creation,
acquisition, distribution, and use of content, how the local
educational agency will ensure integrity of such processes,
and how such processes support the goals described in
paragraph (1) or how a local educational agency will change
such processes to support such goals, and how the local
educational agency will ensure content quality;
``(8) a description of how the local educational agency
will carry out activities under subsection (c);
``(9) a description of how the subgrant funds received
under subsection (a) will be coordinated with and supported
by other Federal, State, and local funds to support
activities under this title;
``(10) a description of how the local educational agency
will ensure that the subgrant received under subsection (a)
is not duplicative of support received under the E-rate
program; and
``(11) an assurance that the local educational agency will
protect the privacy and safety of students and teachers,
consistent with requirements section 444 of the General
Education Provisions Act (20 U.S.C. 1232g) (commonly known as
the `Family Educational Rights and Privacy Act of 1974') and
section 2441(a).
``(c) Use of Funds.--
``(1) Technology infrastructure.--Subject to paragraph (3),
a local educational agency receiving a subgrant under
subsection (a) shall use not less than 35 percent of such
funds to support activities for the acquisition of eligible
technology needed to--
``(A) except for the activities described in paragraph (2),
carry out activities described in the application submitted
under subsection (b), including purchasing devices,
equipment, and software applications, and improving
connectivity to and within schools; and
[[Page H1448]]
``(B) address readiness shortfalls identified under the
technology readiness survey completed by the local
educational agency.
``(2) Professional development for digital learning.--
Subject to paragraph (3), a local educational agency
receiving a subgrant under subsection (a)--
``(A) shall use not less than 40 percent of such funds to
carry out--
``(i) digital age professional development opportunities
for teachers, paraprofessionals, library and media personnel,
specialized instructional support personnel, technology
coordinators, and administrators in the effective use of
modern information and communication technology tools and
digital resources to deliver instruction, curriculum and
school classroom management, including for classroom teachers
to assess, support, and provide engaging student learning
opportunities, including professional development that--
``(I) is ongoing, sustainable, and scalable;
``(II) is participatory;
``(III) includes communication and regular interactions
with instructors, facilitators, and peers and is directly
related to up-to-date teaching methods in content areas;
``(IV) includes strategies and tools for improving
communication with parents and family engagement;
``(V) may be built around active professional learning
communities or online communities of practice or other tools
that increase collaboration among teachers across schools,
local educational agencies, or States; and
``(VI) may contain on-demand components, such as
instructional videos, training documents, or learning
modules;
``(ii) ongoing professional development in strategies,
pedagogy, and assessment in the core academic subjects that
involve the use of technology and curriculum redesign as key
components of supporting effective, innovative teaching and
learning, and improving student achievement;
``(iii) ongoing professional development in the use of
educational technologies to ensure every educator achieves
and maintains technology literacy, including possessing and
maintaining the knowledge and skills to use technology--
``(I) across the curriculum for student learning;
``(II) for real-time data analysis and online or digital
assessment to enable individualized instruction; and
``(III) to develop and maintain student technology
literacy;
``(iv) ongoing professional development for school leaders
to provide and promote leadership in the use of--
``(I) educational technology to ensure a digital-age
learning environment, including the capacity to lead the
reform or redesign of curriculum, instruction, assessment;
and
``(II) data through the use of technology in order to
increase student learning opportunity, student technology
literacy, student access to technology, and student
engagement in learning; and
``(v) a review of the effectiveness of the professional
development and regular intervals of learner feedback and
data; and
``(B) may use such funds for--
``(i) the use of technology coaches to work directly with
teachers, including through the preparation of teachers as
technology leaders or master teachers--
``(I) who are provided with the means to serve as experts
and to create professional development opportunities for
other teachers in the effective use of technology; and
``(II) who may leverage technologies, such as distance
learning and online virtual educator-to-educator peer
communities, as a means to support ongoing, participatory
professional growth around the integration of effective
educational technologies;
``(ii) innovative approaches to ongoing professional
development such as non-standard achievement recognition
strategies, including digital badging, gamification elements,
use of learner-created learning objects, integration of
social and professional networking tools, rating and
commenting on learning artifacts, and personalization of
professional development; and
``(iii) any other activities required to carry out the
local educational agency's technology plan described in
subsection (b)(4).
``(3) Modification of funding allocations.--A State
educational agency may authorize a local educational agency
to modify the percentage of the local educational agency's
subgrant funds required to carry out the activities described
in paragraphs (1) or (2) if the local educational agency
demonstrates that such modification will assist the local
educational agency in more effectively carrying out such
activities.
``(4) Purchasing consortia.--Local educational agencies
receiving subgrants under subsection (a) may--
``(A) form a local purchasing consortia with other such
local educational agencies to carry out the activities
described in this subsection, including purchasing eligible
technology; and
``(B) use such funds for purchasing eligible technology
through a State purchasing consortia under section 103(d).
``SEC. 5449. REPORTING.
``(a) Local Educational Agencies.--Each local educational
agency receiving a subgrant under section 104 shall submit to
the State educational agency that awarded such subgrant an
annual report the meets the requirements of subsection (c).
``(b) State Educational Agencies.--Each State educational
agency receiving a grant under section 101(b)(2) shall submit
to the Secretary an annual report that meets the requirements
of subsection (c).
``(c) Report Requirements.--A report submitted under
subsection (a) or (b) shall include, at a minimum, a
description of--
``(1) the status of the State education agency's plan
described in section 102(b)(3) or local educational agency's
technology plan under section 104(b)(4), as applicable;
``(2) the categories of eligible technology acquired and
types of programs funded under this title and how such
technology is being used;
``(3) the professional development activities funded under
this title, including types of activities and entities
involved in providing such professional development; and
``(4) information on the impact of the grant on students
and student outcomes, such as--
``(A) the number of and demographic information about
students who are served under this subpart;
``(B) student achievement, student growth, and graduation
rates of such students;
``(C) college-and-career readiness data about such
students, such as rates of credit accumulation, course taking
and completion, and college enrollment and persistence;
``(D) student attendance and participation rates;
``(E) student engagement and discipline;
``(F) school climate and teacher working conditions;
``(G) increases in inclusion of students with disabilities
and English-language learners; and
``(H) such other information the Secretary may require or
other information State educational agencies or local
educational agencies served under this subpart propose to
include, as approved by the Secretary.
``SEC. 5450. INVESTING IN INNOVATION.
``From the amounts appropriated under section 5459, the
Secretary may reserve up to 30 percent to--
``(1) fund the identification, development, evaluation, and
expansion of innovative, evidence-based practices, programs,
and strategies in order to significantly--
``(A) increase student academic achievement and decrease
achievement gaps;
``(B) increase secondary school graduation rates;
``(C) increase college enrollment rates, rates of college
persistence, and rates of attainment of other post-secondary
credentials;
``(D) improve teacher and principal effectiveness or
retention of highly effective teachers or principals; and
``(E) increase the identification and dissemination of
innovative educational strategies in rural areas; and
``(2) support the rapid development, expansion, and
adoption of tools and resources that improve the efficiency,
effectiveness, or pace of adoption of such educational
practices, programs, and strategies.
``SEC. 5451. ESTABLISHMENT OF THE ADVANCED RESEARCH PROJECT
AGENCY-EDUCATION.
``(a) Program Established.--From the amounts appropriated
under section 5459, the Secretary may reserve up to 5 percent
to--
``(1) establish and carry out the Advanced Research
Projects Agency-Education (in this section referred to as
`ARPA-ED)' to--
``(A) identify and promote advances in learning,
fundamental and applied sciences, and engineering that may be
translated into new learning technologies;
``(B) develop, test, and evaluate new learning technologies
and related processes; and
``(C) accelerate transformational technological advances in
education;
``(2) convene an advisory panel under subsection (d); and
``(3) carry out the evaluation and dissemination
requirements under subsection (e).
``(b) Appointments.--
``(1) Director.--ARPA-ED shall be under the direction of
the Director of ARPA-ED, who shall be appointed by the
Secretary.
``(2) Qualified individuals.--The Secretary shall appoint,
for a term of not more than 4 years, qualified individuals
who represent scientific, engineering, professional, and
other personnel with expertise in carrying out the activities
described in this section to positions in ARPA-ED, at rates
of compensation determined by the Secretary, without regard
to the provisions of title 5, United States Code, except that
such rates of compensation shall not to exceed the rate for
level I of the Executive Schedule under section 5312 of such
title.
``(c) Functions of ARPA-ED.--Upon consultation with the
advisory panel convened under subsection (d), the Secretary
shall select public and private entities to carry out the
activities described in subsection (a)(1) by--
``(1) awarding such entities grants, contracts, cooperative
agreements, or cash prizes; or
``(2) entering into such other transactions with such
entities as the Secretary may prescribe in regulations.
``(d) Advisory Panel.--
``(1) In general.--The Secretary shall convene an advisory
panel to advise and consult with the Secretary, Director, and
the qualified individuals appointed under subsection (b)(2)
on--
``(A) ensuring that the awards made and transaction entered
into under subsection (c) are consistent with the purposes
described in subsection (a)(1); and
[[Page H1449]]
``(B) ensuring the relevance, accessibility, and utility of
such awards and transactions to education practitioners.
``(2) Appointment of members.--The Secretary shall appoint
the following qualified individuals to serve on the advisory
panel:
``(A) Education practitioners.
``(B) Experts in technology.
``(C) Specialists in rapid gains in student achievement and
school turnaround.
``(D) Specialists in personalized learning.
``(E) Researchers, including at least one representative
from a comprehensive center established under 203 of the
Educational Technical Assistance Act of 2002 (20 U.S.C. 9602)
or the regional laboratories system established under section
174 of the Education Sciences Reform Act (20 U.S.C. 9564).
``(F) Other individuals with expertise who will contribute
to the overall rigor and quality of ARPA-ED.
``(3) Applicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the panel
convened under this subsection and any appointee to such
panel shall not be considered an `employee' under section
2105 of title 5, United States Code.
``(e) Evaluation and Dissemination.--
``(1) Evaluation.--The Secretary shall obtain independent,
periodic, and rigorous evaluation of--
``(A) the effectiveness of the processes ARPA-Ed is using
to achieve the purposes described in subsection (a)(1);
``(B) the relevance, accessibility, and utility of the
awards made and transactions entered into under subsection
(c) to education practitioners; and
``(C) the effectiveness of the projects carried out through
such awards and transactions, using evidence standards
developed in consultation with the Institute of Education
Sciences, and the suitability of such projects for further
investment or increased scale.
``(2) Dissemination and use.--The Secretary shall
disseminate information to education practitioners, including
teachers, principals, and local and State superintendents, on
effective practices and technologies developed under ARPA-ED,
as appropriate, through--
``(A) the comprehensive centers established under 203 of
the Educational Technical Assistance Act of 2002 (20 U.S.C.
9602);
``(B) the regional laboratories system established under
section 174 of the Education Sciences Reform Act (20 U.S.C.
9564); and
``(C) such other means as the Secretary determines to be
appropriate.
``(f) Administrative Requirements.--Notwithstanding section
437(d) of the General Education Provisions Act (20 U.S.C.
1232(d)), the Secretary shall establish such processes as may
be necessary for the Secretary to manage and administer ARPA-
ED, which are not constrained by other Department of
Education-wide administrative requirements that may prevent
ARPA-ED from carrying out the purposes described in
subsection (a)(1).
``SEC. 5452. NATIONAL ACTIVITIES.
``(a) In General.--Subject to subsection (b), the Secretary
shall reserve not more than 10 percent of the funds reserved
under this section for each fiscal year to carry out
activities of national significance, which may include--
``(1) technical assistance, including to applicants from
rural areas;
``(2) pre-application workshops or web-based seminars for
potential applicants, including applicants from rural areas;
``(3) the recruitment of peer reviewers, including
individuals with a background in rural education and
individuals with expertise in education technology, to
participate in the review of applications submitted under
section 5354;
``(4) dissemination of best practices, in consultation with
the regional educational laboratories established under part
D of the Education Sciences Reform Act of 2002 (20 U.S.C.
9561 et seq.) and comprehensive centers established under
section 203 of the Educational Technical Assistance Act of
2002 (20 U.S.C. 9602), developed with grant funds provided
under this part, including best practices developed with
grant funds in rural areas;
``(5) entering into partnerships with other agencies,
nonprofits, and the private sector to carry out advanced
research and development activities, including research and
activities in rural areas; and
``(6) carrying out prize awards, in a manner consistent
with section 24 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3719).
``(b) Reservation of Funds for Dissemination.--The
Secretary shall reserve not less than 50 percent of the funds
reserved under this section to carry out the dissemination
activities described in subsection (a)(4).
``SEC. 5453. PROGRAM AUTHORIZED; LENGTH OF GRANTS;
PRIORITIES.
``(a) Program Authorization.--From the amounts appropriated
under this section and not reserved under section 5452, the
Secretary shall award grants, on a competitive basis, to
eligible entities to carry out the activities described in
section 5455.
``(b) Duration of Grants.--The Secretary shall award grants
to eligible entities under this section for a period of not
more than 3 years, and may extend such grants for an
additional 2-year period if the eligible entity demonstrates
to the Secretary that it is making significant progress on
the program performance measures identified in section 5456.
``(c) Rural Areas.--The Secretary shall ensure that not
less than 25 percent of the funds awarded under this section
for any fiscal year are for projects that meet both of the
following requirements:
``(1) The eligible entity is--
``(A) a local educational agency with an urban-centric
district locale code of 32, 33, 41, 42, or 43, as determined
by the Secretary;
``(B) a consortium of such local educational agencies; or
``(C) an educational service agency or a nonprofit
organization with demonstrated expertise in serving students
from rural areas.
``(2) A majority of the schools to be served by the project
are designated with a school locale code of 41, 42, or 43, or
a combination of such codes, as determined by the Secretary.
``(d) Support for New Practices, Strategies, or Programs.--
The Secretary shall ensure that not less than one-half of the
funds awarded under this section for any fiscal year are for
projects that--
``(1) meet an evidence standard described in paragraph (2)
or (3) of subsection (f); and
``(2) do not meet the evidence standard described in
paragraph (1) of subsection (f).
``(e) Priorities.--In awarding grants under this section,
the Secretary may give priority to an eligible entity that
includes, in its application under section 5354, a plan to--
``(1) improve early learning outcomes and academic
connections between early learning and elementary school;
``(2) support college access, persistence, and success;
``(3) support family and community engagement;
``(4) address the unique learning needs of students with
disabilities or English language learners;
``(5) support the effective use of education technology to
improve teaching and learning;
``(6) improve the teaching and learning of science,
technology, engineering, computing, or mathematics;
``(7) serve schools in rural local educational agencies;
``(8) train teachers or principals to adopt and implement
college and career ready standards;
``(9) develop alternative career pathways or differentiated
school staffing models for effective teachers or principals
to expand their impact on student learning;
``(10) train or support principals or teacher leaders,
including teacher leaders preparing for principal roles;
``(11) support, improve, or develop any other area of
school innovation, as determined by the Secretary; and
``(12) address the learning needs of Indian, Native
American, Alaska Native, or migrant children in school.
``(f) Standards of Evidence.--The Secretary shall set
standards for the quality of evidence that an eligible entity
shall provide to demonstrate that the activities the eligible
entity proposes to carry out with grant funds under this
section are likely to succeed in improving student outcomes
or outcomes on other performance measures. These standards
may include any of the following:
``(1) Strong evidence that the activities proposed by the
eligible entity will have a statistically significant effect
on student academic achievement, student growth, graduation
rates, or outcomes on other performance measures.
``(2) Moderate evidence that the activities proposed by the
eligible entity will improve student academic achievement,
student growth, graduation rates, or outcomes on other
performance measures.
``(3) Evidence of promise or a strong theory that the
activities proposed by the eligible entity will improve
student academic achievement, student growth, graduation
rates, or outcomes on other performance measures.
``SEC. 5454. APPLICATIONS.
``(a) Applications.--An eligible entity that desires to
receive a grant under section 5453 shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may
reasonably require.
``(b) Contents.--Each application submitted by an eligible
entity under subsection (a) shall--
``(1) describe the project for which the eligible entity is
seeking a grant and how the evidence supporting that project
meets the standards of evidence established by the Secretary
under section 5453(f);
``(2) describe how the eligible entity will address at
least one of the areas described in section 5455(a)(1);
``(3) provide an estimate of the number of students that
the eligible entity plans to serve under the proposed
project, including the percentage of those students who are
from low-income families, and the number of students to be
served through additional expansion after the grant ends;
``(4) demonstrate that the eligible entity has established
one or more partnerships with the private sector, which may
include philanthropic organizations, and that the partner or
partners will provide matching funds, except that the
Secretary may waive, on a case-by-case basis, the matching
funds requirement under this paragraph upon a showing of
exceptional circumstances, such as the difficulty of raising
matching funds for a project to serve a rural area;
``(5) describe the eligible entity's plan for continuing
the proposed project after the
[[Page H1450]]
grant funding under section 5453 ends, including a plan for
dissemination of best practices and collaboration with other
local educational agencies;
``(6) demonstrate that the proposed project has
incorporated input and feedback from educators working in the
area to be served;
``(7) if the eligible entity is a local educational
agency--
``(A) document the local educational agency's record in--
``(i) increasing student achievement, including achievement
for each subgroup described in section 1111(b)(2)(C)(v); or
``(ii) decreasing achievement gaps; and
``(B) demonstrate how the local educational agency has made
significant improvements in other outcomes, as applicable, on
the performance measures described in section 5456;
``(8) if the eligible entity is a nonprofit organization--
``(A) provide evidence that the nonprofit organization has
helped at least one high-need school or high-need local
educational agency significantly--
``(i) increase student achievement, including achievement
for each subgroup described in section 1111(b)(2)(C)(v);
``(ii) reduce achievement gaps; or
``(iii) increase graduation rates; and
``(B) describe how the nonprofit organization has helped at
least 1 school or local educational agency make a significant
improvement, as applicable, in other outcomes on the
performance measures described in section 5456;
``(9) if the eligible entity is an educational service
agency--
``(A) provide evidence that the agency has helped at least
one high-need school or high-need local educational agency
significantly--
``(i) increase student achievement, including achievement
for each subgroup described in section 1111(b)(2)(C)(v);
``(ii) reduce achievement gaps; or
``(iii) increase graduation rates; and
``(B) describe how the agency has helped at least 1 school
or local educational agency make a significant improvement,
as applicable, in other outcomes on the performance measures
described in section 5456;
``(10) provide a description of the eligible entity's plan
for independently evaluating the effectiveness of activities
carried out with funds under section 5453;
``(11) provide an assurance that the eligible entity will--
``(A) cooperate with cross-cutting evaluations;
``(B) make evaluation data available to third parties for
validation and further study consistent with protections
established by applicable Federal, State, and local privacy
requirements and other on provisions on the protection of
personally identifiable information; and
``(C) participate in communities of practice; and
``(12) if the eligible entity is a nonprofit organization
that intends to make subgrants, consistent with section
5455(b), provide an assurance that the eligible entity will
apply paragraphs (1) through (10), as appropriate, in the
eligible entity's selection of subgrantees and in the
oversight of such subgrants.
``(c) Criteria for Evaluating Applications.--The Secretary
shall award grants under section 5453 on a competitive basis,
based on the quality of the applications under this section
submitted and, consistent with the standards established
under section 5453(f), each eligible entity's likelihood of
achieving success in improving student outcomes or outcomes
on other performance measures.
``SEC. 5455. USES OF FUNDS.
``(a) Uses of Funds.--Each eligible entity that receives a
grant under section 5453--
``(1) shall use the grant funds to address, at a minimum,
one of the following areas of school innovations:
``(A) Improving the effectiveness and distribution of
teachers or principals.
``(B) Strengthening the use of data to improve teaching and
learning.
``(C) Providing high-quality instruction based on rigorous
standards that build toward college and career readiness and
measuring students' mastery using high-quality assessments
aligned to those standards.
``(D) Turning around the lowest-performing schools.
``(E) Supporting the effective use of technology to improve
teaching or principals and learning, including training
teachers or principals in the innovative use of technology.
``(F) Any other area of school innovation, as determined by
the Secretary;
``(2) shall use those funds to develop or expand strategies
to improve the performance of high-need students on the
performance measures described in section 5456; and
``(3) may use the grant funds for an independent
evaluation, as required by section 5454(b)(9), of the
innovative practices carried out with the grant.
``(b) Authority to Subgrant.--In the case of an eligible
entity receiving a grant under section 5453 that is nonprofit
organization such eligible entity may use the grant funds to
make subgrants to other entities to provide support to one or
more high-need schools or high-need local educational
agencies. Any entity receiving a subgrant under this
subsection shall comply with the requirements of this part
for eligible entities, as appropriate.
``SEC. 5456. PERFORMANCE MEASURES.
``(a) In General.--The Secretary shall establish
performance measures for the projects carried out under this
part. These measures, at a minimum, shall track an eligible
entity's progress in--
``(1) improving outcomes for each subgroup described in
section 1111(b)(2)(C)(v) that is served by the grantee on
measures, including, as applicable, by--
``(A) increasing student achievement and decreasing
achievement gaps;
``(B) increasing secondary school graduation rates;
``(C) increasing college enrollment rates and rates of
college persistence;
``(D) improving teacher and principal effectiveness or the
retention of highly effective teachers or principals;
``(E) improving school readiness; or
``(F) any other indicator as the Secretary or grantee may
determine; and
``(2) implementing the eligible entity's project in rural
schools, as applicable.
``(b) Data Collection Period.--From the amounts
appropriated under this section, the Secretary may--
``(1) approve, for an eligible entity receiving a grant
under section 5453, a data collection period of not more than
72 months beginning after the end of the eligible entity's
grant period; and
``(2) provide the eligible entity with funding during such
period for the sole purpose of collecting, analyzing, and
reporting performance information under this subsection on
the project carried out during the grant period.
``SEC. 5457. ANNUAL REPORT.
``An eligible entity that receives a grant under section
5453 shall submit to the Secretary, at such time and in such
manner as the Secretary may require, an annual report that
includes information on--
``(1) the eligible entity's progress on the performance
measures established under section 5456; and
``(2) the data supporting such progress.
``SEC. 5458. DEFINITIONS.
``In this part:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency;
``(B) an educational service agencies; or
``(C) a nonprofit organization in partnership with a local
educational agency or consortium of schools.
``(2) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency--
``(A) that serves not fewer than 10,000 children from
families with incomes below the poverty line;
``(B) for which not less than 20 percent of the children
served by the agency are from families with incomes below the
poverty line; or
``(C) that is in the highest quartile of local educational
agencies in the State, based on student poverty.
``(3) High-need school.--The term `high-need school''
means--
``(A) an elementary school or middle school in which not
less than 50 percent of the enrolled students are children
eligible for free or reduced price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
``(B) a high school in which not less than 40 percent of
the enrolled students are children eligible for free or
reduced price lunch under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), which may be
calculated using comparable data from feeder schools.
``(4) Principal.--The term `principal' includes an
assistant principal.
``(5) Teacher.--The term `teacher' includes teacher
leaders.
``(6) Teacher leader.--The term `teacher leader' means a
teacher who has demonstrated effectiveness and assumes
leadership responsibilities to work with other teachers to
raise student achievement in multiple classrooms.
``SEC. 5459. AUTHORIZATION.
``There are authorized to be appropriated to carry out this
subpart $750,000,000 for fiscal year 2016 and such sums as
may be necessary for each of the 4 succeeding fiscal
years.''.
(b) Repeal.--Part B of title I (20 U.S.C. 6361 et seq.) is
repealed.
Subtitle D--Family Engagement in Education Programs
SEC. 521. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.
Title V of the Act (20 U.S.C. 5101 et seq.) is a amended by
adding at the end the following new part:
``PART E--FAMILY ENGAGEMENT IN EDUCATION PROGRAMS
``SEC. 5701. PURPOSES.
``The purposes of this part 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.
[[Page H1451]]
``(3) To support State educational agencies, local
educational agencies, schools, educators, and parents in
developing and strengthening the relationship between parents
and their children's school in order to further the
developmental progress of children.
``(4) To coordinate activities funded under this part with
parent involvement initiatives funded under section 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. 5702. GRANTS AUTHORIZED.
``(a) Statewide Family Engagement Centers.--From the amount
appropriated under section 4306, the Secretary is authorized
to award grants for each fiscal year to statewide
organizations (and consortia of such organizations and State
educational agencies), 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 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. 5703. APPLICATIONS.
``(a) Submissions.--Each statewide organization, or a
consortium of such an organization and a State educational
agency, that desires a grant under this part 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 applicant, including a letter
from the applicant 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; and
``(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 part 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 part; and
``(ii) parent training and information centers and
community parent resource centers assisted under sections 671
and 672 of the Individuals with Disabilities Education Act;
``(G) use not less than 30 percent of the funds received
under this part for each fiscal year to establish or expand
technical assistance for evidence-based parent education
programs;
``(H) provide assistance to State educational agencies 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. 5704. USES OF FUNDS.
``(a) In General.--Grantees shall use grant funds received
under this part, based on the needs determined under section
4303(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
college and career ready 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
engagement in education and support school reform efforts;
and
``(3) to develop, implement, and assess parental
involvement policies under sections 1112 and 1118.
``(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 4306 to carry out this part to provide technical
assistance, by 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. 5705. 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 or
Indian-serving nonprofit parent organizations to establish
and operate Family Engagement Centers.
``SEC. 5706. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $30,000,000 for fiscal year 2016 and such sums as may be
necessary for subsequent fiscal years.''.
Subtitle E--Fast Track to College
SEC. 531. SHORT TITLE.
This subtitle may be cited as the ``Fast Track to College
Act of 2013''.
SEC. 532. PURPOSE.
The purpose of this subtitle is to increase secondary
school graduation rates and the percentage of students who
complete a recognized postsecondary credential by the age of
26, including among low-income students and students from
other populations underrepresented in higher education.
SEC. 533. DEFINITIONS.
For purposes of this subtitle:
[[Page H1452]]
(1) Dual enrollment program.--The term ``dual enrollment
program'' means an academic program through which a secondary
school student is able simultaneously to earn credit toward a
secondary school diploma and a postsecondary degree or
credential.
(2) Early college high school.--The term ``early college
high school'' means a secondary school that provides a course
of study that enables a student to earn a secondary school
diploma and either an associate's degree or one to two years
of postsecondary credit toward a postsecondary degree or
credential.
(3) Educational service agency.--The term ``educational
service agency'' has the meaning given such term in section
9101(17) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801(17)).
(4) Eligible entity.--The term ``eligible entity'' means a
local educational agency, which may be an educational service
agency, in a collaborative partnership with an institution of
higher education. Such partnership also may include other
entities, such as a nonprofit organization with experience in
youth development.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given
such term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(6) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 9101(26)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801(26)).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(8) Low-income student.--The term ``low-income student''
means a student described in section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6313(a)(5)).
SEC. 534. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.
(a) In General.--To carry out this subtitle, there are
authorized to be appropriated $150,000,000 for fiscal year
2014 and such sums as may be necessary for each of fiscal
years 2015 through 2019.
(b) Early College High Schools.--The Secretary shall
reserve not less than 45 percent of the funds appropriated
under subsection (a) to support early college high schools
under section 535.
(c) Dual Enrollment Programs.--The Secretary shall reserve
not less than 45 percent of such funds to support dual
enrollment programs (other than early college high schools)
under section 535.
(d) State Grants.--The Secretary shall reserve 10 percent
of such funds, or $10,000,000, whichever is less, for grants
to States under section 539.
SEC. 535. AUTHORIZED PROGRAM.
(a) In General.--The Secretary is authorized to award 6-
year grants to eligible entities seeking to establish a new,
or support an existing, early college high school or other
dual enrollment program in accordance with section 536.
(b) Grant Amount.--The Secretary shall ensure that grants
are of sufficient size to enable grantees to carry out all
required activities and otherwise meet the purposes of this
subtitle, except that a grant under this section may not
exceed $2,000,000.
(c) Matching Requirement.--
(1) In general.--An eligible entity shall contribute
matching funds toward the costs of the early college high
school or other dual enrollment program to be supported under
this section, of which not less than half shall be from non-
Federal sources, which funds shall represent not less than
the following:
(A) Twenty percent of the grant amount received in each of
the first and second years of the grant.
(B) Thirty percent in each of the third and fourth years.
(C) Forty percent in the fifth year.
(D) Fifty percent in the sixth year.
(2) Determination of amount contributed.--The Secretary
shall allow an eligible entity to satisfy the requirement of
this subsection through in-kind contributions.
(d) Supplement, Not Supplant.--An eligible entity shall use
a grant received under this section only to supplement funds
that would, in the absence of such grant, be made available
from non-Federal funds for support of the activities
described in the eligible entity's application under section
537, and not to supplant such funds.
(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to applicants--
(1) that propose to establish or support an early college
high school or other dual enrollment program that will serve
a student population of which 0 percent or more are students
counted under section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)); and
(2) from States that provide assistance to early college
high schools or other dual enrollment programs, such as
assistance to defray the costs of higher education (including
costs of tuition, fees, and textbooks).
(f) Geographic Distribution.--The Secretary shall, to the
maximum extent practicable, ensure that grantees are from a
representative cross-section of urban, suburban, and rural
areas.
SEC. 536. USES OF FUNDS.
(a) Mandatory Activities.--An eligible entity shall use
grant funds received under section 535 to support the
activities described in its application under section 537,
including the following:
(1) Planning year.--In the case of a new early college high
school or dual enrollment program, during the first year of
the grant--
(A) hiring a principal and staff, as appropriate;
(B) designing the curriculum and sequence of courses in
collaboration with (at a minimum) teachers from the local
educational agency and faculty from the partner institution
of higher education;
(C) informing parents and the community about the school or
program and opportunities to become actively involved in the
school or program;
(D) establishing a course articulation process for defining
and approving courses for secondary school and postsecondary
credit or credential;
(E) outreach programs to ensure that secondary school
students and their families are aware of the early college
high school or dual enrollment program;
(F) liaison activities among partners in the eligible
entity; and
(G) coordinating secondary and postsecondary support
services, academic calendars, and transportation.
(2) Implementation period.--During the remainder of the
grant period--
(A) academic and social support services, including
counseling;
(B) liaison activities among partners in the eligible
entity;
(C) data collection and use of such data for student and
instructional improvement and program evaluation;
(D) outreach programs to ensure that secondary school
students and their families are aware of the early college
high school or dual enrollment program;
(E) professional development, including joint professional
development for secondary school and faculty from the
institution of higher education; and
(F) school or program design and planning team activities,
including curriculum development.
(b) Allowable Activities.--An eligible entity may also use
grant funds received under section 535 otherwise to support
the activities described in its application under section
537, including--
(1) purchasing textbooks and equipment that support the
school or program's curriculum;
(2) developing learning opportunities for students that
complement classroom experiences, such as internships,
career-based capstone projects, and opportunities provided
under chapters 1 and 2 of subpart 2 of part A of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et
seq.);
(3) transportation; and
(4) planning time for secondary school and educators from
an institution of higher education to collaborate.
SEC. 537. APPLICATION.
(a) In General.--To receive a grant under section 535, an
eligible entity shall submit to the Secretary an application
at such time, in such manner, and including such information
as the Secretary determines to be appropriate.
(b) Contents of Application.--At a minimum, the application
described in subsection (a) shall include a description of--
(1) the early college high school's or other dual
enrollment program's budget;
(2) each partner in the eligible entity and its experience
with early college high schools or other dual enrollment
programs, key personnel from each partner and their
responsibilities for the early college high school or dual
enrollment program, and how the eligible entity will work
with secondary and postsecondary teachers, other public and
private entities, community-based organizations, businesses,
labor organizations, and parents to ensure that students will
be prepared to succeed in postsecondary education and
employment, which may include the development of an advisory
board;
(3) how the eligible entity will target and recruit at-risk
youth, including those at risk of dropping out of school,
first generation college students, and students from
populations described in section 1111(b)(2)(C)(v)(II) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(C)(v)(II));
(4) a system of student supports including, but not limited
to, small group activities, tutoring, literacy and numeracy
skill development in all academic disciplines, parental and
community outreach and engagement, extended learning time,
and college readiness activities, such as early college
academic seminars and counseling;
(5) in the case of an early college high school, how a
graduation and career plan will be developed, consistent with
State graduation requirements, for each student and reviewed
each semester;
(6) how parents or guardians of students in the early
college high school or dually enrolled students will be
informed of their academic performance and progress and,
subject to paragraph (5), involved in the development of
their career and graduation plan;
(7) coordination that will occur between the institution of
higher education and the local educational agency, including
regarding academic calendars, provision of student services,
curriculum development, and professional development;
(8) how the eligible entity will ensure that teachers in
the early college high school or other dual enrollment
program receive appropriate professional development and
[[Page H1453]]
other supports, including to enable them to utilize effective
parent and community engagement strategies, and help English-
language learners, students with disabilities, and students
from diverse cultural backgrounds to succeed;
(9) learning opportunities for students that complement
classroom experiences, such as internships, career-based
capstone projects, and opportunities provided under chapters
1 and 2 of subpart 2 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070a-11 et seq.);
(10) how policies, agreements, and courses taken will
ensure that postsecondary credits earned will be transferable
to, at a minimum, public institutions of higher education
within the State, consistent with existing statewide
articulation agreements;
(11) student assessments and other measurements of student
achievement including benchmarks for student achievement;
(12) outreach programs to provide elementary and secondary
school students, especially those in middle grades, and their
parents, teachers, school counselors, and principals
information about and academic preparation for the early
college high school or other dual enrollment program;
(13) how the local educational agency and institution of
higher education will work together, as appropriate, to
collect and use data for student and instructional
improvement and program evaluation;
(14) how the eligible entity will help students meet
eligibility criteria for postsecondary courses and ensure
that students understand how their credits will transfer; and
(15) how the eligible entity will access and leverage
additional resources necessary to sustain the early college
high school or other dual enrollment program after the grant
expires, including by engaging businesses and non-profit
organizations.
(c) Assurances.--An eligible entity's application under
subsection (a) shall include assurances that--
(1) in the case of an early college high school, the
majority of courses offered, including postsecondary courses,
will be offered at facilities of the institution of higher
education;
(2) students will not be required to pay tuition or fees
for postsecondary courses;
(3) postsecondary credits earned will be transcribed upon
completion of the requisite course work; and
(4) faculty teaching postsecondary courses meet the normal
standards for faculty established by the institution of
higher education.
(d) Waiver.--The Secretary may waive the requirement of
subsection (c)(1) upon a showing that it is impractical to
apply due to geographic considerations.
SEC. 538. PEER REVIEW.
(a) Peer Review of Applications.--The Secretary shall
establish peer review panels to review applications submitted
pursuant to section 537 to advise the Secretary regarding
such applications.
(b) Composition of Peer Review Panels.--The Secretary shall
ensure that each peer review panel is not comprised wholly of
full-time officers or employees of the Federal Government and
includes, at a minimum--
(1) experts in the establishment and administration of
early college high schools or other dual enrollment programs
from the secondary and postsecondary perspective;
(2) faculty at institutions of higher education and
secondary school teachers with expertise in dual enrollment;
and
(3) experts in the education of at-risk students.
SEC. 539. GRANTS TO STATES.
(a) In General.--The Secretary is authorized to award 5-
year grants to State agencies responsible for secondary or
postsecondary education for efforts to support or establish
early college high schools or other dual enrollment programs.
(b) Grant Amount.--The Secretary shall ensure that grants
are of sufficient size to enable grantees to carry out all
required activities.
(c) Matching Requirement.--A State shall contribute
matching funds from non-Federal sources toward the costs of
carrying out activities under this section, which funds shall
represent not less than 50 percent of the grant amount.
(d) Priority.--In awarding grants under this section, the
Secretary shall give priority to States that provide
assistance to early college high schools or other dual
enrollment programs, such as assistance to defray the costs
of higher education, such as tuition, fees, and textbooks.
(e) Application.--To receive a grant under this section, a
State agency shall submit to the Secretary an application at
such time, in such manner, and including such information as
the Secretary determines to be appropriate.
(f) Contents of Application.--At a minimum, the application
described in subsection (e) shall include--
(1) how the State will carry out all of the required State
activities described in subsection (g);
(2) how the State will identify and eliminate barriers to
implementing effective early college high schools and dual
enrollment programs after the grant expires, including by
engaging businesses and non-profit organizations;
(3) how the State will access and leverage additional
resources necessary to sustain early college high schools or
other dual enrollment programs; and
(4) such other information as the Secretary determines to
be appropriate.
(g) State Activities.--A State receiving a grant under this
section shall use such funds for--
(1) creating outreach programs to ensure that secondary
school students, their families, and community members are
aware of early college high schools and dual enrollment
programs in the State;
(2) planning and implementing a statewide strategy for
expanding access to early college high schools and dual
enrollment programs for students who are underrepresented in
higher education to raise statewide rates of secondary school
graduation, readiness for postsecondary education, and
completion of postsecondary degrees and credentials, with a
focus on at-risk students, including identifying any
obstacles to such a strategy under State law or policy;
(3) providing technical assistance to early college high
schools and other dual enrollment programs, such as brokering
relationships and agreements that forge a strong partnership
between elementary and secondary and postsecondary partners;
(4) identifying policies that will improve the
effectiveness and ensure the quality of early college high
schools and dual enrollment programs, such as access,
funding, data and quality assurance, governance,
accountability and alignment policies;
(5) planning and delivering statewide training and peer
learning opportunities for school leaders and teachers from
early college high schools and dual enrollment programs,
which may include providing instructional coaches who offer
on-site guidance;
(6) disseminating best practices in early college high
schools and dual enrollment programs from across the State
and from other States; and
(7) facilitating statewide data collection, research and
evaluation, and reporting to policymakers and other
stakeholders.
SEC. 540. REPORTING AND OVERSIGHT.
(a) Reporting by Grantees.--
(1) In general.--The Secretary shall establish uniform
guidelines for all grantees concerning information such
grantees annually shall report to the Secretary to
demonstrate a grantee's progress toward achieving the goals
of this subtitle.
(2) Contents of report.--At a minimum, the report described
in paragraph (1) shall include, for eligible entities
receiving funds under section 535, for students participating
in the early college high school or other dual enrollment
program within each category of students described in section
1111(h)(1)(C)(i) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C.6311(h)(1)(C)(i)):
(A) The number of students.
(B) The percentage of students scoring advanced,
proficient, basic, and below basic on the assessments
described in section 1111(b)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)).
(C) The performance of students on other assessments or
measurements of achievement.
(D) The number of secondary school credits earned.
(E) The number of postsecondary credits earned.
(F) Attendance rate, as appropriate.
(G) Graduation rate.
(H) Placement in postsecondary education or advanced
training, in military service, and in employment.
(I) A description of the school or program's student,
parent, and community outreach and engagement.
(b) Reporting by Secretary.--The Secretary annually shall
compile and analyze the information described in subsection
(a) and shall submit a report containing such analysis to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and Labor of the House
of Representatives. The report shall include identification
of best practices for achieving the goals of this subtitle.
(c) Monitoring Visits.--The Secretary's designee shall
visit each grantee at least once for the purpose of helping
the grantee achieve the goals of this subtitle and to monitor
the grantee's progress toward achieving such goals.
(d) National Evaluation.--Not later than 6 months after the
date on which funds are appropriated to carry out this
subtitle, the Secretary shall enter into a contract with an
independent organization to perform an evaluation of the
grants awarded under this subtitle. Such evaluation shall
apply rigorous procedures to obtain valid and reliable data
concerning participants' outcomes by social and academic
characteristics and monitor the progress of students from
secondary school to and through postsecondary education.
(e) Technical Assistance.--The Secretary shall provide
technical assistance to eligible entities concerning best
practices in early college high schools and dual enrollment
programs and shall disseminate such best practices among
eligible entities and State and local educational agencies.
SEC. 541. RULES OF CONSTRUCTION.
(a) Employees.--Nothing in this subtitle shall be construed
to alter or otherwise affect the rights, remedies, and
procedures afforded to the employees of local educational
agencies (including schools) or institutions of higher
education under Federal, State, or local laws (including
applicable regulations or court orders) or under the terms of
collective bargaining agreements, memoranda of understanding,
or other agreements between such employees and their
employers.
(b) Graduation Rate.--A student who graduates from an early
college high school
[[Page H1454]]
supported under this subtitle in the standard number of years
for graduation described in the eligible entity's application
shall be considered to have graduated on time for purposes of
section 1111(b)(2)(C)(6) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(6)).
TITLE VI--FLEXIBILITY AND ACCOUNTABILITY
SEC. 601. FLEXIBILITY AND ACCOUNTABILITY.
Title VI (20 U.S.C. 7301 et seq.), as amended by section
110(b), is further amended by amending section 6234--
(1) by striking ``fiscal year 2002'' and inserting ``fiscal
year 2016''; and
(2) by striking ``, to be distributed equally between
subparts 1 and 2''.
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
SEC. 701. IN GENERAL.
Title VII (20 U.S.C. 7401 et seq.) is amended--
(1) by striking ``Bureau of Indian Affairs'' each place it
appears and inserting ``Bureau of Indian Education'';
(2) by striking ``No Child Left Behind Act of 2001'' each
place it appears and insert ``Student Success Act''; and
(3) in sections 7152, 7205(c), and 7304(d)(1), by striking
``fiscal year 2002'' each place it appears and inserting
``fiscal year 2016''.
Subtitle A--Indian Education
SEC. 711. PURPOSE.
Section 7102 (20 U.S.C. 7402) is amended to read as
follows:
``SEC. 7102. PURPOSE.
``It is the purpose of this part to support the efforts of
local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities--
``(1) to ensure the academic achievement of American Indian
and Alaska Native students by meeting their unique cultural,
language, and educational needs, consistent with section
1111(c);
``(2) to ensure that Indian and Alaska Native students gain
knowledge and understanding of Native communities, languages,
tribal histories, traditions, and cultures; and
``(3) to ensure that principals, teachers, and other staff
who serve Indian and Alaska Native students have the ability
to provide culturally appropriate and effective instruction
to such students.''.
PART 1--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
SEC. 721. FORMULA GRANT PURPOSE.
Section 7111 (20 U.S.C. 7421) is amended to read as
follows:
``SEC. 7111. PURPOSE.
``(a) 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 to improve the academic achievement of
American Indian and Alaska Native students by meeting their
unique cultural, language, and educational needs.
``(b) Programs.--This subpart carries out the purpose
described in subsection (a) by authorizing programs of direct
assistance for--
``(1) meeting the unique educational and culturally related
academic needs of Indians and Alaska Natives;
``(2) strengthening American Indian, Native Hawaiian, and
Alaska Native students' knowledge of their languages,
history, traditions, and cultures;
``(3) the education of Indian children and adults;
``(4) the training of Indian persons as educators and
counselors, and in other professions serving Indian people;
and
``(5) research, evaluation, data collection, and technical
assistance.''.
SEC. 722. GRANTS TO LOCAL EDUCATIONAL AGENCIES, TRIBES, AND
INDIAN ORGANIZATIONS.
Section 7112 (20 U.S.C. 7422) is amended--
(1) in subsection (a), by striking ``and Indian tribes''
and inserting ``, Indian tribes, and Indian organizations'';
(2) in subsection (b)(2), by striking ``a reservation'' and
inserting ``an Indian reservation''; and
(3) by striking subsection (c) and inserting the following:
``(c) Indian Tribes and Indian Organizations.--
``(1) In general.--If a local educational agency that is
otherwise eligible for a grant under this subpart does not
establish a committee under section 7114(c)(5) for such
grant, an Indian tribe, an Indian organization, or a
consortium of such entities, that represents more than one-
half of the eligible Indian children who are served by such
local educational agency may apply for such grant.
``(2) Unaffiliated indian tribes.--An Indian tribe that
operates a school and is not affiliated with either the local
educational agency or the Bureau of Indian Education shall be
eligible to apply for a grant under this subpart.
``(3) Special rule.--
``(A) In general.--The Secretary shall treat each Indian
tribe, Indian organization, or consortium of such entities
applying for a grant pursuant to paragraph (1) or (2) as if
such tribe, Indian organization, or consortium were a local
educational agency for purposes of this subpart.
``(B) Exceptions.--Notwithstanding subparagraph (A), such
Indian tribe, Indian organization, or consortium shall not be
subject to the requirements of subsections (b)(7) or (c)(5)
of section 7114 or section 7118(c) or 7119.
``(4) Assurance to serve all indian children.--An Indian
tribe, Indian organization, or consortium of such entities
that is eligible to apply for a grant under paragraph (1)
shall include, in the application required under section
7114, an assurance that the entity will use the grant funds
to provide services to all Indian students served by the
local educational agency.
``(d) Indian Community-based Organization.--
``(1) In general.--If no local educational agency pursuant
to subsection (b), and no Indian tribe, Indian organization,
or consortium pursuant to subsection (c), applies for a grant
under this subpart, an Indian community-based organization
serving the community of the local educational agency may
apply for such grant.
``(2) Applicability of special rule.--The Secretary shall
apply the special rule in subsection (c)(3) to 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, or consortium.
``(3) Definition of indian community-based organization.--
In this subsection, the term `Indian community-based
organization' means any organization that--
``(A) is composed primarily of Indian parents and community
members, tribal government education officials, and tribal
members from a specific community;
``(B) assists in the social, cultural, and educational
development of Indians in such community;
``(C) meets the unique cultural, language, and academic
needs of Indian students; and
``(D) demonstrates organizational capacity to manage the
grant.
``(e) Consortia.--
``(1) In general.--A local educational agency, Indian
tribe, or Indian organization that meets the eligibility
requirements under this section may form a consortium with
other eligible local educational agencies, Indian tribes, or
Indian organizations for the purpose of obtaining grants and
operating programs under this subpart.
``(2) Requirements for local educational agencies in
consortia.--In any case where 2 or more local educational
agencies that are eligible under subsection (b) form or
participate in a consortium to obtain a grant, or operate a
program, under this subpart, each local educational agency
participating in such a consortium shall--
``(A) provide, in the application submitted under section
7114, an assurance that the eligible Indian children served
by such local educational agency will receive the services of
the programs funded under this subpart; and
``(B) agree to be subject to all requirements, assurances,
and obligations applicable to a local educational agency
receiving a grant under this subpart.''.
SEC. 723. AMOUNT OF GRANTS.
Section 7113(b) (20 U.S.C. 7423(b)) is amended--
(1) in paragraph (1), by striking ``$3,000'' and inserting
``$10,000'';
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2); and
(3) in paragraph (2), as so redesignated, by striking
``$4,000'' and inserting ``$15,000''.
SEC. 724. APPLICATIONS.
(a) In General.--Section 7114 (20 U.S.C. 7424) is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``is consistent with'' and inserting
``supports''; and
(II) by inserting ``, tribal,'' after ``State''; and
(ii) in subparagraph (B), by striking ``such goals'' and
all that follows through the semicolon at the end and
inserting ``such goals, to ensure such students meet the same
college and career ready State academic achievement standards
under section 1111(b) for all children;'';
(B) in paragraph (5)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon; and
(ii) by adding at the end the following:
``(C) the parents of Indian children, and representatives
of Indian tribes, on the committee described in subsection
(c)(5) will participate in the planning of the professional
development materials;'';
(C) in paragraph (6)--
(i) in subparagraph (B)--
(I) by adding at the end the following:
``(iii) the Indian tribes whose children are served by the
local educational agency; and''; and
(ii) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(7) describes--
``(A) the formal process the local educational agency used
to collaborate with Indian tribes located in the community in
the development of the comprehensive programs; and
``(B) the actions taken as a result of the
collaboration.'';
(2) in subsection (c)--
(A) in paragraph (2), by adding at the end the following:
``(A) determine the extent to which such activities address
the unique cultural, language, and educational needs of
Indian students;'';
(B) in paragraph (3)(C), by inserting ``representatives of
Indian tribes with reservations located within 50 miles of
any of the schools that have Indian children in any
[[Page H1455]]
such school,'' after ``Indian children and teachers'';
(C) in paragraph (4)(A)--
(i) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively; and
(ii) by inserting the following after clause (i):
``(ii) representatives of Indian tribes with reservations
located within 50 miles of any of the schools that have
children in any such school;''.
(D) in subparagraph (4)(B), by adding ``or representatives
of Indian tribes described in subparagraph (A)(ii)'' after
``children''; and
(E) in subparagraph (4)(D)--
(i) by striking ``; and'' at the end of clause (i); and
(ii) by adding at the end the following:
``(iii) determined that the program will directly enhance
the educational experience of Indian and Alaska Native
students; and''; and
(3) by adding at the end the following:
``(d) Outreach.--The Secretary shall monitor the
applications for grants under this subpart to identify
eligible local educational agencies and schools operated by
the Bureau of Indian Education that have not applied for such
grants, and shall undertake appropriate outreach activities
to encourage and assist eligible entities to submit
applications for such grants.''.
SEC. 725. AUTHORIZED SERVICES AND ACTIVITIES.
Section 7115 (20 U.S.C. 7425) is amended--
(1) in subsection (b)--
(A) by inserting before paragraph (2) the following:
``(1) activities that support Native American language
immersion programs and Native American language restoration
programs,'';
(B) in paragraph (3), by striking ``challenging State
academic content and student academic achievement standards''
and inserting ``college and career ready State academic
content and student academic achievement standards under
section 1111(b)'';
(C) by striking paragraph (4) and inserting the following:
``(4) integrated educational services in combination with
other programs to meet the unique needs of Indian children
and their families, including programs that promote parental
involvement--
``(A) in school activities; and
``(B) to increase student achievement;'';
(D) by striking paragraph (6) and inserting the following:
``(6) activities that educate individuals so as to prevent
violence, suicide, and substance abuse;'';
(E) by striking paragraph (9) and inserting the following:
``(9) 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 the college and career ready
State academic achievement standards under section
1111(b);''; and
(F) in paragraph (11) by striking ``children,'' and all
that follows through the period and inserting ``children;'';
and
(G) by adding at the end the following:
``(12) dropout prevention strategies for Indian and Alaska
Native students; and
``(13) 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.''.
(2) in subsection (c) by adding at the end the following:
``(3) the local educational agency identifies in its
application how the use of such funds in a schoolwide program
will produce benefits to the Indian students that would not
be achieved if the funds were not used in a schoolwide
program.''.
SEC. 726. STUDENT ELIGIBILITY FORMS.
Section 7117(e) (20 U.S.C. 7427(e)) is amended to read as
follows:
``(e) 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 7113, the
membership of the child, or any parent or grandparent of the
child, in a tribe or band of Indians (as so defined) may be
established by proof other than an enrollment number,
notwithstanding the availability of an enrollment number for
a member of such tribe or band. Nothing in subsection (b)
shall be construed to require the furnishing of an enrollment
number.
``(2) No new or duplicate determinations.--Once a child is
determined to be an Indian eligible to be counted for such
grant award, the local educational agency shall maintain a
record of such determination and shall not require a new or
duplicate determination to be made for such child for a
subsequent application for a grant under this subpart.
``(3) Previously filed forms.--An Indian student
eligibility form that was on file as required by this section
on the day before the date of enactment of the Student
Success Act and that met the requirements of this section, as
this section was in effect on the day before the date of
enactment of such Act, shall remain valid for such Indian
student.''.
SEC. 727. TECHNICAL ASSISTANCE.
Subpart 1 of part A of title VII is amended by adding at
the end the following new section:
``SEC. 7120. TECHNICAL ASSISTANCE.
``The Secretary shall, directly or through contract,
provide technical assistance to a local educational agency
upon request, in addition to any technical assistance
available under section 1116 or available through the
Institute of Education Sciences, to support the services and
activities described under this section, including for the--
``(1) development of applications under this section;
``(2) improvement in the quality of implementation, content
of activities, and evaluation of activities supported under
this subpart;
``(3) integration of activities under this title with other
educational activities established by the local educational
agency; and
``(4) coordination of activities under this title with
programs administered by each Federal agency providing grants
for the provision of educational and related services.''.
SEC. 728. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN
CHILDREN.
Section 7121(c)(1)(G) (20 U.S.C. 7441(c)(1)(G)) is amended
to read as follows:
``(G) high-quality early childhood education programs that
support children's school readiness, including kindergarten
and prekindergarten programs, family-based preschool
programs, and the provision of services to Indian children
with disabilities;''.
PART 2--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
SEC. 731. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
PROFESSIONALS.
Section 7122 (20 U.S.C. 7442) is amended--
(1) in subsection (a), by striking paragraphs (1) and (2)
and inserting the following:
``(1) to increase the number of qualified and effective
Indian teachers and administrators serving Indian students;
``(2) to provide training to qualified Indian individuals
to become teachers, administrators, social workers, and other
educators; and'';
(2) by striking subsection (e) and inserting the following:
``(e) Application.--Each eligible entity desiring a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information, as the Secretary may reasonably require. At
a minimum, an application under this section shall describe
how the eligible entity will--
``(1) recruit qualified Indian individuals, such as
students who may not be of traditional college age, to become
teachers or principals;
``(2) use funds made available under the grant to support
the recruitment, preparation, and professional development of
Indian teachers or principals in local educational agencies
that serve a high proportion of Indian students; and
``(3) assist participants in meeting the requirements under
subsection (h).''; and
(4) by striking subsection (g) and inserting the following:
``(g) Grant Period.--The Secretary shall award grants under
this section for an initial period of not more than 3 years,
and may renew such grants for not more than an additional 2
years if the Secretary finds that the grantee is achieving
the objectives of the grant.''.
PART 3--NATIONAL ACTIVITIES
SEC. 741. NATIONAL ACTIVITIES.
Section 7131(c)(2) (20 U.S.C. 7451(c)(2)) is amended by
striking ``Office of Indian Education Programs'' and
inserting ``Bureau of Indian Education''.
SEC. 742. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS
THROUGH NATIVE AMERICAN LANGUAGE.
Subpart 3 of part A of title VII (20 U.S.C. 7451 et seq.)
is amended by striking sections 7132 through 7136 and
inserting the following:
``SEC. 7132. 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
[[Page H1456]]
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 award grants
under this section for an initial period of not more than 3
years, and may renew such grants for not more than an
additional 2 years if the Secretary finds that the grantee is
achieving the objectives of the grant.
``(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. 7133. IMPROVING STATE AND TRIBAL EDUCATION AGENCY
COLLABORATION.
``The Secretary, in consultation with the Director of the
Bureau of Indian Education, shall conduct a study of the
relationship among State educational agencies, local
educational agencies, and other relevant State and local
agencies, and tribes or tribal representatives to--
``(1) identify examples of best practices in collaboration
among those entities that result in the provision of better
services to Indian students; and
``(2) provide recommendations on--
``(A) State educational agency functions that tribal
educational agencies could perform;
``(B) areas and agency functions in which greater State
educational agency and tribal education agency collaboration
is needed; and
``(C) other steps to reducing barriers to serving Indian
students, especially such students who are at risk of
academic failure.''.
Subtitle B--Native Hawaiian Education; Alaska Native Education
SEC. 751. NATIVE HAWAIIAN EDUCATION AND ALASKA NATIVE
EDUCATION.
Title VII (20 U.S.C. 7401 et seq.) is amended--
(1) in the heading of part B, by inserting ``; alaska
native education'' after ``native hawaiian education''; and
(2) by inserting before section 7201 the following:
``Subpart 1--Native Hawaiian Education''.
SEC. 752. FINDINGS.
Section 7202 (20 U.S.C. 7512) is amended to read as
follows:
``SEC. 7202. 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. 753. PURPOSES.
Section 7203 (20 U.S.C. 7513) is amended to read as
follows:
``SEC. 7203. PURPOSES.
``The purposes of this part are--
``(1) to develop, implement, assess, and evaluate
innovative educational 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 State academic content and achievement
standards as described in section 1111(b);
``(2) to provide guidance to appropriate Federal, State,
and local agencies to more effectively and efficiently focus
resources, including resources made available under this
part, on the development and implementation of--
``(A) innovative educational programs for Native Hawaiians;
``(B) rigorous and substantive Native Hawaiian language
programs; and
``(C) Native Hawaiian culture-based educational programs;
and
``(3) to create a system by which information from programs
funded under this part will be collected, analyzed,
evaluated, reported, and used in decisionmaking activities
regarding the types of grants awarded under this part.''.
SEC. 754. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.
Section 7204 (20 U.S.C. 7514) is amended to read as
follows:
``SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.
``(a) Grant Authorized.--In order to carry out the purposes
of 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 chairperson 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
[[Page H1457]]
``(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.--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 of, and
serving as a clearinghouse for, the educational services and
programs for Native Hawaiians.
``(2) Providing direction and guidance, such as through the
issuance of reports and recommendations, to appropriate
Federal, State, and local agencies in order to focus and
improve the use of resources relating to Native Hawaiian
education.
``(3) provide technical assistance to Native Hawaiian
organizations that are grantees or potential grantees under
this part;
``(4) assessing and evaluating the individual and aggregate
impact of grants and activities funded under this part and
how well they meet the needs of Native Hawaiians, 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 7205(c) that are
related to the specific goals and purposes of each grantee's
grant project, using metrics related to these priorities;
``(5) assess and define the educational needs of Native
Hawaiians; and
``(6) may use funds to hire an executive director to enable
the Council to carry out the activities described in this
subsection.
``(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) Reports.--
``(1) Annual education council report.--The Education
Council shall use funds made available through the grant
under this section to prepare and submit to the Secretary,
before the end of each calendar year, annual reports that
contain--
``(A) a description of the activities of the Education
Council during the preceding calendar year;
``(B) recommendations of the Education Council, if any,
regarding priorities to be established under section 7205(b);
``(C) significant barriers to achieving the goals under
this subpart;
``(D) a summary of each community consultation session, as
described in subsection (d); and
``(E) recommendations to establish funding priorities based
on an assessment of--
``(i) the educational needs of Native Hawaiians;
``(ii) programs and services currently available to address
such needs, including the effectiveness of such programs in
improving educational performance of Native Hawaiians; and
``(iii) priorities for funding in specific geographic
communities.
``(2) Report by the secretary.--Not later than 2 years
after the date of enactment of the Student Success Act, the
Secretary shall prepare and submit to the Committee on Indian
Affairs of the Senate and the authorizing committees a report
that--
``(A) summarizes the annual reports of the Education
Council;
``(B) describes the allocation and use of funds under this
subpart and the information gathered since the first annual
report submitted by the Education Council to the Secretary
under this section; and
``(C) contains recommendations for changes in Federal,
State, and local policy to advance the purposes of this
subpart.
``(g) Funding.--For each fiscal year, the Secretary shall
use the amount described in section 7206(d)(2), to make a
payment under the grant. Funds made available through the
grant shall remain available until expended.''.
SEC. 755. GRANT PROGRAM AUTHORIZED.
Section 7205 (20 U.S.C. 7515 et seq.) is amended to read as
follows:
``SEC. 7205. 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; or
``(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 7204(d)(6)(E);
``(2) 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 State
academic content and achievement standards as described in
Section 1111(b) including the use of Native Hawaiian language
and preservation or reclamation of Native Hawaiian culture-
based educational practices; and
``(3) programs in which a local educational agency,
institution of higher education, or a State educational
agency apply for a grant or contract as part of a partnership
or consortium with a nonprofit entity serving underserved
communities within the Native Hawaiian population.
``(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 system to provide a continuum of
high-quality early learning services for Native Hawaiian
children;
``(2) the operation of family-based education centers that
provide such services as--
``(A) programs for Native Hawaiian parents and students;
``(B) early education programs for Native Hawaiians; and
``(C) 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;
``(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
curricular 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;
[[Page H1458]]
``(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 may 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, such as through digital
archives.
``(3) Informal education programs that promote 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. 756. ADMINISTRATIVE PROVISIONS; AUTHORIZATION OF
APPROPRIATIONS.
Section 7206 (20 U.S.C. 7516) is amended to read as
follows:
``SEC. 7206. 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 section, and sections 7204 and 7205, such
sums as may be necessary for fiscal year 2016 and each of the
5 succeeding fiscal years.
``(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 7204.
``(3) Availability.--Funds appropriated under this
subsection shall remain available until expended.''.
SEC. 757. DEFINITIONS.
Section 7207 (20 U.S.C. 7517) is amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively; and
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1)) the following:
``(1) Community consultation.--The term `community
consultation' means a public gathering--
``(A) to discuss Native Hawaiian education concerns; and
``(B) about which the public has been given not less than
30 days notice.''.
SEC. 758. ALASKA NATIVE EDUCATION.
(a) In General.--Subpart B of title VII (20 U.S.C. 7511 et
seq.) is further amended by adding at the end the following:
``Subpart C--Alaska Native Education
``SEC. 7301. SHORT TITLE.
``This part may be cited as the "Alaska Native Educational
Equity, Support, and Assistance Act
``SEC. 7302. FINDINGS.
``Congress finds and declares the following:
``(1) It is the policy of the Federal Government to
maximize the leadership of and participation by Alaska Native
peoples in the planning and the management of Alaska Native
education programs and to support efforts developed by and
undertaken within the Alaska Native community to improve
educational opportunity for all students.
``(2) Many Alaska Native children enter and exit school
with serious educational disadvantages.
``(3) Overcoming the magnitude of the geographic
challenges, historical inequities, and other barriers to
successfully improving educational outcomes for Alaska Native
students in rural, village, and urban settings is
challenging. Significant disparities between academic
achievement of Alaska Native students and non-Native students
continues, including lower graduation rates, increased school
dropout rates, and lower achievement scores on standardized
tests.
``(4) The preservation of Alaska Native cultures and
languages and the integration of Alaska Native cultures and
languages into education, positive identity development for
Alaska Native students, and local, place-based, and culture-
based programming are critical to the attainment of
educational success and the long-term well-being of Alaska
Native students.
``(5) Improving educational outcomes for Alaska Native
students increases access to employment opportunities.
``(6) The programs and activities authorized under this
part give priority to Alaska Native organizations as a means
of increasing Alaska Native parents' and community
involvement in the promotion of academic success of Alaska
Native students.
``(7) The Federal Government should lend support to efforts
developed by and undertaken within the Alaska Native
community to improve educational opportunity for Alaska
Native students. In 1983, pursuant to Public Law 98-63,
Alaska ceased to receive educational funding from the Bureau
of Indian Affairs. The Bureau of Indian Education does not
operate any schools in Alaska, nor operate or fund Alaska
Native education programs. The program under this part
supports the Federal trust responsibility of the United
States to Alaska Natives.
``SEC. 7303. PURPOSES.
``The purposes of this part are as follows:
``(1) To recognize and address the unique educational needs
of Alaska Natives in order to help such students meet State
academic content and achievement standards as described in
1111(b).
``(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 Native people.
``(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,
implementation, management, and evaluation of programs
designed to serve Alaska Natives students, and to ensure
Alaska Native organizations play a meaningful role in
providing supplemental educational services to Alaska Native
students.
``SEC. 7304. PROGRAM AUTHORIZED.
``(a) General Authority.--
``(1) Grants and contracts.--To carry out programs that
meet the purposes of this subpart, the Secretary is
authorized to make grants to, or enter into contracts with:
``(A) Alaska Native Organizations; and
``(B) Alaska Native Organizations that are in partnership
with State educational agencies and local educational
agencies.
``(2) 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,
strategies, and activities to improve the academic
achievement of Alaska Native students by meeting their unique
cultural and language needs in order to help such students
meet State academic content and achievement standards as
described in section 1111(b).
``(B) The collection of data to assist in the evaluation of
the programs carried out under this part.
``(3) Permissible activities.--Activities provided through
programs carried out under this part may include the
following 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
[[Page H1459]]
Alaska Native students, including the following:
``(i) Curriculum materials that reflect the cultural
diversity, languages, history, or the contributions of Alaska
Native people.
``(ii) Instructional programs that make use of Alaska
Native languages and cultures.
``(iii) Networks that develop, test, and disseminate best
practices and introduce successful programs, materials, and
techniques to meet the educational needs of Alaska Native
students in urban and rural schools.
``(iv) Methods to evaluate teachers' inclusion of diverse
Alaska Native cultures in their lesson plans.
``(B) Training and professional development activities for
educators, including the following:
``(i) Pre-service and in-service training and professional
development programs to prepare teachers to develop
appreciation for, and understanding of, Alaska Native
history, cultures, values, ways of knowing and learning in
order to effectively address the cultural diversity and
unique needs of Alaska Native students and incorporate them
into lesson plans.
``(ii) Recruitment and preparation of Alaska Natives, and
other individuals who live in communities with high a
concentration of Alaska Natives, to become teachers.
``(iii) Programs that will lead to the certification and
licensing of Alaska Native teachers, principals, and
superintendents.
``(C) The development and operation of student enrichment
programs, including those in science, technology,
engineering, and mathematics that--
``(i) are designed to prepare Alaska Native students to
excel in such subjects;
``(ii) provide appropriate support services to enable such
students to benefit from the programs; and
``(iii) include activities that recognize and support the
unique cultural and educational needs of Alaska Native
children, and incorporate appropriately qualified Alaska
Native elders and other tradition bearers.
``(D) Research and data collection activities to determine
the educational status and needs of Alaska Native children
and other such research and evaluation activities related to
programs funded under this subpart.
``(E) Activities designed to increase Alaska Native
students' graduation rates and prepare Alaska Native students
to be college or career ready upon graduation from high
school, such as--
``(i) Remedial and enrichment programs; and
``(ii) Culturally based education programs such as--
``(I) programs of study and other instruction in Alaska
Native history and ways of living to share the rich and
diverse cultures of Alaska Native peoples among Alaska Native
youth and elders, non-Native students, teachers, and the
larger community;
``(II) instructing Alaska Native youth in leadership,
communication, Native culture, music and the arts, and
languages;
``(III) providing instruction in Alaska Native history and
ways of living to students and teachers in the local school
district;
``(IV) intergenerational learning and internship
opportunities to Alaska Native youth and young adults;
``(V) cultural immersion activities.
``(VI) culturally-informed curriculum intended to preserve
and promote Alaska Native culture;
``(VII) Native language immersion activities; and
``(VIII) school-within-a-school model programs.
``(G) Student and teacher exchange programs, cross-cultural
immersion programs, and culture camps designed to build
mutual respect and understanding among participants.
``(H) Education programs for at-risk urban Alaska Native
students that are designed to improve academic proficiency
and graduation rates, utilize strategies otherwise
permissible under this subpart, and incorporate a strong data
collection and continuous evaluation component.
``(I) Programs and strategies that provide technical
assistance and support to schools and communities to engage
adults in promoting the academic progress and overall well-
being of Alaska Native people such as through 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.
``(J) 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.
``(K) 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.
``(L) 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.
``(M) Strategies designed to increase parents' involvement
in their children's education.
``(N) other activities consistent with the purpose of this
part, to meet the educational needs of Alaska Native children
and adults.
``(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) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this part such
sums as may be necessary for the fiscal years 2016 through
2020.
``SEC. 7305. 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 seeking the grant or contract
submits an application to the Secretary in such time, in such
manner, and containing such information as the Secretary may
determine necessary to carry out the provisions of this part.
``(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 play
the lead role in its partnership and in the implementation
and evaluation of the funded program.
``SEC. 7306. 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
0rganization' means a federally recognized tribe or a tribal
organization (as the terms are defined by the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b)),
and a consortium of such entities, that--
``(A) has expertise or traditional knowledge that is
relevant to the purposes and activities described in this
part; and
``(B) has Alaska Native people in substantive,
policymaking, and leadership positions within the
organization.''.
(b) Conforming Amendment.--Part C of title VII (20 U.S.C.
7541 et seq.) is repealed.
TITLE VIII--IMPACT AID
SEC. 801. PURPOSE.
Section 8001 (20 U.S.C. 7701) is amended by striking
``challenging State standards'' and inserting ``State
academic standards''.
SEC. 802. 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 2016, 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 2015, 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 2016, 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.'';
[[Page H1460]]
(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 subsection (k);
(6) by redesignating subsection (l) as subsection (k);
(7) by amending subsection (k) (as so redesignated) by
striking ``(h)(4)(B)'' and inserting ``(h)(2)'';
(8) by repealing subsection (m); and
(9) by redesignating subsection (n) as subsection (j).
SEC. 803. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
(a) Computation of Payment.--Section 8003(a) (20 U.S.C.
7703(a)) is amended--
(1) in the matter preceding subparagraph (A) of paragraph
(1), by inserting after ``schools of such agency'' the
following: ``(including those children enrolled in such
agency as a result of the open enrollment policy of the State
in which the agency is located, but not including children
who are enrolled in a distance education program at such
agency and who are not residing within the geographic
boundaries of such agency)''; and
(2) in paragraph (5)(A), by striking ``1984'' and all that
follows through ``situated'' and inserting ``1984, or under
lease of off-base property under subchapter IV of chapter 169
of title 10, United States Code, to be children described
under paragraph (1)(B) if the property described is within
the fenced security perimeter of the military facility or
attached to and under any type of force protection agreement
with the military installation upon which such housing is
situated.''
(b) Basic Support Payments for Heavily Impacted Local
Educational Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is
amended--
(1) by striking ``section 8014(b)'' each place it appears
and inserting ``section 3(d)(2)'';
(2) in paragraph (1), by repealing subparagraph (E);
(3) in paragraph (2)--
(A) in subparagraph (B)--
(i) by striking ``continuing'' in the heading;
(ii) by amending clause (i) to read as follows:
``(i) In general.--A heavily impacted local educational
agency is eligible to receive a basic support payment under
subparagraph (A) with respect to a number of children
determined under subsection (a)(1) if the agency--
``(I) is a local educational agency--
``(aa) whose boundaries are the same as a Federal military
installation or an island property designated by the
Secretary of the Interior to be property that is held in
trust by the Federal Government; and
``(bb) that has no taxing authority;
``(II) is a local educational agency that--
``(aa) has an enrollment of children described in
subsection (a)(1) that constitutes a percentage of the total
student enrollment of the agency that is not less than 45
percent;
``(bb) has a per-pupil expenditure that is less than--
``(AA) for an agency that has a total student enrollment of
500 or more students, 125 percent of the average per-pupil
expenditure of the State in which the agency is located; or
``(BB) for any agency that has a total student enrollment
less than 500, 150 percent of the average per-pupil
expenditure of the State in which the agency is located or
the average per-pupil expenditure of 3 or more comparable
local educational agencies in the State in which the agency
is located; and
``(cc) is an agency that has a tax rate for general fund
purposes that is not less than 95 percent of the average tax
rate for general fund purposes of comparable local
educational agencies in the State;
``(III) is a local educational agency that--
``(aa) has an enrollment of children described in
subsection (a)(1) that constitutes a percentage of the total
student enrollment of the agency that is not less than 20
percent;
``(bb) for the 3 fiscal years preceding the fiscal year for
which the determination is made, the average enrollment of
children who are not described in subsection (a)(1) and who
are eligible for a free or reduced price lunch under the
Richard B. Russell National School Lunch Act constitutes a
percentage of the total student enrollment of the agency that
is not less than 65 percent; and
``(cc) has a tax rate for general fund purposes which is
not less than 125 percent of the average tax rate for general
fund purposes for comparable local educational agencies in
the State;
``(IV) is a local educational agency that has a total
student enrollment of not less than 25,000 students, of
which--
``(aa) not less than 50 percent are children described in
subsection (a)(1); and
``(bb) not less than 5,000 of such children are children
described in subparagraphs (A) and (B) of subsection (a)(1);
or
``(V) is a local educational agency that--
``(aa) has an enrollment of children described in
subsection (a)(1) including, for purposes of determining
eligibility, those children described in subparagraphs (F)
and (G) of such subsection, that is not less than 35 percent
of the total student enrollment of the agency; 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 fails to
meet the requirements of clause (i) for a fiscal year by
reason of having 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, subclause (I) shall be applied as if `and the
subsequent fiscal year' were inserted before the period at
the end.'';
(B) by striking subparagraph (C);
(C) by redesignating subparagraphs (D) through (H) as
subparagraphs (C) through (G), respectively;
(D) in subparagraph (C) (as so redesignated)--
(i) in the heading, by striking ``regular'';
(ii) by striking ``Except as provided in subparagraph (E)''
and inserting ``Except as provided in subparagraph (D)'';
(iii) by amending subclause (I) of clause (ii) to read as
follows:
``(ii)(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 2012 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)'';
(E) in subparagraph (D)(i)(II) (as so redesignated), by
striking ``6,000'' and inserting ``5,000'';
(F) in subparagraph (E) (as so redesignated)--
(i) by striking ``Secretary'' and all that follows through
``shall use'' and inserting ``Secretary shall use'';
(ii) by striking ``; and'' and inserting a period; and
(iii) by striking clause (ii);
(G) in subparagraph (F) (as so redesignated)--
(i) by striking ``subparagraph (C)(i)(II)(bb)'' and
inserting ``subparagraph (B)(i)(II)(bb)(BB)''; and
(ii) by amending clause (ii) to read as follows:
``(ii) beginning in fiscal year 2010, a local educational
agency shall be deemed to meet the average tax rate
requirements for general fund purposes of this paragraph if
the average tax rate calculation submitted to the Department
by the agency has been--
``(I) calculated by the State educational agency in which
the applying agency resides to meet the - requirements of
this paragraph for average tax rate for general fund
purposes; and
``(II) the Department accepted calculation of average tax
rate for general fund purposes from the state educational
agency on behalf of the applying agency in at least 5 prior
years.
``(III) notwithstanding any other provision of law limiting
the period during which the Secretary may obligate funds
appropriated for any fiscal year after 2010, the Secretary
may obligate funds remaining after final payments have been
made from any funds of such fiscal years in order to carry
out this subparagraph.''.
(H) in subparagraph (G) (as so redesignated)--
(i) in clause (i)--
(I) by striking ``subparagraph (B), (C), (D), or (E)'' and
inserting ``subparagraph (B), (C), or (D)'';
(II) by striking ``by reason of'' and inserting ``due to'';
(III) by inserting after ``clause (iii)'' the following ``,
or as the direct result of base realignment and closure or
modularization as determined by the Secretary of Defense and
force structure change or force relocation''; and
(IV) by inserting before the period, the following: ``or
during such time as activities associated with base closure
and realignment, modularization, force structure change, or
force relocation are ongoing''; and
(ii) in clause (ii), by striking ``(D) or (E)'' each place
it appears and inserting ``(C) or (D)'';
(4) in paragraph (3)--
(A) in subparagraph (B)--
(i) by amending clause (iii) to read as follows:
``(iii) In the case of a local educational agency providing
a free public education to students enrolled in kindergarten
through grade 12, but which enrolls students described in
subparagraphs (A), (B), and (D) of
[[Page H1461]]
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 shall
distribute the excess sums to each eligible local educational
agency that has not received its full amount computed under
paragraph (1) or (2) (as the case may be) by multiplying--
``(i) a percentage, the denominator of which is the
difference between the full amount computed under paragraph
(1) or (2) (as the case may be) for all local educational
agencies and the amount of the threshold payment (as
calculated under subparagraphs (B) and (C)) of all local
educational agencies, and the numerator of which is the
aggregate of the excess sums, by;
``(ii) the difference between the full amount computed
under paragraph (1) or (2) (as the case may be) for the
agency and the amount of the threshold payment as calculated
under subparagraphs (B) and (C) of the agency.''; and
(D) by inserting at the end the following new
subparagraphs:
``(E) Insufficient payments.--For each fiscal year
described in subparagraph (A) for which the sums appropriated
under section 3(d)(2) are insufficient to pay each local
educational agency all of the local educational agency's
threshold payment described in subparagraph (D), the
Secretary shall ratably reduce the payment to each local
educational agency under this paragraph.
``(F) Increases.--If the sums appropriated under section
3(d)(2) are sufficient to increase the threshold payment
above the 100 percent threshold payment described in
subparagraph (D), then the Secretary shall increase payments
on the same basis as such payments were reduced, except no
local educational agency may receive a payment amount greater
than 100 percent of the maximum payment calculated under this
subsection.''; and
(5) in paragraph (4)--
(A) in subparagraph (A), by striking ``through (D)'' and
inserting ``and (C)''; and
(B) in subparagraph (B), by striking ``subparagraph (D) or
(E)'' and inserting ``subparagraph (C) or (D)''.
(c) Prior Year Data.--Paragraph (2) of section 8003(c) (20
U.S.C. 7703(c)) is amended to read as follows:
``(2) Exception.--Calculation of payments for a local
educational agency shall be based on data from the fiscal
year for which the agency is making an application for
payment if such agency--
``(A) is newly established by a State, for the first year
of operation of such agency only;
``(B) was eligible to receive a payment under this section
for the previous fiscal year and has had an overall increase
in enrollment (as determined by the Secretary in consultation
with the Secretary of Defense, the Secretary of the Interior,
or the heads of other Federal agencies)--
``(i) of not less than 10 percent, or 100 students, of
children described in--
``(I) subparagraph (A), (B), (C), or (D) of subsection
(a)(1); or
``(II) 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
the Interior; and
``(ii) that is the direct result of closure or realignment
of military installations under the base closure process or
the relocation of members of the Armed Forces and civilian
employees of the Department of Defense as part of the force
structure changes or movements of units or personnel between
military installations or because of actions initiated by the
Secretary of the Interior or the head of another Federal
agency; or
``(C) was eligible to receive a payment under this section
for the previous fiscal year and has had an increase in
enrollment (as determined by the Secretary)--
``(i) of not less than 10 percent of children described in
subsection (a)(1) or not less than 100 of such children; and
``(ii) that is the direct result of the closure of a local
educational agency that received a payment under subsection
(b)(1) or (b)(2) in the previous fiscal year.''.
(d) Children With Disabilities.--Section 8003(d)(1) (20
U.S.C. 7703(d)) is amended by striking ``section 8014(c)''
and inserting ``section 3(d)(3)''.
(e) Hold Harmless.--
(1) In general.--The total amount the Secretary shall pay a
local educational agency under subsection (b)--
(A) beginning in fiscal year 2016 and for any fiscal year
thereafter in which a local educational agency's payment is
reduced by an amount greater than $5,000,000 or 20 percent
from the amount received in the previous fiscal year, the
Secretary shall pay a local educational agency for each of
the 3 years following the reduction under subsection (b)--
(i) for the first year shall not be less than 90 percent of
the total amount that the local educational agency received
under subsection (b)(1) or (b)(2) in the fiscal year prior to
the reduction herein referred to as the base year;
(ii) for the second year shall not be less than 85 percent
of the total amount that the local educational agency
received under subsection (b)(1) or (b)(2) in the base year;
and
(iii) for the third year shall not be less than 80 percent
of the total amount that the local educational agency
received under subsection (b) (1) or (b) (2) in the base
year.
(2) Ratable reduction.--
(A) In general.--If the sums made available under this
title for any fiscal year are insufficient to pay the full
amounts that all local educational agencies in all States are
eligible to receive under paragraph (1) for such year, then
the Secretary shall ratably reduce the payments to all such
agencies for such year.
(B) Additional funds.--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.
(f) Maintenance of Effort.--Section 8003 (20 U.S.C. 7703)
is amended by striking subsection (g).
SEC. 804. 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. 805. 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. 806. 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. 807. 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. 808. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE
AID.
Section 8009 (20 U.S.C. 7709) is amended--
(1) in subsection (c)(1)(B), by striking ``and contain the
information''; and
(2) in subsection (d)(2)--
(A) by striking ``A State'' and inserting the following:
``(A) In general.--A State''; and
(B) by adding at the end of the following:
``(B) States that are not equalized states.--A State that
has not been approved
[[Page H1462]]
as an equalized State under subsection (b) shall not consider
funds received under section 8002 or section 8003 of this
title in any State formula or place a limit or direct the use
of such funds for the purposes of determining a local
educational agency's fund balance.''.
SEC. 809. 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. 810. 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. 811. AUTHORIZATION OF APPROPRIATIONS.
Section 8014 (20 U.S.C. 7801) is amended--
(1) by striking ``2000'' each place it appears and
inserting ``2016'';
(2) by striking ``2001'' and inserting ``2017''; and
(3) by striking ``2002'' and inserting ``2018''.
SEC. 812. CONFORMING AMENDMENTS.
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) (1) by striking paragraphs (1) and (4); and
(2) (2) by redesignating paragraphs (2) and (3), as
paragraphs (1) and (2), respectively.
TITLE IX--GENERAL PROVISIONS
SEC. 900. GENERAL AMENDMENTS.
(a) General Prohibition.--Section 9527(a) (20 U.S.C.
7907(a)) is amended by inserting ``specific instructional
content, academic standards or assessments,'' after
``school's curriculum,''.
(b) Rule of Construction.--Section 9534 (20 U.S.C. 7914) is
amended by adding at the end the following:
``(c) Rule of Construction.--Any public or private entity
that receives funds allocated under this Act including from a
State educational agency or local educational agency shall be
considered a program under subsection (a) and be subject to
the requirements of subsection (a) in carrying out programs
or activities funded under this Act.''.
Subtitle A--Protecting Students From Sexual and Violent Predators
SEC. 901. BACKGROUND CHECKS.
Subpart 2 of part E of title IX (20 U.S.C. 7901 et seq.) is
amended by adding at the end the following:
``SEC. 9537. CRIMINAL BACKGROUND CHECKS.
``(a) In General.--A State educational agency that receives
funds under this Act shall have in effect--
``(1) requirements, policies, and procedures to require and
conduct criminal background checks for each school employee
including prospective school employees described in
subsection (c)(1); and
``(2) prohibit the employment of a school employee as
described in subsection (c).
``(b) Requirements.--A criminal background check for a
school employee under subsection (a) shall include--
``(1) a search of the State criminal and sex offender
registry or repository in the State where the school employee
resides, and each State where such school employee resided
during the preceding 5 years;
``(2) a search of State-based child abuse and neglect
registries and databases in the State where the school
employee resides, and each State where such school employee
resided during the preceding 5 years;
``(3) a search of the National Crime Information Center;
``(4) a Federal Bureau of Investigation fingerprint check
using the Integrated Automated Fingerprint Identification
System; and
``(5) a search of the National Sex Offender Registry
established under the Adam Walsh Child Protection and Safety
Act of 2006 (42 U.S.C. 16901 et seq.).
``(c) Prohibitions.--
``(1) School employee.--A school employee shall be
ineligible for employment by a local educational agency or
State educational agency that is receiving funds under this
Act if such individual--
``(A) refuses to consent to the criminal background check
described in subsection (b);
``(B) knowingly makes a materially false statement in
connection with such criminal background check;
``(C) is registered, or is required to be registered, on a
State sex offender registry or repository or the National Sex
Offender Registry established under the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.);
or
``(D) has been convicted of a felony consisting of--
``(i) murder, as described in section 1111 of title 18,
United States Code;
``(ii) child abuse or neglect;
``(iii) a crime against children, including child
pornography;
``(iv) spousal abuse;
``(v) a crime involving rape or sexual assault;
``(vi) kidnapping;
``(vii) arson;
``(viii) physical assault or battery; or
``(ix) a drug-related offense committed during the
preceding 5 years; or
``(E) has been convicted of a violent misdemeanor committed
as an adult against a child, including the following crimes:
child abuse, child endangerment, sexual assault, or of a
misdemeanor involving child pornography.
``(2) State educational agency or local educational
agency.--A State educational agency or local educational
agency described in paragraph (1) shall be ineligible for
assistance under this Act if the agency employs or contracts
with a school employee who is ineligible for employment under
paragraph (1).
``(d) Submission of Requests for Background Checks.--
``(1) In general.--A State educational agency or local
educational agency covered by subsection (c) shall submit a
request, to the appropriate State agency designated by a
State, for a criminal background check described in
subsection (b), for each school employee.
``(2) School employees.--Subject to paragraph (4), in the
case of an individual who became a school employee before the
date of enactment of the Student Success Act shall submit
such a request--
``(A) prior to the last day described in subsection (k)(1);
and
``(B) not less often than once during each 5-year period
following the first submission date under this paragraph for
that school employee.
``(3) Prospective school employees.--Subject to paragraph
(4), in the case of an individual who is a prospective school
employee on or after that date of enactment, the provider
shall submit such a request--
``(A) prior to the date the individual becomes a school
employee; and
``(B) not less than once during each 5-year period
following the first submission date under this paragraph for
that staff member.
``(e) Background Check Results and Appeals.--
``(1) Background check results.--The State shall carry out
the request of a State educational agency or local
educational agency for a criminal background check as
expeditiously as possible, but not to exceed 45 days after
the date on which such request was submitted, and shall
provide the results of the criminal background check to such
agency provider and to the school employee staff member.
``(2) Privacy.--
``(A) In general.--The State shall provide the results of
the criminal background check to the State educational agency
or local educational agency in a statement that indicates
whether a school employee is eligible or ineligible for
employment described in subsection (c), without revealing any
disqualifying crime or other related information regarding
the individual.
``(B) Ineligible school employee.--If the school employee
is ineligible for such employment due to the background
check, the State will, when providing the results of the
background check, include information related to each
disqualifying crime, in a report to the school employee.
``(C) Public release of results.--No State shall publicly
release or share the results of individual background checks,
except States may release aggregated data by crime as listed
under subsection (c)(1)(D) from background check results, as
long as such data does not contain personally identifiable
information.
``(3) Appeals.--
``(A) In general.--The State shall provide for a process by
which a school employee may appeal the results of a criminal
background check conducted under this section to challenge
the accuracy or completeness of the information contained in
such member's criminal background report.
``(B) Appeals process.--The State shall ensure that--
``(i) each school employee shall be given notice of the
opportunity to appeal;
``(ii) a school employee will receive instructions about
how to complete the appeals process if the school employee
wishes to challenge the accuracy or completeness of the
information contained in such employee's criminal background
report; and
``(iii) the appeals process is completed in a timely manner
for each school employee not to exceed 45 days.
``(C) Costs.--A school employee who has successfully
challenged the findings contained in such employee's criminal
background check report in the appeals process under this
paragraph shall be allowed to seek compensation for any
reasonable costs incurred from such appeal.
``(4) Review.--
``(A) In general.--The State shall establish a timely
review process not to exceed 45 days through which the State
may determine that a school employee identified in subsection
(c) is eligible for employment with the educational agency.
``(B) Factors.--The review process shall be an
individualized assessment consistent with title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) and the
U.S. Equal Employment Opportunity Commission Enforcement
Guidance on the Consideration of Arrest and Conviction
Records in Employment Decisions, and may include
consideration of the following factors--
[[Page H1463]]
``(i) nature and seriousness of the offense;
``(ii) circumstances under which the offense was committed;
``(iii) lapse of time since the offense was committed or
the individual was released from prison;
``(iv) individual's age at the time of the offense;
``(v) social conditions which may have fostered the
offense;
``(vi) relationship of the nature of the offense to the
position sought;
``(vii) number of criminal convictions;
``(viii) honesty and transparency of the candidate in
admitting the conviction record;
``(ix) individual's work history, including evidence that
the individual performed the same or similar work, post-
conviction, with the same or different employer, with no
known incidents of criminal conduct;
``(x) evidence of rehabilitation as demonstrated by the
individual's good conduct while in correctional custody and/
or the community; counseling or psychiatric treatment
received; acquisition of additional academic or vocational
schooling; successful participation in correctional work-
release programs and the recommendations of persons who have
or have had the applicant under their supervision;
``(xi) whether the individual is bonded under Federal,
state, or local bonding program; and
``(xii) any other factor that may lead to the conclusion
that the individual does not pose a risk to children.
``(C) Limitation.--This paragraph shall not apply to a
school employee who has been convicted of a serious violent
or sexual felony against a child, as determined by the State.
``(5) No private right of action.--Nothing in this section
shall be construed to create a private right of action if a
State educational agency or local educational agency has
acted in accordance with this section.
``(f) Fees for Background Checks.--
``(1) Fees that a State may charge for the costs of
processing applications and administering a criminal
background check as required by this section shall not exceed
the actual costs to the State for the processing and
administration.
``(2) A local educational agency or State educational
agency may use administrative funds received under this Act
to pay for any reasonable fees charged for conducting a
criminal background check under this section.
``(g) Transparency.--The State must ensure that the
policies and procedures under this section are published on
the Web site (or otherwise publicly available venue in the
absence of a Web site) of the State and the Web sites of
local lead agencies.
``(h) Construction.--
``(1) Disqualification for other crimes.--Nothing in this
section shall be construed to prevent a State from
disqualifying individuals as a school employee based on their
conviction for crimes not specifically listed in this section
that bear upon the fitness of an individual to provide care
for and have responsibility for the safety and well-being of
children.
``(2) Rights and remedies.--Nothing in this section shall
be construed to alter or otherwise affect the rights and
remedies provided for a school employee residing in a State
that disqualifies individuals as a school employee for crimes
not specifically provided for under this section.
``(i) Reporting.--Not later than one year after the date of
the enactment of this Act, the Secretary of Education shall
report to Congress on--
``(1) any information available about numbers of
individuals restricted or disqualified from being a school
employee on the basis of a criminal record identified in the
background check, pursuant to this section in total, and for
each type of conviction, as specified in sections (c)(1)(D)
and (c)(1)(E) and disaggregated by race, gender, national
origin, and ethnicity;
``(2) the identity of each state's agency with jurisdiction
over the background check results and appeals process
described in section (e);
``(3) the identity of each state's agency with jurisdiction
over the individualized assessment, as described in section
(e)(4);
``(4) the numbers of individuals approved for consideration
as a school employee by the individualized assessment, as
defined in section (e)(4) in total, and for each type of
conviction, as specified in sections (c)(1)(D) and (c)(1)(E)
and disaggregated by race, gender, national origin, and
ethnicity; and
``(5) the numbers of successful and unsuccessful appeals to
the accuracy and completeness of records or information, in
total, by State, and by type of conviction, as specified in
section sections (c)(1)(D) and (c)(1)(E) and disaggregated by
race, gender, national origin, and ethnicity.
``(j) Definition.--In this section, the term `school
employee' means--
``(1) an employee of, or a person seeking employment with,
a local educational agency or State educational agency, and
who, as a result of such employment, has (or will have) a job
duty that results in unsupervised access to elementary school
or secondary school students;
``(2) any person, or an employee of any person who has a
contract or agreement to provide services with an elementary
school or secondary school, local educational agency, or
State educational agency, and such person or employee, as a
result of such contract or agreement, has a job duty that
results in unsupervised access to elementary school or
secondary students; and
``(3) an employee of or a person seeking employment with a
high-quality prekindergarten program (as defined in section
1112 of the Student Success Act) who has unsupervised access
to children or a person who has a contract or agreement with
such program and has unsupervised access to children.
``(k) Effective Date.--
``(1) In general.--A State that receives funds under this
Act shall meet the requirements of this section for the
provision of criminal background checks for a school employee
described in subsection (d)(1) not later than the last day of
the second full fiscal year after the date of enactment of
the Student Success Act.
``(2) Extension.--The Secretary may grant a State an
extension of time, of not more than 1 fiscal year, to meet
the requirements of this section if the State demonstrates a
good faith effort to comply with the requirements of this
section.
``(3) Penalty for noncompliance.--Except as provided in
paragraphs (1) and (2), for any fiscal year that a State
fails to comply substantially with the requirements of this
section, the Secretary shall withhold 5 percent of the funds
that would otherwise be allocated to that State in accordance
with this Act for the following fiscal year.
``SEC. 9538. EQUALITY IN ATHLETIC PROGRAMS.
``(a) Report.--Each coeducational elementary or secondary
school that participates in any program under this Act and
has an athletic program, shall annually, for the immediately
preceding academic year, prepare a report that contains the
following information:
``(1) The number of students that attended the school and
for each student an identification of such student's--
``(A) sex;
``(B) race; and
``(C) ethnicity.
``(2) A listing of the teams that competed in athletic
competition and for each such team the following data:
``(A) The total number of participants as of the day of the
first scheduled contest for the team, and for each
participant an identification of such participant's--
``(i) sex;
``(ii) race; and
``(iii) ethnicity.
``(B) The year the team began.
``(C) The total expenditures for each team from school and
nonschool sources, including a listing of the following data
for each team:
``(i) Expenditures for travel.
``(ii) Expenditures for equipment (including any equipment
replacement schedule).
``(iii) Expenditures for uniforms (including any uniform
replacement schedule).
``(iv) Expenditures for facilities (including locker rooms,
fields, and gymnasiums) and their maintenance and repair.
``(v) Expenditures for training and medical facilities and
services.
``(vi) Expenditures for publicity for competitions
(including press guides, press releases, game programs, and
publicity personnel).
``(D) The total number of trainers and medical personnel,
and for each trainer or medical personnel an identification
of such person's--
``(i) sex;
``(ii) employment status (including whether such person is
employed full-time or part-time, and whether such person is a
head or assistant trainer or medical services provider) and
duties other than providing training or medical services; and
``(iii) qualifications, including whether the person is a
professional or student.
``(E) The total number of coaches, and for each coach an
identification of such coach's--
``(i) sex;
``(ii) employment status (including whether such coach is
employed full-time or part-time, and whether such coach is a
head or assistant coach) and duties other than coaching; and
``(iii) qualifications, including whether the person is a
professional or student.
``(F) Total annual revenues generated by the team
(including contributions from outside sources such as booster
clubs), disaggregated by source.
``(G) The total number of competitions scheduled, and for
each scheduled competition an indication of what day of the
week and time the competition was scheduled.
``(H) The total number of practices scheduled, and for each
scheduled practice an indication of what day of the week and
time the practice was scheduled.
``(I) The season in which the team competed.
``(J) Whether such team participated in postseason
competition, and the success of such team in any postseason
competition.
``(3) The average annual institutional salary attributable
to coaching of the head coaches of men's teams, across all
offered sports, and the average annual institutional salary
attributable to coaching of the head coaches of women's
teams, across all offered sports.
``(4) The average annual institutional salary attributable
to coaching of the assistant coaches of men's teams, across
all offered sports, and the average annual institutional
[[Page H1464]]
salary attributable to coaching of the assistant coaches of
women's teams, across all offered sports.
``(b) Special Rule.--For the purpose of reporting the
information described in paragraphs (3) and (4) of subsection
(a), if a coach has responsibilities for more than 1 team and
the school does not allocate such coach's salary by team, the
school should divide the salary by the number of teams for
which the coach has responsibility and allocate the salary
among the teams on a basis consistent with the coach's
responsibilities for the different teams.
``(c) Disclosure of Information to Students and Public.--On
an annual basis, each coeducational elementary or secondary
school described in subsection (a) shall--
``(1) make available to students, potential students, and
the public, upon request, the information contained in each
report by the school under this section by October 15 of each
school year; and
``(2) ensure that all students at the school and members of
the relevant community are informed of their right to request
such information.
``(d) Submission; Information Availability.--On an annual
basis, each coeducational elementary or secondary school
described in subsection (a) shall provide the information
contained in each report by the school under this section to
the Commissioner for Education Statistics not later than 15
days after the date that the school makes such information
available under subsection (c).
``(e) Duties of Commissioner for Education Statistics.--The
Commissioner for Education Statistics shall--
``(1) ensure that the data required under this section are
posted on the Department of Education's Web site within a
reasonable period of time; and
``(2) not later than 180 days after the date of the
enactment of the Student Success Act, notify all elementary
and secondary schools in all States about the requirements
under subsection (c) and issue guidance to all elementary and
secondary schools on how to collect and report the
information required under this section.''.
SEC. 902. CONFORMING AMENDMENT.
Section 2 is amended by adding after the item relating to
section 9536 the following:
``Sec. 9537. Background checks.
``Sec. 9538. Equality in athletic programs.''.
Subtitle B--Evaluation Authority
SEC. 911. EVALUATION AUTHORITY.
Title IX (20 U.S.C. 7801 et seq.) is further amended by
amending part F to read as follows:
``PART F--EVALUATION AUTHORITY
``SEC. 9911. EVALUATION AUTHORITY.
``(a) Reservation of Funds.--The Secretary shall reserve
not less than 1 percent of the amount appropriated to carry
out each categorical program and demonstration project
authorized under this Act, except the Secretary may not
reserve more than 1 percent of title I, part A to carry out
the evaluation activities described in this section.
``(b) Evaluation Activities.--From funds reserved under
subsection (a), the reserved amounts--
``(1) shall first be used by the Secretary, acting through
the Director of the Institute of Education Sciences, to--
``(A) conduct comprehensive, high-quality evaluations of
the program that--
``(i) are consistent with the evaluation plan under
subsection (d); and
``(ii) primarily include impact evaluations that use
experimental or quasi-experimental designs, where practicable
and appropriate, and other rigorous methodologies that permit
the strongest possible causal inferences;
``(B) conduct studies of the effectiveness of the program
and the administrative impact of the program on schools and
local educational agencies; and
``(C) widely disseminate evaluation findings under this
section related to programs authorized under this Act--
``(i) in a timely fashion;
``(ii) in forms that are understandable, easily accessible,
and usable, or adaptable for use in, the improvement of
educational practice;
``(iii) through electronic transfer, and other means, such
as posting, as available, to the websites of State
educational agencies, local educational agencies, the
Institute of Education Sciences, the Department, or in
another relevant place; and
``(iv) in a manner that promotes the utilization of such
findings; and
``(2) may be used by the Secretary, acting through the
Director of the Institute of Education Sciences--
``(A) to evaluate the aggregate short- and long-term
effects and cost efficiencies across Federal programs
assisted or authorized under this Act and related Federal
early childhood education, preschool, elementary school, and
secondary school programs under any other Federal law; and
``(B) assist grantees of such programs in collecting and
analyzing data related to conducting high-quality evaluations
under paragraph (1).
``(c) Title I.--The Secretary, acting through the Director
of the Institute of Education Sciences, shall use funds
authorized under subsection(a)(1) to carry out evaluation
activities under this section related to title I.
``(d) Consolidation.--Notwithstanding any other provision
of this section the Secretary in consultation with the
Director of the Institute of Education Sciences--
``(1) may consolidate the funds reserved under subsections
(a) or (c) for purposes of carrying out the activities under
subsection (b)(1) and subsection (g); and
``(2) shall not be required to evaluate under subsection
(b)(1) each program authorized under this Act each year.
``(e) Evaluation Plan.--The Director of the Institute of
Education Sciences, shall, on a biennial basis, develop,
submit to Congress, and make publicly available an evaluation
plan, that--
``(1) describes the specific activities that will be
carried out under subsection (b) for the 2-year period
applicable to the plan, and the timelines of such activities;
``(2) contains the results of the activities carried out
under subsection (b) for the most recent 2-year period; and
``(3) describes how programs authorized under this Act will
be regularly evaluated.
``(f) Evaluation Activities Authorized Elsewhere.--If,
under any other provision of this Act, funds are authorized
to be reserved or used for evaluation activities with respect
to a program, the Secretary may not reserve additional funds
under this section for the evaluation of that program.''.
Subtitle C--Keeping All Students Safe
SEC. 911. KEEPING ALL STUDENTS SAFE.
Title IX (20 U.S.C. 7801 et seq.) is further amended by
adding at the end the following:
``PART G--KEEPING ALL STUDENTS SAFE
``SEC. 9701. DEFINITIONS.
``In this part:
``(1) Chemical restraint.--The term `chemical restraint'
means a drug or medication used on a student to control
behavior or restrict freedom of movement that is not--
``(A) prescribed by a licensed physician, or other
qualified health professional acting under the scope of the
professional's authority under State law, for the standard
treatment of a student's medical or psychiatric condition;
and
``(B) administered as prescribed by the licensed physician
or other qualified health professional acting under the scope
of the professional's authority under State law.
``(2) Mechanical restraint.--The term `mechanical
restraint' has the meaning given the term in section
595(d)(1) of the Public Health Service Act (42 U.S.C.
290jj(d)(1)), except that the meaning shall be applied by
substituting `student's' for `resident's'.
``(3) Physical escort.--The term `physical escort' has the
meaning given the term in section 595(d)(2) of the Public
Health Service Act (42 U.S.C. 290jj(d)(2)), except that the
meaning shall be applied by substituting `student' for
`resident'.
``(4) Physical restraint.--The term `physical restraint'
mean a personal restriction that immobilizes or reduces the
ability of an individual to move the individual's arms, legs,
torso, or head freely. Such term does not include a physical
escort, mechanical restraint, or chemical restraint.
``(5) Positive behavior supports.--The term `positive
behavior supports' means a systematic approach to embed
evidence-based practices and data-driven decisionmaking to
improve school climate and culture, including a range of
systemic and individualized strategies to reinforce desired
behaviors and diminish reoccurrence of problem behaviors, in
order to achieve improved academic and social outcomes and
increase learning for all students, including students with
the most complex and intensive behavioral needs.
``(6) Protection and advocacy system.--The term `protection
and advocacy system' means a protection and advocacy system
established under subtitle C of title I of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15041 et seq.).
``(7) School.--The term `school' means an entity--
``(A) that--
``(i) is a public or private--
``(I) day or residential elementary school or secondary
school; or
``(II) early childhood, elementary school, or secondary
school program that is under the jurisdiction of a school,
local educational agency, educational service agency, or
other educational institution or program; and
``(ii) receives, or serves students who receive, support in
any form from any program supported, in whole or in part,
with funds appropriated under the Student Success Act; or
``(B) that is a school funded or operated by the Department
of the Interior.
``(8) School personnel.--The term `school personnel' has
the meaning--
``(A) given the term in section 4151(10); and
``(B) given the term `school resource officer' in section
4151(11).
``(9) Seclusion.--The term `seclusion' means--
``(A) the involuntary confinement of a student alone in a
room or area from which the student is physically prevented
from leaving; and
``(B) does not include a time out.
``(10) State-approved crisis intervention training
program.--The term `State-approved crisis intervention
training program' means a training program approved by a
State and the Secretary that, at a minimum, provides--
``(A) training in evidence-based techniques shown to be
effective in the prevention of physical restraint and
seclusion;
``(B) training in evidence-based techniques shown to be
effective in keeping both school
[[Page H1465]]
personnel and students safe when imposing physical restraint
or seclusion;
``(C) evidence-based skills training related to positive
behavior supports, safe physical escort, conflict prevention,
understanding antecedents, de-escalation, and conflict
management;
``(D) training in first aid and cardiopulmonary
resuscitation;
``(E) information describing State policies and procedures
that meet the minimum standards established by regulations
promulgated pursuant to section 9702(a); and
``(F) certification for school personnel in the techniques
and skills described in subparagraphs (A) through (D), which
shall be required to be renewed on a periodic basis.
``(11) Student.--The term `student' means a student
enrolled in a school defined in paragraph (7), except that in
the case of a student enrolled in a private school or private
program, such term means a student who receives support in
any form from any program supported, in whole or in part,
with funds appropriated under the Student Success Act.
``(12) Time out.--The term `time out' has the meaning given
the term in section 595(d)(5) of the Public Health Service
Act (42 U.S.C. 290jj(d)(5)), except that the meaning shall be
applied by substituting `student' for `resident'.
``SEC. 9702. MINIMUM STANDARDS; RULE OF CONSTRUCTION.
``(a) Minimum Standards.--Not later than 180 days after the
date of the enactment of the Student Success Act, to ensure a
safe learning environment and protect each student from
physical or mental abuse, aversive behavioral interventions
that compromise student health and safety, or any physical
restraint or seclusion imposed solely for purposes of
discipline or convenience or in a manner otherwise
inconsistent with this part, the Secretary shall promulgate
regulations establishing the following minimum standards:
``(1) School personnel shall be prohibited from imposing on
any student the following:
``(A) Mechanical restraints.
``(B) Chemical restraints.
``(C) Physical restraint or physical escort that restricts
breathing.
``(D) Aversive behavioral interventions that compromise
health and safety.
``(2) School personnel shall be prohibited from imposing
physical restraint or seclusion on a student unless--
``(A) the student's behavior poses an imminent danger of
physical injury to the student, school personnel, or others;
``(B) less restrictive interventions would be ineffective
in stopping such imminent danger of physical injury;
``(C) such physical restraint or seclusion is imposed by
school personnel who--
``(i) continuously monitor the student face-to-face; or
``(ii) if school personnel safety is significantly
compromised by such face-to-face monitoring, are in
continuous direct visual contact with the student;
``(D) such physical restraint or seclusion is imposed by--
``(i) school personnel trained and certified by a State-
approved crisis intervention training program (as defined in
section 9701(16)); or
``(ii) other school personnel in the case of a rare and
clearly unavoidable emergency circumstance when school
personnel trained and certified as described in clause (i)
are not immediately available due to the unforeseeable nature
of the emergency circumstance; and
``(E) such physical restraint or seclusion ends immediately
upon the cessation of the conditions described in
subparagraphs (A) and (B).
``(3) States, in consultation with local educational
agencies and private school officials, shall ensure that a
sufficient number of personnel are trained and certified by a
State-approved crisis intervention training program (as
defined in section 9701(16)) to meet the needs of the
specific student population in each school.
``(4) The use of physical restraint or seclusion as a
planned intervention shall not be written into a student's
education plan, individual safety plan, behavioral plan, or
individualized education program (as defined in section 602
of the Individuals with Disabilities Education Act (20 U.S.C.
1401)). Local educational agencies or schools may establish
policies and procedures for use of physical restraint or
seclusion in school safety or crisis plans, provided that
such school plans are not specific to any individual student.
``(5) Schools shall establish procedures to be followed
after each incident involving the imposition of physical
restraint or seclusion upon a student, including--
``(A) procedures to provide to the parent of the student,
with respect to each such incident--
``(i) an immediate verbal or electronic communication on
the same day as the incident; and
``(ii) written notification within 24 hours of the
incident; and
``(B) any other procedures the Secretary determines
appropriate.
``(b) Secretary of the Interior.--The Secretary of the
Interior shall ensure that schools operated or funded by the
Department of the Interior comply with the regulations
promulgated by the Secretary under subsection (a).
``(c) Rule of Construction.--Nothing in this section shall
be construed to authorize the Secretary to promulgate
regulations prohibiting the use of--
``(1) time out (as defined in section 9701(20));
``(2) devices implemented by trained school personnel, or
utilized by a student, for the specific and approved
therapeutic or safety purposes for which such devices were
designed and, if applicable, prescribed, including--
``(A) restraints for medical immobilization;
``(B) adaptive devices or mechanical supports used to
achieve proper body position, balance, or alignment to allow
greater freedom of mobility than would be possible without
the use of such devices or mechanical supports; or
``(C) vehicle safety restraints when used as intended
during the transport of a student in a moving vehicle; or
``(3) handcuffs by school resource officers (as such term
is defined in section 4151(11))--
``(A) in the--
``(i) case when a student's behavior poses an imminent
danger of physical injury to the student, school personnel,
or others; or
``(ii) lawful exercise of law enforcement duties; and
``(B) less restrictive interventions would be ineffective.
``SEC. 9703. STATE PLAN AND REPORT REQUIREMENTS AND
ENFORCEMENT.
``(a) State Plan.--Not later than 2 years after the
Secretary promulgates regulations pursuant to section
9702(a), and each year thereafter, each State educational
agency shall submit to the Secretary a State plan that
provides--
``(1) assurances to the Secretary that the State has in
effect--
``(A) State policies and procedures that meet the minimum
standards, including the standards with respect to State-
approved crisis intervention training programs, established
by regulations promulgated pursuant to section 9702(a); and
``(B) a State mechanism to effectively monitor and enforce
the minimum standards;
``(2) a description of the State policies and procedures,
including a description of the State-approved crisis
intervention training programs in such State; and
``(3) a description of the State plans to ensure school
personnel and parents, including private school personnel and
parents, are aware of the State policies and procedures.
``(b) Reporting.--
``(1) Reporting requirements.--Not later than 2 years after
the date the Secretary promulgates regulations pursuant to
section 9702(a), and each year thereafter, each State
educational agency shall (in compliance with the requirements
of section 444 of the General Education Provisions Act
(commonly known as the `Family Educational Rights and Privacy
Act of 1974') (20 U.S.C. 1232g)) prepare and submit to the
Secretary, and make available to the public, a report that
includes the information described in paragraph (2), with
respect to each local educational agency, and each school not
under the jurisdiction of a local educational agency, located
in the same State as such State educational agency.
``(2) Information requirements.--
``(A) General information requirements.--The report
described in paragraph (1) shall include information on--
``(i) the total number of incidents in the preceding full-
academic year in which physical restraint was imposed upon a
student; and
``(ii) the total number of incidents in the preceding full-
academic year in which seclusion was imposed upon a student.
``(B) Disaggregation.--
``(i) General disaggregation requirements.--The information
described in subparagraph (A) shall be disaggregated by--
``(I) the total number of incidents in which physical
restraint or seclusion was imposed upon a student--
``(aa) that resulted in injury;
``(bb) that resulted in death; and
``(cc) in which the school personnel imposing physical
restraint or seclusion were not trained and certified as
described in section 9702(a)(2)(D)(i); and
``(II) the demographic characteristics of all students upon
whom physical restraint or seclusion was imposed, including--
``(aa) the categories identified in section
1111(h)(1)(C)(i);
``(bb) age; and
``(cc) disability status (which has the meaning given the
term `individual with a disability' in section 7(20) of the
Rehabilitation Act of 1973 (29 U.S.C. 705(20))).
``(ii) Unduplicated count; exception.--The disaggregation
required under clause (i) shall--
``(I) be carried out in a manner to ensure an unduplicated
count of the--
``(aa) total number of incidents in the preceding full-
academic year in which physical restraint was imposed upon a
student; and
``(bb) total number of incidents in the preceding full-
academic year in which seclusion was imposed upon a student;
and
``(II) not be required in a case in which the number of
students in a category would reveal personally identifiable
information about an individual student.
``(c) Enforcement.--
``(1) In general.--
``(A) Use of remedies.--If a State educational agency fails
to comply with subsection (a) or (b), the Secretary shall--
``(i) withhold, in whole or in part, further payments under
an applicable program (as such term is defined in section
400(c) of the
[[Page H1466]]
General Education Provisions Act (20 U.S.C. 1221)) in
accordance with section 455 of such Act (20 U.S.C. 1234d);
``(ii) require a State educational agency to submit, and
implement, within 1 year of such failure to comply, a
corrective plan of action, which may include redirection of
funds received under an applicable program; or
``(iii) issue a complaint to compel compliance of the State
educational agency through a cease and desist order, in the
same manner the Secretary is authorized to take such action
under section 456 of the General Education Provisions Act (20
U.S.C. 1234e).
``(B) Cessation of withholding of funds.--Whenever the
Secretary determines (whether by certification or other
appropriate evidence) that a State educational agency who is
subject to the withholding of payments under subparagraph
(A)(i) has cured the failure providing the basis for the
withholding of payments, the Secretary shall cease the
withholding of payments with respect to the State educational
agency under such subparagraph.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to limit the Secretary's authority under
the General Education Provisions Act (20 U.S.C. 1221 et
seq.).
``SEC. 9704. GRANT AUTHORITY.
``(a) In General.--From the amount appropriated under
section 922, the Secretary may award grants to State
educational agencies to assist the agencies in--
``(1) establishing, implementing, and enforcing the
policies and procedures to meet the minimum standards
established by regulations promulgated by the Secretary
pursuant to section 9702(a);
``(2) improving State and local capacity to collect and
analyze data related to physical restraint and seclusion; and
``(3) improving school climate and culture by implementing
school-wide positive behavior support approaches.
``(b) Duration of Grant.--A grant under this section shall
be awarded to a State educational agency for a 3-year period.
``(c) Application.--Each State educational agency desiring
a grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may require, including
information on how the State educational agency will target
resources to schools and local educational agencies in need
of assistance related to preventing and reducing physical
restraint and seclusion.
``(d) Authority To Make Subgrants.--
``(1) In general.--A State educational agency receiving a
grant under this section may use such grant funds to award
subgrants, on a competitive basis, to local educational
agencies.
``(2) Application.--A local educational agency desiring to
receive a subgrant under this section shall submit an
application to the applicable State educational agency at
such time, in such manner, and containing such information as
the State educational agency may require.
``(e) Private School Participation.--
``(1) In general.--A local educational agency receiving
subgrant funds under this section shall, after timely and
meaningful consultation with appropriate private school
officials, ensure that private school personnel can
participate, on an equitable basis, in activities supported
by grant or subgrant funds.
``(2) Public control of funds.--The control of funds
provided under this section, 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.
``(f) Required Activities.--A State educational agency
receiving a grant, or a local educational agency receiving a
subgrant, under this section shall use such grant or subgrant
funds to carry out the following:
``(1) Researching, developing, implementing, and evaluating
strategies, policies, and procedures to prevent and reduce
physical restraint and seclusion in schools, consistent with
the minimum standards established by regulations promulgated
by the Secretary pursuant to section 9702(a).
``(2) Providing professional development, training, and
certification for school personnel to meet such standards.
``(3) Carrying out the reporting requirements under section
9703(b) and analyzing the information included in a report
prepared under such section to identify student, school
personnel, and school needs related to use of physical
restraint and seclusion.
``(g) Additional Authorized Activities.--In addition to the
required activities described in subsection (f), a State
educational agency receiving a grant, or a local educational
agency receiving a subgrant, under this section may use such
grant or subgrant funds for one or more of the following:
``(1) Developing and implementing high-quality professional
development and training programs to implement evidence-based
systematic approaches to school-wide positive behavior
supports, including improving coaching, facilitation, and
training capacity for administrators, teachers, specialized
instructional support personnel, and other staff.
``(2) Providing technical assistance to develop and
implement evidence-based systematic approaches to school-wide
positive behavior supports, including technical assistance
for data-driven decisionmaking related to behavioral supports
and interventions in the classroom.
``(3) Researching, evaluating, and disseminating high-
quality evidence-based programs and activities that implement
school-wide positive behavior supports with fidelity.
``(4) Supporting other local positive behavior support
implementation activities consistent with this subsection.
``(h) Evaluation and Report.--Each State educational agency
receiving a grant under this section shall, at the end of the
3-year grant period for such grant--
``(1) evaluate the State's progress toward the prevention
and reduction of physical restraint and seclusion in the
schools located in the State, consistent with the minimum
standards established by regulations promulgated by the
Secretary pursuant to section 9702(a); and
``(2) submit to the Secretary a report on such progress.
``(i) Department of the Interior.--From the amount
appropriated under section 9708, the Secretary may allocate
funds to the Secretary of the Interior for activities under
this section with respect to schools operated or funded by
the Department of the Interior, under such terms as the
Secretary of Education may prescribe.
``SEC. 9705. NATIONAL ASSESSMENT.
``(a) National Assessment.--The Secretary shall carry out a
national assessment to determine the effectiveness of this
part, which shall include--
``(1) analyzing data related to physical restraint and
seclusion incidents;
``(2) analyzing the effectiveness of Federal, State, and
local efforts to prevent and reduce the number of physical
restraint and seclusion incidents in schools;
``(3) identifying the types of programs and services that
have demonstrated the greatest effectiveness in preventing
and reducing the number of physical restraint and seclusion
incidents in schools; and
``(4) identifying evidence-based personnel training models
with demonstrated success in preventing and reducing the
number of physical restraint and seclusion incidents in
schools, including models that emphasize positive behavior
supports and de-escalation techniques over physical
intervention.
``(b) Report.--The Secretary shall 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--
``(1) not later than 3 years after the date of enactment of
the Student Success Act, an interim report that summarizes
the preliminary findings of the assessment described in
subsection (a); and
``(2) not later than 5 years after the date of the
enactment of the Student Success Act, a final report of the
findings of the assessment.
``SEC. 9706. PROTECTION AND ADVOCACY SYSTEMS.
``Protection and Advocacy Systems shall have the authority
provided under section 143 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043)
to investigate, monitor, and enforce protections provided for
students under this part.
``SEC. 9707. LIMITATION OF AUTHORITY.
``(a) In General.--Nothing in this part shall be construed
to restrict or limit, or allow the Secretary to restrict or
limit, any other rights or remedies otherwise available to
students or parents under Federal or State law or regulation.
``(b) Applicability.--
``(1) Private schools.--Nothing in this part shall be
construed to affect any private school that does not receive,
or does not serve students who receive, support in any form
from any program supported, in whole or in part, with funds
appropriated to the Department of Education.
``(2) Home schools.--Nothing in this part shall be
construed to--
``(A) affect a home school, whether or not a home school is
treated as a private school or home school under State law;
or
``(B) consider parents who are schooling a child at home as
school personnel.
``SEC. 9708. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may
be necessary to carry out this part for fiscal year 2016 and
each of the 4 succeeding fiscal years.
``SEC. 9709. PRESUMPTION OF CONGRESS RELATING TO COMPETITIVE
PROCEDURES.
``(a) Presumption.--It is the presumption of Congress that
grants awarded under this part will be awarded using
competitive procedures based on merit.
``(b) Report to Congress.--If grants are awarded under this
part using procedures other than competitive procedures, the
Secretary shall submit to Congress a report explaining why
competitive procedures were not used.''.
Subtitle D--Protecting Student Athletes From Concussions
SEC. 931. PROTECTING STUDENT ATHLETES FROM CONCUSSIONS.
Title IX (20 U.S.C. 7801 et seq.) is further amended by
adding at the end the following:
``PART H--PROTECTING STUDENT ATHLETES FROM CONCUSSIONS
``SEC. 9801. MINIMUM STATE REQUIREMENTS.
``Beginning with fiscal year 2016, in order to be eligible
to receive funds for such year or a subsequent fiscal year
under this Act each State educational agency shall issue
[[Page H1467]]
regulations establishing the following minimum requirements
in order to protect student academic achievement from the
impact of concussions:
``(1) Local educational agency concussion safety and
management plan.--Each local educational agency in the State,
in consultation with members of the community in which such
agency is located, shall develop and implement a standard
plan for concussion safety and management that includes--
``(A) the education of students, parents, and school
personnel about concussions, such as--
``(i) the training and certification of school personnel,
including coaches, athletic trainers, and school nurses, on
concussion safety and management; and
``(ii) using and maintaining standardized release forms,
treatment plans, observation, monitoring and reporting forms,
recordkeeping forms, and post-injury fact sheets;
``(B) supports for students recovering from a concussion,
such as--
``(i) guiding such student in resuming participation in
athletic activity and academic activities with the help of a
multi-disciplinary team, which may include--
``(I) a health care professional, the parents of such
student, a school nurse, or other relevant school personnel;
and
``(II) an individual who is assigned by a public school to
oversee and manage the recovery of such student;
``(ii) providing appropriate academic accommodations; and
``(iii) referring students whose symptoms of concussion
reemerge or persist upon the reintroduction of cognitive and
physical demands for evaluation of the eligibility of such
students for services under the Individual with Disabilities
Education Act (20 U.S.C. 1400 et seq.) and the Rehabilitation
Act of 1973 (29 U.S.C. 701 note et seq.); and
``(C) best practices designed to ensure, with respect to
concussions, the uniformity of safety standards, treatment,
and management, such as--
``(i) disseminating information on concussion management
safety and management to the public; and
``(ii) applying uniform standards for concussion safety and
management to all students enrolled in public schools.
``(2) Posting of information on concussions.--Each public
elementary school and each secondary school shall post on
school grounds, in a manner that is visible to students and
school personnel, and make publicly available on the school
website, information on concussions that--
``(A) is based on peer-reviewed scientific evidence (such
as information made available by the Centers for Disease
Control and Prevention);
``(B) shall include--
``(i) the risks posed by sustaining a concussion;
``(ii) the actions a student should take in response to
sustaining a concussion, including the notification of school
personnel; and
``(iii) the signs and symptoms of a concussion; and
``(C) may include--
``(i) the definition of a concussion;
``(ii) the means available to the student to reduce the
incidence or recurrence of a concussion; and
``(iii) the effects of a concussion on academic learning
and performance.
``(3) Response to concussion.--If any school personnel,
including coaches and athletic trainers, of a public school
suspects that a student has sustained a concussion during a
school-sponsored athletic activity--
``(A) the student shall be--
``(i) immediately removed from participation in such
activity; and
``(ii) prohibited from returning to participate in school-
sponsored athletic activities--
``(I) on the day such student sustained a concussion; and
``(II) until such student submits a written release from a
health care professional stating that the student is capable
of resuming participation in school-sponsored athletic
activities; and
``(B) such personnel shall report to the parent or guardian
of such student--
``(i) the date, time, and extent of the injury suffered by
such student; and
``(ii) any actions taken to treat such student.
``(4) Return to athletics and academics.--Before a student
who has sustained a concussion in a school-sponsored athletic
activity resumes participation in school-sponsored athletic
activities or academic activities, the school shall receive a
written release from a health care professional, that--
``(A) states that the student is capable of resuming
participation in such activities; and
``(B) may require the student to follow a plan designed to
aid the student in recovering and resuming participation in
such activities in a manner that--
``(i) is coordinated, as appropriate, with periods of
cognitive and physical rest while symptoms of a concussion
persist; and
``(ii) reintroduces cognitive and physical demands on such
student on a progressive basis only as such increases in
exertion do not cause the reemergence or worsening of
symptoms of a concussion.
``SEC. 9802. REPORT TO SECRETARY OF EDUCATION.
``Not later than 6 months after promulgating regulations
pursuant to section 9801 in order to be eligible to receive
funds under this Act, each State educational agency shall
submit to the Secretary of Education a report that contains--
``(1) a description of the State regulations promulgated
pursuant to section 9801; and
``(2) an assurance that the State has implemented such
regulations.
``SEC. 9803. RULE OF CONSTRUCTION.
``Nothing in this subtitle shall be construed to alter or
supersede State law with respect to education standards or
procedures or civil liability.
``SEC. 9804. DEFINITIONS.
``In this subtitle:
``(1) Concussion.--The term `concussion' means a type of
traumatic brain injury that--
``(A) is caused by a blow, jolt, or motion to the head or
body that causes the brain to move rapidly in the skull;
``(B) disrupts normal brain functioning and alters the
mental state of the individual, causing the individual to
experience--
``(i) any period of observed or self-reported --
``(I) transient confusion, disorientation, or impaired
consciousness;
``(II) dysfunction of memory around the time of injury; and
``(III) loss of consciousness lasting less than 30 minutes;
``(ii) any one of four types of symptoms of a headache,
including--
``(I) physical symptoms, such as headache, fatigue, or
dizziness;
``(II) cognitive symptoms, such as memory disturbance or
slowed thinking;
``(III) emotional symptoms, such as irritability or
sadness; and
``(IV) difficulty sleeping; and
``(C) can occur--
``(i) with or without the loss of consciousness; and
``(ii) during participation in any organized sport or
recreational activity.
``(2) Health care professional.--The term `health care
professional' means a physician, nurse, certified athletic
trainer, physical therapist, neuropsychologist or other
qualified individual who--
``(A) is a registered, licensed, certified, or otherwise
statutorily recognized by the State to provide medical
treatment;
``(B) is experienced in the diagnosis and management of
traumatic brain injury among a pediatric population; and
``(C) may be a volunteer.
``(3) School personnel.--The term `school personnel' has
the meaning given such term in section 4151.
``(4) School-sponsored athletic activity.--The term
`school-sponsored athletic activity' means--
``(A) any physical education class or program of a school;
``(B) any athletic activity authorized during the school
day on school grounds that is not an instructional activity;
and
``(C) any extracurricular sports team, club, or league
organized by a school on or off school grounds.''.
TITLE X--EDUCATION FOR HOMELESS CHILDREN AND YOUTHS
SEC. 1001. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.
Subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act is amended to read as follows:
``Subtitle B--Education for Homeless Children and Youths
``SEC. 721. STATEMENT OF POLICY.
``The following is the policy of Congress:
``(1) Each State educational agency shall ensure that each
homeless child and youth has access to the same free,
appropriate public education, including a public preschool
education, as provided to other children and youth.
``(2) In any State where compulsory residency requirements
or other requirements of laws, regulations, practices, or
policies may act as a barrier to the identification,
enrollment, attendance, or success in school of homeless
children and youth, the State shall review and revise such
laws, regulations, practices, or policies to ensure that
homeless children and youth are afforded the same free
appropriate public education as is provided to other children
and youth.
``(3) Homelessness is not a sufficient reason to separate
students from the mainstream school environment.
``(4) Homeless children and youth shall have access to the
education and other services that such children and youth
need to ensure that such children and youth have an
opportunity to meet the same college and career ready State
student academic achievement standards to which all students
are held.
``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE
EDUCATION OF HOMELESS CHILDREN AND YOUTHS.
``(a) General Authority.--The Secretary is authorized to
make grants to States from allotments made under subsection
(c) and in accordance with this section to enable such States
to carry out the activities described in subsections (d)
through (g).
``(b) Application.--In order for a State to be eligible to
receive a grant under this section, the State educational
agency, in consultation with other relevant State agencies,
shall submit an application to the Secretary at such time, in
such manner, and containing or accompanied by such
information as the Secretary may reasonably require.
``(c) Allocation and Reservations.--
``(1) Allocation.--
``(A) In general.--Subject to subparagraph (C), the
Secretary is authorized to allot to
[[Page H1468]]
each State an amount that bears the same ratio to the amount
appropriated for such year under section 727 that remains
after the Secretary reserves funds under paragraph (2) and
uses funds to carry out section 724(d) and (h), as the amount
allocated under section 1122 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6332) to the State for that
year bears to the total amount allocated under section 1122
of such Act to all States for that year, except as provided
in subparagraph (B)--
``(B) Minimum allotments.--No State shall receive for a
fiscal year less under this paragraph than the greater of--
``(i) $300,000; or
``(ii) an amount that bears the same ratio to the amount
appropriated for such year under section 727 that remains
after the Secretary reserves funds under paragraph (2) and
uses funds to carry out section 724 (d) and (h), as the
amount the State received under this paragraph for the
preceding fiscal year bears to the total amount received by
all States under this paragraph for the preceding fiscal
year.
``(C) Reduction for insufficient funds.--If there are
insufficient funds in a fiscal year to allot to each State
the minimum amount under subparagraph (B), the Secretary
shall ratably reduce the allotments to all States based on
the proportionate share that each State received under this
subsection for the preceding fiscal year.
``(2) Reservations.--
``(A) Students in territories.--The Secretary is authorized
to reserve 0.1 percent of the amount appropriated for each
fiscal year under section 727 to be allocated by the
Secretary among the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands, according to their respective need for assistance
under this title, as determined by the Secretary. Funds
allocated under this subparagraph shall be used for programs
that are consistent with the purposes of the programs
described in this subtitle.
``(B) Indian students.--
``(i) Transfer.--The Secretary shall transfer 1 percent of
the amount appropriated for each fiscal year under section
727 to the Department of the Interior for programs that are
for Indian students served by schools funded by the Secretary
of the Interior, as determined under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.), and that are consistent with the purposes of the
programs described in this title.
``(ii) Agreement.--The Secretary of Education and the
Secretary of the Interior shall enter into an agreement,
consistent with the requirements of this title, for the
distribution and use of the funds described in clause (i)
under terms that the Secretary of Education determines best
meet the purposes of the programs described in this title.
Such agreement shall set forth the plans of the Secretary of
the Interior for the use of the funds transferred, including
appropriate goals, objectives, and milestones for that use.
``(d) State Activities.--Grant funds from a grant made to a
State under this section shall be used for the following:
``(1) To provide activities for and services to improve the
identification of homeless children and youth and enable such
children and youth to enroll in, attend, and succeed in
school, including in early childhood education programs.
``(2) To establish or designate an Office of the
Coordinator for Education of Homeless Children and Youth in
the State educational agency in accordance with subsection
(f) that has sufficient knowledge, authority, and time to
carry out the duties described in this title.
``(3) To prepare and carry out the State plan described in
subsection (g).
``(4) To develop and implement professional development
activities for liaisons designated under subsection
(g)(1)(J)(ii), other local educational agency school
personnel, and community agencies to improve their--
``(A) identification of homeless children and youth; and
``(B) awareness of, and capacity to respond to, specific
needs in the education of homeless children and youth.
``(e) State and Local Subgrants.--
``(1) Minimum disbursements by states.--From the grant
funds made available each year to a State under subsection
(a) to carry out this title, the State educational agency
shall distribute not less than 75 percent by making subgrants
under section 723 to local educational agencies for the
purposes of carrying out section 723.
``(2) Use by state educational agency.--A State educational
agency may use any grant funds remaining after making
subgrants under section 723 to conduct activities under
subsection (f) directly or through making grants or entering
into contracts.
``(3) Prohibition on segregating homeless students.--In
providing a free public education to a homeless child or
youth, no State receiving funds under this title shall
segregate such child or youth in a separate school, or in a
separate program within a school, based on such child's or
youth's status as homeless.
``(A) Exception.--Notwithstanding paragraph (3), paragraphs
(1)(J)(i) and (3) of subsection (g), section 723(a)(2), and
any other provision of this title relating to the placement
of homeless children or youths in schools, a State that has a
separate school for homeless children or youths that was
operated and in receipt of funds under this title in fiscal
year 2015 in a covered county shall be eligible to receive
funds under this title for programs carried out in such
school.
``(B) Definition.--For purposes of this paragraph, the term
`covered county' means San Diego County, California.
``(f) Functions of the Office of Coordinator.--The
Coordinator for Education of Homeless Children and Youth
established in each State shall--
``(1) gather and make publicly available reliable, valid,
and comprehensive information on
``(A) the nature and extent of the problems homeless
children and youth have in gaining access to public preschool
programs, and to public elementary schools and secondary
schools;
``(B) the difficulties in identifying the special needs and
barriers to participation and achievement of such children
and youth;
``(C) any progress made by the State educational agency and
local educational agencies in the State in addressing such
problems and difficulties; and
``(D) the success of the programs under this title in
identifying homeless children and youth and allowing homeless
children and youth to enroll in, attend, and succeed in
school; and
``(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,
reports containing such information as the Secretary
determines is necessary to assess the educational needs of
homeless children and youth within the State including data
requested pursuant to section 724(h);
``(4) improve the provision of comprehensive education and
related support services to homeless children and youth and
their families, and to minimize educational disruption,
through coordination of activities and collaboration with--
``(A) educators, including teachers, administrators,
specialized instructional support personnel, and child
development and preschool program personnel;
``(B) providers of services to homeless children and youth
and homeless families, public and private child welfare and
social service 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 youth, and their families,
including public housing agencies, shelter operators,
operators of transitional housing facilities, and providers
of transitional living programs for homeless youth;
``(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 youth and their families; and
``(5) provide professional development and technical
assistance to and conduct monitoring of local educational
agencies, in coordination with local educational agency
liaisons designated under subsection (g)(1)(J)(ii), to ensure
that local educational agencies comply with the requirements
of paragraphs (3) through (8) of subsection (g), and
subsection (e)(3); and
``(g) State Plan.--
``(1) In general.--Each State shall submit to the Secretary
and implement a plan to provide for the education of homeless
children and youth within the State. Such plan shall include
the following:
``(A) A description of how such children and youth are (or
will be) given the opportunity
``(i) to meet the same challenging State academic
achievement standards all students are expected to meet; and
``(ii) to become college and career ready.
``(B) A description of the procedures the State educational
agency will use, in coordination with local educational
agencies, 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 arising under this title, which shall--
``(i) be developed in coordination and collaboration with
the liaisons designated under subparagraph (J)(ii);
``(ii) be readily available and provided in a written
format and, to the extent practicable, in a manner and form
understandable to the parents and guardians of homeless
children and youth;
``(iii) take into account the educational best interest of
the homeless child or youth, or unaccompanied youth,
involved; and
``(iv) ensure that parents and guardians of homeless
children and youth, and unaccompanied youth, who have
exhausted the procedures available under this paragraph are
able to appeal to the State educational agency, and are
enrolled in school pursuant to paragraph (4)(C) and receive
transportation pursuant to subparagraph (J)(iii) pending
final resolution of the dispute.
``(D) A description of programs for school personnel
(including the liaisons, principals, attendance officers,
teachers, enrollment personnel, and specialized instructional
support personnel) to increase the awareness of such
personnel of the specific needs of homeless adolescents,
including runaway and homeless youth.
[[Page H1469]]
``(E) A description of procedures that ensure that homeless
children and youth are able to participate in Federal, State,
or local nutrition programs.
``(F) A description of procedures that ensure that--
``(i) homeless children have access to public preschool
programs, administered by the State educational agency or
local educational agency, including through the policies and
practices required under paragraph (3);
``(ii) homeless youths and youth separated from the public
schools, are identified and accorded equal access to
appropriate and available secondary education and support
services, including receiving appropriate credit for full or
partial coursework satisfactorily completed while attending a
prior school, and for work completed after their enrollment
in a new school, consistent with State graduation
requirements and accreditation standards; and
``(iii) homeless children and youth who meet the relevant
eligibility criteria are able to participate in Federal,
State, or local educational programs, such as
``(I) innovative school models, including charter schools,
magnet schools, and blended learning schools;
``(II) expanded learning time and out-of-school time
programs, including before- and after-school programs and
summer schools;
``(III) middle and secondary school enrichment programs,
including career and technical education, advanced placement,
international baccalaureate, and dual enrollment courses;
``(IV) online learning opportunities, including virtual
schools; and
``(V) relevant workforce investment programs.
``(G) Strategies to address problems identified in the
reports provided to the Secretary under subsection (f)(3).
``(H) Strategies to address other problems with respect to
the education of homeless children and youth, including
enrollment problems related to--
``(i) immunization and other required health records and
screenings;
``(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 and schools in the State have
developed, and shall review and revise, their policies and
practices to remove barriers to the identification,
enrollment, attendance, retention, and success of homeless
children and youth in schools, including early childhood
education programs, 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 youth are not stigmatized
or segregated on the basis of their status as homeless;
``(ii) local educational agencies will designate an
appropriate staff person as the local educational agency
liaison for homeless children and youth, who shall have
sufficient training and time to carry out the duties
described in paragraph (7)(A), and who may also be a
coordinator for other Federal programs.
``(iii) the State and local educational agencies in the
State will adopt policies and practices to ensure that
transportation is provided at the request of the parent or
guardian involved (or in the case of an unaccompanied youth,
the liaison), to and from the school of origin for as long as
the student has the right to attend the school of origin as
determined in paragraph (4)(A), in accordance with the
following, where applicable:
``(I) If the child or youth continues to live in the area
served by the local educational agency for the school of
origin, the child's or youth's transportation to and from the
school of origin shall be provided or arranged by the local
educational agency for the school of origin.
``(II) If the child's or youth's living arrangements in the
area served by the local educational agency of origin
terminate and the child or youth, though continuing the
child's or youth's education in the school of origin, begins
living in an area served by another local educational agency,
the local educational agency of origin and the local
educational agency for the area in which the child or youth
is living shall agree upon a method to apportion the
responsibility and cost for providing 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 between the
agencies.
``(iv) The State educational agency and local educational
agencies will adopt policies and practices to promote school
success for homeless children and youth, including access to
full participation in academic and extracurricular activities
that are made available to non-homeless students.
``(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 (8).
``(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 title 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 the child or youth becomes a
homeless child or youth 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) Best interest.--In determining the best interest of
the child or youth under subparagraph (A), the local
educational agency shall--
``(i) presume that keeping a homeless child or youth in the
school of origin is in the child's or youth's best interest,
except when doing so is contrary to the wishes of the child's
or youth's parent or guardian;
``(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 or
guardian or the unaccompanied youth involved;
``(iii) if, after conducting the best interest
determination described 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 or origin or the school
requested by the parent, guardian, or unaccompanied youth,
provide, in coordination with the local educational agency
liaison, the homeless child's or youth's parent or guardian
or the unaccompanied youth, with a written explanation in a
manner or form understandable to such parent, guardian, or
youth, to the extent practicable, including a statement
regarding the right to appeal under subparagraph (E);
``(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); and
``(v) provide transportation pursuant to paragraphs
(1)(J)(iii) and (5).
``(C) Enrollment.--
``(i) Enrollment.--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 traditionally required
for enrollment, including previous academic records, health
records, proof of residency or guardianship, or other
documentation;
``(II) has unpaid fines or fees from prior schools or is
unable to pay fees in the school selected; or
``(III) has missed application or enrollment deadlines
during any period of homelessness.
``(ii) Contacting school last attended.--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 enroll the
child or youth and immediately refer the parent or guardian
of the child or youth, or the unaccompanied youth, to the
local educational agency liaison designated under paragraph
(1)(J)(ii), who shall assist in obtaining necessary
immunizations or screenings or other required health records,
in accordance with subparagraph (D).
``(iv) No liability.--Whenever the school selected enrolls
an unaccompanied youth in accordance with this paragraph, no
liability shall be imposed upon the school by reason of
enrolling the youth without parent or guardian consent.
``(D) Records.--Any record ordinarily kept by the school,
including immunization or medical 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 when a
child or youth enters a new school or school district, even
if the child or youth owes fees or fines or did not withdraw
from the previous school in conformance with local withdrawal
procedures; and
``(ii) in a manner consistent with section 444 of the
General Education Provisions Act (20 U.S.C. 1232g).
``(E) Disputes.--If a dispute arises over eligibility,
enrollment, school selection or service in a public school or
public preschool, or any other issue relating to services
under this title--
``(i) in the case of a dispute relating to eligibility for
enrollment or school selection, 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;
[[Page H1470]]
``(ii) the parent or guardian of the child or youth shall
be provided with a written explanation of the school's
decision regarding eligibility for enrollment, school
selection, or services, made by the school or the local
educational agency, which shall include information about the
right to appeal the decision;
``(iii) the child, youth, parent, or guardian 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 such
dispute; and
``(iv) in the case of an unaccompanied youth, the liaison
shall ensure that the youth is immediately enrolled in the
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
involved 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 the child or youth attended
when permanently housed or the school in which the child or
youth was last enrolled.
``(ii) Receiving school.--When a 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 the feeder school that the child or youth attended.
``(H) Contact information.--Nothing in this title shall
prohibit a local educational agency from requiring a parent
or guardian of a homeless child to submit contact
information.
``(I) Privacy.--Information about a homeless child's or
youth's living situation shall be treated as a student
education record under section 444 of the General Education
Provisions Act (20 U.S.C. 1232g) and shall not be released to
housing providers, employers, law enforcement personnel, or
other persons or agencies not authorized to have such
information under section 99.31 of title 34, Code of Federal
Regulations, paying particular attention to preventing
disruption of the living situation of the child or youth and
to supporting the safety of such children and youth who are
survivors of domestic violence and unaccompanied youth.
``(J) Academic achievement.--The school selected in
accordance with this paragraph shall ensure that homeless
children and youth have opportunities to meet the same
college and career ready State student academic achievement
standards to which other students are held, including
implementing the policies and practices required by paragraph
(1)(J)(iv).
``(4) Comparable services.--In addition to receiving
services provided for homeless children and youth under this
title or other Federal, State, or local laws, regulations,
policies, or practices, each homeless child or youth to be
assisted under this title shall be provided services
comparable to services offered to other students in the
school selected under paragraph (4), 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.), similar State or local
programs, charter schools, magnet schools, educational
programs for children with disabilities, and educational
programs for students with limited English proficiency.
``(C) Programs in vocational and technical education.
``(D) Programs for gifted and talented students.
``(E) School nutrition programs.
``(F) Health and counseling services, as appropriate.
``(5) Coordination.--
``(A) In general.--Each local educational agency shall
coordinate--
``(i) the provision of services under this title with the
services of local social services agencies and other agencies
or entities providing services to homeless children and youth
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.--Each State educational agency
and local educational agency that receives assistance under
this title shall coordinate, if applicable, 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 youth 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 youth are
identified within a reasonable time frame;
``(ii) ensure that all homeless children and youth 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
title, 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 title with the provision of programs for children
with disabilities served by such 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 youth, designated under paragraph
(1)(J)(ii), shall ensure that--
``(i) all homeless children and youths are identified by
school personnel and through coordination activities with
other entities and agencies;
``(ii) homeless children and youth are enrolled in, and
have a full and equal opportunity to succeed in, schools of
that local educational agency;
``(iii) homeless families, children, and youth have access
to educational services for which such families, children,
and youth are eligible, including services through Head
Start, Early Head Start, early intervention, and Even Start
programs, and preschool programs;
``(iv) homeless families, and homeless children and youth,
receive referrals to health care services, dental services,
mental health and substance abuse services, housing services,
and other appropriate services;
``(v) homeless children and youth are certified as eligible
for free meals offered under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), without
further application;
``(vi) the parents or guardians of homeless children and
youth are informed of the educational and related
opportunities available to their children, including early
learning opportunities, and are provided with meaningful
opportunities to participate in the education of their
children;
``(vii) public notice of the educational rights of homeless
children and youth is incorporated into documents related to
residency requirements or enrollment, provided upon school
enrollment and withdrawal, posted on the local educational
agency's website, and disseminated in locations frequented by
parents and guardians of homeless children and youth and
unaccompanied youth, including schools, shelters, public
libraries, and soup kitchens in a manner and form
understandable to parents and guardians of homeless children
and youth and unaccompanied youth;
``(viii) disputes are resolved in accordance with paragraph
(3)(E);
``(ix) the parent or guardian of a homeless child or youth,
or 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 (4)(A).
``(x) school personnel are adequately prepared to implement
this title and receive professional development, resource
materials, technical assistance, and other support; and
``(xi) unaccompanied youth--
``(I) are enrolled in school;
``(II) have opportunities to meet the same college and
career ready State student academic achievement standards to
which other students are held, including through
implementation of the policies and practices required by
subparagraphs (F)(ii) and (J)(iv) of paragraph (1); 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), including through school counselors
that have received professional development about
unaccompanied youth, 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 appointed under
subsection (d)(2) and local educational agencies shall inform
school personnel, service providers, and advocates working
with homeless families and homeless children and youth of the
contact information and duties of the local educational
agency liaisons, including publishing an annually updated
list of the liaisons working in the State on the State
educational agency's website.
``(C) Local and state coordination.--the local educational
agency liaisons 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 support services to homeless children and youth.
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).
``(D) Professional development.--The local educational
agency liaisons shall participate in the professional
development and other technical assistance activities
provided by the State Coordinator pursuant to subsection
(f)(5).
``(h) Emergency Disaster Grants.--
[[Page H1471]]
``(1) In general.--The Secretary shall make emergency
disaster grants to eligible local educational agencies and
eligible States described in paragraph (2), in order to
increase the capacity for such local educational agencies and
States to respond to major disasters.
``(2) Eligibility; application.--
``(A) Eligibility.--
``(i) Local educational agency eligibility.--A local
educational agency shall be eligible to receive an emergency
disaster grant under this subsection, based on demonstrated
need, if such local educational agency's enrollment of
homeless children and youth has increased as a result of a
hurricane, flood, or other natural disaster for which the
President declared a major disaster under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170 et seq.).
``(ii) State eligibility.--A State, through the Office of
the Coordinator for Education of Homeless Children and Youths
in the State educational agency, shall be eligible to receive
an emergency disaster grant under this subsection if there
are 1 or more eligible local educational agencies, as
described in clause (i), located within the State.
``(B) Application.--In order for an eligible State or an
eligible local educational agency to receive a grant under
this subsection, the State educational agency, in
consultation with other relevant State agencies, or local
educational agency shall submit an application to the
Secretary at such time, in such manner, and containing or
accompanied by such information as the Secretary may
reasonably require.
``(3) Distribution of grants.--The Secretary shall
distribute emergency disaster grant funds--
``(A) based on demonstrated need, to State educational
agencies or local educational agencies for local educational
agencies whose enrollment of homeless children and youths has
increased as a result of a hurricane, flood, or other natural
disaster for which the President has declared a major
disaster under title IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.);
``(B) expeditiously, and in no case later than 75 days
after such funds are appropriated to the Secretary; and
``(C) in a manner that enables local educational agencies
to use such funds for the immediate needs of disaster
response and ongoing disaster recovery.
``(4) Amount of grants.--The Secretary shall distribute
grants under this subsection in amounts determined by the
Secretary and related to the increase in enrollment of
homeless children and youths as a result of such major
disaster.
``(5) Uses of funds.--A local educational agency or State
educational agency that receives an emergency disaster grant
under this subsection shall use the grant funds to carry out
the activities described in section 723(d).
``SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE
EDUCATION OF HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--
``(1) In general.--The State educational agency shall, in
accordance with section 722(e), and from amounts made
available to such agency under section 727, make subgrants to
local educational agencies for the purpose of facilitating
the identification, enrollment, attendance, and success in
school of homeless children and youth.
``(2) Services.--
``(A) In general.--Services under paragraph (1)--
``(i) may be provided through programs on school grounds or
at other facilities; and
``(ii) shall, to the maximum extent practicable, be
provided through existing programs and mechanisms that
integrate homeless children and youth with nonhomeless
children and youth.
``(B) Services on school grounds.--If services under
paragraph (1) are provided to homeless children and youth on
school grounds, the schools involved may use funds under this
subtitle to provide the same services to other children and
youth who are determined by the local educational agency
serving the school to be at risk of failing in, or dropping
out of, school.
``(3) Requirement.--Services provided under this section
shall not replace the regular academic program and shall be
designed to expand upon or improve services provided as part
of the school's regular academic program.
``(4) Duration of grants.--Subgrants under this section
shall be for terms not to exceed 3 years.
``(b) Application.--A local educational agency that desires
to receive a subgrant under this section shall submit an
application to the State educational agency at such time, in
such manner, and containing or accompanied by such
information as the State educational agency may reasonably
require. Such application shall include the following:
``(1) An assessment of the educational and related needs of
homeless children and youth in the area served by such agency
(which may be undertaken as part of a needs assessment for
other disadvantaged group).
``(2) A description of the services and programs for which
assistance is sought to address the needs identified in
paragraph (1).
``(3) An assurance that the local educational agency's
combined fiscal effort per student, or the aggregate
expenditures of that agency and the State with respect to the
provision of free public education by such agency for the
fiscal year preceding the fiscal year for which the subgrant
determination is made, was not less than 90 percent of such
combined fiscal effort or aggregate expenditures for the
second fiscal year preceding the fiscal year for which the
determination is made.
``(4) An assurance that the applicant complies with, or
will use requested funds to comply with, paragraphs (3)
through (7) of section 722(g).
``(5) A description of policies and procedures that the
agency will implement to ensure that activities carried out
by the agency will not isolate or stigmatize homeless
children and youth.
``(6) 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).
``(7) An assurance that the local educational agency has
removed the policies and practices that have created barriers
to the identification, enrollment, attendance, retention, and
success in school of all homeless children and youth.
``(c) Awards.--
``(1) In general.--The State educational agency shall, in
accordance with the requirements of this subtitle and from
amounts made available to it under section 722(a), make
subgrants on a competitive basis to local educational
agencies that submit applications under subsection (b). Such
subgrants shall be awarded on the basis of the need of such
agencies under this subtitle and the quality of the
applications submitted.
``(2) Need.--
``(A) In general.--In determining need under paragraph (1),
the State educational agency may consider the number of
homeless children and youth enrolled in preschool, elementary
schools, and secondary schools within the area served by the
local educational agency, and shall consider the needs of
such children and youth and the ability of the local
educational agency to meet such needs.
``(B) Other considerations.--The State educational agency
may also consider the following:
``(i) The extent to which the proposed use of funds will
facilitate the identification, enrollment, retention, and
educational success of homeless children and youth.
``(ii) The extent to which the application reflects
coordination with other local and State agencies that serve
homeless children and youth.
``(ii) The extent to which the application reflects
coordination with other local and State agencies that serve
homeless children and youth.
``(iii) The extent to which the applicant exhibits in the
application and in current practice (as of the date of
submission of the application) a commitment to education for
all homeless children and youth.
``(iv) Such other criteria as the State agency determines
to be appropriate.
``(3) Quality.--In determining the quality of applications
under paragraph (1), the State educational agency shall
consider the following:
``(A) The applicant's needs assessment under subsection
(b)(1) and the likelihood that the program presented in the
application will meet such needs.
``(B) The types, intensity, and coordination of the
services to be provided under the program.
``(C) The extent to which the applicant will promote
meaningful involvement of parents or guardians of homeless
children or youth in the education of their children.
``(D) The extent to which homeless children and youths will
be integrated into the regular education program involved.
``(E) The quality of the applicant's evaluation plan for
the program.
``(F) The extent to which services provided under this
subtitle will be coordinated with other services available to
homeless children and youth and their families, including
housing and social services and services provided under the
Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.), title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.), and similar State and
local programs.
``(G) The extent to which the local educational agency will
use the subgrant to leverage resources, including by
maximizing funding for the position of the liaison described
in section 722(g)(1)(J)(ii) and the provision of
transportation.
``(H) The local educational agency's use of funds to serve
homeless children and youth under section 1113(c)(3) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6313(c)(3)).
``(I) The extent to which the applicant's program meets
such other measures as the State educational agency considers
to be indicative of a high-quality program, including the
extent to which the local educational agency will provide
services to unaccompanied youth and preschool-aged children.
``(J) The extent to which the application describes how the
applicant will meet the requirements of section 722(g)(4).
``(d) Authorized Activities.--A local educational agency
may use funds awarded under this section for activities that
carry out the purpose of this subtitle, including the
following:
``(1) The provision of tutoring, supplemental instruction,
and enriched educational services that are linked to the
achievement of the same college and career ready State
academic content standards and
[[Page H1472]]
college and career ready State student academic achievement
standards the State establishes for other children and
youths.
``(2) The provision of expedited evaluations of the
strengths, needs, and eligibility of homeless children and
youth, including needs and eligibility for programs and
services (including educational programs for gifted and
talented students, children with disabilities, and students
with limited English proficiency, charter school programs,
magnet school programs, programs in career and technical
education, and school nutrition programs).
``(3) Professional development and other activities for
educators and specialized instructional support personnel
that are designed to heighten the understanding and
sensitivity of such educators and personnel to the needs of
homeless children and youth, the rights of such children and
youth under this subtitle, and the specific educational needs
of runaway and homeless youth.
``(4) The provision of referral services to homeless
children and youths for medical, dental, mental, and other
health services.
``(5) The provision of assistance to defray the excess cost
of transportation under paragraphs (1)(J)(iii) and (5)(A) of
section 722(g) not otherwise provided through Federal, State,
or local funding.
``(6) The provision of developmentally appropriate early
childhood education programs, not otherwise provided through
Federal, State, or local funding.
``(7) The provision of services and assistance to attract,
engage, and retain homeless children and youth, particularly
homeless children and youth who are not enrolled in school,
in public school programs and services provided to
nonhomeless children and youths.
``(8) The provision for homeless children and youths of
before- and after-school, mentoring, and summer programs in
which a teacher or other qualified individual provides
tutoring, homework assistance, and supervision of educational
activities.
``(9) If necessary, the payment of fees and other costs
associated with tracking, obtaining, and transferring records
necessary to facilitate the appropriate placement of homeless
children and youths in school, including birth certificates,
immunization or medical records, academic records,
guardianship records, and evaluations for special programs or
services.
``(10) The provision of education and training to the
parents of homeless children and youths about the rights of,
and resources available to, such children and youth, and
other activities designed to increase the meaningful
involvement of families of homeless children or youth in the
education of their children.
``(11) The development of coordination of activities
between schools and agencies providing services to homeless
children and youths, as described in section 722(g)(6).
``(12) The provision of pupil services (including
counseling) and referrals for such services.
``(13) Activities to address the particular needs of
homeless children and youth that may arise from domestic
violence and parental mental health or substance abuse
problems.
``(14) The adaptation of space and purchase of supplies for
any nonschool facilities made available under subsection
(a)(2) to provide services under this subsection.
``(15) The provision of school supplies, including those
supplies to be distributed at shelters or temporary housing
facilities, or other appropriate locations.
``(16) The provision of assistance to defray the cost of
the position of liaison designated pursuant to section
722(g)(1)(J)(ii), not otherwise provided through Federal,
State, or local funding.
``(17) The provision of other extraordinary or emergency
assistance needed to enable homeless children and youth to
enroll, attend, and succeed in school, including in early
childhood education programs.
``SEC. 724. SECRETARIAL RESPONSIBILITIES.
``(a) Review of State Plans.--In reviewing the State plan
submitted by a State educational agency under section 722(g),
the Secretary shall use a peer review process and shall
evaluate whether State laws, policies, and practices
described in such plan adequately address the problems of all
homeless children and youth relating to access to education
and placement as described in such plan.
``(b) Technical Assistance.--The Secretary shall--
``(1) provide support and technical assistance to a State
educational agencies to assist such agencies in carrying out
their responsibilities under this subtitle; and
``(2) establish or designate a Federal Office of the
Coordinator for Education of Homeless Children and Youths
that has sufficient capacity, resources, and support to carry
out the responsibilities described in this subtitle.
``(c) Notice.--
``(1) In general.--The Secretary shall, before the next
school year that begins after the date of enactment of the
Student Success Act, develop and disseminate a public notice
of the educational rights of homeless children and youth. The
notice shall include information regarding the definition of
homeless children and youth in section 726.
``(2) Dissemination.--The Secretary shall disseminate the
notice nationally. The Secretary also shall disseminate such
notice to heads of other Department of Education offices,
including those responsible for special education programs,
higher education, and programs under parts A, B, C, D, G, and
H of title I, title III, title IV, and part B of title V of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311 et seq., 6361 et seq., 6391 et seq., 6421 et seq., 6531
et seq., 6551 et seq., 6801 et seq., 7102 et seq., and 7221
et seq.). The Secretary shall also disseminate such notice to
heads of other Federal agencies, and grant recipients and
other entities carrying out federally funded programs,
including Head Start programs, grant recipients under the
Health Care for the Homeless program of the Health Resources
and Services Administration of the Department of Health and
Human Services, grant recipients under the Emergency Food and
Shelter National Board Program of the Federal Emergency
Management Agency, grant recipients under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.), grant recipients
under the John H. Chafee Foster Care Independence program,
grant recipients under homeless assistance programs
administered by the Department of Housing and Urban
Development, and recipients of Federal funding for programs
carried out by the Administration on Children, Youth and
Families of the Department of Health and Human Services.
``(d) Evaluation and Dissemination.--The Secretary shall
conduct evaluation, dissemination, and technical assistance
activities of programs designed to meet the educational needs
of homeless preschool, elementary school, and secondary
school students, and may use funds appropriated under section
727 to conduct such activities.
``(e) Submission and Distribution.--The Secretary shall
require applications for grants under section 722 to be
submitted to the Secretary not later than the expiration of
the 120-day period beginning on the date that funds are
available for purposes of making such grants and shall make
such grants not later than the expiration of the 180-day
period beginning on such date.
``(f) Determination by Secretary.--The Secretary, based on
the information received from the States and information
gathered by the Secretary under subsection (h), shall
determine the extent to which State educational agencies are
ensuring that each homeless child and homeless youth has
access to a free appropriate public education, as described
in section 721(1). The Secretary shall provide support and
technical assistance to State educational agencies in areas
in which barriers to a free appropriate public education
persist.
``(g) Publication.--The Secretary shall develop, issue, and
publish in the Federal Register, not later than 90 days after
the date of enactment of the Student Success Act, a summary
of the changes enacted by that Act and related strategies,
which summary shall include--
``(1) strategies by which a State can assist local
educational agencies to implement the provisions amended by
the Act;
``(2) strategies by which a State can review and revise
State policies and procedures that may present barriers to
the identification, enrollment, attendance, and success of
homeless children and youth in school; and
``(3) strategies by which entities carrying out preschool
programs can implement requirements of section 722(g)(3).
``(h) Information.--
``(1) In general.--From funds appropriated under section
727, the Secretary shall, directly or through grants,
contracts, or cooperative agreements, periodically, but not
less frequently than every two years, collect and disseminate
publicly data and information regarding--
``(A) the number and location of homeless children and
youth;
``(B) the education and related support services such
children and youth receive;
``(C) the extent to which the needs of homeless children
and youth are being met;
``(D) the academic progress being made by homeless children
and youth, including the percent or number of homeless
children and youth participating in State assessments; and
``(E) such other data and information as the Secretary
determines to be necessary and relevant to carry out this
subtitle.
``(2) Coordination.--The Secretary shall coordinate such
collection and dissemination with other agencies and entities
that receive assistance and administer programs under this
subtitle.
``(i) Report.--Not later than 4 years after the date of
enactment of the Student Success Act, the Secretary shall
prepare and submit to the President and the Committee on
Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions
of the Senate a report on the status of education of homeless
children and youths, which shall include information on--
``(1) the education of homeless children and youth; and
``(2) the actions of the Secretary and the effectiveness of
the programs supported under this subtitle.
``SEC. 725. RULE OF CONSTRUCTION.
``Nothing in this subtitle shall be construed to diminish
the rights of parents or guardians of homeless children or
youth, or unaccompanied youth, otherwise provided under State
law, policy, or practice, including laws or policies that
authorize the best interest determination in section
722(g)(3) to be made solely by the parent, guardian, or youth
involved.
[[Page H1473]]
``SEC. 726. DEFINITIONS.
``In this subtitle:
``(1) Enroll; enrollment.--The terms `enroll' and
`enrollment' include attending classes and participating
fully in school activities.
``(2) Homeless children and youth.--The term `homeless
children and youth'--
``(A) means individuals who lack a fixed, regular, and
adequate nighttime residence (within the meaning of section
103(a)(1));
``(B) includes--
``(i) children and youth who--
``(I) are sharing the housing of other persons due to loss
of housing, economic hardship, or a similar reason;
``(II) are living in motels, hotels, trailer parks, or
camping grounds due to the lack of alternative adequate
accommodations;
``(III) are living in emergency or transitional shelters;
``(IV) subject to subparagraph (C), are awaiting foster
care placement; and
``(V) are abandoned in hospitals;
``(ii) children and youth who have a primary nighttime
residence that is a public or private place not designed for
or ordinarily used as a regular sleeping accommodation for
human beings (within the meaning of section 103(a)(2)(C));
``(iii) children and youth who are living in cars, parks,
public spaces, abandoned buildings, substandard housing, bus
or train stations, or similar settings; and
``(iv) migratory children (as such term is defined in
section 1312 of the Elementary and Secondary Education Act of
1965) who qualify as homeless for the purposes of this
subtitle because the children are living in circumstances
described in clauses (i) through (iii); and
``(C) 1 year after the date of enactment of the Student
Success Act, shall not include the children and youth
described in subparagraph (B)(i)(IV).
``(3) Local educational agency; state educational agency.--
The terms `local educational agency' and `State educational
agency' have the meanings given such terms in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
``(4) Secretary.--The term `Secretary' means the Secretary
of Education.
``(5) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
``(6) Unaccompanied youth.--The term `unaccompanied youth'
means a homeless child or youth not in the physical custody
of a parent or legal guardian.
``SEC. 727. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For the purpose of carrying out this
subtitle, other than section 725, there are authorized to be
appropriated to the Secretary $100,000,000 for fiscal year
2016 and such sums as may be necessary for each of fiscal
years 2017 through 2022.
``(b) Emergency Disaster Grants.--In addition to sums
authorized under subsection (a), there are authorized to be
appropriated to the Secretary to carry out subsection (h)
such additional sums as may be necessary.''.
TITLE XI--PREKINDERGARTEN ACCESS
Subtitle A--Access to Voluntary Prekindergarten for Low- and Moderate-
Income Families
SEC. 1111. PURPOSES.
The purposes of this subtitle are to--
(1) establish a Federal-State partnership to provide access
to high-quality public prekindergarten programs for all
children from low-income and moderate-income families to
ensure that they enter kindergarten prepared for success;
(2) broaden participation in such programs to include
children from additional middle-class families; and
(3) promote access to high-quality kindergarten, and high-
quality early childhood education programs and settings for
children.
SEC. 1112. DEFINITIONS.
In this subtitle:
(1) Child with a disability.--The term ``child with a
disability'' has the meaning given the term in section 602 of
the Individuals with Disabilities Education Act (20 U.S.C.
1401).
(2) Comprehensive early learning assessment system.--The
term ``comprehensive early learning assessment system''--
(A) means a coordinated and comprehensive system of
multiple assessments, each of which is valid and reliable for
its specified purpose and for the population with which it
will be used, that--
(i) organizes information about the process and context of
young children's learning and development to help early
childhood educators make informed instructional and
programmatic decisions; and
(ii) conforms to the recommendations of the National
Research Council reports on early childhood; and
(B) includes, at a minimum--
(i) child screening measures to identify children who may
need follow-up services to address developmental, learning,
or health needs in, at a minimum, areas of physical health,
behavioral health, oral health, child development, vision,
and hearing;
(ii) child formative assessments;
(iii) measures of environmental quality; and
(iv) measures of the quality of adult-child interactions.
(3) Dual language learner.--The term ``dual language
learner'' means an individual who is limited English
proficient.
(4) Early childhood education program.--The term ``early
childhood education program'' has the meaning given the term
under section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
(5) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(6) Eligibility determination date.--The term ``eligibility
determination date'' means the date used to determine
eligibility for public elementary school in the community in
which the eligible local entity involved is located.
(7) Eligible local entity.--The term ``eligible local
entity'' means--
(A) a local educational agency, including a charter school
or a charter management organization that acts as a local
educational agency, or an educational service agency in
partnership with a local educational agency--
(i) that has met the requirement described in section
1112(9)(B); or
(ii) whose teachers are in progress of meeting such
requirement within two years;
(B) an entity (including a Head Start program or licensed
child care setting) that carries out, administers, or
supports an early childhood education program and--
(i) that has met the requirement described in section
1112(9)(B); or
(ii) whose teachers are in progress of meeting such
requirement within two years; or
(C) a consortium of entities described in subparagraph (A)
or (B).
(8) Full-day.--The term ``full-day'' means a day that is--
(A) equivalent to a full school day at the public
elementary schools in a State; and
(B) not less than 5 hours a day.
(9) High-quality prekindergarten program.--The term ``high-
quality prekindergarten program'' means a prekindergarten
program supported by an eligible local entity that includes,
at a minimum, the following elements based on nationally
recognized standards:
(A) Serves children who--
(i) are age 4 or children who are age 3 or 4, by the
eligibility determination date (including children who turn
age 5 while attending the program); or
(ii) have attained the legal age for State-funded
prekindergarten.
(B) Requires high qualifications for staff, including that
teachers meet the requirements of 1 of the following clauses:
(i) The teacher has a bachelor's degree in early childhood
education or a related field with coursework that
demonstrates competence in early childhood education.
(ii) The teacher--
(I) has a bachelor's degree in any field;
(II) has demonstrated knowledge of early childhood
education by passing a State-approved assessment in early
childhood education;
(III) while employed as a teacher in the prekindergarten
program, is engaged in on-going professional development in
early childhood education for not less than 2 years; and
(IV) not more than 3 years after starting employment as a
teacher in the prekindergarten program, enrolls in and
completes a State-approved educator preparation program in
which the teacher receives training and support in early
childhood education.
(iii) The teacher has bachelor's degree with a credential,
license, or endorsement that demonstrates competence in early
childhood education.
(C) Maintains an evidence-based maximum class size.
(D) Maintains an evidence-based child to instructional
staff ratio.
(E) Offers a full-day program.
(F) Provides developmentally appropriate learning
environments and evidence-based curricula that are aligned
with the State's early learning and development standards
described in section 1115(1).
(G) Offers instructional staff salaries comparable to
kindergarten through grade 12 teaching staff.
(H) Provides for ongoing monitoring and program evaluation
to ensure continuous improvement.
(I) Offers accessible comprehensive services for children
that include, at a minimum--
(i) screenings for vision, dental, hearing, health
(including mental health), and development (including early
literacy and math skill development) and referrals, and
assistance obtaining services, when appropriate;
(ii) family engagement opportunities that take into account
home language, such as parent conferences (including parent
input about their child's development) and support services,
such as parent education, home visiting, and family literacy
services;
(iii) nutrition services, including nutritious meals and
snack options aligned with requirements set by the most
recent Child and Adult Care Food Program guidelines
promulgated by the Department of Agriculture as well as
regular, age-appropriate, nutrition education for children
and their families;
(iv) programs coordinated with local educational agencies
and entities providing programs authorized under section 619
and part C of the Individuals with Disabilities Education Act
(20 U.S.C. 1419 and 1431 et seq.);
(v) physical activity programs aligned with evidence-based
guidelines, such as those recommended by the Institute of
Medicine, and which take into account and accommodate
children with disabilities;
[[Page H1474]]
(vi) additional support services, as appropriate, based on
the findings of the needs analysis as described in section
1120; and
(vii) on-site coordination, to the maximum extent feasible.
(J) Provides high-quality professional development for all
staff, including regular in-classroom observation for
teachers and teacher assistants by individuals trained in
such observation and which may include evidence-based
coaching.
(K) Meets the education performance standards in effect
under section 641A(a)(1)(B) of the Head Start Act (42 U.S.C.
9836a(a)(1)(B)).
(L) Maintains evidence-based health and safety standards.
(M) Maintains disciplinary policies that do not include
expulsion or an extended suspension of participating
children, and that include providing appropriate early
educational services for participating children who are
suspended for a short period of time.
(10) Governor.--The term ``Governor'' means the chief
executive officer of a State.
(11) Homeless child.--The term ``homeless child'' means a
child or youth described in section 725(2) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a(2).
(12) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(13) Indian tribe; tribal organization.--The terms ``Indian
tribe'' and ``tribal organization'' have the meanings given
the terms in 658P of the Child Care and Development Block
Grant of 1990 (42 U.S.C. 9858n).
(14) Limited english proficient.--The term ``limited
English proficient'' has the meaning given the term in
section 637 of the Head Start Act (42 U.S.C. 9832).
(15) Local educational agency; state educational agency;
educational service agency.--The terms ``local educational
agency'', ``State educational agency'', and ``educational
service agency'' have the meanings given the terms in section
9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
(16) Migrant or seasonal agricultural labor.--The term
``migrant or seasonal agricultural labor'' refers to an
individual who is engaged in agricultural labor, including
those who have changed their residence from one grographic
location to another in the proceeding 36 months.
(17) Migratory child.--The term ``migratory child'' has the
meaning given the term in section 1309 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6399).
(18) Outlying area.--The term ``outlying area'' means each
of the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and the
Republic of Palau.
(19) Poverty line.--The term ``poverty line'' means the
official poverty line (as defined by the Office of Management
and Budget)--
(A) adjusted to reflect the percentage change in the
Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor for the
most recent 12-month period or other interval for which the
data are available; and
(B) applicable to a family of the size involved.
(20) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(21) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(22) State.--Except as otherwise provided in this subtitle,
the term ``State'' means each of the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico, and each of the
outlying areas.
(23) State advisory council on early childhood education
and care.--The term ``State Advisory Council on Early
Childhood Education and Care'' means the State Advisory
Council on Early Childhood Education and Care established
under section 642B(b) of the Head Start Act (42 U.S.C.
9837b(b)).
SEC. 1113. PROGRAM AUTHORIZATION.
From amounts made available to carry out this subtitle, the
Secretary, in consultation with the Secretary of Health and
Human Services, shall award grants to States to implement
high-quality prekindergarten programs, consistent with the
purposes of this subtitle described in section 1111. For each
fiscal year, the funds provided under a grant by a State
shall equal the allotment determined for the State under
section 1114.
SEC. 1114. ALLOTMENTS AND RESERVATIONS OF FUNDS.
(a) Reservation.--From the amount made available each
fiscal year to carry out this subtitle, the Secretary shall--
(1) reserve not less than 1 percent and not more than 2
percent for payments to Indian tribes and tribal
organizations;
(2) reserve \1/2\ of 1 percent for the outlying areas to be
distributed among the outlying areas on the basis of their
relative need, as determined by the Secretary in accordance
with the purposes of this subtitle;
(3) reserve \1/2\ of 1 percent for eligible local entities
that serve children in families who are engaged in migrant or
seasonal agricultural labor; and
(4) reserve not more than 1 percent or $30,000,000,
whichever amount is less, for national activities, including
administration, technical assistance, and evaluation.
(b) Allotments.--
(1) In general.--From the amount made available each fiscal
year to carry out this subtitle and not reserved under
subsection (a), the Secretary shall make allotments to States
in accordance with paragraph (2) that have submitted an
approved application.
(2) Allotment amount.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall allot the amount made available under paragraph (1) for
a fiscal year among the States in proportion to the number of
children who are age 4 who reside within the State and are
from families with incomes at or below 200 percent of the
poverty line for the most recent year for which satisfactory
data are available, compared to the number of such children
who reside in all such States for that fiscal year.
(B) Minimum allotment amount.--No State receiving an
allotment under subparagraph (A) may receive less than \1/2\
of 1 percent of the total amount allotted under such
subparagraph.
(3) Reallotment and carry over.--
(A) In general.--If one or more States do not receive an
allotment under this subsection for any fiscal year, the
Secretary may use the amount of the allotment for that State
or States, in such amounts as the Secretary determines
appropriate, for either or both of the following:
(i) To increase the allotments of States with approved
applications for the fiscal year, consistent with
subparagraph (B).
(ii) To carry over the funds to the next fiscal year.
(B) Reallotment.--In increasing allotments under
subparagraph (A)(i), the Secretary shall allot to each State
with an approved application an amount that bears the same
relationship to the total amount to be allotted under
subparagraph (A)(i), as the amount the State received under
paragraph (2) for that fiscal year bears to the amount that
all States received under paragraph (2) for that fiscal year.
(4) State.--For purposes of this subsection, the term
``State'' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
(c) Flexibility.--The Secretary may make minimal
adjustments to allotments under this subsection, which shall
neither lead to a significant increase or decrease in a
State's allotment determined under subsection (b), based on a
set of factors, such as the level of program participation
and the estimated cost of the activities specified in the
State plan under section 1116(a)(2).
SEC. 1115. STATE ELIGIBILITY CRITERIA.
A State is eligible to receive a grant under this subtitle
if the State demonstrates to the Secretary that the State--
(1) has established or will establish early learning and
development standards that describe what children from birth
to kindergarten entry should know and be able to do, are
universally designed and developmentally, culturally, and
linguistically appropriate, are aligned with the State's
challenging academic content standards and challenging
student academic achievement standards, as adopted under
section 1111(b)(1) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)(1)), and cover all of the
essential domains of school readiness, which address--
(A) physical well-being and motor development;
(B) social and emotional development;
(C) approaches to learning, including music and the arts;
(D) developmentally appropriate oral and written language
and literacy development; and
(E) cognition and general knowledge, including early
mathematics and early scientific development;
(2) has the ability or will develop the ability to link
prekindergarten data with its elementary school and secondary
school data for the purpose of collecting longitudinal
information for all children participating in the State's
high-quality prekindergarten program and any other Federally-
funded early childhood program that will remain with the
child through the child's public education through grade 12;
(3) offers State-funded kindergarten for children who are
eligible children for that service in the State; and
(4) has established a State Advisory Council on Early
Childhood Education and Care.
SEC. 1116. STATE APPLICATIONS.
(a) In General.--To receive a grant under this subtitle,
the Governor of a State, in consultation with the Indian
tribes and tribal organizations in the State, if any, shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
reasonably require. At a minimum, each such application shall
include--
(1) an assurance that the State--
(A) will coordinate with and continue to participate in the
programs authorized under section 619 and part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1419
and 1431 et seq.), the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858 et seq.), and the maternal,
infant, and early childhood home visiting programs funded
under section 511 of the Social Security Act (42 U.S.C. 711)
for the duration of the grant;
(B) will designate a State-level entity (such as an agency
or joint interagency office), selected by the Governor, for
the administration of the grant, which shall coordinate and
consult with the State educational agency if the entity is
not the State educational agency; and
[[Page H1475]]
(C) will establish, or certify the existence of, program
standards for all State prekindergarten programs consistent
with the definition of a high-quality prekindergarten program
under section 1112;
(2) a description of the State's plan to--
(A) use funds received under this subtitle and the State's
matching funds to provide high-quality prekindergarten
programs, in accordance with section 1117(d), with open
enrollment for all children in the State who--
(i) are described in section 1112(9)(A); and
(ii) are from families with incomes at or below 200 percent
of the poverty line;
(B) develop or enhance a system for monitoring eligible
local entities that are receiving funds under this subtitle
for compliance with quality standards developed by the State
and to provide program improvement support, which may be
accomplished through the use of a State-developed system for
quality rating and improvement;
(C) if applicable, expand participation in the State's
high-quality prekindergarten programs to children from
families with incomes above 200 percent of the poverty line;
(D) carry out the State's comprehensive early learning
assessment system, or how the State plans to develop such a
system, ensuring that any assessments are culturally,
developmentally, and age-appropriate and consistent with the
recommendations from the study on Developmental Outcomes and
Assessments for Young Children by the National Academy of
Sciences, consistent with section 649(j) of the Head Start
Act (42 U.S.C. 9844);
(E) develop, implement, and make publicly available the
performance measures and targets described in section 1119;
(F) increase the number of teachers with bachelor's degrees
in early childhood education, or with bachelor's degrees in
another closely related field and specialized training and
demonstrated competency in early childhood education,
including how institutions of higher education will support
increasing the number of teachers with such degrees and
training, including through the use of assessments of prior
learning, knowledge, and skills to facilitate and expedite
attainment of such degrees;
(G) coordinate and integrate the activities funded under
this subtitle with Federal, State, and local services and
programs that support early childhood education and care,
including programs supported under this subtitle, the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.), the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.), the Head Start Act (42 U.S.C.
9831 et seq.), the Community Services Block Grant Act (42
U.S.C. 9901 et seq.), the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et seq.), the temporary
assistance for needy families program under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.), the
State incentive grant program under section 14006 of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5), Federally funded early literacy programs, the
maternal, infant, and early childhood home visiting programs
funded under section 511 of the Social Security Act (42
U.S.C. 711), health improvements to child care funded under
title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.), the program under subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act (42 U.S.S. 11431 et
seq.), the Investing In Innovation program under section
14007 of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5), programs authorized under part E of title
IV of the Social Security Act (42 U.S.C. 670 et seq.), the
Fostering Connections to Success and Increasing Adoptions Act
of 2008 (Public Law 110-351), and any other Federal, State,
or local early childhood education programs used in the
State;
(H) award subgrants to eligible local entities, and in
awarding such subgrants, facilitate a delivery system of
high-quality prekindergarten programs that includes diverse
providers, such as providers in community-based, public
school, and private settings, and consider the system's
impact on options for families;
(I) in the case of a State that does not have a funding
mechanism for subgranting funds to implement high-quality
prekindergarten, use objective criteria in awarding subgrants
to eligible local entities that will implement high-quality
prekindergarten programs, including actions the State will
take to ensure that eligible local entities will coordinate
with local educational agencies or other early learning
providers, as appropriate, to carry out activities to provide
children served under this subtitle with a successful
transition from preschool into kindergarten, which activities
shall include--
(i) aligning curricular objectives and instruction;
(ii) providing staff professional development, including
opportunities for joint-professional development on early
learning and kindergarten through grade 3 standards,
assessments, and curricula;
(iii) coordinating family engagement and support services;
and
(iv) encouraging the shared use of facilities and
transportation, as appropriate;
(J) use the State early learning and development standards
described in section 1115(1) to address the needs of dual
language learners, including by incorporating benchmarks
related to English language development;
(K) identify barriers, and propose solutions to overcome
such barriers, which may include seeking assistance under
section 1126, in the State to effectively use and integrate
Federal, State, and local public funds and private funds for
early childhood education that are available to the State on
the date on which the application is submitted;
(L) support articulation agreements (as defined in section
486A of the Higher Education Act of 1965 (20 U.S.C. 1093a))
between public 2-year and public 4-year institutions of
higher education and other credit-bearing professional
development in the State for early childhood teacher
preparation programs and closely related fields;
(M) ensure that the higher education programs in the State
have the capacity to prepare a workforce to provide high-
quality prekindergarten programs;
(N) support workforce development, including State and
local policies that support prekindergarten instructional
staff's ability to earn a degree, certification, or other
specializations or qualifications, including policies on
leave, substitutes, and child care services, including non-
traditional hour child care;
(O) hold eligible local entities accountable for use of
funds;
(P) ensure that the State's early learning and development
standards are integrated into the instructional and
programmatic practices of high-quality prekindergarten
programs and related programs and services, such as those
provided to children under section 619 and part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1419
and 1431 et seq);
(Q) increase the number of children in the State who are
enrolled in high-quality kindergarten programs and carry out
a strategy to implement such a plan;
(R) coordinate the State's activities supported by grants
under this subtitle with activities in State plans required
under the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.), the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), the Head Start Act
(42 U.S.C. 9831 et seq.), the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the
Adult Education and Family Literacy Act (20 U.S.C. 9201 et
seq.);
(S) encourage eligible local entities to coordinate with
community-based learning resources, such as libraries, arts
and arts education programs, appropriate media programs,
family literacy programs, public parks and recreation
programs, museums, nutrition education programs, and programs
supported by the Corporation for National and Community
Service;
(T) work with eligible local entities, in consultation with
elementary school principals, to ensure that high-quality
prekindergarten programs have sufficient and appropriate
facilities to meet the needs of children eligible for
prekindergarten;
(U) support local early childhood coordinating entities,
such as local early childhood councils, if applicable, and
help such entities to coordinate early childhood education
programs with high-quality prekindergarten programs to ensure
effective and efficient delivery of early childhood education
program services;
(V) support shared services administering entities, if
applicable;
(W) ensure that the provision of high-quality
prekindergarten programs will not lead to a diminution in the
quality or supply of services for infants and toddlers or
disrupt the care of infants and toddlers in the geographic
area served by the eligible local entity, which may include
demonstrating that the State will direct funds to provide
high-quality early childhood education and care to infants
and toddlers in accordance with section 1117(d); and
(X) ensure that all high-quality prekindergarten programs
the State supports under this Act will conduct criminal
history background checks that meet the requirements of
section 9537 on employees and applicants for employment with
unsupervised access to children; and
(3) an inventory of the State's higher education programs
that prepare individuals for work in a high-quality
prekindergarten program, including--
(A) certification programs;
(B) associate degree programs;
(C) baccalaureate degree programs
(D) masters degree programs; and
(E) other programs that lead to a specialization in early
childhood education, or a related field.
(b) Development of Application.--In developing an
application for a grant under this subtitle, a State shall
consult with the State Advisory Council on Early Childhood
Education and Care and incorporate such Council's
recommendations, where applicable.
(c) Construction.--Nothing in this section shall be
construed to alter or otherwise affect the rights, remedies,
and procedures afforded school employees, local educational
agency employees, and the employees of early childhood
education programs under Federal, State, or local laws
(including applicable regulations or court orders) or under
the terms of collective bargaining agreements, memoranda of
understanding, or other agreements between such employees and
their employers.
SEC. 1117. STATE USE OF FUNDS.
(a) Reservation for Quality Improvement Activities.--
(1) In general.--A State that receives a grant under this
subtitle may reserve for, not more than the first 4 years
such State receives such a grant, not more than 20 percent
[[Page H1476]]
of the grant funds for quality improvement activities that
support the elements of high-quality prekindergarten
programs. Such quality improvement activities may include
supporting teachers, center directors, and principals in a
State's high-quality prekindergarten program, licensed or
regulated child care, or Head Start programs to enable such
teachers or directors to earn a baccalaureate degree in early
childhood education, or closely-related field, through
activities which may include--
(A) expanding or establishing scholarships, counseling, and
compensation initiatives to cover the cost of tuition, fees,
materials, transportation, and release time for such
teachers;
(B) providing ongoing professional development
opportunities, including regular in-classroom observation by
individuals trained in such observation, for such teachers,
directors, principals, and teachers assistants to enable such
teachers, directors, principals, and teachers assistants to
carry out the elements of high-quality prekindergarten
programs, which may include activities that address--
(i) promoting children's development across all of the
essential domains of early learning and development;
(ii) developmentally appropriate curricula and teacher-
child interaction;
(iii) effective family engagement;
(iv) providing culturally competent instruction;
(v) working with a diversity of children and families,
including children with special needs and dual language
learners;
(vi) childhood nutrition and physical education programs;
(vii) supporting the implementation of evidence-based
curricula;
(viii) social and emotional development; and
(ix) incorporating age-appropriate strategies of positive
behavioral interventions and supports; and
(C) providing families with increased opportunities to
learn how best to support their children's physical,
cognitive, social, and emotional development during the first
five years of life.
(2) Not subject to matching.--The amount reserved under
paragraph (1) shall not be subject to the matching
requirements under section 1120.
(3) Coordination.--A State that reserves an amount under
paragraph (1) shall coordinate the use of such amount with
activities funded under section 658G of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858e) and the
Head Start Act (42 U.S.C. 9831 et seq.).
(4) Construction.--A State may not use funds reserved under
this subsection to meet the requirement described in section
1112(9)(G).
(b) Subgrants for High-Quality Prekindergarten Programs.--A
State that receives a grant under this subtitle shall award
subgrants of sufficient size to eligible local entities to
enable such eligible local entities to implement high-quality
prekindergarten programs for children who--
(1) are described in section 1112(9)(A);
(2) reside within the State; and
(3) are from families with incomes at or below 200 percent
of the poverty line.
(c) Administration.--A State that receives a grant under
this subtitle may reserve not more than 1 percent of the
grant funds for administration of the grant, and may use part
of that reservation for the maintenance of the State Advisory
Council on Early Childhood Education and Care.
(d) Early Childhood Education and Care Programs for Infants
and Toddlers.--
(1) Use of allotment for infants and toddlers.--An eligible
State may apply to use, and the appropriate Secretary may
grant permission for the State to use, not more than 15
percent of the funds made available through a grant received
under this subtitle to award subgrants to early childhood
education programs to provide, consistent with the State's
early learning and development guidelines for infants and
toddlers, high-quality early childhood education and care to
infants and toddlers who reside within the State and are from
families with incomes at or below 200 percent of the poverty
line.
(2) Application.--To be eligible to use the grant funds as
described in paragraph (1), the State shall submit an
application to the appropriate Secretary at such time, in
such manner, and containing such information as the Secretary
may require. Such application shall, at a minimum, include a
description of how the State will--
(A) designate a lead agency which shall administer such
funds;
(B) ensure that such lead agency, in coordination with the
State's Advisory Council on Early Childhood Education and
Care, will collaborate with other agencies in administering
programs supported under this subsection for infants and
toddlers in order to obtain input about the appropriate use
of such funds and ensure coordination with programs for
infants and toddlers funded under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.),
the Head Start Act (42 U.S.C. 9831 et seq.) (including any
Early Learning Quality Partnerships established in the State
under section 645B of the Head Start Act, as added by section
202), the Race to the Top and Early Learning Challenge
program under section 14006 of Public Law 111-5 (123 Stat.
283), the maternal, infant, and early childhood home visiting
programs funded under section 511 of the Social Security Act
(42 U.S.C. 711), and part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et seq.);
(C) ensure that infants and toddlers who benefit from
amounts made available under this subsection will transition
to and have the opportunity to participate in a high-quality
prekindergarten program supported under this subtitle;
(D) in awarding subgrants, give preference to early
childhood education programs that have a plan to increase
services to children with special needs, including children
with developmental delays or disabilities, children who are
dual language learners, homeless children, children who are
in foster care, children of migrant families, children
eligible for free or reduced-price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
or children in the child welfare system; and
(E) give priority to activities carried out under this
subsection that will increase access to high-quality early
childhood education programs for infants and toddlers in
local areas with significant concentrations of low-income
families that do not currently benefit from such programs.
(3) Eligible providers.--A State may use the grant funds as
described in paragraph (1) to serve infants and toddlers only
by working with early childhood education program providers
that--
(A) offer full-day, full-year care, or otherwise meet the
needs of working families; and
(B) meet high-quality standards, such as--
(i) Early Head Start program performance standards under
the Head Start Act (42 U.S.C. 9831 et seq.); or
(ii) high quality, demonstrated, valid, and reliable
program standards that have been established through a
national entity that accredits early childhood education
programs.
(4) Federal administration.--
(A) In general.--The Secretary of Education shall bear
responsibility for obligating and disbursing funds to support
activities under this subsection and ensuring compliance with
applicable laws and administrative requirements, subject to
paragraph (3).
(B) Interagency agreement.--The Secretary of Education and
the Secretary of Health and Human Services shall jointly
administer activities supported under this subsection on such
terms as such Secretaries shall set forth in an interagency
agreement. The Secretary of Health and Human Services shall
be responsible for any final approval of a State's
application under this subsection that addresses the use of
funds designated for services to infants and toddlers.
(C) Appropriate secretary.--In this subsection, the term
``appropriate Secretary'' used with respect to a function,
means the Secretary designated for that function under the
interagency agreement.
SEC. 1118. ADDITIONAL PREKINDERGARTEN SERVICES.
(a) Prekindergarten for 3-year Olds.--Each State that
certifies to the Secretary that the State provides
universally available, voluntary, high-quality
prekindergarten programs for 4-year old children who reside
within the State and are from families with incomes at or
below 200 percent of the poverty line may use the State's
allocation under section 1114(b) to provide high-quality
prekindergarten programs for 3-year old children who reside
within the State and are from families with incomes at or
below 200 percent of the poverty line.
(b) Subgrants.--In each State that has a city, county, or
local educational agency that provides universally available
high-quality prekindergarten programs for 4-year old children
who reside within the State and are from families with
incomes at or below 200 percent of the poverty line the State
may use amounts from the State's allocation under section
1114(b) to award subgrants to eligible local entities to
enable such eligible local entities to provide high-quality
prekindergarten programs for 3-year old children who are from
families with incomes at or below 200 percent of the poverty
line and who reside in such city, county or local educational
agency.
SEC. 1119. PERFORMANCE MEASURES AND TARGETS.
(a) In General.--A State that receives a grant under this
subtitle shall develop, implement, and make publicly
available the performance measures and targets for the
activities carried out with grant funds. Such measures shall,
at a minimum, track the State's progress in--
(1) increasing school readiness across all domains for all
categories of children, as described in section 1123(b)(7),
including children with disabilities and dual language
learners;
(2) narrowing school readiness gaps between minority and
nonminority children, and low-income children and more
advantaged children, in preparation for kindergarten entry;
(3) decreasing placement for children in elementary school
in special education programs and services as described in
part B of the Individuals with Disabilities Education Act (20
U.S.C. 1411 et seq.);
(4) increasing the number of programs meeting the criteria
for high-quality prekindergarten programs across all types of
local eligible entities, as defined by the State and in
accordance with section 1112;
(5) decreasing the need for grade-to-grade retention in
elementary school;
[[Page H1477]]
(6) if applicable, ensuring that high-quality
prekindergarten programs do not experience instances of
chronic absence among the children who participate in such
programs;
(7) increasing the number and percentage of low-income
children in high-quality early childhood education programs
that receive financial support through funds provided under
this subtitle; and
(8) providing high-quality nutrition services, nutrition
education, physical activity, and obesity prevention
programs.
(b) Prohibition of Misdiagnosis Practices.--A State shall
not, in order to meet the performance measures and targets
described in subsection (a), engage in practices or policies
that will lead to the misdiagnosis or under-diagnosis of
disabilities or developmental delays among children who are
served through programs supported under this subtitle.
SEC. 1120. MATCHING REQUIREMENTS.
(a) Matching Funds.--
(1) In general.--Except as provided in paragraph (2), a
State that receives a grant under this subtitle shall provide
matching funds from non-Federal sources, as described in
subsection (c), in an amount equal to--
(A) 10 percent of the Federal funds provided under the
grant in the first year of grant administration;
(B) 10 percent of the Federal funds provided under the
grant in the second year of grant administration;
(C) 20 percent of the Federal funds provided under the
grant in the third year of grant administration;
(D) 30 percent of the Federal funds provided under the
grant in the fourth year of grant administration;
(E) 40 percent of the Federal funds provided under the
grant in the fifth year of grant administration;
(F) 50 percent of the Federal funds provided under the
grant in the sixth year of grant administration;
(G) 75 percent of the Federal funds provided under the
grant in the seventh year of grant administration; and
(H) 100 percent of the Federal funds provided under the
grant in the eighth and following years of grant
administration.
(2) Reduced match rate.--A State that meets the
requirements under subsection (b) may provide matching funds
from non-Federal sources at a reduced rate. The full reduced
matching funds rate shall be in an amount equal to--
(A) 5 percent of the Federal funds provided under the grant
in the first year of grant administration;
(B) 5 percent of the Federal funds provided under the grant
in the second year of grant administration;
(C) 10 percent of the Federal funds provided under the
grant in the third year of grant administration;
(D) 20 percent of the Federal funds provided under the
grant in the fourth year of grant administration;
(E) 30 percent of the Federal funds provided under the
grant in the fifth year of grant administration;
(F) 40 percent of the Federal funds provided under the
grant in the sixth year of grant administration;
(G) 50 percent of the Federal funds provided under the
grant in the seventh year of grant administration;
(H) 75 percent of the Federal funds provided under the
grant in the eighth year of grant administration; and
(I) 100 percent of the Federal funds provided under the
grant in the ninth and following years of the grant
administration.
(b) Reduced Match Rate Eligibility.--A State that receives
a grant under this subtitle may provide matching funds from
non-Federal sources at the full reduced rate under subsection
(a)(2) if the State--
(1)(A) offers enrollment in high-quality prekindergarten
programs to not less than half of children in the State who
are--
(i) age 4 on the eligibility determination date; and
(ii) from families with incomes at or below 200 percent of
the poverty line; and
(B) has a plan for continuing to expand access to high-
quality prekindergarten programs for such children in the
State; and
(2) has a plan to expand access to high-quality
prekindergarten programs to children from moderate income
families whose income exceeds 200 percent of the poverty
line.
(c) Non-Federal Resources.--
(1) In cash.--A State shall provide the matching funds
under this section in cash with non-Federal resources which
may include State funding, local funding, or contributions
from philanthropy or other private sources, or a combination
thereof.
(2) Funds to be considered as matching funds.--A State may
include, as part of the State's matching funds under this
section, not more than 10 percent of the amount of State
funds designated for State prekindergarten programs or to
supplement Head Start programs under the Head Start Act (42
U.S.C. 9831 et seq.) as of the date of enactment of this Act,
but may not include any funds that are attributed as matching
funds, as part of a non-Federal share, or as a maintenance of
effort requirement, for any other Federal program.
(d) Maintenance of Effort.--
(1) In general.--If a State reduces its combined fiscal
effort per student or the aggregate expenditures within the
State to support early childhood education programs for any
fiscal year that a State receives a grant authorized under
this subtitle relative to the previous fiscal year, the
Secretary shall reduce support for such State under this
subtitle by the same amount as the decline in State and local
effort for such fiscal year.
(2) Waiver.--The Secretary may waive the requirements of
paragraph (1) if--
(A) the Secretary determines that a waiver would be
appropriate due to a precipitous decline in the financial
resources of a State as a result of unforeseen economic
hardship or a natural disaster that has necessitated across-
the-board reductions in State services, including early
childhood education programs; or
(B) due to the circumstances of a State requiring
reductions in specific programs, including early childhood
education, if the State presents to the Secretary a
justification and demonstration why other programs could not
be reduced and how early childhood programs in the State will
not be disproportionately harmed by such State action.
(e) Supplement Not Supplant.--Grant funds received under
this title shall be used to supplement and not supplant other
Federal, State, and local public funds expended on public
prekindergarten programs in the State.
SEC. 1121. ELIGIBLE LOCAL ENTITY APPLICATIONS.
(a) In General.--An eligible local entity desiring to
receive a subgrant under section 1117(b) shall submit an
application to the State, at such time, in such manner, and
containing such information as the State may reasonably
require.
(b) Contents.--Each application submitted under subsection
(a) shall include the following:
(1) Parent and family engagement.--A description of how the
eligible local entity plans to engage the parents and
families of the children such entity serves and ensure that
parents and families of eligible children, as described in
clauses (i) and (ii) of section 1116(a)(2)(A), are aware of
the services provided by the eligible local entity, which
shall include a plan to--
(A) carry out meaningful parent and family engagement,
through the implementation and replication of evidence-based
or promising practices and strategies, which shall be
coordinated with parent and family engagement strategies
supported under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.) and part A of title I and title
V of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq. and 7201 et seq.), if applicable, to--
(i) provide parents and family members with the skills and
opportunities necessary to become engaged and effective
partners in their children's education, particularly the
families of dual language learners and children with
disabilities, which may include access to literacy services;
(ii) improve child development; and
(iii) strengthen relationships among prekindergarten staff
and parents and family members; and
(B) participate in community outreach to encourage families
with eligible children to participate in the eligible local
entity's high-quality prekindergarten program, including--
(i) homeless children;
(ii) dual language learners;
(iii) children in foster care;
(iv) children with disabilities; and
(v) migrant children.
(2) Coordination & alignment.--A description of how the
eligible local entity will--
(A) coordinate, if applicable, the eligible local entity's
activities with--
(i) Head Start agencies (consistent with section 642(e)(5)
of the Head Start Act (42 U.S.C. 9837(e)(5)), if the local
entity is not a Head Start agency;
(ii) local educational agencies, if the eligible local
entity is not a local educational agency;
(iii) providers of services under part C of the Individuals
with Disabilities Education Act (20 U.S.C. 1431 et seq.);
(iv) programs carried out under section 619 of the
Individuals with Disabilities Education Act (20 U.S.C. 1419);
and
(v) if feasible, other entities carrying out early
childhood education programs and services within the area
served by the local educational agency.
(B) develop a process to promote continuity of
developmentally appropriate instructional programs and shared
expectations with local elementary schools for children's
learning and development as children transition to
kindergarten;
(C) organize, if feasible, and participate in joint
training, when available, including transition-related
training for school staff and early childhood education
program staff;
(D) establish comprehensive transition policies and
procedures, with applicable elementary schools and
principals, for the children served by the eligible local
entity that support the school readiness of children
transitioning to kindergarten, including the transfer of
early childhood education program records, with parental
consent;
(E) conduct outreach to parents, families, and elementary
school teachers and principals to discuss the educational,
developmental, and other needs of children entering
kindergarten;
(F) help parents, including parents of children who are
dual language learners, understand and engage with the
instructional and other services provided by the kindergarten
[[Page H1478]]
in which such child will enroll after participation in a
high-quality prekindergarten program; and
(G) develop and implement a system to increase program
participation of underserved populations of eligible
children, especially homeless children, children eligible for
a free or reduced-price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), parents
of children who are dual language learners, and parents of
children with disabilities.
(3) Protections for special populations.--A description of
how the eligible local entity will meet the diverse needs of
children in the community to be served, including children
with disabilities, children whose native language is not
English, children with other special needs, children in the
State foster care system, and homeless children. Such
description shall demonstrate, at a minimum, how the entity
plans to--
(A) ensure the eligible local entity's high-quality
prekindergarten program is accessible and appropriate for
children with disabilities and dual language learners;
(B) establish effective procedures for providing necessary
early screening for learning issues and delays in early
literacy and math skill development and intervening services
based on these screenings to children with disabilities prior
to an eligibility determination by the State or local agency
responsible for providing services under section 619 or part
C of the Individuals with Disabilities Education Act (20
U.S.C. 1419 and 1431 et seq.);
(C) establish effective procedures for timely referral of
children with disabilities to the State or local agency
described in subparagraph (B);
(D) ensure that the eligible local entity's high-quality
prekindergarten program works with appropriate entities to
address the elimination of barriers to immediate and
continuous enrollment for homeless children; and
(E) ensure access to and continuity of enrollment in high-
quality prekindergarten programs for migratory children, if
applicable, and homeless children, including through policies
and procedures that require--
(i) outreach to identify migratory children and homeless
children;
(ii) immediate enrollment, including enrollment during the
period of time when documents typically required for
enrollment, including health and immunization records, proof
of eligibility, and other documents, are obtained;
(iii) continuous enrollment and participation in the same
high-quality prekindergarten program for a child, even if the
child moves out of the program's service area, if that
enrollment and participation are in the child's best
interest, including by providing transportation when
necessary;
(iv) professional development for high-quality
prekindergarten program staff regarding migratory children
and homelessness among families with young children; and
(v) in serving homeless children, collaboration with local
educational agency liaisons designated under section
722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11432(g)(1)(J)(ii)), and local homeless
service providers.
(4) Accessible comprehensive services.--A description of
how the eligible local entity plans to provide accessible
comprehensive services, described in section 1112(9)(I), to
the children the eligible local entity serves. Such
description shall provide information on how the entity
will--
(A) conduct a data-driven community assessment in
coordination with members of the community, including parents
and community organizations, or use a recently conducted
data-driven assessment, which--
(i) may involve an external partner with expertise in
conducting such needs analysis, to determine the most
appropriate social or other support services to offer through
the eligible local entity's on-site comprehensive services to
children who participate in high-quality prekindergarten
programs; and
(ii) shall consider the resources available at the school,
local educational agency, and community levels to address the
needs of the community and improve child outcomes; and
(B) have a coordinated system to facilitate the screening,
referral, and provision of services related to health,
nutrition, mental health, disability, and family support for
children served by the eligible local entity.
(5) Workforce.--A description of how the eligible local
entity plans to support the instructional staff of such
entity's high-quality prekindergarten program, which shall,
at a minimum, include a plan to provide high-quality
professional development, or facilitate the provision of
high-quality professional development through an external
partner with expertise and a demonstrated track record of
success, based on scientifically valid research, that will
improve the knowledge and skills of high-quality
prekindergarten teachers and staff through activities, which
may include--
(A) acquiring content knowledge and learning teaching
strategies needed to provide effective instruction that
addresses the State's early learning and development
standards described under section 1115(1), including
professional training to support the social and emotional
development of children;
(B) enabling high-quality prekindergarten teachers and
staff to pursue specialized training in early childhood
development;
(C) enabling high-quality prekindergarten teachers and
staff to acquire the knowledge and skills to provide
instruction and appropriate language and support services to
increase the English language skills of dual language
learners;
(D) enabling high-quality prekindergarten teachers and
staff to acquire the knowledge and skills to provide
developmentally appropriate instruction for children with
disabilities;
(E) promoting classroom management;
(F) providing high-quality induction and support for
incoming high-quality prekindergarten teachers and staff in
high-quality prekindergarten programs, including through the
use of mentoring programs and coaching that have a
demonstrated track record of success;
(G) promoting the acquisition of relevant credentials,
including in ways that support career advancement through
career ladders; and
(H) enabling high-quality prekindergarten teachers and
staff to acquire the knowledge and skills to provide
culturally competent instruction for children from diverse
backgrounds.
SEC. 1122. REQUIRED SUBGRANT ACTIVITIES.
(a) In General.--An eligible local entity that receives a
subgrant under section 1117(b) shall use subgrant funds to
implement the elements of a high-quality prekindergarten
program for the children described in section 1117(b).
(b) Coordination.--
(1) Local educational agency partnerships with local early
childhood education programs.--A local educational agency
that receives a subgrant under this subtitle shall provide an
assurance that the local educational agency will enter into
strong partnerships with local early childhood education
programs, including programs supported through the Head Start
Act (42 U.S.C. 9831 et seq.).
(2) Eligible local entities that are not local educational
agencies.--An eligible local entity that is not a local
educational agency that receives a subgrant under this
subtitle shall provide an assurance that such entity will
enter into strong partnerships with local educational
agencies.
SEC. 1123. REPORT AND EVALUATION.
(a) In General.--Each State that receives a grant under
this subtitle shall prepare an annual report, in such manner
and containing such information as the Secretary may
reasonably require.
(b) Contents.--A report prepared under subsection (a) shall
contain, at a minimum--
(1) a description of the manner in which the State has used
the funds made available through the grant and a report of
the expenditures made with the funds;
(2) a summary of the State's progress toward providing
access to high-quality prekindergarten programs for children
eligible for such services, as determined by the State, from
families with incomes at or below 200 percent of the poverty
line, including the percentage of funds spent on children
from families with incomes--
(A) at or below 100 percent of the poverty line;
(B) at or below between 101 and 150 percent of the poverty
line; and
(C) at or below between 151 and 200 percent of the poverty
line;
(3) an evaluation of the State's progress toward achieving
the State's performance targets, described in section 1119;
(4) data on the number of high-quality prekindergarten
program teachers and staff in the State (including teacher
turnover rates and teacher compensation levels compared to
teachers in elementary schools and secondary schools),
according to the setting in which such teachers and staff
work (which settings shall include, at a minimum, Head Start
programs, public prekindergarten, and child care programs)
who received training or education during the period of the
grant and remained in the early childhood education program
field;
(5) data on the kindergarten readiness of children in the
State;
(6) a description of the State's progress in effectively
using Federal, State, and local public funds and private
funds, for early childhood education;
(7) the number and percentage of children in the State
participating in high-quality prekindergarten programs,
disaggregated by race, ethnicity, family income, child age,
disability, whether the children are homeless children, and
whether the children are dual language learners;
(8) data on the availability, affordability, and quality of
infant and toddler care in the State;
(9) the number of operational minutes per week and per year
for each eligible local entity that receives a subgrant;
(10) the local educational agency and zip code in which
each eligible local entity that receives a subgrant operates;
(11) information, for each of the local educational
agencies described in paragraph (10), on the percentage of
the costs of the public early childhood education programs
that is funded from Federal, from State, and from local
sources, including the percentages from specific funding
programs;
(12) data on the number and percentage of children in the
State participating in public kindergarten programs,
disaggregated by race, family income, child age, disability,
whether the children are homeless children, and whether the
children are dual language learners, with information on
whether such programs are offered--
[[Page H1479]]
(A) for a full-day; and
(B) at no cost to families;
(13) data on the number of individuals in the State who are
supported with scholarships, if applicable, to meet the
baccalaureate degree requirement for high-quality
prekindergarten programs, as defined in section 1112; and
(14) information on--
(A) the numbers and rates of expulsion, suspension, and
similar disciplinary action, of children in the State
participating in high-quality prekindergarten programs,
provided by any eligible local entity, as defined in section
1112(7) of this title;
(B) the State's progress in establishing policies on
effective behavior management strategies and training that
promote positive social and emotional development to
eliminate expulsions and extended suspensions of children
participating in high-quality prekindergarten programs; and
(C) the State's policies on providing early learning
services to children in the State participating in high-
quality prekindergarten programs who have been suspended.
(c) Submission.--A State shall submit the annual report
prepared under subsection (a), at the end of each fiscal
year, to the Secretary, the Secretary of Health and Human
Services, and the State Advisory Council on Early Childhood
Education and Care.
(d) Cooperation.--An eligible local entity that receives a
subgrant under this subtitle shall cooperate with all Federal
and State efforts to evaluate the effectiveness of the
program the entity implements with subgrant funds.
(e) National Report.--The Secretary shall compile and
summarize the annual State reports described under subsection
(c) and shall prepare and submit an annual report to Congress
that includes a summary of such State reports.
SEC. 1124. PROHIBITION OF REQUIRED PARTICIPATION OR USE OF
FUNDS FOR ASSESSMENTS.
(a) Prohibition on Required Participation.--A State
receiving a grant under this subtitle shall not require any
child to participate in any Federal, State, local, or private
early childhood education program, including a high-quality
prekindergarten program.
(b) Prohibition on Use of Funds for Assessment.--A State
receiving a grant under this subtitle and an eligible local
entity receiving a subgrant under this subtitle shall not use
any grant or subgrant funds to carry out any of the following
activities:
(1) An assessment that provides rewards or sanctions for
individual children, teachers, or principals.
(2) An assessment that is used as the primary or sole
method for assessing program effectiveness.
(3) Evaluating children, other than for the purposes of--
(A) improving instruction or the classroom environment;
(B) targeting professional development;
(C) determining the need for health, mental health,
disability, or family support services;
(D) program evaluation for the purposes of program
improvement and parent information; and
(E) improving parent and family engagement.
SEC. 1125. COORDINATION WITH HEAD START PROGRAMS.
(a) Increased Access for Younger Children.--Not later than
1 year after the date of enactment of this Act, the Secretary
and the Secretary of Health and Human Services shall develop
a process--
(1) for use in the event that Head Start programs funded
under the Head Start Act (42 U.S.C. 9831 et seq.) operate in
States or regions that have achieved sustained universal,
voluntary access to 4-year old children who reside within the
State and who are from families with incomes at or below 200
percent of the poverty line to high-quality prekindergarten
programs; and
(2) for how such Head Start programs will begin converting
slots for children who are age 4 on the eligibility
determination date to children who are age 3 on the
eligibility determination date, or, when appropriate,
converting Head Start Programs into Early Head Start programs
to serve infants and toddlers.
(b) Community Need and Resources.--The process described in
subsection (a) shall--
(1) be carried out on a case-by-case basis and shall ensure
that sufficient resources and time are allocated for the
development of such a process so that no child or cohort is
excluded from currently available services; and
(2) ensure that any conversion shall be based on community
need and not on the aggregate number of children served in a
State or region that has achieved sustained, universal,
voluntary access to high-quality prekindergarten programs.
(c) Public Comment and Notice.--Not fewer than 90 days
after the development of the proposed process described in
subsection (a), the Secretary and the Secretary of Health and
Human Services shall publish a notice describing such
proposed process for conversion in the Federal Register
providing at least 90 days for public comment. The
Secretaries shall review and consider public comments prior
to finalizing the process for conversion of Head Start slots
and programs.
(d) Reports to Congress.--Concurrently with publishing a
notice in the Federal Register as described in subsection
(c), the Secretaries shall provide a report 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 that provides a detailed
description of the proposed process described in subsection
(a), including a description of the degree to which Head
Start programs are providing State-funded high-quality
prekindergarten programs as a result of the grant opportunity
provided under this subtitle in States where Head Start
programs are eligible for conversion described in subsection
(a).
SEC. 1126. TECHNICAL ASSISTANCE IN PROGRAM ADMINISTRATION.
In providing technical assistance to carry out activities
under this title, the Secretary shall coordinate that
technical assistance, in appropriate cases, with technical
assistance provided by the Secretary of Health and Human
Services to carry out the programs authorized under the Head
Start Act (42 U.S.C. 9831 et seq.), the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.),
and the maternal, infant and early childhood home visiting
programs assisted under section 511 of the Social Security
Act (42 U.S.C. 711).
SEC. 1127. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $1,300,000,000 for fiscal year 2016;
(2) 3,250,000,000 for fiscal year 2017;
(3) $5,780,000,000 for fiscal year 2018;
(4) $7,580,000,000 for fiscal year 2019;
(5) $8,960,000,000 for fiscal year 2020; and
(6) such sums as may be necessary for each of fiscal years
2021 through 2025.
Subtitle B--Prekindergarten Development Grants
SEC. 1151. PREKINDERGARTEN DEVELOPMENT GRANTS.
(a) In General.--From the amounts appropriated under
subsection (f), the Secretary of Education, in consultation
with the Secretary of Health and Human Services, shall award
competitive grants to States that wish to increase the
capacity and build the infrastructure within the State to
offer high-quality prekindergarten programs.
(b) Eligibility.--A State that is not receiving funds under
section 1115 may compete for grant funds under this subtitle
if the State provides an assurance that the State will,
through the support of grant funds awarded under this
subtitle, meet the eligibility requirements of section 1115
not later than 3 years after the date the State first
receives grant funds under this subtitle.
(c) Grants.--
(1) Duration.--The Secretary shall award grants to States
under this subtitle for a period of not more than 3 years and
such grants shall not be renewed.
(2) Authority to subgrant.--
(A) In general.--A State receiving a grant under this
subtitle may use the grant funds to make subgrants to
eligible local entities (defined in section 1112(7)) to carry
out activities under the grant.
(B) Eligible local entities.--An eligible local entity
receiving a subgrant under subparagraph (A) shall comply with
the requirements for States receiving a grant under this
subtitle, as appropriate.
(d) Application.--
(1) In general.--A Governor of a State that desires to
receive a grant under this subtitle shall submit an
application to the Secretary of Education at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably require, including a description of
how the State plans to become eligible for grants under
section 1115 by not later than 3 years after the date the
State first receives grant funds under this subtitle.
(2) Development of application.--In developing an
application for a grant under this subtitle, a Governor of a
State shall consult with the State Advisory Council on Early
Childhood Education and Care, and incorporate their
recommendations, where applicable.
(e) Matching Requirement.--
(1) In general.--To be eligible to receive a grant under
this subtitle, a State shall contribute for the activities
for which the grant was awarded non-Federal matching funds in
an amount equal to not less than 20 percent of the amount of
the grant.
(2) Non-federal funds.--To satisfy the requirement of
paragraph (1), a State may use--
(A) cash; or
(B) an in-kind contribution.
(3) Financial hardship waiver.--The Secretary may waive
paragraph (1) or reduce the amount of matching funds required
under that paragraph for a State that has submitted an
application for a grant under this subtitle if the State
demonstrates, in the application, a need for such a waiver or
reduction due to extreme financial hardship, as determined by
the Secretary of Education.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this subtitle--
(1) $750,000,000 for fiscal year 2016; and
(2) such sums as may be necessary for each of fiscal years
2017 through 2025.
The Acting CHAIR. Pursuant to House Resolution 125, the gentleman
from Virginia (Mr. Scott) and a Member opposed each will control 10
minutes.
The Chair recognizes the gentleman.
Mr. SCOTT of Virginia. Madam Chair, I yield myself 5 minutes.
[[Page H1480]]
In the unanimous decision of Brown v. Board of Education, the Supreme
Court said:
In these days, it is doubtful that any child may reasonably
be expected to succeed in life if . . . denied the
opportunity of an education. Such an opportunity, where the
State has undertaken to provide it, is a right which must be
made available to all on equal terms.
The fact is that equal educational opportunities are not now
available in low-income communities: first, because education is
generally funded by the local real estate taxes, guaranteeing that
wealthier areas will have more resources for education; and, second,
because, in the normal give and take of politics, low-income areas
never do as well as wealthier areas.
All of these studies conclude that areas of concentrated poverty need
more, not less, in order to provide adequate educational opportunities.
With the 1965 enactment of the first Elementary and Secondary
Education Act, Congress provided Federal money to address ``the special
educational needs of children of low-income families and the impact
that concentrations of low-income families have on the ability of local
educational agencies to support adequate educational programs.''
Unfortunately, today, only a small handful of States has taken steps
to completely equalize their education funding. ESEA was not and should
never become a general education fund for all. The purpose of the law
is to provide States limited, supplemental funding that is targeted to
schools and students left behind in what remains an unequal system.
Over the last 50 years, we have recognized that students with
disabilities, neglected and delinquent students, homeless students, and
nonnative English speaking students also faced local educational
systems unprepared and sometimes unwilling to provide the resources
they needed.
We have made a difference. The improvement is real. Graduation rates
are at all-time highs, and achievement gaps have narrowed. We have made
real progress, but there is still a lot more that needs to be done.
The amendment before us is a substitute for the underlying bill
because H.R. 5, in its current form, retreats from the most important
principles of ESEA. During this debate, no one has refuted our
assertion that this bill takes money from the poorest school districts
in America and gives it to the most affluent ones. That is because the
assertion is true.
Baltimore City, with a higher concentration of low-income students,
will lose an estimated $5.7 million under H.R. 5, an 11 percent
decrease, while the Baltimore suburb of Howard County, with lower
poverty levels, will gain $1.1 million, which is a 25 percent increase.
Chicago City schools have a student population with 85 percent
receiving free and reduced lunches. The suburb of Naperville has 13
percent of students receiving free and reduced lunches. Under H.R. 5,
Chicago loses $64 million, while Naperville gains a half a million.
Republicans call this ``portability.'' We call it reverse Robin Hood,
taking from the poor to give to the wealthy.
In addition to the funding formula change, the bill reduces funding
levels and eliminates maintenance of effort. Maintenance of effort
prevents States from reducing educational spending and replacing it
with Federal money.
We should guarantee the Federal money will be in addition to ongoing
State spending so that children will actually benefit from the Federal
resources. H.R. 5 further eliminates dedicated funding for English
learners and disabled students.
The Democratic substitute seeks to address the fundamental flaws
within the Republican bill. It restores funding priority to areas of
concentrated poverty, English learners, and the disabled.
It requires States to set high and meaningful standards for all
students so that those who graduate from high school will be college
and career ready and will be able to pursue college or work without
need for remediation.
It supports our teachers by ensuring that they will have the
resources and training they need to do their jobs. It addresses the
concerns of too much testing by providing States support to improve
State assessment systems and by providing funding to eliminate all
unnecessary tests.
We are faced with a tremendous opportunity to bring our education
system into the 21st century in order to ensure that all students are
prepared for success in the global economy.
Democrats and Republicans agree about the need for flexibility and
innovation, but where we disagree is on the role of the Federal
Government. We believe that there is a Federal role in fulfilling the
promise of the Brown decision: that all students must have access to
equal educational opportunities.
The choice is clear. We should reinstate the original purpose of ESEA
by supporting the substitute amendment.
Madam Chair, I reserve the balance of my time.
Mr. KLINE. Madam Chair, I rise in opposition to the gentleman's
amendment.
The Acting CHAIR. The gentleman from Minnesota is recognized for 10
minutes.
Mr. KLINE. Madam Chair, we have now had a few days to look at the
851-page amendment that the Democrats brought forward. It was a little
bit surprising during the markup to have it brought up to us.
I think one of my colleagues said something about not legislating by
the pound, but if we had been legislating by the pound, there are a lot
of pounds there, so I appreciate the time we have had to look at this.
It seems to me that the Democrats' substitute amendment just doubles
down on the policy that we have now. The gentleman from Virginia--my
friend, the ranking member--talked about areas of concentrated poverty,
and we need to spend money there.
That is what we do. We spend money there now. We spend a lot more
money per student in high-poverty areas; yet, in those areas, we have
less than half the kids graduating.
He talked about progress that has been made, but right now in
America, one in five students will drop out of high school. Only 26
percent of high school seniors are proficient in math, and only 38
percent of high school seniors--just over a third, Madam Chair--are
proficient in reading. The current system is not working.
As I have said again and again in this debate, Republicans and
Democrats agree that No Child Left Behind is fundamentally flawed and
needs to be replaced. We have different ideas about how we want to go
about doing that.
We believe that the much greater flexibility that the Student Success
Act affords to superintendents and to local leaders to put the money
where they think it can get the best results is a better way to do it
than by adding program after program as we have seen in amendments
during this debate.
We have a fundamentally different idea about how best to achieve what
we all want to achieve, which is an excellent education for every child
at every school. I think the underlying bill is a much better way to do
it, and I would encourage my colleagues to oppose the Democrats'
substitute amendment.
I reserve the balance of my time.
Mr. SCOTT of Virginia. Madam Chair, I am pleased to yield 1 minute to
the gentlewoman from California (Ms. Pelosi), the distinguished
Democratic leader.
Ms. PELOSI. I thank the gentleman for yielding, and I congratulate
him on his great leadership as he has taken the helm as our Democratic
ranking member on the Education and the Workforce Committee.
Madam Chair, education is the single most important investment a
nation can make in its future, a family can make in its children.
Nothing returns more money to the Treasury than the investment in
education, whether it is earliest childhood education, K-12, higher
education, postgrad, lifetime learning; and nothing contributes more to
the success of our children than education, which gives them a chance
to succeed.
That is why, in 1965, Congress passed the Elementary and Secondary
Education Act, one of the great pillars of President Johnson's war on
poverty. President Johnson told the people who gathered for the bill
signing:
From our very beginnings as a nation, we have felt a fierce
commitment to the ideal of education for everyone. It fixed
itself into our democratic creed.
[[Page H1481]]
The Republican legislation before us today makes a mockery of this
legislation's legacy and hollows out the foundation of our democracy:
an educated and empowered citizenry.
Here is how. For the first time in more than 50 years, a majority of
public school students in our country lives in poverty. Too many
children are getting left behind. This Republican bill slams the door
of opportunity for students who are striving to earn an education.
How will students achieve equality of opportunity without equality of
education? How will students be able to maintain America's innovation
leadership if they attend schools without a reliable technology
infrastructure?
This proposed legislation eviscerates our investments in the future,
and it is a monumental step backward in keeping our promise to
America's children.
Republicans are turning back the clock on civil rights protections,
academic achievement, funding for struggling schools, access to college
prep curriculum for underserved children; and they are turning back the
clock on students of color, students with disabilities, students who
are homeless or who are living with foster families, migrant students,
and those learning English as a second language.
This bill guts resources for the most impoverished schools, and it
gives those resources to the richest schools. Rather than increase
investments in schools, this legislation diverts resources and critical
programs away from our schools, away from our students most in need.
Rather than provide a pathway for success to help our children
prepare for the future, this legislation locks in Federal budget cuts
for the rest of the decade. Rather than ensure funds are used for the
classroom and teaching, this legislation lets limited resources be used
for other purposes, such as tax cuts for the wealthy or sports
stadiums.
This bill does nothing to invest in early education. It does nothing
to ensure lifetime learning. It does nothing to update classroom
technology and infrastructure, and it does nothing to boost the STEM
curriculum.
{time} 1230
President Obama has already declared his intention to veto this
recycled, reheated, retrograde, warmed-over stew Republican legislation
that lacks the support of the civil rights community, the English as a
second language community, teachers, education advocates, and the U.S.
Chamber of Commerce.
Instead, we should take up the alternative bill put forth by Mr.
Scott. His bill, in its wisdom, protects students' rights, guarantees
access to world-class education for all students, and supports teachers
and school leaders with better resources.
The substitute legislation put forth by Mr. Scott empowers schools
and districts to tailor to local needs and ensures States set high
standards and goals so students are career- and college-ready.
It is our moral obligation as a country to ensure that all children
have equal access to a well-rounded, world-class education--and Mr.
Scott's substitute does just that. He has presented an alternative that
fulfills the promise of the landmark legislation passed in 1965--
another 50-year anniversary--which is to ensure that access to high-
quality education is the right of every student and not just some. We
must honor that responsibility.
Madam Chair, frequently, people ask me: What motivated you to be
involved in politics? I am a mom with five children. I want, of course,
the best for my children, as every parent does. I saw that they had
tender loving care, the opportunity for education, and the rest.
But the best for each of our children is that every other child has
access to education. We do no favor to our children--and, in my case,
our grandchildren--if we say, We want the best for you, and not pay
attention to the needs of other children in our society. What kind of
transitioning from one generation to the next is it if we say, My kids
got the best--and, in some cases in this bill--at the expense of other
children?
It is just not right. It is not the moral thing to do. It is not the
patriotic thing to do. It doesn't honor our Founders' commitment to a
democracy which calls upon an educated population.
So we must honor all of our responsibilities, personally and
civically; reject this bill; and make certain that quality education is
the right of every child in our country.
I thank Bobby Scott, our ranking member, for giving us that
opportunity, and I urge all my colleagues to vote ``aye'' on his
substitute.
Mr. KLINE. Madam Chair, I yield 4 minutes to the gentleman from
Indiana (Mr. Rokita), chair of the K-12 subcommittee on the Education
and the Workforce Committee.
Mr. ROKITA. I thank the chairman for his leadership throughout this
entire push.
What do I mean by push? Madam Speaker, I mean the fact that for the
last 7-plus years No Child Left Behind--the current Federal law of the
land with regard to K-12 education in this country--has gone unrenewed.
And for many of us, in a very real sense, that is just as well. Because
after a decade of living under No Child Left Behind, and more
importantly, our children being taught under No Child Left Behind, we
realized where its shortcomings are and where we need to go next.
So we have worked on this product. And unlike the Democratic
substitute, Madam Chair, that we are just now hearing about, this
product has been 4 years in the works. In fact, it is so well-tuned and
so well-reviewed that it passed this House in the last Congress. Now,
finally, with a Republican Senate, we have a chance to move real reform
that puts power back in the hands of our parents, teachers, local
leaders, and local taxpayers so that we can again make the child the
most important thing in the school.
We are sort of shooting with real bullets here. Again, we can get a
product to the Senate. We can get that product to conference and then
to the President's desk. So we are not talking in thin air here. Yet
this Democratic substitute really does just that.
Introduced just a few weeks ago during our markup, it seems to be an
amalgamation of every idea that most parents and most teachers and most
local taxpayers and entrepreneurs have found to be wrong with education
ever since the Federal Government has been involved.
And when I say wrong, it comes with a good deal of data and a good
deal of evidence that says no Federal bureaucrat knows our kids better
than that kid's teachers and parents and local school administrators.
So the whole theme of the Student Success Act is to trust those
people, knowing that they care about their kids just as much and, in
probably every case, more than we do here in Washington.
As the father of a 7-year-old boy with disabilities and a 5-year-old
boy, I know that is how I feel. We need to act now to reverse the
Federal mandates under No Child Left Behind and to stop the Obama
administration from coercing States into adopting its preferred
education reforms, including adoption of these Common Core standards.
If we fail to act, the Secretary of Education will continue imposing
his will on schools unilaterally. In essence, Madam Chair, a national
school board.
We have been working on this effort, like I said, for more than 4
years. Our goal from the beginning has been to roll back the role of
Federal Government and return to State and local leaders the
responsibility to deliver a quality education to their students.
Now, some may say the Student Success Act certainly isn't perfect--
and, as we know, no piece of legislation is--but we have heard over the
years the concerns, I would say, of every type of stakeholder involved
in this debate, and we found the right way forward with the Student
Success Act. Everything in the Student Success Act is significantly
better than anything in current law.
And so the question is to my colleagues--certainly my Republican
colleagues, but also my Democratic colleagues: Do you want to move the
ball forward or not? Do you want to do something, or not, for our
children? Or, do you want the Department of Education to become this
Nation's school board?
Mr. SCOTT of Virginia. Madam Chair, I yield 1 minute to the
gentlewoman from Oregon (Ms. Bonamici), a
[[Page H1482]]
distinguished member of the Committee on Education and the Workforce.
Ms. BONAMICI. Madam Chair, I would like to thank Ranking Member Scott
for yielding, for his tremendous leadership, and for delivering a
positive alternative to H.R. 5. I would also like to thank all the
hardworking staff for their expertise and work.
Since the Elementary and Secondary Education Act first passed in
1965, Congress has stood beside America's disadvantaged students and
neediest communities--those with the highest concentration of low-
income students.
Unlike H.R. 5, this amendment continues the essential mission of
delivering resources to students who need them the most. This
substitute fixes what is broken in No Child Left Behind--and there is a
lot--and it maintains the original intent of equity.
We have an opportunity to ensure that all students have access to
high-quality public education and that schools and educators have the
support they need to help all students reach high standards.
I urge my colleagues to support this amendment.
Mr. KLINE. Madam Chair, I am pleased to yield 3 minutes to the
gentleman from Oklahoma (Mr. Russell), a new member of the committee
whose leadership has been very impressive, and his passion on this is
unmatched.
Mr. RUSSELL. Madam Chair, for 200 years, we educated our children
without Federal intrusion. During that time, we not only founded our
Nation and strengthened it and held it together during a Civil War, we
won two World Wars and put a man on the Moon. We did it with the
innovative spirit that local, educated States, families, and people had
without Federal intrusion mandating how they should be educated.
Now, we see an opportunity to preserve individual freedom, to
preserve States' rights, to protect privacy, to allow our teachers, to
allow our local school boards, to allow our local communities, to
continue to educate.
Some States think that some other States don't do a good job. That
may be, but it is not their choice, and it is certainly not the Federal
Government's choice, to coerce and to put things out there.
My State of Oklahoma is often referred to as ``flyover country.'' But
our unemployment is 4.2 percent. That is nearly half that of many of
these States that think that we ought to have some progressive Federal
control of our education. We have no problem putting our population and
our workforce to work. We also have the largest per capita population
of astronauts and those in the space program. So much for lack of
education in flyover country.
This is a good measure because we all agree in a bipartisan fashion
that No Child Left Behind is bad--and it is leaving children behind--
but we get there not by some collective coercive control. We get there
by relying on teachers, school districts, and local control.
What this does is repeals the one-size-fits-all accountability
metric, which will remain if we do nothing. And I think our colleagues,
Madam Chair, would agree.
It eliminates over 65 wasteful programs that are currently authorized
under law and which will remain if we do nothing. It eliminates
mandates that force local schools to reserve 20 percent of their funds
for activities that they don't desire to do. Those mandates will remain
if we do nothing. And it will also prohibit any agency of the Federal
Government from coercing States to adopt Common Core or any other set
of standards through waivers, Federal grants, or any other authority.
That coercion remains if we do nothing.
And, in bipartisan fashion, it eliminates the Feds from having
control of individual data from teachers and students--a concern that
we all share--and that being sent to the Secretary of Education or the
Department of Education. It also covers tribal data protections that
are often overlooked as well.
It strengthens states' rights language that is absent under No Child
Left Behind. Where it says States may do this or that, it is not the
Federal Government's authority to do so. Instead, it says States retain
the right to.
And also, importantly, Madam Chair, it makes provisions for military
dependent children, who currently are often overlooked as they move
from place to place.
Mr. SCOTT of Virginia. Madam Chair, I yield 2 minutes to the
gentleman from Maryland (Mr. Hoyer), the Democratic whip.
Mr. HOYER. Madam Chair, this bill is complex and could be discussed
for a long period of time. Mr. Scott doesn't have a long period of
time, and I will be brief.
I want to point out that when we passed, at the request of President
Bush, No Child Left Behind, which everybody has recognized does not
have some of the components that it ought to have and has some
components that it ought not to have--and Mr. Scott's substitute fixes
that which is broken--I will point out that that bill passed 384-45.
This bill has, essentially, been on the floor before and got no
Democratic votes. How sad it is that on an issue so important to our
country, we don't have a bipartisan bill.
Now this bill had no hearings, notwithstanding the fact there are 63
new Members. I am very pleased--and I thank Mr. Scott--that the
Democratic alternative includes the full service community school
program that I have been promoting for years.
These full service community schools bring the successful model of
the Judith P. Hoyer Early Childhood Centers to K-12 nationally.
Opportunities--there are 33 Judy Centers in Maryland, and there will
be another three opening later this school year. My wife, for whom Judy
Centers were named, was a strong proponent of this highly successful
model, which has helped in closing the achievement gaps for thousands
of students in Maryland. Sadly, H.R. 5 does not include provisions for
those services, which will make a difference.
I thank the chairman for his leadership and the ranking member for
his leadership and contribution.
{time} 1245
Mr. KLINE. Madam Chair, can I inquire as to how much time is
remaining on each side?
The Acting CHAIR. The gentleman from Minnesota has 1 minute
remaining. The gentleman from Virginia has 1\1/2\ minutes remaining.
Mr. KLINE. Madam Chair, I yield 30 seconds to the gentleman from
Georgia (Mr. Allen).
Mr. ALLEN. I thank the gentleman from Minnesota for yielding 30
seconds.
Madam Chair, I think we all agree that No Child Left Behind does not
work. I think we all agree that every child deserves a good education.
That is what H.R. 5 provides. It provides our teachers, our boards of
education, and our States the opportunity to innovate.
Isn't that what education is all about? That is what the business
world is all about. That is why I am supporting this bill.
Mr. SCOTT of Virginia. Madam Chair, could you state again how much
time is left?
The Acting CHAIR. The gentleman from Virginia has 1\1/2\ minutes
remaining.
Mr. SCOTT of Virginia. Madam Chair, I yield 30 seconds to the
gentleman from California (Mr. Honda).
Mr. HONDA. I thank the gentleman for yielding.
Madam Chair, I rise in support of the Democratic substitute amendment
to H.R. 5. This amendment builds on the lessons we learned from No
Child Left Behind, protecting our most vulnerable students without
punishing teachers. It meets the needs of the whole child, provides a
wraparound service promoting community schools.
It helps all students count, giving States valuable, disaggregated
data about individual student groups with individual learning. It is
innovative, it is creative, and it is encouraging innovative, evidence-
based practices.
I urge my colleagues to support this amendment.
Madam Chair, I support the Democratic Substitute Amendment to H.R. 5.
This amendment builds on the lessons we learned from No Child Left
Behind . . . protecting our most vulnerable students without punishing
teachers.
It addresses the learning needs of the whole child . . . providing
wrap-around services and promoting community schools.
[[Page H1483]]
It ensures that all students count . . . giving states valuable,
disaggregated data about individual student groups with individual
learning needs.
It supports educational innovation . . . by creating ARPA-ED, and
encouraging innovative, evidence-based practices.
It supports and rewards exceptional teachers . . . by creating a STEM
Master Teacher Corps.
Most importantly, this amendment continues the Federal commitment to
students who are in the most need.
Fifty years ago, President Johnson signed the Elementary and
Secondary Education Act into law.
This act was an historic step to help protect our most vulnerable
students . . . by increasing the Federal commitment to education.
As we revisit this law, we have a real opportunity to take a step
forward. To build on the successes and fix the problems.
Unfortunately, our Republican colleagues chose to take a step
backwards . . . removing important protections for our most vulnerable
students.
I urge my colleagues to support the Democratic Substitute.
Mr. KLINE. Madam Chair, I reserve the balance of my time.
Mr. SCOTT of Virginia. Madam Chair, I include for the Record a list
of civil rights, education, child advocacy, and health-related
organizations in support of this amendment.
ORGANIZATIONS IN SUPPORT OF SCOTT SUBSTITUTE AMENDMENT #23 TO H.R. 5
1. Congressional Asian Pacific American Caucus, 2.
Congressional Black Caucus, 3. Congressional Hispanic Caucus,
4. Alliance for Excellent Education, 5. American Association
on Health and Disability, 6. American Congress of Community
Supports and Employment Services, 7. American Foundation for
the Blind, 8. American Speech Language Hearing Association,
9. Association for University Centers on Disability, 10.
Autism National Committee, 11. Autistic Self Advocacy
Network, 12. Bazelon Center for Mental Health Law, 13. Brain
Injury Association of America, 14. Council for Learning
Disabilities, 15. Council of Parent Attorneys and Advocates,
16. Easter Seals, 17. Education Trust, 18. Epilepsy
Foundation, 19. Grantmakers in the Arts, 20. Knowledge
Alliance.
21. Latino Elected and Appointed Officials: National
Taskforce on Education, 22. Leadership Conference on Civil
and Human Rights, 23. Lutheran Services in America Disability
Network, 24. Mental Health America, 25. National Association
of Councils on Developmental Disabilities, 26. National
Association of School Psychologists, 27. National Association
of State Head Injury Administrators, 28. National Center for
Learning Disabilities, 29. National Center for Families
Learning, 30. National Center for Special Education in
Charter Schools, 31. National Council on Independent Living,
32. National Disability Rights Network, 33. National Down
Syndrome Congress, 34. National Urban League, 35. Nemours
Children's Health System, 36. Perkins, 37. PACER Center, 38.
Southern Poverty Law Center, 39. The Arc, 40. TASH.
41. United Negro College Fund, Inc., 42. Virginia
Commonwealth University; University Center for Excellence in
Developmental Disabilities, 43. Zero to Three.
Mr. SCOTT of Virginia. Madam Chair, I yield 30 seconds to my
colleague from Virginia (Mr. Beyer), former Lieutenant Governor.
Mr. BEYER. Madam Chair, I rise in support of the Democratic
substitute.
H.R. 5 lacks essential protections for our kids. It is our
responsibility to make sure our kids are safe at school. Too often,
dangerous and abusive techniques are used to discipline our students,
disproportionately subjecting minority students and students with
disabilities to seclusion and restraint in the classroom.
The Democratic substitute would protect our students by developing
appropriate national standards on the use of seclusion and restraint.
We cannot reduce the Federal oversight role for the very reason that
our kids need to be safe in order to be educated.
Mr. KLINE. Madam Chair, I reserve the balance of my time.
Mr. SCOTT of Virginia. Madam Chair, can you remind us how much time
we have left?
The Acting CHAIR. The gentleman from Minnesota has 30 seconds
remaining. The gentleman from Virginia has 30 seconds remaining.
Mr. SCOTT of Virginia. Madam Chair, I yield 15 seconds to the
gentleman from Colorado (Mr. Polis).
Mr. POLIS. While not perfect, the Democratic substitute is a lot
better base bill than the Republican version. It does a better job
getting accountability right, expanding and replicating what works in
public education, and changing what doesn't work in public education.
Mr. SCOTT of Virginia. Madam Chair, is the gentleman prepared to
close?
Mr. KLINE. I am.
Mr. SCOTT of Virginia. Madam Chair, I would like to take a moment to
thank my staff and would like to introduce a list of the staff members
who have worked hard on this bill: Denise Forte, Jacque Chevalier,
Christian Haines, Kelly Broughan, Scott Groginsky, Ashlyn Holeyfield,
Brett Roude, and Theresa Thompson. They worked hard on this bill.
We were given 2 legislative days to put a substitute together. We did
the best we could.
I yield back the balance of my time.
Mr. KLINE. Madam Chair, I feel like I have to compliment the minority
for writing a bill in 2 days that is a ream and a half of paper--that
is quite an accomplishment--that adds more programs, costs more money,
and doubles down on what are failed policies.
The Democrat substitute, frankly, is going in exactly the wrong
direction.
I urge my colleagues to oppose that substitute, support 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 Virginia (Mr. Scott).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. SCOTT of Virginia. Madam 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 Virginia
will be postponed.
Mr. KLINE. Madam Chair, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Womack) having assumed the chair, Mrs. Black, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 5) to
support State and local accountability for public education, protect
State and local authority, inform parents of the performance of their
children's schools, and for other purposes, had come to no resolution
thereon.
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