[Congressional Record Volume 161, Number 104 (Tuesday, July 7, 2015)]
[Senate]
[Pages S4690-S4801]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2078. Mr. ROUNDS (for himself and Mr. Udall) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; as follows:

       On page 723, after line 23, insert the following:

     SEC. 7006. REPORT ON ELEMENTARY AND SECONDARY EDUCATION IN 
                   RURAL OR POVERTY AREAS OF INDIAN COUNTRY.

       (a) In General.--By not later than 90 days after the date 
     of enactment of this Act, the Secretary of Education, in 
     collaboration with the Secretary of the Interior, shall 
     conduct a study regarding elementary and secondary education 
     in rural or poverty areas of Indian country.
       (b) Report.--By not later than 270 days after the date of 
     enactment of this Act, the Secretary of Education, in 
     collaboration with the Secretary of the Interior, shall 
     prepare and submit to Congress a report on the study 
     described in subsection (a) that--
       (1) includes the findings of the study;
       (2) identifies barriers to autonomy that Indian tribes have 
     within elementary schools and secondary schools funded or 
     operated by the Bureau of Indian Education;
       (3) identifies recruitment and retention options for highly 
     effective teachers and school administrators for elementary 
     school and secondary schools in rural or poverty areas of 
     Indian country;
       (4) identifies the limitations in funding sources and 
     flexibility for such schools; and
       (5) provides strategies on how to increase high school 
     graduation rates in such schools, in order to increase the 
     high school graduation rate for students at such schools.
       (c) Definitions.--In this section:
       (1) ESEA definitions.--The terms ``elementary school'', 
     ``high school'', and ``secondary school'' shall have the 
     meanings given the terms in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       (2) Indian country.--The term ``Indian country'' has the 
     meaning given the term in section 1151 of title 18, United 
     States Code.
       (3) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).

[[Page S4691]]

                                 ______
                                 
  SA 2079. Mrs. FISCHER (for herself, Mr. King, and Mr. Tester) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; as follows:

       On page 800, between lines 17 and 18, insert the following:

     SEC. 9115A. LOCAL GOVERNANCE.

       Subpart 2 of part F of title IX (20 U.S.C. 7901 et seq.), 
     as amended by sections 4001(3), 9114, and 9115, and 
     redesignated by section 9106(1), is further amended by adding 
     at the end the following:

     ``SEC. 9540. LOCAL GOVERNANCE.

       ``(a) Rule of Construction.--Nothing in this Act shall be 
     construed to allow the Secretary to--
       ``(1) exercise any governance or authority over school 
     administration, including the development and expenditure of 
     school budgets, unless otherwise authorized under this Act;
       ``(2) issue any regulation without first complying with the 
     rulemaking requirements of section 553 of title 5, United 
     States Code; or
       ``(3) issue any non-regulatory guidance without first, to 
     the extent feasible, considering input from stakeholders.
       ``(b) Authority Under Other Law.--Nothing in subsection (a) 
     shall be construed to affect any authority the Secretary has 
     under any other Federal law.''.
                                 ______
                                 
  SA 2080. Mr. HATCH (for himself and Mr. Markey) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       At the end of title I, add the following:

     SEC. 1018. STUDENT PRIVACY POLICY COMMITTEE.

       (a) Establishment of a Committee on Student Privacy 
     Policy.--Not later than 60 days after the date of enactment 
     of this Act, there is established a committee to be known as 
     the ``Student Privacy Policy Committee'' (referred to in this 
     section as the ``Committee'').
       (b) Membership.--
       (1) Composition.--The Committee shall be composed of--
       (A) 3 individuals appointed by the Secretary of Education;
       (B) not less than 8 and not more than 13 individuals 
     appointed by the Comptroller General of the United States, 
     representing--
       (i) experts in education data and student privacy;
       (ii) educators and parents;
       (iii) State and local government officials responsible for 
     managing student information;
       (iv) education technology leaders in the State or a local 
     educational agency;
       (v) experts with practical experience dealing with data 
     privacy management at the State or local level;
       (vi) experts with a background in academia or research in 
     data privacy and education data; and
       (vii) education technology providers and education data 
     storage providers; and
       (C) 4 members appointed by--
       (i) the majority leader of the Senate;
       (ii) the minority leader of the Senate;
       (iii) the Speaker of the House of Representatives; and
       (iv) the minority leader of the House of Representatives.
       (D) Chairperson.--The Committee shall select a Chairperson 
     from among its members.
       (E) Vacancies.--Any vacancy in the Committee shall not 
     affect the powers of the Committee and shall be filled in the 
     same manner as an initial appointment described in 
     subparagraphs (A) through (C).
       (c) Meetings.--The Committee shall hold, at the call of the 
     Chairperson, not less than 5 meetings before completing the 
     study required under subsection (e) and the report required 
     under subsection (f).
       (d) Personnel Matters.--
       (1) Compensation of members.--Each member of the Committee 
     shall serve without compensation in addition to any such 
     compensation received for the member's service as an officer 
     or employee of the United States, if applicable.
       (2) Travel expenses.--The members of the Committee shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter 1 of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Committee.
       (e) Duties of the Committee.--
       (1) Study.--The Committee shall conduct a study on the 
     effectiveness of Federal laws and enforcement mechanisms of--
       (A) student privacy; and
       (B) parental rights to student information.
       (2) Recommendations.--Based on the findings of the study 
     under paragraph (1), the Committee shall develop 
     recommendations addressing issues of student privacy and 
     parental rights and how to improve and enforce Federal laws 
     regarding student privacy and parental rights, including 
     recommendations that--
       (A) provide or update standard definitions, if needed, for 
     relevant terms related to student privacy, including--
       (i) education record;
       (ii) personally identifiable information;
       (iii) aggregated, de-identified, or anonymized data;
       (iv) third-party; and
       (v) educational purpose;
       (B) identify--
       (i) which Federal laws should be updated; and
       (ii) the appropriate Federal enforcement authority to 
     execute the laws identified in clause (i);
       (C) address the sharing of data in an increasingly 
     technological world, including--
       (i) evaluations of protections in place for student data 
     when it is used for research purposes;
       (ii) establishing best practices for any entity that is 
     charged with handling, or that comes into contact with, 
     student education records;
       (iii) ensuring that identifiable data cannot be used to 
     target students for advertising or marketing purposes; and
       (iv) establishing best practices for data deletion and 
     minimization;
       (D) discuss transparency and parental access to personal 
     student information by establishing best practices for--
       (i) ensuring parental knowledge of any entity that stores 
     or accesses their student's information;
       (ii) parents to amend, delete, or modify their student's 
     information; and
       (iii) a central designee in a State or a political 
     subdivision of a State who can oversee transparency and serve 
     as a point of contact for interested parties;
       (E) establish best practices for the local entities who 
     handle student privacy, which may include professional 
     development for those who come into contact with identifiable 
     data; and
       (F) discuss how to improve coordination between Federal and 
     State laws.
       (f) Report.--Not later than 270 days after the date of 
     enactment of this Act, the Committee shall prepare and submit 
     a report to the Secretary of Education and to Congress 
     containing the findings of the study under subsection (e)(1) 
     and the recommendations developed under subsection (e)(2).
                                 ______
                                 
  SA 2081. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 63, beginning on line 22, strike ``and the'' and 
     all that follows through the semicolon on line 25 and insert 
     the following: ``and the steps the State will take to further 
     assist local educational agencies, if such strategies are not 
     effective, including an assurance that the State will make 
     the determinations required under paragraphs (1)(A) and 
     (2)(A) of section 1119(b);''.
       On page 183, between lines 6 and 7, insert the following:

     SEC. ___. REVIEWING POLICIES ON AUTOMATIC CONTRACT RENEWALS 
                   AND RENEGOTIATING CONTRACTS FOR FAILING LOCAL 
                   EDUCATIONAL AGENCIES AND SCHOOLS.

       Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 1119. REVIEWING POLICIES ON AUTOMATIC CONTRACT 
                   RENEWALS AND RENEGOTIATING CONTRACTS FOR 
                   FAILING LOCAL EDUCATIONAL AGENCIES AND SCHOOLS.

       ``(a) Reviewing Policies on Automatic Contract Renewals.--
     Each State receiving funds under this part shall require 
     that, beginning on the date of enactment of the Every Child 
     Achieves Act of 2015, each local educational agency or public 
     elementary school or secondary school in the State review 
     their policies on entering into contracts that allows for the 
     automatic renewal of the contract without affirmative action 
     by the local educational agency or school, respectively.
       ``(b) Renegotiating Ability.--Each State receiving funds 
     under this part shall establish policies and procedures 
     ensuring that--
       ``(1) each covered contract entered into by a local 
     educational agency receiving assistance under this part 
     allows the local educational agency, during any period for 
     which the local educational agency is a failing local 
     educational agency--
       ``(A) to renegotiate any of the terms or conditions of the 
     covered contract at any point before the expiration of the 
     term of the covered contract; and
       ``(B) after the State determines that the local educational 
     agency has attempted to renegotiate in good faith but the 
     parties have been unable to reach agreement, to be released 
     from the contract; and
       ``(2) each covered contract entered into by a public 
     elementary school or secondary school receiving assistance 
     under this part allows the school, during any period for 
     which the school is identified for intervention and support 
     under section 1114(a)(1) and is served by a failing local 
     educational agency--
       ``(A) to renegotiate, with approval by the local 
     educational agency, any of the terms or

[[Page S4692]]

     conditions of the covered contract at any point before the 
     expiration of the term of the covered contract; and
       ``(B) after the State and local educational agency 
     determine that the school has attempted to renegotiate in 
     good faith but the parties have been unable to reach 
     agreement, to be released from the contract.
       ``(c) Definitions.--In this section:
       ``(1) Covered contract.--The term `covered contract' means 
     a contract or agreement that--
       ``(A) is entered into by a local educational agency, or by 
     a public elementary school or secondary school, that receives 
     assistance under this part; and
       ``(B) is entered into or renewed on or after the date of 
     enactment of the Every Child Achieves Act of 2015.
       ``(2) Failing local educational agency.--The term `failing 
     local educational agency' means a local educational agency 
     for which not less than 40 percent of the public schools 
     served by the local educational agency have been identified 
     by the State as in need of intervention and support under 
     section 1114(a)(1) for the applicable year.''.
                                 ______
                                 
  SA 2082. Mr. HATCH (for himself and Mr. Bennet) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 627, line 8, strike ``State.'' and insert ``State, 
     such as pay for success initiatives that promote coordination 
     among existing programs and meet the purposes of this 
     part.''.
                                 ______
                                 
  SA 2083. Mr. GARDNER (for himself, Mr. Peters, and Mr. Isakson) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 145, between lines 17 and 18, insert the following:
       ``(e) Use for Dual or Concurrent Enrollment Programs.--
       ``(1) In general.--A local educational agency carrying out 
     a schoolwide program or a targeted assistance school program 
     under subsection (c) or (d) in a high school may use funds 
     received under this part--
       ``(A) to carry out--
       ``(i) dual or concurrent enrollment programs for high 
     school students, through which the students are enrolled in 
     the high school and in postsecondary courses at an 
     institution of higher education; or
       ``(ii) programs that allow a student to continue in a dual 
     or concurrent enrollment program at a high school for the 
     school year following the student's completion of grade 12; 
     or
       ``(B) to provide training for teachers, and joint 
     professional development for teachers in collaboration with 
     career and technical educators and educators from 
     institutions of higher education where appropriate, for the 
     purpose of integrating rigorous academics in dual or 
     concurrent enrollment programs.
       ``(2) Flexibility of funds.--A local educational agency 
     using funds received under this part for a dual or concurrent 
     program described in clause (i) or (ii) of paragraph (1)(A) 
     may use such funds for any of the costs associated with such 
     program, including the costs of--
       ``(A) tuition and fees, books, and required instructional 
     materials for such program; and
       ``(B) transportation to and from such program.
       ``(3) Rule of construction.--Nothing in this subsection 
     shall be construed to impose on any State any requirement or 
     rule regarding dual or concurrent enrollment programs that is 
     inconsistent with State law.
                                 ______
                                 
  SA 2084. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 800, between lines 17 and 18, insert the following:

     SEC. 9115A. CRIMINAL BACKGROUND CHECKS FOR SCHOOL EMPLOYEES.

       Subpart 2 of part F of title IX (20 U.S.C. 7901 et seq.), 
     as amended by sections 4001(3), 9114, and 9115, and 
     redesignated by section 9106(1), is further amended by adding 
     at the end the following:

     ``SEC. 9540. CRIMINAL BACKGROUND CHECKS FOR SCHOOL EMPLOYEES.

       ``(a) Criminal Background Check Requirements.--
       ``(1) In general.--Each State educational agency and local 
     educational agency that receives funds under this Act shall 
     have in effect policies and procedures that--
       ``(A) require a criminal background check for each school 
     employee in each covered school served by such State 
     educational agency and local educational agency consistent 
     with State and Federal laws, including but not limited to the 
     Civil Rights Act of 1964; and
       ``(B) establish an appeals process to permit a school 
     employee to, among other things, challenge the accuracy of 
     the findings of a criminal background check.
       ``(2) Requirements.--A background check required under 
     paragraph (1) shall be conducted and administered by--
       ``(A) the State;
       ``(B) the State educational agency; or
       ``(C) the local educational agency.
       ``(b) State and Local Uses of Funds.--A State, State 
     educational agency, or local educational agency that receives 
     funds under this Act may use such funds to establish, 
     implement, or improve policies and procedures on background 
     checks for school employees required under subsection (a) 
     to--
       ``(1) expand the registries or repositories searched when 
     conducting background checks, such as--
       ``(A) the State criminal registry or repository of the 
     State in which the school employee resides;
       ``(B) the State-based child abuse and neglect registries 
     and databases of the State in which the school employee 
     resides;
       ``(C) the Federal Bureau of Investigation fingerprint check 
     using the Integrated Automated Fingerprint Identification 
     System; and
       ``(D) the National Sex Offender Registry established under 
     section 119 of the Adam Walsh Child Protection and Safety Act 
     of 2006 (42 U.S.C. 16919);
       ``(2) provide school employees with training and 
     professional development on how to recognize, respond to, and 
     prevent child abuse;
       ``(3) develop, implement, or improve mechanisms to assist 
     covered local educational agencies and covered schools in 
     effectively recognizing and quickly responding to incidents 
     of child abuse by school employees;
       ``(4) develop and disseminate information on best practices 
     and Federal, State, and local resources available to assist 
     local educational agencies and schools in preventing and 
     responding to incidents of child abuse by school employees;
       ``(5) develop professional standards and codes of conduct 
     for the appropriate behavior of school employees;
       ``(6) establish, implement, or improve policies and 
     procedures for covered State educational agencies, covered 
     local educational agencies, or covered schools to provide the 
     results of background checks to--
       ``(A) individuals subject to the background checks in a 
     statement that indicates whether the individual is ineligible 
     for such employment due to the background check and includes 
     information related to each disqualifying crime;
       ``(B) the employer in a statement that indicates whether a 
     school employee is eligible or ineligible for employment, 
     without revealing any disqualifying crime or other related 
     information regarding the individual;
       ``(C) another employer in the same State or another State, 
     as permitted under State law, without revealing any 
     disqualifying crime or other related information regarding 
     the individual; and
       ``(D) another local educational agency in the same State or 
     another State that is considering such school employee for 
     employment, as permitted under State law, without revealing 
     any disqualifying crime or other related information 
     regarding the individual;
       ``(7) establish, implement, or improve procedures that 
     include periodic background checks, which also allows for an 
     appeals process as described in paragraph (8), for school 
     employees in accordance with State policies or the policies 
     of covered local educational agencies served by the covered 
     State educational agency;
       ``(8) establish, implement, or improve a process by which a 
     school employee may appeal the results of a background check, 
     which process is completed in a timely manner, gives each 
     school employee notice of an opportunity to appeal, and 
     instructions on how to complete the appeals process;
       ``(9) establish, implement, or improve a review process 
     through which the covered State educational agency or covered 
     local educational agency may determine that a school employee 
     disqualified due to a crime is eligible for employment due to 
     mitigating circumstances as determined by a covered local 
     educational agency or a covered State educational agency;
       ``(10) establish, implement, or improve policies and 
     procedures intended to ensure a covered State educational 
     agency or covered local educational agency does not knowingly 
     transfer or facilitate the transfer of a school employee if 
     the agency knows that employee has engaged in sexual 
     misconduct, as defined by State law, with an elementary 
     school or secondary school student;
       ``(11) provide that policies and procedures are published 
     on the website of the covered State educational agency and 
     the website of each covered local educational agency served 
     by the covered State educational agency;
       ``(12) provide school employees with training regarding the 
     appropriate reporting of incidents of child abuse under 
     section 106(b)(2)(B)(i) of the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5106a(b)(2)(B)(i)); and
       ``(13) support any other activities determined by the State 
     to protect student safety

[[Page S4693]]

     or improve the comprehensiveness, coordination, and 
     transparency of policies and procedures on criminal 
     background checks for school employees in the State.
       ``(c) No Private Right of Action.--Nothing in this section 
     shall be construed to create a private right of action if a 
     State, covered State educational agency, covered local 
     educational agency, or covered school is in compliance with 
     State regulations and requirements concerning background 
     checks.
       ``(d) Background Check Fees.--Nothing in this section shall 
     be construed as prohibiting States or local educational 
     agencies from charging school employees for the costs of 
     processing applications and administering a background check 
     as required by State law, provided that the fees charged to 
     school employees do not exceed the actual costs to the State 
     or local educational agency for the processing and 
     administration of the background check.
       ``(e) State and Local Plan Requirements.--Each plan 
     submitted by a State or local educational agency under title 
     I shall include--
       ``(1) an assurance that the State and local educational 
     agency has in effect policies and procedures that meet the 
     requirements of this section; and
       ``(2) a description of laws, regulations, or policies and 
     procedures in effect in the State for conducting background 
     checks for school employees designed to--
       ``(A) terminate individuals in violation of State 
     background check requirements;
       ``(B) improve the reporting of violations of the background 
     check requirements in the State;
       ``(C) reduce the instance of school employee transfers 
     following a substantiated violation of the State background 
     check requirements by a school employee;
       ``(D) provide for a timely process by which a school 
     employee may appeal the results of a criminal background 
     check;
       ``(E) provide each school employee, upon request, with a 
     copy of the results of the criminal background check, 
     including a description of the disqualifying item or items, 
     if applicable;
       ``(F) provide the results of the criminal background check 
     to the employer in a statement that indicates whether a 
     school employee is eligible or ineligible for employment, 
     without revealing any disqualifying crime or other related 
     information regarding the individual; and
       ``(G) provide for the public availability of the policies 
     and procedures for conducting background checks.
       ``(f) Technical Assistance to States, School Districts, and 
     Schools.--The Secretary, in collaboration with the Secretary 
     of Health and Human Services and the Attorney General, shall 
     provide technical assistance and support to States, local 
     educational agencies, and schools, which shall include, at a 
     minimum--
       ``(1) developing and disseminating a comprehensive package 
     of materials for States, State educational agencies, local 
     educational agencies, and schools that outlines steps that 
     can be taken to prevent and respond to child sexual abuse by 
     school personnel;
       ``(2) determining the most cost-effective way to 
     disseminate Federal information so that relevant State 
     educational agencies and local educational agencies, child 
     welfare agencies, and criminal justice entities are aware of 
     such information and have access to it; and
       ``(3) identifying mechanisms to better track and analyze 
     the prevalence of child sexual abuse by school personnel 
     through existing Federal data collection systems, such as the 
     School Survey on Crime and Safety, the National Child Abuse 
     and Neglect Data System, and the National Crime Victimization 
     Survey.
       ``(g) Reporting Requirements.--
       ``(1) Reports to the secretary.--A covered State 
     educational agency or covered local educational agency that 
     uses funds pursuant to this section shall report annually to 
     the Secretary on--
       ``(A) the amount of funds used; and
       ``(B) the purpose for which the funds were used under this 
     section.
       ``(2) Secretary's report card.--Not later than July 1, 
     2017, and annually thereafter, the Secretary, acting through 
     the Director of the Institute of Education Sciences, shall 
     transmit to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Education and the 
     Workforce of the House of Representatives a national report 
     card that includes--
       ``(A) actions taken pursuant to subsection (f), including 
     any best practices identified under such subsection; and
       ``(B) incidents of reported child sexual abuse by school 
     personnel, as reported through existing Federal data 
     collection systems, such as the School Survey on Crime and 
     Safety, the National Child Abuse and Neglect Data System, and 
     the National Crime Victimization Survey.
       ``(h) Rules of Construction Regarding Background Checks.--
       ``(1) No federal control.--Nothing in this section shall be 
     construed to authorize an officer or employee of the Federal 
     Government to--
       ``(A) mandate, direct, or control the background check 
     policies or procedures that a State or local educational 
     agency develops or implements under this section;
       ``(B) establish any criterion that specifies, defines, or 
     prescribes the background check policies or procedures that a 
     State or local educational agency develops or implements 
     under this section; or
       ``(C) require a State or local educational agency to submit 
     such background check policies or procedures for approval.
       ``(2) Prohibition on regulation.--Nothing in this section 
     shall be construed to permit the Secretary to establish any 
     criterion that--
       ``(A) prescribes, or specifies requirements regarding, 
     background checks for school employees;
       ``(B) defines the term `background checks', as such term is 
     used in this section; or
       ``(C) requires a State or local educational agency to 
     report additional data elements or information to the 
     Secretary not otherwise explicitly authorized under this 
     section or any other Federal law.
       ``(3) Existing civil rights law.--Nothing in this section 
     shall be construed as permitting a State or local agency or 
     official to amend, establish, or implement background checks 
     for school employees in a manner inconsistent with title VII 
     of the Civil Rights Act of 1964 or limiting Federal 
     enforcement of such law.
       ``(i) Definitions.--In this section--
       ``(1) the term `covered local educational agency' means a 
     local educational agency that receives funds under this Act;
       ``(2) the term `covered school' means a public elementary 
     school or public secondary school, including a public 
     elementary or secondary charter school, that receives funds 
     under this Act;
       ``(3) the term `covered State educational agency' means a 
     State educational agency that receives funds under this Act; 
     and
       ``(4) the term `school employee' includes, at a minimum--
       ``(A) an employee of, or a person seeking employment with, 
     a covered school, covered local educational agency, or 
     covered State educational agency and who, as a result of such 
     employment, has (or, in the case of a person seeking 
     employment, will have) a job duty that includes unsupervised 
     contact or interaction with elementary school or secondary 
     school students; or
       ``(B) any person, or any employee of any person, who has a 
     contract or agreement to provide services with a covered 
     school, covered local educational agency, or covered State 
     educational agency, and such person or employee, as a result 
     of such contract or agreement, has a job duty that includes 
     unsupervised contact or unsupervised interaction with 
     elementary school or secondary school students.

     ``SEC. 9541. PROHIBITIONS ON TRANSFERS.

       ``(a) In General.--A State, State educational agency, or 
     local educational agency that receives funds under this Act 
     shall have regulations, laws, or policies that prohibit any 
     person, State educational agency, or local educational agency 
     from knowingly transferring or facilitating the transfer of 
     any school employee while knowing, or in reckless disregard 
     of, credible information indicating that such school employee 
     engaged in sexual misconduct with a minor in violation of the 
     law, unless such information has been properly reported as 
     required by Federal, State, or local law, including title IX 
     of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. 
     and its implementing regulations at section 106 of title 34, 
     Code of Federal Regulations), and no action has been taken by 
     the relevant authorities within 2 years or the employee has 
     been exonerated.
       ``(b) Prohibition.--The Secretary shall not have the 
     authority to mandate, direct, or control the specific 
     measures adopted by the State, State educational agency, or 
     local educational agency pursuant to this section.''.
                                 ______
                                 
  SA 2085. Mr. REED (for himself and Mr. Cochran) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; as follows:

       On page 69, after line 25, insert the following:
       ``(ii) assist local educational agencies in developing 
     effective school library programs to provide students an 
     opportunity to develop digital literacy skills and to help 
     ensure that all students graduate from high school prepared 
     for postsecondary education or the workforce without the need 
     for remediation; and''.
       On page 107, between lines 17 and 18, insert the following:
       ``(B) assist schools in developing effective school library 
     programs to provide students an opportunity to develop 
     digital literacy skills and to help ensure that all students 
     graduate from high school prepared for postsecondary 
     education or the workforce without the need for remediation; 
     and''.
       On page 282, strike lines 18 and 19 and insert the 
     following:
       ``(xiii) Supporting the instructional services provided by 
     effective school library programs.''.
       On page 305, strike lines 14 and 15 and insert the 
     following:

       ``(M) supporting the instructional services provided by 
     effective school library programs;''.

       On page 364, line 9, insert ``school librarians,'' after 
     ``personnel,''.
       On page 365, line 10, insert ``school librarians,'' after 
     ``support personnel,''.

[[Page S4694]]

       On page 771, lines 12 and 13, strike ``and speech language 
     pathologists,'' and insert ``, speech language pathologists, 
     and school librarians''.
                                 ______
                                 
  SA 2086. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; as 
follows:

       On page 772, after line 23, insert the following:

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

       Section 9201(b)(2) (20 U.S.C. 7821 (b)(2)) is amended--
       (1) in subparagraph (G), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (H), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(I) implementation of fiscal support teams that provide 
     technical fiscal support assistance, which shall include 
     evaluating fiscal, administrative, and staffing functions, 
     and any other key operational function.''.

     SEC. ____. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

       Section 9203(d) (20 U.S.C. 7823(d)) is amended to read as 
     follows:
       ``(d) Uses of Administrative Funds.--
       ``(1) In general.--A local educational agency that 
     consolidates administrative funds under this section may use 
     the consolidated funds for the administration of the programs 
     and for uses, at the school district and school levels, 
     comparable to those described in section 9201(b)(2).
       ``(2) Fiscal support teams.--A local educational agency 
     that uses funds as described in 9201(b)(2)(I) may contribute 
     State or local funds to expand the reach of such support 
     without violating any supplement, not supplant requirement of 
     any program contributing administrative funds.''.
                                 ______
                                 
  SA 2087. Mrs. FEINSTEIN (for herself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 813, line 8, insert before the semicolon the 
     following: ``, and provide training on the definitions of 
     terms related to homelessness specified in sections 103, 401, 
     and 725 to the personnel (including personnel of preschool 
     and early childhood education programs provided through the 
     local educational agency) and the liaison''.
       On page 827, strike line 22 and insert the following:
     nator.
       ``(E) Certifying homeless status.--A local educational 
     agency liaison or member of the personnel of a local 
     educational agency who receives training described in 
     subsection (f)(6) may certify a child or youth who is 
     participating in a program provided by the local educational 
     agency, or a parent or family of such a child or youth, who 
     meets the eligibility requirements of this Act for a program 
     or service authorized under title IV, as eligible for the 
     program or service.''; and
                                 ______
                                 
  SA 2088. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 772, between lines 14 and 15, insert the following:
       ``(47) Inexperienced teacher.--The term `inexperienced 
     teacher' means a teacher in a public school who has been 
     teaching less than a total of 3 complete school years.''.
                                 ______
                                 
  SA 2089. Mr. ALEXANDER (for himself and Mrs. Murray) submitted an 
amendment intended to be proposed by him to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Every Child Achieves Act of 
     2015''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of purpose.
Sec. 5. Table of contents of the Elementary and Secondary Education Act 
              of 1965.

     TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL 
                          EDUCATIONAL AGENCIES

Sec. 1001. Statement of purpose.
Sec. 1002. Authorization of appropriations.
Sec. 1003. School intervention and support and State administration.
Sec. 1004. Basic program requirements.
Sec. 1005. Parent and family engagement.
Sec. 1006. Participation of children enrolled in private schools.
Sec. 1007. Supplement, not supplant.
Sec. 1008. Coordination requirements.
Sec. 1009. Grants for the outlying areas and the Secretary of the 
              Interior.
Sec. 1010. Allocations to States.
Sec. 1011. Maintenance of effort.
Sec. 1012. Academic assessments.
Sec. 1013. Education of migratory children.
Sec. 1014. Prevention and intervention programs for children and youth 
              who are neglected, delinquent, or at-risk.
Sec. 1015. General provisions.
Sec. 1016. Report on subgroup sample size.
Sec. 1017. Report on implementation of educational stability of 
              children in foster care.

 TITLE II--HIGH-QUALITY TEACHERS, PRINCIPALS, AND OTHER SCHOOL LEADERS

Sec. 2001. Transfer of certain provisions.
Sec. 2002. Preparing, training, and recruiting high-quality teachers, 
              principals, and other school leaders.
Sec. 2003. American history and civics education.
Sec. 2004. Literacy education.
Sec. 2005. Improving science, technology, engineering, and mathematics 
              instruction and student achievement.
Sec. 2006. General provisions.

  TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT 
                                STUDENTS

Sec. 3001. General provisions.
Sec. 3002. Authorization of appropriations.
Sec. 3003. English language acquisition, language enhancement, and 
              academic achievement.
Sec. 3004. Other provisions.
Sec. 3005. American community survey research.

                  TITLE IV--SAFE AND HEALTHY STUDENTS

Sec. 4001. General provisions.
Sec. 4002. Grants to States and local educational agencies.
Sec. 4003. 21st century community learning centers.
Sec. 4004. Elementary school and secondary school counseling programs.
Sec. 4005. Physical education program.

     TITLE V--EMPOWERING PARENTS AND EXPANDING OPPORTUNITY THROUGH 
                               INNOVATION

Sec. 5001. General provisions.
Sec. 5002. Public charter schools.
Sec. 5003. Magnet schools assistance.
Sec. 5004. Supporting high-ability learners and learning.
Sec. 5005. Education innovation and research.
Sec. 5006. Accelerated learning.
Sec. 5007. Ready-to-Learn Television.
Sec. 5008. Innovative technology expands children's horizons (I-TECH).
Sec. 5009. Literacy and arts education.
Sec. 5010. Early learning alignment and improvement grants.

                  TITLE VI--INNOVATION AND FLEXIBILITY

Sec. 6001. Purposes.
Sec. 6002. Improving academic achievement.
Sec. 6003. Rural education initiative.
Sec. 6004. General provisions.
Sec. 6005. Review relating to rural local educational agencies.

    TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

Sec. 7001. Indian education.
Sec. 7002. Native Hawaiian education.
Sec. 7003. Alaska Native education.
Sec. 7004. Native American language immersion schools and programs.
Sec. 7005. Improving Indian student data collection, reporting, and 
              analysis.

                         TITLE VIII--IMPACT AID

Sec. 8001. Purpose.
Sec. 8002. Amendment to Impact Aid Improvement Act of 2012.
Sec. 8003. Payments relating to Federal acquisition of real property.
Sec. 8004. Payments for eligible federally connected children.
Sec. 8005. Policies and procedures relating to children residing on 
              Indian lands.
Sec. 8006. Application for payments under sections 8002 and 8003.
Sec. 8007. Construction.
Sec. 8008. Facilities.
Sec. 8009. State consideration of payments in providing State aid.
Sec. 8010. Definitions.
Sec. 8011. Authorization of appropriations.

                      TITLE IX--GENERAL PROVISIONS

Sec. 9101. Definitions.
Sec. 9102. Applicability to Bureau of Indian Education operated 
              schools.
Sec. 9103. Consolidation of funds for local administration.
Sec. 9104. Rural consolidated plan.
Sec. 9105. Waivers of statutory and regulatory requirements.
Sec. 9106. Plan approval process.
Sec. 9107. Participation by private school children and teachers.
Sec. 9108. Maintenance of effort.
Sec. 9109. School prayer.

[[Page S4695]]

Sec. 9110. Prohibitions on Federal Government and use of Federal funds.
Sec. 9111. Armed forces recruiter access to students and student 
              recruiting information.
Sec. 9112. Prohibition on federally sponsored testing.
Sec. 9113. Limitations on national testing or certification for 
              teachers.
Sec. 9114. Consultation with Indian tribes and tribal organizations.
Sec. 9115. Outreach and technical assistance for rural local 
              educational agencies.
Sec. 9116. Evaluations.

   TITLE X--EDUCATION FOR HOMELESS CHILDREN AND YOUTHS; OTHER LAWS; 
                             MISCELLANEOUS

           PART A--Education for Homeless Children and Youth

Sec. 10101. Statement of policy.
Sec. 10102. Grants for State and local activities.
Sec. 10103. Local educational agency subgrants.
Sec. 10104. Secretarial responsibilities.
Sec. 10105. Definitions.
Sec. 10106. Authorization of appropriations.

                   PART B--Other Laws; Miscellaneous

Sec. 10201. Use of term ``highly qualified'' in other laws.
Sec. 10202. Department staff.
Sec. 10203. Report on Department actions to address Office of the 
              Inspector General charter school reports.

     SEC. 3. REFERENCES.

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

     SEC. 4. STATEMENT OF PURPOSE.

       The purpose of this Act is to enable States and local 
     communities to improve and support our Nation's public 
     schools and ensure that every child has an opportunity to 
     achieve.

     SEC. 5. TABLE OF CONTENTS OF THE ELEMENTARY AND SECONDARY 
                   EDUCATION ACT OF 1965.

       Section 2 is amended to read as follows:

     ``SEC. 2. TABLE OF CONTENTS.

       ``The table of contents for this Act is as follows:

``Sec. 1. Short title.
``Sec. 2. Table of contents.

   ``TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

``Sec. 1001. Statement of purpose.
``Sec. 1002. Authorization of appropriations.
``Sec. 1003. State administration.

   ``PART A--Improving Basic Programs Operated by Local Educational 
                                Agencies

                ``subpart 1--basic program requirements

``Sec. 1111. State plans.
``Sec. 1112. Local educational agency plans.
``Sec. 1113. Eligible school attendance areas; schoolwide programs; 
              targeted assistance programs.
``Sec. 1114. School identification, interventions, and supports.
``Sec. 1115. Parent and family engagement.
``Sec. 1116. Participation of children enrolled in private schools.
``Sec. 1117. Fiscal requirements.
``Sec. 1118. Coordination requirements.

                        ``subpart 2--allocations

``Sec. 1121. Grants for the outlying areas and the Secretary of the 
              Interior.
``Sec. 1122. Allocations to States.
``Sec. 1124. Basic grants to local educational agencies.
``Sec. 1124A. Concentration grants to local educational agencies.
``Sec. 1125. Targeted grants to local educational agencies.
``Sec. 1125AA. Adequacy of funding of targeted grants to local 
              educational agencies in fiscal years after fiscal year 
              2001.
``Sec. 1125A. Education finance incentive grant program.
``Sec. 1126. Special allocation procedures.
``Sec. 1127. Carryover and waiver.

                     ``PART B--Academic Assessments

``Sec. 1201. Grants for State assessments and related activities.
``Sec. 1202. Grants for enhanced assessment instruments.
``Sec. 1203. Audits of assessment systems.
``Sec. 1204. Funding.
``Sec. 1205. Innovative assessment and accountability demonstration 
              authority.

               ``PART C--Education of Migratory Children

``Sec. 1301. Program purpose.
``Sec. 1302. Program authorized.
``Sec. 1303. State allocations.
``Sec. 1304. State applications; services.
``Sec. 1305. Secretarial approval; peer review.
``Sec. 1306. Comprehensive needs assessment and service-delivery plan; 
              authorized activities.
``Sec. 1307. Bypass.
``Sec. 1308. Coordination of migrant education activities.
``Sec. 1309. Definitions.

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

``Sec. 1401. Purpose and program authorization.
``Sec. 1402. Payments for programs under this part.

                   ``subpart 1--state agency programs

``Sec. 1411. Eligibility.
``Sec. 1412. Allocation of funds.
``Sec. 1413. State reallocation of funds.
``Sec. 1414. State plan and State agency applications.
``Sec. 1415. Use of funds.
``Sec. 1416. Institution-wide projects.
``Sec. 1417. Three-year programs or projects.
``Sec. 1418. Transition services.
``Sec. 1419. Evaluation; technical assistance; annual model program.

                   ``subpart 2--local agency programs

``Sec. 1421. Purpose.
``Sec. 1422. Programs operated by local educational agencies.
``Sec. 1423. Local educational agency applications.
``Sec. 1424. Uses of funds.
``Sec. 1425. Program requirements for correctional facilities receiving 
              funds under this section.
``Sec. 1426. Accountability.

                    ``subpart 3--general provisions

``Sec. 1431. Program evaluations.
``Sec. 1432. Definitions.

                      ``PART E--General Provisions

``Sec. 1501. Federal regulations.
``Sec. 1502. Agreements and records.
``Sec. 1503. State administration.
``Sec. 1504. Prohibition against Federal mandates, direction, or 
              control.
``Sec. 1505. Rule of construction on equalized spending.

``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, 
                  PRINCIPALS, AND OTHER SCHOOL LEADERS

``Sec. 2001. Purpose.
``Sec. 2002. Definitions.
``Sec. 2003. Authorization of appropriations.

      ``PART A--Fund for the Improvement of Teaching and Learning

``Sec. 2101. Formula grants to States.
``Sec. 2102. Subgrants to local educational agencies.
``Sec. 2103. Local use of funds.
``Sec. 2104. Reporting.
``Sec. 2105. National activities of demonstrated effectiveness.
``Sec. 2106. Supplement, not supplant.

         ``PART B--Teacher and School Leader Incentive Program

``Sec. 2201. Purposes; definitions.
``Sec. 2202. Teacher and school leader incentive fund grants.
``Sec. 2203. Reports.

            ``PART C--American History and Civics Education

``Sec. 2301. Program authorized.
``Sec. 2302. Teaching of traditional American history.
``Sec. 2303. Presidential and congressional academies for American 
              history and civics.
``Sec. 2304. National activities.
``Sec. 2305. Authorization of appropriations.

      ``PART D--Literacy Education For All, Results For the Nation

``Sec. 2401. Purposes; definitions.
``Sec. 2402. Comprehensive literacy State development grants.
``Sec. 2403. Subgrants to eligible entities in support of birth through 
              kindergarten entry literacy.
``Sec. 2404. Subgrants to eligible entities in support of kindergarten 
              through grade 12 literacy.
``Sec. 2405. National evaluation and information dissemination.
``Sec. 2406. Supplement, not supplant.

 ``PART E--Improving Science, Technology, Engineering, and Mathematics 
                  Instruction and Student Achievement.

``Sec. 2501. Purpose.
``Sec. 2502. Definitions.
``Sec. 2503. Grants; allotments.
``Sec. 2504. Applications.
``Sec. 2505. Authorized activities.
``Sec. 2506. Performance metrics; report; evaluation.
``Sec. 2507. Supplement, not supplant.

                      ``PART F--General Provisions

``Sec. 2601. Rules of construction.

 ``TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT 
                                STUDENTS

``Sec. 3001. Authorization of appropriations.

   ``PART A--English Language Acquisition, Language Enhancement, and 
                        Academic Achievement Act

``Sec. 3101. Short title.
``Sec. 3102. Purposes.

``subpart 1--grants and subgrants for english language acquisition and 
                          language enhancement

``Sec. 3111. Formula grants to States.
``Sec. 3112. Native American and Alaska Native children in school.
``Sec. 3113. State and specially qualified agency plans.
``Sec. 3114. Within-State allocations.
``Sec. 3115. Subgrants to eligible entities.
``Sec. 3116. Local plans.

             ``subpart 2--accountability and administration

``Sec. 3121. Reporting.
``Sec. 3122. Reporting requirements.
``Sec. 3123. Coordination with related programs.
``Sec. 3124. Rules of construction.
``Sec. 3125. Legal authority under State law.
``Sec. 3126. Civil rights.
``Sec. 3127. Programs for Native Americans and Puerto Rico.
``Sec. 3128. Prohibition.

[[Page S4696]]

                    ``subpart 3--national activities

``Sec. 3131. National professional development project.

                      ``PART B--General Provisions

``Sec. 3201. Definitions.
``Sec. 3202. National clearinghouse.
``Sec. 3203. Regulations.

                 ``TITLE IV--SAFE AND HEALTHY STUDENTS

       ``PART A--Grants to States and Local Educational Agencies

``Sec. 4101. Purpose.
``Sec. 4102. Definitions.
``Sec. 4103. Formula grants to States.
``Sec. 4104. Subgrants to local educational agencies.
``Sec. 4105. Local educational agency authorized activities.
``Sec. 4106. Supplement, not supplant.
``Sec. 4107. Prohibitions.
``Sec. 4108. Authorization of appropriations.

           ``PART B--21st Century Community Learning Centers

``Sec. 4201. Purpose; definitions.
``Sec. 4202. Allotments to States.
``Sec. 4203. State application.
``Sec. 4204. Local competitive subgrant program.
``Sec. 4205. Local activities.
``Sec. 4206. Authorization of appropriations.

  ``PART C--Elementary School and Secondary School Counseling Programs

``Sec. 4301. Elementary school and secondary school counseling 
              programs.

                  ``PART D--Physical Education Program

``Sec. 4401. Purpose.
``Sec. 4402. Program authorized.
``Sec. 4403. Applications.
``Sec. 4404. Requirements.
``Sec. 4405. Administrative provisions.
``Sec. 4406. Supplement, not supplant.
``Sec. 4407. Authorization of appropriations.

    ``TITLE V--EMPOWERING PARENTS AND EXPANDING OPPORTUNITY THROUGH 
                               INNOVATION

                    ``PART A--Public Charter Schools

``Sec. 5101. Purpose.
``Sec. 5102. Program authorized.
``Sec. 5103. Grants to support high-quality charter schools.
``Sec. 5104. Facilities financing assistance.
``Sec. 5105. National activities.
``Sec. 5106. Federal formula allocation during first year and for 
              successive enrollment expansions.
``Sec. 5107. Solicitation of input from charter school operators.
``Sec. 5108. Records transfer.
``Sec. 5109. Paperwork reduction.
``Sec. 5110. Definitions.
``Sec. 5111. Authorization of appropriations.

                  ``PART B--Magnet Schools Assistance

``Sec. 5201. Findings and purpose.
``Sec. 5202. Definition.
``Sec. 5203. Program authorized.
``Sec. 5204. Eligibility.
``Sec. 5205. Applications and requirements.
``Sec. 5206. Priority.
``Sec. 5207. Use of funds.
``Sec. 5208. Limitations.
``Sec. 5209. Authorization of appropriations; reservation.

        ``PART C--Supporting High-ability Learners and Learning

``Sec. 5301. Short title.
``Sec. 5302. Purpose.
``Sec. 5303. Rule of construction.
``Sec. 5304. Authorized programs.
``Sec. 5305. Program priorities.
``Sec. 5306. General provisions.
``Sec. 5307. Authorization of appropriations.

              ``PART D--Education Innovation and Research

``Sec. 5401. Grants for education innovation and research.

                     ``PART E--Accelerated Learning

``Sec. 5501. Short title.
``Sec. 5502. Purposes.
``Sec. 5503. Funding distribution rule.
``Sec. 5504. Accelerated learning examination fee program.
``Sec. 5505. Accelerated learning incentive program grants.
``Sec. 5506. Supplement, not supplant.
``Sec. 5507. Definitions.
``Sec. 5508. Authorization of appropriations.

                  ``PART F--Ready-to-Learn Television

``Sec. 5601. Ready-To-Learn.

  ``PART G--Innovative Technology Expands Children's Horizons (I-TECH)

``Sec. 5701. Purposes.
``Sec. 5702. Definitions.
``Sec. 5703. Technology grants program authorized.
``Sec. 5704. State applications.
``Sec. 5705. State use of grant funds.
``Sec. 5706. Local subgrants.
``Sec. 5707. Reporting.
``Sec. 5708. Authorization.

                 ``PART H--Literacy and Arts Education

``Sec. 5801. Literacy and arts education.

       ``PART I--Early Learning Alignment and Improvement Grants

``Sec. 5901. Purposes; definitions.
``Sec. 5902. Early learning alignment and improvement grants.
``Sec. 5903. Authorization of appropriations.

               ``TITLE VI--FLEXIBILITY AND ACCOUNTABILITY

``Sec. 6001. Purposes.

                ``PART A--Improving Academic Achievement

 ``subpart 1--funding transferability for state and local educational 
                                agencies

``Sec. 6111. Short title.
``Sec. 6112. Purpose.
``Sec. 6113. Transferability of funds.

    ``subpart 2--weighted student funding flexibility pilot program

``Sec. 6121. Weighted student funding flexibility pilot program.

                  ``PART B--Rural Education Initiative

``Sec. 6201. Short title.
``Sec. 6202. Purpose.

          ``subpart 1--small, rural school achievement program

``Sec. 6211. Use of applicable funding.
``Sec. 6212. Grant program authorized.
``Sec. 6213. Academic achievement assessments.

            ``subpart 2--rural and low-income school program

``Sec. 6221. Program authorized.
``Sec. 6222. Uses of funds.
``Sec. 6223. Applications.
``Sec. 6224. Accountability.
``Sec. 6225. Choice of participation.

                    ``subpart 3--general provisions

``Sec. 6231. Annual average daily attendance determination.
``Sec. 6232. Supplement, not supplant.
``Sec. 6233. Rule of construction.
``Sec. 6234. Authorization of appropriations.

                      ``PART C--General Provisions

``Sec. 6301. Prohibition against Federal mandates, direction, or 
              control.
``Sec. 6302. Rule of construction on equalized spending.

   ``TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

                       ``PART A--Indian Education

``Sec. 7101. Statement of policy.
``Sec. 7102. Purpose.

       ``subpart 1--formula grants to local educational agencies

``Sec. 7111. Purpose.
``Sec. 7112. Grants to local educational agencies and tribes.
``Sec. 7113. Amount of grants.
``Sec. 7114. Applications.
``Sec. 7115. Authorized services and activities.
``Sec. 7116. Integration of services authorized.
``Sec. 7117. Student eligibility forms.
``Sec. 7118. Payments.
``Sec. 7119. State educational agency review.

   ``subpart 2--special programs and projects to improve educational 
                   opportunities for indian children

``Sec. 7121. Improvement of educational opportunities for Indian 
              children and youth.
``Sec. 7122. Professional development for teachers and education 
              professionals.

                    ``subpart 3--national activities

``Sec. 7131. National research activities.
``Sec. 7132. Grants to tribes for education administrative planning, 
              development, and coordination.

                  ``subpart 4--federal administration

``Sec. 7141. National Advisory Council on Indian Education.
``Sec. 7142. Peer review.
``Sec. 7143. Preference for Indian applicants.
``Sec. 7144. Minimum grant criteria.

       ``subpart 5--definitions; authorizations of appropriations

``Sec. 7151. Definitions.
``Sec. 7152. Authorizations of appropriations.

                  ``PART B--Native Hawaiian Education

``Sec. 7201. Short title.
``Sec. 7202. Findings.
``Sec. 7203. Purposes.
``Sec. 7204. Native Hawaiian Education Council.
``Sec. 7205. Program authorized.
``Sec. 7206. Administrative provisions.
``Sec. 7207. Definitions.

                   ``PART C--Alaska Native Education

``Sec. 7301. Short title.
``Sec. 7302. Findings.
``Sec. 7303. Purposes.
``Sec. 7304. Program authorized.
``Sec. 7305. Funds for administrative purposes.
``Sec. 7306. Definitions.

``PART D--Native American and Alaska Native Language Immersion Schools 
                              and Programs

``Sec. 7401. Native American and Alaska Native language immersion 
              schools and programs.

                        ``TITLE VIII--IMPACT AID

``Sec. 8001. Purpose.
``Sec. 8002. Payments relating to Federal acquisition of real property.
``Sec. 8003. Payments for eligible federally connected children.
``Sec. 8004. Policies and procedures relating to children residing on 
              Indian lands.
``Sec. 8005. Application for payments under sections 8002 and 8003.
``Sec. 8007. Construction.
``Sec. 8008. Facilities.
``Sec. 8009. State consideration of payments in providing State aid.
``Sec. 8010. Federal administration.
``Sec. 8011. Administrative hearings and judicial review.
``Sec. 8012. Forgiveness of overpayments.
``Sec. 8013. Definitions.
``Sec. 8014. Authorization of appropriations.

                     ``TITLE IX--GENERAL PROVISIONS

                         ``PART A--Definitions

``Sec. 9101. Definitions.
``Sec. 9102. Applicability of title.

[[Page S4697]]

``Sec. 9103. Applicability to Bureau of Indian Education operated 
              schools.

   ``PART B--Flexibility in the Use of Administrative and Other Funds

``Sec. 9201. Consolidation of State administrative funds for elementary 
              and secondary education programs.
``Sec. 9202. Single local educational agency States.
``Sec. 9203. Consolidation of funds for local administration.
``Sec. 9204. Consolidated set-aside for Department of the Interior 
              funds.

``PART C--Coordination of Programs; Consolidated State and Local Plans 
                            and Applications

``Sec. 9301. Purpose.
``Sec. 9302. Optional consolidated State plans or applications.
``Sec. 9303. Consolidated reporting.
``Sec. 9304. General applicability of State educational agency 
              assurances.
``Sec. 9305. Consolidated local plans or applications.
``Sec. 9306. Other general assurances.

                           ``PART D--Waivers

``Sec. 9401. Waivers of statutory and regulatory requirements.

      ``PART E--Approval and Disapproval of State Plans and Local 
                              Applications

``Sec. 9451. Approval and disapproval of State plans.
``Sec. 9452. Approval and disapproval of local educational agency 
              applications.

                      ``PART F--Uniform Provisions

                      ``subpart 1--private schools

``Sec. 9501. Participation by private school children and teachers.
``Sec. 9502. Standards for by-pass.
``Sec. 9503. Complaint process for participation of private school 
              children.
``Sec. 9504. By-pass determination process.
``Sec. 9505. Prohibition against funds for religious worship or 
              instruction.
``Sec. 9506. Private, religious, and home schools.

                     ``subpart 2--other provisions

``Sec. 9521. Maintenance of effort.
``Sec. 9522. Prohibition regarding State aid.
``Sec. 9523. Privacy of assessment results.
``Sec. 9524. School prayer.
``Sec. 9525. Equal access to public school facilities.
``Sec. 9526. General prohibitions.
``Sec. 9527. Prohibitions on Federal Government and use of Federal 
              funds.
``Sec. 9528. Armed Forces recruiter access to students and student 
              recruiting information.
``Sec. 9529. Prohibition on federally sponsored testing.
``Sec. 9530. Limitations on national testing or certification for 
              teachers.
``Sec. 9531. Prohibition on nationwide database.
``Sec. 9532. Unsafe school choice option.
``Sec. 9533. Prohibition on discrimination.
``Sec. 9534. Civil rights.
``Sec. 9535. Rulemaking.
``Sec. 9536. Severability.
``Sec. 9537. Transfer of school disciplinary records.
``Sec. 9538. Consultation with Indian tribes and tribal organizations.

               ``subpart 3--teacher liability protection

``Sec. 9541. Short title.
``Sec. 9542. Purpose.
``Sec. 9543. Definitions.
``Sec. 9544. Applicability.
``Sec. 9545. Preemption and election of State nonapplicability.
``Sec. 9546. Limitation on liability for teachers.
``Sec. 9547. Allocation of responsibility for noneconomic loss.
``Sec. 9548. Effective date.

                      ``subpart 4--internet safety

``Sec. 9551. Internet safety.

                      ``subpart 5--gun possession

``Sec. 9561. Gun-free requirements.

                ``subpart 6--environmental tobacco smoke

``Sec. 9571. Short title.
``Sec. 9572. Definitions.
``Sec. 9573. Nonsmoking policy for children's services.
``Sec. 9574. Preemption.

                         ``PART G--Evaluations

``Sec. 9601. Evaluations.''.

     TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL 
                          EDUCATIONAL AGENCIES

     SEC. 1001. STATEMENT OF PURPOSE.

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

     ``SEC. 1001. STATEMENT OF PURPOSE.

       ``The purpose of this title is to ensure that all children 
     have a fair, equitable, and significant opportunity to 
     receive a high-quality education that prepares them for 
     postsecondary education or the workforce, without the need 
     for postsecondary remediation, and to close educational 
     achievement gaps.''.

     SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

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

     ``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Local Educational Agency Grants.--For the purpose of 
     carrying out part A, there are authorized to be appropriated 
     such sums as may be necessary for each of fiscal years 2016 
     through 2021.
       ``(b) State Assessments.--For the purpose of carrying out 
     part B, there are authorized to be appropriated such sums as 
     may be necessary for each of fiscal years 2016 through 2021.
       ``(c) Education of Migratory Children.--For the purpose of 
     carrying out part C, there are authorized to be appropriated 
     such sums as may be necessary for each of fiscal years 2016 
     through 2021.
       ``(d) Prevention and Intervention Programs for Children and 
     Youth Who Are Neglected, Delinquent, or At-risk.--For the 
     purpose of carrying out part D, there are authorized to be 
     appropriated such sums as may be necessary for each of fiscal 
     years 2016 through 2021.
       ``(e) Federal Activities.--For the purpose of carrying out 
     evaluation activities related to title I under section 9601, 
     there are authorized to be appropriated such sums as may be 
     necessary for each of fiscal years 2016 through 2021.
       ``(f) School Intervention and Support.--For the purpose of 
     carrying out section 1114, there are authorized to be 
     appropriated such sums as may be necessary for each of fiscal 
     years 2016 through 2021.''.

     SEC. 1003. SCHOOL INTERVENTION AND SUPPORT AND STATE 
                   ADMINISTRATION.

       The Act (20 U.S.C. 6301 et seq.) is amended--
       (1) by striking section 1003;
       (2) by redesignating section 1004 as section 1003; and
       (3) in section 1003, as redesignated by paragraph (2), by 
     adding at the end the following:
       ``(c) Technical Assistance and Support.--
       ``(1) In general.--Each State may reserve not more than 4 
     percent of the amount the State receives under subpart 2 of 
     part A for a fiscal year to carry out paragraph (2) and to 
     carry out the State educational agency's responsibilities 
     under section 1114(a), including carrying out the State 
     educational agency's statewide system of technical assistance 
     and support for local educational agencies.
       ``(2) Uses.--Of the amount reserved under paragraph (1) for 
     any fiscal year, the State educational agency--
       ``(A) shall use not less than 95 percent of such amount by 
     allocating such sums directly to local educational agencies 
     for activities required under section 1114; or
       ``(B) may, with the approval of the local educational 
     agency, directly provide for such activities or arrange for 
     their provision through other entities such as school support 
     teams, educational service agencies, or other nonprofit or 
     for-profit organizations that use evidence-based strategies 
     to improve student achievement, teaching, and schools.
       ``(3) Priority.--The State educational agency, in 
     allocating funds to local educational agencies under this 
     subsection, shall give priority to local educational agencies 
     that--
       ``(A) serve the lowest-performing elementary schools and 
     secondary schools, as identified by the State under section 
     1114;
       ``(B) demonstrate the greatest need for such funds, as 
     determined by the State; and
       ``(C) demonstrate the strongest commitment to using 
     evidence-based interventions to enable the lowest-performing 
     schools to improve student achievement and student outcomes.
       ``(4) Unused funds.--If, after consultation with local 
     educational agencies in the State, the State educational 
     agency determines that the amount of funds reserved to carry 
     out this subsection for a fiscal year is greater than the 
     amount needed to provide the assistance described in this 
     subsection, the State educational agency shall allocate the 
     excess amount to local educational agencies in accordance 
     with--
       ``(A) the relative allocations the State educational agency 
     made to those agencies for that fiscal year under subpart 2 
     of part A; or
       ``(B) section 1126(c).
       ``(5) Special rule.--Notwithstanding any other provision of 
     this subsection, the amount of funds reserved by the State 
     educational agency under this subsection for any fiscal year 
     shall not decrease the amount of funds each local educational 
     agency receives under subpart 2 of part A below the amount 
     received by such local educational agency under such subpart 
     for the preceding fiscal year.
       ``(6) Reporting.--Each State educational agency shall make 
     publicly available a list of those schools that have received 
     funds or services pursuant to this subsection and the 
     percentage of students from each such school from families 
     with incomes below the poverty line.''.

     SEC. 1004. BASIC PROGRAM REQUIREMENTS.

       Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is 
     amended--
       (1) by striking sections 1111 through 1117 and inserting 
     the following:

     ``SEC. 1111. STATE PLANS.

       ``(a) Plans Required.--
       ``(1) In general.--For any State desiring to receive a 
     grant under this part, the State educational agency shall 
     submit to the Secretary a plan, developed by the State 
     educational agency with timely and meaningful consultation 
     with the Governor, representatives of the State legislature 
     and State board of education (if the State has a State board 
     of education), local educational agencies (including those 
     located in rural areas), representatives of Indian tribes 
     located in the State, teachers, principals, other school 
     leaders, specialized instructional support personnel, 
     paraprofessionals (including organizations representing such 
     individuals), administrators, other staff, and parents, 
     that--

[[Page S4698]]

       ``(A) is coordinated with other programs under this Act, 
     the Individuals with Disabilities Education Act, the 
     Rehabilitation Act of 1973, the Carl D. Perkins Career and 
     Technical Education Act of 2006, the Workforce Innovation and 
     Opportunity Act, the Head Start Act, the Child Care and 
     Development Block Grant Act of 1990, the Education Sciences 
     Reform Act of 2002, the Education Technical Assistance Act, 
     the National Assessment of Educational Progress Authorization 
     Act, the McKinney-Vento Homeless Assistance Act, and the 
     Adult Education and Family Literacy Act; and
       ``(B) describes how the State will implement evidence-based 
     strategies for improving student achievement under this title 
     and disseminate that information to local educational 
     agencies.
       ``(2) Consolidated plan.--A State plan submitted under 
     paragraph (1) may be submitted as part of a consolidated plan 
     under section 9302.
       ``(3) Peer review and secretarial approval.--
       ``(A) In general.--The Secretary shall--
       ``(i) establish a peer-review process to assist in the 
     review of State plans;
       ``(ii) establish multidisciplinary peer-review teams and 
     appoint members of such teams that--

       ``(I) are representative of teachers, principals, other 
     school leaders, specialized instructional support personnel, 
     State educational agencies, local educational agencies, and 
     individuals and researchers with practical experience in 
     implementing academic standards, assessments, or 
     accountability systems, and meeting the needs of 
     disadvantaged students, children with disabilities, students 
     who are English learners, the needs of low-performing 
     schools, and other educational needs of students;
       ``(II) include a balanced representation of individuals who 
     have practical experience in the classroom, school 
     administration, or State or local government, such as direct 
     employees of a school, local educational agency, or State 
     educational agency within the preceding 5 years; and
       ``(III) represent a regionally diverse cross-section of 
     States;

       ``(iii) make available to the public, including by such 
     means as posting to the Department's website, the list of 
     peer reviewers who will review State plans under this 
     section;
       ``(iv) ensure that the peer-review teams are comprised of 
     varied individuals so that the same peer reviewers are not 
     reviewing all of the State plans; and
       ``(v) deem a State plan as approved within 90 days of its 
     submission unless the Secretary presents substantial evidence 
     that clearly demonstrates that such State plan does not meet 
     the requirements of this section.
       ``(B) Purpose of peer review.--The peer-review process 
     shall be designed to--
       ``(i) maximize collaboration with each State;
       ``(ii) promote effective implementation of the challenging 
     State academic standards through State and local innovation; 
     and
       ``(iii) provide publicly available, timely, and objective 
     feedback to States designed to strengthen the technical and 
     overall quality of the State plans.
       ``(C) Standard and nature of review.--Peer reviewers shall 
     conduct an objective review of State plans in their totality 
     and out of respect for State and local judgments, with the 
     goal of supporting State- and local-led innovation and 
     providing objective feedback on the technical and overall 
     quality of a State plan.
       ``(D) Rule of construction.--Nothing in this paragraph 
     shall be construed as prohibiting the Secretary from 
     appointing an individual to serve as a peer reviewer on more 
     than one peer-review team under subparagraph (A) or to review 
     more than one State plan.
       ``(4) State plan determination, demonstration, and 
     revision.--If the Secretary determines that a State plan does 
     not meet the requirements of this subsection or subsection 
     (b) or (c), the Secretary shall, prior to declining to 
     approve the State plan--
       ``(A) immediately notify the State of such determination;
       ``(B) provide a detailed description of the specific 
     requirements of this subsection or subsection (b) or (c) of 
     the State plan that the Secretary determines fails to meet 
     such requirements;
       ``(C) provide all peer-review comments, suggestions, 
     recommendations, or concerns in writing to the State;
       ``(D) offer the State an opportunity to revise and resubmit 
     its plan within 60 days of such determination, including the 
     chance for the State to present substantial evidence to 
     clearly demonstrate that the State plan meets the 
     requirements of this part;
       ``(E) provide technical assistance, upon request of the 
     State, in order to assist the State to meet the requirements 
     of this subsection or subsection (b) or (c); and
       ``(F) conduct a public hearing within 30 days of such 
     resubmission, with public notice provided not less than 15 
     days before such hearing, unless the State declines the 
     opportunity for such public hearing.
       ``(5) State plan disapproval.--The Secretary shall have the 
     authority to disapprove a State plan if the State has been 
     notified and offered an opportunity to revise and submit with 
     technical assistance under paragraph (4), and--
       ``(A) the State does not revise and resubmit its plan; or
       ``(B) the State revises and resubmits a plan that the 
     Secretary determines does not meet the requirements of this 
     part after a hearing conducted under paragraph (4)(F), if 
     applicable.
       ``(6) Limitations.--
       ``(A) In general.--The Secretary shall not have the 
     authority to require a State, as a condition of approval of 
     the State plan or revisions or amendments to the State plan, 
     to--
       ``(i) include in, or delete from, such plan 1 or more 
     specific elements of the challenging State academic 
     standards;
       ``(ii) use specific academic assessment instruments or 
     items;
       ``(iii) set specific State-designed goals or specific 
     timelines for such goals for all students or each of the 
     categories of students, as defined in subsection (b)(3)(A);
       ``(iv) assign any specific weight or specific significance 
     to any measures or indicators of student academic achievement 
     or growth within State-designed accountability systems;
       ``(v) include in, or delete from, such a plan any criterion 
     that specifies, defines, or prescribes--

       ``(I) the standards or measures that States or local 
     educational agencies use to establish, implement, or improve 
     challenging State academic standards, including the content 
     of, or achievement levels within, such standards;
       ``(II) the specific types of academic assessments or 
     assessment items that States and local educational agencies 
     use to meet the requirements of this part;
       ``(III) any requirement that States shall measure student 
     growth, the specific metrics used to measure student academic 
     growth if a State chooses to measure student growth, or the 
     specific indicators or methods to measure student readiness 
     to enter postsecondary education or the workforce;
       ``(IV) any specific benchmarks, targets, goals, or metrics 
     to measure nonacademic measures or indicators;
       ``(V) the specific weight or specific significance of any 
     measure or indicator of student academic achievement within 
     State-designed accountability systems;
       ``(VI) the specific goals States establish for student 
     academic achievement or high school graduation rates, as 
     described in subclauses (I) and (II) of subsection 
     (b)(3)(B)(i);
       ``(VII) any aspect or parameter of a teacher, principal, or 
     other school leader evaluation system within a State or local 
     educational agency; or
       ``(VIII) indicators or specific measures of teacher, 
     principal, or other school leader effectiveness or quality; 
     or

       ``(vi) require data collection beyond data derived from 
     existing Federal, State, and local reporting requirements and 
     data sources.
       ``(B) Rule of construction.--Nothing in this paragraph 
     shall be construed as authorizing, requiring, or allowing any 
     additional reporting requirements, data elements, or 
     information to be reported to the Secretary not otherwise 
     explicitly authorized under Federal law.
       ``(7) Public review.--All written communications, feedback, 
     and notifications under this subsection shall be conducted in 
     a manner that is transparent and immediately made available 
     to the public through the website of the Department, 
     including--
       ``(A) plans submitted or resubmitted by a State;
       ``(B) peer-review comments;
       ``(C) State plan determinations by the Secretary, including 
     approvals or disapprovals; and
       ``(D) notices and transcripts of public hearings under this 
     section.
       ``(8) Duration of the plan.--
       ``(A) In general.--Each State plan shall--
       ``(i) remain in effect for the duration of the State's 
     participation under this part or 7 years, whichever is 
     shorter; and
       ``(ii) be periodically reviewed and revised as necessary by 
     the State educational agency to reflect changes in the 
     State's strategies and programs under this part.
       ``(B) Additional information.--
       ``(i) In general.--If a State makes significant changes to 
     its plan at any time, such as the adoption of new challenging 
     State academic standards, new academic assessments, or 
     changes to its accountability system under subsection (b)(3), 
     such information shall be submitted to the Secretary in the 
     form of revisions or amendments to the State plan.
       ``(ii) Review of revised plans.--The Secretary shall review 
     the information submitted under clause (i) and approve or 
     disapprove changes to the State plan within 90 days in 
     accordance with paragraphs (4) through (6) without 
     undertaking the peer-review process under paragraph (3).
       ``(iii) Special rule for standards.--If a State makes 
     changes to its challenging State academic standards, the 
     requirements of subsection (b)(1), including the requirement 
     that such standards need not be submitted to the Secretary 
     pursuant to subsection (b)(1)(A), shall still apply.
       ``(C) Renewal.--A State educational agency shall submit a 
     revised plan every 7 years subject to the peer-review process 
     under paragraph (3).
       ``(D) Limitation.--The Secretary shall not have the 
     authority to place any new conditions, requirements, or 
     criteria for approval of a plan submitted for renewal under 
     subparagraph (C) that are not otherwise authorized under this 
     part.

[[Page S4699]]

       ``(9) Failure to meet requirements.--If a State fails to 
     meet any of the requirements of this section, then the 
     Secretary may withhold funds for State administration under 
     this part until the Secretary determines that the State has 
     fulfilled those requirements.
       ``(10) Public comment.--Each State shall make the State 
     plan publicly available for public comment for a period of 
     not less than 30 days, by electronic means and in a computer 
     friendly and easily accessible format, prior to submission to 
     the Secretary for approval under this subsection. The State 
     shall provide an assurance that public comments were taken 
     into account in the development of the State plan.
       ``(b) Challenging State Academic Standards, Academic 
     Assessments, and Accountability Systems.--
       ``(1) Challenging state academic standards.--
       ``(A) In general.--Each State shall provide an assurance 
     that the State has adopted challenging academic content 
     standards and aligned academic achievement standards 
     (referred to in this Act as `challenging State academic 
     standards'), which achievement standards shall include not 
     less than 3 levels of achievement, that will be used by the 
     State, its local educational agencies, and its schools to 
     carry out this part. A State shall not be required to submit 
     such challenging State academic standards to the Secretary.
       ``(B) Same standards.--Except as provided in subparagraph 
     (E), the standards required by subparagraph (A) shall be the 
     same standards that the State applies to all public schools 
     and public school students in the State.
       ``(C) Subjects.--The State shall have such standards in 
     mathematics, reading or language arts, and science, and any 
     other subjects as determined by the State, which shall 
     include the same knowledge, skills, and levels of achievement 
     expected of all public school students in the State.
       ``(D) Alignment.--Each State shall demonstrate that the 
     challenging State academic standards are aligned with--
       ``(i) entrance requirements, without the need for academic 
     remediation, for the system of public higher education in the 
     State;
       ``(ii) relevant State career and technical education 
     standards; and
       ``(iii) relevant State early learning guidelines, as 
     required under section 658E(c)(2)(T) of the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 
     9858c(c)(2)(T)).
       ``(E) Alternate academic achievement standards for students 
     with the most significant cognitive disabilities.--
       ``(i) In general.--The State may, through a documented and 
     validated standards-setting process, adopt alternate academic 
     achievement standards for students with the most significant 
     cognitive disabilities, provided those standards--

       ``(I) are aligned with the challenging State academic 
     content standards under subparagraph (A);
       ``(II) promote access to the general curriculum, consistent 
     with the purposes of the Individuals with Disabilities 
     Education Act, as stated in section 601(d) of such Act;
       ``(III) reflect professional judgment of the highest 
     achievement standards attainable by those students;
       ``(IV) are designated in the individualized education 
     program developed under section 614(d)(3) of the Individuals 
     with Disabilities Education Act for each such student as the 
     academic achievement standards that will be used for the 
     student; and
       ``(V) are aligned to ensure that a student who meets the 
     alternate academic achievement standards is on track for 
     further education or employment.

       ``(ii) Prohibition on any other alternate or modified 
     academic achievement standards.--A State shall not develop, 
     or implement for use under this part, any alternate academic 
     achievement standards for children with disabilities that are 
     not alternate academic achievement standards that meet the 
     requirements of clause (i).
       ``(F) English language proficiency standards.--Each State 
     plan shall demonstrate that the State has adopted English 
     language proficiency standards that are aligned with the 
     challenging State academic standards under subparagraph (A). 
     Such standards shall--
       ``(i) ensure proficiency in each of the domains of 
     speaking, listening, reading, and writing;
       ``(ii) address the different proficiency levels of children 
     who are English learners; and
       ``(iii) be aligned with the challenging State academic 
     standards in reading or language arts, so that achieving 
     proficiency in the State's English language proficiency 
     standards indicates a sufficient knowledge of English to 
     measure validly and reliably the student's achievement on the 
     State's reading or language arts standards.
       ``(G) Prohibitions.--
       ``(i) Standards review or approval.--A State shall not be 
     required to submit any standards developed under this 
     subsection to the Secretary for review or approval.
       ``(ii) Federal control.--The Secretary shall not have the 
     authority to mandate, direct, control, coerce, or exercise 
     any direction or supervision over any of the challenging 
     State academic standards adopted or implemented by a State.
       ``(H) Existing standards.--Nothing in this part shall 
     prohibit a State from revising, consistent with this section, 
     any standard adopted under this part before or after the date 
     of enactment of the Every Child Achieves Act of 2015.
       ``(2) Academic assessments.--
       ``(A) In general.--Each State plan shall demonstrate that 
     the State educational agency, in consultation with local 
     educational agencies, has implemented a set of high-quality 
     statewide academic assessments that--
       ``(i) includes, at a minimum, academic statewide 
     assessments in mathematics, reading or language arts, and 
     science; and
       ``(ii) meets the requirements of subparagraph (B).
       ``(B) Requirements.--The assessments under subparagraph (A) 
     shall--
       ``(i) except as provided in subparagraph (D), be--

       ``(I) the same academic assessments used to measure the 
     achievement of all public elementary school and secondary 
     school students in the State; and
       ``(II) administered to all public elementary school and 
     secondary school students in the State;

       ``(ii) be aligned with the challenging State academic 
     standards, and provide coherent and timely information about 
     student attainment of such standards and whether the student 
     is performing at the student's grade level;
       ``(iii) be used for purposes for which such assessments are 
     valid and reliable, consistent with relevant, nationally 
     recognized professional and technical testing standards, and 
     objectively measure academic achievement, knowledge, and 
     skills;
       ``(iv) be of adequate technical quality for each purpose 
     required under this Act and consistent with the requirements 
     of this section, the evidence of which is made public, 
     including on the website of the State educational agency;
       ``(v)(I) measure the annual academic achievement of all 
     students against the challenging State academic standards in, 
     at a minimum, mathematics and reading or language arts, and 
     be administered--

       ``(aa) in each of grades 3 through 8; and
       ``(bb) at least once in grades 9 through 12; and

       ``(II) measure the academic achievement of all students 
     against the challenging State academic standards in science, 
     and be administered not less than one time, during--

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

       ``(vi) involve multiple up-to-date measures of student 
     academic achievement, including measures that assess higher-
     order thinking skills and understanding, which may include 
     measures of student academic growth and may be partially 
     delivered in the form of portfolios, projects, or extended 
     performance tasks;
       ``(vii) provide for--

       ``(I) the participation in such assessments of all 
     students;
       ``(II) the appropriate accommodations for children with 
     disabilities, as defined in section 602(3) of the Individuals 
     with Disabilities Education Act, and students with a 
     disability who are provided accommodations under an Act other 
     than the Individuals with Disabilities Education Act, 
     necessary to measure the academic achievement of such 
     children relative to the challenging State academic 
     standards; and
       ``(III) the inclusion of English learners, who shall be 
     assessed in a valid and reliable manner and provided 
     appropriate accommodations on assessments administered to 
     such students under this paragraph, including, to the extent 
     practicable, assessments in the language and form most likely 
     to yield accurate data on what such students know and can do 
     in academic content areas, until such students have achieved 
     English language proficiency, as determined under paragraph 
     (1)(F);

       ``(viii) at the State's choosing--

       ``(I) be administered through a single summative 
     assessment; or
       ``(II) be administered through multiple statewide 
     assessments during the course of the year if the State can 
     demonstrate that the results of these multiple assessments, 
     taken in their totality, provide a summative score that 
     provides valid and reliable information on individual student 
     achievement or growth;

       ``(ix) notwithstanding clause (vii)(III), provide for 
     assessments (using tests in English) of reading or language 
     arts of any student who has attended school in the United 
     States (not including the Commonwealth of Puerto Rico) for 3 
     or more consecutive school years, except that if the local 
     educational agency determines, on a case-by-case individual 
     basis, that academic assessments in another language or form 
     would likely yield more accurate and reliable information on 
     what such student knows and can do, the local educational 
     agency may make a determination to assess such student in the 
     appropriate language other than English for a period that 
     does not exceed 2 additional consecutive years, provided that 
     such student has not yet reached a level of English language 
     proficiency sufficient to yield valid and reliable 
     information on what such student knows and can do on tests 
     (written in English) of reading or language arts;
       ``(x) produce individual student interpretive, descriptive, 
     and diagnostic reports, consistent with clause (iii), that 
     allow parents, teachers, principals, and other school leaders 
     to understand and address the specific academic needs of 
     students, and include information regarding achievement on 
     academic assessments aligned with challenging State academic 
     achievement standards, and that

[[Page S4700]]

     are provided to parents, teachers, principals, and other 
     school leaders as soon as is practicable after the assessment 
     is given, in an understandable and uniform format, and, to 
     the extent practicable, in a language that the parents can 
     understand;
       ``(xi) enable results to be disaggregated within each 
     State, local educational agency, and school, by--

       ``(I) each major racial and ethnic group;
       ``(II) economically disadvantaged students as compared to 
     students who are not economically disadvantaged;
       ``(III) children with disabilities as compared to children 
     without disabilities;
       ``(IV) English proficiency status;
       ``(V) gender; and
       ``(VI) migrant status;

       ``(xii) enable itemized score analyses to be produced and 
     reported, consistent with clause (iii), to local educational 
     agencies and schools, so that parents, teachers, principals, 
     other school leaders, and administrators can interpret and 
     address the specific academic needs of students as indicated 
     by the students' achievement on assessment items; and
       ``(xiii) be developed, to the extent practicable, using the 
     principles of universal design for learning.
       ``(C) Exception to disaggregation.--Notwithstanding 
     subparagraph (B)(xi), the disaggregated results of 
     assessments shall not be required in the case of a local 
     educational agency or school if--
       ``(i) the number of students in a category described under 
     subparagraph (B)(xi) is insufficient to yield statistically 
     reliable information; or
       ``(ii) the results would reveal personally identifiable 
     information about an individual student.
       ``(D) Alternate assessments for students with the most 
     significant cognitive disabilities.--
       ``(i) Alternate assessments aligned with alternate academic 
     achievement standards.--A State may provide for alternate 
     assessments aligned with the challenging State academic 
     content standards and alternate academic achievement 
     standards described in paragraph (1)(E) for students with the 
     most significant cognitive disabilities, if the State--

       ``(I) ensures that for each subject, the total number of 
     students assessed in such subject using the alternate 
     assessments does not exceed 1 percent of the total number of 
     all students in the State who are assessed in such subject;
       ``(II) establishes and monitors implementation of clear and 
     appropriate guidelines for individualized education program 
     teams (as defined in section 614(d)(1)(B) of the Individuals 
     with Disabilities Education Act) to apply in determining, 
     individually for each subject, when a child's significant 
     cognitive disability justifies assessment based on alternate 
     academic achievement standards;
       ``(III) ensures that, consistent with the requirements of 
     the Individuals with Disabilities Education Act, parents are 
     involved in the decision to use the alternate assessment for 
     their child;
       ``(IV) ensures that, consistent with the requirements of 
     the Individuals with Disabilities Education Act, students 
     with the most significant cognitive disabilities are involved 
     in and make progress in the general education curriculum;
       ``(V) describes in the State plan the appropriate 
     accommodations provided to ensure access to the alternate 
     assessment;
       ``(VI) describes in the State plan the steps the State has 
     taken to incorporate universal design for learning, to the 
     extent feasible, in alternate assessments;
       ``(VII) ensures that general and special education teachers 
     and other appropriate staff know how to administer 
     assessments, including making appropriate use of 
     accommodations, to children with disabilities;
       ``(VIII) develops, disseminates information on, and 
     promotes the use of appropriate accommodations to increase 
     the number of students with significant cognitive 
     disabilities participating in academic instruction and 
     assessments and increase the number of students with 
     significant cognitive disabilities who are tested against 
     challenging State academic achievement standards; and
       ``(IX) ensures that students who take alternate assessments 
     based on alternate academic achievement standards are not 
     precluded from attempting to complete the requirements for a 
     regular high school diploma.

       ``(ii) Students with the most significant cognitive 
     disabilities.--In determining the achievement of students in 
     the State accountability system, a State educational agency 
     shall include, for all schools in the State, the performance 
     of the State's students with the most significant cognitive 
     disabilities on alternate assessments as described in this 
     subparagraph in the subjects included in the State's 
     accountability system, consistent with the 1 percent 
     limitation of clause (i)(I).
       ``(E) State authority.--If a State educational agency 
     provides evidence, which is satisfactory to the Secretary, 
     that neither the State educational agency nor any other State 
     government official, agency, or entity has sufficient 
     authority, under State law, to adopt challenging State 
     academic standards, and academic assessments aligned with 
     such standards, which will be applicable to all students 
     enrolled in the State's public elementary schools and 
     secondary schools, then the State educational agency may meet 
     the requirements of this subsection by--
       ``(i) adopting academic standards and academic assessments 
     that meet the requirements of this subsection, on a statewide 
     basis, and limiting their applicability to students served 
     under this part; or
       ``(ii) adopting and implementing policies that ensure that 
     each local educational agency in the State that receives 
     grants under this part will adopt academic content and 
     student academic achievement standards, and academic 
     assessments aligned with such standards, which--

       ``(I) meet all of the criteria in this subsection and any 
     regulations regarding such standards and assessments that the 
     Secretary may publish; and
       ``(II) are applicable to all students served by each such 
     local educational agency.

       ``(F) Language assessments.--Each State plan shall identify 
     the languages other than English that are present to a 
     significant extent in the participating student population of 
     the State and indicate the languages for which annual student 
     academic assessments are not available and are needed, and 
     such State shall make every effort to develop such 
     assessments as necessary.
       ``(G) Assessments of english language proficiency.--Each 
     State plan shall demonstrate that local educational agencies 
     in the State will provide for an annual assessment of English 
     proficiency, which is valid, reliable, and consistent with 
     relevant nationally recognized professional and technical 
     testing standards measuring students' speaking, listening, 
     reading, and writing skills in English, of all children who 
     are English learners in the schools served by the State 
     educational agency.
       ``(H) Deferral.--A State may defer the commencement, or 
     suspend the administration, but not cease the development, of 
     the assessments described in this paragraph, for 1 year for 
     each year for which the amount appropriated for grants under 
     part B is less than $369,100,000.
       ``(I) Rule of construction regarding use of assessments for 
     student promotion or graduation.--Nothing in this paragraph 
     shall be construed to prescribe or prohibit the use of the 
     academic assessments described in this part for student 
     promotion or graduation purposes.
       ``(J) Rule of construction regarding assessments.--
       ``(i) In general.--Except as provided in clause (ii), 
     nothing in this paragraph shall be construed to prohibit a 
     State from developing and administering computer adaptive 
     assessments as the assessments described in this paragraph, 
     as long as the computer adaptive assessments--

       ``(I) meet the requirements of this paragraph; and
       ``(II) assess the student's academic achievement in order 
     to measure, in the subject being assessed, whether the 
     student is performing above or below the student's grade 
     level.

       ``(ii) Applicability to alternate assessments for students 
     with the most significant cognitive disabilities.--In 
     developing and administering computer adaptive assessments as 
     the assessments allowed under subparagraph (D), a State shall 
     ensure that such computer adaptive assessments--

       ``(I) meet the requirements of this paragraph, including 
     subparagraph (D), except such assessments shall not be 
     required to meet the requirements of clause (i)(II); and
       ``(II) assess the student's academic achievement in order 
     to measure, in the subject being assessed, whether the 
     student is performing at the student's grade level.

       ``(K) Rule of construction on parent and guardian rights.--
     Nothing in this part shall be construed as preempting a State 
     or local law regarding the decision of a parent or guardian 
     to not have the parent or guardian's child participate in the 
     statewide academic assessments under this paragraph.
       ``(3) State accountability system.--
       ``(A) Category of students.--In this paragraph, the term 
     `category of students' means--
       ``(i) economically disadvantaged students;
       ``(ii) students from major racial and ethnic groups;
       ``(iii) children with disabilities; and
       ``(iv) English learner students.
       ``(B) Description of system.--Each State plan shall 
     describe a single, statewide State accountability system that 
     will be based on the challenging State academic standards 
     adopted by the State in mathematics and reading or language 
     arts under paragraph (1)(C) to ensure that all students 
     graduate from high school prepared for postsecondary 
     education or the workforce without the need for postsecondary 
     remediation and at a minimum complies with the following:
       ``(i) Establishes measurable State-designed goals for all 
     students and each of the categories of students in the State 
     that take into account the progress necessary for all 
     students and each of the categories of students to graduate 
     from high school prepared for postsecondary education or the 
     workforce without the need for postsecondary remediation, 
     for, at a minimum each of the following:

       ``(I) Academic achievement, which may include student 
     growth, on the State assessments under paragraph 
     (2)(B)(v)(I).
       ``(II) High school graduation rates, including--

       ``(aa) the 4-year adjusted cohort graduation rate; and
       ``(bb) at the State's discretion, the extended-year 
     adjusted cohort graduation rate.
       ``(ii) Annually measures and reports on the following 
     indicators:

[[Page S4701]]

       ``(I) The academic achievement of all public school 
     students in all public schools and local educational agencies 
     in the State towards meeting the goals described in clause 
     (i) and the challenging State academic standards for all 
     students and for each of the categories of students using 
     student performance on State assessments required under 
     paragraph (2)(B)(v)(I), which may include measures of student 
     academic growth to such standards.
       ``(II) The academic success of all public school students 
     in all public schools and local educational agencies in the 
     State, that is, with respect to--

       ``(aa) elementary schools and secondary schools that are 
     not high schools, an academic indicator, as determined by the 
     State, that is the same statewide for all public elementary 
     school students and all students at such secondary schools, 
     and each category of students; and
       ``(bb) high schools, the high school graduation rates of 
     all public high school students in all public high schools in 
     the State toward meeting the goals described in clause (i), 
     for all students and for each of the categories of students, 
     including the 4-year adjusted cohort graduation rate and at 
     the State's discretion, the extended-year adjusted cohort 
     graduation rate.

       ``(III) English language proficiency of all English 
     learners in all public schools and local educational 
     agencies, which may include measures of student growth.
       ``(IV) Not less than one other valid and reliable indicator 
     of school quality, student success, or student supports, as 
     determined appropriate by the State, that will be applied to 
     all local educational agencies and schools consistently 
     throughout the State for all students and for each of the 
     categories of students, which may include measures of--

       ``(aa) student readiness to enter postsecondary education 
     or the workforce without the need for postsecondary 
     remediation;
       ``(bb) student engagement, such as attendance rates and 
     chronic absenteeism (including both excused and unexcused 
     absences);
       ``(cc) educator engagement, such as educator satisfaction 
     (including working conditions within the school), teacher 
     quality and effectiveness, and teacher absenteeism;
       ``(dd) results from student, parent, and educator surveys;
       ``(ee) school climate and safety, such as incidents of 
     school violence, bullying, and harassment, and disciplinary 
     rates, including rates of suspension, expulsion, referrals to 
     law enforcement, school-related arrests, disciplinary 
     transfers (including placements in alternative schools), and 
     student detentions;
       ``(ff) student access to or success in advanced coursework 
     or educational programs or opportunities; and
       ``(gg) any other State-determined measure of school quality 
     or student success.
       ``(iii) Establishes a system of annually identifying and 
     meaningfully differentiating among all public schools in the 
     State, which shall--

       ``(I) be based on all indicators in the State's 
     accountability system under clause (ii) for all students and 
     for each of the categories of students; and
       ``(II) use the indicators described in subclauses (I) and 
     (II) of clause (ii) as substantial factors in the annual 
     identification of schools, and the weight of such factors 
     shall be determined by the State.

       ``(iv) For public schools receiving assistance under this 
     part, meets the requirements of section 1114.
       ``(v) Provides a clear and understandable explanation of 
     the method of identifying and meaningfully differentiating 
     schools under clause (iii).
       ``(vi) Measures the annual progress of not less than 95 
     percent of all students, and students in each of the 
     categories of students, who are enrolled in the school and 
     are required to take the assessments under paragraph (2) and 
     provides a clear and understandable explanation of how the 
     State will factor this requirement into the State-designed 
     accountability system determinations.
       ``(4) Exception for english learners.--A State may choose 
     to--
       ``(A) exclude a recently arrived English learner who has 
     attended school in one of the 50 States in the United States 
     or in the District of Columbia for less than 12 months from 
     one administration of the reading or language arts assessment 
     required under paragraph (2);
       ``(B) exclude the results of a recently arrived English 
     learner who has attended school in one of the 50 States in 
     the United States or in the District of Columbia for less 
     than 12 months on the assessments under paragraph 
     (2)(B)(v)(I), except for the results on the English language 
     proficiency assessments required under paragraph (2)(G), for 
     the first year of the English learner's enrollment in a 
     school in the United States for the purposes of the State-
     determined accountability system under this subsection; and
       ``(C) include the results on the assessments under 
     paragraph (2)(B)(v)(I), except for results on the English 
     language proficiency assessments required under paragraph 
     (2)(G), of former English learners for not more than 4 years 
     after the student is no longer identified as an English 
     learner within the English learner category of the categories 
     of students, as defined in paragraph (3)(A), for the purposes 
     of the State-determined accountability system.
       ``(5) Accountability for charter schools.--The 
     accountability provisions under this title shall be overseen 
     for charter schools in accordance with State charter school 
     law.
       ``(6) Prohibition on federal interference with state and 
     local decisions.--Nothing in this subsection shall be 
     construed to permit the Secretary to establish any criterion 
     that specifies, defines, or prescribes--
       ``(A) the standards or measures that States or local 
     educational agencies use to establish, implement, or improve 
     challenging State academic standards, including the content 
     of, or achievement levels within, such standards;
       ``(B) the specific types of academic assessments or 
     assessment items that States or local educational agencies 
     use to meet the requirements of paragraph (2)(B) or otherwise 
     use to measure student academic achievement or student 
     growth;
       ``(C) the specific goals that States establish within 
     State-designed accountability systems for all students and 
     for each of the categories of students, as defined in 
     paragraph (3)(A), for student academic achievement or high 
     school graduation rates, as described in subclauses (I) and 
     (II) of paragraph (3)(B)(i);
       ``(D) any requirement that States shall measure student 
     growth or the specific metrics used to measure student 
     academic growth if a State chooses to measure student growth;
       ``(E) the specific indicator under paragraph 
     (3)(B)(ii)(II)(aa), or any indicator under paragraph 
     (3)(B)(ii)(IV), that a State must use within the State-
     designed accountability system;
       ``(F) setting specific benchmarks, targets, or goals, for 
     any other measures or indicators established by a State under 
     subclauses (III) and (IV) of paragraph (3)(B)(ii), including 
     progress or growth on such measures or indicators;
       ``(G) the specific weight or specific significance of any 
     measures or indicators used to measure, identify, or 
     differentiate schools in the State-determined accountability 
     system, as described in clauses (ii) and (iii) of paragraph 
     (3)(B);
       ``(H) the terms `meaningfully' or `substantially' as used 
     in this part;
       ``(I) the specific methods used by States and local 
     educational agencies to identify and meaningfully 
     differentiate among public schools;
       ``(J) any aspect or parameter of a teacher, principal, or 
     other school leader evaluation system within a State or local 
     educational agency; or
       ``(K) indicators or measures of teacher, principal, or 
     other school leader effectiveness or quality.
       ``(c) Other Plan Provisions.--
       ``(1) Descriptions.--Each State plan shall describe--
       ``(A) with respect to any accountability provisions under 
     this part that require disaggregation of information by each 
     of the categories of students, as defined in subsection 
     (b)(3)(A)--
       ``(i) the minimum number of students that the State 
     determines are necessary to be included in each such category 
     of students to carry out such requirements and how that 
     number is statistically sound;
       ``(ii) how such minimum number of students was determined 
     by the State, including how the State collaborated with 
     teachers, principals, other school leaders, parents, and 
     other stakeholders when setting the minimum number; and
       ``(iii) how the State ensures that such minimum number does 
     not reveal personally identifiable information about 
     students;
       ``(B) the State educational agency's system to monitor and 
     evaluate the intervention and support strategies implemented 
     by local educational agencies in schools identified as in 
     need of intervention and support under section 1114, 
     including the lowest-performing schools and schools 
     identified for other reasons, including schools with 
     categories of students, as defined in subsection (b)(3)(A), 
     not meeting the goals described in subsection (b)(3)(B)(i), 
     and the steps the State will take to further assist local 
     educational agencies, if such strategies are not effective;
       ``(C) in the case of a State that proposes to use funds 
     under this part to offer early childhood education programs, 
     how the State provides assistance and support to local 
     educational agencies and individual elementary schools that 
     are creating, expanding, or improving such programs, such as 
     through plans for engaging and supporting principals and 
     other school leaders responsible for improving early 
     childhood alignment with their elementary school, supporting 
     teachers in understanding the transition between early 
     learning to kindergarten, and increasing parent and community 
     engagement;
       ``(D) in the case of a State that proposes to use funds 
     under this part to support a multi-tiered system of supports, 
     positive behavioral interventions and supports, or early 
     intervening services, how the State educational agency will 
     assist local educational agencies in the development, 
     implementation, and coordination of such activities and 
     services with similar activities and services carried out 
     under the Individuals with Disabilities Education Act in 
     schools served by the local educational agency, including by 
     providing technical assistance, training, and evaluation of 
     the activities and services;
       ``(E) how the State educational agency will provide support 
     to local educational agencies for the education of homeless 
     children and youths, and how the State will comply with the 
     requirements of subtitle B of title VII of

[[Page S4702]]

     the McKinney-Vento Homeless Assistance Act;
       ``(F) how low-income and minority children enrolled in 
     schools assisted under this part are not served at 
     disproportionate rates by ineffective, out-of-field, and 
     inexperienced teachers, principals, or other school leaders, 
     and the measures the State educational agency will use to 
     evaluate and publicly report the progress of the State 
     educational agency with respect to such description;
       ``(G) how the State will make public the methods or 
     criteria the State or its local educational agencies are 
     using to measure teacher, principal, and other school leader 
     effectiveness for the purpose of meeting the requirements 
     described in subparagraph (F); however, nothing in this 
     subparagraph shall be construed as requiring a State to 
     develop or implement a teacher, principal, or other school 
     leader evaluation system;
       ``(H) how the State educational agency will protect each 
     student from physical or mental abuse, aversive behavioral 
     interventions that compromise student health and safety, or 
     any physical restraint or seclusion imposed solely for 
     purposes of discipline or convenience, which may include how 
     such agency will identify and support, including through 
     professional development, training, and technical assistance, 
     local educational agencies and schools that have high levels 
     of seclusion and restraint or disproportionality in rates of 
     seclusion and restraint;
       ``(I) how the State educational agency will address school 
     discipline issues, which may include how such agency will 
     identify and support, including through professional 
     development, training, and technical assistance, local 
     educational agencies and schools that have high levels of 
     exclusionary discipline or disproportionality in rates of 
     exclusionary discipline;
       ``(J) how the State educational agency will address school 
     climate issues, which may include providing technical 
     assistance on effective strategies to reduce the incidence of 
     school violence, bullying, harassment, drug and alcohol use 
     and abuse, and rates of chronic absenteeism (including both 
     excused and unexcused absences);
       ``(K) how the State determines, with timely and meaningful 
     consultation with local educational agencies representing the 
     geographic diversity of the State, the timelines and annual 
     goals for progress necessary to move English learners from 
     the lowest levels of English proficiency to the State-defined 
     proficient level in a State-determined number of years, 
     including an assurance that such goals will be based on 
     students' initial language proficiency when first identified 
     as an English learner and may take into account the amount of 
     time that an individual child has been enrolled in a language 
     program and grade level;
       ``(L) the steps a State educational agency will take to 
     ensure collaboration with the State agency responsible for 
     administering the State plans under parts B and E of title IV 
     of the Social Security Act (42 U.S.C. 621 et seq. and 670 et 
     seq.) to ensure the educational stability of children in 
     foster care, including assurances that--
       ``(i) any such child enrolls or remains in such child's 
     school of origin, unless a determination is made that it is 
     not in such child's best interest to attend the school of 
     origin, which decision shall be based on all factors relating 
     to the child's best interest, including consideration of the 
     appropriateness of the current educational setting and the 
     proximity to the school in which the child is enrolled at the 
     time of placement;
       ``(ii) when a determination is made that it is not in such 
     child's best interest to remain in the school of origin, the 
     child is immediately enrolled in a new school, even if the 
     child is unable to produce records normally required for 
     enrollment;
       ``(iii) the enrolling school shall immediately contact the 
     school last attended by any such child to obtain relevant 
     academic and other records; and
       ``(iv) the State educational agency will designate an 
     employee to serve as a point of contact for child welfare 
     agencies and to oversee implementation of the State agency 
     responsibilities required under this subparagraph, and such 
     point of contact shall not be the State's Coordinator for 
     Education of Homeless Children and Youths under section 
     722(d)(3) of the McKinney-Vento Homeless Assistance Act;
       ``(M) how the State educational agency will provide support 
     to local educational agencies for the education of expectant 
     and parenting students; and
       ``(N) any other information on how the State proposes to 
     use funds under this part to meet the purposes of this part, 
     and that the State determines appropriate to provide, which 
     may include how the State educational agency will--
       ``(i) assist local educational agencies in identifying and 
     serving gifted and talented students; and
       ``(ii) encourage the offering of a variety of well-rounded 
     education experiences to students.
       ``(2) Assurances.--Each State plan shall provide an 
     assurance that--
       ``(A) the State educational agency will notify local 
     educational agencies, Indian tribes and tribal organizations, 
     schools, teachers, parents, and the public of the challenging 
     State academic standards, academic assessments, and State 
     accountability system, developed under this section;
       ``(B) the State educational agency will assist each local 
     educational agency and school affected by the State plan to 
     meet the requirements of this part;
       ``(C) the State will participate in the biennial State 
     academic assessments in reading and mathematics in grades 4 
     and 8 of the National Assessment of Educational Progress 
     carried out under section 303(b)(3) of the National 
     Assessment of Educational Progress Authorization Act if the 
     Secretary pays the costs of administering such assessments;
       ``(D) the State educational agency will modify or eliminate 
     State fiscal and accounting barriers so that schools can 
     easily consolidate funds from other Federal, State, and local 
     sources in order to improve educational opportunities and 
     reduce unnecessary fiscal and accounting requirements;
       ``(E) the State educational agency will support the 
     collection and dissemination to local educational agencies 
     and schools of effective parent and family engagement 
     strategies, including those included in the parent and family 
     engagement policy under section 1115;
       ``(F) the State educational agency will provide the least 
     restrictive and burdensome regulations for local educational 
     agencies and individual schools participating in a program 
     assisted under this part;
       ``(G) the State educational agency will ensure that local 
     educational agencies, in developing and implementing programs 
     under this part, will, to the extent feasible, work in 
     consultation with outside intermediary organizations, such as 
     educational service agencies, or individuals, that have 
     practical expertise in the development or use of evidence-
     based strategies and programs to improve teaching, learning, 
     and schools;
       ``(H) the State educational agency has appropriate 
     procedures and safeguards in place to ensure the validity of 
     the assessment process;
       ``(I) the State educational agency will ensure that all 
     teachers and paraprofessionals working in a program supported 
     with funds under this part meet applicable State 
     certification and licensure requirements, including 
     alternative certification requirements;
       ``(J) the State educational agency will coordinate 
     activities funded under this part with other Federal 
     activities as appropriate;
       ``(K) the State educational agency has involved the 
     committee of practitioners established under section 1503(b) 
     in developing the plan and monitoring its implementation;
       ``(L) the State has professional standards for 
     paraprofessionals working in a program supported with funds 
     under this part, including qualifications that were in place 
     on the day before the date of enactment of the Every Child 
     Achieves Act of 2015; and
       ``(M) the State educational agency will assess the system 
     for collecting data from local educational agencies, and the 
     technical assistance provided to local educational agencies 
     on data collection, and will evaluate the need to upgrade or 
     change the system and to provide additional support to help 
     minimize the burden on local educational agencies related to 
     reporting data required for the annual State report card 
     described in subsection (d)(1) and annual local educational 
     agency report cards described in subsection (d)(2).
       ``(d) Reports.--
       ``(1) Annual state report card.--
       ``(A) In general.--A State that receives assistance under 
     this part shall prepare and disseminate widely to the public 
     an annual State report card for the State as a whole that 
     meets the requirements of this paragraph.
       ``(B) Implementation.--
       ``(i) In general.--The State report card required under 
     this paragraph shall be--

       ``(I) concise;
       ``(II) presented in an understandable and uniform format 
     and, to the extent practicable, in a language that parents 
     can understand; and
       ``(III) widely accessible to the public, which shall 
     include making the State report card, along with all local 
     educational agency and school report cards required under 
     paragraph (2), and the annual report to the Secretary under 
     paragraph (5), available on a single webpage of the State 
     educational agency's website.

       ``(ii) Ensuring privacy.--No State report card required 
     under this paragraph shall include any personally 
     identifiable information about any student. Each such report 
     card shall be consistent with the privacy protections under 
     section 444 of the General Education Provisions Act (20 
     U.S.C. 1232g, commonly known as the `Family Educational 
     Rights and Privacy Act of 1974').
       ``(C) Minimum requirements.--Each State report card 
     required under this subsection shall include the following 
     information:
       ``(i) A clear and concise description of the State's 
     accountability system under subsection (b)(3), including the 
     goals for all students and for each of the categories of 
     students, as defined in subsection (b)(3)(A), the indicators 
     used in the accountability system to evaluate school 
     performance described in subsection (b)(3)(B), and the 
     weights of the indicators used in the accountability system 
     to evaluate school performance.
       ``(ii) For all students and disaggregated by each category 
     of students described in subsection (b)(2)(B)(xi), homeless 
     status, and status as a child in foster care, except that 
     such disaggregation shall not be required in a case in which 
     the number of students in a category is insufficient to yield 
     statistically reliable information or the results would 
     reveal personally identifiable information about an 
     individual student, information on

[[Page S4703]]

     student achievement on the academic assessments described in 
     subsection (b)(2) at each level of achievement, as determined 
     by the State under subsection (b)(1).
       ``(iii) For all students and disaggregated by each category 
     of students described in subsection (b)(2)(B)(xi), the 
     percentage of students assessed and not assessed.
       ``(iv) For all students and disaggregated by each of the 
     categories of students, as defined in subsection (b)(3)(A), 
     except that such disaggregation shall not be required in a 
     case in which the number of students in a category is 
     insufficient to yield statistically reliable information or 
     the results would reveal personally identifiable information 
     about an individual student--

       ``(I) information on the performance on the other academic 
     indicator under subsection (b)(3)(B)(ii)(II)(aa) used by the 
     State in the State accountability system; and
       ``(II) high school graduation rates, including 4-year 
     adjusted cohort graduation rates and, at the State's 
     discretion, extended-year adjusted cohort graduation rates.

       ``(v) Information on indicators or measures of school 
     quality, climate and safety, and discipline, including the 
     rates of in-school suspensions, out-of-school suspensions, 
     expulsions, school-related arrests, referrals to law 
     enforcement, chronic absenteeism (including both excused and 
     unexcused absences), and incidences of violence, including 
     bullying and harassment, that the State educational agency 
     and each local educational agency in the State reported to 
     the Civil Rights Data Collection biennial survey required by 
     the Office for Civil Rights of the Department that is the 
     most recent to the date of the determination in the same 
     manner that such information is presented on such survey.
       ``(vi) The minimum number of students that the State 
     determines are necessary to be included in each of the 
     categories of students, as defined in subsection (b)(3)(A), 
     for use in the accountability system under subsection (b)(3).
       ``(vii) The professional qualifications of teachers, 
     principals, and other school leaders in the State, including 
     information (that shall be presented in the aggregate and 
     disaggregated by high-poverty compared to low-poverty schools 
     which, for the purpose of this clause, means schools in each 
     quartile based on school poverty level, and high-minority and 
     low-minority schools in the State) on the number, percentage, 
     and distribution of--

       ``(I) inexperienced teachers, principals, and other school 
     leaders;
       ``(II) teachers teaching with emergency or provisional 
     credentials;
       ``(III) teachers who are not teaching in the subject or 
     field for which the teacher is certified or licensed;
       ``(IV) teachers, principals, and other school leaders who 
     are ineffective, as determined by the State, using the 
     methods or criteria under subsection (c)(1)(G); and
       ``(V) the annual retention rates of effective and 
     ineffective teachers, principals, and other school leaders, 
     as determined by the State, using the methods or criteria 
     under subsection (c)(1)(G).

       ``(viii) Information on the performance of local 
     educational agencies and schools in the State, including the 
     number and names of each school identified for intervention 
     and support under section 1114.
       ``(ix) For a State that implements a teacher, principal, 
     and other school leader evaluation system consistent with 
     title II, the evaluation results of teachers, principals, and 
     other school leaders, except that such information shall not 
     provide personally identifiable information on individual 
     teachers, principals, or other school leaders.
       ``(x) The per-pupil expenditures of Federal, State, and 
     local funds, including actual personnel expenditures and 
     actual nonpersonnel expenditures of Federal, State, and local 
     funds, disaggregated by source of funds, for each local 
     educational agency and each school in the State for the 
     preceding fiscal year.
       ``(xi) The number and percentages of students with the most 
     significant cognitive disabilities that take an alternate 
     assessment under subsection (b)(2)(D), by grade and subject.
       ``(xii) Information on the acquisition of English language 
     proficiency by students who are English learners.
       ``(xiii) Information on, including information that the 
     State educational agency and each local educational agency in 
     the State reported to the Civil Rights Data Collection 
     biennial survey required by the Office for Civil Rights of 
     the Department that is the most recent to the date of the 
     determination in the same manner that such information is 
     presented on such survey on--

       ``(I) the number and percentage of--

       ``(aa) students enrolled in gifted and talented programs;
       ``(bb) students enrolled in rigorous coursework to earn 
     postsecondary credit while still in high school, such as 
     Advanced Placement and International Baccalaureate courses 
     and examinations, and dual or concurrent enrollment and early 
     college high schools; and
       ``(cc) children enrolled in preschool programs;

       ``(II) the average class size, by grade; and
       ``(III) any other indicators determined by the State.

       ``(xiv) The number and percentage of students attaining 
     career and technical proficiencies, as defined by section 
     113(b) of the Carl D. Perkins Career and Technical Education 
     Act of 2006 and reported by States only in a manner 
     consistent with section 113(c) of that Act.
       ``(xv) Results on the National Assessment of Educational 
     Progress in reading and mathematics in grades 4 and 8 for the 
     State, compared to the national average.
       ``(xvi) Information on the percentage of students, 
     including for each of the categories of students, as defined 
     in subsection (b)(3)(A), who did not meet the State goals 
     established under subsection (b)(3)(B).
       ``(xvii) Information regarding the number of military-
     connected students (which, for purposes of this clause, shall 
     mean students with parents who serve in the uniformed 
     services, including the National Guard and Reserves), and 
     information regarding the academic achievement of such 
     students, except that such information shall not be used for 
     school or local educational agency accountability purposes 
     under sections 1111(b)(3) and 1114.
       ``(xviii) Any additional information that the State 
     believes will best provide parents, students, and other 
     members of the public with information regarding the progress 
     of each of the State's public elementary schools and 
     secondary schools.
       ``(D) Rule of construction.--
       ``(i) In general.--Nothing in clause (v) or (xiii) of 
     subparagraph (C) shall be construed as requiring a State to 
     report any data that are not otherwise required or 
     voluntarily submitted to the Civil Rights Data Collection 
     biennial survey required by the Office for Civil Rights of 
     the Department.
       ``(ii) Continuation of submission to department of 
     information.--If, at any time after the date of enactment of 
     the Every Child Achieves Act of 2015, the Civil Rights Data 
     Collection biennial survey is no longer conducted by the 
     Office for Civil Rights of the Department, a State 
     educational agency shall still include the information under 
     clauses (v) and (xiii) of subparagraph (C) in the State 
     report card under this paragraph in the same manner that such 
     information is presented on such survey.
       ``(2) Annual local educational agency report cards.--
       ``(A) In general.--
       ``(i) Preparation and dissemination.--A local educational 
     agency that receives assistance under this part shall prepare 
     and disseminate an annual local educational agency report 
     card that includes--

       ``(I) information on such agency as a whole; and
       ``(II) for each school served by the agency, a school 
     report card that meets the requirements of this paragraph.

       ``(ii) No personally identifiable information.--No local 
     educational agency report card required under this paragraph 
     shall include any personally identifiable information about 
     any student.
       ``(iii) Consistent with ferpa.--Each local educational 
     agency report card shall be consistent with the privacy 
     protections under section 444 of the General Education 
     Provisions Act (20 U.S.C. 1232g, commonly known as the 
     `Family Educational Rights and Privacy Act of 1974').
       ``(B) Implementation.--Each local educational agency report 
     card shall be--
       ``(i) concise;
       ``(ii) presented in an understandable and uniform format, 
     and to the extent practicable, in a language that parents can 
     understand; and
       ``(iii) accessible to the public, which shall include--

       ``(I) placing such report card on the website of the local 
     educational agency and on the website of each school served 
     by the agency; and
       ``(II) in any case in which a local educational agency or 
     school does not operate a website, providing the information 
     to the public in another manner determined by the local 
     educational agency.

       ``(C) Minimum requirements.--Each local educational agency 
     report card required under this paragraph shall include--
       ``(i) the information described in paragraph (1)(C), 
     disaggregated in the same manner as under paragraph (1)(C), 
     except for clause (xv) of such paragraph, as applied to the 
     local educational agency, and each school served by the local 
     educational agency, including--

       ``(I) in the case of a local educational agency, 
     information that shows how students served by the local 
     educational agency achieved on the academic assessments 
     described in subsection (b)(2) compared to students in the 
     State as a whole; and
       ``(II) in the case of a school, information that shows how 
     the school's students' achievement on the academic 
     assessments described in subsection (b)(2) compared to 
     students served by the local educational agency and the State 
     as a whole;

       ``(ii) any information required by the State under 
     paragraph (1)(C)(xviii); and
       ``(iii) any other information that the local educational 
     agency determines is appropriate and will best provide 
     parents, students, and other members of the public with 
     information regarding the progress of each public school 
     served by the local educational agency, whether or not such 
     information is included in the annual State report card.
       ``(D) Public dissemination.--
       ``(i) In general.--Except as provided in clause (ii), a 
     local educational agency shall--

       ``(I) publicly disseminate the information described in 
     this paragraph to all schools in the school district served 
     by the local educational agency and to all parents of 
     students attending such schools; and

[[Page S4704]]

       ``(II) make the information widely available through public 
     means, including through electronic means, including posting 
     in an easily accessible manner on the local educational 
     agency's website, except in the case in which an agency does 
     not operate a website, such agency shall determine how to 
     make the information available, such as through distribution 
     to the media, and distribution through public agencies.

       ``(ii) Exception.--If a local educational agency issues a 
     report card for all students, the local educational agency 
     may include the information described in this paragraph as 
     part of such report.
       ``(3) Preexisting report cards.--A State educational agency 
     or local educational agency that was providing public report 
     cards on the performance of students, schools, local 
     educational agencies, or the State prior to the date of 
     enactment of the Every Child Achieves Act of 2015, may use 
     such report cards for the purpose of disseminating 
     information under this subsection if the report card is 
     modified, as may be needed, to contain the information 
     required by this subsection.
       ``(4) Cost reduction.--Each State educational agency and 
     local educational agency receiving assistance under this part 
     shall, wherever possible, take steps to reduce data 
     collection costs and duplication of effort by obtaining the 
     information required under this subsection through existing 
     data collection efforts.
       ``(5) Annual state report to the secretary.--Each State 
     educational agency receiving assistance under this part shall 
     report annually to the Secretary, and make widely available 
     within the State--
       ``(A) information on student achievement on the academic 
     assessments described in subsection (b)(2) for all students 
     and disaggregated by each of the categories of students, as 
     defined in subsection (b)(3)(A), including--
       ``(i) the percentage of students who achieved at each level 
     of achievement the State has set in subsection (b)(1);
       ``(ii) the percentage of students who did not meet the 
     State goals set in subsection (b)(3)(B); and
       ``(iii) if applicable, the percentage of students making at 
     least one year of academic growth over the school year, as 
     determined by the State;
       ``(B) the percentage of students assessed and not assessed 
     on the academic assessments described in subsection (b)(2) 
     for all students and disaggregated by each category of 
     students described in subsection (b)(2)(B)(xi);
       ``(C) for all students and disaggregated by each of the 
     categories of students, as defined in subsection (b)(3)(A)--
       ``(i) information on the performance on the other academic 
     indicator under subsection (b)(3)(B)(ii)(II)(aa) used by the 
     State in the State accountability system;
       ``(ii) high school graduation rates, including 4-year 
     adjusted cohort graduation rates and, at the State's 
     discretion, extended-year adjusted cohort graduation rates; 
     and
       ``(iii) information on each State-determined indicator of 
     school quality, success, or student support under subsection 
     (b)(3)(B)(ii)(IV) selected by the State in the State 
     accountability system;
       ``(D) information on the acquisition of English language 
     proficiency by students who are English learners;
       ``(E) the per-pupil expenditures of Federal, State, and 
     local funds, including actual staff personnel expenditures 
     and actual nonpersonnel expenditures, disaggregated by source 
     of funds for each school served by the agency for the 
     preceding fiscal year;
       ``(F) the number and percentage of students with the most 
     significant cognitive disabilities that take an alternate 
     assessment under subsection (b)(2)(D), by grade and subject;
       ``(G) the number and names of the schools identified as in 
     need of intervention and support under section 1114, and the 
     school intervention and support strategies developed and 
     implemented by the local educational agency under section 
     1114(b) to address the needs of students in each school;
       ``(H) the number of students and schools that participated 
     in public school choice under section 1114(b)(4);
       ``(I) information on the quality and effectiveness of 
     teachers for each quartile of schools based on the school's 
     poverty level and high-minority and low-minority schools in 
     the local educational agencies in the State, including the 
     number, percentage, and distribution of--
       ``(i) inexperienced teachers;
       ``(ii) teachers who are not teaching in the subject or 
     field for which the teacher is certified or licensed; and
       ``(iii) teachers who are not effective, as determined by 
     the State if the State has a statewide teacher, principal, or 
     other school leader evaluation system; and
       ``(J) if the State has a statewide teacher, principal, or 
     other school leader evaluation system, information on the 
     results of such teacher, principal, or other school leader 
     evaluation systems that does not reveal personally 
     identifiable information.
       ``(6) Presentation of data.--
       ``(A) In general.--A State educational agency or local 
     educational agency shall only include in its annual report 
     card described under paragraphs (1) and (2) data that are 
     sufficient to yield statistically reliable information, and 
     that do not reveal personally identifiable information about 
     an individual student, teacher, principal, or other school 
     leader.
       ``(B) Student privacy.--In carrying out this subsection, 
     student education records shall not be released without 
     written consent consistent with section 444 of the General 
     Education Provisions Act (20 U.S.C. 1232g, commonly known as 
     the `Family Educational Rights and Privacy Act of 1974').
       ``(7) Report to congress.--The Secretary shall transmit 
     annually to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Education and the 
     Workforce of the House of Representatives a report that 
     provides national- and State-level data on the information 
     collected under paragraph (5). Such report shall be submitted 
     through electronic means only.
       ``(8) Secretary's report card.--
       ``(A) In general.--Not later than July 1, 2017, and 
     annually thereafter, the Secretary, acting through the 
     Director of the Institute of Education Sciences, shall 
     transmit to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Education and the 
     Workforce of the House of Representatives a national report 
     card on the status of elementary and secondary education in 
     the United States. Such report shall--
       ``(i) analyze existing data from State reports required 
     under this Act, the Individuals with Disabilities Education 
     Act, and the Carl D. Perkins Career and Technical Education 
     Act of 2006, and summarize major findings from such reports;
       ``(ii) analyze data from the National Assessment of 
     Educational Progress and comparable international 
     assessments;
       ``(iii) identify trends in student achievement and high 
     school graduation rates (including 4-year adjusted cohort 
     graduation rates and extended-year adjusted cohort graduation 
     rates), by analyzing and reporting on the status and 
     performance of students, disaggregated by achievement level 
     and by each of the categories of students, as defined in 
     subsection (b)(3)(A), and by students in rural schools;
       ``(iv) analyze data on Federal, State, and local 
     expenditures on education, including per-pupil spending, 
     teacher salaries, school-level spending, and other financial 
     data publicly available, and report on current trends and 
     major findings; and
       ``(v) analyze information on the teaching, principal, and 
     other school leader professions, including education and 
     training, retention and mobility, and effectiveness in 
     improving student achievement.
       ``(B) Special rule.--The information used to prepare the 
     report described in subparagraph (A) shall be derived from 
     existing State and local reporting requirements and data 
     sources. Nothing in this paragraph shall be construed as 
     authorizing, requiring, or allowing any additional reporting 
     requirements, data elements, or information to be reported to 
     the Secretary not otherwise explicitly authorized by any 
     other Federal law.
       ``(C) Public recognition.--The Secretary may identify and 
     publicly recognize States, local educational agencies, 
     schools, programs, and individuals for exemplary performance.
       ``(e) Voluntary Partnerships.--
       ``(1) In general.--Nothing in this section shall be 
     construed to prohibit a State from entering into a voluntary 
     partnership with another State to develop and implement the 
     academic assessments, challenging State academic standards, 
     and accountability systems required under this section.
       ``(2) Prohibition.--The Secretary shall be prohibited from 
     requiring or coercing a State to enter into a voluntary 
     partnership described in paragraph (1), including--
       ``(A) as a condition of approval of a State plan under this 
     section;
       ``(B) as a condition of an award of Federal funds under any 
     grant, contract, or cooperative agreement;
       ``(C) as a condition of approval of a waiver under section 
     9401; or
       ``(D) by providing any priority, preference, or special 
     consideration during the application process under any grant, 
     contract, or cooperative agreement.
       ``(f) Special Rule With Respect to Bureau-funded Schools.--
     In determining the assessments to be used by each school 
     operated or funded by the Bureau of Indian Education of the 
     Department of the Interior that receives funds under this 
     part, the following shall apply:
       ``(1) Each such school that is accredited by the State in 
     which it is operating shall use the assessments the State has 
     developed and implemented to meet the requirements of this 
     section, or such other appropriate assessment as approved by 
     the Secretary of the Interior.
       ``(2) Each such school that is accredited by a regional 
     accrediting organization shall adopt an appropriate 
     assessment in consultation with, and with the approval of, 
     the Secretary of the Interior and consistent with assessments 
     adopted by other schools in the same State or region, that 
     meets the requirements of this section.
       ``(3) Each such school that is accredited by a tribal 
     accrediting agency or tribal division of education shall use 
     an assessment developed by such agency or division, except 
     that the Secretary of the Interior shall ensure that such 
     assessment meets the requirements of this section.

     ``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

       ``(a) Plans Required.--
       ``(1) Subgrants.--A local educational agency may receive a 
     subgrant under this part

[[Page S4705]]

     for any fiscal year only if such agency has on file with the 
     State educational agency a plan, approved by the State 
     educational agency, that--
       ``(A) is developed with timely and meaningful consultation 
     with teachers, principals, other school leaders, specialized 
     instructional support personnel, paraprofessionals (including 
     organizations representing such individuals), administrators 
     (including administrators of programs described in other 
     parts of this title), and other appropriate school personnel, 
     and with parents of children in schools served under this 
     part;
       ``(B) satisfies the requirements of this section; and
       ``(C) as appropriate, is coordinated with other programs 
     under this Act, the Individuals with Disabilities Education 
     Act, the Rehabilitation Act of 1973, the Carl D. Perkins 
     Career and Technical Education Act of 2006, the Workforce 
     Innovation and Opportunity Act, the Head Start Act, the Child 
     Care and Development Block Grant Act of 1990, the Education 
     Sciences Reform Act of 2002, the Education Technical 
     Assistance Act, the National Assessment of Educational 
     Progress Authorization Act, the McKinney-Vento Homeless 
     Assistance Act, and the Adult Education and Family Literacy 
     Act.
       ``(2) Consolidated application.--The plan may be submitted 
     as part of a consolidated application under section 9305.
       ``(3) State review and approval.--
       ``(A) In general.--Each local educational agency plan shall 
     be filed according to a schedule established by the State 
     educational agency.
       ``(B) Approval.--The State educational agency shall approve 
     a local educational agency's plan only if the State 
     educational agency determines that the local educational 
     agency's plan meets the requirements of this part and enables 
     children served under this part to meet the challenging State 
     academic standards described in section 1111(b)(1).
       ``(4) Duration.--Each local educational agency plan shall 
     be submitted for the first year for which this part is in 
     effect following the date of enactment of the Every Child 
     Achieves Act of 2015 and shall remain in effect for the 
     duration of the agency's participation under this part.
       ``(5) Review.--Each local educational agency shall 
     periodically review and, as necessary, revise its plan to 
     reflect changes in the local educational agency's strategies 
     and programs under this part.
       ``(6) Renewal.--A local educational agency that desires to 
     continue participating in a program under this part shall 
     submit a renewed plan on a periodic basis, as determined by 
     the State.
       ``(b) Plan Provisions.--To ensure that all children receive 
     a high-quality education that prepares them for postsecondary 
     education or the workforce without the need for postsecondary 
     remediation, and to close the achievement gap between 
     children meeting the challenging State academic standards and 
     those who are not, each local educational agency plan shall 
     describe--
       ``(1) how the local educational agency will work with each 
     of the schools served by the agency so that students meet the 
     challenging State academic standards by--
       ``(A) developing and implementing a comprehensive program 
     of instruction to meet the academic needs of all students;
       ``(B) identifying quickly and effectively students who may 
     be at risk for academic failure;
       ``(C) providing additional educational assistance to 
     individual students determined as needing help in meeting the 
     challenging State academic standards;
       ``(D) identifying significant gaps in student academic 
     achievement and graduation rates between each of the 
     categories of students, as defined in section 1111(b)(3)(A), 
     and developing strategies to reduce such gaps in achievement 
     and graduation rates; and
       ``(E) identifying and implementing evidence-based methods 
     and instructional strategies intended to strengthen the 
     academic program of the school and improve school climate;
       ``(2) how the local educational agency will monitor and 
     evaluate the effectiveness of school programs in improving 
     student academic achievement and academic growth, if 
     applicable, especially for students not meeting the 
     challenging State academic standards;
       ``(3) how the local educational agency will--
       ``(A) ensure that all teachers and paraprofessionals 
     working in a program supported with funds under this part 
     meet applicable State certification and licensure 
     requirements, including alternative certification 
     requirements; and
       ``(B) identify and address, as required under State plans 
     as described in section 1111(c)(1)(F), any disparities that 
     result in low-income students and minority students being 
     taught at higher rates than other students by ineffective, 
     inexperienced, and out-of-field teachers;
       ``(4) the actions the local educational agency will take to 
     assist schools identified as in need of intervention and 
     support under section 1114, including the lowest-performing 
     schools in the local educational agency, and schools 
     identified for other reasons, including schools with 
     categories of students, as defined in section 1111(b)(3)(A), 
     not meeting the goals described in section 1111(b)(3)(B), to 
     improve student academic achievement, the funds used to 
     conduct such actions, and how such agency will monitor such 
     actions;
       ``(5) the poverty criteria that will be used to select 
     school attendance areas under section 1113;
       ``(6) the programs to be conducted by such agency's schools 
     under section 1113 and, where appropriate, educational 
     services outside such schools for children living in local 
     institutions for neglected or delinquent children, and for 
     neglected and delinquent children in community day school 
     programs;
       ``(7) the services the local educational agency will 
     provide homeless children, including services provided with 
     funds reserved under section 1113(a)(4)(A)(i);
       ``(8) the strategy the local educational agency will use to 
     implement effective parent and family engagement under 
     section 1115;
       ``(9) if applicable, how the local educational agency will 
     coordinate and integrate services provided under this part 
     with preschool educational services at the local educational 
     agency or individual school level, such as Head Start 
     programs, the literacy program under part D of title II, 
     State-funded preschool programs, and other community-based 
     early childhood education programs, including plans for the 
     transition of participants in such programs to local 
     elementary school programs;
       ``(10) how the local educational agency will coordinate 
     programs and integrate services under this part with other 
     Federal, State, tribal, and local services and programs, 
     including programs supported under this Act, the Carl D. 
     Perkins Career and Technical Education Act of 2006, the 
     Individuals with Disabilities Education Act, the 
     Rehabilitation Act of 1973, the Head Start Act, the Child 
     Care and Development Block Grant Act of 1990, the Workforce 
     Innovation and Opportunity Act, the McKinney-Vento Homeless 
     Assistance Act, and the Education Sciences Reform Act of 
     2002, violence prevention programs, nutrition programs, and 
     housing programs;
       ``(11) how teachers and school leaders, in consultation 
     with parents, administrators, paraprofessionals, and 
     specialized instructional support personnel, in schools 
     operating a targeted assistance school program under section 
     1113, will identify the eligible children most in need of 
     services under this part;
       ``(12) in the case of a local educational agency that 
     proposes to use funds under this part to support a multi-
     tiered system of supports, positive behavioral interventions 
     and supports, or early intervening services, how the local 
     educational agency will provide such activities and services 
     and coordinate them with similar activities and services 
     carried out under the Individuals with Disabilities Education 
     Act in schools served by the local educational agency, 
     including by providing technical assistance, training, and 
     evaluation of the activities and services;
       ``(13) how the local educational agency will provide 
     opportunities for the enrollment, attendance, and success of 
     homeless children and youths consistent with the requirements 
     of the McKinney-Vento Homeless Assistance Act and the 
     services the local educational agency will provide homeless 
     children and youths;
       ``(14) how the local educational agency will implement 
     strategies to facilitate effective transitions for students 
     from middle school to high school and from high school to 
     postsecondary education, including--
       ``(A) if applicable, through coordination with institutions 
     of higher education, employers, and other local partners to 
     seamlessly transition students from high school into 
     postsecondary education or careers without remediation; and
       ``(B) a description of the specific transition activities 
     the local educational agency will take, such as providing 
     students with access to dual or concurrent enrollment 
     opportunities that enable students during high school to earn 
     postsecondary credit or an industry-recognized credential 
     that meets any quality standards required by the State or 
     utilizing comprehensive career counseling to identify student 
     interests and skills;
       ``(15) how the local educational agency will address school 
     discipline issues, which may include identifying and 
     supporting schools with significant discipline disparities, 
     or high rates of discipline, disaggregated by each of the 
     categories of students, as defined in section 1111(b)(3)(A), 
     including by providing technical assistance on effective 
     strategies to reduce such disparities and high rates;
       ``(16) how the local educational agency will address school 
     climate issues, which may include identifying and improving 
     performance on school climate indicators related to student 
     achievement and providing technical assistance to schools;
       ``(17) how the local educational agency will provide 
     opportunities for the enrollment, attendance, and success of 
     expectant and parenting students and the services the local 
     educational agency will provide expectant and parenting 
     students;
       ``(18) if determined appropriate by the local educational 
     agency, how such agency will support programs that promote 
     integrated academic and career and technical education 
     content through coordinated instructional strategies, that 
     may incorporate experiential learning opportunities; and
       ``(19) any other information on how the local educational 
     agency proposes to use funds to meet the purposes of this 
     part, and

[[Page S4706]]

     that the local educational agency determines appropriate to 
     provide, which may include how the local educational agency 
     will--
       ``(A) assist schools in identifying and serving gifted and 
     talented students; and
       ``(B) encourage the offering of a variety of well-rounded 
     education experiences to students.
       ``(c) Assurances.--Each local educational agency plan shall 
     provide assurances that the local educational agency will--
       ``(1) ensure that migratory children and formerly migratory 
     children who are eligible to receive services under this part 
     are selected to receive such services on the same basis as 
     other children who are selected to receive services under 
     this part;
       ``(2) provide services to eligible children attending 
     private elementary schools and secondary schools in 
     accordance with section 1116, and timely and meaningful 
     consultation with private school officials regarding such 
     services;
       ``(3) participate, if selected, in the National Assessment 
     of Educational Progress in reading and mathematics in grades 
     4 and 8 carried out under section 303(b)(3) of the National 
     Assessment of Educational Progress Authorization Act;
       ``(4) coordinate and integrate services provided under this 
     part with other educational services at the local educational 
     agency or individual school level, such as services for 
     English learners, children with disabilities, migratory 
     children, American Indian, Alaska Native, and Native Hawaiian 
     children, and homeless children, in order to increase program 
     effectiveness, eliminate duplication, and reduce 
     fragmentation of the instructional program;
       ``(5) collaborate with the State or local child welfare 
     agency and, by not later than 1 year after the date of 
     enactment of the Every Child Achieves Act of 2015, develop 
     and implement clear written procedures governing how 
     transportation to maintain children in foster care in their 
     school of origin when in their best interest will be 
     provided, arranged, and funded for the duration of the time 
     in foster care, which procedures shall--
       ``(A) ensure that children in foster care needing 
     transportation to the school of origin will promptly receive 
     transportation in a cost-effective manner and in accordance 
     with section 475(4)(A) of the Social Security Act (42 U.S.C. 
     675(4)(A)); and
       ``(B) ensure that, if there are additional costs incurred 
     in providing transportation to maintain children in foster 
     care in their schools of origin, the local educational agency 
     will provide transportation to the school of origin if--
       ``(i) the local child welfare agency agrees to reimburse 
     the local educational agency for the cost of such 
     transportation;
       ``(ii) the local educational agency agrees to pay for the 
     cost of such transportation; or
       ``(iii) the local educational agency and the local child 
     welfare agency agree to share the cost of such 
     transportation; and
       ``(6) designate a point of contact if the corresponding 
     child welfare agency notifies the local educational agency, 
     in writing, that the agency has designated an employee to 
     serve as a point of contact for the local educational agency.
       ``(d) Parents Right-to-know.--
       ``(1) Teacher qualifications.--
       ``(A) In general.--At the beginning of each school year, a 
     local educational agency that receives funds under this part 
     shall notify the parents of each student attending any school 
     receiving funds under this part that the parents may request, 
     and the agency will provide the parents on request (and in a 
     timely manner), information regarding the professional 
     qualifications of the student's classroom teachers, including 
     at a minimum, the following:
       ``(i) Whether the teacher has met State qualification and 
     licensing criteria for the grade levels and subject areas in 
     which the teacher provides instruction.
       ``(ii) Whether the teacher is teaching under emergency or 
     other provisional status through which State qualification or 
     licensing criteria have been waived.
       ``(iii) The field of discipline of the certification of the 
     teacher.
       ``(iv) Whether the child is provided services by 
     paraprofessionals and, if so, their qualifications.
       ``(B) Additional information.--In addition to the 
     information that parents may request under subparagraph (A), 
     a school that receives funds under this part shall provide to 
     each individual parent of a child who is a student in such 
     school, with respect to such student--
       ``(i) information on the level of achievement and academic 
     growth of the student, if applicable and available, on each 
     of the State academic assessments required under this part; 
     and
       ``(ii) timely notice that the student has been assigned, or 
     has been taught for 4 or more consecutive weeks by, a teacher 
     who does not meet applicable State certification or licensure 
     requirements at the grade level and subject area in which the 
     teacher has been assigned.
       ``(2) Language instruction.--
       ``(A) Notice.--Each local educational agency using funds 
     under this part or title III to provide a language 
     instruction educational program as determined under title III 
     shall, not later than 30 days after the beginning of the 
     school year, inform a parent or parents of a child who is an 
     English learner identified for participation or participating 
     in such a program, of--
       ``(i) the reasons for the identification of their child as 
     an English learner and in need of placement in a language 
     instruction educational program;
       ``(ii) the child's level of English proficiency, how such 
     level was assessed, and the status of the child's academic 
     achievement;
       ``(iii) the methods of instruction used in the program in 
     which their child is, or will be, participating and the 
     methods of instruction used in other available programs, 
     including how such programs differ in content, instructional 
     goals, and the use of English and a native language in 
     instruction;
       ``(iv) how the program in which their child is, or will be, 
     participating will meet the educational strengths and needs 
     of their child;
       ``(v) how such program will specifically help their child 
     learn English and meet age-appropriate academic achievement 
     standards for grade promotion and graduation;
       ``(vi) the specific exit requirements for the program, 
     including the expected rate of transition from such program 
     into classrooms that are not tailored for children who are 
     English learners, and the expected rate of graduation from 
     high school (including 4-year adjusted cohort graduation 
     rates and extended-year adjusted cohort graduation rates for 
     such program) if funds under this part are used for children 
     in high schools;
       ``(vii) in the case of a child with a disability, how such 
     program meets the objectives of the individualized education 
     program of the child, as described in section 614(d) of the 
     Individuals with Disabilities Education Act; and
       ``(viii) information pertaining to parental rights that 
     includes written guidance--

       ``(I) detailing the right that parents have to have their 
     child immediately removed from such program upon their 
     request;
       ``(II) detailing the options that parents have to decline 
     to enroll their child in such program or to choose another 
     program or method of instruction, if available; and
       ``(III) assisting parents in selecting among various 
     programs and methods of instruction, if more than 1 program 
     or method is offered by the eligible entity.

       ``(B) Special rule applicable during the school year.--For 
     those children who have not been identified as English 
     learners prior to the beginning of the school year but are 
     identified as English learners during such school year, the 
     local educational agency shall notify the children's parents 
     during the first 2 weeks of the child being placed in a 
     language instruction educational program consistent with 
     subparagraph (A).
       ``(C) Parental participation.--Each local educational 
     agency receiving funds under this part and title III shall 
     implement an effective means of outreach to parents of 
     children who are English learners to inform the parents how 
     the parents can be involved in the education of their 
     children, and be active participants in assisting their 
     children to attain English proficiency, achieve at high 
     levels in core academic subjects, and meet the challenging 
     State academic standards expected of all students, including 
     holding, and sending notice of opportunities for, regular 
     meetings for the purpose of formulating and responding to 
     recommendations from parents of students assisted under this 
     part and title III.
       ``(D) Basis for admission or exclusion.--A student shall 
     not be admitted to, or excluded from, any federally assisted 
     education program on the basis of a surname or language-
     minority status.
       ``(3) Notice and format.--The notice and information 
     provided to parents under this subsection shall be in an 
     understandable and uniform format and, to the extent 
     practicable, provided in a language that the parents can 
     understand.

     ``SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS; SCHOOLWIDE 
                   PROGRAMS; TARGETED ASSISTANCE PROGRAMS.

       ``(a) Eligible School Attendance Areas.--
       ``(1) Determination.--
       ``(A) In general.--A local educational agency shall use 
     funds received under this part only in eligible school 
     attendance areas.
       ``(B) Eligible school attendance areas.--In this part--
       ``(i) the term `school attendance area' means, in relation 
     to a particular school, the geographical area in which the 
     children who are normally served by that school reside; and
       ``(ii) the term `eligible school attendance area' means a 
     school attendance area in which the percentage of children 
     from low-income families is at least as high as the 
     percentage of children from low-income families served by the 
     local educational agency as a whole.
       ``(C) Ranking order.--
       ``(i) In general.--Except as provided in clause (ii), if 
     funds allocated in accordance with paragraph (3) are 
     insufficient to serve all eligible school attendance areas, a 
     local educational agency shall--

       ``(I) annually rank, without regard to grade spans, such 
     agency's eligible school attendance areas in which the 
     concentration of children from low-income families exceeds 75 
     percent, or exceeds 50 percent in the case of the high 
     schools served by such agency, from highest to lowest 
     according to the percentage of children from low-income 
     families; and
       ``(II) serve such eligible school attendance areas in rank 
     order.

[[Page S4707]]

       ``(ii) Rule of construction.--Nothing in this subparagraph 
     shall be construed as requiring a local educational agency to 
     reduce, in order to comply with clause (i), the amount of 
     funding provided under this part to elementary schools and 
     middle schools from the amount of funding provided under this 
     part to such schools for the fiscal year preceding the date 
     of enactment of the Every Child Achieves Act of 2015 in order 
     to provide funding under this part to high schools pursuant 
     to clause (i).
       ``(D) Remaining funds.--If funds remain after serving all 
     eligible school attendance areas under subparagraph (C), a 
     local educational agency shall--
       ``(i) annually rank such agency's remaining eligible school 
     attendance areas from highest to lowest either by grade span 
     or for the entire local educational agency according to the 
     percentage of children from low-income families; and
       ``(ii) serve such eligible school attendance areas in rank 
     order either within each grade-span grouping or within the 
     local educational agency as a whole.
       ``(E) Measures.--
       ``(i) In general.--Except as provided in clause (ii), a 
     local educational agency shall use the same measure of 
     poverty, which measure shall be the number of children aged 5 
     through 17 in poverty counted in the most recent census data 
     approved by the Secretary, the number of children eligible 
     for a free or reduced price lunch under the Richard B. 
     Russell National School Lunch Act, the number of children in 
     families receiving assistance under the State program funded 
     under part A of title IV of the Social Security Act, or the 
     number of children eligible to receive medical assistance 
     under the Medicaid program established under title XIX of the 
     Social Security Act, or a composite of such indicators, with 
     respect to all school attendance areas in the local 
     educational agency--

       ``(I) to identify eligible school attendance areas;
       ``(II) to determine the ranking of each area; and
       ``(III) to determine allocations under paragraph (3).

       ``(ii) Secondary schools.--For measuring the number of 
     students in low-income families in secondary schools, the 
     local educational agency shall use the same measure of 
     poverty, which shall be--

       ``(I) the calculation described under clause (i); or
       ``(II) an accurate estimate of the number of students in 
     low-income families in a secondary school that is calculated 
     by applying the average percentage of students in low-income 
     families of the elementary school attendance areas as 
     calculated under clause (i) that feed into the secondary 
     school to the number of students enrolled in such school.

       ``(F) Exception.--This subsection shall not apply to a 
     local educational agency with a total enrollment of less than 
     1,000 children.
       ``(G) Waiver for desegregation plans.--The Secretary may 
     approve a local educational agency's written request for a 
     waiver of the requirements of this paragraph and paragraph 
     (3) and permit such agency to treat as eligible, and serve, 
     any school that children attend with a State-ordered, court-
     ordered school desegregation plan or a plan that continues to 
     be implemented in accordance with a State-ordered or court-
     ordered desegregation plan, if--
       ``(i) the number of economically disadvantaged children 
     enrolled in the school is at least 25 percent of the school's 
     total enrollment; and
       ``(ii) the Secretary determines, on the basis of a written 
     request from such agency and in accordance with such criteria 
     as the Secretary establishes, that approval of that request 
     would further the purposes of this part.
       ``(2) Local educational agency discretion.--
       ``(A) In general.--Notwithstanding paragraph (1)(B), a 
     local educational agency may--
       ``(i) designate as eligible any school attendance area or 
     school in which at least 35 percent of the children are from 
     low-income families;
       ``(ii) use funds received under this part in a school that 
     is not in an eligible school attendance area, if the 
     percentage of children from low-income families enrolled in 
     the school is equal to or greater than the percentage of such 
     children in a participating school attendance area of such 
     agency;
       ``(iii) designate and serve a school attendance area or 
     school that is not eligible under this section, but that was 
     eligible and that was served in the preceding fiscal year, 
     but only for 1 additional fiscal year; and
       ``(iv) elect not to serve an eligible school attendance 
     area or eligible school that has a higher percentage of 
     children from low-income families if--

       ``(I) the school meets the comparability requirements of 
     section 1117(c);
       ``(II) the school is receiving supplemental funds from 
     other State or local sources that are spent according to the 
     requirements of this section; and
       ``(III) the funds expended from such other sources equal or 
     exceed the amount that would be provided under this part.

       ``(B) Special rule.--Notwithstanding subparagraph (A)(iv), 
     the number of children attending private elementary schools 
     and secondary schools who are to receive services, and the 
     assistance such children are to receive under this part, 
     shall be determined without regard to whether the public 
     school attendance area in which such children reside is 
     assisted under subparagraph (A).
       ``(3) Allocations.--
       ``(A) In general.--A local educational agency shall 
     allocate funds received under this part to eligible school 
     attendance areas or eligible schools, identified under 
     paragraphs (1) and (2) in rank order, on the basis of the 
     total number of children from low-income families in each 
     area or school.
       ``(B) Special rule.--
       ``(i) In general.--Except as provided in clause (ii), the 
     per-pupil amount of funds allocated to each school attendance 
     area or school under subparagraph (A) shall be at least 125 
     percent of the per-pupil amount of funds a local educational 
     agency received for that year under the poverty criteria 
     described by the local educational agency in the plan 
     submitted under section 1112, except that this clause shall 
     not apply to a local educational agency that only serves 
     schools in which the percentage of such children is 35 
     percent or greater.
       ``(ii) Exception.--A local educational agency may reduce 
     the amount of funds allocated under clause (i) for a school 
     attendance area or school by the amount of any supplemental 
     State and local funds expended in that school attendance area 
     or school for programs that meet the requirements of this 
     section.
       ``(4) Reservation of funds.--
       ``(A) In general.--A local educational agency shall reserve 
     such funds as are necessary under this part to provide 
     services comparable to those provided to children in schools 
     funded under this part to serve--
       ``(i) homeless children, including providing educationally 
     related support services to children in shelters and other 
     locations where children may live;
       ``(ii) children in local institutions for neglected 
     children; and
       ``(iii) if appropriate, children in local institutions for 
     delinquent children, and neglected or delinquent children in 
     community day programs.
       ``(B) Homeless children and youth.--Funds reserved under 
     subparagraph (A)(i) may be--
       ``(i) determined based on a needs assessment of homeless 
     children and youths in the local educational agency, as 
     conducted under section 723(b)(1) of the McKinney-Vento 
     Homeless Assistance Act; and
       ``(ii) used to provide homeless children and youths with 
     services not ordinarily provided to other students under this 
     part, including providing--

       ``(I) funding for the liaison designated pursuant to 
     section 722(g)(1)(J)(ii) of such Act; and
       ``(II) transportation pursuant to section 722(g)(1)(J)(iii) 
     of such Act.

       ``(5) Early childhood education.--A local educational 
     agency may reserve funds made available to carry out this 
     section to provide early childhood education programs for 
     eligible children.
       ``(b) Schoolwide Programs and Targeted Assistance 
     Schools.--
       ``(1) In general.--For each school that will receive funds 
     under this part, the local educational agency shall determine 
     whether the school shall operate a schoolwide program 
     consistent with subsection (c) or a targeted assistance 
     school program consistent with subsection (d).
       ``(2) Needs assessment.--The determination under paragraph 
     (1) shall be--
       ``(A) based on a comprehensive needs assessment of the 
     entire school that takes into account information on the 
     academic achievement of children in relation to the 
     challenging State academic standards under section 
     1111(b)(1), particularly the needs of those children who are 
     failing, or are at-risk of failing, to meet the challenging 
     State academic standards and any other factors as determined 
     by the local educational agency; and
       ``(B) conducted with the participation of individuals who 
     would carry out the schoolwide plan, including those 
     individuals under subsection (c)(2)(B).
       ``(3) Coordination.--The needs assessment under paragraph 
     (2) may be undertaken as part of other related needs 
     assessments under this Act.
       ``(c) Schoolwide Programs.--
       ``(1) In general.--
       ``(A) Eligibility.--A local educational agency may 
     consolidate and use funds under this part, together with 
     other Federal, State, and local funds, in order to upgrade 
     the entire educational program of a school that serves an 
     eligible school attendance area in which not less than 40 
     percent of the children are from low-income families, or not 
     less than 40 percent of the children enrolled in the school 
     are from such families.
       ``(B) Exception.--A school that serves an eligible school 
     attendance area in which less than 40 percent of the children 
     are from low-income families, or a school for which less than 
     40 percent of the children enrolled in the school are from 
     such families, may operate a schoolwide program under this 
     section if--
       ``(i) the local educational agency in which the school is 
     located allows such school to do so; and
       ``(ii) the results of the comprehensive needs assessment 
     conducted under subsection (b)(2) determine a schoolwide 
     program will best serve the needs of the students in the 
     school served under this part in improving academic 
     achievement and other factors.
       ``(2) Schoolwide program plan.--An eligible school 
     operating a schoolwide program

[[Page S4708]]

     shall develop a comprehensive plan, in consultation with the 
     local educational agency, tribes and tribal organizations 
     present in the community, and other individuals as determined 
     by the school, that--
       ``(A) is developed during a 1-year period, unless--
       ``(i) the local educational agency determines in 
     consultation with the school that less time is needed to 
     develop and implement the schoolwide program; or
       ``(ii) the school is operating a schoolwide program on the 
     day before the date of enactment of the Every Child Achieves 
     Act of 2015, in which case such school may continue to 
     operate such program, but shall develop amendments to its 
     existing plan during the first year of assistance after that 
     date to reflect the provisions of this section;
       ``(B) is developed with the involvement of parents and 
     other members of the community to be served and individuals 
     who will carry out such plan, including teachers, principals, 
     other school leaders, paraprofessionals present in the 
     school, and administrators (including administrators of 
     programs described in other parts of this title), and, if 
     appropriate, specialized instructional support personnel, 
     technical assistance providers, school staff, and students;
       ``(C) remains in effect for the duration of the school's 
     participation under this part, except that the plan and the 
     implementation of, and results achieved by, the schoolwide 
     program shall be regularly monitored and revised as necessary 
     to ensure that students are meeting the challenging State 
     academic standards;
       ``(D) is available to the local educational agency, 
     parents, and the public, and the information contained in 
     such plan shall be in an understandable and uniform format 
     and, to the extent practicable, provided in a language that 
     the parents can understand;
       ``(E) if appropriate and applicable, developed in 
     coordination and integration with other Federal, State, and 
     local services, resources, and programs, such as programs 
     supported under this Act, violence prevention programs, 
     nutrition programs, housing programs, Head Start programs, 
     adult education programs, career and technical education 
     programs, and interventions and supports for schools 
     identified as in need of intervention and support under 
     section 1114; and
       ``(F) includes a description of--
       ``(i) the results of the comprehensive needs assessments of 
     the entire school required under subsection (b)(2);
       ``(ii) the strategies that the school will be implementing 
     to address school needs, including a description of how such 
     strategies will--

       ``(I) provide opportunities for all children, including 
     each of the categories of students, as defined in section 
     1111(b)(3)(A), to meet the challenging State academic 
     standards under section 1111(b)(1);
       ``(II) use evidence-based methods and instructional 
     strategies that strengthen the academic program in the 
     school, increase the amount and quality of learning time, and 
     help provide an enriched and accelerated curriculum;
       ``(III) address the needs of all children in the school, 
     but particularly the needs of those at risk of not meeting 
     the challenging State academic standards, which may include--

       ``(aa) counseling, specialized instructional support 
     services, and mentoring services;
       ``(bb) preparation for and awareness of opportunities for 
     postsecondary education and the workforce, including career 
     and technical education programs, which may include 
     broadening secondary school students' access to coursework to 
     earn postsecondary credit while still in high school, such as 
     Advanced Placement and International Baccalaureate courses 
     and examinations, and dual or concurrent enrollment and early 
     college high schools;
       ``(cc) implementation of a schoolwide multi-tiered system 
     of supports, including positive behavioral interventions and 
     supports and early intervening services, including through 
     coordination with such activities and services carried out 
     under the Individuals with Disabilities Education Act;
       ``(dd) implementation of supports for teachers and other 
     school personnel, which may include professional development 
     and other activities to improve instruction, activities to 
     recruit and retain effective teachers, particularly in high-
     need schools, and using data from academic assessments under 
     section 1111(b)(2) and other formative and summative 
     assessments to improve instruction;
       ``(ee) programs, activities, and courses in the core 
     academic subjects to assist children in meeting the 
     challenging State academic standards; and
       ``(ff) other strategies to improve student's academic and 
     nonacademic skills essential for success; and

       ``(IV) be monitored and improved over time based on student 
     needs, including increased supports for those students who 
     are lowest-achieving;

       ``(iii) if programs are consolidated, the specific State 
     educational agency and local educational agency programs and 
     other Federal programs that will be consolidated in the 
     schoolwide program; and
       ``(iv) if appropriate, how funds will be used to establish 
     or enhance early childhood education programs for children 
     who are aged 5 or younger, including how programs will help 
     transition such children to local elementary school programs.
       ``(3) Identification of students not required.--
       ``(A) In general.--No school participating in a schoolwide 
     program shall be required to identify--
       ``(i) particular children under this part as eligible to 
     participate in a schoolwide program; or
       ``(ii) individual services as supplementary.
       ``(B) Supplemental funds.--In accordance with the method of 
     determination described in section 1117, a school 
     participating in a schoolwide program shall use funds 
     available to carry out this paragraph only to supplement the 
     amount of funds that would, in the absence of funds under 
     this part, be made available from non-Federal sources for the 
     school, including funds needed to provide services that are 
     required by law for children with disabilities and children 
     who are English learners.
       ``(4) Exemption from statutory and regulatory 
     requirements.--
       ``(A) Exemption.--The Secretary may, through publication of 
     a notice in the Federal Register, exempt schoolwide programs 
     under this section from statutory or regulatory provisions of 
     any other noncompetitive formula grant program administered 
     by the Secretary (other than formula or discretionary grant 
     programs under the Individuals with Disabilities Education 
     Act, except as provided in section 613(a)(2)(D) of such Act), 
     or any discretionary grant program administered by the 
     Secretary, to support schoolwide programs if the intent and 
     purposes of such other programs are met.
       ``(B) Requirements.--A school that chooses to use funds 
     from such other programs shall not be relieved of the 
     requirements relating to health, safety, civil rights, 
     student and parental participation and involvement, services 
     to private school children, comparability of services, 
     maintenance of effort, uses of Federal funds to supplement, 
     not supplant non-Federal funds (in accordance with the method 
     of determination described in section 1117), or the 
     distribution of funds to State educational agencies or local 
     educational agencies that apply to the receipt of funds from 
     such programs.
       ``(C) Records.--A school that chooses to consolidate and 
     use funds from different Federal programs under this 
     paragraph shall not be required to maintain separate fiscal 
     accounting records, by program, that identify the specific 
     activities supported by those particular funds as long as the 
     school maintains records that demonstrate that the schoolwide 
     program, considered as a whole, addresses the intent and 
     purposes of each of the Federal programs that were 
     consolidated to support the schoolwide program.
       ``(5) Preschool programs.--A school that operates a 
     schoolwide program under this subsection may use funds made 
     available under this part to establish, expand, or enhance 
     preschool programs for children aged 5 or younger.
       ``(d) Targeted Assistance School Programs.--
       ``(1) In general.--Each school selected to receive funds 
     under subsection (a)(3) for which the local educational 
     agency serving such school, based on the results of the 
     comprehensive needs assessment conducted under subsection 
     (b)(2), determines that the school will operate a targeted 
     assistance school program, may use funds received under this 
     part only for programs that provide services to eligible 
     children under paragraph (3)(A)(ii) who are identified as 
     having the greatest need for special assistance.
       ``(2) Targeted assistance school program.--Each school 
     operating a targeted assistance school program shall develop 
     a plan, in consultation with the local educational agency and 
     other individuals as determined by the school, that 
     includes--
       ``(A) a description of the results of the comprehensive 
     needs assessments of the entire school required under 
     subsection (b)(2);
       ``(B) a description of the process for determining which 
     students will be served and the students to be served;
       ``(C) a description of how the activities supported under 
     this part will be coordinated with and incorporated into the 
     regular education program of the school;
       ``(D) a description of how the program will serve 
     participating students identified under paragraph (3)(A)(ii), 
     including by--
       ``(i) using resources under this part, such as support for 
     programs, activities, and courses in core academic subjects 
     to help participating children meet the challenging State 
     academic standards;
       ``(ii) using methods and instructional strategies that are 
     evidence-based to strengthen the core academic program of the 
     school and that may include--

       ``(I) expanded learning time, before- and after-school 
     programs, and summer programs and opportunities; or
       ``(II) a multi-tiered system of supports, positive 
     behavioral interventions and supports, and early intervening 
     services;

       ``(iii) coordinating with and supporting the regular 
     education program, which may include services to assist 
     preschool children in the transition from early childhood 
     education programs such as Head Start, the literacy program 
     under part D of title II, or State-run preschool programs to 
     elementary school programs;
       ``(iv) supporting effective teachers, principals, other 
     school leaders, paraprofessionals, and, if appropriate, 
     specialized instructional support personnel, and other school 
     personnel who work with participating children in programs 
     under this subsection or in the regular education program

[[Page S4709]]

     with resources provided under this part, and, to the extent 
     practicable, from other sources, through professional 
     development;
       ``(v) implementing strategies to increase parental 
     involvement of parents of participating children in 
     accordance with section 1115; and
       ``(vi) if applicable, coordinating and integrating Federal, 
     State, and local services and programs, such as programs 
     supported under this Act, violence prevention programs, 
     nutrition programs, housing programs, Head Start programs, 
     adult education programs, career and technical education, and 
     intervention and supports in schools identified as in need of 
     intervention and support under section 1114; and
       ``(E) assurances that the school will--
       ``(i) help provide an accelerated, high-quality curriculum;
       ``(ii) minimize removing children from the regular 
     classroom during regular school hours for instruction 
     provided under this part; and
       ``(iii) on an ongoing basis, review the progress of 
     participating children and revise the plan under this 
     section, if necessary, to provide additional assistance to 
     enable such children to meet the challenging State academic 
     standards.
       ``(3) Eligible children.--
       ``(A) Eligible population.--
       ``(i) In general.--The eligible population for services 
     under this subsection shall be--

       ``(I) children not older than age 21 who are entitled to a 
     free public education through grade 12; and
       ``(II) children who are not yet at a grade level at which 
     the local educational agency provides a free public 
     education.

       ``(ii) Eligible children from eligible population.--From 
     the population described in clause (i), eligible children are 
     children identified by the school as failing, or most at risk 
     of failing, to meet the challenging State academic standards 
     on the basis of multiple, educationally related, objective 
     criteria established by the local educational agency and 
     supplemented by the school, except that children from 
     preschool through grade 2 shall be selected solely on the 
     basis of criteria, including objective criteria, established 
     by the local educational agency and supplemented by the 
     school.
       ``(B) Children included.--
       ``(i) In general.--Children who are economically 
     disadvantaged, children with disabilities, migrant children, 
     or children who are English learners, are eligible for 
     services under this subsection on the same basis as other 
     children selected to receive services under this subsection.
       ``(ii) Head start and preschool children.--A child who, at 
     any time in the 2 years preceding the year for which the 
     determination is made, participated in a Head Start program, 
     the literacy program under part D of title II, or in 
     preschool services under this title, is eligible for services 
     under this subsection.
       ``(iii) Migrant children.--A child who, at any time in the 
     2 years preceding the year for which the determination is 
     made, received services under part C is eligible for services 
     under this subsection.
       ``(iv) Neglected or delinquent children.--A child in a 
     local institution for neglected or delinquent children and 
     youth or attending a community day program for such children 
     is eligible for services under this subsection.
       ``(v) Homeless children.--A child who is homeless and 
     attending any school served by the local educational agency 
     is eligible for services under this subsection.
       ``(C) Special rule.--Funds received under this subsection 
     may not be used to provide services that are otherwise 
     required by law to be made available to children described in 
     subparagraph (B) but may be used to coordinate or supplement 
     such services.
       ``(4) Integration of professional development.--To promote 
     the integration of staff supported with funds under this 
     subsection into the regular school program and overall school 
     planning and improvement efforts, public school personnel who 
     are paid with funds received under this subsection may--
       ``(A) participate in general professional development and 
     school planning activities; and
       ``(B) assume limited duties that are assigned to similar 
     personnel who are not so paid, including duties beyond 
     classroom instruction or that do not benefit participating 
     children, so long as the amount of time spent on such duties 
     is the same proportion of total work time as prevails with 
     respect to similar personnel at the same school.
       ``(5) Special rules.--
       ``(A) Simultaneous service.--Nothing in this subsection 
     shall be construed to prohibit a school from serving students 
     under this subsection simultaneously with students with 
     similar educational needs, in the same educational settings 
     where appropriate.
       ``(B) Comprehensive services.--If health, nutrition, and 
     other social services are not otherwise available to eligible 
     children in a school operating a targeted assistance school 
     program and such school, if appropriate, has established a 
     collaborative partnership with local service providers and 
     funds are not reasonably available from other public or 
     private sources to provide such services, then a portion of 
     the funds provided under this subsection may be used to 
     provide such services, including through--
       ``(i) the provision of basic medical equipment and 
     services, such as eyeglasses and hearing aids;
       ``(ii) compensation of a coordinator;
       ``(iii) family support and engagement services;
       ``(iv) health care services and integrated student supports 
     to address the physical, mental, and emotional well-being of 
     children; and
       ``(v) professional development necessary to assist 
     teachers, specialized instructional support personnel, other 
     staff, and parents in identifying and meeting the 
     comprehensive needs of eligible children.
       ``(e) Prohibition.--Nothing in this section shall be 
     construed to authorize the Secretary or any other officer or 
     employee of the Federal Government to require a local 
     educational agency or school to submit the results of a 
     comprehensive needs assessment under subsection (b)(2) or a 
     plan under subsection (c) or (d) for review or approval by 
     the Secretary.

     ``SEC. 1114. SCHOOL IDENTIFICATION, INTERVENTIONS, AND 
                   SUPPORTS.

       ``(a) State Review and Responsibilities.--
       ``(1) In general.--Each State educational agency receiving 
     funds under this part shall use the system designed by the 
     State under section 1111(b)(3) to annually--
       ``(A) identify the public schools that receive funds under 
     this part and are in need of intervention and support using 
     the method established by the State in section 
     1111(b)(3)(B)(iii);
       ``(B) require for inclusion--
       ``(i) on each local educational agency report card required 
     under section 1111(d), the names of schools served by the 
     agency identified under subparagraph (A); and
       ``(ii) on each school report card required under section 
     1111(d), whether the school was identified under subparagraph 
     (A);
       ``(C) ensure that all public schools that receive funds 
     under this part and are identified as in need of intervention 
     and support under subparagraph (A), implement an evidence-
     based intervention or support strategy designed by the State 
     or local educational agency described in subparagraph (A) or 
     (B) of subsection (b)(3);
       ``(D) prioritize intervention and supports in the 
     identified schools most in need of intervention and support, 
     as determined by the State, using the results of the 
     accountability system under 1111(b)(3)(B)(iii); and
       ``(E) monitor and evaluate the implementation of school 
     intervention and support strategies by local educational 
     agencies, including in the lowest-performing elementary 
     schools and secondary schools in the State, and use the 
     results of the evaluation to take appropriate steps to change 
     or improve interventions or support strategies as necessary.
       ``(2) State educational agency discretion.--Notwithstanding 
     paragraph (1)(A), a State educational agency may--
       ``(A) identify any middle school or high school as in need 
     of intervention and support if at least 40 percent of the 
     children served by such school are from low-income families 
     (as measured under section 1113(a)(1)(E)(ii)); and
       ``(B) use funds provided under subsection (c) to assist 
     such school consistent with such subsection.
       ``(3) State educational agency responsibilities.--The State 
     educational agency shall--
       ``(A) make technical assistance available to local 
     educational agencies that serve schools identified as in need 
     of intervention and support under paragraph (1)(A);
       ``(B) if the State educational agency determines that a 
     local educational agency failed to carry out its 
     responsibilities under this section, take such actions as the 
     State educational agency determines to be appropriate and in 
     compliance with State law to assist the local educational 
     agency and ensure that such local educational agency is 
     carrying out its responsibilities;
       ``(C) inform local educational agencies of schools 
     identified as in need of intervention and support under 
     paragraph (1)(A) in a timely and easily accessible manner 
     that is before the beginning of the school year; and
       ``(D) publicize and disseminate to the public, including 
     teachers, principals and other school leaders, and parents, 
     the results of the State review under paragraph (1).
       ``(b) Local Educational Agency Review and 
     Responsibilities.--
       ``(1) In general.--Each local educational agency with a 
     school identified as in need of intervention and support 
     under subsection (a)(1)(A) shall, in consultation with 
     teachers, principals and other school leaders, school 
     personnel, parents, and community members--
       ``(A) conduct a review of such school, including by 
     examining the indicators and measures included in the State-
     determined accountability system described in section 
     1111(b)(3)(B) to determine the factors that led to such 
     identification;
       ``(B) conduct a review of the agency's policies, 
     procedures, personnel decisions, and budgetary decisions, 
     including the measures on the local educational agency and 
     school report cards under section 1111(d) that impact the 
     school and could have contributed to the identification of 
     the school;
       ``(C) develop and implement appropriate intervention and 
     support strategies, as described in paragraph (3), that are 
     proportional to the identified needs of the school, for 
     assisting the identified school;
       ``(D) develop a rigorous comprehensive plan that will be 
     publicly available and provided to parents, for ensuring the 
     successful implementation of the intervention and support 
     strategies described in paragraph (3) in identified schools, 
     which may include--

[[Page S4710]]

       ``(i) technical assistance that will be provided to the 
     school;
       ``(ii) improved delivery of services to be provided by the 
     local educational agency;
       ``(iii) increased support for stronger curriculum, program 
     of instruction, wraparound services, or other resources 
     provided to students in the school;
       ``(iv) any changes to personnel necessary to improve 
     educational opportunities for children in the school;
       ``(v) redesigning how time for student learning or teacher 
     collaboration is used within the school;
       ``(vi) using data to inform instruction for continuous 
     improvement;
       ``(vii) providing increased coaching or support for 
     principals and other school leaders to have the knowledge and 
     skills to lead and implement efforts to improve schools and 
     to support teachers to improve instruction;
       ``(viii) improving school climate and safety;
       ``(ix) providing ongoing mechanisms for family and 
     community engagement to improve student learning; and
       ``(x) establishing partnerships with entities, including 
     private entities with a demonstrated record of improving 
     student achievement, that will assist the local educational 
     agency in fulfilling its responsibilities under this section; 
     and
       ``(E) collect and use data on an ongoing basis to monitor 
     the results of the intervention and support strategies and 
     adjust such strategies as necessary during implementation in 
     order to improve student academic achievement.
       ``(2) Notice to parents.--A local educational agency shall 
     promptly provide to a parent or parents of each student 
     enrolled in a school identified as in need of intervention 
     and support under subsection (a)(1)(A) in an easily 
     accessible and understandable form and, to the extent 
     practicable, in a language that parents can understand--
       ``(A) an explanation of what the identification means, and 
     how the school compares in terms of academic achievement and 
     other measures in the State accountability system under 
     section 1111(b)(3)(B) to other schools served by the local 
     educational agency and the State educational agency involved;
       ``(B) the reasons for the identification;
       ``(C) an explanation of what the local educational agency 
     or State educational agency is doing to help the school 
     address student academic achievement and other measures, 
     including a description of the intervention and support 
     strategies developed under paragraph (1)(C) that will be 
     implemented in the school;
       ``(D) an explanation of how the parents can become involved 
     in addressing academic achievement and other measures that 
     caused the school to be identified; and
       ``(E) an explanation of the parents' option to transfer 
     their child to another public school under paragraph (4), if 
     applicable.
       ``(3) School intervention and support strategies.--
       ``(A) In general.--Consistent with subsection (a)(1) and 
     paragraph (1), a local educational agency shall develop and 
     implement evidence-based intervention and support strategies 
     for an identified school that the local educational agency 
     determines appropriate to address the needs of students in 
     such identified school, which shall--
       ``(i) be designed to address the specific reasons for 
     identification, as described in subparagraphs (A) and (B) of 
     paragraph (1);
       ``(ii) be implemented, at a minimum, in a manner that is 
     proportional to the specific reasons for identification, as 
     described in subparagraphs (A) and (B) of paragraph (1); and
       ``(iii) distinguish between the lowest-performing schools 
     and other schools identified as in need of intervention and 
     support for other reasons, including schools with categories 
     of students, as defined in section 1111(b)(3)(A), not meeting 
     the goals described in section 1111(b)(3)(B)(i), as 
     determined by the review in subparagraphs (A) and (B) of 
     paragraph (1).
       ``(B) State determined strategies.--Consistent with State 
     law, a State educational agency may establish alternative 
     evidence-based State determined strategies that can be used 
     by local educational agencies to assist a school identified 
     as in need of intervention and support under subsection 
     (a)(1)(A), in addition to the assistance strategies developed 
     by a local educational agency under subparagraph (A).
       ``(4) Public school choice.--
       ``(A) In general.--A local educational agency may provide 
     all students enrolled in a school identified as in need of 
     intervention and support under subsection (a)(1)(A) with the 
     option to transfer to another public school served by the 
     local educational agency, unless such an option is prohibited 
     by State law.
       ``(B) Priority.--In providing students the option to 
     transfer to another public school, the local educational 
     agency shall give priority to the lowest-achieving children 
     from low-income families, as determined by the local 
     educational agency for the purposes of allocating funds to 
     schools under section 1113(a)(3).
       ``(C) Treatment.--Students who use the option to transfer 
     to another public school shall be enrolled in classes and 
     other activities in the public school to which the students 
     transfer in the same manner as all other children at the 
     public school.
       ``(D) Special rule.--A local educational agency shall 
     permit a child who transfers to another public school under 
     this paragraph to remain in that school until the child has 
     completed the highest grade in that school.
       ``(E) Funding for transportation.--A local educational 
     agency may spend an amount equal to not more than 5 percent 
     of its allocation under subpart 2 to pay for the provision of 
     transportation for students who transfer under this paragraph 
     to the public schools to which the students transfer.
       ``(5) Prohibitions on federal interference with state and 
     local decisions.--Nothing in this section shall be construed 
     to authorize or permit the Secretary to establish any 
     criterion that specifies, defines, or prescribes--
       ``(A) any school intervention or support strategy that 
     States or local educational agencies shall use to assist 
     schools identified as in need of intervention and support 
     under this section; or
       ``(B) the weight of any indicator or measure that a State 
     shall use to identify schools under subsection (a).
       ``(c) Funds for Local School Interventions and Supports.--
       ``(1) In general.--
       ``(A) Grants authorized.--From the total amount 
     appropriated under section 1002(f) for a fiscal year, the 
     Secretary shall award grants to States and the Bureau of 
     Indian Education of the Department of the Interior, through 
     an allotment as determined under subparagraph (B), to carry 
     out the activities described in this subsection.
       ``(B) Allotments.--From the total amount appropriated under 
     section 1002(f) for a fiscal year, the Secretary shall allot 
     to each State, the Bureau of Indian Education of the 
     Department of the Interior, and each outlying area for such 
     fiscal year with an approved application, an amount that 
     bears the same relationship to such total amount as the 
     amount such State, the Bureau of Indian Education of the 
     Department of the Interior, or such outlying area received 
     under parts A, C, and D of this title for the most recent 
     preceding fiscal year for which the data are available bears 
     to the amount received by all such States, the Bureau of 
     Indian Education of the Department of the Interior, and all 
     such outlying areas under parts A, C, and D of this title for 
     such most recent preceding fiscal year.
       ``(2) State application.--A State (including, for the 
     purpose of this paragraph, the Bureau of Indian Education) 
     that desires to receive school intervention and support funds 
     under this subsection shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require, which shall include a description of--
       ``(A) the process and the criteria that the State will use 
     to award subgrants under paragraph (4)(A), including how the 
     subgrants will serve schools identified by the State as the 
     lowest-performing schools under subsection (a)(1);
       ``(B) the process and the criteria the State will use to 
     determine whether the local educational agency's proposal for 
     serving each identified school meets the requirements of 
     paragraph (6) and other provisions of this section;
       ``(C) how the State will ensure that local educational 
     agencies conduct a comprehensive review of each identified 
     school as required under subsection (b) to identify evidence-
     based school intervention and support strategies that are 
     likely to be successful in each particular school;
       ``(D) how the State will ensure geographic diversity in 
     making subgrants;
       ``(E) how the State will set priorities in awarding 
     subgrants to local educational agencies, including how the 
     State will prioritize local educational agencies serving 
     elementary schools and secondary schools identified as the 
     lowest-performing schools under subsection (a)(1) that will 
     use subgrants to serve such schools;
       ``(F) how the State will monitor and evaluate the 
     implementation of evidence-based school intervention and 
     support strategies supported by funds under this subsection; 
     and
       ``(G) how the State will reduce barriers for schools in the 
     implementation of school intervention and support strategies, 
     including by providing operational flexibility that would 
     enable complete implementation of the selected school 
     intervention and support strategy.
       ``(3) State administration; technical assistance; 
     exception.--
       ``(A) In general.--A State that receives an allotment under 
     this subsection may reserve not more than a total of 5 
     percent of such allotment for the administration of this 
     subsection to carry out its responsibilities under subsection 
     (a)(3) to support school and local educational agency 
     interventions and supports, which may include activities 
     aimed at building State capacity to support and monitor the 
     local educational agency and school intervention and 
     supports.
       ``(B) Exception.--Notwithstanding subparagraph (A), a State 
     educational agency may reserve from the amount allotted under 
     this subsection additional funds to meet its responsibilities 
     under subsection (a)(3)(B) if a local educational agency 
     fails to carry out its responsibilities under subsection (b), 
     but shall not reserve more than necessary to meet such State 
     responsibilities.
       ``(4) Subgrants to local educational agencies.--
       ``(A) In general.--From the amounts awarded to a State 
     under this subsection, the State educational agency shall 
     allocate not less than 95 percent to make subgrants

[[Page S4711]]

     to local educational agencies, on a competitive basis, to 
     serve schools identified as in need of intervention and 
     support under subsection (a)(1)(A).
       ``(B) Duration.--The State educational agency shall award 
     subgrants under this paragraph for a period of not more than 
     5 years, which period may include a planning year.
       ``(C) Criteria.--Subgrants awarded under this section shall 
     be of sufficient size to enable a local educational agency to 
     effectively implement the selected intervention and support 
     strategy.
       ``(D) Rule of construction.--Nothing in this subsection 
     shall be construed as prohibiting a State from allocating 
     subgrants under this subsection to a statewide school 
     district, consortium of local educational agencies, or an 
     educational service agency that serves schools identified as 
     in need of intervention and support under this section, if 
     such entities are legally constituted or recognized as local 
     educational agencies in the State.
       ``(5) Application.--In order to receive a subgrant under 
     this subsection, a local educational agency shall submit an 
     application to the State educational agency at such time, in 
     such form, and including such information as the State 
     educational agency may require. Each application shall 
     include, at a minimum--
       ``(A) a description of the process the local educational 
     agency has used for selecting an appropriate evidence-based 
     school intervention and support strategy for each school to 
     be served, including how the local educational agency has 
     analyzed the needs of each such school in accordance with 
     subsection (b)(1) and meaningfully consulted with teachers, 
     principals, and other school leaders in selecting such 
     intervention and support strategy;
       ``(B) the specific evidence-based school interventions and 
     supports to be used in each school to be served, how these 
     interventions and supports will address the needs identified 
     in the review under subsection (b)(1), and the timeline for 
     implementing such school interventions and supports in each 
     school to be served;
       ``(C) a detailed budget covering the grant period, 
     including planned expenditures at the school level for 
     activities supporting full and effective implementation of 
     the selected school intervention and support strategy;
       ``(D) a description of how the local educational agency 
     will--
       ``(i) design and implement the selected school intervention 
     and support strategy, in accordance with the requirements of 
     subsection (b)(1)(C), including the use of appropriate 
     measures to monitor the effectiveness of implementation;
       ``(ii) use a rigorous review process to recruit, screen, 
     select, and evaluate any external partners with whom the 
     local educational agency will partner;
       ``(iii) align other Federal, State, and local resources 
     with the intervention and support strategy to reduce 
     duplication, increase efficiency, and assist identified 
     schools in complying with reporting requirements of Federal 
     and State programs;
       ``(iv) modify practices and policies, if necessary, to 
     provide operational flexibility that enables full and 
     effective implementation of the selected school intervention 
     and support strategy;
       ``(v) collect and use data on an ongoing basis to adjust 
     the intervention and support strategy during implementation, 
     and, if necessary, modify or implement a different strategy 
     if implementation is not effective, in order to improve 
     student academic achievement;
       ``(vi) ensure that the implementation of the intervention 
     and support strategy meets the needs of each of the 
     categories of students, as defined in section 1111(b)(3)(A);
       ``(vii) provide information to parents, guardians, 
     teachers, and other stakeholders about the effectiveness of 
     implementation, to the extent practicable, in a language that 
     the parents can understand; and
       ``(viii) sustain successful reforms and practices after the 
     funding period ends;
       ``(E) a description of the technical assistance and other 
     support that the local educational agency will provide to 
     ensure effective implementation of school intervention and 
     support strategies in identified schools, in accordance with 
     subsection (b)(1)(D), such as ensuring that identified 
     schools have access to resources like facilities, 
     professional development, and technology and adopting human 
     resource policies that prioritize recruitment, retention, and 
     placement of effective staff in identified schools; and
       ``(F) an assurance that each school the local educational 
     agency proposes to serve will receive all of the State and 
     local funds it would have received in the absence of funds 
     received under this subsection.
       ``(6) Local activities.--A local educational agency that 
     receives a subgrant under this subsection--
       ``(A) shall use the subgrant funds to implement evidence-
     based school intervention and support strategies consistent 
     with subsection (a)(1)(A); and
       ``(B) may use the subgrant funds to carry out, at the local 
     educational agency level, activities that directly support 
     the implementation of the intervention and support strategies 
     such as--
       ``(i) assistance in data collection and analysis;
       ``(ii) recruiting and retaining staff;
       ``(iii) high-quality, evidence-based professional 
     development;
       ``(iv) coordination of services to address students' non-
     academic needs; and
       ``(v) progress monitoring.
       ``(7) Reporting.--A State that receives funds under this 
     subsection shall report to the Secretary a list of all the 
     local educational agencies that received a subgrant under 
     this subsection and for each local educational agency that 
     received a subgrant, a list of all the schools that were 
     served, the amount of funds each school received, and the 
     intervention and support strategies implemented in each 
     school.
       ``(8) Supplement not supplant.--A local educational agency 
     or State shall use Federal funds received under this 
     subsection only to supplement the funds that would, in the 
     absence of such Federal funds, be made available from non-
     Federal sources for the education of students participating 
     in programs funded under this subsection.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to alter or otherwise affect the rights, 
     remedies, and procedures afforded school or school district 
     employees under Federal, State, or local laws (including 
     applicable regulations or court orders) or under the terms of 
     collective bargaining agreements, memoranda of understanding, 
     or other agreements between such employees and their 
     employers.'';
       (2) by striking section 1119; and
       (3) by redesignating sections 1118, 1120, 1120A, and 1120B 
     as sections 1115, 1116, 1117, and 1118, respectively.

     SEC. 1005. PARENT AND FAMILY ENGAGEMENT.

       Section 1115, as redesignated by section 1004(3), is 
     amended--
       (1) in the section heading, by striking ``parental 
     involvement'' and inserting ``parent and family engagement'';
       (2) in subsection (a)--
       (A) in paragraph (1)--
       (i) by inserting ``conducts outreach to all parents and 
     family members and'' after ``only if such agency''; and
       (ii) by inserting ``and family members'' after ``and 
     procedures for the involvement of parents'';
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A)--

       (I) by inserting ``and family members'' after ``, and 
     distribute to, parents'';
       (II) by striking ``written parent involvement policy'' and 
     inserting ``written parent and family engagement policy''; 
     and
       (III) by striking ``expectations for parent involvement'' 
     and inserting ``expectations and objectives for meaningful 
     parent and family involvement''; and

       (ii) by striking subparagraphs (A) through (F) and 
     inserting the following:
       ``(A) involve parents and family members in jointly 
     developing the local educational agency plan under section 
     1112 and the process of school review and intervention and 
     support under section 1114;
       ``(B) provide the coordination, technical assistance, and 
     other support necessary to assist and build the capacity of 
     all participating schools within the local educational agency 
     in planning and implementing effective parent and family 
     involvement activities to improve student academic 
     achievement and school performance, which may include 
     meaningful consultation with employers, business leaders, and 
     philanthropic organizations, or individuals with expertise in 
     effectively engaging parents and family members in education;
       ``(C) coordinate and integrate parent and family engagement 
     strategies under this part with parent and family engagement 
     strategies, to the extent feasible and appropriate, with 
     other relevant Federal, State, and local laws and programs;
       ``(D) conduct, with the meaningful involvement of parents 
     and family members, an annual evaluation of the content and 
     effectiveness of the parent and family engagement policy in 
     improving the academic quality of all schools served under 
     this part, including identifying--
       ``(i) barriers to greater participation by parents in 
     activities authorized by this section (with particular 
     attention to parents who are economically disadvantaged, are 
     disabled, are English learners, have limited literacy, or are 
     of any racial or ethnic minority background);
       ``(ii) the needs of parents and family members to assist 
     with the learning of their children, including engaging with 
     school personnel and teachers; and
       ``(iii) strategies to support successful school and family 
     interactions;
       ``(E) use the findings of such evaluation in subparagraph 
     (D) to design evidence-based strategies for more effective 
     parental involvement, and to revise, if necessary, the parent 
     and family engagement policies described in this section; and
       ``(F) involve parents in the activities of the schools 
     served under this part, which may include establishing a 
     parent advisory board comprised of a sufficient number and 
     representative group of parents or family members served by 
     the local educational agency to adequately represent the 
     needs of the population served by such agency for the 
     purposes of developing, revising, and reviewing the parent 
     and family engagement policy.''; and
       (C) in paragraph (3)--
       (i) in subparagraph (A), by striking ``to carry out this 
     section, including promoting family literacy and parenting 
     skills,'' and inserting ``to assist schools to carry out the 
     activities described in this section,'';

[[Page S4712]]

       (ii) in subparagraph (B), by striking ``(B) Parental 
     input.--Parents of children'' and inserting ``(B) Parent and 
     family member input.--Parents and family members of 
     children'';
       (iii) in subparagraph (C)--

       (I) by striking ``95 percent'' and inserting ``85 
     percent''; and
       (II) by inserting ``, with priority given to high-need 
     schools'' after ``schools served under this part''; and

       (iv) by adding at the end the following:
       ``(D) Use of funds.--Funds reserved under subparagraph (A) 
     by a local educational agency shall be used to carry out 
     activities and strategies consistent with the local 
     educational agency's parent and family engagement policy, 
     including not less than 1 of the following:
       ``(i) Supporting schools and nonprofit organizations in 
     providing professional development for local educational 
     agency and school personnel regarding parent and family 
     engagement strategies, which may be provided jointly to 
     teachers, school leaders, specialized instructional support 
     personnel, paraprofessionals, early childhood educators, and 
     parents and family members.
       ``(ii) Supporting home visitation programs.
       ``(iii) Disseminating information on best practices focused 
     on parent and family engagement, especially best practices 
     for increasing the engagement of economically disadvantaged 
     parents and family members.
       ``(iv) Collaborating or providing subgrants to schools to 
     enable such schools to collaborate with community-based or 
     other organizations or employers with a demonstrated record 
     of success in improving and increasing parent and family 
     engagement.
       ``(v) Engaging in any other activities and strategies that 
     the local educational agency determines are appropriate and 
     consistent with such agency's parent and family engagement 
     policy, which may include adult education and literacy 
     activities, as defined in section 203 of the Adult Education 
     and Family Literacy Act.'';
       (3) in subsection (b)--
       (A) in the subsection heading, by striking ``Parental 
     Involvement Policy'' and inserting ``Parental and Family 
     Engagement Policy'';
       (B) in paragraph (1)--
       (i) by inserting ``and family members'' after ``distribute 
     to, parents''; and
       (ii) by striking ``written parental involvement policy'' 
     and inserting ``written parent and family engagement 
     policy'';
       (C) in paragraph (2)--
       (i) by striking ``parental involvement policy'' and 
     inserting ``parent and family engagement policy''; and
       (ii) by inserting ``and family members'' after ``that 
     applies to all parents''; and
       (D) in paragraph (3)--
       (i) by striking ``school district-level parental 
     involvement policy'' and inserting ``district-level parent 
     and family engagement policy''; and
       (ii) by inserting ``and family members in all schools 
     served by the local educational agency'' after ``policy that 
     applies to all parents'';
       (4) in subsection (c)--
       (A) in paragraph (3), by striking ``parental involvement 
     policy'' and inserting ``parent and family engagement 
     policy'';
       (B) in paragraph (4)(B), by striking ``the proficiency 
     levels students are expected to meet'' and inserting ``the 
     achievement levels of the challenging State academic 
     standards''; and
       (C) in paragraph (5), by striking ``section 1114(b)(2)'' 
     and inserting ``section 1113(c)(2)'';
       (5) in subsection (d)--
       (A) in the matter preceding paragraph (1), by striking 
     ``parental involvement policy'' and inserting ``parent and 
     family engagement policy'';
       (B) in paragraph (1)--
       (i) by striking ``the State's student academic achievement 
     standards'' and inserting ``the challenging State academic 
     standards''; and
       (ii) by striking ``, such as monitoring attendance, 
     homework completion, and television watching''; and
       (C) in paragraph (2)--
       (i) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (C), by striking the period and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(D) ensuring regular two-way, meaningful communication 
     between family members and school staff, to the extent 
     practicable, in a language that family members can understand 
     and access.'';
       (6) in subsection (e)--
       (A) in paragraph (1), by striking ``the State's academic 
     content standards and State student academic achievement 
     standards'' and inserting ``the challenging State academic 
     standards'';
       (B) in paragraph (2), by striking ``technology'' and 
     inserting ``technology (including education about the harms 
     of copyright piracy)'';
       (C) in paragraph (3), by striking ``pupil services 
     personnel, principals'' and inserting ``specialized 
     instructional support personnel, principals, and other school 
     leaders''; and
       (D) in paragraph (4), by striking ``Head Start, Reading 
     First, Early Reading First, Even Start, the Home Instruction 
     Programs for Preschool Youngsters, the Parents as Teachers 
     Program,'' and inserting ``other relevant Federal, State, and 
     local laws,'';
       (7) by striking subsection (f) and inserting the following:
       ``(f) Accessibility.--In carrying out the parent and family 
     engagement requirements of this part, local educational 
     agencies and schools, to the extent practicable, shall 
     provide opportunities for the full and informed participation 
     of parents and family members (including parents and family 
     members who are English learners, parents and family members 
     with disabilities, and parents and family members of 
     migratory children), including providing information and 
     school reports required under section 1111 in a format and, 
     to the extent practicable, in a language such parents 
     understand.''; and
       (8) in subsection (h), by striking ``parental involvement 
     policies'' and inserting ``parent and family engagement 
     policies''.

     SEC. 1006. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 
                   SCHOOLS.

       Section 1116, as redesignated by section 1004(3), is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``section 1115(b)'' and inserting ``section 
     1113(d)(3)''; and
       (ii) by striking ``sections 1118 and 1119'' and inserting 
     ``section 1115''; and
       (B) by striking paragraph (4) and inserting the following:
       ``(4) Expenditures.--
       ``(A) In general.--Expenditures for educational services 
     and other benefits to eligible private school children shall 
     be equal to the proportion of funds allocated to 
     participating school attendance areas based on the number of 
     children from low-income families who attend private schools.
       ``(B) Term of determination.--The local educational agency 
     may determine the equitable share each year or every 2 years.
       ``(C) Method of determination.--The proportional share of 
     funds shall be determined--
       ``(i) based on the total allocation received by the local 
     educational agency; and
       ``(ii) prior to any allowable expenditures or transfers by 
     the local educational agency.''; and
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (E)--

       (I) by striking ``and'' before ``the proportion of funds''; 
     and
       (II) by inserting ``, and how that proportion of funds is 
     determined'' after ``such services'';

       (ii) in subparagraph (F), by striking ``section 
     1113(c)(1)'' and inserting ``section 1113(a)(3)'';
       (iii) in subparagraph (G), by striking ``and'' after the 
     semicolon;
       (iv) in subparagraph (H), by striking the period at the end 
     and inserting ``; and''; and
       (v) by adding at the end the following:

       ``(I) whether the agency shall provide services directly or 
     assign responsibility for the provision of services to a 
     separate government agency, consortium, or entity, or to a 
     third-party contractor.''; and

       (B) in paragraph (5)(A)--
       (i) by striking ``or'' before ``did not give due 
     consideration''; and
       (ii) by inserting ``, or did not make a decision that 
     treats the private school students equitably as required by 
     this section'' before the period at the end.

     SEC. 1007. SUPPLEMENT, NOT SUPPLANT.

       Section 1117, as redesignated by section 1004(3), is 
     amended by striking subsection (b) and inserting the 
     following:
       ``(b) Federal Funds to Supplement, Not Supplant, Non-
     Federal Funds.--
       ``(1) In general.--A State educational agency or local 
     educational agency shall use Federal funds received under 
     this part only to supplement the funds that would, in the 
     absence of such Federal funds, be made available from non-
     Federal sources for the education of students participating 
     in programs assisted under this part, and not to supplant 
     such funds.
       ``(2) Compliance.--To demonstrate compliance with paragraph 
     (1), a local educational agency shall demonstrate that the 
     methodology used to allocate State and local funds to each 
     school receiving assistance under this part ensures that such 
     school receives all of the State and local funds it would 
     otherwise receive if it were not receiving assistance under 
     this part.
       ``(3) Special rule.--No local educational agency shall be 
     required to--
       ``(A) identify that an individual cost or service supported 
     under this part is supplemental; and
       ``(B) provide services under this part through a particular 
     instructional method or in a particular instructional setting 
     in order to demonstrate such agency's compliance with 
     paragraph (1).
       ``(4) Prohibition.--Nothing in this section shall be 
     construed to authorize or permit the Secretary to establish 
     any criterion that specifies, defines, or prescribes the 
     specific methodology a local educational agency uses to 
     allocate State and local funds to each school receiving 
     assistance under this part.
       ``(5) Timeline.--A local educational agency--
       ``(A) shall meet the compliance requirement under paragraph 
     (2) not later than 2 years after the date of enactment of the 
     Every Child Achieves Act of 2015; and
       ``(B) may demonstrate compliance with the requirement under 
     paragraph (1) before the end of such 2-year period using the 
     method such local educational agency used on the day before 
     the date of enactment of the Every Child Achieves Act of 
     2015.''.

     SEC. 1008. COORDINATION REQUIREMENTS.

       Section 1118, as redesignated by section 1004(3), is 
     amended--

[[Page S4713]]

       (1) in subsection (a), by striking ``early childhood 
     development programs such as the Early Reading First 
     program'' and inserting ``, early childhood education 
     programs, including by developing agreements with such Head 
     Start agencies and other entities to carry out such 
     activities''; and
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``early childhood development programs, such as the Early 
     Reading First program,'' and inserting ``early childhood 
     education programs'';
       (B) in paragraph (1), by striking ``early childhood 
     development program such as the Early Reading First program'' 
     and inserting ``early childhood education program'';
       (C) in paragraph (2), by striking ``early childhood 
     development programs such as the Early Reading First 
     program'' and inserting ``early childhood education 
     programs'';
       (D) in paragraph (3), by striking ``early childhood 
     development programs such as the Early Reading First 
     program'' and inserting ``early childhood education 
     programs'';
       (E) in paragraph (4)--
       (i) by striking ``Early Reading First program staff,''; and
       (ii) by striking ``early childhood development program'' 
     and inserting ``early childhood education program'';
       (F) in paragraph (5), by striking ``and entities carrying 
     out Early Reading First programs''.

     SEC. 1009. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF 
                   THE INTERIOR.

       Section 1121(b)(3)(C)(ii) (20 U.S.C. 6331(b)(3)(C)(ii)) is 
     amended by striking ``challenging State academic content 
     standards'' and inserting ``challenging State academic 
     standards''.

     SEC. 1010. ALLOCATIONS TO STATES.

       Section 1122(a) (20 U.S.C. 6332(a)) is amended by striking 
     ``for each of fiscal years 2002-2007'' and inserting ``for 
     each of fiscal years 2016 through 2021''.

     SEC. 1011. MAINTENANCE OF EFFORT.

       Section 1125A (20 U.S.C. 6337) is amended--
       (1) in subsection (c), by redesignating subparagraphs (A) 
     and (B) as paragraphs (1) and (2), respectively;
       (2) in subsection (d)(1)(A)(ii), by striking ``clause 
     ``(i)'' and inserting ``clause (i)'';
       (3) by striking subsection (e) and inserting the following:
       ``(e) Maintenance of Effort.--
       ``(1) In general.--A State is entitled to receive its full 
     allotment of funds under this section for any fiscal year if 
     the Secretary finds that the State's fiscal effort per 
     student or the aggregate expenditures of the State with 
     respect to the provision of free public education by the 
     State for the preceding fiscal year was not less than 90 
     percent of the fiscal effort or aggregate expenditures for 
     the second preceding fiscal year, subject to the requirements 
     of paragraph (2).
       ``(2) Reduction in case of failure to meet.--
       ``(A) In general.--The Secretary shall reduce the amount of 
     the allotment of funds under this section for any fiscal year 
     in the exact proportion by which a State fails to meet the 
     requirement of paragraph (1) by falling below 90 percent of 
     both the fiscal effort per student and aggregate expenditures 
     (using the measure most favorable to the State), if such 
     State has also failed to meet such requirement (as determined 
     using the measure most favorable to the State) for 1 or more 
     of the 5 immediately preceding fiscal years.
       ``(B) Special rule.--No such lesser amount shall be used 
     for computing the effort required under paragraph (1) for 
     subsequent years.
       ``(3) Waiver.--The Secretary may waive the requirements of 
     this subsection if the Secretary determines that a waiver 
     would be equitable due to--
       ``(A) exceptional or uncontrollable circumstances, such as 
     a natural disaster or a change in the organizational 
     structure of the State; or
       ``(B) a precipitous decline in the financial resources of 
     the State.'';
       (4) in subsection (f), by striking ``fiscal year 2002'' and 
     inserting ``fiscal year 2016''; and
       (5) in subsection (g)(3), in the matter preceding 
     subparagraph (A), by striking ``shall be'' and inserting 
     ``shall be--''.

     SEC. 1012. ACADEMIC ASSESSMENTS.

       Part B of title I (20 U.S.C. 6361 et seq.) is amended to 
     read as follows:

                     ``PART B--ACADEMIC ASSESSMENTS

     ``SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RELATED 
                   ACTIVITIES.

       ``From amounts made available in accordance with section 
     1204, the Secretary shall make grants to States to enable the 
     States to carry out 1 or more of the following:
       ``(1) To pay the costs of the development of the State 
     assessments and standards adopted under section 1111(b), 
     which may include the costs of working in voluntary 
     partnerships with other States, at the sole discretion of 
     each such State.
       ``(2) If a State has developed the assessments adopted 
     under section 1111(b), to administer those assessments or to 
     carry out other assessment activities described in this part, 
     such as the following:
       ``(A) Expanding the range of appropriate accommodations 
     available to children who are English learners and children 
     with disabilities to improve the rates of inclusion in 
     regular assessments of such children, including professional 
     development activities to improve the implementation of such 
     accommodations in instructional practice.
       ``(B) Developing challenging State academic standards and 
     aligned assessments in academic subjects for which standards 
     and assessments are not required under section 1111(b).
       ``(C) Developing or improving assessments of English 
     language proficiency necessary to comply with section 
     1111(b)(2)(G).
       ``(D) Ensuring the continued validity and reliability of 
     State assessments.
       ``(E) Refining State assessments to ensure their continued 
     alignment with the challenging State academic standards and 
     to improve the alignment of curricula and instructional 
     materials.
       ``(F) Developing or improving the quality, validity, and 
     reliability of assessments for children who are English 
     learners, including alternative assessments aligned with the 
     challenging State academic standards, testing accommodations 
     for children who are English learners, and assessments of 
     English language proficiency.
       ``(G) Developing or improving balanced assessment systems 
     that include summative, interim, and formative assessments, 
     including supporting local educational agencies in developing 
     or improving such assessments.
       ``(H) At the discretion of the State, refining science 
     assessments required under section 1111(b)(2) in order to 
     integrate engineering design skills and practices into such 
     assessments.
       ``(I) Developing or improving models to measure and assess 
     student growth on State assessments under section 1111(b)(2) 
     and other assessments not required under section 1111(b)(2).

     ``SEC. 1202. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.

       ``(a) Grant Program Authorized.--From amounts made 
     available in accordance with section 1204, the Secretary 
     shall award, on a competitive basis, grants to State 
     educational agencies that have submitted applications at such 
     time, in such manner, and containing such information as the 
     Secretary may reasonably require, which demonstrate, to the 
     satisfaction of the Secretary, that the requirements of this 
     section will be met, for one of more of the following:
       ``(1) Allowing for collaboration with institutions of 
     higher education, other research institutions, or other 
     organizations to improve the quality, validity, and 
     reliability of State academic assessments beyond the 
     requirements for such assessments described in section 
     1111(b)(2).
       ``(2) Developing or improving assessments for students who 
     are children with disabilities, including using the 
     principles of universal design for learning, which may 
     include developing assessments aligned to alternate academic 
     achievement standards for students with the most significant 
     cognitive disabilities described in section 1111(b)(2)(D).
       ``(3) Measuring student progress or academic growth over 
     time, including by using multiple measures, or developing or 
     improving models to measure and assess growth on State 
     assessments under section 1111(b)(2).
       ``(4) Evaluating student academic achievement through the 
     development of comprehensive academic assessment instruments, 
     such as performance and technology-based academic assessments 
     that emphasize the mastery of standards and aligned 
     competencies in a competency-based education model, 
     technology-based academic assessments, computer adaptive 
     assessments, and portfolios, projects, or extended 
     performance task assessments.
       ``(b) Annual Report.--Each State educational agency 
     receiving a grant under this section shall submit an annual 
     report to the Secretary describing its activities under the 
     grant and the result of such activities.
       ``(c) Prohibition.--No funds provided under this section to 
     the Secretary shall be used to mandate, direct, control, 
     incentivize, or make financial awards conditioned upon a 
     State (or a consortium of States) developing any assessment 
     common to a number of States, including testing activities 
     prohibited under section 9529.

     ``SEC. 1203. AUDITS OF ASSESSMENT SYSTEMS.

       ``(a) In General.--From the amount reserved under section 
     1204(b)(1)(C) for a fiscal year, the Secretary shall make 
     grants to States to enable the States to--
       ``(1) in the case of a grant awarded under this section to 
     a State for the first time--
       ``(A) carry out audits of State assessment systems and 
     ensure that local educational agencies carry out audits of 
     local assessments under subsection (e)(1);
       ``(B) prepare and carry out the State plan under subsection 
     (e)(6); and
       ``(C) award subgrants under subsection (f); and
       ``(2) in the case of a grant awarded under this section to 
     a State that has previously received a grant under this 
     section--
       ``(A) carry out the State plan under subsection (e)(6); and
       ``(B) award subgrants under subsection (f).
       ``(b) Minimum Amount.--Each State with an approved 
     application shall receive a grant amount of not less than 
     $1,500,000 per fiscal year.
       ``(c) Reallocation.--If a State chooses not to apply to 
     receive a grant under this subsection, or if such State's 
     application under subsection (d) is disapproved by the 
     Secretary, the Secretary shall reallocate such grant amount 
     to other States with approved applications.
       ``(d) Application.--A State desiring to receive a grant 
     under this section shall submit

[[Page S4714]]

     an application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(e) Audits of State Assessment Systems and Local 
     Assessments.--
       ``(1) Audit requirements.--Not later than 1 year after a 
     State receives a grant under this section for the first time, 
     the State shall--
       ``(A) conduct an audit of the State assessment system;
       ``(B) ensure that each local educational agency under the 
     State's jurisdiction and receiving funds under this Act--
       ``(i) conducts an audit of each local assessment 
     administered by the local educational agency; and
       ``(ii) submits the results of such audit to the State; and
       ``(C) report the results of each State and local 
     educational agency audit conducted under subparagraphs (A) 
     and (B), in a format that is--
       ``(i) publicly available, such as a widely accessible 
     online platform; and
       ``(ii) with appropriate accessibility provisions for 
     individuals with disabilities and English learners.
       ``(2) Resources for local educational agencies.--In 
     carrying out paragraph (1)(B), each State shall develop and 
     provide local educational agencies with resources, such as 
     guidelines and protocols, to assist the agencies in 
     conducting and reporting the results of the audit required 
     under such paragraph.
       ``(3) State assessment system description.--An audit of a 
     State assessment system conducted under paragraph (1) shall 
     include a description of each State assessment carried out in 
     the State, including--
       ``(A) the grade and subject matter assessed;
       ``(B) whether the assessment is required under section 
     1111(b)(2) or allowed under section 1111(b)(2)(D);
       ``(C) the annual cost to the State educational agency 
     involved in developing, purchasing, administering, and 
     scoring the assessment;
       ``(D) the purpose for which the assessment was designed and 
     the purpose for which the assessment is used, including 
     assessments designed to contribute to systems of improvement 
     of teaching and learning;
       ``(E) the time for disseminating assessment results;
       ``(F) a description of how the assessment is aligned with 
     the challenging State academic standards under section 
     1111(b)(1);
       ``(G) a description of any State law or regulation that 
     established the requirement for the assessment;
       ``(H) the schedule and calendar for all State assessments 
     given; and
       ``(I) a description of the State's policies for inclusion 
     of English learners and children with disabilities 
     participating in assessments, including developing and 
     promoting the use of appropriate accommodations.
       ``(4) Local assessment description.--An audit of a local 
     assessment conducted under paragraph (1) shall include a 
     description of the local assessment carried out by the local 
     educational agency, including--
       ``(A) the descriptions listed in subparagraphs (A), (D), 
     and (E) of paragraph (3);
       ``(B) the annual cost to the local educational agency of 
     developing, purchasing, administering, and scoring the 
     assessment;
       ``(C) the extent to which the assessment is aligned to the 
     challenging State academic standards under section 
     1111(b)(1);
       ``(D) a description of any State or local law or regulation 
     that establishes the requirement for the assessment; and
       ``(E) in the case of a summative assessment that is used 
     for accountability purposes, whether the assessment is valid 
     and reliable and consistent with nationally recognized 
     professional and technical standards.
       ``(5) Stakeholder feedback.--Each audit of a State 
     assessment system or local assessment system conducted under 
     subparagraph (A) or (B) of paragraph (1) shall include 
     feedback on such system from education stakeholders, which 
     shall cover information such as--
       ``(A) how educators, school leaders, and administrators use 
     assessment data to improve and differentiate instruction;
       ``(B) the timing of release of assessment data;
       ``(C) the extent to which assessment data is presented in 
     an accessible and understandable format for educators, school 
     leaders, parents, students (if appropriate), and the 
     community;
       ``(D) the opportunities, resources, and training educators 
     and administrators are given to review assessment results and 
     make effective use of assessment data;
       ``(E) the distribution of technological resources and 
     personnel necessary to administer assessments;
       ``(F) the amount of time educators spend on assessment 
     preparation;
       ``(G) the assessments that administrators, educators, 
     parents, and students, if appropriate, do and do not find 
     useful;
       ``(H) the amount of time students spend taking the 
     assessments; and
       ``(I) other information as appropriate.
       ``(6) State plan on audit findings.--
       ``(A) Preparing the state plan.--Not later than 6 months 
     after a State conducts an audit under paragraph (1) and based 
     on the results of such audit, the State shall, in 
     coordination with the local educational agencies under the 
     jurisdiction of the State, prepare and submit to the 
     Secretary a plan to improve and streamline State assessment 
     systems and local assessment systems, including through 
     activities such as--
       ``(i) developing and maintaining lists of State and local 
     assessments that--

       ``(I) align to the State's content standards under section 
     1111(b)(1);
       ``(II) are valid, reliable, and remain consistent with 
     nationally recognized professional and technical standards; 
     and
       ``(III) contribute to systems of continuous improvement for 
     teaching and learning;

       ``(ii) eliminating any assessments that are not required 
     under section 1111(b)(2) (such as buying out the remainder of 
     procurement contracts with assessment developers) that do not 
     meet the contributing factors of high-quality assessments 
     listed under subclauses (I) through (III) of clause (i);
       ``(iii) supporting the dissemination of best practices from 
     local educational agencies or other States that have 
     successfully improved assessment quality and efficiency to 
     improve teaching and learning;
       ``(iv) 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;
       ``(v) disseminating the assessment data in an accessible 
     and understandable format for educators, parents, and 
     families; and
       ``(vi) decreasing time between administering such State 
     assessments and releasing assessment data.
       ``(B) Carry out the state plan.--A State shall carry out a 
     State plan as soon as practicable after the State prepares 
     such State plan under subparagraph (A) and during each grant 
     period of a grant described in subsection (a)(2) that is 
     awarded to the State.
       ``(f) Subgrants to Local Educational Agencies.--
       ``(1) In general.--From the amount awarded to a State under 
     this section, the State shall reserve not less than 20 
     percent of funds to make subgrants to local educational 
     agencies in the State, or consortia of such local educational 
     agencies, based on demonstrated need in the agency's or 
     consortium's application to improve assessment quality, use, 
     and alignment with the challenging State academic standards 
     under section 1111(b)(1).
       ``(2) Local educational agency application.--Each local 
     educational agency, or consortium of local educational 
     agencies, seeking a subgrant under this subsection shall 
     submit an application to the State at such time, in such 
     manner, and containing such other information as determined 
     by the State. The application shall include a description of 
     the agency's or consortium's needs to improve assessment 
     quality, use, and alignment (as described in paragraph (1)).
       ``(3) Use of funds.--A subgrant awarded under this 
     subsection to a local educational agency or consortium of 
     such agencies may be used to--
       ``(A) conduct an audit of local assessments under 
     subsection (e)(1)(B);
       ``(B) eliminate any assessments identified for elimination 
     by such audit, such as by buying out the remainder of 
     procurement contracts with assessment developers;
       ``(C) disseminate the best practices described in 
     subsection (e)(6)(A)(ii);
       ``(D) improve the capacity of school leaders and educators 
     to disseminate assessment data in an accessible and 
     understandable format for parents and families, including for 
     children with disabilities or English learners;
       ``(E) improve assessment delivery systems and schedules, 
     including by increasing access to technology and exam 
     proctors, where appropriate;
       ``(F) hire instructional coaches, or promote educators who 
     may receive increased compensation to serve as instructional 
     coaches, to support educators to develop classroom-based 
     assessments, interpret assessment data, and design 
     instruction; and
       ``(G) provide for appropriate accommodations to maximize 
     inclusion of children with disabilities and English learners 
     participating in assessments.
       ``(g) Definitions.--In this section:
       ``(1) Local assessment.--The term `local assessment' means 
     an academic assessment selected and carried out by a local 
     educational agency that is separate from an assessment 
     required by section 1111(b)(2).
       ``(2) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.

     ``SEC. 1204. FUNDING.

       ``(a) National Assessment of Educational Progress.--For the 
     purpose of administering the State assessments under the 
     National Assessment of Educational Progress, there are 
     authorized to be appropriated such sums as may be necessary 
     for fiscal years 2016 through 2021.
       ``(b) Allotment of Appropriated Funds.--
       ``(1) In general.--From amounts made available for each 
     fiscal year under subsection 1002(b) that are equal to or 
     less than the amount described in section 1111(b)(2)(H), the 
     Secretary shall--
       ``(A) reserve \1/2\ of 1 percent for the Bureau of Indian 
     Education;
       ``(B) reserve \1/2\ of 1 percent for the outlying areas;
       ``(C) reserve not more than 20 percent to carry out section 
     1203; and
       ``(D) from the remainder, allocate to each State for 
     section 1201 an amount equal to--
       ``(i) $3,000,000; and
       ``(ii) with respect to any amounts remaining after the 
     allocation is made under clause

[[Page S4715]]

     (i), an amount that bears the same relationship to such total 
     remaining amounts as the number of students aged 5 through 17 
     in the State (as determined by the Secretary on the basis of 
     the most recent satisfactory data) bears to the total number 
     of such students in all States.
       ``(2) Amounts above trigger amount.--Any amounts made 
     available for a fiscal year under subsection 1002(b) that are 
     more than the amount described in section 1111(b)(2)(H) shall 
     be made available as follows:
       ``(A)(i) To award funds under section 1202 to States 
     selected for such grants, according to the quality, needs, 
     and scope of the State application under that section.
       ``(ii) In determining the grant amount under clause (i), 
     the Secretary shall ensure that a State's grant includes an 
     amount that bears the same relationship to the total funds 
     available under this paragraph for the fiscal year as the 
     number of students ages 5 through 17 in the State (as 
     determined by the Secretary on the basis of the most recent 
     satisfactory data) bears to the total number of such students 
     in all States.
       ``(B) Any amounts remaining after the Secretary awards 
     funds under subparagraph (A) shall be allocated to each State 
     that did not receive a grant under such subparagraph, in an 
     amount that bears the same relationship to the total funds 
     available under this subparagraph as the number of students 
     ages 5 through 17 in the State (as determined by the 
     Secretary on the basis of the most recent satisfactory data) 
     bears to the total number of such students in all States.
       ``(c) State Defined.--In this section, the term `State' 
     means each of the 50 States, the District of Columbia, and 
     the Commonwealth of Puerto Rico.

     ``SEC. 1205. INNOVATIVE ASSESSMENT AND ACCOUNTABILITY 
                   DEMONSTRATION AUTHORITY.

       ``(a) Innovative Assessment System Defined.--The term 
     `innovative assessment system' means a system of assessments 
     that may include--
       ``(1) competency-based assessments, instructionally 
     embedded assessments, interim assessments, cumulative year-
     end assessments, or performance-based assessments that 
     combine into an annual summative determination for a student, 
     which may be administered through computer adaptive 
     assessments; and
       ``(2) assessments that validate when students are ready to 
     demonstrate mastery or proficiency and allow for 
     differentiated student support based on individual learning 
     needs.
       ``(b) Demonstration Authority.--
       ``(1) In general.--The Secretary may provide a State 
     educational agency, or a consortium of State educational 
     agencies, in accordance with paragraph (3), with the 
     authority to establish an innovative assessment system.
       ``(2) Demonstration period.--In accordance with the 
     requirements described in subsection (c), each State 
     educational agency, or consortium of State educational 
     agencies, that submits an application under this section 
     shall propose in its application the period of time over 
     which it desires to exercise the demonstration authority, 
     except that such period shall not exceed 5 years.
       ``(3) Initial demonstration authority; progress report; 
     expansion.--
       ``(A) Initial period.--During the first 3 years of the 
     demonstration authority under this section, the Secretary 
     shall provide State educational agencies, or consortia of 
     State educational agencies, subject to meeting the 
     application requirements in subsection (c), with the 
     authority described in paragraph (1).
       ``(B) Limitation.--During the first 3 years of the 
     demonstration authority under this section, the total number 
     of participating State educational agencies, including those 
     participating in consortia, may not exceed 7, and not more 
     than 4 State educational agencies may participate in a single 
     consortium.
       ``(C) Progress report.--
       ``(i) In general.--Not later than 90 days after the end of 
     the first 3 years of the initial demonstration period 
     described in subparagraph (A), the Director of the Institute 
     of Education Sciences, in consultation with the Secretary, 
     shall publish a report detailing the initial progress of the 
     approved innovative assessment systems prior to providing 
     additional State educational agencies with the demonstration 
     authority described in paragraph (1).
       ``(ii) Criteria.--The progress report under clause (i) 
     shall draw upon the annual information submitted by 
     participating States described in subsection (c)(2)(I) and 
     examine the extent to which--

       ``(I) the innovative assessment systems have demonstrated 
     progress for all students, including at-risk students, in 
     relation to such measures as--

       ``(aa) student achievement and academic outcomes;
       ``(bb) graduation rates for high schools;
       ``(cc) retention rates of students in school; and
       ``(dd) rates of remediation for students;

       ``(II) the innovative assessment systems have facilitated 
     progress in relation to at least one other valid and reliable 
     indicator of quality, success, or student support, such as 
     those reported annually by the State in accordance with 
     section 1111(b)(3)(B)(ii)(IV);
       ``(III) the State educational agencies have solicited 
     feedback from teachers, principals, other school leaders, and 
     parents about their satisfaction with the innovative 
     assessment system;
       ``(IV) teachers, principals, and other school leaders have 
     demonstrated a commitment and capacity to implement or 
     continue to implement the innovative assessment systems;
       ``(V) the innovative assessment systems have been developed 
     in accordance with the requirements of subsection (c), 
     including substantial evidence that such systems meet such 
     requirements; and
       ``(VI) each State participating in the demonstration 
     authority has demonstrated that the same system of 
     assessments was used to measure the achievement of all 
     students that participated in the demonstration authority, 
     and at least 95 percent of such students overall and in each 
     of the categories of students, as defined in section 
     1111(b)(3)(A), were assessed under the innovative assessment 
     system.

       ``(iii) Use of report.--Upon completion of the progress 
     report, the Secretary shall provide a response to the 
     findings of the progress report, including a description of 
     how the findings of the report will be used--

       ``(I) to support participating State educational agencies 
     through technical assistance; and
       ``(II) to inform the peer review process described in 
     subsection (d) for advising the Secretary on the awarding of 
     the demonstration authority to the additional State 
     educational agencies described in subparagraph (D).

       ``(iv) Publicly available.--The Secretary shall make the 
     progress report under this subparagraph and the response 
     described in clause (iii) publicly available on the website 
     of the Department.
       ``(v) Prohibition.--Nothing in this subparagraph shall be 
     construed to authorize the Secretary to require participating 
     States to submit any additional information for the purposes 
     of the progress report beyond what the State has already 
     provided in the annual report described in subsection 
     (c)(2)(I).
       ``(D) Expansion of the demonstration authority.--Upon 
     completion and publication of the report described in 
     subparagraph (C)(iv), additional State educational agencies 
     or consortia of State educational agencies may apply for the 
     demonstration authority described in this section without 
     regard to the limitations described in subparagraph (B). Such 
     State educational agencies or consortia of State educational 
     agencies shall be subject to all of the same requirements of 
     this section.
       ``(c) Application.--Consistent with the process described 
     in subsection (d), a State educational agency, or consortium 
     of State educational agencies, that desires to participate in 
     the program of demonstration authority under this section 
     shall submit an application to the Secretary at such time, in 
     such manner, and containing such information as the Secretary 
     may reasonably require. Such application shall include a 
     description of the innovative assessment system, what 
     experience the applicant has in implementing any components 
     of the innovative assessment system, and the timeline over 
     which the State proposes to exercise this authority. In 
     addition, the application shall include the following:
       ``(1) A demonstration that the innovative assessment system 
     will--
       ``(A) meet all the requirements of section 1111(b)(2)(B), 
     except the requirements of clauses (i) and (v) of such 
     section;
       ``(B) be aligned to the standards under section 1111(b)(1) 
     and address the depth and breadth of the challenging State 
     academic standards under such section;
       ``(C) express student results or student competencies in 
     terms consistent with the State aligned academic achievement 
     standards;
       ``(D) be able to generate comparable, valid, and reliable 
     results for all students and for each category of students 
     described in section 1111(b)(2)(B)(xi), compared to the 
     results for such students on the State assessments under 
     section 1111(b)(2);
       ``(E) be developed in collaboration with stakeholders 
     representing the interests of children with disabilities, 
     English learners, and other vulnerable children, educators, 
     including teachers, principals, and other school leaders, 
     local educational agencies, parents, and civil rights 
     organizations in the State;
       ``(F) be accessible to all students, such as by 
     incorporating the principles of universal design for 
     learning;
       ``(G) provide educators, students, and parents with timely 
     data, disaggregated by each category of students described in 
     section 1111(b)(2)(B)(xi), to inform and improve 
     instructional practice and student supports;
       ``(H) be able to identify which students are not making 
     progress toward the State's academic achievement standards so 
     that educators can provide instructional support and targeted 
     intervention to all students to ensure every student is 
     making progress;
       ``(I) measure the annual progress of not less than 95 
     percent of all students and students in each of the 
     categories of students, as defined in section 1111(b)(3)(A), 
     who are enrolled in each school that is participating in the 
     innovative assessment system and are required to take 
     assessments;
       ``(J) generate an annual, summative achievement 
     determination based on annual data for each individual 
     student based on the challenging State academic standards 
     under section 1111(b)(1) and be able to validly and reliably 
     aggregate data from the innovative assessment system for 
     purposes of accountability, consistent with the requirements 
     of

[[Page S4716]]

     section 1111(b)(3), and reporting, consistent with the 
     requirements of section 1111(d); and
       ``(K) continue use of the high-quality statewide academic 
     assessments required under section 1111(b)(2) if such 
     assessments will be used for accountability purposes for the 
     duration of the demonstration.
       ``(2) A description of how the State educational agency 
     will--
       ``(A) identify the distinct purposes for each assessment 
     that is part of the innovative assessment system;
       ``(B) provide support and training to local educational 
     agency and school staff to implement the innovative 
     assessment system described in this subsection;
       ``(C) inform parents of students in participating local 
     educational agencies about the innovative assessment system 
     at the beginning of each school year during which the 
     innovative assessment system will be implemented;
       ``(D) engage and support teachers in developing and scoring 
     assessments that are part of the innovative assessment 
     system, including through the use of high-quality 
     professional development, standardized and calibrated scoring 
     rubrics, and other strategies, consistent with relevant 
     nationally recognized professional and technical standards, 
     to ensure inter-rater reliability and comparability;
       ``(E) acclimate students to the innovative assessment 
     system;
       ``(F) ensure that students with the most significant 
     cognitive disabilities may be assessed with alternate 
     assessments consistent with section 1111(b)(2)(D);
       ``(G) if the State is proposing to administer the 
     innovative assessment system initially in a subset of local 
     educational agencies, scale up the innovative assessment 
     system to administer such system statewide or with additional 
     local educational agencies in the State's proposed period of 
     demonstration authority and 2-year extension period, if 
     applicable, including the timeline that explains the process 
     for scaling to statewide implementation by either the end of 
     the State's proposed period of demonstration authority or the 
     2-year extension period;
       ``(H) gather data, solicit regular feedback from educators 
     and parents, and assess the results of each year of the 
     program of demonstration authority under this section, and 
     respond by making needed changes to the innovative assessment 
     system; and
       ``(I) report data from the innovative assessment system 
     annually to the Secretary, including--
       ``(i) demographics of participating local educational 
     agencies, if such system is not statewide, and additional 
     local educational agencies if added to the system during the 
     course of the State's demonstration or 2-year extension 
     period, including a description of how--

       ``(I) the inclusion of additional local educational 
     agencies contributes to progress toward achieving high-
     quality and consistent implementation across demographically 
     diverse local educational agencies throughout the 
     demonstration period; and
       ``(II) by the end of the demonstration authority, the 
     participating local educational agencies, as a group, will be 
     demographically similar to the State as a whole;

       ``(ii) performance of all participating students and for 
     each category of students, as defined in section 
     1111(b)(3)(A), on the innovative assessment, consistent with 
     the requirements in section 1111(d);
       ``(iii) performance of all participating students in 
     relation to at least one other valid and reliable indicator 
     of quality, success, or student supports, such as those 
     reported annually by the State in accordance with section 
     1111(b)(3)(B)(ii)(IV);
       ``(iv) feedback from teachers, principals, other school 
     leaders, and parents about their satisfaction with the 
     innovative assessment system; and
       ``(v) if such system is not statewide, a description of the 
     State's progress in scaling up the innovative assessment 
     system to additional local educational agencies during the 
     State's period of demonstration authority, as described in 
     subparagraph (G).
       ``(3) A description of the State educational agency's plan 
     to--
       ``(A) ensure that all students and each of the categories 
     of students, as defined in section 1111(b)(3)(A)--
       ``(i) are held to the same high standard as other students 
     in the State; and
       ``(ii) receive the instructional support needed to meet 
     challenging State academic standards;
       ``(B) ensure that each local educational agency has the 
     technological infrastructure to implement the innovative 
     assessment system; and
       ``(C) hold all participating schools in the local 
     educational agencies participating in the program of 
     demonstration authority accountable for meeting the State's 
     expectations for student achievement.
       ``(4) If the innovative assessment system will initially be 
     administered in a subset of local educational agencies--
       ``(A) a description of the local educational agencies 
     within the State educational agency that will participate, 
     including what criteria the State has for approving any 
     additional local educational agencies to participate during 
     the demonstration period;
       ``(B) assurances from such local educational agencies that 
     such agencies will comply with the requirements of this 
     subsection; and
       ``(C) a description of how the State will--
       ``(i) ensure that the inclusion of additional local 
     educational agencies contributes to progress toward achieving 
     high-quality and consistent implementation across 
     demographically diverse local educational agencies throughout 
     the demonstration authority; and
       ``(ii) ensure that the participating local educational 
     agencies, as a group, will be demographically similar to the 
     State as a whole by the end of the State's period of 
     demonstration authority.
       ``(d) Peer Review.--The Secretary shall--
       ``(1) implement a peer review process to inform--
       ``(A) the awarding of the demonstration authority under 
     this section and the approval to operate the system for the 
     purposes of paragraphs (2) and (3) of section 1111(b), as 
     described in subsection (h) of this section; and
       ``(B) determinations about whether the innovative 
     assessment system--
       ``(i) is comparable to the State assessments under section 
     1111(b)(2)(B)(v)(I), valid, reliable, of high technical 
     quality, and consistent with relevant, nationally recognized 
     professional and technical standards; and
       ``(ii) provides an unbiased, rational, and consistent 
     determination of progress toward the goals described under 
     section 1111(b)(3)(B)(i) for all students;
       ``(2) ensure that the peer review team is comprised of 
     practitioners and experts who are knowledgeable about the 
     innovative assessment being proposed for all students, 
     including--
       ``(A) individuals with past experience developing systems 
     of assessment innovation that support all students, including 
     English learners, children with disabilities, and 
     disadvantaged students; and
       ``(B) individuals with experience implementing innovative 
     State assessment and accountability systems;
       ``(3) make publicly available the applications submitted 
     under subsection (c) and the peer review comments and 
     recommendations regarding such applications;
       ``(4) make a determination and inform the State regarding 
     approval or disapproval of the application not later than 90 
     days after receipt of the complete application;
       ``(5) offer a State the opportunity to revise and resubmit 
     its application within 60 days of a disapproval determination 
     under paragraph (4) to allow the State to submit additional 
     evidence that the State's application meets the requirements 
     of subjection (c); and
       ``(6) make a determination regarding application approval 
     or disapproval of a resubmitted application under paragraph 
     (5) not later than 45 days after receipt of the resubmitted 
     application.
       ``(e) Extension.--The Secretary may extend an authorization 
     of demonstration authority under this section for an 
     additional 2 years if the State educational agency 
     demonstrates with evidence that the State educational 
     agency's innovative assessment system is continuing to meet 
     the requirements of subsection (c), including--
       ``(1) demonstrating capacity to transition to statewide use 
     by the end of a 2-year extension period; and
       ``(2) demonstrating that the participating local 
     educational agencies, as a group, will be demographically 
     similar to the State as a whole by the end of a 2-year 
     extension period.
       ``(f) Use of Innovative Assessment System.--A State may, 
     during its approved demonstration period or 2-year extension 
     period, include results from the innovative assessment 
     systems developed under this section in accountability 
     determinations for each student in the participating local 
     educational agencies instead of, or in addition to, those 
     from the assessment system under section 1111(b)(2) if the 
     State demonstrates that the State has met the requirements in 
     subsection (c). The State shall continue to meet all other 
     requirements of section 1111(b)(3).
       ``(g) Authority Withdrawn.--The Secretary shall withdraw 
     the authorization for demonstration authority provided to a 
     State educational agency under this section and any 
     participating local educational agency or the State as a 
     whole shall return to the statewide assessment system under 
     section 1111(b)(2) if, at any point during a State's approved 
     period of demonstration or 2-year extension period, the State 
     educational agency cannot present to the Secretary a body of 
     substantial evidence that the innovative assessment system 
     developed under this section--
       ``(1) meets requirements of subsection (c);
       ``(2) includes all students attending schools participating 
     in the demonstration authority, including each of the 
     categories of students, as defined in section 1111(b)(3)(A), 
     in the innovative assessment system demonstration;
       ``(3) provides an unbiased, rational, and consistent 
     determination of progress toward the goals described under 
     section 1111(b)(3)(B)(i) for all students, which are 
     comparable to determinations under section 1111(b)(3)(B)(iii) 
     across the State in which the local educational agencies are 
     located;
       ``(4) presents a high-quality plan to transition to full 
     statewide use of the innovative assessment system by the end 
     of the State's approved demonstration period and 2-year 
     extension, if the innovative assessment system will initially 
     be administered in a subset of local educational agencies; 
     and
       ``(5) is comparable to the statewide assessments under 
     section 1111(b)(2) in content coverage, difficulty, and 
     quality.
       ``(h) Transition.--

[[Page S4717]]

       ``(1) In general.--If, after a State's approved 
     demonstration and extension period, the State educational 
     agency has met all the requirements of this section, 
     including having scaled the system up to statewide use, and 
     demonstrated that such system is of high quality, the State 
     shall be permitted to operate the innovative assessment 
     system approved under the program of demonstration authority 
     under this section for the purposes of paragraphs (2) and (3) 
     of section 1111(b). Such system shall be deemed of high 
     quality if the Secretary, through the peer review process 
     described in subsection (d), determines that the system has--
       ``(A) met all of the requirements of this section;
       ``(B) demonstrated progress for all students, including 
     each of the categories of students defined in section 
     1111(b)(3)(A), in relation to such measures as--
       ``(i) increasing student achievement and academic outcomes;
       ``(ii) increasing the 4-year adjusted cohort graduation 
     rate or the extended-year adjusted cohort graduation rate for 
     high schools;
       ``(iii) increasing retention rates of students in school; 
     and
       ``(iv) increasing rates of remediation at institutions of 
     higher education for participating students;
       ``(C) demonstrated progress in relation to at least one 
     other valid and reliable indicator of quality, success, or 
     student supports, such as those reported annually by the 
     State in accordance with section 1111(b)(3)(B)(ii)(IV);
       ``(D) provided coherent and timely information about 
     student attainment of the State's challenging academic 
     standards, including objective measurement of academic 
     achievement, knowledge, and skills that are valid, reliable, 
     and consistent with relevant, nationally-recognized 
     professional and technical standards;
       ``(E) solicited feedback from teachers, principals, other 
     school leaders, and parents about their satisfaction with the 
     innovative assessment system; and
       ``(F) demonstrated that the same system of assessments was 
     used to measure the achievement of all students, and at least 
     95 percent of such students overall and in each of the 
     categories of students, as defined in section 1111(b)(3)(A), 
     were assessed under the innovative assessment system.
       ``(2) Baseline.--For the purposes of the evaluation 
     described in paragraph (1), the baseline year shall be 
     considered the first year of implementation of the innovative 
     assessment system for each local educational agency.
       ``(3) Waiver authority.--If, at the conclusion of the 
     State's approved demonstration and extension period, the 
     State has met all of the requirements of this section, except 
     transition to full statewide use for States that will 
     initially administer an innovative assessment system in a 
     subset of local educational agencies, and continues to comply 
     with the other requirements of this section, and demonstrates 
     a high-quality plan for transition to statewide use in a 
     reasonable period of time, the State may request, and the 
     Secretary shall review such request, a delay of the 
     withdrawal of authority under subsection (g) for the purpose 
     of providing the State time necessary to implement the 
     innovative assessment system statewide.
       ``(i) Available Funds.--A State may use funds available 
     under section 1201 to carry out this section.
       ``(j) Rule of Construction.--A consortium of States may 
     apply to participate in the program of demonstration 
     authority under this section and the Secretary may provide 
     each State member of such consortium with such authority if 
     each such State member meets all of the requirements of this 
     section. Such consortium shall be subject to the limitation 
     described in subsection (b)(3)(B) during the initial 3 years 
     of the demonstration authority.
       ``(k) Dissemination of Best Practices.--
       ``(1) In general.--Following the publication of the 
     progress report described in subsection (b)(3)(C), the 
     Director of the Institute of Education Sciences, in 
     consultation with the Secretary, shall collect and 
     disseminate the best practices on the development and 
     implementation of innovative assessment systems that meet the 
     requirements of this section, including--
       ``(A) the development of summative assessments that meet 
     the requirements of section 1111(b)(2)(B), are comparable 
     with statewide assessments, and include assessment tasks that 
     determine proficiency or mastery of State-approved 
     competencies aligned to challenging academic standards;
       ``(B) the development of effective supports for local 
     educational agencies and school staff to implement innovative 
     assessment systems;
       ``(C) the development of effective engagement and support 
     of teachers in developing and scoring assessments and the use 
     of high-quality professional development;
       ``(D) the development of effective supports for all 
     students, particularly each of the categories of students, as 
     defined in section 1111(b)(3)(A), participating in the 
     innovative assessment systems; and
       ``(E) the development of standardized and calibrated 
     scoring rubrics, and other strategies, to ensure inter-rater 
     reliability and comparability of determinations of mastery or 
     proficiency across local educational agencies and the State.
       ``(2) Publication.--The Secretary shall make the 
     information described in paragraph (1) available to the 
     public on the website of the Department and shall publish an 
     update to the information not less often than once every 3 
     years.''.

     SEC. 1013. EDUCATION OF MIGRATORY CHILDREN.

       Part C of title I (20 U.S.C. 6391 et seq.) is amended--
       (1) in section 1301--
       (A) in paragraph (2), by striking ``State academic content 
     and student academic achievement standards'' and inserting 
     ``challenging State academic standards'';
       (B) in paragraph (4), by striking ``State academic content 
     and student academic achievement standards'' and inserting 
     ``State academic standards''; and
       (C) in paragraph (5), by inserting ``without the need for 
     postsecondary remediation'' after ``employment'';
       (2) in section 1303--
       (A) by striking subsection (a) and inserting the following:
       ``(a) State Allocations.--
       ``(1) Base amount.--
       ``(A) In general.--Except as provided in subsection (b) and 
     subparagraph (B), each State (other than the Commonwealth of 
     Puerto Rico) is entitled to receive under this part, for 
     fiscal year 2016 and succeeding fiscal years, an amount equal 
     to--
       ``(i) the amount that such State received under this part 
     for fiscal year 2002; plus
       ``(ii) the amount allocated to the State under paragraph 
     (2).
       ``(B) Nonparticipating states.--In the case of a State 
     (other than the Commonwealth of Puerto Rico) that did not 
     receive any funds for fiscal year 2002 under this part, the 
     State shall receive, for fiscal year 2016 and succeeding 
     fiscal years, an amount equal to--
       ``(i) the amount that such State would have received under 
     this part for fiscal year 2002 if its application under 
     section 1304 for the year had been approved; plus
       ``(ii) the amount allocated to the State under paragraph 
     (2).
       ``(2) Allocation of additional amount.--For fiscal year 
     2016 and succeeding fiscal years, the amount (if any) by 
     which the funds appropriated to carry out this part for the 
     year exceed such funds for fiscal year 2002 shall be 
     allocated to a State (other than the Commonwealth of Puerto 
     Rico) so that the State receives an amount equal to--
       ``(A) the sum of--
       ``(i) the number of identified eligible migratory children, 
     aged 3 through 21, residing in the State during the previous 
     year; and
       ``(ii) the number of identified eligible migratory 
     children, aged 3 through 21, who received services under this 
     part in summer or intersession programs provided by the State 
     during such year; multiplied by
       ``(B) 40 percent of the average per-pupil expenditure in 
     the State, except that the amount determined under this 
     subparagraph may not be less than 32 percent, or more than 48 
     percent, of the average per-pupil expenditure in the United 
     States.'';
       (B) in subsection (b), by striking paragraph (2) and 
     inserting the following:
       ``(2) Minimum percentage.--The percentage in paragraph 
     (1)(A) shall not be less than 85.0 percent.'';
       (C) in subsection (c)--
       (i) in paragraph (1)--

       (I) by striking ``(A) If, after'' and inserting the 
     following:

       ``(A) In general.--If, after''; and

       (II) in subparagraph (B)--

       (aa) by striking ``If additional'' and inserting 
     ``Reallocation.--If additional''; and
       (bb) by moving the margins of such subparagraph 2 ems to 
     the right; and
       (ii) in paragraph (2)--

       (I) by striking ``(A) The Secretary'' and inserting the 
     following:

       ``(A) Further reductions.--The Secretary''; and

       (II) in subparagraph (B)--

       (aa) by striking ``The Secretary'' and inserting 
     ``Reallocation.--The Secretary''; and
       (bb) by moving the margins of such subparagraph 2 ems to 
     the right; and
       (D) in subsection (d)(3)(B), by striking ``welfare or 
     educational attainment'' and inserting ``academic 
     achievement''; and
       (E) in subsection (e)--
       (i) in the matter preceding paragraph (1), by striking 
     ``estimated'' and inserting ``identified''; and
       (ii) by striking ``the Secretary shall'' and all that 
     follows through the period at the end and inserting ``the 
     Secretary shall use such information as the Secretary finds 
     most accurately reflects the actual number of migratory 
     children.'';
       (3) in section 1304--
       (A) in subsection (b)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A)--

       (aa) by striking ``special educational needs'' and 
     inserting ``unique educational needs''; and
       (bb) by inserting ``and out-of-school migratory children'' 
     after ``including preschool migratory children'';

       (II) in subparagraph (B), by striking ``part A or B of 
     title III'' and inserting ``part A of title III''; and
       (III) by striking subparagraph (D) and inserting the 
     following:

       ``(D) measurable program objectives and outcomes;'';
       (ii) in paragraph (2), by striking ``challenging State 
     academic content standards and challenging State student 
     academic

[[Page S4718]]

     achievement standards'' and inserting ``challenging State 
     academic standards'';
       (iii) in paragraph (3), by striking ``, consistent with 
     procedures the Secretary may require,'';
       (iv) in paragraph (5), by inserting ``and'' after the 
     semicolon;
       (v) by striking paragraph (6); and
       (vi) by redesignating paragraph (7) as paragraph (6);
       (B) in subsection (c)--
       (i) in the matter preceding paragraph (1), by striking ``, 
     satisfactory to the Secretary,'';
       (ii) in paragraph (2), by striking ``in a manner consistent 
     with the objectives of section 1114, subsections (b) and (d) 
     of section 1115, subsections (b) and (c) of section 1120A, 
     and part I'' and inserting ``in a manner consistent with the 
     objectives of section 1113(c), paragraphs (3) and (4) of 
     section 1113(d), subsections (b) and (c) of section 1117, and 
     part E'';
       (iii) in paragraph (3)--

       (I) in the matter before subparagraph (A), by striking 
     ``parent advisory councils'' and inserting ``parents of 
     migratory children, including parent advisory councils''; and
       (II) by striking ``section 1118'' and inserting ``section 
     1115'';

       (iv) in paragraph (4), by inserting ``and out-of-school 
     migratory children'' after ``addressing the unmet educational 
     needs of preschool migratory children'';
       (v) in paragraph (6)--

       (I) by striking ``to the extent feasible,'';
       (II) by striking subparagraph (C) and inserting the 
     following:

       ``(C) evidence-based family literacy programs;''; and

       (III) in subparagraph (E), by inserting ``, without the 
     need for postsecondary remediation'' after ``employment''; 
     and

       (vi) in paragraph (7), by striking ``paragraphs (1)(A) and 
     (2)(B)(i) of section 1303(a), through such procedures as the 
     Secretary may require'' and inserting ``section 
     1303(a)(2)(A)'';
       (C) by striking subsection (d) and inserting the following:
       ``(d) Priority for Services.--In providing services with 
     funds received under this part, each recipient of such funds 
     shall give priority to migratory children who have made a 
     qualifying move within the previous 1-year period and who--
       ``(1) are failing, or most at risk of failing, to meet the 
     challenging State academic standards; or
       ``(2) have dropped out of school.''; and
       (D) in subsection (e)(3), by striking ``secondary school 
     students'' and inserting ``students'';
       (4) in section 1305(b), by inserting ``, to the extent 
     practicable,'' after ``may'';
       (5) in section 1306--
       (A) in subsection (a)(1)--
       (i) by striking ``special'' both places the term appears 
     and inserting ``unique'';
       (ii) in subparagraph (C), by striking ``challenging State 
     academic content standards and challenging State student 
     academic achievement standards'' and inserting ``challenging 
     State academic standards''; and
       (iii) in subparagraph (F), by striking ``or B''; and
       (B) in subsection (b)(4)--
       (i) by striking ``special'' and inserting ``unique''; and
       (ii) by striking ``section 1114'' each place the term 
     appears and inserting ``section 1113(c)'';
       (6) in section 1307--
       (A) in the matter preceding paragraph (1), by striking 
     ``nonprofit''; and
       (B) in paragraph (3), by striking ``welfare or educational 
     attainment'' and inserting ``educational achievement'';
       (7) in section 1308--
       (A) in subsection (a)(1), by inserting ``through'' after 
     ``including''; and
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``developing effective 
     methods for'';
       (ii) in paragraph (2)--

       (I) in subparagraph (A)--

       (aa) in the matter preceding clause (i), in the first 
     sentence--
       (AA) by striking ``ensure the linkage of migrant student'' 
     and inserting ``maintain'';
       (BB) by striking ``systems'' and inserting ``system'';
       (CC) by inserting ``within and'' before ``among the 
     States''; and
       (DD) by striking ``all migratory students'' and inserting 
     ``all migratory children eligible under this part'';
       (bb) in the matter preceding clause (i), by striking ``The 
     Secretary shall ensure'' and all that follows through 
     ``maintain.'';
       (cc) in the matter preceding clause (i), by striking ``Such 
     elements'' and inserting ``Such information''; and
       (dd) in clause (ii), by striking ``required'';

       (II) by redesignating subparagraph (B) as subparagraph (C);
       (III) by inserting after subparagraph (A) the following:

       ``(B) Consultation.--The Secretary shall maintain ongoing 
     consultation with the States, local educational agencies, and 
     other migratory student service providers on--
       ``(i) the effectiveness of the system described in 
     subparagraph (A); and
       ``(ii) the ongoing improvement of such system.''; and

       (IV) in subparagraph (C), as redesignated by subclause 
     (II)--

       (aa) by striking ``the proposed data elements'' and 
     inserting ``any new proposed data elements''; and
       (bb) by striking ``Such publication shall occur not later 
     than 120 days after the date of enactment of the No Child 
     Left Behind Act of 2001.''; and
       (iii) by striking paragraph (4); and
       (8) in section 1309--
       (A) in paragraph (1)(B), by striking ``nonprofit''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Migratory agricultural worker.--The term `migratory 
     agricultural worker' means an individual who made a 
     qualifying move in the preceding 36 months and, after doing 
     so, engaged in new temporary or seasonal employment or 
     personal subsistence in agriculture, which may be dairy work 
     or the initial processing of raw agricultural products. If an 
     individual did not engage in such new employment soon after a 
     qualifying move, such individual may be considered a 
     migratory agricultural worker if the individual actively 
     sought new employment and has a recent history of moves for 
     agricultural employment.
       ``(3) Migratory child.--The term `migratory child' means a 
     child or youth who made a qualifying move in the preceding 36 
     months--
       ``(A) as a migratory agricultural worker or a migratory 
     fisher; or
       ``(B) with, or to join, a parent or spouse who is a 
     migratory agricultural worker or a migratory fisher.
       ``(4) Migratory fisher.--The term `migratory fisher' means 
     an individual who made a qualifying move in the preceding 36 
     months and, after doing so, engaged in new temporary or 
     seasonal employment or personal subsistence in fishing. If 
     the individual did not engage in such new employment soon 
     after the move, the individual may be considered a migratory 
     fisher if the individual actively sought new employment and 
     has a recent history of moves for fishing work.
       ``(5) Qualifying move.--The term `qualifying move' means a 
     move due to economic necessity--
       ``(A) from one residence to another residence; and
       ``(B) from one school district to another school district, 
     except--
       ``(i) in the case of a State that is comprised of a single 
     school district, wherein a qualifying move is from one 
     administrative area to another within such district;
       ``(ii) in the case of a school district of more than 15,000 
     square miles, wherein a qualifying move is a distance of 20 
     miles or more to a temporary residence to engage in a fishing 
     activity; or
       ``(iii) in a case in which another exception applies, as 
     defined by the Secretary.''.

     SEC. 1014. PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN 
                   AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-
                   RISK.

       Part D of title I (20 U.S.C. 6421 et seq.) is amended--
       (1) in section 1401(a)--
       (A) in paragraph (1)--
       (i) by inserting ``, tribal,'' after ``youth in local''; 
     and
       (ii) by striking ``challenging State academic content 
     standards and challenging State student academic achievement 
     standards'' and inserting ``challenging State academic 
     standards''; and
       (B) in paragraph (3), by inserting ``and the involvement of 
     their families and communities'' after ``to ensure their 
     continued education'';
       (2) in section 1412(b), by striking paragraph (2) and 
     inserting the following:
       ``(2) Minimum percentage.--The percentage in paragraph 
     (1)(A) shall not be less than 85 percent.'';
       (3) in section 1414--
       (A) in subsection (a)--
       (i) in paragraph (1)(B), by striking ``from correctional 
     facilities to locally operated programs'' and inserting 
     ``between correctional facilities and locally operated 
     programs''; and
       (ii) in paragraph (2)--

       (I) in subparagraph (A)--

       (aa) by striking ``the program goals, objectives, and 
     performance measures established by the State'' and inserting 
     ``the program objectives and outcomes established by the 
     State''; and
       (bb) by striking ``vocational'' and inserting ``career'';

       (II) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (III) in subparagraph (C)--

       (aa) in clause (i), by inserting ``and'' after the 
     semicolon;
       (bb) by striking clause (ii) and redesignating clause (iii) 
     as clause (ii); and
       (cc) by striking clause (iv); and

       (IV) by adding at the end the following:

       ``(D) provide assurances that the State educational agency 
     has established--
       ``(i) procedures to ensure the prompt re-enrollment of each 
     student who has been placed in the juvenile justice system in 
     secondary school or in a re-entry program that best meets the 
     needs of the student, including the transfer of credits that 
     such student earns during placement; and
       ``(ii) opportunities for such students to participate in 
     higher education or career pathways.''; and
       (B) in subsection (c)--
       (i) in paragraph (1)--

       (I) by inserting ``and respond to'' after ``to assess''; 
     and
       (II) by inserting ``and, to the extent practicable, provide 
     for an assessment upon entry into a correctional facility'' 
     after ``to be served under this subpart'';

       (ii) in paragraph (6)--

[[Page S4719]]

       (I) by striking ``carry out the evaluation requirements of 
     section 9601 and how'' and inserting ``use'';
       (II) by inserting ``under section 9601'' after ``recent 
     evaluation''; and
       (III) by striking ``will be used'';

       (iii) in paragraph (8)--

       (I) by striking ``vocational'' and inserting ``career''; 
     and
       (II) by striking ``Public Law 105-220''and inserting ``the 
     Workforce Innovation and Opportunity Act'';

       (iv) in paragraph (9)--

       (I) by inserting ``and following'' after ``youth prior 
     to''; and
       (II) by inserting ``and, to the extent practicable, to 
     ensure that transition plans are in place'' after ``the local 
     educational agency or alternative education program'';

       (v) in paragraph (11), by striking ``transition of children 
     and youth from such facility or institution to'' and 
     inserting ``transition of such children and youth between 
     such facility or institution and'';
       (vi) in paragraph (16), by inserting ``and obtain a high 
     school diploma'' after ``to encourage the children and youth 
     to reenter school'';
       (vii) in paragraph (17), by inserting ``certified or 
     licensed'' after ``provides an assurance that'';
       (viii) in paragraph (18), by striking ``and'' after the 
     semicolon;
       (ix) in paragraph (19), by striking the period at the end 
     and inserting ``; and''; and
       (x) by adding at the end the following:
       ``(20) describes how the State agency will, to the extent 
     feasible, identify youth who have come in contact with both 
     the child welfare system and juvenile justice system and 
     improve practices and expand the evidence-based intervention 
     services to reduce school suspensions, expulsions, and 
     referrals to law enforcement.'';
       (4) in section 1415--
       (A) in subsection (a)--
       (i) in paragraph (1)(B)--

       (I) by inserting ``, without the need for remediation,'' 
     after ``transition''; and
       (II) by striking ``vocational or technical training'' and 
     inserting ``career and technical education''; and

       (ii) in paragraph (2)--

       (I) by striking subparagraph (A), and inserting the 
     following:

       ``(A) may include--
       ``(i) the acquisition of equipment;
       ``(ii) pay-for-success initiatives that produce a 
     measurable, clearly defined outcome that results in social 
     benefit and direct cost savings to the local, State, or 
     Federal Government; and
       ``(iii) providing targeted, evidence-based services for 
     youth who have come in contact with both the child welfare 
     system and juvenile justice system;'';

       (II) in subparagraph (B)--

       (aa) in clause (i), by striking ``content standards and 
     student academic achievement''; and
       (bb) in clause (iii)--
       (AA) by striking ``challenging State academic achievement 
     standards'' and inserting ``challenging State academic 
     standards''; and
       (BB) by inserting ``and'' after the semicolon;

       (III) in subparagraph (C)--

       (aa) by striking ``section 1120A'' and inserting ``section 
     1117''; and
       (bb) by striking ``; and'' and inserting a period; and

       (IV) by striking subparagraph (D); and

       (B) in subsection (b), by striking ``section 1120A'' and 
     inserting ``section 1117'';
       (5) in section 1416--
       (A) in paragraph (3)--
       (i) by striking ``challenging State academic content 
     standards and student academic achievement standards'' and 
     inserting ``challenging State academic standards''; and
       (ii) by striking ``complete secondary school, attain a 
     secondary diploma'' and inserting ``attain a high school 
     diploma'';
       (B) in paragraph (4)--
       (i) by striking ``pupil'' and inserting ``specialized 
     instructional support''; and
       (ii) by inserting ``and, to the extent practicable, the 
     development and implementation of transition plans'' after 
     ``children and youth described in paragraph (1)''; and
       (C) in paragraph (6), by striking ``student progress'' and 
     inserting ``and improve student achievement'';
       (6) in section 1418(a)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) projects that facilitate the transition of children 
     and youth between State-operated institutions, or 
     institutions in the State operated by the Secretary of the 
     Interior, and schools served by local educational agencies or 
     schools operated or funded by the Bureau of Indian Education; 
     or''; and
       (B) in paragraph (2)--
       (i) by striking ``vocational'' each place the term appears 
     and inserting ``career''; and
       (ii) in the matter preceding subparagraph (A)--

       (I) by striking ``secondary'' and inserting ``high''; and
       (II) by inserting ``, without the need for remediation,'' 
     after ``reentry'';

       (7) in section 1419, by striking ``for a fiscal year'' and 
     all that follows through ``to provide'' and inserting ``for a 
     fiscal year to provide'';
       (8) in section 1421--
       (A) in paragraph (1), by inserting ``, without the need for 
     remediation,'' after ``youth''; and
       (B) in paragraph (3), by inserting ``, including schools 
     operated or funded by the Bureau of Indian Education,'' after 
     ``local schools'';
       (9) in section 1422(d)--
       (A) by inserting ``, which may include the nonacademic 
     needs,'' after ``to meet the transitional and academic 
     needs''; and
       (B) by striking ``impact on meeting the transitional'' and 
     inserting ``impact on meeting such transitional'';
       (10) in section 1423--
       (A) in paragraph (2)(B), by inserting ``, including such 
     facilities operated by the Secretary of the Interior and 
     Indian tribes'' after ``the juvenile justice system'';
       (B) by striking paragraph (4) and inserting the following:
       ``(4) a description of the activities that the local 
     educational agency will carry out to facilitate the 
     successful transition of children and youth in locally 
     operated institutions for neglected and delinquent children 
     and other correctional institutions into schools served by 
     the local educational agency or, as appropriate, into career 
     and technical education and postsecondary education 
     programs;'';
       (C) in paragraph (8), by inserting ``and family members'' 
     after ``will involve parents'';
       (D) in paragraph (9)--
       (i) by striking ``vocational'' and inserting ``career''; 
     and
       (ii) by striking ``Public Law 105-220'' and inserting ``the 
     Workforce Innovation and Opportunity Act'';
       (E) by striking paragraph (11) and inserting the following:
       ``(11) as appropriate, a description of how the local 
     educational agency and schools will address the educational 
     needs of children and youth who return from institutions for 
     neglected and delinquent children and youth or from 
     correctional institutions and attend regular or alternative 
     schools;''; and
       (F) in paragraph (12), by striking ``participating 
     schools'' and inserting ``the local educational agency'';
       (11) in section 1424--
       (A) in paragraph (2), by striking ``, including'' and all 
     that follows through ``gang members'';
       (B) in paragraph (4)--
       (i) by striking ``vocational'' and inserting ``career''; 
     and
       (ii) by striking ``and'' after the semicolon; and
       (C) in paragraph (5), by striking the period at the end and 
     inserting a semicolon; and
       (D) by inserting the following after paragraph (5):
       ``(6) programs for at-risk Indian children and youth, 
     including such children and youth in correctional facilities 
     in the area served by the local educational agency that are 
     operated by the Secretary of the Interior or Indian tribes; 
     and
       ``(7) pay-for-success initiatives that produce a 
     measurable, clearly defined outcome that results in social 
     benefit and direct cost savings to the local, State, or 
     Federal government.'';
       (12) in section 1425--
       (A) in paragraph (4)--
       (i) by inserting ``and obtain a high school diploma'' after 
     ``reenter school''; and
       (ii) by striking ``or seek a secondary school diploma or 
     its recognized equivalent'';
       (B) in paragraph (6), by striking ``high academic 
     achievement standards'' and inserting ``the challenging State 
     academic standards'';
       (C) in paragraph (9)--
       (i) by striking ``vocational'' and inserting ``career''; 
     and
       (ii) by striking ``Public Law 105-220'' and inserting ``the 
     Workforce Innovation and Opportunity Act'';
       (D) in paragraph (10), by striking ``and'' after the 
     semicolon;
       (E) in paragraph (11), by striking the period at the end 
     and inserting a semicolon; and
       (F) by adding at the end the following:
       ``(12) to the extent practicable, develop an initial 
     educational services and transition plan for each child or 
     youth served under this subpart upon entry into the 
     correctional facility, in partnership with the child's or 
     youth's family members and the local educational agency that 
     most recently provided services to the child or youth (if 
     applicable), consistent with section 1414(a)(1); and
       ``(13) consult with the local educational agency for a 
     period jointly determined necessary by the correctional 
     facility and local educational agency upon discharge from 
     that facility, to coordinate educational services so as to 
     minimize disruption to the child's or youth's achievement.'';
       (13) in section 1426(2), by striking ``secondary'' and 
     inserting ``high'';
       (14) in section 1431(a)--
       (A) by striking ``secondary'' each place the term appears 
     and inserting ``high'';
       (B) in paragraph (1), by inserting ``and to graduate from 
     high school in the standard number of years'' after 
     ``educational achievement''; and
       (C) in paragraph (3), by inserting ``or school operated or 
     funded by the Bureau of Indian Education'' after ``local 
     educational agency''; and
       (15) in section 1432(2)--
       (A) by striking ``has limited English proficiency'' and 
     inserting ``is an English learner''; and
       (B) by striking ``or has a high absenteeism rate at 
     school.'' and inserting ``has a high absenteeism rate at 
     school, or has other life conditions that make the individual 
     at high

[[Page S4720]]

     risk for dependency or delinquency adjudication.''.

     SEC. 1015. GENERAL PROVISIONS.

       Title I (20 U.S.C. 6301 et seq.) is amended--
       (1) by striking parts E, F, G, and H;
       (2) by redesignating part I as part E;
       (3) by striking sections 1907 and 1908;
       (4) by redesignating sections 1901, 1902, 1903, 1905, and 
     1906 as sections 1501, 1502, 1503, 1504, and 1505, 
     respectively;
       (5) in section 1501, as redesignated by paragraph (4)--
       (A) in subsection (a), by inserting ``, in accordance with 
     subsections (b) through (d),'' after ``may issue'';
       (B) in subsection (b)--
       (i) in paragraph (1), by inserting ``principals, other 
     school leaders (including charter school leaders),'' after 
     ``teachers,'';
       (ii) in paragraph (2), by adding at the end the following: 
     ``All information from such regional meetings and electronic 
     exchanges shall be made public in an easily accessible manner 
     to interested parties.'';
       (iii) in paragraph (3)(A), by striking ``standards and 
     assessments'' and inserting ``standards, assessments, the 
     State accountability system under section 1111(b)(3), school 
     intervention and support under section 1114, and the 
     requirement that funds be supplemented and not supplanted 
     under section 1117;'';
       (iv) by striking paragraph (4) and inserting the following:
       ``(4) Process.--Such process shall not be subject to the 
     Federal Advisory Committee Act, but shall, unless otherwise 
     provided as described in subsection (c), follow the 
     provisions of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 
     561 et seq.).''; and
       (v) by striking paragraph (5) and inserting the following:
       ``(5) Emergency situation.--In an emergency situation in 
     which regulations to carry out this title must be issued 
     within a very limited time to assist State educational 
     agencies and local educational agencies with the operation of 
     a program under this title, the Secretary may issue a 
     proposed regulation without following such process but 
     shall--
       ``(A) designate the proposed regulation as an emergency 
     with an explanation of the emergency in a notice provided to 
     Congress;
       ``(B) publish the duration of the comment and review period 
     in such notice and in the Federal Register; and
       ``(C) conduct regional meetings to review such proposed 
     regulation before issuing any final regulation.'';
       (C) by redesignating subsection (c) as subsection (d);
       (D) by inserting after subsection (b) the following:
       ``(c) Alternative Process if Failure to Reach Consensus.--
     If consensus, as defined in section 562 of title 5, United 
     States Code, on any proposed regulation is not reached by the 
     individuals selected under paragraph (3)(B) for the 
     negotiated rulemaking process, or if the Secretary determines 
     that a negotiated rulemaking process is unnecessary, the 
     Secretary may propose a regulation in the following manner:
       ``(1) Notice to congress.--Not less than 30 days prior to 
     issuing a notice of proposed rulemaking in the Federal 
     Register, the Secretary shall provide to the Committee on 
     Health, Education, Labor, and Pensions of the Senate, the 
     Committee on Education and the Workforce of the House of 
     Representatives, and other relevant congressional committees, 
     notice of the Secretary's intent to issue a notice of 
     proposed rulemaking that shall include--
       ``(A) a copy of the regulation to be proposed;
       ``(B) a justification of the need to issue a regulation;
       ``(C) the anticipated burden, including the time, cost, and 
     paperwork burden, the regulations will impose on State 
     educational agencies, local educational agencies, schools, 
     and other entities that may be impacted by the regulation;
       ``(D) the anticipated benefits to State educational 
     agencies, local educational agencies, schools, and other 
     entities that may be impacted by the regulation;
       ``(E) any regulations that will be repealed when the new 
     regulations are issued; and
       ``(F) an opportunity to comment on the information in 
     subparagraphs (A) through (E).
       ``(2) Comment period for congress.--The Secretary shall 
     provide Congress with a 15-day period, beginning after the 
     date on which the Secretary provided the notice of any 
     proposed rulemaking to Congress under paragraph (1), to make 
     comments on the proposed rule. After addressing all comments 
     received from Congress during such period, the Secretary may 
     proceed with the rulemaking process under section 553 of 
     title 5, United States Code, as modified by this section.
       ``(3) Public comment and review period.--The public comment 
     and review period for any proposed regulation shall be not 
     less than 90 days unless an emergency requires a shorter 
     period, in which case the Secretary shall comply with the 
     process outlined in subsection (b)(5).
       ``(4) Assessment.--No regulation shall be made final after 
     the comment and review period described in paragraph (3) 
     until the Secretary has published in the Federal Register--
       ``(A) an assessment of the proposed regulation that--
       ``(i) includes a representative sampling of local 
     educational agencies based on enrollment, geographic 
     diversity (including suburban, urban, and rural local 
     educational agencies), and other factors impacted by the 
     proposed regulation;
       ``(ii) addresses the burden, including the time, cost, and 
     paperwork burden, that the regulation will impose on State 
     educational agencies, local educational agencies, schools, 
     and other entities that may be impacted by the regulation;
       ``(iii) addresses the benefits to State educational 
     agencies, local educational agencies, schools, and other 
     entities that may be impacted by the regulation; and
       ``(iv) thoroughly addresses, based on the comments received 
     during the comment and review period under paragraph (3), 
     whether the rule is financially and operationally viable at 
     the local level; and
       ``(B) an explanation of how the entities described in 
     subparagraph (A)(ii) may cover the cost of the burden 
     assessed under such subparagraph.''; and
       (E) by inserting after subsection (d), as redesignated by 
     subparagraph (C), the following:
       ``(e) Rule of Construction.--Nothing in this section 
     affects the applicability of subchapter II of chapter 5, and 
     chapter 7, of title 5, United States Code (commonly known as 
     the `Administrative Procedure Act') or chapter 8 of title 5, 
     United States Code (commonly known as the `Congressional 
     Review Act').'';
       (6) in section 1502(a), as redesignated by paragraph (4)--
       (A) by striking ``section 1901'' and inserting ``section 
     1501''; and
       (B) by striking ``or provides a written'' and all that 
     follows through the period at the end and inserting ``or, 
     where negotiated rulemaking is not pursued, shall conform to 
     section 1501(c).''; and
       (7) in section 1503, as redesignated by paragraph (4)--
       (A) in subsection (a)(2), by striking ``student academic 
     achievement'' and inserting ``academic''; and
       (B) in subsection (b)(2)--
       (i) in subparagraph (C), by striking ``, including 
     vocational educators'';
       (ii) in subparagraph (F), by striking ``and'' after the 
     semicolon; and
       (iii) by striking subparagraph (G) and inserting the 
     following:
       ``(G) specialized instructional support personnel;
       ``(H) representatives of charter schools, as appropriate; 
     and
       ``(I) paraprofessionals.''.

     SEC. 1016. REPORT ON SUBGROUP SAMPLE SIZE.

       (a) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Director of the Institute of 
     Education Sciences shall publish a report on best practices 
     for determining valid, reliable, and statistically 
     significant minimum numbers of students for each of the 
     categories of students, as defined in section 1111(b)(3)(A) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6311(b)(3)(A)) (as amended by this Act), for the 
     purposes of inclusion as categories of students in an 
     accountability system described in section 1111(b)(3) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(3)) (as amended by this Act) and how such minimum 
     number that is determined will not reveal personally 
     identifiable information about students.
       (b) Public Dissemination.--The Director of the Institute of 
     Education Sciences shall work with the Department of 
     Education's existing technical assistance providers and 
     dissemination networks to ensure that the report described 
     under subsection (a) is widely disseminated--
       (1) to the public, State educational agencies, local 
     educational agencies, and schools; and
       (2) through electronic transfer and other means, such as 
     posting the report on the website of the Institute of 
     Education Sciences or in another relevant place.

     SEC. 1017. REPORT ON IMPLEMENTATION OF EDUCATIONAL STABILITY 
                   OF CHILDREN IN FOSTER CARE.

       Not later than 2 years after the date of enactment of this 
     Act, the Secretary of Education and the Secretary of Health 
     and Human Services shall submit to the appropriate committees 
     of Congress a report on the implementation of section 
     1111(c)(1)(L) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6311(c)(1)(L)), including the progress 
     made and the remaining barriers relating to such 
     implementation.

 TITLE II--HIGH-QUALITY TEACHERS, PRINCIPALS, AND OTHER SCHOOL LEADERS

     SEC. 2001. TRANSFER OF CERTAIN PROVISIONS.

       The Act (20 U.S.C. 6301 et seq.) is amended--
       (1) by redesignating subpart 5 of part C of title II (20 
     U.S.C. 6731 et seq.) as subpart 3 of part F of title IX, as 
     redesignated by section 9106(1), and moving that subpart to 
     the end of part F of title IX;
       (2) by redesignating sections 2361 through 2368 as sections 
     9541 through 9548, respectively;
       (3) in section 9546(b), as redesignated by paragraph (2), 
     by striking the matter following paragraph (2) and inserting 
     the following:
       ``(3) A State law that makes a limitation of liability 
     inapplicable if the civil action was brought by an officer of 
     a State or local government pursuant to State or local 
     law.'';
       (4) by redesignating subpart 4 of part D of title II as 
     subpart 4 of part F of title IX, as redesignated by section 
     9106(1), and moving that subpart to follow subpart 3 of part 
     F of

[[Page S4721]]

     title IX, as redesignated and moved by paragraph (1);
       (5) by redesignating section 2441 as section 9551; and
       (6) by striking the subpart heading of subpart 4 of part F 
     of title IX, as redesignated by paragraph (4), and inserting 
     the following:

                    ``Subpart 4--Internet Safety''.

     SEC. 2002. PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY 
                   TEACHERS, PRINCIPALS, AND OTHER SCHOOL LEADERS.

       The Act (20 U.S.C. 6301 et seq.) is amended by striking 
     title II (as amended by section 2001) and inserting the 
     following:

``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, 
                  PRINCIPALS, AND OTHER SCHOOL LEADERS

     ``SEC. 2001. PURPOSE.

       ``The purpose of this title is to improve student academic 
     achievement by--
       ``(1) increasing the ability of local educational agencies, 
     schools, teachers, principals, and other school leaders to 
     provide a well-rounded and complete education for all 
     students;
       ``(2) improving the quality and effectiveness of teachers, 
     principals, and other school leaders;
       ``(3) increasing the number of teachers, principals, and 
     other school leaders who are effective in improving student 
     academic achievement in schools; and
       ``(4) ensuring that low-income and minority students are 
     served by effective teachers, principals, and other school 
     leaders and have access to a high-quality instructional 
     program.

     ``SEC. 2002. DEFINITIONS.

       ``In this title:
       ``(1) School leader residency program.--The term `school 
     leader residency program' means a school-based principal, 
     school leader, or principal and school leader preparation 
     program in which a prospective principal or school leader--
       ``(A) for 1 academic year, engages in sustained and 
     rigorous clinical learning with substantial leadership 
     responsibilities and an opportunity to practice and be 
     evaluated in an authentic school setting; and
       ``(B) during that academic year--
       ``(i) participates in evidence-based coursework that is 
     integrated with the clinical residency experience; and
       ``(ii) receives ongoing support from a mentor principal or 
     school leader who is effective.
       ``(2) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       ``(3) Teacher residency program.--The term `teacher 
     residency program' means a school-based teacher preparation 
     program in which a prospective teacher--
       ``(A) for not less than 1 academic year, teaches alongside 
     an effective teacher, as determined by a teacher evaluation 
     system implemented under part A (if applicable), who is the 
     teacher of record for the classroom;
       ``(B) receives concurrent instruction during the year 
     described in subparagraph (A)--
       ``(i) through courses that may be taught by local 
     educational agency personnel or by faculty of the teacher 
     preparation program; and
       ``(ii) in the teaching of the content area in which the 
     teacher will become certified or licensed; and
       ``(C) acquires effective teaching skills, as demonstrated 
     through completion of a residency program, or other measure 
     determined by the State, which may include a teacher 
     performance assessment.

     ``SEC. 2003. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Grants to States and Local Educational Agencies.--For 
     the purposes of carrying out part A (other than section 
     2105), there are authorized to be appropriated such sums as 
     may be necessary for each of fiscal years 2016 through 2021.
       ``(b) National Activities.--For the purposes of carrying 
     out activities authorized under section 2105, there are 
     authorized to be appropriated such sums as may be necessary 
     for each of fiscal years 2016 through 2021.
       ``(c) Teacher and School Leader Incentive Program.--For the 
     purposes of carrying out part B, there are authorized to be 
     appropriated such sums as may be necessary for each of fiscal 
     years 2016 through 2021.
       ``(d) American History and Civics Education.--For the 
     purposes of carrying out part C, there are authorized to be 
     appropriated such sums as may be necessary for each of fiscal 
     years 2016 through 2021.
       ``(e) Literacy Education for All, Results for the Nation.--
     For the purposes of carrying out part D, there are authorized 
     to be appropriated such sums as may be necessary for each of 
     fiscal years 2016 through 2021.
       ``(f) STEM Instruction and Student Achievement.--For the 
     purposes of carrying out part E, there are authorized to be 
     appropriated such sums as may be necessary for each of fiscal 
     years 2016 through 2021.

      ``PART A--FUND FOR THE IMPROVEMENT OF TEACHING AND LEARNING

     ``SEC. 2101. FORMULA GRANTS TO STATES.

       ``(a) Reservation of Funds.--From the total amount 
     appropriated under section 2003(a) for a fiscal year, the 
     Secretary shall reserve--
       ``(1) one-half of 1 percent for allotments for the United 
     States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands, to be 
     distributed among those outlying areas on the basis of their 
     relative need, as determined by the Secretary, in accordance 
     with the purpose of this title; and
       ``(2) one-half of 1 percent for the Secretary of the 
     Interior for programs under this part in schools operated or 
     funded by the Bureau of Indian Education.
       ``(b) State Allotments.--
       ``(1) Hold harmless.--
       ``(A) Fiscal years 2016 through 2021.--For each of fiscal 
     years 2016 through 2021, subject to paragraph (2) and 
     subparagraph (C), from the funds appropriated under section 
     2003(a) for a fiscal year that remain after the Secretary 
     makes the reservations under subsection (a), the Secretary 
     shall allot to each State an amount equal to the total amount 
     that such State received for fiscal year 2001 under--
       ``(i) section 2202(b) of this Act (as in effect on the day 
     before the date of enactment of the No Child Left Behind Act 
     of 2001); and
       ``(ii) section 306 of the Department of Education 
     Appropriations Act, 2001 (as enacted into law by section 
     1(a)(1) of Public Law 106-554).
       ``(B) Ratable reduction.--If the funds described in 
     subparagraph (A) are insufficient to pay the full amounts 
     that all States are eligible to receive under subparagraph 
     (A) for any fiscal year, the Secretary shall ratably reduce 
     those amounts for the fiscal year.
       ``(C) Percentage reduction.--For each of fiscal years 2016 
     through 2021, the amount in subparagraph (A) shall be reduced 
     by a percentage equal to the product of 14.29 percent and the 
     number of years between the fiscal year for which the 
     determination is being made and fiscal year 2015.
       ``(2) Allotment of additional funds.--
       ``(A) In general.--Subject to subparagraph (B), for any 
     fiscal year for which the funds appropriated under section 
     2003(a) and not reserved under subsection (a) exceed the 
     total amount required to make allotments under paragraph (1), 
     the Secretary shall allot to each State the sum of--
       ``(i) an amount that bears the same relationship to 20 
     percent of the excess amount as the number of individuals age 
     5 through 17 in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined; and
       ``(ii) an amount that bears the same relationship to 80 
     percent of the excess amount as the number of individuals age 
     5 through 17 from families with incomes below the poverty 
     line in the State, as determined by the Secretary on the 
     basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined.
       ``(B) Exception.--No State receiving an allotment under 
     subparagraph (A) may receive less than one-half of 1 percent 
     of the total excess amount allotted under such subparagraph 
     for a fiscal year.
       ``(3) Fiscal year 2022 and succeeding fiscal years.--For 
     fiscal year 2022 and each of the succeeding fiscal years, the 
     Secretary shall allot funds appropriated under section 
     2003(a) and not reserved under subsection (a) to each State 
     in accordance with paragraph (2).
       ``(4) Reallotment.--If any State does not apply for an 
     allotment under this subsection for any fiscal year, the 
     Secretary shall reallot the amount of the allotment to the 
     remaining States in accordance with this subsection.
       ``(c) State Use of Funds.--
       ``(1) In general.--Except as provided for under paragraph 
     (3), each State that receives an allotment under subsection 
     (b) for a fiscal year shall reserve not less than 95 percent 
     of such allotment to make subgrants to local educational 
     agencies for such fiscal year, as described in section 2102.
       ``(2) State administration.--A State educational agency may 
     use not more than 1 percent of the amount allotted to such 
     State under subsection (b) for the administrative costs of 
     carrying out such State educational agency's responsibilities 
     under this part.
       ``(3) Principals and other school leaders.--Notwithstanding 
     paragraph (1) and in addition to funds otherwise available 
     for activities under paragraph (4), a State educational 
     agency may reserve not more than 3 percent of the amount 
     reserved for subgrants to local educational agencies under 
     paragraph (1) for activities for principals and other school 
     leaders described in paragraph (4), if such reservation would 
     not result in a lower allocation to local educational 
     agencies under section 2102, as compared to such allocation 
     for the preceding fiscal year.
       ``(4) State activities.--
       ``(A) In general.--The State educational agency for a State 
     that receives an allotment under subsection (b) may use funds 
     not reserved under paragraph (1) to carry out 1 or more of 
     the activities described in subparagraph (B), which may be 
     implemented in conjunction with a State agency of higher 
     education (if such agencies are separate) and carried out 
     through a grant or contract with a for-profit or nonprofit 
     entity, including an institution of higher education.
       ``(B) Types of state activities.--The activities described 
     in this subparagraph are the following:
       ``(i) Reforming teacher, principal, and other school leader 
     certification, recertification, licensing, or tenure systems 
     or preparation program standards and approval processes to 
     ensure that--

       ``(I) teachers have the necessary subject-matter knowledge 
     and teaching skills, as demonstrated through measures 
     determined

[[Page S4722]]

     by the State, which may include teacher performance 
     assessments, in the academic subjects that the teachers teach 
     to help students meet challenging State academic standards 
     described in section 1111(b)(1);
       ``(II) principals and other school leaders have the 
     instructional leadership skills to help teachers teach and to 
     help students meet such challenging State academic standards; 
     and
       ``(III) teacher certification or licensing requirements are 
     aligned with such challenging State academic standards.

       ``(ii) Developing, improving, or providing assistance to 
     local educational agencies to support the design and 
     implementation of teacher, principal, and other school leader 
     evaluation and support systems that are based in part on 
     evidence of student academic achievement, which may include 
     student growth, and shall include multiple measures of 
     educator performance and provide clear, timely, and useful 
     feedback to teachers, principals, and other schools leaders, 
     such as by--

       ``(I) developing and disseminating high-quality evaluation 
     tools, such as classroom observation rubrics, and methods, 
     including training and auditing, for ensuring inter-rater 
     reliability of evaluation results;
       ``(II) developing and providing training to principals, 
     other school leaders, coaches, mentors, and evaluators on how 
     to accurately differentiate performance, provide useful and 
     timely feedback, and use evaluation results to inform 
     decisionmaking about professional development, improvement 
     strategies, and personnel decisions; and
       ``(III) developing a system for auditing the quality of 
     evaluation and support systems.

       ``(iii) Improving equitable access to effective teachers, 
     principals, and other school leaders.
       ``(iv) Carrying out programs that establish, expand, or 
     improve alternative routes for State certification of 
     teachers (especially for teachers of children with 
     disabilities, English learners, science, technology, 
     engineering, mathematics, or other areas where the State 
     demonstrates a shortage of educators), principals, and other 
     school leaders, for--

       ``(I) individuals with a baccalaureate or master's degree, 
     or other advanced degree;
       ``(II) mid-career professionals from other occupations;
       ``(III) paraprofessionals;
       ``(IV) former military personnel; and
       ``(V) recent graduates of institutions of higher education 
     with records of academic distinction who demonstrate the 
     potential to become highly effective teachers, principals, or 
     other school leaders.

       ``(v) Developing, improving, and implementing mechanisms to 
     assist local educational agencies and schools in effectively 
     recruiting and retaining teachers, principals, and other 
     school leaders who are effective in improving student 
     academic achievement, including highly effective teachers 
     from underrepresented minority groups and teachers with 
     disabilities, such as through--

       ``(I) opportunities for a cadre of effective teachers to 
     lead evidence-based professional development for their peers;
       ``(II) career opportunities for teachers to grow as 
     leaders, including hybrid roles that allow teachers to 
     voluntarily serve as mentors or academic coaches while 
     remaining in the classroom; and
       ``(III) providing training and support for teacher leaders 
     and school leaders who are recruited as part of instructional 
     leadership teams.

       ``(vi) Fulfilling the State educational agency's 
     responsibilities concerning proper and efficient 
     administration and monitoring of the programs carried out 
     under this part, including provision of technical assistance 
     to local educational agencies.
       ``(vii) Developing, or assisting local educational agencies 
     in developing--

       ``(I) teacher advancement initiatives that promote 
     professional growth and emphasize multiple career paths, such 
     as school leadership, mentoring, involvement with school 
     intervention and support, and instructional coaching;
       ``(II) strategies that provide differential pay, or other 
     incentives, to recruit and retain teachers in high-need 
     academic subjects and teachers, principals, or other school 
     leaders, in low-income schools and school districts, which 
     may include performance-based pay systems; and
       ``(III) new teacher, principal, and other school leader 
     induction and mentoring programs that are evidence-based and 
     designed to--

       ``(aa) improve classroom instruction and student learning 
     and achievement;
       ``(bb) increase the retention of effective teachers, 
     principals, and other school leaders;
       ``(cc) improve school leadership to improve classroom 
     instruction and student learning and achievement; and
       ``(dd) provide opportunities for teachers, principals, and 
     other school leaders who are experienced, are effective, and 
     have demonstrated an ability to work with adult learners to 
     be mentors.
       ``(viii) Providing assistance to local educational agencies 
     for--

       ``(I) the development and implementation of high-quality 
     professional development programs for principals that enable 
     the principals to be effective and prepare all students to 
     meet the challenging State academic standards described in 
     section 1111(b)(1); and
       ``(II) the development and support of other school 
     leadership programs to develop educational leaders.

       ``(ix) Supporting efforts to train teachers, principals, 
     and other school leaders to effectively integrate technology 
     into curricula and instruction, which may include blended 
     learning projects that include an element of online learning, 
     combined with supervised learning time and student-led 
     learning, in which the elements are connected to provide an 
     integrated learning experience.
       ``(x) Providing training, technical assistance, and 
     capacity-building to local educational agencies that receive 
     a subgrant under this part.
       ``(xi) Supporting teacher, principal, and other school 
     leader residency programs.
       ``(xii) Reforming or improving teacher, principal, and 
     other school leader preparation programs.
       ``(xiii) Supporting the instructional services provided by 
     school librarians.
       ``(xiv) Supporting the instructional services provided by 
     athletic administrators, such as through professional 
     development or relevant State certification or licensure for 
     such administrators.
       ``(xv) Developing, or assisting local educational agencies 
     in developing, strategies that provide teachers, principals, 
     and other school leaders with the skills, credentials, or 
     certifications needed to educate all students in 
     postsecondary education coursework through early college high 
     school or dual or concurrent enrollment courses or programs.
       ``(xvi) Providing training for all school personnel, 
     including teachers, principals, other school leaders, 
     specialized instructional support personnel, and 
     paraprofessionals, regarding how to prevent and recognize 
     child sexual abuse.
       ``(xvii) Supporting principals, other school leaders, 
     teachers, teacher leaders, paraprofessionals, early childhood 
     education program directors, and other early childhood 
     education program providers to participate in efforts to 
     align and promote quality early learning experiences from 
     prekindergarten through grade 3.
       ``(xviii) Developing and providing professional development 
     and instructional materials for science, technology, 
     engineering, and mathematics subjects, including computer 
     science.
       ``(xix) Supporting the efforts of teachers, principals, and 
     other school leaders to integrate academic and career and 
     technical education content into instructional practices.
       ``(xx) Supporting other activities identified by the State 
     that are evidence-based and that meet the purpose of this 
     title.
       ``(d) State Plan.--
       ``(1) In general.--In order to receive an allotment under 
     this section for any fiscal year, a State shall submit a plan 
     to the Secretary, at such time, in such manner, and 
     containing such information as the Secretary may reasonably 
     require.
       ``(2) Contents.--Each plan described under paragraph (1) 
     shall include the following:
       ``(A) A description of how the State educational agency 
     will use funds received under this title for State-level 
     activities described in subsection (c).
       ``(B) A description of the State's system of certification, 
     licensing, and professional growth and improvement, such as 
     clinical experience for prospective educators, support for 
     new educators, professional development, professional growth 
     and leadership opportunities, and compensation systems for 
     teachers, principals, and other educators.
       ``(C) A description of how activities under this part are 
     aligned with challenging State academic standards and State 
     assessments under section 1111, which may include, as 
     appropriate, relevant State early learning and developmental 
     guidelines, as required under section 658E(c)(2)(T) of the 
     Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
     9858c(c)(2)(T)).
       ``(D) A description of how the activities using funds under 
     this part are expected to improve student achievement.
       ``(E) If a State educational agency plans to use funds 
     under this part to improve equitable access to effective 
     teachers, principals, and other school leaders, a description 
     of how such funds will be used to meet the State's commitment 
     described in section 1111(c)(1)(F) to ensure equitable access 
     to effective teachers, principals, and school leaders.
       ``(F) An assurance that the State educational agency will 
     monitor the implementation of activities under this part and 
     provide technical assistance to local educational agencies in 
     carrying out such activities.
       ``(G) An assurance that the State educational agency will 
     work in consultation with the entity responsible for teacher 
     and principal professional standards, certification, and 
     licensing for the State, and encourage collaboration between 
     educator preparation programs, the State, and local 
     educational agencies to promote the readiness of new 
     educators entering the profession.
       ``(H) A description of how the State educational agency 
     will improve the skills of teachers, principals, and other 
     school leaders in order to enable them to identify students 
     with specific learning needs, particularly students with 
     disabilities, English learners, students who are gifted and 
     talented, and students with low literacy levels, and provide 
     instruction based on the needs of such students.
       ``(I) A description of how the State will use data and 
     ongoing consultation with and

[[Page S4723]]

     input from teachers and teacher organizations, principals, 
     other school leaders, specialized instructional support 
     personnel, parents, community partners, and (where 
     applicable) institutions of higher education, to continually 
     update and improve the activities supported under this part.
       ``(3) Consultation.--In developing the State plan under 
     this subsection, a State shall--
       ``(A) involve teachers, teacher organizations, principals, 
     other school leaders, specialized instructional support 
     personnel, parents, community partners, and other 
     organizations or partners with relevant and demonstrated 
     expertise in programs and activities designed to meet the 
     purpose of this title;
       ``(B) seek advice from the individuals, organizations, or 
     partners described in subparagraph (A) regarding how best to 
     improve the State's activities to meet the purpose of this 
     title; and
       ``(C) coordinate the State's activities under this part 
     with other related strategies, programs, and activities being 
     conducted in the State.
       ``(e) Prohibition.--Nothing in this section shall be 
     construed to authorize the Secretary or any other officer or 
     employee of the Federal Government to mandate, direct, or 
     control any of the following:
       ``(1) The development, improvement, or implementation of 
     elements of any teacher, principal, or school leader 
     evaluation systems.
       ``(2) Any State or local educational agency's definition of 
     teacher, principal, or other school leader effectiveness.
       ``(3) Any teacher, principal, or other school leader 
     professional standards, certification, or licensing.

     ``SEC. 2102. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) Allocation of Funds to Local Educational Agencies.--
       ``(1) In general.--From funds reserved by a State under 
     section 2101(c)(1) for a fiscal year, the State, acting 
     through the State educational agency, shall award subgrants 
     to eligible local educational agencies from allocations 
     described in paragraph (2).
       ``(2) Allocation formula.--From the funds described in 
     paragraph (1), the State educational agency shall allocate to 
     each of the eligible local educational agencies in the State 
     for a fiscal year the sum of--
       ``(A) an amount that bears the same relationship to 20 
     percent of such funds for such fiscal year as the number of 
     individuals aged 5 through 17 in the geographic area served 
     by the agency, as determined by the Secretary on the basis of 
     the most recent satisfactory data, bears to the number of 
     those individuals in the geographic areas served by all 
     eligible local educational agencies in the State, as so 
     determined; and
       ``(B) an amount that bears the same relationship to 80 
     percent of the funds for such fiscal year as the number of 
     individuals aged 5 through 17 from families with incomes 
     below the poverty line in the geographic area served by the 
     agency, as determined by the Secretary on the basis of the 
     most recent satisfactory data, bears to the number of those 
     individuals in the geographic areas served by all the 
     eligible local educational agencies in the State, as so 
     determined.
       ``(3) Administrative costs.--Of the amounts allocated to a 
     local educational agency under paragraph (2), the local 
     educational agency may use not more than 2 percent for the 
     direct administrative costs of carrying out its 
     responsibilities under this part.
       ``(4) Rule of construction.--Nothing in this section shall 
     be construed to prohibit a consortium of local educational 
     agencies that are designated with a school locale code of 41, 
     42, or 43, or such local educational agencies designated with 
     a school locale code of 41, 42, or 43 that work in 
     cooperation with an educational service agency, from 
     voluntarily combining allocations received under this part 
     for the collective use of funding by the consortium for 
     activities under this section.
       ``(b) Local Applications.--
       ``(1) In general.--To be eligible to receive a subgrant 
     under this section, a local educational agency shall conduct 
     a needs assessment described in paragraph (2) and submit an 
     application to the State educational agency at such time, in 
     such manner, and containing such information as the State 
     educational agency may reasonably require.
       ``(2) Needs assessment.--
       ``(A) In general.--To be eligible to receive a subgrant 
     under this section, a local educational agency shall 
     periodically conduct a comprehensive needs assessment of the 
     local educational agency and of all schools served by the 
     local educational agency.
       ``(B) Requirements.--The needs assessment under 
     subparagraph (A) shall be designed to determine the schools 
     with the most acute staffing needs related to--
       ``(i) increasing the number of teachers, principals, and 
     other school leaders who are effective in improving student 
     academic achievement;
       ``(ii) ensuring that low-income and minority students are 
     not disproportionately served by ineffective teachers, 
     principals, and other school leaders;
       ``(iii) ensuring that low-income and minority students have 
     access to--

       ``(I) a high-quality instructional program (such as 
     opportunities for high-quality postsecondary education 
     coursework through an early college high school or a dual or 
     concurrent enrollment program); and
       ``(II) class sizes that are appropriate and evidence-based;

       ``(iv) hiring, retention, and advancement and leadership 
     opportunities for effective teachers, principals, and other 
     school leaders;
       ``(v) supporting and developing all educators, including 
     preschool, kindergarten, elementary, middle, or high school 
     teachers (including special education and career and 
     technical education teachers), principals, other school 
     leaders, early childhood directors, specialized instructional 
     support personnel, paraprofessionals, or other staff members 
     who provide or directly support instruction;
       ``(vi) understanding and using data and assessments to 
     improve student learning and classroom practice;
       ``(vii) improving student behavior, including the response 
     of teachers, principals, and other school leaders to student 
     behavior, in the classroom and school, including the 
     identification of early and appropriate interventions, which 
     may include positive behavioral interventions and supports;
       ``(viii) teaching students who are English learners, 
     children who are in early childhood education programs, 
     children with disabilities, American Indian children, Alaskan 
     Native children, and gifted and talented students;
       ``(ix) ensuring that funds are used to support schools 
     served by the local educational agency that are identified 
     under section 1114(a)(1)(A) and schools with high percentages 
     or numbers of children counted under section 1124(c);
       ``(x) improving the academic and non-academic skills of all 
     students that are essential for learning readiness and 
     academic success; and
       ``(xi) any other evidence-based factors that the local 
     educational agency determines are appropriate to meet the 
     needs of schools within the jurisdiction of the local 
     educational agency and meet the purpose of this title.
       ``(3) Consultation.--
       ``(A) In general.--In conducting a needs assessment 
     described in paragraph (2), a local educational agency 
     shall--
       ``(i) involve teachers, teacher organizations, principals, 
     and other school leaders, specialized instructional support 
     personnel, parents, community partners, and others with 
     relevant and demonstrated expertise in programs and 
     activities designed to meet the purpose of this title; and
       ``(ii) take into account the activities that need to be 
     conducted in order to give teachers, principals, and other 
     school leaders the skills to provide students with the 
     opportunity to meet challenging State academic standards 
     described in section 1111(b)(1).
       ``(B) Continued consultation.--A local educational agency 
     receiving a subgrant under this section shall consult with 
     such individuals and organizations described in subparagraph 
     (A) on an ongoing basis in order to--
       ``(i) seek advice regarding how best to improve the local 
     educational agency's activities to meet the purpose of this 
     title; and
       ``(ii) coordinate the local educational agency's activities 
     under this part with other related strategies, programs, and 
     activities being conducted in the community.
       ``(4) Contents of application.--Each application submitted 
     under paragraph (1) shall be based on the results of the 
     needs assessment required under paragraph (2) and shall 
     include the following:
       ``(A) A description of the results of the comprehensive 
     needs assessment carried out under paragraph (2).
       ``(B) A description of the activities to be carried out by 
     the local educational agency under this section and how these 
     activities will be aligned with the challenging State 
     academic standards described in section 1111(b)(1).
       ``(C) A description of how such activities will comply with 
     the principles of effectiveness described in section 2103(c).
       ``(D) A description of the activities, including 
     professional development, that will be made available to meet 
     needs identified by the needs assessment described in 
     paragraph (2).
       ``(E) A description of the local educational agency's 
     systems of hiring and professional growth and improvement, 
     such as induction for teachers, principals, and other school 
     leaders.
       ``(F) A description of how the local educational agency 
     will support efforts to train teachers, principals, and other 
     school leaders to effectively integrate technology into 
     curricula and instruction.
       ``(G) A description of how the local educational agency 
     will prioritize funds to schools served by the agency that 
     are identified under section 1114(a)(1)(A) and have the 
     highest percentage or number of children counted under 
     section 1124(c).
       ``(H) Where a local educational agency has a significant 
     number of schools identified under section 1114(a)(1)(A), as 
     determined by the State, a description of how the local 
     educational agency will seek the input of the State 
     educational agency in planning and implementing activities 
     under this part.
       ``(I) A description of how the local educational agency 
     will increase and improve opportunities for meaningful 
     teacher leadership and for building the capacity of teachers.
       ``(J) An assurance that the local educational agency will 
     comply with section 9501 (regarding participation by private 
     school children and teachers).

[[Page S4724]]

       ``(K) An assurance that the local educational agency will 
     coordinate professional development activities authorized 
     under this part with professional development activities 
     provided through other Federal, State, and local programs.

     ``SEC. 2103. LOCAL USE OF FUNDS.

       ``(a) In General.--A local educational agency that receives 
     a subgrant under section 2102 shall use the funds made 
     available through the subgrant to develop, implement, and 
     evaluate comprehensive, evidence-based programs and 
     activities described in subsection (b), which may be carried 
     out through a grant or contract with a for-profit or 
     nonprofit entity, in partnership with an institution of 
     higher education, or in partnership with an Indian tribe or 
     tribal organization (as defined under section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b)).
       ``(b) Types of Activities.--The activities described in 
     this subsection--
       ``(1) shall meet the needs identified in the needs 
     assessment described in section 2102(b)(2);
       ``(2) shall be in accordance with the purpose of this 
     title, evidence-based, and consistent with the principles of 
     effectiveness described in subsection (c);
       ``(3) shall address the learning needs of all students, 
     including children with disabilities, English learners, and 
     gifted and talented students; and
       ``(4) may include, among other programs and activities--
       ``(A) developing or improving a rigorous, transparent, and 
     fair evaluation and support system for teachers, principals, 
     and other school leaders that is based in part on evidence of 
     student achievement, which may include student growth, and 
     shall include multiple measures of educator performance and 
     provide clear, timely, and useful feedback to teachers, 
     principals, and other schools leaders;
       ``(B) developing and implementing initiatives to assist in 
     recruiting, hiring, and retaining highly effective teachers, 
     principals, and other school leaders, particularly in low-
     income schools with high percentages of ineffective teachers 
     and high percentages of students who do not meet the 
     challenging State academic standards described in section 
     1111(b)(1), to improve within-district equity in the 
     distribution of teachers, principals, and school leaders 
     consistent with the requirements of section 1111(c)(1)(F), 
     such as initiatives that provide--
       ``(i) expert help in screening candidates and enabling 
     early hiring;
       ``(ii) differential and incentive pay for teachers, 
     principals, and other school leaders in high-need academic 
     subject areas and specialty areas, which may include 
     performance-based pay systems;
       ``(iii) teacher, paraprofessional, principal, and other 
     school leader advancement and professional growth, and an 
     emphasis on leadership opportunities, multiple career paths 
     and pay differentiation;
       ``(iv) new teacher, principal, and other school leader 
     induction and mentoring programs that are designed to--

       ``(I) improve classroom instruction and student learning 
     and achievement;
       ``(II) increase the retention of effective teachers, 
     principals, and other school leaders;
       ``(III) improve school leadership to improve classroom 
     instruction and student learning and achievement; and
       ``(IV) provide opportunities for mentor teachers, 
     principals, and other educators who are experienced, are 
     effective, and have demonstrated an ability to work with 
     adult learners;

       ``(v) the development and provision of training for school 
     leaders, coaches, mentors and evaluators on how to accurately 
     differentiate performance, provide useful feedback, and use 
     evaluation results to inform decisionmaking about 
     professional development, improvement strategies, and 
     personnel decisions; and
       ``(vi) a system for auditing the quality of evaluation and 
     support systems;
       ``(C) recruiting qualified individuals from other fields to 
     become teachers, principals, or other school leaders 
     including mid-career professionals from other occupations, 
     former military personnel, and recent graduates of 
     institutions of higher education with a record of academic 
     distinction who demonstrate potential to become effective 
     teachers, principals, or other school leaders;
       ``(D) reducing class size to an evidence-based level to 
     improve student achievement through the recruiting and hiring 
     of additional effective teachers;
       ``(E) providing high-quality, personalized professional 
     development for teachers, instructional leadership teams, 
     principals, and other school leaders, focused on improving 
     teaching and student learning and achievement, including 
     supporting efforts to train teachers, principals, and other 
     school leaders to--
       ``(i) effectively integrate technology into curricula and 
     instruction (including education about the harms of copyright 
     piracy);
       ``(ii) use data from such technology to improve student 
     achievement;
       ``(iii) effectively engage parents, families and community 
     partners, and coordinate services between school and 
     community;
       ``(iv) help all students develop the academic and 
     nonacademic skills essential for learning readiness and 
     academic success; and
       ``(v) develop policy with school, local educational agency, 
     community, or State leaders;
       ``(F) developing programs and activities that increase the 
     ability of teachers to effectively teach children with 
     disabilities, including children with significant cognitive 
     disabilities, which may include the use of multi-tier systems 
     of support and positive behavioral intervention and supports, 
     and students who are English learners, so that such children 
     with disabilities and students who are English learners can 
     meet the challenging State academic standards described in 
     section 1111(b)(1);
       ``(G) providing programs and activities to increase--
       ``(i) the knowledge base of teachers, principals, and other 
     school leaders on instruction in the early grades and on 
     strategies to measure whether young children are progressing; 
     and
       ``(ii) the ability of principals and other school leaders 
     to support teachers, teacher leaders, early childhood 
     educators, and other professionals to meet the needs of 
     students through age 8, which may include providing joint 
     professional learning and planning activities for school 
     staff and educators in preschool programs that address the 
     transition to elementary school;
       ``(H) providing training, technical assistance, and 
     capacity-building in local educational agencies to assist 
     teachers and school leaders with selecting and implementing 
     formative assessments, designing classroom-based assessments, 
     and using data from such assessments to improve instruction 
     and student academic achievement, which may include providing 
     additional time for teachers to review student data and 
     respond, as appropriate;
       ``(I) supporting teacher, principal, and school leader 
     residency programs;
       ``(J) reforming or improving teacher, principal, and other 
     school leader preparation programs;
       ``(K) carrying out in-service training for school personnel 
     in--
       ``(i) the techniques and supports needed for early 
     identification of children with trauma histories, and 
     children with, or at risk of, mental illness;
       ``(ii) the use of referral mechanisms that effectively link 
     such children to appropriate treatment and intervention 
     services in the school and in the community, where 
     appropriate; and
       ``(iii) forming partnerships between school-based mental 
     health programs and public or private mental health 
     organizations;
       ``(L) providing training to support the identification of 
     students who are gifted and talented, including high-ability 
     students who have not been formally identified for gifted 
     education services, and implementing instructional practices 
     that support the education of such students, such as--
       ``(i) early entrance to kindergarten;
       ``(ii) enrichment, acceleration, and curriculum compacting 
     activities; and
       ``(iii) dual or concurrent enrollment in secondary school 
     and postsecondary education;
       ``(M) supporting the instructional services provided by 
     school librarians;
       ``(N) providing general liability insurance coverage for 
     teachers related to actions performed in the scope of their 
     duties;
       ``(O) providing training for all school personnel, 
     including teachers, principals, other school leaders, 
     specialized instructional support personnel, and 
     paraprofessionals, regarding how to prevent and recognize 
     child sexual abuse;
       ``(P) developing and providing professional development and 
     instructional materials for science, technology, engineering, 
     and mathematics subjects, including computer science;
       ``(Q) providing training for teachers, principals, and 
     other school leaders to address school climate issues such as 
     school violence, bullying, harassment, drug and alcohol use 
     and abuse, and rates of chronic absenteeism (including both 
     excused and unexcused absences);
       ``(R) increasing time for common planning, within and 
     across content areas and grade levels;
       ``(S) increasing opportunities for teacher-designed and 
     implemented professional development activities, which may 
     include opportunities for experiential learning through 
     observation;
       ``(T) developing feedback mechanisms to improve school 
     working conditions;
       ``(U) providing high-quality professional development for 
     teachers, principals, and other school leaders on effective 
     strategies to integrate academic and career and technical 
     education content, which may include common planning time; 
     and
       ``(V) carrying out other evidence-based activities 
     identified by the local educational agency that meet the 
     purpose of this title.
       ``(c) Principles of Effectiveness.--
       ``(1) In general.--For a program or activity supported with 
     funds provided under this part to meet principles of 
     effectiveness, such program or activity shall--
       ``(A) be based on an assessment of objective data regarding 
     the need for programs and activities in the schools to be 
     served to--
       ``(i) increase the number of teachers, principals, and 
     other school leaders who are effective in improving student 
     academic achievement;
       ``(ii) ensure that low-income and minority students are 
     served by effective teachers, principals, and other school 
     leaders; and
       ``(iii) ensure that low-income and minority students have 
     access to a high-quality instructional program;

[[Page S4725]]

       ``(B) be based on established and evidence-based criteria--
       ``(i) aimed at ensuring that all students receive a high-
     quality education taught by effective teachers and attend 
     schools led by effective principals and other school leaders; 
     and
       ``(ii) that result in improved student academic achievement 
     in the school served by the program or activity; and
       ``(C) include meaningful and ongoing consultation with and 
     input from teachers, teacher organizations, principals, other 
     school leaders, specialized instructional support personnel, 
     parents, community partners, and (where applicable) 
     institutions of higher education, in the development of the 
     application and administration of the program or activity.
       ``(2) Periodic evaluation.--
       ``(A) In general.--A program or activity carried out under 
     this section shall undergo a periodic evaluation to assess 
     its progress toward achieving the goal of providing students 
     with a high-quality education, taught by effective teachers, 
     in schools led by effective principals and school leaders 
     that results in improved student academic achievement.
       ``(B) Use of results.--The results of an evaluation 
     described in subparagraph (A) shall be--
       ``(i) used to refine, improve, and strengthen the program 
     or activity, and to refine the criteria described in 
     paragraph (1)(B); and
       ``(ii) made available to the public upon request, with 
     public notice of such availability provided.
       ``(3) Prohibition.--Nothing in this subsection shall be 
     construed to authorize the Secretary or any other officer or 
     employee of the Federal Government to mandate, direct, or 
     control the principles of effectiveness developed by local 
     educational agencies under paragraph (1) or the specific 
     programs or activities that will be implemented by a local 
     educational agency.

     ``SEC. 2104. REPORTING.

       ``(a) State Report.--Each State educational agency 
     receiving funds under this part shall annually submit to the 
     Secretary a report that provides--
       ``(1) the number and percentage of teachers, principals, 
     and other school leaders in the State and each local 
     educational agency in the State who are licensed or 
     certified, provided such information does not reveal 
     personally identifiable information;
       ``(2) the first-time passing rate of teachers and 
     principals in the State and each local educational agency in 
     the State on teacher and principal licensure examinations, 
     provided such information does not reveal personally 
     identifiable information;
       ``(3) a description of how chosen professional development 
     activities improved teacher and principal performance; and
       ``(4) if funds are used under this part to improve 
     equitable access to teachers, principals, and other school 
     leaders for low-income and minority students, a description 
     of how funds have been used to improve such access.
       ``(b) Local Educational Agency Report.--Each local 
     educational agency receiving funds under this part shall 
     submit to the State educational agency such information as 
     the State requires, which shall include the information 
     described in subsection (a) for the local educational agency.
       ``(c) Availability.--The reports and information provided 
     under subsections (a) and (b) shall be made readily available 
     to the public.
       ``(d) Limitation.--The reports and information provided 
     under subsections (a) and (b) shall not reveal personally 
     identifiable information about any individual.

     ``SEC. 2105. NATIONAL ACTIVITIES OF DEMONSTRATED 
                   EFFECTIVENESS.

       ``(a) In General.--From the funds appropriated under 
     section 2003(b) to carry out this section, the Secretary--
       ``(1) shall reserve such funds as are necessary to carry 
     out activities under subsection (b);
       ``(2) shall reserve not less than 40 percent of the funds 
     appropriated under such section to carry out activities under 
     subsection (c); and
       ``(3) shall reserve not less than 40 percent of such funds 
     to carry out activities under subsection (d).
       ``(b) Technical Assistance and National Evaluation.--From 
     the funds reserved by the Secretary under subsection (a)(1), 
     the Secretary--
       ``(1) shall establish, in a manner consistent with section 
     203 of the Educational Technical Assistance Act of 2002, a 
     comprehensive center on students at risk of not attaining 
     full literacy skills due to a disability, which shall--
       ``(A) identify or develop free or low-cost evidence-based 
     assessment tools for identifying students at risk of not 
     attaining full literacy skills due to a disability, including 
     dyslexia impacting reading and writing, or developmental 
     delay impacting reading, writing, language processing, 
     comprehension, or executive functioning;
       ``(B) identify evidence-based literacy instruction, 
     strategies, and accommodations, including assistive 
     technology, designed to meet the specific needs of such 
     students;
       ``(C) provide families of such students with information to 
     assist such students;
       ``(D) identify or develop evidence-based professional 
     development for teachers, paraprofessionals, principals, 
     other school leaders, and specialized instructional support 
     personnel to--
       ``(i) understand early indicators of students at risk of 
     not attaining full literacy skills due to a disability, 
     including dyslexia impacting reading and writing, or 
     developmental delay impacting reading, writing, language 
     processing, comprehension, or executive functioning;
       ``(ii) use evidence-based screening assessments for early 
     identification of such students beginning not later than 
     kindergarten; and
       ``(iii) implement evidence-based instruction designed to 
     meet the specific needs of such students; and
       ``(E) disseminate the products of the comprehensive center 
     to regionally diverse State educational agencies, local 
     educational agencies, regional educational agencies, and 
     schools, including, as appropriate, through partnerships with 
     other comprehensive centers established under section 203 of 
     the Educational Technical Assistance Act of 2002 and regional 
     educational laboratories established under section 174 of the 
     Education Sciences Reform Act of 2002; and
       ``(2) may--
       ``(A) provide technical assistance, which may be carried 
     out directly or through grants or contracts, to States and 
     local educational agencies carrying out activities under this 
     part; and
       ``(B) carry out evaluations of activities by States and 
     local educational agencies under this part, which shall be 
     conducted by a third party or by the Institute of Education 
     Sciences.
       ``(c) Programs of National Significance.--
       ``(1) In general.--From the funds reserved by the Secretary 
     under subsection (a)(2), the Secretary shall award grants, on 
     a competitive basis, to eligible entities for the purposes 
     of--
       ``(A) providing teachers, principals, and other school 
     leaders from nontraditional preparation and certification 
     routes or pathways to serve in traditionally underserved 
     local educational agencies;
       ``(B) providing evidence-based professional development 
     activities that addresses literacy, numeracy, remedial, or 
     other needs of local educational agencies and the students 
     the agencies serve;
       ``(C) making freely available services and learning 
     opportunities to local educational agencies, through 
     partnerships and cooperative agreements or by making the 
     services or opportunities publicly accessible through 
     electronic means; or
       ``(D) providing teachers, principals, and other school 
     leaders with evidence-based professional enhancement 
     activities, which may include activities that lead to an 
     advanced credential.
       ``(2) Program periods and diversity of projects.--
       ``(A) In general.--A grant awarded by the Secretary to an 
     eligible entity under this subsection shall be for a period 
     of not more than 3 years.
       ``(B) Renewal.--The Secretary may renew a grant awarded 
     under this subsection for 1 additional 2-year period.
       ``(C) Diversity of projects.--In awarding grants under this 
     subsection, the Secretary shall ensure that, to the extent 
     practicable, grants are distributed among eligible entities 
     that will serve geographically diverse areas, including 
     urban, suburban, and rural areas.
       ``(D) Limitation.--The Secretary shall not award more than 
     1 grant under this subsection to an eligible entity during a 
     grant competition.
       ``(3) Cost-sharing.--
       ``(A) In general.--An eligible entity that receives a grant 
     under this subsection shall provide, from non-Federal 
     sources, not less than 25 percent of the funds for the total 
     cost for each year of activities carried out under this 
     subsection.
       ``(B) Acceptable contributions.--An eligible entity that 
     receives a grant under this subsection may meet the 
     requirement of subparagraph (A) by providing contributions in 
     cash or in kind, fairly evaluated, including plant, 
     equipment, and services.
       ``(C) Waivers.--The Secretary may waive or modify the 
     requirement of subparagraph (A) in cases of demonstrated 
     financial hardship.
       ``(4) Applications.--In order to receive a grant under this 
     subsection, an eligible entity shall submit an application to 
     the Secretary at such time, in such manner, and containing 
     such information as the Secretary may reasonably require. 
     Such application shall include, at a minimum, a certification 
     that the services provided by an eligible entity under the 
     grant to a local educational agency or to a school served by 
     the local educational agency will not result in direct fees 
     for participating students or parents.
       ``(5) Definition of eligible entity.--In this subsection, 
     the term `eligible entity' means--
       ``(A) an institution of higher education that provides 
     course materials or resources that are evidence-based in 
     increasing academic achievement, graduation rates, or rates 
     of postsecondary education matriculation;
       ``(B) a national nonprofit entity with a demonstrated 
     record of raising student academic achievement, graduation 
     rates, and rates of higher education attendance, 
     matriculation, or completion, or of effectiveness in 
     providing preparation and professional development activities 
     and programs

[[Page S4726]]

     for teachers, principals, and other school leaders; or
       ``(C) a partnership consisting of--
       ``(i) 1 or more entities described in subparagraph (A) or 
     (B); and
       ``(ii) a for-profit entity.
       ``(d) School Leader Recruitment and Support Programs.--
       ``(1) In general.--From the funds reserved by the Secretary 
     under subsection (a)(3), the Secretary shall award grants, on 
     a competitive basis, to eligible entities to enable such 
     entities to improve the recruitment, preparation, placement, 
     support, and retention of effective principals and other 
     school leaders in high-need schools, which may include--
       ``(A) developing or implementing leadership training 
     programs designed to prepare and support principals and other 
     school leaders in high-need schools, including through new or 
     alternative pathways and school leader residency programs;
       ``(B) developing or implementing programs or activities for 
     recruiting, selecting, and developing aspiring or current 
     principals and other school leaders to serve in high-need 
     schools;
       ``(C) developing or implementing programs for recruiting, 
     developing, and placing school leaders to improve schools 
     identified for intervention and support under section 
     1114(a)(1)(A), including through cohort-based activities that 
     build effective instructional and school leadership teams and 
     develop a school culture, design, instructional program, and 
     professional development program focused on improving student 
     learning;
       ``(D) providing continuous professional development for 
     principals and other school leaders in high-need schools;
       ``(E) developing and disseminating information on best 
     practices and strategies for effective school leadership in 
     high-need schools, such as training and supporting principals 
     to identify, develop, and maintain school leadership teams 
     using various leadership models; and
       ``(F) other evidence-based programs or activities described 
     in section 2101(c)(3) or section 2103(b)(4) focused on 
     principals and other school leaders in high-need schools.
       ``(2) Program periods and diversity of projects.--
       ``(A) In general.--A grant awarded by the Secretary to an 
     eligible entity under this subsection shall be for a period 
     of not more than 5 years.
       ``(B) Renewal.--The Secretary may renew a grant awarded 
     under this subsection for 1 additional 2-year period.
       ``(C) Diversity of projects.--In awarding grants under this 
     subsection, the Secretary shall ensure that, to the extent 
     practicable, grants are distributed among eligible entities 
     that will serve geographically diverse areas, including 
     urban, suburban, and rural areas.
       ``(D) Limitation.--The Secretary shall not award more than 
     1 grant under this subsection to an eligible entity during a 
     grant competition.
       ``(3) Cost-sharing.--
       ``(A) In general.--An eligible entity that receives a grant 
     under this subsection shall provide, from non-Federal 
     sources, not less than 25 percent of the funds for the total 
     cost for each year of activities carried out under this 
     subsection.
       ``(B) Acceptable contributions.--An eligible entity that 
     receives a grant under this subsection may meet the 
     requirement of subparagraph (A) by providing contributions in 
     cash or in-kind, fairly evaluated, including plant, 
     equipment, and services.
       ``(C) Waivers.--The Secretary may waive or modify the 
     requirement of subparagraph (A) in cases of demonstrated 
     financial hardship.
       ``(4) Applications.--An eligible entity that desires a 
     grant under this subsection shall submit to the Secretary an 
     application at such time, in such manner, and accompanied by 
     such information as the Secretary may require.
       ``(5) Priority.--In awarding grants under this subsection, 
     the Secretary shall give priority to an eligible entity with 
     a record of preparing or developing principals who--
       ``(A) have improved school-level student outcomes;
       ``(B) have become principals in high-need schools; and
       ``(C) remain principals in high-need schools for multiple 
     years.
       ``(6) Definitions.--In this subsection--
       ``(A) the term `eligible entity' means--
       ``(i) a local educational agency, including an educational 
     service agency, that serves a high-need school or a 
     consortium of such agencies;
       ``(ii) a State educational agency or a consortium of such 
     agencies;
       ``(iii) a State educational agency in partnership with 1 or 
     more local educational agencies or educational service 
     agencies that serve a high-need school; or
       ``(iv) an entity described in clause (i), (ii), or (iii) in 
     partnership with 1 or more nonprofit organizations or 
     institutions of higher education; and
       ``(B) the term `high-need school' means--
       ``(i) an elementary school in which not less than 50 
     percent of the enrolled students are from families with 
     incomes below the poverty line; or
       ``(ii) a high school in which not less than 40 percent of 
     the enrolled students are from families with incomes below 
     the poverty line.

     ``SEC. 2106. SUPPLEMENT, NOT SUPPLANT.

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

         ``PART B--TEACHER AND SCHOOL LEADER INCENTIVE PROGRAM

     ``SEC. 2201. PURPOSES; DEFINITIONS.

       ``(a) Purposes.--The purposes of this part are--
       ``(1) to assist States, local educational agencies, and 
     nonprofit organizations to develop, implement, improve, or 
     expand comprehensive performance-based compensation systems 
     or human capital management systems for teachers, principals, 
     and other school leaders (especially for teachers, 
     principals, and other school leaders in high-need schools) 
     who raise student academic achievement and close the 
     achievement gap between high- and low-performing students; 
     and
       ``(2) to study and review performance-based compensation 
     systems or human capital management systems for teachers, 
     principals, and other school leaders to evaluate the 
     effectiveness, fairness, quality, consistency, and 
     reliability of the systems.
       ``(b) Definitions.--In this part:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a local educational agency, including a charter 
     school that is a local educational agency, or a consortium of 
     local educational agencies;
       ``(B) a State educational agency or other State agency 
     designated by the chief executive of a State to participate 
     under this part; or
       ``(C) a partnership consisting of--
       ``(i) 1 or more agencies described in subparagraph (A) or 
     (B); and
       ``(ii) at least 1 nonprofit or for-profit entity.
       ``(2) High-need school.--The term `high-need school' means 
     a public elementary school or secondary school that is 
     located in an area in which the percentage of students from 
     families with incomes below the poverty line is 30 percent or 
     more.
       ``(3) Human capital management system.--The term `human 
     capital management system' means a system--
       ``(A) by which a local educational agency makes and 
     implements human capital decisions, such as decisions on 
     preparation, recruitment, hiring, placement, retention, 
     dismissal, compensation, professional development, tenure, 
     and promotion; and
       ``(B) that includes a performance-based compensation 
     system.
       ``(4) Performance-based compensation system.--The term 
     `performance-based compensation system' means a system of 
     compensation for teachers, principals, and other school 
     leaders that--
       ``(A) differentiates levels of compensation based in part 
     on measurable increases in student academic achievement; and
       ``(B) may include--
       ``(i) differentiated levels of compensation, which may 
     include bonus pay, on the basis of the employment 
     responsibilities and success of effective teachers, 
     principals, and other school leaders in hard-to-staff schools 
     or high-need subject areas; and
       ``(ii) recognition of the skills and knowledge of teachers, 
     principals, and other school leaders as demonstrated 
     through--

       ``(I) successful fulfillment of additional responsibilities 
     or job functions, such as teacher leadership roles; and
       ``(II) evidence of professional achievement and mastery of 
     content knowledge and superior teaching and leadership 
     skills.

     ``SEC. 2202. TEACHER AND SCHOOL LEADER INCENTIVE FUND GRANTS.

       ``(a) Grants Authorized.--From the amounts appropriated to 
     carry out this part, the Secretary shall award grants, on a 
     competitive basis, to eligible entities to enable the 
     eligible entities to develop, implement, improve, or expand 
     performance-based compensation systems or human capital 
     management systems, in schools served by the eligible entity.
       ``(b) Duration of Grants.--
       ``(1) In general.--A grant awarded under this part shall be 
     for a period of not more than 3 years.
       ``(2) Renewal.--The Secretary may renew a grant awarded 
     under this part for a period of up to 2 years if the grantee 
     demonstrates to the Secretary that the grantee is effectively 
     utilizing funds. Such renewal may include allowing the 
     grantee to scale up or replicate the successful program.
       ``(3) Limitation.--A local educational agency may receive 
     (whether individually or as part of a consortium or 
     partnership) a grant under this part only twice, as of the 
     date of enactment of the Every Child Achieves Act of 2015.
       ``(c) Applications.--An eligible entity desiring a grant 
     under this part shall submit an application to the Secretary, 
     at such time, in such manner, and containing such information 
     as the Secretary may reasonably require. The application 
     shall include--
       ``(1) a description of the performance-based compensation 
     system or human capital management system that the eligible 
     entity proposes to develop, implement, improve, or expand 
     through the grant;
       ``(2) a description of the most pressing gaps or 
     insufficiencies in student access to effective teachers and 
     school leaders in high-need schools, including gaps or 
     inequities in how effective teachers and school leaders are 
     distributed across the local educational agency, as 
     identified using factors such as data on school resources, 
     staffing patterns, school environment, educator support 
     systems, and other school-level factors;

[[Page S4727]]

       ``(3) a description and evidence of the support and 
     commitment from teachers, principals, and other school 
     leaders, which may include charter school leaders, in the 
     school (including organizations representing teachers, 
     principals, and other school leaders), the community, and the 
     local educational agency to the activities proposed under the 
     grant;
       ``(4) a description of how the eligible entity will develop 
     and implement a fair, rigorous, valid, reliable, and 
     objective process to evaluate teacher, principal, school 
     leader, and student performance under the system that is 
     based in part on measures of student academic achievement, 
     including the baseline performance against which evaluations 
     of improved performance will be made;
       ``(5) a description of the local educational agencies or 
     schools to be served under the grant, including such student 
     academic achievement, demographic, and socioeconomic 
     information as the Secretary may request;
       ``(6) a description of the quality of teachers, principals, 
     and other school leaders in the local educational agency and 
     the schools to be served under the grant and the extent to 
     which the system will increase the quality of teachers, 
     principals, and other school leaders in a high-need school;
       ``(7) a description of how the eligible entity will use 
     grant funds under this part in each year of the grant, 
     including a timeline for implementation of such activities;
       ``(8) a description of how the eligible entity will 
     continue the activities assisted under the grant after the 
     grant period ends;
       ``(9) a description of the State, local, or other public or 
     private funds that will be used to supplement the grant, 
     including funds under part A, and sustain the activities 
     assisted under the grant at the end of the grant period;
       ``(10) a description of--
       ``(A) the rationale for the project;
       ``(B) how the proposed activities are evidence-based; and
       ``(C) if applicable, the prior experience of the eligible 
     entity in developing and implementing such activities; and
       ``(11) a description of how activities funded under this 
     part will be evaluated, monitored, and publically reported.
       ``(d) Award Basis.--
       ``(1) Priority.--In awarding a grant under this part, the 
     Secretary shall give priority to an eligible entity that 
     concentrates the activities proposed to be assisted under the 
     grant on teachers, principals, and other school leaders 
     serving in high-need schools.
       ``(2) Equitable distribution.--To the extent practicable, 
     the Secretary shall ensure an equitable geographic 
     distribution of grants under this part, including the 
     distribution of such grants between rural and urban areas.
       ``(e) Use of Funds.--
       ``(1) In general.--An eligible entity that receives a grant 
     under this part shall use the grant funds to develop, 
     implement, improve, or expand, in collaboration with 
     teachers, principals, other school leaders, and members of 
     the public, a performance-based compensation system or human 
     capital management system consistent with this part.
       ``(2) Authorized activities.--Grant funds under this part 
     may be used for the following:
       ``(A) Developing or improving an evaluation and support 
     system, including as part of a human capital management 
     system as applicable, that--
       ``(i) reflects clear and fair measures of teacher, 
     principal, and other school leader performance, based in part 
     on demonstrated improvement in student academic achievement; 
     and
       ``(ii) provides teachers, principals, and other school 
     leaders with ongoing, differentiated, targeted, and 
     personalized support and feedback for improvement, including 
     professional development opportunities designed to increase 
     effectiveness.
       ``(B) Conducting outreach within a local educational agency 
     or a State to gain input on how to construct an evaluation 
     system described in subparagraph (A) and to develop support 
     for the evaluation system, including by training appropriate 
     personnel in how to observe and evaluate teachers, 
     principals, and other school leaders.
       ``(C) Providing principals and other school leaders with--
       ``(i) balanced autonomy to make budgeting, scheduling, and 
     other school-level decisions in a manner that meets the needs 
     of the school without compromising the intent or essential 
     components of the policies of the local educational agency or 
     State; and
       ``(ii) authority to make staffing decisions that meet the 
     needs of the school, such as building an instructional 
     leadership team that includes teacher leaders or offering 
     opportunities for teams or pairs of effective teachers or 
     candidates to teach or start teaching in high-need schools 
     together.
       ``(D) Implementing, as part of a comprehensive performance-
     based compensation system, a differentiated salary structure, 
     which may include bonuses and stipends, to--
       ``(i) teachers who--

       ``(I)(aa) teach in high-need schools; or
       ``(bb) teach in high-need subjects;
       ``(II) raise student academic achievement; or
       ``(III) take on additional leadership responsibilities; or

       ``(ii) principals and other school leaders who serve in 
     high-need schools and raise student academic achievement in 
     the schools.
       ``(E) Improving the local educational agency's system and 
     process for the recruitment, selection, placement, and 
     retention of effective teachers and school leaders in high-
     need schools, such as by improving local educational agency 
     policies and procedures to ensure that high-need schools are 
     competitive and timely in--
       ``(i) attracting, hiring, and retaining effective 
     educators;
       ``(ii) offering bonuses or higher salaries to effective 
     teachers; or
       ``(iii) establishing or strengthening residency programs.
       ``(F) Instituting career advancement opportunities 
     characterized by increased responsibility and pay that reward 
     and recognize effective teachers and school leaders in high-
     need schools and enable them to expand their leadership and 
     results, such as through teacher-led professional 
     development, mentoring, coaching, hybrid roles, 
     administrative duties, and career ladders.
       ``(f) Matching Requirement.--Each eligible entity that 
     receives a grant under this part shall provide, from non-
     Federal sources, an amount equal to 50 percent of the amount 
     of the grant (which may be provided in cash or in-kind) to 
     carry out the activities supported by the grant.
       ``(g) Supplement, Not Supplant.--Grant funds provided under 
     this part shall be used to supplement, not supplant, other 
     Federal or State funds available to carry out activities 
     described in this part.

     ``SEC. 2203. REPORTS.

       ``(a) Activities Summary.--Each eligible entity receiving a 
     grant under this part shall provide to the Secretary a 
     summary of the activities assisted under the grant.
       ``(b) Report.--The Secretary shall provide to Congress an 
     annual report on the implementation of the program carried 
     out under this part, including--
       ``(1) information on eligible entities that received grant 
     funds under this part, including--
       ``(A) information provided by eligible entities to the 
     Secretary in the applications submitted under section 
     2202(c);
       ``(B) the summaries received under subsection (a); and
       ``(C) grant award amounts; and
       ``(2) student academic achievement and, as applicable, 
     growth data from the schools participating in the programs 
     supported under the grant.
       ``(c) Evaluation and Technical Assistance.--
       ``(1) Reservation of funds.--Of the total amount reserved 
     under section 2003(c) for this part for a fiscal year, the 
     Secretary may reserve for such fiscal year not more than 1 
     percent for the cost of the evaluation under paragraph (2) 
     and for technical assistance in carrying out this part.
       ``(2) Evaluation.--From amounts reserved under paragraph 
     (1), the Secretary, acting through the Director of the 
     Institute of Education Sciences, shall carry out an 
     independent evaluation to measure the effectiveness of the 
     program assisted under this part.
       ``(3) Contents.--The evaluation under paragraph (2) shall 
     measure--
       ``(A) the effectiveness of the program in improving student 
     academic achievement;
       ``(B) the satisfaction of the participating teachers, 
     principals, and other school leaders; and
       ``(C) the extent to which the program assisted the eligible 
     entities in recruiting and retaining high-quality teachers, 
     principals, and other school leaders, especially in high-need 
     subject areas.''.

     SEC. 2003. AMERICAN HISTORY AND CIVICS EDUCATION.

       Title II (20 U.S.C. 6601 et seq.), as amended by section 
     2002, is further amended by adding at the end the following:

            ``PART C--AMERICAN HISTORY AND CIVICS EDUCATION

     ``SEC. 2301. PROGRAM AUTHORIZED.

       ``(a) In General.--From amounts appropriated to carry out 
     this part, the Secretary is authorized to carry out an 
     American history and civics education program to improve--
       ``(1) the quality of American history, civics, and 
     government education by educating students about the history 
     and principles of the Constitution of the United States, 
     including the Bill of Rights; and
       ``(2) the quality of the teaching of American history, 
     civics, and government in elementary schools and secondary 
     schools, including the teaching of traditional American 
     history.
       ``(b) Funding Allotment.--From amounts made available under 
     section 2305 for a fiscal year, the Secretary shall--
       ``(1) use not less than 85 percent for activities under 
     section 2302;
       ``(2) use not less than 10 percent for activities under 
     section 2303; and
       ``(3) use not more than 5 percent for activities under 
     section 2304.

     ``SEC. 2302. TEACHING OF TRADITIONAL AMERICAN HISTORY.

       ``(a) In General.--From the amounts reserved by the 
     Secretary under section 2301(b)(1), the Secretary shall award 
     grants, on a competitive basis, to local educational 
     agencies--
       ``(1) to carry out activities to promote the teaching of 
     traditional American history in elementary schools and 
     secondary schools as a separate academic subject (not as a 
     component of social studies); and
       ``(2) for the development, implementation, and 
     strengthening of programs to teach traditional American 
     history as a separate academic subject (not as a component of 
     social

[[Page S4728]]

     studies) within elementary school and secondary school 
     curricula, including the implementation of activities--
       ``(A) to improve the quality of instruction; and
       ``(B) to provide professional development and teacher 
     education activities with respect to American history.
       ``(b) Required Partnership.--A local educational agency 
     that receives a grant under subsection (a) shall carry out 
     activities under the grant in partnership with 1 or more of 
     the following:
       ``(1) An institution of higher education.
       ``(2) A nonprofit history or humanities organization.
       ``(3) A library or museum.
       ``(c) Application.--To be eligible to receive a grant under 
     this section, a local educational agency shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require.
       ``(d) Grant Terms.--Grants awarded under subsection (a) 
     shall be for a term of not more than 5 years.

     ``SEC. 2303. PRESIDENTIAL AND CONGRESSIONAL ACADEMIES FOR 
                   AMERICAN HISTORY AND CIVICS.

       ``(a) In General.--From the amounts reserved under section 
     2301(b)(2), the Secretary shall award not more than 12 
     grants, on a competitive basis, to--
       ``(1) eligible entities to establish Presidential Academies 
     for the Teaching of American History and Civics (in this 
     section referred to as the `Presidential Academies') in 
     accordance with subsection (e); and
       ``(2) eligible entities to establish Congressional 
     Academies for Students of American History and Civics (in 
     this section referred to as the `Congressional Academies') in 
     accordance with subsection (f).
       ``(b) Application.--An eligible entity that desires to 
     receive a grant under subsection (a) shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require.
       ``(c) Eligible Entity.--The term `eligible entity' under 
     this section means--
       ``(1) an institution of higher education or nonprofit 
     educational organization, museum, library, or research center 
     with demonstrated expertise in historical methodology or the 
     teaching of American history and civics; or
       ``(2) a consortium of entities described in paragraph (1).
       ``(d) Grant Terms.--Grants awarded to eligible entities 
     under subsection (a) shall be for a term of not more than 5 
     years.
       ``(e) Presidential Academies.--
       ``(1) Use of funds.--Each eligible entity that receives a 
     grant under subsection (a)(1) shall use the grant funds to 
     establish a Presidential Academy that offers a seminar or 
     institute for teachers of American history and civics, 
     which--
       ``(A) provides intensive professional development 
     opportunities for teachers of American history and civics to 
     strengthen such teachers' knowledge of the subjects of 
     American history and civics;
       ``(B) is led by a team of primary scholars and core 
     teachers who are accomplished in the field of American 
     history and civics;
       ``(C) is conducted during the summer or other appropriate 
     time; and
       ``(D) is of not less than 2 weeks and not more than 6 weeks 
     in duration.
       ``(2) Selection of teachers.--Each year, each Presidential 
     Academy shall select between 50 and 300 teachers of American 
     history and civics from public or private elementary schools 
     and secondary schools to attend the seminar or institute 
     under paragraph (1).
       ``(3) Teacher stipends.--Each teacher selected to 
     participate in a seminar or institute under this subsection 
     shall be awarded a fixed stipend based on the length of the 
     seminar or institute to ensure that such teacher does not 
     incur personal costs associated with the teacher's 
     participation in the seminar or institute.
       ``(4) Priority.--In awarding grants under this subsection, 
     the Secretary shall give priority to eligible entities that 
     coordinate or align their activities with the National Park 
     Service National Centennial Parks initiative to develop 
     innovative and comprehensive programs using the resources of 
     the National Parks.
       ``(f) Congressional Academies.--
       ``(1) Use of funds.--Each eligible entity that receives a 
     grant under subsection (a)(2) shall use the grant funds to 
     establish a Congressional Academy that offers a seminar or 
     institute for outstanding students of American history and 
     civics, which--
       ``(A) broadens and deepens such students' understanding of 
     American history and civics;
       ``(B) is led by a team of primary scholars and core 
     teachers who are accomplished in the field of American 
     history and civics;
       ``(C) is conducted during the summer or other appropriate 
     time; and
       ``(D) is of not less than 2 weeks and not more than 6 weeks 
     in duration.
       ``(2) Selection of students.--
       ``(A) In general.--Each year, each Congressional Academy 
     shall select between 100 and 300 eligible students to attend 
     the seminar or institute under paragraph (1).
       ``(B) Eligible students.--A student shall be eligible to 
     attend a seminar or institute offered by a Congressional 
     Academy under this subsection if the student--
       ``(i) is recommended by the student's secondary school 
     principal or other school leader to attend the seminar or 
     institute; and
       ``(ii) will be a junior or senior in the academic year 
     following attendance at the seminar or institute.
       ``(3) Student stipends.--Each student selected to 
     participate in a seminar or institute under this subsection 
     shall be awarded a fixed stipend based on the length of the 
     seminar or institute to ensure that such student does not 
     incur personal costs associated with the student's 
     participation in the seminar or institute.
       ``(g) Matching Funds.--
       ``(1) In general.--An eligible entity that receives funds 
     under subsection (a) shall provide, toward the cost of the 
     activities assisted under the grant, from non-Federal 
     sources, an amount equal to 100 percent of the amount of the 
     grant.
       ``(2) Waiver.--The Secretary may waive all or part of the 
     matching requirement described in paragraph (1) for any 
     fiscal year for an eligible entity if the Secretary 
     determines that applying the matching requirement would 
     result in serious hardship or an inability to carry out the 
     activities described in subsection (e) or (f).

     ``SEC. 2304. NATIONAL ACTIVITIES.

       ``(a) Purpose.--The purpose of this section is to promote 
     new and existing evidence-based strategies to encourage 
     innovative American history, civics and government, and 
     geography instruction, learning strategies, and professional 
     development activities and programs for teachers, principals, 
     and other school leaders, particularly such instruction, 
     strategies, activities, and programs that benefit low-income 
     students and underserved populations.
       ``(b) In General.--From the funds reserved by the Secretary 
     under section 2301(b)(3), the Secretary shall award grants, 
     on a competitive basis, to eligible entities for the purposes 
     of--
       ``(1) expanding, developing, implementing, evaluating, and 
     disseminating for voluntary use, innovative, evidenced-based 
     approaches or professional development programs in American 
     history, civics and government, and geography, which may 
     include--
       ``(A) hands-on civic engagement activities for teachers and 
     low-income students; and
       ``(B) programs that educate students about the history and 
     principles of the Constitution of the United States, 
     including the Bill of Rights and that demonstrate 
     scalability, accountability, and a focus on underserved 
     populations; and
       ``(2) developing other innovative approaches that--
       ``(A) improve the quality of student achievement in, and 
     teaching of, American history, civics and government, and 
     geography, in elementary schools and secondary schools; and
       ``(B) demonstrate innovation, scalability, accountability, 
     and a focus on underserved populations.
       ``(c) Program Periods and Diversity of Projects.--
       ``(1) In general.--A grant awarded by the Secretary to an 
     eligible entity under this section shall be for a period of 
     not more than 3 years.
       ``(2) Renewal.--The Secretary may renew a grant awarded 
     under this section for 1 additional 2-year period.
       ``(3) Diversity of projects.--In awarding grants under this 
     section, the Secretary shall ensure that, to the extent 
     practicable, grants are distributed among eligible entities 
     that will serve geographically diverse areas, including 
     urban, suburban, and rural areas.
       ``(d) Applications.--In order to receive a grant under this 
     section, an eligible entity shall submit an application to 
     the Secretary at such time, in such manner, and containing 
     such information as the Secretary may reasonably require.
       ``(e) Eligible Entity.--In this section, the term `eligible 
     entity' means an institution of higher education or other 
     nonprofit or for-profit organization with demonstrated 
     expertise in the development of evidence-based approaches for 
     improving the quality of American history, geography, and 
     civics learning and teaching.

     ``SEC. 2305. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for fiscal years 2016 
     through 2021.''.

     SEC. 2004. LITERACY EDUCATION.

       Title II (20 U.S.C. 6601 et seq.), as amended by sections 
     2001 through 2003, is further amended by adding at the end 
     the following:

      ``PART D--LITERACY EDUCATION FOR ALL, RESULTS FOR THE NATION

     ``SEC. 2401. PURPOSES; DEFINITIONS.

       ``(a) Purposes.--The purposes of this part are--
       ``(1) to improve student academic achievement in reading 
     and writing by providing Federal support to States to 
     develop, revise, or update comprehensive literacy instruction 
     plans that, when implemented, ensure high-quality instruction 
     and effective strategies in reading and writing from early 
     education through grade 12; and
       ``(2) for States to provide targeted subgrants to State-
     designated early childhood education programs and local 
     educational agencies and their public or private partners to 
     implement evidenced-based programs that ensure high-quality 
     comprehensive literacy instruction for students most in need.
       ``(b) Definitions.--In this part:
       ``(1) Comprehensive literacy instruction.--The term 
     `comprehensive literacy instruction' means instruction that--

[[Page S4729]]

       ``(A) includes developmentally appropriate, contextually 
     explicit, and systematic instruction, and frequent practice, 
     in reading and writing across content areas;
       ``(B) includes age-appropriate, explicit, systematic, and 
     intentional instruction in phonological awareness, phonic 
     decoding, vocabulary, language structure, reading fluency, 
     and reading comprehension;
       ``(C) includes age-appropriate, explicit instruction in 
     writing, including opportunities for children to write with 
     clear purposes, with critical reasoning appropriate to the 
     topic and purpose, and with specific instruction and feedback 
     from instructional staff;
       ``(D) makes available and uses diverse, high-quality print 
     materials that reflect the reading and development levels, 
     and interests, of children;
       ``(E) uses differentiated instructional approaches, 
     including individual and small group instruction and 
     discussion;
       ``(F) provides opportunities for children to use language 
     with peers and adults in order to develop language skills, 
     including developing vocabulary;
       ``(G) includes frequent practice of reading and writing 
     strategies;
       ``(H) uses age-appropriate, valid, and reliable screening 
     assessments, diagnostic assessments, formative assessment 
     processes, and summative assessments to identify a child's 
     learning needs, to inform instruction, and to monitor the 
     child's progress and the effects of instruction;
       ``(I) uses strategies to enhance children's motivation to 
     read and write and children's engagement in self-directed 
     learning;
       ``(J) incorporates the principles of universal design for 
     learning;
       ``(K) depends on teachers' collaboration in planning, 
     instruction, and assessing a child's progress and on 
     continuous professional learning; and
       ``(L) links literacy instruction to the challenging State 
     academic standards under section 1111(b)(1), including the 
     ability to navigate, understand, and write about, complex 
     print and digital subject matter.
       ``(2) Eligible entity.--The term `eligible entity' means an 
     entity that serves a high percentage of high-need schools and 
     consists of--
       ``(A) one or more local educational agencies that--
       ``(i) have the highest number or proportion of children who 
     are counted under section 1124(c), in comparison to other 
     local educational agencies in the State;
       ``(ii) are among the local educational agencies in the 
     State with the highest number or percentages of children 
     reading or writing below grade level, based on the most 
     currently available State academic assessment data under 
     section 1111(b)(2); or
       ``(iii) serve a significant number or percentage of schools 
     that are identified under section 1114(a)(1)(A);
       ``(B) one or more State-designated early childhood 
     education programs, which may include home-based literacy 
     programs for preschool aged children, that have a 
     demonstrated record of providing comprehensive literacy 
     instruction for the age group such program proposes to serve; 
     or
       ``(C) a local educational agency, described in subparagraph 
     (A), or consortium of such local educational agencies, or a 
     State-designated early childhood education program, which may 
     include home-based literacy programs for preschool aged 
     children, acting in partnership with 1 or more public or 
     private nonprofit organizations or agencies (which may 
     include State-designated early childhood education programs) 
     that have a demonstrated record of effectiveness in--
       ``(i) improving literacy achievement of children, 
     consistent with the purposes of their participation, from 
     birth through grade 12; and
       ``(ii) providing professional development in comprehensive 
     literacy instruction.
       ``(3) High-need school.--
       ``(A) In general.--The term `high-need school' means--
       ``(i) an elementary school or middle school in which not 
     less than 50 percent of the enrolled students are children 
     from low-income families; or
       ``(ii) a high school in which not less than 40 percent of 
     the enrolled students are children from low-income families, 
     which may be calculated using comparable data from the 
     schools that feed into the high school.
       ``(B) Low-income family.--For purposes of subparagraph (A), 
     the term `low-income family' means a family--
       ``(i) in which the children are eligible for a free or 
     reduced price lunch under the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1751 et seq.);
       ``(ii) receiving assistance under the program of block 
     grants to States for temporary assistance for needy families 
     established under part A of title IV of the Social Security 
     Act (42 U.S.C. 601 et seq.); or
       ``(iii) in which the children are eligible to receive 
     medical assistance under the Medicaid program under title XIX 
     of the Social Security Act (42 U.S.C. 1396 et seq.).

     ``SEC. 2402. COMPREHENSIVE LITERACY STATE DEVELOPMENT GRANTS.

       ``(a) Grants Authorized.--From the amounts appropriated to 
     carry out this part and not reserved under subsection (b), 
     the Secretary shall award grants, on a competitive basis, to 
     State educational agencies to enable the State educational 
     agencies to--
       ``(1) provide subgrants to eligible entities serving a 
     diversity of geographic areas, giving priority to entities 
     serving greater numbers or percentages of disadvantaged 
     children; and
       ``(2) develop or enhance comprehensive literacy instruction 
     plans that ensure high-quality instruction and effective 
     strategies in reading and writing for children from early 
     childhood education through grade 12, including English 
     learners and children with disabilities.
       ``(b) Reservation.--From the amounts appropriated to carry 
     out this part for a fiscal year, the Secretary shall 
     reserve--
       ``(1) not more than a total of 5 percent for national 
     activities including a national evaluation, technical 
     assistance and training, data collection, and reporting;
       ``(2) one-half of 1 percent for the Secretary of the 
     Interior to carry out a program described in this part at 
     schools operated or funded by the Bureau of Indian Education; 
     and
       ``(3) one-half of 1 percent for the outlying areas to carry 
     out a program under this part.
       ``(c) Duration of Grants.--A grant awarded under this part 
     shall be for a period of not more than 5 years. Such grant 
     may be renewed for an additional 2-year period upon the 
     termination of the initial period of the grant if the grant 
     recipient demonstrates to the satisfaction of the Secretary 
     that--
       ``(1) the State has made adequate progress; and
       ``(2) renewing the grant for an additional 2-year period is 
     necessary to carry out the objectives of the grant described 
     in subsection (d).
       ``(d) State Applications.--
       ``(1) In general.--A State educational agency desiring a 
     grant under this part shall submit an application to the 
     Secretary, at such time and in such manner as the Secretary 
     may require. The State educational agency shall collaborate 
     with the State agency responsible for administering early 
     childhood education programs and the State agency responsible 
     for administering child care programs in the State in writing 
     and implementing the early childhood education portion of the 
     grant application under this subsection.
       ``(2) Contents.--An application described in paragraph (1) 
     shall include, at a minimum, the following:
       ``(A) A needs assessment that analyzes literacy needs 
     across the State and in high-need schools and local 
     educational agencies that serve high-need schools, including 
     identifying the most pressing gaps in literacy proficiency 
     and inequities in student access to effective teachers of 
     literacy, considering each of the categories of students, as 
     defined in section 1111(b)(3)(A).
       ``(B) A description of how the State educational agency, in 
     collaboration with the State literacy team, if applicable, 
     will develop a State comprehensive literacy instruction plan 
     or will revise and update an already existing State 
     comprehensive literacy instruction plan.
       ``(C) An implementation plan that includes a description of 
     how the State educational agency will carry out the State 
     activities described in subsection (e).
       ``(D) An assurance that the State educational agency will 
     use implementation grant funds described in subsection (e)(1) 
     for comprehensive literacy instruction programs as follows:
       ``(i) Not less than 15 percent of such grant funds shall be 
     used for State and local programs and activities pertaining 
     to children from birth through kindergarten entry.
       ``(ii) Not less than 40 percent of such grant funds shall 
     be used for State and local programs and activities, 
     allocated equitably among the grades of kindergarten through 
     grade 5.
       ``(iii) Not less than 40 percent of such grant funds shall 
     be used for State and local programs and activities, 
     allocated equitably among grades 6 through 12.
       ``(E) An assurance that the State educational agency will 
     give priority in awarding a subgrant under section 2403 to an 
     eligible entity that--
       ``(i) serves children from birth through age 5 who are from 
     families with income levels at or below 200 percent of the 
     Federal poverty line; or
       ``(ii) is a local educational agency serving a high number 
     or percentage of high-need schools.
       ``(e) State Activities.--
       ``(1) In general.--A State educational agency receiving a 
     grant under this section shall use not less than 95 percent 
     of such grant funds to award subgrants to eligible entities, 
     based on their needs assessment and a competitive application 
     process.
       ``(2) Reservation.--A State educational agency receiving a 
     grant under this section may reserve not more than 5 percent 
     for activities identified through the needs assessment and 
     comprehensive literacy plan described in subparagraphs (A) 
     and (B) of subsection (d)(2), including the following 
     activities:
       ``(A) Providing technical assistance, or engaging qualified 
     providers to provide technical assistance, to eligible 
     entities to enable the eligible entities to design and 
     implement literacy programs.
       ``(B) Coordinating with institutions of higher education in 
     the State to provide recommendations to strengthen and 
     enhance pre-service courses for students preparing to teach 
     children from birth through grade 12 in explicit, systematic, 
     and intensive instruction in evidence-based literacy methods.
       ``(C) Reviewing and updating, in collaboration with 
     teachers, statewide educational and professional 
     organizations representing

[[Page S4730]]

     teachers, and statewide educational and professional 
     organizations representing institutions of higher education, 
     State licensure or certification standards in the area of 
     literacy instruction in early education through grade 12.
       ``(D) Making publicly available, including on the State 
     educational agency's website, information on promising 
     instructional practices to improve child literacy 
     achievement.
       ``(E) Administering and monitoring the implementation of 
     subgrants by eligible entities.
       ``(3) Additional uses.--After carrying out the activities 
     described in paragraphs (1) and (2), a State educational 
     agency may use any remaining amount to carry out 1 or more of 
     the following activities:
       ``(A) Developing literacy coach training programs and 
     training literacy coaches.
       ``(B) Administration and evaluation of activities carried 
     out under this part.

     ``SEC. 2403. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF 
                   BIRTH THROUGH KINDERGARTEN ENTRY LITERACY.

       ``(a) Subgrants.--
       ``(1) In general.--A State educational agency receiving a 
     grant under this part shall, in consultation with the State 
     agencies responsible for administering early childhood 
     education programs and services, including the State agency 
     responsible for administering child care programs, and, if 
     applicable, the State Advisory Council on Early Childhood 
     Education and Care designated or established pursuant to 
     section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 
     9837b(b)(1)(A)(i))), use a portion of the grant funds, in 
     accordance with section 2402(d)(2)(D)(i), to award subgrants, 
     on a competitive basis, to eligible entities to enable the 
     eligible entities to support high-quality early literacy 
     initiatives for children from birth through kindergarten 
     entry.
       ``(2) Duration.--The term of a subgrant under this section 
     shall be determined by the State educational agency awarding 
     the subgrant and shall in no case exceed 5 years.
       ``(3) Sufficient size and scope.--Each subgrant awarded 
     under this section shall be of sufficient size and scope to 
     allow the eligible entity to carry out high-quality early 
     literacy initiatives for children from birth through 
     kindergarten entry.
       ``(b) Local Applications.--An eligible entity desiring to 
     receive a subgrant under this section shall submit an 
     application to the State educational agency, at such time, in 
     such manner, and containing such information as the State 
     educational agency may require. Such application shall 
     include a description of--
       ``(1) how the subgrant funds will be used to enhance the 
     language and literacy development and school readiness of 
     children, from birth through kindergarten entry, in early 
     childhood education programs, which shall include an analysis 
     of data that support the proposed use of subgrant funds;
       ``(2) how the subgrant funds will be used to prepare and 
     provide ongoing assistance to staff in the programs, through 
     high-quality professional development;
       ``(3) how the activities assisted under the subgrant will 
     be coordinated with comprehensive literacy instruction at the 
     kindergarten through grade 12 levels;
       ``(4) how the subgrant funds will be used to evaluate the 
     success of the activities assisted under the subgrant in 
     enhancing the early language and literacy development of 
     children from birth through kindergarten entry; and
       ``(5) such other information as the State educational 
     agency may require.
       ``(c) Local Uses of Funds.--An eligible entity that 
     receives a subgrant under this section shall use the subgrant 
     funds, consistent with the entity's approved application 
     under subsection (b), to--
       ``(1) carry out high-quality professional development 
     opportunities for early childhood educators, teachers, 
     principals, other school leaders, paraprofessionals, 
     specialized instructional support personnel, and 
     instructional leaders;
       ``(2) train providers and personnel to develop and 
     administer high-quality early childhood education literacy 
     initiatives; and
       ``(3) coordinate the involvement of families, early 
     childhood education program staff, principals, other school 
     leaders, and teachers in literacy development of children 
     served under the subgrant.

     ``SEC. 2404. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF 
                   KINDERGARTEN THROUGH GRADE 12 LITERACY.

       ``(a) Subgrants to Eligible Entities.--
       ``(1) Subgrants.--A State educational agency receiving a 
     grant under this part shall use a portion of the grant funds, 
     in accordance with clauses (ii) and (iii) of section 
     2402(d)(2)(D), to award subgrants, on a competitive basis, to 
     eligible entities to enable the eligible entities to carry 
     out the authorized activities described in subsections (b) 
     and (c).
       ``(2) Duration.--The term of a subgrant under this section 
     shall be determined by the State educational agency awarding 
     the subgrant and shall in no case exceed 5 years.
       ``(3) Sufficient size and scope.--A State educational 
     agency shall award subgrants under this section of sufficient 
     size and scope to allow the eligible entities to carry out 
     high-quality comprehensive literacy instruction in each grade 
     level for which the subgrant funds are provided.
       ``(4) Local applications.--An eligible entity desiring to 
     receive a subgrant under this section shall submit an 
     application to the State educational agency at such time, in 
     such manner, and containing such information as the State 
     educational agency may require. Such application shall 
     include, for each school that the eligible entity identifies 
     as participating in a subgrant program under this section, 
     the following information:
       ``(A) A description of the eligible entity's needs 
     assessment conducted to identify how subgrant funds will be 
     used to inform and improve comprehensive literacy instruction 
     at the school.
       ``(B) How the school, the local educational agency, or a 
     provider of high-quality professional development will 
     provide ongoing high-quality professional development to all 
     teachers, principals, other school leaders, and other 
     instructional leaders served by the school.
       ``(C) How the school will identify children in need of 
     literacy interventions or other support services.
       ``(D) An explanation of how the school will integrate 
     comprehensive literacy instruction into core academic 
     subjects.
       ``(E) A description of how the school will coordinate 
     comprehensive literacy instruction with early childhood 
     education and after-school programs and activities in the 
     area served by the local educational agency.
       ``(b) Local Uses of Funds for Kindergarten Through Grade 
     5.--An eligible entity that receives a subgrant under this 
     section shall use the subgrant funds to carry out the 
     following activities pertaining to children in kindergarten 
     through grade 5:
       ``(1) Developing and implementing a comprehensive literacy 
     instruction plan across content areas for such children 
     that--
       ``(A) serves the needs of all children, including children 
     with disabilities and English learners, especially children 
     who are reading or writing below grade level;
       ``(B) provides intensive, supplemental, accelerated, and 
     explicit intervention and support in reading and writing for 
     children whose literacy skills are below grade level; and
       ``(C) supports activities that are provided primarily 
     during the regular school day but which may be augmented by 
     after-school and out-of-school time instruction.
       ``(2) Providing high-quality professional development 
     opportunities for teachers, literacy coaches, literacy 
     specialists, English as a second language specialists (as 
     appropriate), principals, other school leaders, specialized 
     instructional support personnel, paraprofessionals, and other 
     program staff.
       ``(3) Training principals, specialized instructional 
     support personnel, and other school district personnel to 
     support, develop, administer, and evaluate high-quality 
     kindergarten through grade 5 literacy initiatives.
       ``(4) Coordinating the involvement of early childhood 
     education program staff, principals, other instructional 
     leaders, teachers, teacher literacy teams, English as a 
     second language specialists (as appropriate), special 
     educators, and school personnel in the literacy development 
     of children served under this subsection.
       ``(5) Engaging families and encouraging family literacy 
     experiences and practices to support literacy development.
       ``(c) Local Uses of Funds for Grades 6 Through 12.--An 
     eligible entity that receives a subgrant under this section 
     shall use subgrant funds to carry out the following 
     activities pertaining to children in grades 6 through 12:
       ``(1) Developing and implementing a comprehensive literacy 
     instruction plan described in subsection (b)(1) for children 
     in grades 6 through 12.
       ``(2) Training principals, specialized instruction support 
     personnel, and other school district personnel to support, 
     develop, administer, and evaluate high-quality comprehensive 
     literacy instruction initiatives for grades 6 through 12.
       ``(3) Assessing the quality of adolescent comprehensive 
     literacy instruction in core academic subjects, and career 
     and technical education subjects where such career and 
     technical education subjects provide for the integration of 
     core academic subjects.
       ``(4) Providing time for teachers to meet to plan evidence-
     based adolescent comprehensive literacy instruction in core 
     academic subjects, and career and technical education 
     subjects where such career and technical education subjects 
     provide for the integration of core academic subjects.
       ``(5) Coordinating the involvement of principals, other 
     instructional leaders, teachers, teacher literacy teams, 
     English as a second language specialists (as appropriate), 
     paraprofessionals, special educators, and school personnel in 
     the literacy development of children served under this 
     subsection.
       ``(d) Allowable Uses.--An eligible entity that receives a 
     subgrant under this section may, in addition to carrying out 
     the activities described in subsection (b) or (c), use 
     subgrant funds to carry out the following activities 
     pertaining to children in kindergarten through grade 12:
       ``(1) Recruiting, placing, training, and compensating 
     literacy coaches.
       ``(2) Connecting out-of-school learning opportunities to 
     in-school learning in order to improve the literacy 
     achievement of the children.
       ``(3) Training families and caregivers to support the 
     improvement of adolescent literacy.
       ``(4) Providing for a multitier system of support.
       ``(5) Forming a school literacy leadership team to help 
     implement, assess, and identify

[[Page S4731]]

     necessary changes to the literacy initiatives in 1 or more 
     schools to ensure success.
       ``(6) Providing time for teachers (and other literacy 
     staff, as appropriate, such as school librarians) to meet to 
     plan comprehensive literacy instruction.

     ``SEC. 2405. NATIONAL EVALUATION AND INFORMATION 
                   DISSEMINATION.

       ``(a) National Evaluation.--From funds reserved under 
     section 2402(b)(1), the Director of the Institute of 
     Education Sciences shall conduct a national evaluation of the 
     grant and subgrant programs assisted under this part. Such 
     evaluation shall include evidence-based research that applies 
     rigorous and systematic procedures to obtain valid knowledge 
     relevant to the implementation and effect of the programs and 
     shall directly coordinate with individual State evaluations 
     of the programs' implementation and impact.
       ``(b) Program Improvement.--The Secretary shall--
       ``(1) provide the findings of the evaluation conducted 
     under this section to State educational agencies and subgrant 
     recipients for use in program improvement;
       ``(2) make such findings publicly available, including on 
     the websites of the Department and the Institute of Education 
     Sciences; and
       ``(3) submit such findings to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives.

     ``SEC. 2406. SUPPLEMENT, NOT SUPPLANT.

       ``Grant funds provided under this part shall be used to 
     supplement, and not supplant, other Federal or State funds 
     available to carry out activities described in this part.''.

     SEC. 2005. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND 
                   MATHEMATICS INSTRUCTION AND STUDENT 
                   ACHIEVEMENT.

       Title II (20 U.S.C. 6601 et seq.), as amended by sections 
     2001 through 2004, is further amended by adding at the end 
     the following:

 ``PART E--IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 
                  INSTRUCTION AND STUDENT ACHIEVEMENT

     ``SEC. 2501. PURPOSE.

       ``The purpose of this part is to improve student academic 
     achievement in science, technology, engineering, and 
     mathematics, including computer science, by--
       ``(1) improving instruction in such subjects through grade 
     12;
       ``(2) improving student engagement in, and increasing 
     student access to, such subjects;
       ``(3) improving the quality and effectiveness of classroom 
     instruction by recruiting, training, and supporting highly 
     rated teachers and providing robust tools and supports for 
     students and teachers in such subjects;
       ``(4) increasing student access to high-quality informal 
     and after-school programs that target the identified subjects 
     and improving the coordination of such programs with 
     classroom instruction in the identified subjects; and
       ``(5) closing student achievement gaps, and preparing more 
     students to be college and career ready, in such subjects.

     ``SEC. 2502. DEFINITIONS.

       ``In this part:
       ``(1) Eligible subgrantee.--The term `eligible subgrantee' 
     means--
       ``(A) a high-need local educational agency;
       ``(B) an educational service agency serving more than 1 
     high-need local educational agency;
       ``(C) a consortium of high-need local educational agencies; 
     or
       ``(D) an entity described in subparagraph (A) or (C) of 
     paragraph (2) that has signed a memorandum of agreement with 
     an entity described in subparagraph (A), (B), or (C) of this 
     paragraph to implement the requirements of this part in 
     partnership with such entity.
       ``(2) Outside partner.--The term `outside partner' means an 
     entity that has expertise and a demonstrated record of 
     success in improving student learning and engagement in the 
     identified subjects described in section 2504(b)(2), 
     including any of the following:
       ``(A) A nonprofit or community-based organization, which 
     may include a cultural organization, such as a museum or 
     learning center.
       ``(B) A business.
       ``(C) An institution of higher education.
       ``(D) An educational service agency.
       ``(3) STEM master teacher corps.--The term `STEM master 
     teacher corps' means a State-led effort to elevate the status 
     of the science, technology, engineering, and mathematics 
     teaching profession by recognizing, rewarding, attracting, 
     and retaining outstanding science, technology, engineering, 
     and mathematics teachers, particularly in high-need and rural 
     schools, by--
       ``(A) selecting candidates to be master teachers in the 
     corps on the basis of--
       ``(i) content knowledge based on a screening examination; 
     and
       ``(ii) pedagogical knowledge of and success in teaching;
       ``(B) offering such teachers opportunities to--
       ``(i) work with one another in scholarly communities;
       ``(ii) participate in and lead high-quality professional 
     development; and
       ``(C) providing such teachers with additional appropriate 
     and substantial compensation for the work described in 
     subparagraph (B) and in the master teacher community.

     ``SEC. 2503. GRANTS; ALLOTMENTS.

       ``(a) In General.--From amounts made available to carry out 
     this part for a fiscal year, the Secretary shall award grants 
     to State educational agencies, through allotments described 
     in subsection (b), to enable State educational agencies to 
     carry out the activities described in section 2505.
       ``(b) Distribution of Funds.--
       ``(1) In general.--Subject to paragraph (2), for each 
     fiscal year, the Secretary shall allot to each State--
       ``(A) an amount that bears the same relationship to 35 
     percent of the amount available to carry out this part for 
     such year, as the number of individuals ages 5 through 17 in 
     the State, as determined by the Secretary on the basis of the 
     most recent satisfactory data, bears to the number of those 
     individuals in all such States, as so determined; and
       ``(B) an amount that bears the same relationship to 65 
     percent of the amount available to carry out this part for 
     such year as the number of individuals ages 5 through 17 from 
     families with incomes below the poverty line in the State, as 
     determined by the Secretary on the basis of the most recent 
     satisfactory data, bears to the number of those individuals 
     in all such States, as so determined.
       ``(2) Funding minimum.--No State receiving an allotment 
     under this subsection may receive less than one-half of 1 
     percent of the total amount allotted under paragraph (1) for 
     a fiscal year.
       ``(c) Reallotment of Unused Funds.--If a State does not 
     successfully apply for an allotment under this part, the 
     Secretary shall reallot the amount of the State's allotment 
     to the remaining States in accordance with this section.

     ``SEC. 2504. APPLICATIONS.

       ``(a) In General.--Each State desiring an allotment under 
     section 2503(b) shall submit an application to the Secretary 
     at such time, in such manner, and accompanied by such 
     information as the Secretary may require.
       ``(b) Contents.--At a minimum, an application submitted 
     under subsection (a) shall include the following:
       ``(1) A description of the needs, including assets, 
     identified by the State educational agency based on a State 
     analysis, which shall include--
       ``(A) an analysis of science, technology, engineering, and 
     mathematics education quality and outcomes in the State, 
     which may include results from a pre-existing analysis;
       ``(B) labor market information regarding the industry and 
     business workforce needs within the State; and
       ``(C) an analysis of the quality of pre-service preparation 
     at all public institutions of higher education (including 
     alternative pathways to teacher licensure or certification) 
     for individuals preparing to teach science, technology, 
     engineering, and mathematics subjects in the State.
       ``(2) An identification of the specific subjects that the 
     State educational agency will address through the activities 
     described in section 2505, consistent with the needs 
     identified under paragraph (1) (referred to in this part as 
     `identified subjects').
       ``(3) A description, in a manner that addresses any needs 
     identified under paragraph (1), of--
       ``(A) how grant funds will be used by the State educational 
     agency to improve instruction in the identified subjects;
       ``(B) the process that the State educational agency will 
     use for awarding subgrants, including how relevant 
     stakeholders will be involved;
       ``(C) how the State's proposed project will ensure an 
     increase in access for students who are members of groups 
     underrepresented in science, technology, engineering, and 
     mathematics subject fields to high-quality courses in 1 or 
     more of the identified subjects; and
       ``(D) how the State educational agency will continue to 
     involve stakeholders in education reform efforts related to 
     science, technology, engineering, and mathematics 
     instruction.

     ``SEC. 2505. AUTHORIZED ACTIVITIES.

       ``(a) Required Activities.--Each State educational agency 
     that receives an allotment under this part shall use the 
     grant funds reserved under subsection (d)(2) to carry out 
     each of the following activities:
       ``(1) Increasing access for students through grade 12 who 
     are members of groups underrepresented in science, 
     technology, engineering, and mathematics subject fields to 
     high-quality courses in the identified subjects.
       ``(2) Implementing evidence-based programs of instruction 
     based on high-quality standards and assessments in the 
     identified subjects.
       ``(3) Providing professional development and other 
     comprehensive systems of support for teachers and school 
     leaders to promote high-quality instruction and instructional 
     leadership in the identified subjects.
       ``(b) Permissible Activities.--Each State educational 
     agency that receives an allotment under this part may use the 
     grant funds reserved under subsection (d)(2) to carry out 1 
     or more of the following activities:
       ``(1) Recruiting qualified teachers and instructional 
     leaders who are trained in identified subjects, including 
     teachers who have transitioned into the teaching profession 
     from a careers in the science, technology, engineering, and 
     mathematics fields.
       ``(2) Providing induction and mentoring services to new 
     teachers in identified subjects.

[[Page S4732]]

       ``(3) Developing instructional supports for identified 
     subjects, such as curricula and assessments, which shall be 
     evidence-based and aligned with challenging State academic 
     standards under section 1111(b)(1).
       ``(4) Supporting the development of a State-wide STEM 
     master teacher corps.
       ``(c) Subgrants.--
       ``(1) In general.--Each State educational agency that 
     receives a grant under this part shall use the amounts not 
     reserved under subsection (d) to award subgrants, on a 
     competitive basis, to eligible subgrantees to enable the 
     eligible subgrantees to carry out the activities described in 
     paragraph (4).
       ``(2) Minimum subgrant.--A State educational agency shall 
     award subgrants under this subsection that are of sufficient 
     size and scope to support high-quality, evidence-based, 
     effective programs that are consistent with the purpose of 
     this part.
       ``(3) Subgrantee application.--
       ``(A) In general.--Each eligible subgrantee desiring a 
     subgrant under this subsection shall submit an application to 
     the State educational agency at such time, in such manner, 
     and accompanied by such information as the State educational 
     agency may require.
       ``(B) Contents of subgrantee application.--At a minimum, 
     the application described in subparagraph (A) shall include 
     the following:
       ``(i) A description of the activities that the eligible 
     subgrantee will carry out, and how such activities will 
     improve teaching and student academic achievement in the 
     State's identified subjects.
       ``(ii) A description of how the eligible subgrantee will 
     use funds provided under this subsection to serve students 
     and teachers in high-need schools.
       ``(iii) A description of how funds provided under this 
     subsection will be coordinated with other Federal, State, and 
     local programs and activities, including career and technical 
     education programs authorized under the Carl D. Perkins 
     Career and Technical Education Act of 2006.
       ``(iv) If the eligible subgrantee is working with outside 
     partners, a description of how such outside partners will be 
     involved in improving instruction and increasing access to 
     high-quality learning experiences in the State's identified 
     subjects.
       ``(4) Subgrantee use of funds.--
       ``(A) Required use of funds.--Each subgrantee under this 
     subsection shall use the subgrant funds to carry out 
     activities for students through grade 12, as described in the 
     subgrantee's application, which shall include--
       ``(i) high-quality teacher and instructional leader 
     recruitment, support, and evaluation in the State's 
     identified subjects;
       ``(ii) professional development, which may include 
     development and support for instructional coaches, to enable 
     teachers and instructional leaders to increase student 
     achievement in identified subjects;
       ``(iii) activities to--

       ``(I) improve the content knowledge of teachers in the 
     State's identified subjects;
       ``(II) facilitate professional collaboration, which may 
     include providing time for such collaborations with school 
     personnel, after-school program personnel, and personnel of 
     informal programs that target the identified subjects; and
       ``(III) improve the integration of informal and after-
     school programs that target the identified subjects with 
     classroom instruction, such as through the use of strategic 
     partnerships with science, technology, engineering, and 
     mathematics researchers, and other professionals from 
     relevant fields who may be able to assist in activities 
     focused in science, technology, engineering, and mathematics; 
     and

       ``(iv) the development, adoption, and improvement of high-
     quality curricula and instructional supports that--

       ``(I) are aligned with the challenging State academic 
     standards under section 1111(b)(1); and
       ``(II) the eligible subgrantee will use to improve student 
     academic achievement in the identified subjects.

       ``(B) Allowable use of funds.--In addition to the required 
     activities described in subparagraph (A), each eligible 
     subgrantee that receives a subgrant under this subsection may 
     also use the subgrant funds to--
       ``(i) support the participation of low-income students in 
     nonprofit competitions related to science, technology, 
     engineering, and mathematics subjects (such as robotics, 
     science research, invention, mathematics, computer science, 
     and technology competitions);
       ``(ii) broaden secondary school students' access to, and 
     interest in, careers that require academic preparation in 1 
     or more identified subjects;
       ``(iii) broaden the access of secondary school students to 
     early college high school or dual or concurrent enrollment 
     courses in science, technology, engineering, or mathematics 
     subjects, including providing professional development to 
     teachers and leaders related to this work;
       ``(iv) partner with established after-school and science, 
     technology, engineering, and mathematics networks to provide 
     technical assistance to after-school programs to improve 
     their practice, such as through developing quality standards 
     and appropriate learning outcomes for science, technology, 
     engineering, and mathematics programming in after-school 
     programs;
       ``(v) provide hands-on learning and exposure to science, 
     technology, engineering, and mathematics research facilities 
     and businesses through in-person or virtual distance-learning 
     experiences;
       ``(vi) support the use of field-based or service learning 
     that enables students to use the local environment and 
     community as a learning resource and to enhance the students' 
     understanding of the identified subjects through 
     environmental science education; and
       ``(vii) address science, technology, engineering, and 
     mathematics needs identified in the State plan under section 
     102 of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3112), or by a local workforce development board under 
     section 107(d), or in the local plan submitted under section 
     108, of such Act (29 U.S.C. 3122(d), 3123), for the State, 
     local area (as defined in section 3 of such Act (29 U.S.C. 
     3102)), or region (as so defined) that the eligible 
     subgrantee is serving.
       ``(C) Matching funds.--A State may require an eligible 
     subgrantee receiving a subgrant under this subsection to 
     demonstrate that such subgrantee has obtained a commitment 
     from 1 or more outside partners to match, using non-Federal 
     funds, a portion of the amount of subgrant funds, in an 
     amount determined by the State.
       ``(d) State Activities.--
       ``(1) In general.--Each State educational agency that 
     receives an allotment under this part may use not more than 5 
     percent of grant funds for--
       ``(A) administrative costs;
       ``(B) monitoring the implementation of subgrants;
       ``(C) providing technical assistance to eligible 
     subgrantees; and
       ``(D) evaluating subgrants in coordination with the 
     evaluation described in section 2506(c).
       ``(2) Reservation.--Each State educational agency that 
     receives an allotment under this part shall reserve not less 
     than 15 and not more than 20 percent of grant funds, 
     inclusive of the amount described in paragraph (1), for 
     additional State activities, consistent with subsections (a) 
     and (b).

     ``SEC. 2506. PERFORMANCE METRICS; REPORT; EVALUATION.

       ``(a) Establishment of Performance Metrics.--The Secretary, 
     acting through the Director of the Institute of Education 
     Sciences, shall establish performance metrics to evaluate the 
     effectiveness of the activities carried out under this part.
       ``(b) Annual Report.--Each State educational agency that 
     receives an allotment under this part shall prepare and 
     submit an annual report to the Secretary, which shall include 
     information relevant to the performance metrics described in 
     subsection (a).
       ``(c) Evaluation.--The Secretary shall--
       ``(1) acting through the Director of the Institute of 
     Education Sciences, and in consultation with the Director of 
     the National Science Foundation--
       ``(A) evaluate the implementation and impact of the 
     activities supported under this part, including progress 
     measured by the metrics established under subsection (a);
       ``(B) identify best practices to improve instruction in 
     science, technology, engineering, and mathematics subjects; 
     and
       ``(C) ensure that the Department is taking appropriate 
     action to avoid unnecessary duplication of efforts between 
     the activities being supported under this part and other 
     programmatic activities supported by the Department or by 
     other Federal agencies; and
       ``(2) disseminate, in consultation with the National 
     Science Foundation, research on best practices to improve 
     instruction in science, technology, engineering, and 
     mathematics subjects.

     ``SEC. 2507. SUPPLEMENT NOT SUPPLANT.

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

     SEC. 2006. GENERAL PROVISIONS.

       Title II (20 U.S.C. 6601 et seq.), as amended by sections 
     2001 through 2005, is further amended by adding at the end 
     the following:

                      ``PART F--GENERAL PROVISIONS

     ``SEC. 2601. RULES OF CONSTRUCTION.

       ``(a) Prohibition Against Federal Mandates, Direction, or 
     Control.--Nothing in this title shall be construed to 
     authorize the Secretary or any other officer or employee of 
     the Federal Government to mandate, direct, or control a 
     State, local educational agency, or school's--
       ``(1) instructional content or materials, curriculum, 
     program of instruction, academic standards, or academic 
     assessments;
       ``(2) teacher, principal, or other school leader evaluation 
     system;
       ``(3) specific definition of teacher, principal, or other 
     school leader effectiveness; or
       ``(4) teacher, principal, or other school leader 
     professional standards, certification, or licensing.
       ``(b) School or District Employees.--Nothing in this title 
     shall be construed to alter or otherwise affect the rights, 
     remedies, and procedures afforded school or school district 
     employees under Federal, State, or local laws (including 
     applicable regulations or court orders) or under the terms of 
     collective bargaining agreements, memoranda of understanding, 
     or other agreements between such employees and their 
     employers.''.

  TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT 
                                STUDENTS

     SEC. 3001. GENERAL PROVISIONS.

       Title III (20 U.S.C. 6801 et seq.) is amended--

[[Page S4733]]

       (1) in the title heading, by striking ``LIMITED ENGLISH 
     PROFICIENT'' and inserting ``ENGLISH LEARNERS'';
       (2) in part A--
       (A) by striking section 3122;
       (B) redesignating sections 3123, 3124, 3125, 3126, 3127, 
     3128, and 3129 as sections 3122, 3123, 3124, 3125, 3126, 
     3127, and 3128, respectively; and
       (C) by striking subpart 4;
       (3) by striking part B;
       (4) by redesignating part C as part B; and
       (5) in part B, as redesignated by paragraph (4)--
       (A) by redesignating section 3301 as section 3201;
       (B) by striking section 3302; and
       (C) by redesignating sections 3303 and 3304 as sections 
     3202 and 3203, respectively.

     SEC. 3002. AUTHORIZATION OF APPROPRIATIONS.

       Section 3001 (20 U.S.C. 6801) is amended to read as 
     follows:

     ``SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title such sums as may be necessary for each of fiscal years 
     2016 through 2021.''.

     SEC. 3003. ENGLISH LANGUAGE ACQUISITION, LANGUAGE 
                   ENHANCEMENT, AND ACADEMIC ACHIEVEMENT.

       Part A of title III (20 U.S.C. 6811 et seq.) is amended--
       (1) in section 3102, by striking paragraphs (1) through (9) 
     and inserting the following:
       ``(1) to help ensure that English learners, including 
     immigrant children and youth, attain English proficiency, and 
     develop high levels of academic achievement in English;
       ``(2) to assist all English learners, including immigrant 
     children and youth, to achieve at high levels in academic 
     subjects so that children who are English learners can meet 
     the same challenging State academic standards that all 
     children are expected to meet, consistent with section 
     1111(b)(1);
       ``(3) to assist early childhood educators, teachers, 
     principals and other school leaders, State educational 
     agencies, and local educational agencies in establishing, 
     implementing, and sustaining effective language instruction 
     educational programs designed to assist in teaching English 
     learners, including immigrant children and youth;
       ``(4) to assist early childhood educators, teachers, 
     principals and other school leaders, State educational 
     agencies, and local educational agencies to develop and 
     enhance their capacity to provide effective instruction 
     programs designed to prepare English learners, including 
     immigrant children and youth, to enter all-English 
     instruction settings;
       ``(5) to promote parental, family, and community 
     participation in language instruction educational programs 
     for the parents, families, and communities of English 
     learners; and
       ``(6) to provide incentives to grantees to implement 
     policies and practices that will lead to significant 
     improvements in the instruction and achievement of English 
     learners.'';
       (2) in section 3111--
       (A) in subsection (b)--
       (i) in paragraph (2), by striking subparagraphs (A) through 
     (D) and inserting the following:
       ``(A) Establishing and implementing, with timely and 
     meaningful consultation with local educational agencies 
     representing the geographic diversity of the State, 
     standardized statewide entrance and exit procedures, 
     including a requirement that all students who may be English 
     learners are assessed for such status within 30 days of 
     enrollment in a school in the State.
       ``(B) Providing effective teacher and principal 
     preparation, professional development activities, and other 
     evidence-based activities related to the education of English 
     learners, which may include assisting teachers, principals, 
     and other educators in--
       ``(i) meeting State and local certification and licensing 
     requirements for teaching English learners; and
       ``(ii) improving teaching skills in meeting the diverse 
     needs of English learners, including how to implement 
     effective programs and curricula on teaching English 
     learners.
       ``(C) Planning, evaluation, administration, and interagency 
     coordination related to the subgrants referred to in 
     paragraph (1).
       ``(D) Providing technical assistance and other forms of 
     assistance to eligible entities that are receiving subgrants 
     from a State educational agency under this subpart, including 
     assistance in--
       ``(i) identifying and implementing effective language 
     instruction educational programs and curricula for teaching 
     English learners, including those in early childhood 
     settings;
       ``(ii) helping English learners meet the same State 
     academic standards that all children are expected to meet;
       ``(iii) identifying or developing, and implementing, 
     measures of English proficiency; and
       ``(iv) strengthening and increasing parent, family, and 
     community engagement in programs that serve English learners.
       ``(E) Providing recognition, which may include providing 
     financial awards, to recipients of subgrants under section 
     3115 that have significantly improved the achievement and 
     progress of English learners in meeting--
       ``(i) annual timelines and goals for progress established 
     under section 1111(c)(1)(K) based on the State's English 
     language proficiency assessment under section 1111(b)(2)(G); 
     and
       ``(ii) the challenging State academic standards described 
     in section 1111(b)(1).''; and
       (ii) in paragraph (3)--

       (I) in the heading, by inserting ``Direct'' before 
     ``Administrative''; and
       (II) by inserting ``direct'' before ``administrative 
     costs''; and

       (B) in subsection (c)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``section 3001(a)'' and inserting ``section 3001'';
       (II) in subparagraph (B), by inserting ``and'' after the 
     semicolon;
       (III) in subparagraph (C)--

       (aa) by striking ``3303'' both places it appears and 
     inserting ``3202'';
       (bb) by striking ``not more than 0.5 percent of such amount 
     shall be reserved for evaluation activities conducted by the 
     Secretary and''; and
       (cc) by striking ``; and'' and inserting a period; and

       (IV) by striking subparagraph (D);

       (ii) by striking paragraphs (2) and (4);
       (iii) by redesignating paragraph (3) as paragraph (2);
       (iv) in paragraph (2)(A), as redesignated by clause (iii)--

       (I) in the matter preceding clause (i), by striking 
     ``section 3001(a)'' and inserting ``section 3001''; and
       (II) in clause (i), by striking ``limited English 
     proficient'' and all that follows through ``States;'' and 
     inserting ``English learners in the State bears to the number 
     of English learners in all States, as determined by the 
     Secretary under paragraph (3);''; and

       (v) by adding at the end the following:
       ``(3) Use of data for determinations.--In making State 
     allotments under paragraph (2)(A) for each fiscal year, the 
     Secretary shall--
       ``(A) determine the number of English learners in a State 
     and in all States, using the most accurate, up-to-date data, 
     which shall be--
       ``(i) data available from the American Community Survey 
     conducted by the Department of Commerce, which may be 
     multiyear estimates;
       ``(ii) the number of students being assessed for English 
     language proficiency, based on the State's English language 
     proficiency assessment under section 1111(b)(2)(G), which may 
     be multiyear estimates; or
       ``(iii) a combination of data available under clauses (i) 
     and (ii); and
       ``(B) determine the number of immigrant children and youth 
     in the State and in all States based only on data available 
     from the American Community Survey conducted by the 
     Department of Commerce, which may be multiyear estimates.'';
       (3) in section 3113--
       (A) in subsection (a), by inserting ``reasonably'' before 
     ``require'';
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``making'' and inserting 
     ``awarding''; and
       (ii) by striking paragraphs (2) through (6) and inserting 
     the following:
       ``(2) describe how the agency will establish and implement, 
     with timely and meaningful consultation with local 
     educational agencies representing the geographic diversity of 
     the State, standardized, statewide entrance and exit 
     procedures, including an assurance that all students who may 
     be English learners are assessed for such status within 30 
     days of enrollment in a school in the State;
       ``(3) provide an assurance that--
       ``(A) the agency will ensure that eligible entities 
     receiving a subgrant under this subpart comply with the 
     requirement in section 1111(b)(2)(B)(ix) to annually assess 
     in English all English learners who have been in the United 
     States for 3 or more years;
       ``(B) the agency will ensure that eligible entities 
     receiving a subgrant under this subpart annually assess the 
     English proficiency of all English learners participating in 
     a program funded under this subpart, consistent with section 
     1111(b)(2)(G);
       ``(C) in awarding subgrants under section 3114, the agency 
     will address the needs of school systems of all sizes and in 
     all geographic areas, including school systems with rural and 
     urban schools;
       ``(D) subgrants to eligible entities under section 
     3114(d)(1) will be of sufficient size and scope to allow such 
     entities to carry out effective language instruction 
     educational programs for English learners;
       ``(E) the agency will require an eligible entity receiving 
     a subgrant under this subpart to use the subgrant in ways 
     that will build such recipient's capacity to continue to 
     offer effective language instruction educational programs 
     that assist English learners in meeting challenging State 
     academic standards described in section 1111(b)(1);
       ``(F) the agency will monitor each eligible entity 
     receiving a subgrant under this subpart for compliance with 
     applicable Federal fiscal requirements; and
       ``(G) the plan has been developed in consultation with 
     local educational agencies, teachers, administrators of 
     programs implemented under this subpart, parents of English 
     learners, and other relevant stakeholders;
       ``(4) describe how the agency will coordinate its programs 
     and activities under this subpart with other programs and 
     activities under this Act and other Acts, as appropriate;
       ``(5) describe how each eligible entity will be given the 
     flexibility to teach English learners--
       ``(A) using a high-quality, effective language instruction 
     curriculum for teaching English learners; and

[[Page S4734]]

       ``(B) in the manner the eligible entities determine to be 
     the most effective;
       ``(6) describe how the agency will assist eligible entities 
     in meeting--
       ``(A) annual timelines and goals for progress established 
     under section 1111(c)(1)(K) based on the State's English 
     language proficiency assessment under section 1111(b)(2)(G); 
     and
       ``(B) the challenging State academic standards described in 
     section 1111(b)(1);
       ``(7) describe how the agency will assist eligible entities 
     in decreasing the number of English learners who have not yet 
     acquired English proficiency within 5 years of their initial 
     classification as an English learner;
       ``(8) describe how the agency will ensure that the unique 
     needs of the State's population of English learners and 
     immigrant children and youth are being addressed; and
       ``(9) describe how the agency will monitor and evaluate the 
     progress of each eligible entity receiving funds under this 
     subpart toward meeting the timelines and goals for English 
     proficiency required under section 1111(c)(1)(K) and the 
     steps the State will take to further assist eligible entities 
     if such strategies funded under this part are not effective 
     in making such progress and meeting academic goals 
     established under section 1111(b)(3)(B)(i) for English 
     learners, such as providing technical assistance and 
     modifying such strategies.'';
       (C) in subsection (d)(2)(B), by striking ``part'' and 
     inserting ``subpart''; and
       (D) in subsection (f), by striking ``, objectives,'';
       (4) in section 3114--
       (A) in subsection (a)--
       (i) by striking ``section 3111(c)(3)'' and inserting 
     ``section 3111(c)(2)''; and
       (ii) by striking ``limited English proficient children'' 
     both places the term appears and inserting ``English 
     learners''; and
       (B) in subsection (d)(1)--
       (i) by striking ``section 3111(c)(3)'' and inserting 
     ``section 3111(c)(2)''; and
       (ii) by striking ``preceding the fiscal year'';
       (5) by striking section 3115 and inserting the following:

     ``SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES.

       ``(a) Purposes of Subgrants.--A State educational agency 
     may make a subgrant to an eligible entity from funds received 
     by the agency under this subpart only if the entity agrees to 
     expend the funds to improve the education of English learners 
     by assisting the children to learn English and meet the 
     challenging State academic standards described in section 
     1111(b)(1). In carrying out activities with such funds, the 
     eligible entity shall use effective approaches and 
     methodologies for teaching English learners and immigrant 
     children and youth for the following purposes:
       ``(1) Developing and implementing new language instruction 
     educational programs and academic content instruction 
     programs for English learners and immigrant children and 
     youth, including early childhood education programs, 
     elementary school programs, and secondary school programs.
       ``(2) Carrying out highly focused, innovative, locally 
     designed activities to expand or enhance existing language 
     instruction educational programs and academic content 
     instruction programs for English learners and immigrant 
     children and youth.
       ``(3) Implementing, within an individual school, schoolwide 
     programs for restructuring, reforming, and upgrading all 
     relevant programs, activities, and operations relating to 
     language instruction educational programs and academic 
     content instruction for English learners and immigrant 
     children and youth.
       ``(4) Implementing, within the entire jurisdiction of a 
     local educational agency, agency-wide programs for 
     restructuring, reforming, and upgrading all relevant 
     programs, activities, and operations relating to language 
     instruction educational programs and academic content 
     instruction for English learners and immigrant children and 
     youth.
       ``(b) Direct Administrative Expenses.--Each eligible entity 
     receiving funds under section 3114(a) for a fiscal year may 
     use not more than 2 percent of such funds for the cost of 
     administering this subpart.
       ``(c) Required Subgrantee Activities.--An eligible entity 
     receiving funds under section 3114(a) shall use the funds--
       ``(1) to increase the English language proficiency of 
     English learners by providing effective language instruction 
     educational programs that meet the needs of English learners 
     and are based on high-quality research demonstrating success 
     in increasing--
       ``(A) English language proficiency; and
       ``(B) student academic achievement;
       ``(2) to provide effective professional development to 
     classroom teachers (including teachers in classroom settings 
     that are not the settings of language instruction educational 
     programs), principals, other school leaders, administrators, 
     and other school or community-based organizational personnel, 
     that is--
       ``(A) designed to improve the instruction and assessment of 
     English learners;
       ``(B) designed to enhance the ability of such teachers, 
     principals, and other school leaders to understand and 
     implement appropriate curricula, assessment practices, and 
     instruction strategies for English learners;
       ``(C) effective in increasing children's English language 
     proficiency or substantially increasing the subject matter 
     knowledge, teaching knowledge, and teaching skills of such 
     teachers; and
       ``(D) of sufficient intensity and duration (which shall not 
     include activities such as 1-day or short-term workshops and 
     conferences) to have a positive and lasting impact on the 
     teachers' performance in the classroom, except that this 
     subparagraph shall not apply to an activity that is one 
     component of a long-term, comprehensive professional 
     development plan established by a teacher and the teacher's 
     supervisor based on an assessment of the needs of the 
     teacher, the supervisor, the students of the teacher, and any 
     local educational agency employing the teacher, as 
     appropriate; and
       ``(3) to provide and implement effective parent, family, 
     and community engagement activities in order to enhance or 
     supplement language instruction educational programs for 
     English Learners.
       ``(d) Authorized Subgrantee Activities.--Subject to 
     subsection (c), an eligible entity receiving funds under 
     section 3114(a) may use the funds to achieve 1 of the 
     purposes described in subsection (a) by undertaking 1 or more 
     of the following activities:
       ``(1) Upgrading program objectives and effective 
     instructional strategies.
       ``(2) Improving the instructional program for English 
     learners by identifying, acquiring, and upgrading curricula, 
     instruction materials, educational software, and assessment 
     procedures.
       ``(3) Providing to English learners--
       ``(A) tutorials and academic or career and technical 
     education; and
       ``(B) intensified instruction.
       ``(4) Developing and implementing effective preschool, 
     elementary school, or secondary school language instruction 
     educational programs that are coordinated with other relevant 
     programs and services.
       ``(5) Improving the English language proficiency and 
     academic achievement of English learners.
       ``(6) Providing community participation programs, family 
     literacy services, and parent and family outreach and 
     training activities to English learners and their families--
       ``(A) to improve the English language skills of English 
     learners; and
       ``(B) to assist parents and families in helping their 
     children to improve their academic achievement and becoming 
     active participants in the education of their children.
       ``(7) Improving the instruction of English learners, 
     including English learners with a disability, by providing 
     for--
       ``(A) the acquisition or development of educational 
     technology or instructional materials;
       ``(B) access to, and participation in, electronic networks 
     for materials, training, and communication; and
       ``(C) incorporation of the resources described in 
     subparagraphs (A) and (B) into curricula and programs, such 
     as those funded under this subpart.
       ``(8) Carrying out other activities that are consistent 
     with the purposes of this section.
       ``(e) Activities by Agencies Experiencing Substantial 
     Increases in Immigrant Children and Youth.--
       ``(1) In general.--An eligible entity receiving funds under 
     section 3114(d)(1) shall use the funds to pay for activities 
     that provide enhanced instructional opportunities for 
     immigrant children and youth, which may include--
       ``(A) family literacy, parent and family outreach, and 
     training activities designed to assist parents and families 
     to become active participants in the education of their 
     children;
       ``(B) recruitment of, and support for personnel, including 
     early childhood educators, teachers, paraprofessionals who 
     have been specifically trained, or are being trained, to 
     provide services to immigrant children and youth;
       ``(C) provision of tutorials, mentoring, and academic or 
     career counseling for immigrant children and youth;
       ``(D) identification and acquisition of curricular 
     materials, educational software, and technologies to be used 
     in the program carried out with funds;
       ``(E) basic instruction services that are directly 
     attributable to the presence of immigrant children and youth 
     in the local educational agency involved, including the 
     payment of costs of providing additional classroom supplies, 
     costs of transportation, or such other costs as are directly 
     attributable to such additional basic instructional services;
       ``(F) other instructional services that are designed to 
     assist immigrant children and youth to achieve in elementary 
     schools and secondary schools in the United States, such as 
     programs of introduction to the educational system and civics 
     education; and
       ``(G) activities, coordinated with community-based 
     organizations, institutions of higher education, private 
     sector entities, or other entities with expertise in working 
     with immigrants, to assist parents and families of immigrant 
     children and youth by offering comprehensive community 
     services.
       ``(2) Duration of subgrants.--The duration of a subgrant 
     made by a State educational agency under section 3114(d)(1) 
     shall be determined by the agency in its discretion.
       ``(f) Selection of Method of Instruction.--
       ``(1) In general.--To receive a subgrant from a State 
     educational agency under this subpart, an eligible entity 
     shall select one or more methods or forms of effective 
     instruction to be used in the programs and activities 
     undertaken by the entity to assist English learners to attain 
     English language

[[Page S4735]]

     proficiency and meet challenging State academic standards 
     described in section 1111(b)(1).
       ``(2) Consistency.--Such selection shall be consistent with 
     sections 3124 through 3126.
       ``(g) Supplement, Not Supplant.--Federal funds made 
     available under this subpart shall be used so as to 
     supplement the level of Federal, State, and local public 
     funds that, in the absence of such availability, would have 
     been expended for programs for English learners and immigrant 
     children and youth and in no case to supplant such Federal, 
     State, and local public funds.'';
       (6) in section 3116--
       (A) in subsection (b), by striking paragraphs (1) through 
     (6) and inserting the following:
       ``(1) describe the high-quality programs and activities 
     proposed to be developed, implemented, and administered under 
     the subgrant and how these activities will help English 
     learners increase their English language proficiency and meet 
     the challenging State academic standards described in section 
     1111(b)(1);
       ``(2) describe how the eligible entity will ensure that 
     elementary schools and secondary schools receiving funds 
     under this subpart assist English learners in meeting--
       ``(A) annual timelines and goals for progress established 
     under 1111(c)(1)(K) based on the State's English language 
     proficiency assessment under section 1111(b)(2)(G); and
       ``(B) the challenging State academic standards described in 
     section 1111(b)(1);
       ``(3) describe how the eligible entity will promote parent, 
     family, and community engagement in the education of English 
     learners;
       ``(4) describe how language instruction educational 
     programs carried out under the subgrant will ensure that 
     English learners being served by the programs develop English 
     proficiency and demonstrate such proficiency through academic 
     content mastery;
       ``(5) contain assurances that--
       ``(A) each local educational agency that is included in the 
     eligible entity is complying with section 1112(d)(2) prior 
     to, and throughout, each school year as of the date of 
     application, and will continue to comply with such section 
     throughout each school year for which the grant is received;
       ``(B) the eligible entity complies with any State law, 
     including State constitutional law, regarding the education 
     of English learners, consistent with sections 3125 and 3126;
       ``(C) the eligible entity has based its proposed plan on 
     high-quality research on teaching English learners;
       ``(D) the eligible entity consulted with teachers, 
     researchers, school administrators, parents and family 
     members, community members, public or private entities, and 
     institutions of higher education, in developing and 
     implementing such plan; and
       ``(E) the eligible entity will, if applicable, coordinate 
     activities and share relevant data under the plan with local 
     Head Start and Early Head Start agencies, including migrant 
     and seasonal Head Start agencies, and other early childhood 
     education providers.'';
       (B) in subsection (c), by striking ``limited English 
     proficient children'' and inserting ``English learners''; and
       (C) by striking subsection (d);
       (7) by striking section 3121 and inserting the following:

     ``SEC. 3121. REPORTING.

       ``(a) In General.--Each eligible entity that receives a 
     subgrant from a State educational agency under subpart 1 
     shall provide such agency, at the conclusion of every second 
     fiscal year during which the subgrant is received, with a 
     report, in a form prescribed by the agency, on the activities 
     conducted and children served under such subpart that 
     includes--
       ``(1) a description of the programs and activities 
     conducted by the entity with funds received under subpart 1 
     during the 2 immediately preceding fiscal years;
       ``(2) the number and percentage of English learners in the 
     programs and activities who meet the annual State-determined 
     goals for progress established under section 1111(c)(1)(K), 
     including disaggregated, at a minimum, by--
       ``(A) long-term English learners; and
       ``(B) English learners with a disability;
       ``(3) the number and percentage of English learners in the 
     programs and activities attaining English language 
     proficiency based on State English language proficiency 
     standards established under section 1111(b)(1)(F) by the end 
     of each school year, as determined by the State's English 
     language proficiency assessment under section 1111(b)(2)(G);
       ``(4) the number and percentage of English learners who 
     exit the language instruction educational programs based on 
     their attainment of English language proficiency;
       ``(5) the number and percentage of English learners meeting 
     challenging State academic standards described in section 
     1111(b)(1) for each of the 4 years after such children are no 
     longer receiving services under this part, including 
     disaggregated, at a minimum, by--
       ``(A) long-term English learners; and
       ``(B) English learners with a disability;
       ``(6) the number and percentage of English learners who 
     have not attained English language proficiency within 5 years 
     of initial classification as an English learner; and
       ``(7) any other information as the State educational agency 
     may require.
       ``(b) Report.--A report provided by an eligible entity 
     under subsection (a) shall be used by the entity and the 
     State educational agency for improvement or programs and 
     activities under this part.
       ``(c) Special Rule for Specially Qualified Agencies.--Each 
     specially qualified agency receiving a grant under this part 
     shall provide the reports described in subsection (a) to the 
     Secretary subject to the same requirements as apply to 
     eligible entities providing such evaluations to State 
     educational agencies under such subsection.'';
       (8) in section 3122, as redesignated by section 3001(2)--
       (A) in subsection (a)--
       (i) by striking ``evaluations'' and inserting ``reports''; 
     and
       (ii) by striking ``children who are limited English 
     proficient'' and inserting ``English learners''; and
       (B) in subsection (b)--
       (i) in paragraph (1)--

       (I) by striking ``limited English proficient children'' and 
     inserting ``English learners''; and
       (II) by striking ``children who are limited English 
     proficient'' and inserting ``English learners'';

       (ii) in paragraph (4), by striking ``section 
     3111(b)(2)(C)'' and inserting ``section 3111(b)(2)(D)'';
       (iii) in paragraph (6), by striking ``major findings of 
     scientifically based research carried out under this part'' 
     and inserting ``findings of the evaluation related to English 
     learners carried out under section 9601'';
       (iv) in paragraph (8)--

       (I) by striking ``of limited English proficient children'' 
     and inserting ``of English learners''; and
       (II) by striking ``into classrooms where instruction is not 
     tailored for limited English proficient children''; and

       (v) in paragraph (9), by striking ``title'' and inserting 
     ``part'';
       (9) in section 3123, as redesignated by section 3001(2)--
       (A) by striking ``children of limited English proficiency'' 
     and inserting ``English learners''; and
       (B) by striking ``limited English proficient children'' and 
     inserting ``English learners'';
       (10) in section 3124, as redesignated by section 3001(2)--
       (A) in paragraph (1), by striking ``limited English 
     proficient children'' and inserting ``English learners''; and
       (B) in paragraph (2), by striking ``limited English 
     proficient children'' and inserting ``English learners'';
       (11) in section 3128, as redesignated by section 3001(2), 
     by striking ``limited English proficient children'' and 
     inserting ``English learners''; and
       (12) by striking section 3131 and inserting the following:

     ``SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

       ``The Secretary shall use funds made available under 
     section 3111(c)(1)(C) to award grants on a competitive basis, 
     for a period of not more than 5 years, to institutions of 
     higher education or public or private entities with relevant 
     experience and capacity (in consortia with State educational 
     agencies or local educational agencies) to provide for 
     professional development, capacity building, or evidence-
     based activities that will improve classroom instruction for 
     English learners and assist educational personnel working 
     with such children to meet high professional standards, 
     including standards for certification and licensure as 
     teachers who work in language instruction educational 
     programs or serve English learners. Grants awarded under this 
     section may be used--
       ``(1) for preservice or inservice effective professional 
     development programs that will assist local schools and may 
     assist institutions of higher education to upgrade the 
     qualifications and skills of educational personnel who are 
     not certified or licensed, especially educational 
     paraprofessionals, and for other activities to increase 
     teacher and school leader effectiveness;
       ``(2) for the development of curricula or other 
     instructional strategies appropriate to the needs of the 
     consortia participants involved;
       ``(3) to support strategies that strengthen and increase 
     parent, family, and community member engagement in the 
     education of English learners;
       ``(4) to develop, share, and disseminate effective 
     practices in the instruction of English learners and in 
     increasing the student academic achievement of English 
     learners, such as through the use of technology-based 
     programs;
       ``(5) in conjunction with other Federal need-based student 
     financial assistance programs, for financial assistance, and 
     costs related to tuition, fees, and books for enrolling in 
     courses required to complete the degree involved, to meet 
     certification or licensing requirements for teachers who work 
     in language instruction educational programs or serve English 
     learners; and
       ``(6) as appropriate, to support strategies that promote 
     school readiness of English learners and their transition 
     from early childhood education programs, such as Head Start 
     or State-run preschool programs to elementary school 
     programs.''.

     SEC. 3004. OTHER PROVISIONS.

       Part B of title III, as redesignated by section 3001(4), is 
     amended--
       (1) in section 3201, as redesignated by section 3001(5)--

[[Page S4736]]

       (A) by striking paragraphs (3), (4), and (5);
       (B) by inserting after paragraph (2) the following:
       ``(3) Eligible entity.--The term `eligible entity' means--
       ``(A) one or more local educational agencies; or
       ``(B) one or more local educational agencies, in 
     collaboration with an institution of higher education, 
     educational service agency, community-based organization, or 
     State educational agency.
       ``(4) English learner with a disability.--The term `English 
     learner with a disability' means an English learner who is 
     also a child with a disability, as that term is defined in 
     section 602 of the Individuals with Disabilities Education 
     Act.'';
       (C) by redesignating paragraphs (6) through (8) as 
     paragraphs (5) through (7), respectively;
       (D) in paragraph (7)(A), as redesignated by subparagraph 
     (C), by striking ``a limited English proficient child'' and 
     inserting ``an English learner'';
       (E) by inserting after paragraph (7) the following:
       ``(8) Long-term english learner.--The term `long-term 
     English learner' means an English learner who has attended 
     schools in the United States for not less than 5 years and 
     who has not yet exited from English learner status by the 
     culmination of the fifth year of services.''; and
       (F) in paragraph (13), by striking ``, as defined in 
     section 3141,''; and
       (2) in section 3202, as redesignated by section 3001(5)--
       (A) in the matter preceding paragraph (1), by striking 
     ``limited English proficient children'' and inserting 
     ``English learners''; and
       (B) in paragraph (4)--
       (i) in subparagraph (A), by striking ``limited English 
     proficient children'' and inserting ``English learners, 
     including English learners with a disability (as defined in 
     section 3141), that includes information on best practices on 
     instructing and serving English learners''; and
       (ii) in subparagraph (B), by striking ``limited English 
     proficient children'' and inserting ``English learners''; and
       (3) in section 3203, as redesignated by section 3001(5)--
       (A) by striking ``limited English proficient individuals'' 
     and inserting ``English learners''; and
       (B) by striking ``limited English proficient children'' and 
     inserting ``English learners''.

     SEC. 3005. AMERICAN COMMUNITY SURVEY RESEARCH.

       (a) Study.--The Director of the Institute of Education 
     Sciences and the Secretary of Education, in consultation with 
     the Director of the Bureau of the Census, shall conduct 
     research on the accuracy of the American Community Survey 
     language items for assessing population prevalence of English 
     learner children and youth, including--
       (1) the strength of such survey's association with more 
     comprehensive English language proficiency measures;
       (2) the effects on responses of situational, cultural, 
     demographic, and socioeconomic factors;
       (3) placement of the item in the questionnaire; and
       (4) the ability of adult responders to make English 
     language proficiency distinctions.
       (b) Implementation.--The Director of the Bureau of the 
     Census shall use the results of the study described in 
     subsection (a) to improve the accuracy of the American 
     Community Survey language items for assessing population 
     prevalence of English learner students.

                  TITLE IV--SAFE AND HEALTHY STUDENTS

     SEC. 4001. GENERAL PROVISIONS.

       Title IV (20 U.S.C. 7101 et seq.) is amended--
       (1) by redesignating subpart 3 of part A as subpart 5 of 
     part F of title IX, as redesignated by section 9106(1), and 
     moving that subpart to follow subpart 4 of part F of title 
     IX, as redesignated by sections 2001 and 9106(1);
       (2) by redesignating section 4141 as section 9561;
       (3) by redesignating section 4155 as section 9537 and 
     moving that section so as to follow section 9536;
       (4) by redesignating part C as subpart 6 of part F of title 
     IX, as redesignated by section 9106(1), and moving that 
     subpart to follow subpart 5 of part F of title IX, as 
     redesignated by section 9106(1) and paragraph (1);
       (5) by redesignating sections 4301, 4302, 4303, and 4304, 
     as sections 9571, 9572, 9573, and 9574, respectively; and
       (6) by striking the title heading and inserting the 
     following:

                ``TITLE IV--SAFE AND HEALTHY STUDENTS''.

     SEC. 4002. GRANTS TO STATES AND LOCAL EDUCATIONAL AGENCIES.

       Part A of title IV (20 U.S.C. 7101 et seq.) is amended to 
     read as follows:

       ``PART A--GRANTS TO STATES AND LOCAL EDUCATIONAL AGENCIES

     ``SEC. 4101. PURPOSE.

       ``The purpose of this part is to improve students' safety, 
     health, well-being, and academic achievement during and after 
     the school day by--
       ``(1) increasing the capacity of local educational 
     agencies, schools, and local communities to improve 
     conditions for learning through the creation of safe, 
     healthy, supportive, and drug-free environments;
       ``(2) carrying out programs designed to improve school 
     safety and promote students' physical and mental health and 
     well-being;
       ``(3) preventing and reducing substance use and abuse, 
     school violence, harassment, and bullying; and
       ``(4) strengthening parent and community engagement to 
     ensure a healthy, safe, and supportive school environment.

     ``SEC. 4102. DEFINITIONS.

       ``In this part:
       ``(1) Controlled substance.--The term `controlled 
     substance' means a drug or other substance identified under 
     Schedule I, II, III, IV, or V in section 202(c) of the 
     Controlled Substances Act (21 U.S.C. 812(c)).
       ``(2) Drug.--The term `drug' includes controlled 
     substances, the illegal use of alcohol or tobacco (including 
     smokeless tobacco products and electronic cigarettes), and 
     the harmful, abusive, or addictive use of substances, 
     including inhalants and anabolic steroids.
       ``(3) Drug and violence prevention.--The term `drug and 
     violence prevention' means--
       ``(A) with respect to drugs, prevention, early 
     intervention, rehabilitation referral, or education related 
     to the illegal use of drugs, such as raising awareness about 
     the evidence-based consequences of drug use; and
       ``(B) with respect to violence, the promotion of school 
     safety, such that students and school personnel are free from 
     violent and disruptive acts, including sexual harassment and 
     abuse, and victimization associated with prejudice and 
     intolerance, on school premises, going to and from school, 
     and at school-sponsored activities, through the creation and 
     maintenance of a school environment that is free of weapons 
     and fosters individual responsibility and respect for the 
     rights of others.
       ``(4) School-based mental health services provider.--The 
     term `school-based mental health services provider' includes 
     a State licensed or State certified school counselor, school 
     psychologist, school social worker, or other State licensed 
     or certified mental health professional qualified under State 
     law to provide such mental health services to children and 
     adolescents, including children in early childhood education 
     programs.
       ``(5) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.

     ``SEC. 4103. FORMULA GRANTS TO STATES.

       ``(a) Reservations.--From the total amount appropriated 
     under section 4108 for a fiscal year, the Secretary shall 
     reserve--
       ``(1) not more than 5 percent for national activities, 
     which the Secretary may carry out directly or through grants, 
     contracts, or agreements with public or private entities or 
     individuals, or other Federal agencies, such as providing 
     technical assistance to States and local educational agencies 
     carrying out activities under this part or conducting a 
     national evaluation;
       ``(2) one-half of 1 percent for allotments for the United 
     States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands, to be 
     distributed among those outlying areas on the basis of their 
     relative need, as determined by the Secretary, in accordance 
     with the purpose of this part;
       ``(3) one-half of 1 percent for the Secretary of the 
     Interior for programs under this part in schools operated or 
     funded by the Bureau of Indian Education; and
       ``(4) such funds as may be necessary for the Project School 
     Emergency Response to Violence program (referred to as 
     `Project SERV'), which is authorized to provide education-
     related services to local educational agencies and 
     institutions of higher education in which the learning 
     environment has been disrupted due to a violent or traumatic 
     crisis, and which funds shall remain available for obligation 
     until expended.
       ``(b) State Allotments.--
       ``(1) Allotment.--
       ``(A) In general.--In accordance with subparagraph (B), the 
     Secretary shall allot among each of the States the total 
     amount made available to carry out this part for any fiscal 
     year and not reserved under subsection (a).
       ``(B) Determination of state allotment amounts.--Subject to 
     paragraph (2), the Secretary shall allot the amount made 
     available under subparagraph (A) for a fiscal year among the 
     States in proportion to the number of individuals, aged 5 to 
     17, who reside within the State and are from families with 
     incomes below the poverty line for the most recent fiscal 
     year for which satisfactory data are available, compared to 
     the number of such individuals who reside in all such States 
     for that fiscal year.
       ``(2) Small state minimum.--No State receiving an allotment 
     under paragraph (1) shall receive less than one-half of 1 
     percent of the total amount allotted under such paragraph.
       ``(3) Puerto rico.--The amount allotted under subparagraph 
     (A) to the Commonwealth of Puerto Rico for a fiscal year may 
     not exceed one-half of 1 percent of the total amount allotted 
     under such subparagraph.
       ``(4) Reallotment.--If a State does not receive an 
     allotment under this part for a fiscal year, the Secretary 
     shall reallot the amount of the State's allotment to the 
     remaining States in accordance with this section.
       ``(c) State Use of Funds.--
       ``(1) In general.--Each State that receives an allotment 
     under this section shall reserve not less than 95 percent of 
     the amount allotted to such State under subsection (b), for

[[Page S4737]]

     each fiscal year, for subgrants to local educational 
     agencies, which may include consortia of such agencies, under 
     section 4104.
       ``(2) State administration.--A State educational agency 
     shall use not more than 1 percent of the amount made 
     available to the State under subsection (b) for the 
     administrative costs of carrying out its responsibilities 
     under this part.
       ``(3) State activities.--A State educational agency shall 
     use the amount made available to the State under subsection 
     (b) and not reserved under paragraph (1) for activities and 
     programs designed to meet the purposes of this part, which--
       ``(A) shall include--
       ``(i) providing training, technical assistance, and 
     capacity building to local educational agencies that are 
     recipients of a subgrant under section 4104, which may 
     include identifying and disseminating best practices for 
     professional development and capacity building for teachers, 
     administrators, and specialized instructional support 
     personnel in schools that are served by local educational 
     agencies under this part; and
       ``(ii) publicly reporting on how funds made available under 
     this part are being expended by local educational agencies 
     under section 4104; and
       ``(B) may include--
       ``(i) identifying and eliminating State barriers to the 
     coordination and integration of programs, initiatives, and 
     funding streams that meet the purposes of this part, so that 
     local educational agencies can better coordinate with other 
     agencies, schools and community-based services and programs;
       ``(ii) assisting local educational agencies to expand 
     access to or coordination of resources for school-based 
     counseling and mental health programs, such as through 
     school-based mental health services partnership programs 
     described in section 4105(a)(4)(C);
       ``(iii) supporting programs and activities that offer a 
     variety of well-rounded educational experiences to students;
       ``(iv) supporting activities that promote physical and 
     mental health and well-being for students and staff;
       ``(v) designing and implementing a grant process for local 
     entities that wish to use funds to reduce exclusionary 
     discipline practices in elementary schools and secondary 
     schools, in a manner consistent with State or federally 
     identified best practices on the subject;
       ``(vi) assisting in the creation of a continuum of 
     evidence-based or promising practices in the reduction of 
     juvenile delinquency;
       ``(vii) promoting gender equity in education by supporting 
     local educational agencies in meeting the requirements of 
     title IX of the Education Amendments of 1972 (20 U.S.C. 1681 
     et seq.);
       ``(viii) providing local educational agencies with 
     evidence-based resources--

       ``(I) addressing--

       ``(aa) student athletic safety, such as developing a plan 
     for concussion safety and recovery practices (which may 
     include policies that prohibit student athletes suspected of 
     having a concussion from returning to play the same day);
       ``(bb) cardiac conditions such as cardiomyopathy; and
       ``(cc) exposure to excessive heat and humidity; and

       ``(II) relating to the development of recommended 
     guidelines for an emergency action plan for youth athletics; 
     and

       ``(ix) other activities identified by the State that meet 
     the purposes of this part.
       ``(d) State Plan.--
       ``(1) In general.--In order to receive an allotment under 
     this section for any fiscal year, a State shall submit a plan 
     to the Secretary, at such time and in such manner as the 
     Secretary may reasonably require.
       ``(2) Contents.--Each plan submitted by a State under this 
     section shall include the following:
       ``(A) A description of how the State educational agency 
     will use funds received under this part for State-level 
     activities.
       ``(B) A description of program objectives and outcomes for 
     activities under this part.
       ``(C) An assurance that the State educational agency will 
     review existing resources and programs across the State and 
     will coordinate any new plans and resources under this part 
     with such existing programs and resources.
       ``(D) An assurance that the State educational agency will 
     monitor the implementation of activities under this part and 
     provide technical assistance to local educational agencies in 
     carrying out such activities.
       ``(3) Annual report.--Each State receiving a grant under 
     this part shall annually prepare and submit a report to the 
     Secretary, which shall include--
       ``(A) how the State and local educational agencies used 
     funds provided under this part; and
       ``(B) the degree to which the State and local educational 
     agencies have made progress toward meeting the objectives and 
     outcomes described in the plan submitted by the State under 
     paragraph (2)(B).

     ``SEC. 4104. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) Allocations to Local Educational Agencies.--
       ``(1) In general.--A State that receives an allotment under 
     this part for a fiscal year shall provide the amount made 
     available under section 4103(c)(1) for subgrants to local 
     educational agencies, which may include consortia of such 
     agencies, in accordance with this section.
       ``(2) Funds to local educational agencies.--From the funds 
     reserved by a State under section 4103(c)(1), the State shall 
     allocate to each local educational agency or consortium of 
     such agencies in the State an amount that bears the same 
     relationship to such funds as the number of individuals aged 
     5 to 17 from families with incomes below the poverty line in 
     the geographic area served by the agency, as determined by 
     the Secretary on the basis of the most recent satisfactory 
     data, bears to the number of such individuals in the 
     geographic areas served by all the local educational agencies 
     in the State, as so determined.
       ``(3) Administrative costs.--Of the amount received under 
     paragraph (2), a local educational agency or consortium of 
     such agencies may use not more than 2 percent for the direct 
     administrative costs of carrying out its responsibilities 
     under this part.
       ``(b) Local Applications.--
       ``(1) In general.--To be eligible to receive a subgrant 
     under this section, a local educational agency or consortium 
     of such agencies shall submit an application to the State 
     educational agency at such time, in such manner, and 
     containing such information as the State educational agency 
     may reasonably require.
       ``(2) Consultation.--
       ``(A) In general.--A local educational agency or consortium 
     of such agencies shall conduct a needs assessment described 
     in paragraph (3), and develop its application, through 
     consultation with parents, teachers, principals, school 
     leaders, specialized instructional support personnel, early 
     childhood educators, students, community-based organizations, 
     local government representatives (which may include a local 
     law enforcement agency, local juvenile court, local child 
     welfare agency, or local public housing agency), Indian 
     tribes or tribal organizations (if applicable) that may be 
     located in the region served by the local educational agency, 
     and others with relevant and demonstrated expertise in 
     programs and activities designed to meet the purpose of this 
     part.
       ``(B) Continued consultation.--On an ongoing basis, the 
     local educational agency or consortium of such agencies shall 
     consult with the individuals and organizations described in 
     subparagraph (A) in order to seek advice regarding how best--
       ``(i) to improve the local activities in order to meet the 
     purpose of this part; and
       ``(ii) to coordinate such activities under this part with 
     other related strategies, programs, and activities being 
     conducted in the community.
       ``(3) Needs assessment.--
       ``(A) In general.--To be eligible to receive a subgrant 
     under this section, a local educational agency or consortium 
     of such agencies shall conduct a comprehensive needs 
     assessment of the local educational agency or agencies 
     proposed to be served and of all schools within the 
     jurisdiction of the local educational agency or agencies 
     proposed to be served.
       ``(B) Requirements.--In conducting the needs assessment 
     required under subparagraph (A), the local educational agency 
     or consortium of such agencies shall--
       ``(i) take into account applicable and available school-
     level data on indicators or measures of school quality, 
     climate and safety, and discipline, including those described 
     in section 1111(d)(1)(C)(v); and
       ``(ii) take into account risk factors in the community, 
     school, family, or peer-individual domains that--

       ``(I) are known through prospective, longitudinal research 
     efforts to be predictive of drug use, violent behavior, 
     harassment, disciplinary issues, and to have an effect on the 
     physical and mental health and well-being of youth in the 
     school and community; and
       ``(II) may include using available State and local data on 
     incidence, prevalence, and perception of such risk factors.

       ``(4) Contents.--Each application submitted under this 
     subsection shall be based on the needs assessment described 
     in paragraph (3) and shall include the following:
       ``(A) The results of the needs assessment described in 
     paragraph (3) and an identification of each school that will 
     be served by a subgrant under this section.
       ``(B) A description of the activities that the local 
     educational agency or consortium of such agencies will carry 
     out under this part and how these activities are aligned with 
     the results of the needs assessment conducted under paragraph 
     (3).
       ``(C) A description of the performance indicators that the 
     local educational agency or consortium of such agencies will 
     use to evaluate the effectiveness of the activities carried 
     out under this section.
       ``(D) a description of the programs or activities that the 
     local educational agency or consortium of such agencies will 
     carry out under this part to assist schools in facilitating 
     safe relationship behavior between and among students, as 
     determined necessary by the local educational agency to meet 
     the purposes of this part and which may include--
       ``(i) providing age-appropriate education and training, and
       ``(ii) improving instructional practices on developing 
     effective communication skills, and on how to recognize and 
     prevent coercion, violence, or abuse, including teen and 
     dating violence, stalking, domestic abuse, and sexual 
     violence and harassment.
       ``(E) An assurance that such activities will comply with 
     the principles of effectiveness described in section 4105(b), 
     and foster a

[[Page S4738]]

     healthy, safe, and supportive school environment that 
     improves students' safety, health, and well-being during and 
     after the school day.
       ``(F) An assurance that the local educational agency or 
     consortium of such agencies will prioritize the distribution 
     of funds to schools served by the local educational agency or 
     consortium of such agencies that--
       ``(i) are among the schools with the greatest needs as 
     identified through the needs assessment conducted under 
     paragraph (3);
       ``(ii) have the highest percentages or numbers of children 
     counted under section 1124(c);
       ``(iii) are identified under section 1114(a)(1)(A); or
       ``(iv) are identified as a persistently dangerous public 
     elementary school or secondary school under section 9532.
       ``(G) An assurance that the local educational agency or 
     consortium of such agencies will comply with section 9501 
     (regarding equitable participation by private school children 
     and teachers).

     ``SEC. 4105. LOCAL EDUCATIONAL AGENCY AUTHORIZED ACTIVITIES.

       ``(a) Local Educational Agency Activities.--A local 
     educational agency or consortium of such agencies that 
     receives a subgrant under section 4104 shall use the subgrant 
     funds to develop, implement, and evaluate comprehensive 
     programs and activities, which are coordinated with other 
     schools and community-based services and programs and may be 
     conducted in partnership with nonprofit organizations with a 
     demonstrated record of success in implementing activities, 
     that are in accordance with the purpose of this part and--
       ``(1) foster safe, healthy, supportive, and drug-free 
     environments that support student academic achievement;
       ``(2) are consistent with the principles of effectiveness 
     described in subsection (b);
       ``(3) promote the involvement of parents in the activity or 
     program, as appropriate; and
       ``(4) may include, among other programs and activities--
       ``(A) drug and violence prevention activities and programs 
     (including programs to educate students against the use of 
     alcohol, tobacco, marijuana, smokeless tobacco products, and 
     electronic cigarettes), including professional development 
     and training for school and specialized instructional support 
     personnel and interested community members in prevention, 
     education, early identification, and intervention mentoring, 
     and, where appropriate, rehabilitation referral, as related 
     to drug and violence prevention;
       ``(B) programs that support extended learning 
     opportunities, including before- and after-school programs 
     and activities, programs during summer recess periods, and 
     expanded learning time;
       ``(C) in accordance with subsections (c) and (d), school-
     based mental health services, including early identification 
     of mental-health symptoms, drug use and violence, and 
     appropriate referrals to direct individual or group 
     counseling services provided by qualified school or 
     community-based mental health services providers;
       ``(D) in accordance with subsections (c) and (d), school-
     based mental health services partnership programs that--
       ``(i) are conducted in partnership with a public or private 
     mental-health entity or health care entity, which may also 
     include a child welfare agency, family-based mental health 
     entity, trauma network, or other community-based entity; and
       ``(ii) provide comprehensive school-based mental health 
     services and supports and staff development for school and 
     community personnel working in the school that are based on 
     trauma-informed and evidence practices, are coordinated 
     (where appropriate) with early intervening services carried 
     out under the Individuals with Disabilities Education Act, 
     are provided by qualified mental and behavioral health 
     professionals who are certified or licensed by the State 
     involved and practicing within their area of expertise, and 
     may include--

       ``(I) the early identification of social, emotional, or 
     behavioral problems, or substance use disorders, and the 
     provision of early intervening services;
       ``(II) notwithstanding section 4107, the treatment or 
     referral for treatment of students with social, emotional, or 
     behavioral health problems, or substance use disorders;
       ``(III) the development and implementation of programs to 
     assist children in dealing with trauma and violence; and
       ``(IV) the development of mechanisms, based on best 
     practices, for children to report incidents of violence or 
     plans by other children or adults to commit violence;

       ``(E) emergency planning and intervention services 
     following traumatic crisis events;
       ``(F) programs that train school personnel to identify 
     warning signs of youth drug abuse and suicide;
       ``(G) mentoring programs and activities for children who--
       ``(i) are at risk of academic failure, dropping out of 
     school, or involvement in criminal or delinquent activities, 
     drug use and abuse; or
       ``(ii) lack strong positive role models;
       ``(H) early childhood, elementary school, and secondary 
     school counseling programs, including college and career 
     guidance programs, such as--
       ``(i) postsecondary education and career awareness and 
     exploration activities;
       ``(ii) efforts to enhance the use of information about 
     local workforce needs in postsecondary education and career 
     guidance programs, which may include training counselors to 
     effectively utilize labor market information in assisting 
     students with postsecondary education and career planning;
       ``(iii) the development of personalized learning plans for 
     students; and
       ``(iv) financial literacy and Federal financial aid 
     awareness activities;
       ``(I) programs or activities that support a healthy, active 
     lifestyle, including nutritional education and regular, 
     structured physical education programs for early childhood, 
     elementary school, and secondary school students;
       ``(J) implementation of schoolwide positive behavioral 
     interventions and supports, including through coordination 
     with similar activities carried out under the Individuals 
     with Disabilities Education Act, in order to improve academic 
     outcomes for students and reduce the need for suspensions, 
     expulsions, and other actions that remove students from 
     instruction;
       ``(K) programs and activities that offer a variety of well-
     rounded educational experience for students, such as those 
     that--
       ``(i) use music and the arts as tools to promote 
     constructive student engagement, problem solving, and 
     conflict resolution; or
       ``(ii) further students' understanding and knowledge of 
     computer science from elementary school through secondary 
     school;
       ``(L) systems of high-capacity, integrated student 
     supports;
       ``(M) strategies that establish learning environments to 
     further students' academic and nonacademic skills essential 
     for school readiness and academic success, such as by 
     providing integrated systems of student and family supports 
     and building teacher, principal, and other school leader 
     capacity;
       ``(N) bullying and harassment prevention programs or 
     activities, including professional development and training 
     for school and specialized instructional support personnel in 
     the prevention, early identification, and early intervention, 
     as related to bullying and harassment;
       ``(O) programs or activities designed to increase school 
     safety and improve school climate, which may include training 
     for school personnel related to conflict prevention and 
     resolution practices and raising awareness of issues such 
     as--
       ``(i) suicide prevention;
       ``(ii) effective and trauma-informed practices in classroom 
     management;
       ``(iii) crisis management techniques;
       ``(iv) conflict resolution practices;
       ``(v) human trafficking (defined, for purposes of this 
     subparagraph, as an act or practice described in paragraph 
     (9) or (10) of section 103 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102)); and
       ``(vi) school-based violence prevention strategies;
       ``(P) programs or activities that integrate health and 
     safety practices into school or athletic programs, such as 
     developing a plan for concussion safety and recovery or 
     cardiac safety or implementing an excessive heat action plan 
     to be used during school-sponsored athletic activities;
       ``(Q) pay-for-success initiatives that produce a 
     measurable, clearly defined outcome that results in social 
     benefit and direct cost savings to the local, State, or 
     Federal Government;
       ``(R) programs or activities to connect youth who are 
     involved in, or are at risk of involvement in, juvenile 
     delinquency or street gang activity to evidence-based and 
     promising prevention and intervention practices related to 
     juvenile delinquency and criminal street gang activity;
       ``(S) child sexual abuse awareness and prevention programs 
     or activities, such as programs or activities designed to 
     provide--
       ``(i) age-appropriate and developmentally-appropriate 
     instruction for early childhood education program, elementary 
     school, and secondary school students in child sexual abuse 
     awareness and prevention, including how to recognize child 
     sexual abuse and how to safely report child sexual abuse; and
       ``(ii) information to parents and guardians of early 
     childhood education program, elementary school, and secondary 
     school students about child sexual abuse awareness and 
     prevention, including how to recognize child sexual abuse and 
     how to discuss child sexual abuse with a child;
       ``(T) the development and implementation of a school asthma 
     management plan;
       ``(U) assisting schools in educating children facing 
     substance abuse in the home, which may include providing 
     professional development, training, and technical assistance 
     to elementary schools and secondary schools that serve 
     communities with high rates of substance abuse;
       ``(V) instructional and support activities and programs, 
     such as activities and programs addressing chronic disease 
     management, led by school nurses, nurse practitioners, social 
     workers, and other appropriate specialists or professionals 
     to help maintain the well-being of students;
       ``(W) programs and activities that facilitate safe 
     relationship behavior between and among students; and
       ``(X) other activities and programs identified as necessary 
     by the local educational agency through the needs assessment 
     conducted under section 4104(b)(3) that will increase student 
     achievement and otherwise meet the purpose of this part.
       ``(b) Principles of Effectiveness.--
       ``(1) In general.--For a program or activity developed or 
     carried out under this part to meet principles of 
     effectiveness, such program or activity shall--

[[Page S4739]]

       ``(A) be based upon an assessment of objective data 
     regarding the need for programs and activities in the early 
     childhood, elementary school, secondary school, or community 
     to be served to--
       ``(i) improve school safety and promote students' physical 
     and mental health and well-being, healthy eating and 
     nutrition, and physical fitness; and
       ``(ii) strengthen parent and community engagement to ensure 
     a healthy, safe, and supportive school environment;
       ``(B) be based upon established State requirements and 
     evidence-based criteria aimed at ensuring a healthy, safe, 
     and supportive school environment for students in the early 
     childhood, elementary school, secondary school, or community 
     that will be served by the program; and
       ``(C) include meaningful and ongoing consultation with and 
     input from teachers, principals, school leaders, and parents 
     in the development of the application and administration of 
     the program or activity.
       ``(2) Periodic evaluation.--
       ``(A) In general.--The program or activity shall undergo a 
     periodic independent, third-party evaluation to assess the 
     extent to which the program or activity has helped the local 
     educational agency or school provide students with a healthy, 
     safe, and supportive school environment that promotes school 
     safety and students' physical and mental health and well-
     being.
       ``(B) Use of results.--The local educational agency or 
     consortium of such agencies shall ensure that the results of 
     the periodic evaluations described under subparagraph (A) 
     are--
       ``(i) used to refine, improve, and strengthen the program 
     or activity, and to refine locally determined criteria 
     described under paragraph (1)(B); and
       ``(ii) made available to the public and the State.
       ``(3) Prohibition.--Nothing in this subsection shall be 
     construed to authorize the Secretary or any other officer or 
     employee of the Federal Government to mandate, direct, or 
     control, the principles of effectiveness developed or 
     utilized by a local educational agency under this subsection.
       ``(c) Parental Consent.--
       ``(1) In general.--Each local educational agency receiving 
     a subgrant under this part shall obtain prior written, 
     informed consent from the parent of each child who is under 
     18 years of age to participate in any mental-health 
     assessment service or treatment that is funded under this 
     part and conducted in connection with an elementary school or 
     secondary school under this part.
       ``(2) Exception.--Notwithstanding paragraph (1), the 
     written, informed consent described in such paragraph shall 
     not be required in--
       ``(A) an emergency, where it is necessary to protect the 
     immediate health and safety of the student, other students, 
     or school personnel; or
       ``(B) other instances where parental consent cannot be 
     reasonably obtained, as defined by the Secretary.
       ``(d) Privacy.--Each local educational agency receiving a 
     subgrant under this part shall ensure that student mental 
     health records are accorded the privacy protections provided 
     under section 444 of the General Education Provisions Act (20 
     U.S.C. 1232g) (commonly referred to as the `Family 
     Educational Rights and Privacy Act of 1974').

     ``SEC. 4106. SUPPLEMENT, NOT SUPPLANT.

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

     ``SEC. 4107. PROHIBITIONS.

       ``(a) Prohibited Use of Funds.--No funds under this part 
     may be used for--
       ``(1) construction; or
       ``(2) medical services or drug treatment or rehabilitation, 
     except for integrated student supports or referral to 
     treatment for impacted students, which may include students 
     who are victims of, or witnesses to, crime or who illegally 
     use drugs.
       ``(b) Prohibition on Mandatory Medication.--No child shall 
     be required to obtain a prescription for a substance covered 
     by the Controlled Substances Act (21 U.S.C. 801 et seq.) as a 
     condition of receiving an evaluation, services, or attending 
     a school receiving assistance under this part.

     ``SEC. 4108. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for each of fiscal years 
     2016 through 2021.''.

     SEC. 4003. 21ST CENTURY COMMUNITY LEARNING CENTERS.

       (a) Program Authorized.--Part B of title IV (20 U.S.C. 7171 
     et seq.) is amended to read as follows:

           ``PART B--21ST CENTURY COMMUNITY LEARNING CENTERS

     ``SEC. 4201. PURPOSE; DEFINITIONS.

       ``(a) Purpose.--The purpose of this part is to provide 
     opportunities for communities to establish or expand 
     activities in community learning centers that--
       ``(1) provide opportunities for academic enrichment, 
     including providing tutorial services to help students, 
     particularly students who attend low-performing schools, to 
     meet challenging State academic standards described in 
     section 1111(b)(1);
       ``(2) offer students a broad array of additional services, 
     programs, and activities, such as youth development 
     activities, service learning, nutrition and health education, 
     drug and violence prevention programs, counseling programs, 
     art, music, physical fitness and wellness programs, 
     technology education programs, financial literacy programs, 
     environmental literacy programs, mathematics, science, career 
     and technical programs, internship or apprenticeship 
     programs, and other ties to an in-demand industry sector or 
     occupation for high school students that are designed to 
     reinforce and complement the regular academic program of 
     participating students; and
       ``(3) offer families of students served by community 
     learning centers opportunities for active and meaningful 
     engagement in their children's education, including 
     opportunities for literacy and related educational 
     development.
       ``(b) Definitions.--In this part:
       ``(1) Community learning center.--The term `community 
     learning center' means an entity that--
       ``(A) assists students to meet challenging State academic 
     standards described in section 1111(b)(1) by providing the 
     students with academic enrichment activities and a broad 
     array of other activities (such as programs and activities 
     described in subsection (a)(2)) during nonschool hours or 
     periods when school is not in session (such as before and 
     after school or during summer recess) that--
       ``(i) reinforce and complement the regular academic 
     programs of the schools attended by the students served; and
       ``(ii) are targeted to the students' academic needs and 
     aligned with the instruction students receive during the 
     school day; and
       ``(B) offers families of students served by such center 
     opportunities for literacy, and related educational 
     development and opportunities for active and meaningful 
     engagement in their children's education.
       ``(2) Covered program.--The term `covered program' means a 
     program for which --
       ``(A) the Secretary made a grant under part B of title IV 
     (as such part was in effect on the day before the date of 
     enactment of the Every Child Achieves Act of 2015); and
       ``(B) the grant period had not ended on that date of 
     enactment.
       ``(3) Eligible entity.--The term `eligible entity' means a 
     local educational agency, community-based organization, 
     Indian tribe or tribal organization (as such terms are 
     defined in section 4 of the Indian Self-Determination and 
     Education Act (25 U.S.C. 450b)), another public or private 
     entity, or a consortium of 2 or more such agencies, 
     organizations, or entities.
       ``(4) External organization.--The term `external 
     organization' means--
       ``(A) a nonprofit organization with a record of success in 
     running or working with after school programs; or
       ``(B) in the case of a community where there is no such 
     organization, a nonprofit organization in the community that 
     enters into a formal agreement or partnership with an 
     organization described in subparagraph (A) to receive 
     mentoring and guidance.
       ``(5) Rigorous peer-review process.--The term `rigorous 
     peer-review process' means a process by which--
       ``(A) employees of a State educational agency who are 
     familiar with the 21st century community learning center 
     program under this part review all applications that the 
     State receives for awards under this part for completeness 
     and applicant eligibility;
       ``(B) the State educational agency selects peer reviewers 
     for such applications, who shall--
       ``(i) be selected for their expertise in providing 
     effective academic, enrichment, youth development, and 
     related services to children; and
       ``(ii) not include any applicant, or representative of an 
     applicant, that has submitted an application under this part 
     for the current application period; and
       ``(C) the peer reviewers described in subparagraph (B) 
     review and rate the applications to determine the extent to 
     which the applications meet the requirements under sections 
     4204(b) and 4205.
       ``(6) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.

     ``SEC. 4202. ALLOTMENTS TO STATES.

       ``(a) Reservation.--From the funds appropriated under 
     section 4206 for any fiscal year, the Secretary shall 
     reserve--
       ``(1) such amounts as may be necessary to make continuation 
     awards to grant recipients under covered programs (under the 
     terms of those grants);
       ``(2) not more than 1 percent for national activities, 
     which the Secretary may carry out directly or through grants 
     and contracts, such as providing technical assistance to 
     eligible entities carrying out programs under this part or 
     conducting a national evaluation; and
       ``(3) not more than 1 percent for payments to the outlying 
     areas and the Bureau of Indian Affairs, to be allotted in 
     accordance with their respective needs for assistance under 
     this part, as determined by the Secretary, to enable the 
     outlying areas and the Bureau to carry out the purpose of 
     this part.
       ``(b) State Allotments.--
       ``(1) Determination.--From the funds appropriated under 
     section 4206 for any fiscal year and remaining after the 
     Secretary makes reservations under subsection (a), the 
     Secretary shall allot to each State for the fiscal year an 
     amount that bears the same relationship to the remainder as 
     the amount the State received under subpart 2 of part A

[[Page S4740]]

     of title I for the preceding fiscal year bears to the amount 
     all States received under that subpart for the preceding 
     fiscal year, except that no State shall receive less than an 
     amount equal to one-half of 1 percent of the total amount 
     made available to all States under this subsection.
       ``(2) Reallotment of unused funds.--If a State does not 
     receive an allotment under this part for a fiscal year, the 
     Secretary shall reallot the amount of the State's allotment 
     to the remaining States in accordance with this part.
       ``(c) State Use of Funds.--
       ``(1) In general.--Each State that receives an allotment 
     under this part shall reserve not less than 93 percent of the 
     amount allotted to such State under subsection (b), for each 
     fiscal year for awards to eligible entities under section 
     4204.
       ``(2) State administration.--A State educational agency may 
     use not more than 2 percent of the amount made available to 
     the State under subsection (b) for--
       ``(A) the administrative costs of carrying out its 
     responsibilities under this part;
       ``(B) establishing and implementing a rigorous peer-review 
     process for subgrant applications described in section 
     4204(b) (including consultation with the Governor and other 
     State agencies responsible for administering youth 
     development programs and adult learning activities); and
       ``(C) awarding of funds to eligible entities (in 
     consultation with the Governor and other State agencies 
     responsible for administering youth development programs and 
     adult learning activities).
       ``(3) State activities.--A State educational agency may use 
     not more than 5 percent of the amount made available to the 
     State under subsection (b) for the following activities:
       ``(A) Monitoring and evaluation of programs and activities 
     assisted under this part.
       ``(B) Providing capacity building, training, and technical 
     assistance under this part.
       ``(C) Comprehensive evaluation (directly, or through a 
     grant or contract) of the effectiveness of programs and 
     activities assisted under this part.
       ``(D) Providing training and technical assistance to 
     eligible entities that are applicants for or recipients of 
     awards under this part.
       ``(E) Ensuring that any eligible entity that receives an 
     award under this part from the State aligns the activities 
     provided by the program with State academic standards.
       ``(F) Ensuring that any such eligible entity identifies and 
     partners with external organizations, if available, in the 
     community.
       ``(G) Working with teachers, principals, parents, the local 
     workforce, the local community, and other stakeholders to 
     review and improve State policies and practices to support 
     the implementation of effective programs under this part.
       ``(H) Coordinating funds received under this part with 
     other Federal and State funds to implement high-quality 
     programs.
       ``(I) Providing a list of prescreened external 
     organizations, as described in section 4203(a)(11).

     ``SEC. 4203. STATE APPLICATION.

       ``(a) In General.--In order to receive an allotment under 
     section 4202 for any fiscal year, a State shall submit to the 
     Secretary, at such time as the Secretary may require, an 
     application that--
       ``(1) designates the State educational agency as the agency 
     responsible for the administration and supervision of 
     programs assisted under this part;
       ``(2) describes how the State educational agency will use 
     funds received under this part, including funds reserved for 
     State-level activities;
       ``(3) contains an assurance that the State educational 
     agency--
       ``(A) will make awards under this part to eligible entities 
     that serve students who primarily attend schools that have 
     been identified under section 1114(a)(1)(A) and other schools 
     determined by the local educational agency to be in need of 
     intervention and support and the families of such students; 
     and
       ``(B) will further give priority to eligible entities that 
     propose in the application to serve students described in 
     subclauses (I) and (II) of section 4204(i)(1)(A)(i);
       ``(4) describes the procedures and criteria the State 
     educational agency will use for reviewing applications and 
     awarding funds to eligible entities on a competitive basis, 
     which shall include procedures and criteria that take into 
     consideration the likelihood that a proposed community 
     learning center will help participating students meet State 
     and local content and student academic achievement standards;
       ``(5) describes how the State educational agency will 
     ensure that awards made under this part are--
       ``(A) of sufficient size and scope to support high-quality, 
     effective programs that are consistent with the purpose of 
     this part; and
       ``(B) in amounts that are consistent with section 4204(h);
       ``(6) describes the steps the State educational agency will 
     take to ensure that programs implement effective strategies, 
     including providing ongoing technical assistance and 
     training, evaluation, dissemination of promising practices, 
     and coordination of professional development for staff in 
     specific content areas as well as youth development;
       ``(7) describes how programs under this part will be 
     coordinated with programs under this Act, and other programs 
     as appropriate;
       ``(8) contains an assurance that the State educational 
     agency--
       ``(A) will make awards for programs for a period of not 
     less than 3 years and not more than 5 years; and
       ``(B) will require each eligible entity seeking such an 
     award to submit a plan describing how the activities to be 
     funded through the award will continue after funding under 
     this part ends;
       ``(9) contains an assurance that funds appropriated to 
     carry out this part will be used to supplement, and not 
     supplant, other Federal, State, and local public funds 
     expended to provide programs and activities authorized under 
     this part and other similar programs;
       ``(10) contains an assurance that the State educational 
     agency will require eligible entities to describe in their 
     applications under section 4204(b) how the transportation 
     needs of participating students will be addressed;
       ``(11) describes how the State will prescreen external 
     organizations that could provide assistance in carrying out 
     the activities under this part, and develop and make 
     available to eligible entities a list of external 
     organizations that successfully completed the prescreening 
     process;
       ``(12) provides--
       ``(A) an assurance that the application was developed in 
     consultation and coordination with appropriate State 
     officials, including the chief State school officer, and 
     other State agencies administering before- and after-school 
     (or summer school) programs, the heads of the State health 
     and mental health agencies or their designees, statewide 
     after-school networks (where applicable) and representatives 
     of teachers, local educational agencies, and community-based 
     organizations; and
       ``(B) a description of any other representatives of 
     teachers, parents, students, or the business community that 
     the State has selected to assist in the development of the 
     application, if applicable;
       ``(13) describes the results of the State's needs and 
     resources assessment for before- and after-school activities, 
     which shall be based on the results of on-going State 
     evaluation activities;
       ``(14) describes how the State educational agency will 
     evaluate the effectiveness of programs and activities carried 
     out under this part, which shall include, at a minimum--
       ``(A) a description of the performance indicators and 
     performance measures that will be used to evaluate programs 
     and activities with emphasis on alignment with the regular 
     academic program of the school and the academic needs of 
     participating students, including performance indicators and 
     measures that--
       ``(i) are able to track student success and improvement 
     over time;
       ``(ii) include State assessment results and other 
     indicators of student success and improvement, such as 
     improved attendance during the school day, better classroom 
     grades, regular (or consistent) program attendance, and on-
     time advancement to the next grade level; and
       ``(iii) for high school students, may include indicators 
     such as career competencies, successful completion of 
     internships or apprenticeships, or work-based learning 
     opportunities;
       ``(B) a description of how data collected for the purposes 
     of subparagraph (A) will be collected; and
       ``(C) public dissemination of the evaluations of programs 
     and activities carried out under this part; and
       ``(15) provides for timely public notice of intent to file 
     an application and an assurance that the application will be 
     available for public review after submission.
       ``(b) Deemed Approval.--An application submitted by a State 
     educational agency pursuant to subsection (a) shall be deemed 
     to be approved by the Secretary unless the Secretary makes a 
     written determination, prior to the expiration of the 120-day 
     period beginning on the date on which the Secretary received 
     the application, that the application is not in compliance 
     with this part.
       ``(c) Disapproval.--The Secretary shall not finally 
     disapprove the application, except after giving the State 
     educational agency notice and an opportunity for a hearing.
       ``(d) Notification.--If the Secretary finds that the 
     application is not in compliance, in whole or in part, with 
     this part, the Secretary shall--
       ``(1) give the State educational agency notice and an 
     opportunity for a hearing; and
       ``(2) notify the State educational agency of the finding of 
     noncompliance and, in such notification--
       ``(A) cite the specific provisions in the application that 
     are not in compliance; and
       ``(B) request additional information, only as to the 
     noncompliant provisions, needed to make the application 
     compliant.
       ``(e) Response.--If the State educational agency responds 
     to the Secretary's notification described in subsection 
     (d)(2) during the 45-day period beginning on the date on 
     which the agency received the notification, and resubmits the 
     application with the requested information described in 
     subsection (d)(2)(B), the Secretary shall approve or 
     disapprove such application prior to the later of--
       ``(1) the expiration of the 45-day period beginning on the 
     date on which the application is resubmitted; or
       ``(2) the expiration of the 120-day period described in 
     subsection (b).
       ``(f) Failure To Respond.--If the State educational agency 
     does not respond to the

[[Page S4741]]

     Secretary's notification described in subsection (d)(2) 
     during the 45-day period beginning on the date on which the 
     agency received the notification, such application shall be 
     deemed to be disapproved.
       ``(g) Limitation.--The Secretary may not impose a priority 
     or preference for States or eligible entities that seek to 
     use funds made available under this part to extend the 
     regular school day.

     ``SEC. 4204. LOCAL COMPETITIVE SUBGRANT PROGRAM.

       ``(a) In General.--
       ``(1) Community learning centers.--A State that receives 
     funds under this part for a fiscal year shall provide the 
     amount made available under section 4202(c)(1) to award 
     subgrants to eligible entities for community learning centers 
     in accordance with this part.
       ``(2) Expanded learning program activities.--A State that 
     receives funds under this part for a fiscal year may also use 
     funds under section 4202(c)(1) to support those enrichment 
     and engaging academic activities described in section 4205(a) 
     that--
       ``(A) are included as part of an expanded learning program 
     that provide students at least 300 additional program hours 
     before, during, or after the traditional school day;
       ``(B) supplement but do not supplant school day 
     requirements; and
       ``(C) are awarded to entities that meet the requirements of 
     subsection (i).
       ``(b) Application.--
       ``(1) In general.--To be eligible to receive a subgrant 
     under this part, an eligible entity shall submit an 
     application to the State educational agency at such time, in 
     such manner, and including such information as the State 
     educational agency may reasonably require.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall include--
       ``(A) a description of the activities to be funded, 
     including--
       ``(i) an assurance that the program will take place in a 
     safe and easily accessible facility;
       ``(ii) a description of how students participating in the 
     program carried out by the community learning center will 
     travel safely to and from the center and home, if applicable; 
     and
       ``(iii) a description of how the eligible entity will 
     disseminate information about the community learning center 
     (including its location) to the community in a manner that is 
     understandable and accessible;
       ``(B) a description of how such activities are expected to 
     improve student academic achievement as well as overall 
     student success;
       ``(C) a demonstration of how the proposed program will 
     coordinate Federal, State, and local programs and make the 
     most effective use of public resources;
       ``(D) an assurance that the proposed program was developed 
     and will be carried out--
       ``(i) in active collaboration with the schools the students 
     attend (including through the sharing of relevant student 
     data among the schools), all participants in the eligible 
     entity, and any partnership entities described in 
     subparagraph (H), while complying with applicable laws 
     relating to privacy and confidentiality; and
       ``(ii) in alignment with State and local content and 
     student academic achievement standards;
       ``(E) a description of how the activities will meet the 
     measures of effectiveness described in section 4205(b);
       ``(F) an assurance that the program will target students 
     who primarily attend schools eligible for schoolwide programs 
     under section 1113(b) and the families of such students;
       ``(G) an assurance that subgrant funds under this part will 
     be used to increase the level of State, local, and other non-
     Federal funds that would, in the absence of funds under this 
     part, be made available for programs and activities 
     authorized under this part, and in no case supplant Federal, 
     State, local, or non-Federal funds;
       ``(H) a description of the partnership between a local 
     educational agency, a community-based organization, and 
     another public entity or private entity, if appropriate;
       ``(I) an evaluation of the community needs and available 
     resources for the community learning center and a description 
     of how the program proposed to be carried out in the center 
     will address those needs (including the needs of working 
     families);
       ``(J) a demonstration that the eligible entity will use 
     best practices, including research or evidence-based 
     practices, to provide educational and related activities that 
     will complement and enhance academic performance, 
     achievement, postsecondary and workforce preparation, and 
     positive youth development of the students;
       ``(K) a description of a preliminary plan for how the 
     community learning center will continue after funding under 
     this part ends;
       ``(L) an assurance that the community will be given notice 
     of an intent to submit an application and that the 
     application and any waiver request will be available for 
     public review after submission of the application;
       ``(M) if the eligible entity plans to use volunteers in 
     activities carried out through the community learning center, 
     a description of how the eligible entity will encourage and 
     use appropriately qualified persons to serve as the 
     volunteers; and
       ``(N) such other information and assurances as the State 
     educational agency may reasonably require.
       ``(c) Approval of Certain Applications.--The State 
     educational agency may approve an application under this part 
     for a program to be located in a facility other than an 
     elementary school or secondary school only if the program 
     will be at least as available and accessible to the students 
     to be served as if the program were located in an elementary 
     school or secondary school.
       ``(d) Permissive Local Match.--
       ``(1) In general.--A State educational agency may require 
     an eligible entity to match subgrant funds awarded under this 
     part, except that such match may not exceed the amount of the 
     subgrant and may not be derived from other Federal or State 
     funds.
       ``(2) Sliding scale.--The amount of a match under paragraph 
     (1) shall be established based on a sliding scale that takes 
     into account--
       ``(A) the relative poverty of the population to be targeted 
     by the eligible entity; and
       ``(B) the ability of the eligible entity to obtain such 
     matching funds.
       ``(3) In-kind contributions.--Each State educational agency 
     that requires an eligible entity to match funds under this 
     subsection shall permit the eligible entity to provide all or 
     any portion of such match in the form of in-kind 
     contributions.
       ``(4) Consideration.--Notwithstanding this subsection, a 
     State educational agency shall not consider an eligible 
     entity's ability to match funds when determining which 
     eligible entities will receive subgrants under this part.
       ``(e) Peer Review.--In reviewing local applications under 
     this part, a State educational agency shall use a rigorous 
     peer-review process or other methods of ensuring the quality 
     of such applications.
       ``(f) Geographic Diversity.--To the extent practicable, a 
     State educational agency shall distribute subgrant funds 
     under this part equitably among geographic areas within the 
     State, including urban and rural communities.
       ``(g) Duration of Awards.--Subgrants under this part shall 
     be awarded for a period of not less than 3 years and not more 
     than 5 years.
       ``(h) Amount of Awards.--A subgrant awarded under this part 
     may not be made in an amount that is less than $50,000.
       ``(i) Priority.--
       ``(1) In general.--In awarding subgrants under this part, a 
     State educational agency shall give priority to 
     applications--
       ``(A) proposing to target services to--
       ``(i) students who primarily attend schools that--

       ``(I) have been identified under section 1114(a) and other 
     schools determined by the local educational agency to be in 
     need of intervention and support to improve student academic 
     achievement and other outcomes; and
       ``(II) enroll students who may be at risk for academic 
     failure, dropping out of school, involvement in criminal or 
     delinquent activities, or who lack strong positive role 
     models; and

       ``(ii) the families of students described in clause (i);
       ``(B) submitted jointly by eligible entities consisting of 
     not less than 1--
       ``(i) local educational agency receiving funds under part A 
     of title I; and
       ``(ii) another eligible entity; and
       ``(C) demonstrating that the activities proposed in the 
     application--
       ``(i) are, as of the date of the submission of the 
     application, not accessible to students who would be served; 
     or
       ``(ii) would expand accessibility to high-quality services 
     that may be available in the community.
       ``(2) Special rule.--The State educational agency shall 
     provide the same priority under paragraph (1) to an 
     application submitted by a local educational agency if the 
     local educational agency demonstrates that it is unable to 
     partner with a community-based organization in reasonable 
     geographic proximity and of sufficient quality to meet the 
     requirements of this part.
       ``(3) Limitation.--A State educational agency may not 
     impose a priority or preference for eligible entities that 
     seek to use funds made available under this part to extend 
     the regular school day.
       ``(j) Renewability of Awards.--A State educational agency 
     may renew a subgrant provided under this part to an eligible 
     entity, based on the eligible entity's performance during the 
     original subgrant period.

     ``SEC. 4205. LOCAL ACTIVITIES.

       ``(a) Authorized Activities.--Each eligible entity that 
     receives an award under section 4204 may use the award funds 
     to carry out a broad array of activities that advance student 
     academic achievement and support student success, including--
       ``(1) academic enrichment learning programs, mentoring 
     programs, remedial education activities, and tutoring 
     services, that are aligned with--
       ``(A) State and local content and student academic 
     achievement standards; and
       ``(B) local curricula that are designed to improve student 
     academic achievement;
       ``(2) core academic subject education activities, including 
     such activities that enable students to be eligible for 
     credit recovery or attainment;
       ``(3) literacy education programs, including financial 
     literacy programs and environmental literacy programs;
       ``(4) programs that support a healthy, active lifestyle, 
     including nutritional education and regular, structured 
     physical activity programs;

[[Page S4742]]

       ``(5) services for individuals with disabilities;
       ``(6) programs that provide after-school activities for 
     students who are English learners that emphasize language 
     skills and academic achievement;
       ``(7) cultural programs;
       ``(8) telecommunications and technology education programs;
       ``(9) expanded library service hours;
       ``(10) parenting skills programs that promote parental 
     involvement and family literacy;
       ``(11) programs that provide assistance to students who 
     have been truant, suspended, or expelled to allow the 
     students to improve their academic achievement;
       ``(12) drug and violence prevention programs and counseling 
     programs;
       ``(13) programs that build skills in science, technology, 
     engineering, and mathematics (referred to in this paragraph 
     as `STEM') and that foster innovation in learning by 
     supporting nontraditional STEM education teaching methods; 
     and
       ``(14) programs that partner with in-demand fields of the 
     local workforce or build career competencies and career 
     readiness and ensure that local workforce and career 
     readiness skills are aligned with the Carl D. Perkins Career 
     and Technical Education Act of 2006 and the Workforce 
     Innovation and Opportunity Act.
       ``(b) Measures of Effectiveness.--
       ``(1) In general.--For a program or activity developed 
     pursuant to this part to meet the measures of effectiveness, 
     monitored by the State educational agency as described in 
     section 4203(a)(14), such program or activity shall--
       ``(A) be based upon an assessment of objective data 
     regarding the need for before- and after-school programs 
     (including during summer recess periods) and activities in 
     the schools and communities;
       ``(B) be based upon an established set of performance 
     measures aimed at ensuring the availability of high-quality 
     academic enrichment opportunities;
       ``(C) if appropriate, be based upon evidence-based research 
     that the program or activity will help students meet the 
     State and local student academic achievement standards;
       ``(D) ensure that measures of student success align with 
     the regular academic program of the school and the academic 
     needs of participating students and include performance 
     indicators and measures described in section 4203(a)(14)(A); 
     and
       ``(E) collect the data necessary for the measures of 
     student success described in subparagraph (D).
       ``(2) Periodic evaluation.--
       ``(A) In general.--The program or activity shall undergo a 
     periodic evaluation in conjunction with the State educational 
     agency's overall evaluation plan as described in section 
     4203(a)(14), to assess the program's progress toward 
     achieving the goal of providing high-quality opportunities 
     for academic enrichment and overall student success.
       ``(B) Use of results.--The results of evaluations under 
     subparagraph (A) shall be--
       ``(i) used to refine, improve, and strengthen the program 
     or activity, and to refine the performance measures;
       ``(ii) made available to the public upon request, with 
     public notice of such availability provided; and
       ``(iii) used by the State to determine whether a subgrant 
     is eligible to be renewed under section 4204(j).

     ``SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for each of fiscal years 
     2016 through 2021.''.
       (b) Transition.--The recipient of a multiyear grant award 
     under part B of title IV of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7171 et seq.), as such Act 
     was in effect on the day before the date of enactment of this 
     Act, shall continue to receive funds in accordance with the 
     terms and conditions of such award.

     SEC. 4004. ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING 
                   PROGRAMS.

       Title IV (20 U.S.C. 7101 et seq.), as amended by section 
     4001, is further amended by inserting after part B the 
     following:

  ``PART C--ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING PROGRAMS

     ``SEC. 4301. ELEMENTARY SCHOOL AND SECONDARY SCHOOL 
                   COUNSELING PROGRAMS.

       ``(a) Grants Authorized.--
       ``(1) In general.--The Secretary is authorized to award 
     grants to eligible entities to enable such agencies to 
     establish or expand elementary school and secondary school 
     counseling programs that comply with the requirements of 
     subsection (c).
       ``(2) Special consideration.--In awarding grants under this 
     section, the Secretary shall--
       ``(A) give special consideration to applications describing 
     programs that--
       ``(i) demonstrate the greatest need for new or additional 
     counseling services among children in the schools served by 
     the eligible entity, in part by providing information on 
     current ratios, as of the date of application for a grant 
     under this section, of students to school counselors, 
     students to school social workers, and students to school 
     psychologists;
       ``(ii) propose promising and innovative approaches for 
     initiating or expanding school counseling; and
       ``(iii) show strong potential for replication and 
     dissemination; and
       ``(B) give priority to--
       ``(i) schools that serve students in rural and remote 
     areas;
       ``(ii) schools in need of intervention and support and 
     schools that are the persistently lowest-achieving schools; 
     or
       ``(iii) schools with a high percentage of students aged 5 
     through 17 who--

       ``(I) are in poverty, as counted in the most recent census 
     data approved by the Secretary;
       ``(II) are eligible for a free or reduced price lunch under 
     the Richard B. Russell National School Lunch Act (42 U.S.C. 
     1751 et seq.);
       ``(III) are in families receiving assistance under the 
     State program funded under part A of title IV of the Social 
     Security Act; or
       ``(IV) are eligible to receive medical assistance under the 
     Medicaid program.

       ``(3) Equitable distribution.--In awarding grants under 
     this section, the Secretary shall ensure an equitable 
     geographic distribution among the regions of the United 
     States and among eligible entities located in urban, rural, 
     and suburban areas.
       ``(4) Duration.--A grant under this section shall be 
     awarded for a period not to exceed 3 years.
       ``(5) Maximum grant.--A grant awarded under this section 
     shall not exceed $400,000 for any fiscal year.
       ``(b) Applications.--
       ``(1) In general.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require.
       ``(2) Contents.--Each application for a grant under this 
     section shall--
       ``(A) describe the school population to be targeted by the 
     program, the particular counseling needs of such population, 
     and the current school counseling resources available for 
     meeting such needs;
       ``(B) include the information described in subparagraphs 
     (B) through (D) of section 4104(b)(4), with respect to the 
     grant under this part;
       ``(C) document that the eligible entity has personnel 
     qualified to develop, implement, and administer the program; 
     and
       ``(D) document how the eligible entity will engage in 
     meaningful consultation with parents and families in the 
     development of such program.
       ``(c) Use of Funds.--Each eligible entity receiving a grant 
     under this part shall use grant funds to develop, implement, 
     and evaluate comprehensive, evidence-based, school counseling 
     programs through activities that incorporate evidence-based 
     practices, such as--
       ``(1) the implementation of a comprehensive school 
     counseling program to meet the counseling and educational 
     needs of all students;
       ``(2) increasing the range, availability, quantity, and 
     quality of counseling services, provided by qualified school 
     counselors, school psychologists, school social workers, and 
     other qualified school-based mental health services 
     providers, in the elementary schools and secondary schools of 
     the eligible entity;
       ``(3) the implementation of innovative approaches to 
     increase children's understanding of peer and family 
     relationships, peer and family interaction, work and self, 
     decisionmaking, or academic and career planning;
       ``(4) the implementation of academic, postsecondary 
     education and career planning programs;
       ``(5) the initiation of partnerships with community groups, 
     social service agencies, or other public or private non-
     profit entities in collaborative efforts to enhance the 
     program and promote school-linked integration of services, as 
     long as the eligible entity documents how such partnership 
     supplements, not supplants, existing school-employed school-
     based mental health services providers and services, in 
     accordance with subsection (f);
       ``(6) the implementation of a team approach to school 
     counseling in the schools served by the eligible entity by 
     working toward ratios of school counselors, school social 
     workers, and school psychologists to students recommended to 
     enable such personnel to effectively address the needs of 
     students; and
       ``(7) any other activity determined necessary by the 
     eligible entity that meets the purpose of this part.
       ``(d) Limitation on Administrative Costs.--Not more than 4 
     percent of the amounts made available under this section for 
     any fiscal year may be used for administrative costs to carry 
     out this section.
       ``(e) Report.--Not later than 2 years after assistance is 
     made available to eligible entities under subsection (a), the 
     Secretary shall make publicly available a report--
       ``(1) evaluating the programs assisted pursuant to each 
     grant under this section; and
       ``(2) outlining the information from eligible entities 
     regarding the ratios of students to--
       ``(A) school counselors;
       ``(B) school social workers; and
       ``(C) school psychologists.
       ``(f) Supplement, Not Supplant.--Funds made available under 
     this section shall be used to supplement, and not supplant, 
     other

[[Page S4743]]

     Federal, State, or local funds used for providing school-
     based counseling and mental health services to students.
       ``(g) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a local educational agency;
       ``(B) an educational service agency serving more than 1 
     local educational agency; or
       ``(C) a consortium of local educational agencies.
       ``(2) School-based mental health services provider.--The 
     term `school-based mental health services provider' has the 
     meaning given the term in section 4102.
       ``(3) School counselor.--The term `school counselor' means 
     an individual who meets the criteria for licensure or 
     certification as a school counselor in the State where the 
     individual is employed.
       ``(4) School psychologist.--The term `school psychologist' 
     means an individual who is licensed or certified in school 
     psychology by the State in which the individual is employed.
       ``(5) School social worker.--The term `school social 
     worker' means an individual who is licensed or certified as a 
     school social worker for the State in which the individual is 
     employed.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for each of fiscal years 2016 
     through 2021.''.

     SEC. 4005. PHYSICAL EDUCATION PROGRAM.

       Title IV (20 U.S.C. 7101 et seq.), as amended by sections 
     4001 and 4004, is further amended by adding at the end the 
     following:

                  ``PART D--PHYSICAL EDUCATION PROGRAM

     ``SEC. 4401. PURPOSE.

       ``The purpose of this part is to award grants and contracts 
     to initiate, expand, and improve physical education programs 
     for all students in kindergarten through grade 12.

     ``SEC. 4402. PROGRAM AUTHORIZED.

       ``(a) Authorization.--From amounts made available to carry 
     out this part, the Secretary is authorized to award grants or 
     contracts to local educational agencies and community-based 
     organizations to pay the Federal share of the costs of 
     initiating, expanding, and improving physical education 
     programs (including after-school programs) for students in 
     kindergarten through grade 12, by--
       ``(1) providing materials and support to enable students to 
     participate actively in physical education activities; and
       ``(2) providing funds for staff and teacher training and 
     education relating to physical education.
       ``(b) Program Elements.--A physical education program that 
     receives assistance under this part may provide for 1 or more 
     of the following:
       ``(1) Fitness education and assessment to help students 
     understand, improve, or maintain their physical well-being.
       ``(2) Instruction in a variety of motor skills and physical 
     activities designed to enhance the physical, mental, and 
     social or emotional development of every student.
       ``(3) Development of, and instruction in, cognitive 
     concepts about motor skill and physical fitness that support 
     a lifelong healthy lifestyle.
       ``(4) Opportunities to develop positive social and 
     cooperative skills through physical activity participation.
       ``(5) Instruction in healthy eating habits and good 
     nutrition.
       ``(6) Opportunities for professional development for 
     teachers of physical education to stay abreast of the latest 
     research, issues, and trends in the field of physical 
     education.
       ``(c) Special Rule.--For purposes of this part, 
     extracurricular activities, such as team sports and Reserve 
     Officers' Training Corps program activities, shall not be 
     considered as part of the curriculum of a physical education 
     program assisted under this part.

     ``SEC. 4403. APPLICATIONS.

       ``(a) Submission.--Each local educational agency or 
     community-based organization desiring a grant or contract 
     under this part shall submit to the Secretary an application 
     that contains a plan to initiate, expand, or improve physical 
     education programs in order to make progress toward meeting 
     State standards for physical education.
       ``(b) Private School and Home-schooled Students.--An 
     application for a grant or contract under this part may 
     provide for the participation, in the activities funded under 
     this part, of--
       ``(1) students enrolled in private nonprofit elementary 
     schools or secondary schools, and their parents and teachers; 
     or
       ``(2) home-schooled students, and their parents and 
     teachers.

     ``SEC. 4404. REQUIREMENTS.

       ``(a) Annual Report to the Secretary.--In order to continue 
     receiving funding after the first year of a multiyear grant 
     or contract under this part, the administrator of the grant 
     or contract for the local educational agency or community-
     based organization shall submit to the Secretary an annual 
     report that--
       ``(1) describes the activities conducted during the 
     preceding year; and
       ``(2) demonstrates that progress has been made toward 
     meeting State standards for physical education.
       ``(b) Administrative Expenses.--Not more than 5 percent of 
     the funds made available under this part to a local 
     educational agency or community-based organization for any 
     fiscal year may be used for administrative expenses.

     ``SEC. 4405. ADMINISTRATIVE PROVISIONS.

       ``(a) Federal Share.--The Federal share under this part may 
     not exceed--
       ``(1) 90 percent of the total cost of a program for the 
     first year for which the program receives assistance under 
     this part; and
       ``(2) 75 percent of such cost for the second and each 
     subsequent such year.
       ``(b) Proportionality.--To the extent practicable, the 
     Secretary shall ensure that grants awarded under this part 
     are equitably distributed among local educational agencies, 
     and community-based organizations, serving urban and rural 
     areas.
       ``(c) Report to Congress.--Not later than June 1, 2017, the 
     Secretary shall submit a report to Congress that--
       ``(1) describes the programs assisted under this part;
       ``(2) documents the success of such programs in improving 
     physical fitness; and
       ``(3) makes such recommendations as the Secretary 
     determines appropriate for the continuation and improvement 
     of the programs assisted under this part.
       ``(d) Availability of Funds.--Amounts made available to the 
     Secretary to carry out this part shall remain available until 
     expended.

     ``SEC. 4406. SUPPLEMENT, NOT SUPPLANT.

       ``Funds made available under this part shall be used to 
     supplement, and not supplant, any other Federal, State, or 
     local funds available for physical education activities.

     ``SEC. 4407. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for each of fiscal years 
     2016 through 2021.''.

     TITLE V--EMPOWERING PARENTS AND EXPANDING OPPORTUNITY THROUGH 
                               INNOVATION

     SEC. 5001. GENERAL PROVISIONS.

       Title V (20 U.S.C. 7201 et seq.) is amended--
       (1) by striking the title heading and inserting 
     ``EMPOWERING PARENTS AND EXPANDING OPPORTUNITY THROUGH 
     INNOVATION'';
       (2) by striking part A;
       (3) by striking subparts 2 and 3 of part B;
       (4) by striking part D;
       (5) by redesignating parts B and C as parts A and B, 
     respectively;
       (6) in part A, as redesignated by paragraph (5), by 
     striking ``Subpart 1--Charter School Programs'';
       (7) by redesignating sections 5201 through 5211 as sections 
     5101 through 5111, respectively;
       (8) by redesignating sections 5301 through 5307 as sections 
     5201 through 5207, respectively;
       (9) by striking sections 5308 and 5310; and
       (10) by redesignating sections 5309 and 5311 as sections 
     5208 and 5209, respectively.

     SEC. 5002. PUBLIC CHARTER SCHOOLS.

       Part A of title V (20 U.S.C. 7221 et seq.), as redesignated 
     by section 5001(5), is amended--
       (1) by striking sections 5101 through 5105, as redesignated 
     by section 5001(7), and inserting the following:

     ``SEC. 5101. PURPOSE.

       ``It is the purpose of this part to--
       ``(1) provide financial assistance for the planning, 
     program design, and initial implementation of charter 
     schools;
       ``(2) increase the number of high-quality charter schools 
     available to students across the United States;
       ``(3) evaluate the impact of such schools on student 
     achievement, families, and communities, and share best 
     practices among charter schools and other public schools;
       ``(4) encourage States to provide support to charter 
     schools for facilities financing in an amount more nearly 
     commensurate to the amount the States have typically provided 
     for traditional public schools;
       ``(5) expand opportunities for children with disabilities, 
     students who are English learners, and other traditionally 
     underserved students to attend charter schools and meet the 
     challenging State academic standards under section 
     1111(b)(1); and
       ``(6) support efforts to strengthen the charter school 
     authorizing process to improve performance management, 
     including transparency, monitoring, including financial 
     audits, and evaluation of such schools.

     ``SEC. 5102. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to carry out 
     a charter school program that supports charter schools that 
     serve early childhood, elementary school, and secondary 
     school students by--
       ``(1) supporting the startup of charter schools, the 
     replication of high-quality charter schools, and the 
     expansion of high-quality charter schools;
       ``(2) assisting charter schools in accessing credit to 
     acquire and renovate facilities for school use; and
       ``(3) carrying out national activities to support--
       ``(A) the startup of charter schools, the replication of 
     high-quality charter schools, and the expansion of high-
     quality charter schools;
       ``(B) the dissemination of best practices of charter 
     schools for all schools;
       ``(C) the evaluation of the impact of the charter school 
     program under this part on schools participating in such 
     program; and
       ``(D) stronger charter school authorizing.
       ``(b) Funding Allotment.--From the amount made available 
     under section 5111 for a fiscal year, the Secretary shall--

[[Page S4744]]

       ``(1) reserve 12.5 percent to support charter school 
     facilities assistance under section 5104;
       ``(2) reserve not less than 25 percent to carry out 
     national activities under section 5105; and
       ``(3) use the remaining amount after the reservations under 
     paragraphs (1) and (2) to carry out section 5103.
       ``(c) Prior Grants and Subgrants.--The recipient of a grant 
     or subgrant under this part (as such part was in effect on 
     the day before the date of enactment of the Every Child 
     Achieves Act of 2015) shall continue to receive funds in 
     accordance with the terms and conditions of such grant or 
     subgrant.

     ``SEC. 5103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.

       ``(a) State Entity Defined.--For purposes of this section, 
     the term `State entity' means--
       ``(1) a State educational agency;
       ``(2) a State charter school board;
       ``(3) a Governor of a State; or
       ``(4) a charter school support organization.
       ``(b) Program Authorized.--From the amount available under 
     section 5102(b)(3), the Secretary shall award, on a 
     competitive basis, grants to State entities having 
     applications approved under subsection (f) to enable such 
     entities to--
       ``(1) award subgrants to eligible applicants to enable such 
     eligible applicants to--
       ``(A) open new charter schools;
       ``(B) replicate high-quality charter school models; or
       ``(C) expand high-quality charter schools; and
       ``(2) provide technical assistance to eligible applicants 
     and authorized public chartering agencies in carrying out the 
     activities described in paragraph (1), and work with 
     authorized public chartering agencies in the State to improve 
     authorizing quality, including developing capacity for, and 
     conducting, fiscal oversight and auditing of charter schools.
       ``(c) State Entity Uses of Funds.--
       ``(1) In general.--A State entity receiving a grant under 
     this section shall--
       ``(A) use not less than 90 percent of the grant funds to 
     award subgrants to eligible applicants, in accordance with 
     the quality charter school program described in the State 
     entity's application pursuant to subsection (f), for the 
     purposes described in subparagraphs (A) through (C) of 
     subsection (b)(1);
       ``(B) reserve not less than 7 percent of such funds to 
     carry out the activities described in subsection (b)(2); and
       ``(C) reserve not more than 3 percent of such funds for 
     administrative costs, which may include the administrative 
     costs of providing technical assistance.
       ``(2) Contracts and grants.--A State entity may use a grant 
     received under this section to carry out the activities 
     described in paragraph (1)(B) directly or through grants, 
     contracts, or cooperative agreements.
       ``(3) Rules of construction.--
       ``(A) Use of lottery mechanisms.--Nothing in this Act shall 
     prohibit the Secretary from awarding grants to State 
     entities, or State entities from awarding subgrants to 
     eligible applicants, that use a weighted lottery, or an 
     equivalent lottery mechanism, to give better chances for 
     school admission to all or a subset of educationally 
     disadvantaged students if--
       ``(i) the use of a weighted lottery in favor of such 
     students is not prohibited by State law, and such State law 
     is consistent with the laws described in section 5110(2)(G); 
     and
       ``(ii) such weighted lottery is not used for the purpose of 
     creating schools exclusively to serve a particular subset of 
     students.
       ``(B) Students with special needs.--Nothing in this 
     paragraph shall be construed to prohibit schools from 
     specializing in providing specific services for students with 
     a demonstrated need for such services, such as students who 
     need specialized instruction in reading, spelling, or 
     writing.
       ``(d) Program Periods; Peer Review; Distribution of 
     Subgrants; Waivers.--
       ``(1) Program periods.--
       ``(A) Grants.--A grant awarded by the Secretary to a State 
     entity under this section shall be for a period of not more 
     than 3 years, and may be renewed by the Secretary for one 
     additional 2-year period.
       ``(B) Subgrants.--A subgrant awarded by a State entity 
     under this section--
       ``(i) shall be for a period of not more than 3 years, of 
     which an eligible applicant may use not more than 18 months 
     for planning and program design; and
       ``(ii) may be renewed by the State entity for one 
     additional 2-year period.
       ``(2) Peer review.--The Secretary, and each State entity 
     awarding subgrants under this section, shall use a peer-
     review process to review applications for assistance under 
     this section.
       ``(3) Distribution of subgrants.--Each State entity 
     awarding subgrants under this section shall award subgrants 
     in a manner that, to the extent practicable and applicable, 
     ensures that such subgrants--
       ``(A) prioritize eligible applicants that plan to serve a 
     significant number of students from low-income families;
       ``(B) are distributed throughout different areas, including 
     urban, suburban, and rural areas; and
       ``(C) will assist charter schools representing a variety of 
     educational approaches.
       ``(4) Waivers.--The Secretary may waive any statutory or 
     regulatory requirement over which the Secretary exercises 
     administrative authority under this Act with respect to 
     charter schools supported under this part, except any such 
     requirement relating to the elements of a charter school 
     described in section 5110(2), if--
       ``(A) the waiver is requested in an approved application 
     under this section; and
       ``(B) the Secretary determines that granting such waiver 
     will promote the purpose of this part.
       ``(e) Limitations.--
       ``(1) Grants.--A State entity may not receive more than 1 
     grant under this section at a time.
       ``(2) Subgrants.--An eligible applicant may not receive 
     more than 1 subgrant under this section for each individual 
     charter school for each grant period or renewal period, 
     unless the eligible applicant demonstrates to the State 
     entity that such individual charter school has demonstrated a 
     strong track record of positive results over the course of 
     the grant period regarding the elements described in 
     subparagraphs (A) and (D) of section 5110(8).
       ``(f) Applications.--A State entity desiring to receive a 
     grant under this section shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require. The application shall include the following:
       ``(1) Description of program.--A description of the State 
     entity's objectives in running a quality charter school 
     program under this section and how the objectives of the 
     program will be carried out, including--
       ``(A) a description of how the State entity will--
       ``(i) support the opening of new charter schools and, if 
     applicable, the replication of high-quality charter schools 
     and the expansion of high-quality charter schools, including 
     the proposed number of charter schools to be opened, 
     replicated, or expanded under the State entity's program;
       ``(ii) inform eligible charter schools, developers, and 
     authorized public chartering agencies of the availability of 
     funds under the program;
       ``(iii) work with eligible applicants to ensure that the 
     eligible applicants access all Federal funds that such 
     applicants are eligible to receive, and help the charter 
     schools supported by the applicants and the students 
     attending those charter schools--

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

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

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

       ``(v) ensure that each eligible applicant that receives a 
     subgrant under the State entity's program--

       ``(I) is opening or expanding schools that meet the 
     definition of a charter school under section 5110; and
       ``(II) is prepared to continue to operate such charter 
     schools once the subgrant funds under this section are no 
     longer available;

       ``(vi) support charter schools in local educational 
     agencies with schools that have been identified by the State 
     under section 1114(a)(1)(A);
       ``(vii) work with charter schools to promote inclusion of 
     all students and support all students upon enrollment in 
     order to promote retention of students in the school;
       ``(viii) work with charter schools on recruitment 
     practices, including efforts to engage groups that may 
     otherwise have limited opportunities to attend charter 
     schools;
       ``(ix) share best and promising practices among charter 
     schools and other public schools;
       ``(x) ensure that charter schools receiving funds under the 
     State entity's program meet the educational needs of their 
     students, including children with disabilities and students 
     who are English learners; and
       ``(xi) support efforts to increase charter school quality 
     initiatives, including meeting the quality authorizing 
     elements described in paragraph (2)(D);
       ``(B) a description of how the State will monitor and hold 
     authorized public chartering agencies accountable to ensure 
     high-quality authorizing activity, such as by establishing 
     authorizing standards and by approving, reapproving, and 
     revoking the authority of an authorized public chartering 
     agency based on the performance of the charter schools 
     authorized by such agency in the areas of student 
     achievement, student safety, financial and operational 
     management, and compliance with all applicable statutes, 
     except that nothing in this subparagraph shall be construed 
     to require a State to alter State law, policies, or 
     procedures regarding State practices for holding accountable 
     authorized public chartering agencies;
       ``(C) a description of the extent to which the State 
     entity--
       ``(i) is able to meet and carry out the priorities 
     described in subsection (g)(2);
       ``(ii) is working to develop or strengthen a cohesive 
     statewide system to support the opening of new charter 
     schools and, if applicable, the replication of high-quality 
     charter schools, and the expansion of high-quality charter 
     schools; and

[[Page S4745]]

       ``(iii) will solicit and consider input from parents and 
     other members of the community on the implementation and 
     operation of each charter school receiving funds under the 
     State entity's charter school program under this section;
       ``(D) a description of how the State entity will award 
     subgrants, on a competitive basis, including--
       ``(i) a description of the application each eligible 
     applicant desiring to receive a subgrant will be required to 
     submit, which application shall include--

       ``(I) a description of the roles and responsibilities of 
     eligible applicants, and of any charter management 
     organizations or other organizations with which the eligible 
     applicant will partner to open charter schools, including the 
     administrative and contractual roles and responsibilities of 
     such partners;
       ``(II) a description of the quality controls agreed to 
     between the eligible applicant and the authorized public 
     chartering agency involved, such as a contract or performance 
     agreement, financial audits to ensure adequate fiscal 
     oversight, how a school's performance on the State's 
     accountability system and impact on student achievement 
     (which may include student academic growth) will be one of 
     the most important factors for renewal or revocation of the 
     school's charter, and procedures to be followed in the case 
     of the closure or dissolution of a charter school;
       ``(III) a description of how the autonomy and flexibility 
     granted to a charter school is consistent with the definition 
     of a charter school in section 5110;
       ``(IV) a description of the eligible applicant's planned 
     activities and expenditures of subgrant funds for purposes of 
     opening a new charter school, replicating a high-quality 
     charter school, or expanding a high-quality charter school, 
     and how the eligible applicant will maintain fiscal 
     sustainability after the end of the subgrant period; and
       ``(V) a description of how the eligible applicant will 
     ensure that each charter school the eligible applicant 
     operates will engage parents as partners in the education of 
     their children; and

       ``(ii) a description of how the State entity will review 
     applications from eligible applicants;
       ``(E) in the case of a State entity that partners with an 
     outside organization to carry out the entity's quality 
     charter school program, in whole or in part, a description of 
     the roles and responsibilities of the partner;
       ``(F) a description of how the State entity will help the 
     charter schools receiving funds under the State entity's 
     program address the transportation needs of the schools' 
     students; and
       ``(G) a description of how the State in which the State 
     entity is located addresses charter schools in the State's 
     open meetings and open records laws.
       ``(2) Assurances.--Assurances that--
       ``(A) each charter school receiving funds through the State 
     entity's program will have a high degree of autonomy over 
     budget and operations, including autonomy over personnel 
     decisions;
       ``(B) the State entity will support charter schools in 
     meeting the educational needs of their students, as described 
     in paragraph (1)(A)(x);
       ``(C) the State entity will ensure that the authorized 
     public chartering agency of any charter school that receives 
     funds under the entity's program--
       ``(i) ensures that the charter school under the authority 
     of such agency is meeting the requirements of this Act, part 
     B of the Individuals with Disabilities Education Act, title 
     VI of the Civil Rights Act of 1964, and section 504 of the 
     Rehabilitation Act of 1973; and
       ``(ii) adequately monitors and provides adequate technical 
     assistance to each charter school under the authority of such 
     agency in recruiting, enrolling, retaining, and meeting the 
     needs of all students, including children with disabilities 
     and students who are English learners;
       ``(D) the State entity will promote quality authorizing, 
     consistent with State law, such as through providing 
     technical assistance to support each authorized public 
     chartering agency in the State to improve such agency's 
     ability to monitor the charter schools authorized by the 
     agency, including by--
       ``(i) using annual performance data, which may include 
     graduation rates and student academic growth data, as 
     appropriate, to measure a school's progress toward becoming a 
     high-quality charter school;
       ``(ii) reviewing the schools' independent, annual audits of 
     financial statements conducted in accordance with generally 
     accepted accounting principles, and ensuring that any such 
     audits are publically reported; and
       ``(iii) holding charter schools accountable to the 
     academic, financial, and operational quality controls agreed 
     to between the charter school and the authorized public 
     chartering agency involved, such as through renewal, non-
     renewal, or revocation of the school's charter; and
       ``(E) the State entity will ensure that each charter school 
     in the State makes publicly available, consistent with the 
     dissemination requirements of the annual State report card, 
     including on the website of the school, information to help 
     parents make informed decisions about the education options 
     available to their children, including information on the 
     educational program, student support services, parent 
     contract requirements (as applicable), including any 
     financial obligations or fees, enrollment criteria (as 
     applicable), and annual performance and enrollment data for 
     each of the categories of students, as defined in section 
     1111(b)(3)(A).
       ``(3) Requests for waivers.--
       ``(A) Federal statute and regulation.--A request and 
     justification for waivers of any Federal statutory or 
     regulatory provisions that the State entity believes are 
     necessary for the successful operation of the charter schools 
     that will receive funds under the entity's program under this 
     section.
       ``(B) State and local rules.--A description of any State or 
     local rules, generally applicable to public schools, that 
     will be waived, or otherwise not apply, to such schools or, 
     in the case of a State entity defined in subsection (a)(4), a 
     description of how the State entity will work with the State 
     to request necessary waivers, if applicable.
       ``(g) Selection Criteria; Priority.--
       ``(1) Selection criteria.--The Secretary shall award grants 
     to State entities under this section on the basis of the 
     quality of the applications submitted under subsection (f), 
     after taking into consideration--
       ``(A) the degree of flexibility afforded by the State's 
     public charter school law and how the State entity will work 
     to maximize the flexibility provided to charter schools under 
     such law;
       ``(B) the proposed number of new charter schools to be 
     opened, and, if applicable, the number of high-quality 
     charter schools to be replicated or expanded under the 
     program, and the number of new students to be served by such 
     schools;
       ``(C) the likelihood that the schools opened, replicated, 
     or expanded by eligible applicants receiving subgrant funds 
     will increase the academic achievement of the school's 
     students and progress toward becoming high-quality charter 
     schools;
       ``(D) the quality of the State entity's plan to--
       ``(i) monitor the eligible applicants receiving subgrants 
     under the State entity's program; and
       ``(ii) provide technical assistance and support for--

       ``(I) the eligible applicants receiving subgrants under the 
     State entity's program; and
       ``(II) quality authorizing efforts in the State; and

       ``(E) the State entity's plan to solicit and consider input 
     from parents and other members of the community on the 
     implementation and operation of the charter schools in the 
     State.
       ``(2) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to a State entity to the extent 
     that the entity meets the following criteria:
       ``(A) The State entity is located in a State that--
       ``(i) allows at least one entity that is not the local 
     educational agency to be an authorized public chartering 
     agency for each developer seeking to open a charter school in 
     the State; or
       ``(ii) in the case of a State in which local educational 
     agencies are the only authorized public chartering agencies, 
     the State has an appeals process for the denial of an 
     application for a charter school.
       ``(B) The State entity is located in a State that ensures 
     that charter schools receive equitable financing, as compared 
     to traditional public schools, in a prompt manner.
       ``(C) The State entity is located in a State that provides 
     charter schools one or more of the following:
       ``(i) Funding for facilities.
       ``(ii) Assistance with facilities acquisition.
       ``(iii) Access to public facilities.
       ``(iv) The ability to share in bonds or mill levies.
       ``(v) The right of first refusal to purchase public school 
     buildings.
       ``(vi) Low- or no-cost leasing privileges.
       ``(D) The State entity is located in a State that uses best 
     practices from charter schools to help improve struggling 
     schools and local educational agencies.
       ``(E) The State entity supports charter schools that 
     support at-risk students through activities such as dropout 
     prevention or dropout recovery.
       ``(F) The State entity ensures that each charter school has 
     a high degree of autonomy over the charter school's budget 
     and operations, including autonomy over personnel decisions.
       ``(G) The State entity has taken steps to ensure that all 
     authorizing public chartering agencies implement best 
     practices for charter school authorizing.
       ``(h) Local Uses of Funds.--An eligible applicant receiving 
     a subgrant under this section shall use such funds to carry 
     out activities related to opening a new charter school, 
     replicating a high-quality charter school, or expanding a 
     high-quality charter school, which may include--
       ``(1) supporting the acquisition, expansion, or preparation 
     of a charter school building to meet increasing enrollment 
     needs, including financing the development of a new building 
     and ensuring that a school building complies with applicable 
     statutes and regulations;
       ``(2) paying costs associated with hiring additional 
     teachers to serve additional students;
       ``(3) providing transportation to students to and from the 
     charter school;
       ``(4) providing instructional materials, implementing 
     teacher and principal or other school leader professional 
     development programs, and hiring additional nonteaching 
     staff;
       ``(5) supporting any necessary activities that assist the 
     charter school in carrying out this section, such as 
     preparing individuals to

[[Page S4746]]

     serve as members of the charter school's board; and
       ``(6) providing early childhood education programs for 
     children, including direct support to, and coordination with, 
     school- or community-based early childhood education 
     programs.
       ``(i) Reporting Requirements.--Each State entity receiving 
     a grant under this section shall submit to the Secretary, at 
     the end of the third year of the grant period and at the end 
     of any renewal period, a report that includes the following:
       ``(1) The number of students served by each subgrant 
     awarded under this section and, if applicable, the number of 
     new students served during each year of the grant period.
       ``(2) The number and amount of subgrants awarded under this 
     section to carry out each of the following:
       ``(A) The opening of new charter schools.
       ``(B) The replication of high-quality charter schools.
       ``(C) The expansion of high-quality charter schools.
       ``(3) The progress the State entity made toward meeting the 
     priorities described in subparagraphs (E) through (G) of 
     subsection (g)(2).
       ``(4) A description of--
       ``(A) how the State entity complied with, and ensured that 
     eligible applicants complied with, the assurances described 
     in the State entity's application;
       ``(B) how the State entity worked with authorized public 
     chartering agencies, and how the agencies worked with the 
     management company or leadership of the schools that receive 
     subgrant funds, if applicable; and
       ``(C) how each recipient of a subgrant under this section 
     uses the subgrant funds on early childhood education programs 
     described in subsection (h)(6), if such recipient chooses to 
     use such funds on such programs.

     ``SEC. 5104. FACILITIES FINANCING ASSISTANCE.

       ``(a) Grants to Eligible Entities.--
       ``(1) In general.--From the amount reserved under section 
     5102(b)(1), the Secretary shall use not less than 50 percent 
     to award not less than 3 grants, on a competitive basis, to 
     eligible entities that have the highest-quality applications 
     approved under subsection (d) to demonstrate innovative 
     methods of helping charter schools to address the cost of 
     acquiring, constructing, and renovating facilities by 
     enhancing the availability of loans or bond financing.
       ``(2) Eligible entity defined.--For the purposes of this 
     section, the term `eligible entity' means--
       ``(A) a public entity, such as a State or local 
     governmental entity;
       ``(B) a private nonprofit entity; or
       ``(C) a consortium of entities described in subparagraphs 
     (A) and (B).
       ``(b) Grantee Selection.--The Secretary shall evaluate each 
     application submitted under subsection (d), and shall 
     determine whether the application is sufficient to merit 
     approval.
       ``(c) Grant Characteristics.--Grants under subsection (a) 
     shall be of sufficient size, scope, and quality so as to 
     ensure an effective demonstration of an innovative means of 
     enhancing credit for the financing of charter school 
     acquisition, construction, or renovation.
       ``(d) Applications.--
       ``(1) In general.--An eligible entity desiring to receive a 
     grant under this section shall submit an application to the 
     Secretary in such form as the Secretary may reasonably 
     require.
       ``(2) Contents.--An application submitted under paragraph 
     (1) shall contain--
       ``(A) a statement identifying the activities that the 
     eligible entity proposes to carry out with funds received 
     under subsection (a), including how the eligible entity will 
     determine which charter schools will receive assistance, and 
     how much and what types of assistance charter schools will 
     receive;
       ``(B) a description of the involvement of charter schools 
     in the application's development and the design of the 
     proposed activities;
       ``(C) a description of the eligible entity's expertise in 
     capital market financing;
       ``(D) a description of how the proposed activities will 
     leverage the maximum amount of private-sector financing 
     capital relative to the amount of government funding used and 
     otherwise enhance credit available to charter schools, 
     including how the entity will offer a combination of rates 
     and terms more favorable than the rates and terms that a 
     charter school could receive without assistance from the 
     entity under this section;
       ``(E) a description of how the eligible entity possesses 
     sufficient expertise in education to evaluate the likelihood 
     of success of a charter school program for which facilities 
     financing is sought; and
       ``(F) in the case of an application submitted by a State 
     governmental entity, a description of the actions that the 
     entity has taken, or will take, to ensure that charter 
     schools within the State receive the funding that charter 
     schools need to have adequate facilities.
       ``(e) Charter School Objectives.--An eligible entity 
     receiving a grant under this section shall use the funds 
     deposited in the reserve account established under subsection 
     (f) to assist one or more charter schools to access private-
     sector capital to accomplish one or more of the following 
     objectives:
       ``(1) The acquisition (by purchase, lease, donation, or 
     otherwise) of an interest (including an interest held by a 
     third party for the benefit of a charter school) in improved 
     or unimproved real property that is necessary to commence or 
     continue the operation of a charter school.
       ``(2) The construction of new facilities, including 
     predevelopment costs, or the renovation, repair, or 
     alteration of existing facilities, necessary to commence or 
     continue the operation of a charter school.
       ``(3) The predevelopment costs that are required to assess 
     sites for purposes of paragraph (1) or (2) and that are 
     necessary to commence or continue the operation of a charter 
     school.
       ``(f) Reserve Account.--
       ``(1) Use of funds.--To assist charter schools in 
     accomplishing the objectives described in subsection (e), an 
     eligible entity receiving a grant under subsection (a) shall, 
     in accordance with State and local law, directly or 
     indirectly, alone or in collaboration with others, deposit 
     the funds received under subsection (a) (other than funds 
     used for administrative costs in accordance with subsection 
     (g)) in a reserve account established and maintained by the 
     eligible entity for this purpose. Amounts deposited in such 
     account shall be used by the eligible entity for one or more 
     of the following purposes:
       ``(A) Guaranteeing, insuring, and reinsuring bonds, notes, 
     evidences of debt, loans, and interests therein, the proceeds 
     of which are used for an objective described in subsection 
     (e).
       ``(B) Guaranteeing and insuring leases of personal and real 
     property for an objective described in such subsection.
       ``(C) Facilitating financing by identifying potential 
     lending sources, encouraging private lending, and other 
     similar activities that directly promote lending to, or for 
     the benefit of, charter schools.
       ``(D) Facilitating the issuance of bonds by charter 
     schools, or by other public entities for the benefit of 
     charter schools, by providing technical, administrative, and 
     other appropriate assistance (including the recruitment of 
     bond counsel, underwriters, and potential investors and the 
     consolidation of multiple charter school projects within a 
     single bond issue).
       ``(2) Investment.--Funds received under this section and 
     deposited in the reserve account established under paragraph 
     (1) shall be invested in obligations issued or guaranteed by 
     the United States or a State, or in other similarly low-risk 
     securities.
       ``(3) Reinvestment of earnings.--Any earnings on funds 
     received under subsection (a) shall be deposited in the 
     reserve account established under paragraph (1) and used in 
     accordance with this subsection.
       ``(g) Limitation on Administrative Costs.--An eligible 
     entity may use not more than 2.5 percent of the funds 
     received under subsection (a) for the administrative costs of 
     carrying out its responsibilities under this section 
     (excluding subsection (k)).
       ``(h) Audits and Reports.--
       ``(1) Financial record maintenance and audit.--The 
     financial records of each eligible entity receiving a grant 
     under subsection (a) shall be maintained in accordance with 
     generally accepted accounting principles and shall be subject 
     to an annual audit by an independent public accountant.
       ``(2) Reports.--
       ``(A) Grantee annual reports.--Each eligible entity 
     receiving a grant under subsection (a) annually shall submit 
     to the Secretary a report of the entity's operations and 
     activities under this section.
       ``(B) Contents.--Each annual report submitted under 
     subparagraph (A) shall include--
       ``(i) a copy of the most recent financial statements, and 
     any accompanying opinion on such statements, prepared by the 
     independent public accountant reviewing the financial records 
     of the eligible entity;
       ``(ii) a copy of any report made on an audit of the 
     financial records of the eligible entity that was conducted 
     under paragraph (1) during the reporting period;
       ``(iii) an evaluation by the eligible entity of the 
     effectiveness of its use of the Federal funds provided under 
     subsection (a) in leveraging private funds;
       ``(iv) a listing and description of the charter schools 
     served during the reporting period, including the amount of 
     funds used by each school, the type of project facilitated by 
     the grant, and the type of assistance provided to the charter 
     schools;
       ``(v) a description of the activities carried out by the 
     eligible entity to assist charter schools in meeting the 
     objectives set forth in subsection (e); and
       ``(vi) a description of the characteristics of lenders and 
     other financial institutions participating in the activities 
     carried out by the eligible entity under this section 
     (excluding subsection (k)) during the reporting period.
       ``(C) Secretarial report.--The Secretary shall review the 
     reports submitted under subparagraph (A) and shall provide a 
     comprehensive annual report to Congress on the activities 
     conducted under this section (excluding subsection (k)).
       ``(i) No Full Faith and Credit for Grantee Obligation.--No 
     financial obligation of an eligible entity entered into 
     pursuant to this section (such as an obligation under a 
     guarantee, bond, note, evidence of debt, or loan) shall be an 
     obligation of, or guaranteed in any respect by, the United 
     States. The full faith and credit of the United States is not 
     pledged to the payment of funds that may be required to be 
     paid under any obligation made by an eligible entity pursuant 
     to any provision of this section.
       ``(j) Recovery of Funds.--

[[Page S4747]]

       ``(1) In general.--The Secretary, in accordance with 
     chapter 37 of title 31, United States Code, shall collect--
       ``(A) all of the funds in a reserve account established by 
     an eligible entity under subsection (f)(1) if the Secretary 
     determines, not earlier than 2 years after the date on which 
     the eligible entity first received funds under this section 
     (excluding subsection (k)), that the eligible entity has 
     failed to make substantial progress in carrying out the 
     purposes described in subsection (f)(1); or
       ``(B) all or a portion of the funds in a reserve account 
     established by an eligible entity under subsection (f)(1) if 
     the Secretary determines that the eligible entity has 
     permanently ceased to use all or a portion of the funds in 
     such account to accomplish any purpose described in such 
     subsection.
       ``(2) Exercise of authority.--The Secretary shall not 
     exercise the authority provided in paragraph (1) to collect 
     from any eligible entity any funds that are being properly 
     used to achieve one or more of the purposes described in 
     subsection (f)(1).
       ``(3) Construction.--This subsection shall not be construed 
     to impair or affect the authority of the Secretary to recover 
     funds under part D of the General Education Provisions Act.
       ``(k) Per-Pupil Facilities Aid Program.--
       ``(1) Definition of per-pupil facilities aid program.--In 
     this subsection, the term `per-pupil facilities aid program' 
     means a program in which a State makes payments, on a per-
     pupil basis, to charter schools to provide the schools with 
     financing--
       ``(A) that is dedicated solely to funding charter school 
     facilities; or
       ``(B) a portion of which is dedicated for funding charter 
     school facilities.
       ``(2) Grants.--
       ``(A) In general.--From the amount reserved under section 
     5102(b)(1) and remaining after the Secretary makes grants 
     under subsection (a), the Secretary shall make grants, on a 
     competitive basis, to States to pay for the Federal share of 
     the cost of establishing or enhancing, and administering, 
     per-pupil facilities aid programs.
       ``(B) Period.--The Secretary shall award grants under this 
     subsection for periods of not more than 5 years.
       ``(C) Federal share.--The Federal share of the cost 
     described in subparagraph (A) for a per-pupil facilities aid 
     program shall be not more than--
       ``(i) 90 percent of the cost, for the first fiscal year for 
     which the program receives assistance under this subsection;
       ``(ii) 80 percent for the second such year;
       ``(iii) 60 percent for the third such year;
       ``(iv) 40 percent for the fourth such year; and
       ``(v) 20 percent for the fifth such year.
       ``(D) State share.--A State receiving a grant under this 
     subsection may partner with 1 or more organizations, and such 
     organizations may provide not more than 50 percent of the 
     State share of the cost of establishing or enhancing, and 
     administering, the per-pupil facilities aid program.
       ``(E) Multiple grants.--A State may receive more than 1 
     grant under this subsection, so long as the amount of such 
     grant funds provided to charter schools increases with each 
     successive grant.
       ``(3) Use of funds.--
       ``(A) In general.--A State that receives a grant under this 
     subsection shall use the funds made available through the 
     grant to establish or enhance, and administer, a per-pupil 
     facilities aid program for charter schools in the State of 
     the applicant.
       ``(B) Evaluations; technical assistance; dissemination.--
     From the amount made available to a State through a grant 
     under this subsection for a fiscal year, the State may 
     reserve not more than 5 percent to carry out evaluations, to 
     provide technical assistance, and to disseminate information.
       ``(C) Supplement, not supplant.--In accordance with the 
     method of determination described in section 1117, funds made 
     available under this subsection shall be used to supplement, 
     and not supplant, State and local public funds expended to 
     provide per-pupil facilities aid programs, operations 
     financing programs, or other programs, for charter schools.
       ``(4) Requirements.--
       ``(A) Voluntary participation.--No State may be required to 
     participate in a program carried out under this subsection.
       ``(B) State law.--
       ``(i) In general.--To be eligible to receive a grant under 
     this subsection, a State shall establish or enhance, and 
     administer, a per-pupil facilities aid program for charter 
     schools in the State, that--

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

       ``(ii) Special rule.--A State that is required under State 
     law to provide its charter schools with access to adequate 
     facility space may be eligible to receive a grant under this 
     subsection if the State agrees to use the funds to develop a 
     per-pupil facilities aid program consistent with the 
     requirements of this subsection.
       ``(5) Applications.--To be eligible to receive a grant 
     under this subsection, a State shall submit an application to 
     the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require.

     ``SEC. 5105. NATIONAL ACTIVITIES.

       ``(a) In General.--From the amount reserved under section 
     5102(b)(2), the Secretary shall--
       ``(1) use not less than 80 percent of such funds to award 
     grants in accordance with subsection (b); and
       ``(2) use the remainder of such funds to--
       ``(A) disseminate technical assistance to State entities in 
     awarding subgrants under section 5103(b)(1)(A);
       ``(B) disseminate best practices regarding public charter 
     schools;
       ``(C) evaluate the impact of the charter school program 
     carried out under this part, including the impact on student 
     achievement; and
       ``(D) award grants, on a competitive basis, for the purpose 
     of carrying out the activities described in section 5103(h), 
     to eligible applicants that desire to open a charter school, 
     replicate a high-quality charter school, or expand a high-
     quality charter school in--
       ``(i) a State that did not apply for a grant under section 
     5103; or
       ``(ii) a State that did not receive a grant under section 
     5103.
       ``(b) Grants for the Replication and Expansion of High-
     quality Charter Schools.--The Secretary shall make grants, on 
     a competitive basis, to eligible entities having applications 
     approved under paragraph (2) to enable such entities to 
     replicate a high-quality charter school or expand a high-
     quality charter school.
       ``(1) Definition of eligible entity.--For purposes of this 
     subsection, the term `eligible entity' means--
       ``(A) a charter management organization that, at the time 
     of the application, operates or manages one or more high-
     quality charter schools; or
       ``(B) a nonprofit organization that oversees and 
     coordinates the activities of a group of such charter 
     management organizations.
       ``(2) Application requirements.--An eligible entity 
     desiring to receive a grant under this subsection shall 
     submit an application to the Secretary at such time and in 
     such manner as the Secretary may require. The application 
     shall include the following:
       ``(A) A description of the eligible entity's objectives for 
     implementing a high-quality charter school program with 
     funding under this subsection, including a description of the 
     proposed number of high-quality charter schools to be 
     replicated or expanded with funding under this subsection.
       ``(B) A description of the educational program that the 
     eligible entity will implement in the charter schools that 
     the eligible entity proposes to replicate or expand, 
     including information on how the program will enable all 
     students to meet the challenging State academic standards 
     under section 1111(b)(1), the grade levels or ages of 
     students who will be served, and the instructional practices 
     that will be used.
       ``(C) A multi-year financial and operating model for the 
     eligible entity, including a description of how the operation 
     of the charter schools to be replicated or expanded will be 
     sustained after the grant under this subsection has ended.
       ``(D) A description of how the eligible entity will inform 
     all students in the community, including children with 
     disabilities, students who are English learners, and other 
     educationally disadvantaged students, about the charter 
     schools to be replicated or expanded with funding under this 
     subsection.
       ``(E) For each charter school currently operated or managed 
     by the eligible entity--
       ``(i) student assessment results for all students and for 
     each category of students described in section 
     1111(b)(2)(B)(xi); and
       ``(ii) attendance and student retention rates for the most 
     recently completed school year and, if applicable, the most 
     recent available 4-year adjusted cohort graduation rates and 
     extended-year adjusted cohort graduation rates (as such rates 
     were calculated on the day before enactment of the Every 
     Child Achieves Act of 2015).
       ``(F) Information on any significant compliance issues 
     encountered, within the last 3 years, by any school operated 
     or managed by the eligible entity, including in the areas of 
     student safety and financial management.
       ``(G) A request and justification for any waivers of 
     Federal statutory or regulatory requirements that the 
     eligible entity believes are necessary for the successful 
     operation of the charter schools to be replicated or expanded 
     with funding under this subsection.
       ``(3) Selection criteria.--The Secretary shall select 
     eligible entities to receive grants under this subsection, on 
     the basis of the quality of the applications submitted under 
     paragraph (2), after taking into consideration such factors 
     as--
       ``(A) the degree to which the eligible entity has 
     demonstrated success in increasing academic achievement and 
     attainment for all students attending the charter schools the 
     eligible entity operates or manages;
       ``(B) the degree to which the eligible entity has 
     demonstrated success in increasing academic achievement and 
     attainment for each of the categories of students, as defined 
     in section 1111(b)(3)(A);
       ``(C) the quality of the eligible entity's financial and 
     operating model as described under paragraph (2)(C), 
     including the quality of the eligible entity's plan for 
     sustaining the operation of the charter schools to be 
     replicated or expanded after the grant under this subsection 
     has ended;
       ``(D) a determination that the eligible entity has not 
     operated or managed a significant proportion of charter 
     schools that--
       ``(i) have been closed;
       ``(ii) have had a school charter revoked due to problems 
     with statutory or regulatory compliance; or

[[Page S4748]]

       ``(iii) have had the school's affiliation with the eligible 
     entity revoked; and
       ``(E) a determination that the eligible entity has not 
     experienced significant problems with statutory or regulatory 
     compliance that could lead to the revocation of a school's 
     charter.
       ``(4) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to eligible entities that 
     operate or manage charter schools that, in the aggregate, 
     serve students at least 60 percent of whom are eligible for a 
     free or reduced price lunch under the Richard B. Russell 
     National School Lunch Act.
       ``(5) Terms and conditions.--Except as otherwise provided 
     in this subsection, grants awarded under subsection (a)(2)(D) 
     and this subsection shall have the same terms and conditions 
     as grants awarded to State entities under section 5103.'';
       (2) in section 5106 (20 U.S.C. 7221e), as redesignated by 
     section 5001(7), by adding at the end the following:
       ``(c) New or Significantly Expanding Charter Schools.--For 
     purposes of implementing the hold harmless protections in 
     sections 1122(c) and 1125A(g)(3) for a newly opened or 
     significantly expanded charter school under subsection (a), a 
     State educational agency shall calculate a hold-harmless base 
     for the prior year that, as applicable, reflects the new or 
     significantly expanded enrollment of the charter school.'';
       (3) in section 5108 (20 U.S.C. 7221g), as redesignated by 
     section 5001(7), by inserting ``as quickly as possible and'' 
     before ``to the extent practicable'';
       (4) in section 5110 (20 U.S.C. 7221i), as redesignated by 
     section 5001(7)--
       (A) by redesignating paragraphs (1), (2), and (3) as 
     paragraphs (2), (5), and (6), respectively;
       (B) by redesignating paragraph (4) as paragraph (1), and 
     moving such paragraph so as to precede paragraph (2), as 
     redesignated by subparagraph (A);
       (C) in paragraph (2), as redesignated by subparagraph (A)--
       (i) in subparagraph (G), by striking ``, and part B'' and 
     inserting ``, the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12101 et seq.), section 444 of the General Education 
     Provisions Act (20 U.S.C. 1232g) (commonly referred to as the 
     `Family Educational Rights and Privacy Act of 1974'), and 
     part B'';
       (ii) by striking subparagraph (H) and inserting the 
     following:
       ``(H) is a school to which parents choose to send their 
     children, and that--
       ``(i) admits students on the basis of a lottery, if more 
     students apply for admission than can be accommodated; or
       ``(ii) in the case of a school that has an affiliated 
     charter school (such as a school that is part of the same 
     network of schools), automatically enrolls students who are 
     enrolled in the immediate prior grade level of the affiliated 
     charter school and, for any additional student openings or 
     student openings created through regular attrition in student 
     enrollment in the affiliated charter school and the enrolling 
     school, admits students on the basis of a lottery as 
     described in clause (i);'';
       (iii) by striking subparagraph (I) and inserting the 
     following:
       ``(I) agrees to comply with the same Federal and State 
     audit requirements as do other elementary schools and 
     secondary schools in the State, unless such State audit 
     requirements are waived by the State;'';
       (iv) in subparagraph (K), by striking ``and'' at the end;
       (v) in subparagraph (L), by striking the period at the end 
     and inserting ``; and''; and
       (vi) by adding at the end the following:

       ``(M) may serve students in early childhood education 
     programs or postsecondary students.'';

       (D) by inserting after paragraph (2), as redesignated by 
     subparagraph (A), the following:
       ``(3) Charter management organization.--The term `charter 
     management organization' means a nonprofit organization that 
     operates or manages multiple charter schools by centralizing 
     or sharing certain functions or resources.
       ``(4) Charter school support organization.--The term 
     `charter school support organization' means a nonprofit, 
     nongovernmental entity that is not an authorized public 
     chartering agency and provides, on a statewide basis--
       ``(A) assistance to developers during the planning, program 
     design, and initial implementation of a charter school; and
       ``(B) technical assistance to operating charter schools.'';
       (E) in paragraph (6)(B), as redesignated by subparagraph 
     (A), by striking ``under section 5203(d)(3)''; and
       (F) by adding at the end the following:
       ``(7) Expansion of a high-quality charter school.--The term 
     `expansion of a high-quality charter school' means increasing 
     the enrollment at a high-quality charter school by not less 
     than 50 percent or adding 2 or more grades to a high-quality 
     charter school.
       ``(8) High-quality charter school.--The term `high-quality 
     charter school' means a charter school that--
       ``(A) shows evidence of strong academic results, which may 
     include strong student academic growth, as determined by a 
     State;
       ``(B) has no significant issues in the areas of student 
     safety, financial and operational management, or statutory or 
     regulatory compliance;
       ``(C) has demonstrated success in significantly increasing 
     student academic achievement, including graduation rates 
     where applicable, for all students served by the charter 
     school; and
       ``(D) has demonstrated success in increasing student 
     academic achievement, including graduation rates where 
     applicable, for each of the categories of students, as 
     defined in section 1111(b)(3)(A), except that such 
     demonstration is not required in a case in which the number 
     of students in a group is insufficient to yield statistically 
     reliable information or the results would reveal personally 
     identifiable information about an individual student.
       ``(9) Replication of a high-quality charter school.--The 
     term `replication of a high-quality charter school' means the 
     opening of a charter school--
       ``(A) under an existing charter or an additional charter, 
     if permitted by State law;
       ``(B) based on the model of a high-quality charter school; 
     and
       ``(C) that will be operated or managed by the same 
     nonprofit organization that operates or manages such high-
     quality charter school under an existing charter.''; and
       (5) by striking section 5111 (20 U.S.C. 7221j), as 
     redesignated by section 5001(7), and inserting the following:

     ``SEC. 5111. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for each of fiscal years 
     2016 through 2021.''.

     SEC. 5003. MAGNET SCHOOLS ASSISTANCE.

       Part B of title V (20 U.S.C. 7231 et seq.), as redesignated 
     by section 5001(5), is amended--
       (1) in section 5201(b), as redesignated by section 
     5001(8)--
       (A) in paragraph (1)--
       (i) by inserting ``and the increase of socioeconomic 
     integration'' before ``in elementary schools and secondary 
     schools''; and
       (ii) by inserting ``low-income and'' before ``minority 
     students'';
       (B) in paragraph (2)--
       (i) by striking ``and implementation'' and inserting ``, 
     implementation, and expansion''; and
       (ii) by striking ``content standards and student academic 
     achievement standards'' and inserting ``standards under 
     section 1111(b)(1)'';
       (C) in paragraph (3), by striking ``and design'' and 
     inserting ``, design, and expansion'';
       (D) in paragraph (4), by striking ``vocational'' and 
     inserting ``career''; and
       (E) in paragraph (6), by striking ``productive employment'' 
     and inserting ``to enter into the workforce without the need 
     for postsecondary education'';
       (2) in section 5202, as redesignated by section 5001(8), by 
     striking ``backgrounds'' and inserting ``, ethnic, and 
     socioeconomic backgrounds'';
       (3) in section 5205(b), as redesignated by section 
     5001(8)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by inserting ``any available 
     evidence on'' before ``how the proposed magnet school 
     programs'';
       (ii) in subparagraph (B), by inserting ``, including any 
     evidence available to support such description'' before the 
     semicolon;
       (iii) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (iv) by inserting after subparagraph (C) the following:
       ``(D) how the applicant will assess, monitor, and evaluate 
     the impact of the activities funded under this part on 
     student achievement and integration;''; and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``will'';
       (ii) in subparagraph (A)--

       (I) by inserting ``will'' before ``use grant funds''; and
       (II) by striking ``section 5301(b)'' and inserting 
     ``section 5201(b)'';

       (iii) in subparagraph (B), by striking ``employ highly 
     qualified'' and inserting ``will employ effective'';
       (iv) in subparagraph (C), by striking ``not engage in'' and 
     inserting ``is not currently engaging in and will not engage 
     in'';
       (v) in subparagraph (D), by inserting ``will'' before carry 
     out; and
       (vi) in subparagraph (E), by inserting ``will'' before 
     ``give students'';
       (4) in section 5206, as redesignated by section 5001(8), by 
     striking paragraph (2) and inserting the following:
       ``(2) propose to--
       ``(A) carry out a new, evidence-based magnet school 
     program;
       ``(B) significantly revise an existing magnet school 
     program, using evidence-based methods and practices, as 
     available; or
       ``(C) expand an existing magnet school program that has a 
     demonstrated record of success in increasing student academic 
     achievement, reducing isolation of minority groups, and 
     increasing socioeconomic integration; and'';
       (5) in section 5207, as redesignated by section 5001(8)--
       (A) in subsection (a)--
       (i) in paragraph (3), by striking ``who are highly 
     qualified'';
       (ii) in paragraph (6), by striking ``and'' at the end;
       (iii) in paragraph (7), by striking the period and 
     inserting ``; and''; and
       (iv) by adding at the end the following:

[[Page S4749]]

       ``(8) to enable the local educational agency, or consortium 
     of such agencies, or other organizations partnered with such 
     agency or consortium, to establish, expand, or strengthen 
     inter-district and regional magnet programs.''; and
       (B) in subsection (b), by striking ``the State's 
     challenging academic content'' and all that follows through 
     the period and inserting ``the challenging State academic 
     standards under section 1111(b)(1) or are directly related to 
     improving student academic, career, or technological skills 
     and professional skills.'';
       (6) in section 5208, as redesignated by section 5001(10)--
       (A) in subsection (a), by striking ``for a period'' and all 
     that follows through the period and inserting ``for an 
     initial period of not more than 3 fiscal years, and may be 
     renewed for not more than an additional 2 years if the 
     Secretary finds that the recipient of a grant under this part 
     is achieving the intended outcomes of the grant and shows 
     improvement in increasing student academic achievement, 
     reducing minority group isolation, and increasing 
     socioeconomic integration, or other indicators of success 
     established by the Secretary.''; and
       (B) in subsection (d), by striking ``July'' and inserting 
     ``June''; and
       (7) in section 5209, as redesignated by section 5001(10)--
       (A) in subsection (a), by striking ``$125,000,000'' and all 
     that follows through the period and inserting ``such sums as 
     may be necessary for each of fiscal years 2016 through 
     2021.'';
       (B) by redesignating subsection (b) as subsection (c); and
       (C) by inserting after subsection (a) the following:
       ``(b) Reservation for Technical Assistance.--The Secretary 
     may reserve not more than 1 percent of the funds appropriated 
     under subsection (a) for any fiscal year to provide technical 
     assistance and carry out dissemination projects with respect 
     to magnet school programs assisted under this part.''.

     SEC. 5004. SUPPORTING HIGH-ABILITY LEARNERS AND LEARNING.

       Title V (20 U.S.C. 7201 et seq.), as amended by section 
     5001, is further amended by inserting after part B the 
     following:

        ``PART C--SUPPORTING HIGH-ABILITY LEARNERS AND LEARNING

     ``SEC. 5301. SHORT TITLE.

       ``This part may be cited as the `Jacob K. Javits Gifted and 
     Talented Students Education Act of 2015'.

     ``SEC. 5302. PURPOSE.

       ``The purpose of this part is to initiate a coordinated 
     program of evidence-based research, demonstration projects, 
     innovative strategies, and similar activities designed to 
     build and enhance the ability of elementary schools and 
     secondary schools nationwide to meet the special educational 
     needs of gifted and talented students.

     ``SEC. 5303. RULE OF CONSTRUCTION.

       ``Nothing in this part shall be construed to prohibit a 
     recipient of funds under this part from serving gifted and 
     talented students simultaneously with students with similar 
     educational needs, in the same educational settings, where 
     appropriate.

     ``SEC. 5304. AUTHORIZED PROGRAMS.

       ``(a) Establishment of Program.--
       ``(1) In general.--The Secretary (after consultation with 
     experts in the field of the education of gifted and talented 
     students) is authorized to make grants to, or enter into 
     contracts with, State educational agencies, local educational 
     agencies, institutions of higher education, other public 
     agencies, and other private agencies and organizations to 
     assist such agencies, institutions, and organizations in 
     carrying out programs or projects authorized by this part 
     that are designed to meet the educational needs of gifted and 
     talented students, including the training of personnel in the 
     education of gifted and talented students and in the use, 
     where appropriate, of gifted and talented services, 
     materials, and methods for all students.
       ``(2) Application.--Each entity seeking assistance under 
     this part shall submit an application to the Secretary at 
     such time, in such manner, and containing such information as 
     the Secretary may reasonably require. Each such application 
     shall describe how--
       ``(A) the proposed gifted and talented services, materials, 
     and methods can be adapted, if appropriate, for use by all 
     students; and
       ``(B) the proposed programs can be evaluated.
       ``(b) Use of Funds.--Programs and projects assisted under 
     this section may include each of the following:
       ``(1) Conducting evidence-based research on methods and 
     techniques for identifying and teaching gifted and talented 
     students and for using gifted and talented programs and 
     methods to serve all students.
       ``(2) Establishing and operating model projects and 
     exemplary programs for serving gifted and talented students, 
     including innovative methods for identifying and educating 
     students who may not be served by traditional gifted and 
     talented programs (such as summer programs, mentoring 
     programs, service learning programs, and cooperative programs 
     involving business, industry, and education).
       ``(3) Implementing innovative strategies, such as 
     cooperative learning, peer tutoring, and service learning.
       ``(4) Carrying out programs of technical assistance and 
     information dissemination, including assistance and 
     information with respect to how gifted and talented programs 
     and methods, where appropriate, may be adapted for use by all 
     students.
       ``(c) Special Rule.--To the extent that the amount of funds 
     appropriated to carry out this part for a fiscal year 
     beginning with fiscal year 2016 exceed the amount of 
     $7,500,000, the Secretary shall use such excess funds to 
     award grants, on a competitive basis, to State educational 
     agencies, local educational agencies, or both, to implement 
     activities described in subsection (b).
       ``(d) Center for Research and Development.--
       ``(1) In general.--The Secretary (after consultation with 
     experts in the field of the education of gifted and talented 
     students) shall establish a National Research Center for the 
     Education of Gifted and Talented Children and Youth through 
     grants to, or contracts with, one or more institutions of 
     higher education or State educational agencies, or a 
     combination or consortium of such institutions and agencies 
     and other public or private agencies and organizations, for 
     the purpose of carrying out activities described in 
     subsection (b).
       ``(2) Director.--The National Center shall be headed by a 
     Director. The Secretary may authorize the Director to carry 
     out such functions of the National Center as may be agreed 
     upon through arrangements with institutions of higher 
     education, State educational agencies, local educational 
     agencies, or other public or private agencies and 
     organizations.
       ``(3) Funding.--For each fiscal year, the Secretary may use 
     not more than $2,250,000 to carry out this subsection.
       ``(e) Coordination.--Evidence-based activities supported 
     under this part--
       ``(1) shall be carried out in consultation with the 
     Institute of Education Sciences to ensure that such 
     activities are coordinated with and enhance the research and 
     development activities supported by the Institute; and
       ``(2) may include collaborative evidence-based activities 
     which are jointly funded and carried out with such Institute.

     ``SEC. 5305. PROGRAM PRIORITIES.

       ``(a) General Priority.--In carrying out this part, the 
     Secretary shall give highest priority to programs and 
     projects designed to develop new information that--
       ``(1) improves the capability of schools to plan, conduct, 
     and improve programs to identify and serve gifted and 
     talented students; and
       ``(2) assists schools in the identification of, and 
     provision of services to, gifted and talented students 
     (including economically disadvantaged individuals, 
     individuals who are English learners, and children with 
     disabilities) who may not be identified and served through 
     traditional assessment methods.
       ``(b) Service Priority.--The Secretary shall ensure that 
     not less than 50 percent of the applications approved under 
     section 5304(a)(2) in a fiscal year address the priority 
     described in subsection (a)(2).

     ``SEC. 5306. GENERAL PROVISIONS.

       ``(a) Participation of Private School Children and 
     Teachers.--In making grants and entering into contracts under 
     this part, the Secretary shall ensure, where appropriate, 
     that provision is made for the equitable participation of 
     students and teachers in private nonprofit elementary schools 
     and secondary schools, including the participation of 
     teachers and other personnel in professional development 
     programs serving such students.
       ``(b) Review, Dissemination, and Evaluation.--The Secretary 
     shall--
       ``(1) use a peer-review process in reviewing applications 
     under this part;
       ``(2) ensure that information on the activities and results 
     of programs and projects funded under this part is 
     disseminated to appropriate State educational agencies, local 
     educational agencies, and other appropriate organizations, 
     including nonprofit private organizations; and
       ``(3) evaluate the effectiveness of programs under this 
     part in accordance with section 9601, in terms of the impact 
     on students traditionally served in separate gifted and 
     talented programs and on other students, and submit the 
     results of such evaluation to Congress not later than 2 years 
     after the date of enactment of the Every Child Achieves Act 
     of 2015.
       ``(c) Program Operations.--The Secretary shall ensure that 
     the programs under this part are administered within the 
     Department by a person who has recognized professional 
     qualifications and experience in the field of the education 
     of gifted and talented students and who shall--
       ``(1) administer and coordinate the programs authorized 
     under this part;
       ``(2) serve as a focal point of national leadership and 
     information on the educational needs of gifted and talented 
     students and the availability of educational services and 
     programs designed to meet such needs;
       ``(3) assist the Director of the Institute of Education 
     Sciences in identifying research priorities that reflect the 
     needs of gifted and talented students; and
       ``(4) disseminate, and consult on, the information 
     developed under this part with other offices within the 
     Department.

     ``SEC. 5307. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be

[[Page S4750]]

     necessary for each of fiscal years 2016 through 2021.''.

     SEC. 5005. EDUCATION INNOVATION AND RESEARCH.

       Title V (20 U.S.C. 7201 et seq.), as amended by section 
     5001, is further amended by inserting after part C, as added 
     by section 5004, the following:

              ``PART D--EDUCATION INNOVATION AND RESEARCH

     ``SEC. 5401. GRANTS FOR EDUCATION INNOVATION AND RESEARCH.

       ``(a) Program Authorized.--From funds appropriated under 
     subsection (e), the Secretary shall make grants to eligible 
     entities for the development, implementation, replication, or 
     scaling and rigorous testing of entrepreneurial, evidence-
     based, field-initiated innovations to improve student 
     achievement and attainment for high-need students, 
     including--
       ``(1) early-phase grants to fund the development, 
     implementation, and feasibility testing of a program that 
     prior research suggests has promise, for the purpose of 
     determining whether the program can successfully improve 
     student achievement or attainment for high-need students;
       ``(2) mid-phase grants to fund implementation and a 
     rigorous evaluation of a program that has been successfully 
     implemented under an early-phase grant or other effort 
     meeting similar criteria, for the purpose of measuring the 
     program's impact and cost effectiveness, if possible using 
     existing administrative data; or
       ``(3) expansion grants to fund implementation and a 
     rigorous replication evaluation of a program that has been 
     found to produce sizable, important impacts under a mid-phase 
     grant or other effort meeting similar criteria, for the 
     purpose of determining whether such impacts can be 
     successfully reproduced and sustained over time, and 
     identifying the conditions in which the program is most 
     effective.
       ``(b) Eligible Entity.--In this section, the term `eligible 
     entity' means any of the following:
       ``(1) A local educational agency.
       ``(2) A State educational agency.
       ``(3) A consortium of State educational agencies or local 
     educational agencies.
       ``(4) A State educational agency or a local educational 
     agency, in partnership with--
       ``(A) a nonprofit organization;
       ``(B) a small business;
       ``(C) a charter management organization;
       ``(D) an educational service agency; or
       ``(E) an institution of higher education.
       ``(c) Rural Areas.--In awarding grants under subsection 
     (a), the Secretary shall ensure that not less than 25 percent 
     of the funds for any fiscal year are awarded for projects 
     that meet both of the following requirements:
       ``(1) The grantee is--
       ``(A) a local educational agency with an urban-centric 
     district locale code of 32, 33, 41, 42, or 43, as determined 
     by the Secretary;
       ``(B) a consortium of such local educational agencies; or
       ``(C) an educational service agency or a nonprofit 
     organization in partnership with such a local educational 
     agency.
       ``(2) A majority of the schools to be served by the project 
     are designated with a school locale code of 32, 33, 41, 42, 
     or 43, or a combination of such codes, as determined by the 
     Secretary.
       ``(d) Matching Funds.--In order to receive a grant under 
     subsection (a), an eligible entity shall demonstrate that the 
     eligible entity will provide matching funds in an amount 
     equal to 10 percent of the funds provided under a grant under 
     this part, except that the Secretary may waive the matching 
     funds requirement, on a case-by-case basis, upon a showing of 
     exceptional circumstances, such as--
       ``(1) the difficulty of raising matching funds for a 
     project to serve a rural area;
       ``(2) the difficulty of raising matching funds in areas 
     with a concentration of local educational agencies or schools 
     with a high percentage of students aged 5 through 17--
       ``(A) who are in poverty, as counted in the most recent 
     census data approved by the Secretary;
       ``(B) who are eligible for a free or reduced priced lunch 
     under the Richard B. Russell National School Lunch Act;
       ``(C) whose families receive assistance under the State 
     program funded under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.); or
       ``(D) who are eligible to receive medical assistance under 
     the Medicaid program; and
       ``(3) the difficulty of raising funds in designated tribal 
     areas.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for each of fiscal years 2016 
     through 2021.''.

     SEC. 5006. ACCELERATED LEARNING.

       Title V (20 U.S.C. 7201 et seq.), as amended by section 
     5001, is further amended by inserting after part D, as added 
     by section 5005, the following:

                     ``PART E--ACCELERATED LEARNING

     ``SEC. 5501. SHORT TITLE.

       ``This part may be cited as the `Accelerated Learning Act 
     of 2015'.

     ``SEC. 5502. PURPOSES.

       ``The purposes of this part are--
       ``(1) to raise student academic achievement through 
     accelerated learning programs, including Advanced Placement 
     and International Baccalaureate programs, dual or concurrent 
     enrollment programs, and early college high schools that 
     provide postsecondary-level instruction, examinations, or 
     sequences of courses that are widely accepted for credit at 
     institutions of higher education;
       ``(2) to increase the number of students attending high-
     need schools who enroll and succeed in accelerated learning 
     courses, accelerated learning examinations, dual or 
     concurrent enrollment programs, and early college high school 
     courses;
       ``(3) to support efforts by States and local educational 
     agencies to increase the availability of, and enrollment in, 
     accelerated learning courses, pre-accelerated learning 
     courses, dual or concurrent enrollment programs, and early 
     college high school courses in high-need schools; and
       ``(4) to provide high-quality professional development for 
     teachers of accelerated learning courses, pre-accelerated 
     learning courses, dual or concurrent enrollment programs, and 
     early college high school courses in high-need schools.

     ``SEC. 5503. FUNDING DISTRIBUTION RULE.

       ``From amounts appropriated under section 5508 for a fiscal 
     year, the Secretary shall give priority to funding activities 
     under section 5504 and shall distribute any remaining funds 
     under section 5505.

     ``SEC. 5504. ACCELERATED LEARNING EXAMINATION FEE PROGRAM.

       ``(a) Grants Authorized.--From amounts made available under 
     section 5503 for a fiscal year, the Secretary shall award 
     grants to State educational agencies having applications 
     approved under this section to enable the State educational 
     agencies to reimburse low-income students to cover part or 
     all of the costs of accelerated learning examination fees, if 
     the low-income students--
       ``(1) are enrolled in accelerated learning courses; and
       ``(2) plan to take accelerated learning examinations.
       ``(b) Award Basis.--In determining the amount of the grant 
     awarded to a State educational agency under this section for 
     a fiscal year, the Secretary shall consider the number of 
     children eligible to be counted under section 1124(c) in the 
     State in relation to the number of such children so counted 
     in all States.
       ``(c) Information Dissemination.--A State educational 
     agency that is awarded a grant under this section shall make 
     publicly available information regarding the availability of 
     accelerated learning examination fee payments under this 
     section, and shall disseminate such information to eligible 
     high school students and parents, including through high 
     school teachers and counselors.
       ``(d) Applications.--Each State educational agency desiring 
     to receive a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require. 
     At a minimum, each State educational agency application 
     shall--
       ``(1) describe the accelerated learning examination fees 
     the State educational agency will pay on behalf of low-income 
     students in the State from grant funds awarded under this 
     section;
       ``(2) provide an assurance that any grant funds awarded 
     under this section will be used only to pay for accelerated 
     learning examination fees; and
       ``(3) contain such information as the Secretary may require 
     to demonstrate that the State educational agency will ensure 
     that a student is eligible for payments authorized under this 
     section, including ensuring that the student is a low-income 
     student.
       ``(e) Regulations.--The Secretary shall prescribe such 
     regulations as are necessary to carry out this section.
       ``(f) Report.--
       ``(1) In general.--Each State educational agency awarded a 
     grant under this section shall, with respect to each 
     accelerated learning course subject, annually report to the 
     Secretary the following data for the preceding year:
       ``(A) The number of students in the State who are taking an 
     accelerated learning course in such subject.
       ``(B) The number of accelerated learning examinations taken 
     by students in the State who have taken an accelerated 
     learning course in such subject.
       ``(C) The number of students in the State scoring at each 
     level on accelerated learning examinations in such subject, 
     disaggregated by race, ethnicity, sex, English proficiency 
     status, and socioeconomic status.
       ``(D) Demographic information regarding students in the 
     State taking accelerated learning courses and accelerated 
     learning examinations in such subject, disaggregated by race, 
     ethnicity, sex, English proficiency status, and socioeconomic 
     status.
       ``(2) Report to congress.--The Secretary shall annually 
     compile the information received from each State educational 
     agency under paragraph (1) and report to the authorizing 
     committees of Congress regarding the information.
       ``(g) Bureau of Indian Education as State Educational 
     Agency.--For purposes of this section, the Bureau of Indian 
     Education shall be treated as a State educational agency.

     ``SEC. 5505. ACCELERATED LEARNING INCENTIVE PROGRAM GRANTS.

       ``(a) Grants Authorized.--
       ``(1) In general.--From amounts made available under 
     section 5503 for a fiscal year, the Secretary shall award 
     grants, on a competitive basis, to eligible entities to 
     enable

[[Page S4751]]

     such entities to carry out the authorized activities 
     described in subsection (e).
       ``(2) Duration, renewal, and payments.--
       ``(A) Duration.--The Secretary shall award a grant under 
     this section for a period of not more than 3 years.
       ``(B) Renewal.--The Secretary may renew a grant awarded 
     under this section for an additional period of not more than 
     2 years, if an eligible entity--
       ``(i) is achieving the objectives of the grant; and
       ``(ii) has shown improvement against baseline data on the 
     performance measures described in subparagraphs (A) through 
     (E) of subsection (g)(1).
       ``(b) Definition of Eligible Entity.--In this section, the 
     term `eligible entity' means--
       ``(1) a State educational agency;
       ``(2) a local educational agency; or
       ``(3) a partnership consisting of--
       ``(A) a national, regional, or statewide nonprofit 
     organization, with expertise and experience in providing 
     accelerated learning course services, dual or concurrent 
     enrollment programs, and early college high school courses; 
     and
       ``(B) a State educational agency or local educational 
     agency.
       ``(c) Application.--
       ``(1) In general.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(2) Contents.--The application shall, at a minimum, 
     include a description of--
       ``(A) the goals and objectives for the project supported by 
     the grant under this section, including--
       ``(i) increasing the number of teachers serving high-need 
     schools who are qualified to teach accelerated learning 
     courses, dual or concurrent enrollment programs, and early 
     college high school courses;
       ``(ii) increasing the number of accelerated learning 
     courses, dual or concurrent enrollment programs, and early 
     college high school courses that are offered at high-need 
     schools; and
       ``(iii) increasing the number of students attending a high-
     need school, particularly low-income students, who enroll and 
     succeed in--

       ``(I) accelerated learning courses;
       ``(II) if offered by the school, pre-accelerated learning 
     courses;
       ``(III) dual or concurrent enrollment programs; and
       ``(IV) early college high school courses;

       ``(B) how the eligible entity will ensure that students 
     have access to courses that will prepare them to enroll and 
     succeed in accelerated learning courses, pre-accelerated 
     learning courses, dual or concurrent enrollment programs, and 
     early college high school courses;
       ``(C) how the eligible entity will provide professional 
     development for teachers that will further the goals and 
     objectives of the grant project;
       ``(D) how the eligible entity will ensure that teachers 
     serving high-need schools are qualified to teach accelerated 
     learning courses, dual or concurrent enrollment programs, and 
     early college high school courses;
       ``(E) how the eligible entity will provide for the 
     involvement of business and community organizations and other 
     entities, including institutions of higher education, in 
     carrying out the activities described in subsection (e);
       ``(F) how the eligible entity will use funds received under 
     this section; and
       ``(G) how the eligible entity will evaluate the success of 
     the grant project.
       ``(d) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to applications from eligible 
     entities that propose to carry out activities in a local 
     educational agency that is eligible under the small rural 
     school achievement program or the rural and low-income school 
     program authorized under subpart 1 or 2 of part B of title 
     VI.
       ``(e) Authorized Activities.--Each eligible entity that 
     receives a grant under this section may use grant funds for--
       ``(1) high-quality teacher professional development, in 
     order to expand the pool of teachers in the participating 
     State, local educational agency, or high-need school who are 
     qualified to teach accelerated learning courses, dual or 
     concurrent enrollment programs, and early college high school 
     courses, including through innovative models such as online 
     academies and training institutes;
       ``(2) high-quality teacher and counselor professional 
     development to prepare students for success in accelerated 
     learning courses, dual or concurrent enrollment programs, and 
     early college high school courses;
       ``(3) coordination and articulation between grade levels to 
     prepare students to enroll and succeed in accelerated 
     learning courses, dual or concurrent enrollment programs, and 
     early college high school courses;
       ``(4) the purchase of instructional materials for 
     accelerated learning courses, dual or concurrent enrollment 
     programs, and early college high school courses;
       ``(5) activities to increase the availability of, and 
     participation in, online accelerated learning courses, dual 
     or concurrent enrollment programs, and early college high 
     school courses;
       ``(6) carrying out the requirements of subsection (g); or
       ``(7) in the case of an eligible entity described in 
     subsection (b)(1), awarding subgrants to local educational 
     agencies to enable the local educational agencies to carry 
     out authorized activities described in paragraphs (1) through 
     (6).
       ``(f) Contracts.--An eligible entity that is awarded a 
     grant to provide online courses under this section may enter 
     into a contract with an organization to provide accelerated 
     learning courses, dual or concurrent enrollment programs, and 
     early college high school courses, including contracting for 
     necessary support services.
       ``(g) Collecting and Reporting Requirements.--
       ``(1) Report.--Each eligible entity receiving a grant under 
     this section shall collect and report to the Secretary 
     annually such data regarding the results of the grant as the 
     Secretary may reasonably require, including--
       ``(A) the number of students served by the eligible entity 
     enrolling in accelerated learning courses, pre-accelerated 
     learning courses, dual or concurrent enrollment programs, and 
     early college high school courses, disaggregated by grade 
     level of the student, and the grades received by such 
     students in the courses;
       ``(B) the number of students taking an accelerated learning 
     examination and the distribution of scores on those 
     examinations, disaggregated by the grade level of the student 
     at the time of examination;
       ``(C) the number of teachers who, as of the date of the 
     report, are receiving training to teach accelerated learning 
     courses, dual or concurrent enrollment programs, and early 
     college high school courses, and will teach such courses in 
     the next school year;
       ``(D) the number of teachers becoming qualified to teach 
     accelerated learning courses, dual or concurrent enrollment 
     programs, and early college high school courses; and
       ``(E) the number of qualified teachers who are teaching 
     accelerated learning courses, dual or concurrent enrollment 
     programs, and early college high school courses in high-need 
     schools served by the eligible entity.
       ``(2) Reporting of data.--Each eligible entity receiving a 
     grant under this section shall report the data required under 
     paragraph (1)--
       ``(A) disaggregated by subject area;
       ``(B) in the case of student data, disaggregated in the 
     same manner as information is disaggregated under section 
     1111(b)(2)(B)(xi); and
       ``(C) in a manner that allows for an assessment of the 
     effectiveness of the grant program.
       ``(h) Evaluation.--The Secretary, acting through the 
     Director of the Institute of Education Sciences, shall, in 
     consultation with the relevant program office at the 
     Department, evaluate the implementation and impact of the 
     activities supported under this section, including progress 
     as measured by the performance measures established under 
     subparagraphs (A) through (E) of subsection (g)(1).
       ``(i) Matching Requirement.--
       ``(1) In general.--Each eligible entity that receives a 
     grant under this section shall provide toward the cost of the 
     activities assisted under the grant, from non-Federal 
     sources, an amount equal to 100 percent of the amount of the 
     grant, except that an eligible entity that is a high-need 
     local educational agency, as determined by the Secretary, 
     shall provide an amount equal to not more than 50 percent of 
     the amount of the grant.
       ``(2) Matching funds.--The eligible entity may provide the 
     matching funds described in paragraph (1) in cash or in kind, 
     fairly evaluated, but may not provide more than 50 percent of 
     the matching funds in kind. The eligible entity may provide 
     the matching funds from State, local, or private sources.
       ``(3) Waiver.--The Secretary may waive all or part of the 
     matching requirement described in paragraph (1) for any 
     fiscal year for an eligible entity if the Secretary 
     determines that applying the matching requirement to such 
     eligible entity would result in serious hardship or an 
     inability to carry out the authorized activities described in 
     subsection (e).

     ``SEC. 5506. SUPPLEMENT, NOT SUPPLANT.

       ``Grant funds provided under this part shall supplement, 
     and not supplant, other non-Federal funds that are available 
     to assist low-income students to pay for the cost of 
     accelerated learning fees or to expand access to accelerated 
     learning and pre-accelerated learning courses.

     ``SEC. 5507. DEFINITIONS.

       ``In this part:
       ``(1) Accelerated learning course.--The term `accelerated 
     learning course' means--
       ``(A) a course of postsecondary-level instruction provided 
     to middle or high school students, terminating in an Advanced 
     Placement or International Baccalaureate examination; or
       ``(B) another highly rigorous, evidence-based, 
     postsecondary preparatory program terminating in--
       ``(i) an examination or sequence of courses that are widely 
     accepted for credit at institutions of higher education; or
       ``(ii) another examination or sequence of courses approved 
     by the Secretary.
       ``(2) Accelerated learning examination.--The term 
     `accelerated learning examination' means an Advanced 
     Placement examination administered by the College Board, an 
     International Baccalaureate examination administered by the 
     International Baccalaureate, an examination that is widely 
     accepted for college credit, or another such examination 
     approved by the Secretary.

[[Page S4752]]

       ``(3) High-need school.--The term `high-need school' means 
     a high school--
       ``(A) with a demonstrated need for Advanced Placement or 
     International Baccalaureate courses, dual or concurrent 
     enrollment programs, or early college high school courses; 
     and
       ``(B) that--
       ``(i) has a high concentration of low-income students; or
       ``(ii) is a local educational agency that is eligible, as 
     determined by the Secretary, under the small, rural school 
     achievement program, or the rural and low-income school 
     program, authorized under subpart 1 or 2 of part B of title 
     VI.
       ``(4) Low-income student.--The term `low-income student' 
     means a student who is eligible for a free or reduced price 
     lunch under the school lunch program established under the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 1751 
     et seq.).

     ``SEC. 5508. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for each of fiscal years 
     2016 through 2021.''.

     SEC. 5007. READY-TO-LEARN TELEVISION.

       Title V (20 U.S.C. 7201 et seq.), as amended by section 
     5001, is further amended by inserting after part E, as added 
     by section 5006, the following:

                  ``PART F--READY-TO-LEARN TELEVISION

     ``SEC. 5601. READY-TO-LEARN.

       ``(a) Program Authorized; Ready-To-Learn.--
       ``(1) In general.--The Secretary is authorized to award 
     grants to, or enter into contracts or cooperative agreements 
     with, eligible entities described in paragraph (3) to enable 
     such entities--
       ``(A) to develop, produce, and distribute educational and 
     instructional video programming for preschool and elementary 
     school children and their parents in order to facilitate 
     student academic achievement;
       ``(B) to facilitate the development, directly or through 
     contracts with producers of children's and family educational 
     television programming, of educational programming for 
     preschool and elementary school children, and the 
     accompanying support materials and services that promote the 
     effective use of such programming;
       ``(C) to facilitate the development of programming and 
     digital content containing Ready-to-Learn-based children's 
     programming and resources for parents and caregivers that is 
     specially designed for nationwide distribution over public 
     television stations' digital broadcasting channels and the 
     Internet;
       ``(D) to contract with entities (such as public 
     telecommunications entities) so that programs developed under 
     this section are disseminated and distributed to the widest 
     possible audience appropriate to be served by the 
     programming, and through the use of the most appropriate 
     distribution technologies; and
       ``(E) to develop and disseminate education and training 
     materials, including interactive programs and programs 
     adaptable to distance learning technologies, that are 
     designed--
       ``(i) to promote school readiness; and
       ``(ii) to promote the effective use of materials developed 
     under subparagraphs (B) and (C) among parents, teachers, Head 
     Start providers, providers of family literacy services, child 
     care providers, early childhood development personnel, 
     elementary school teachers, public libraries, and after-
     school program personnel caring for preschool and elementary 
     school children.
       ``(2) Availability.--In awarding or entering into grants, 
     contracts, or cooperative agreements under this section, the 
     Secretary shall ensure that eligible entities make 
     programming widely available, with support materials as 
     appropriate, to young children, parents, child care workers, 
     Head Start providers, and providers of family literacy 
     services to increase the effective use of such programming.
       ``(3) Eligible entities.--To be eligible to receive a 
     grant, contract, or cooperative agreement under this section, 
     an entity shall be a public telecommunications entity that is 
     able to demonstrate each of the following:
       ``(A) A capacity for the development and national 
     distribution of educational and instructional television 
     programming of high quality that is accessible by a large 
     majority of disadvantaged preschool and elementary school 
     children.
       ``(B) A capacity to contract with the producers of 
     children's television programming for the purpose of 
     developing educational television programming of high 
     quality.
       ``(C) A capacity, consistent with the entity's mission and 
     nonprofit nature, to negotiate such contracts in a manner 
     that returns to the entity an appropriate share of any 
     ancillary income from sales of any program-related products.
       ``(D) A capacity to localize programming and materials to 
     meet specific State and local needs and to provide 
     educational outreach at the local level.
       ``(4) Coordination of activities.--An entity receiving a 
     grant, contract, or cooperative agreement under this section 
     shall consult with the Secretary and the Secretary of Health 
     and Human Services--
       ``(A) to maximize the utilization of quality educational 
     programming by preschool and elementary school children, and 
     make such programming widely available to federally funded 
     programs serving such populations; and
       ``(B) to coordinate activities with Federal programs that 
     have major training components for early childhood 
     development, including programs under the Head Start Act (42 
     U.S.C. 9831 et seq.) and State training activities funded 
     under the Child Care and Development Block Grant Act of 1990 
     (42 U.S.C. 9858 et seq.), regarding the availability and 
     utilization of materials developed under paragraph (1)(E) to 
     enhance parent and child care provider skills in early 
     childhood development and education.
       ``(b) Applications.--To be eligible to receive a grant, 
     contract, or cooperative agreement under subsection (a), an 
     entity shall submit to the Secretary an application at such 
     time, in such manner, and containing such information as the 
     Secretary may reasonably require.
       ``(c) Reports and Evaluations.--
       ``(1) Annual report to the secretary.--An entity receiving 
     a grant, contract, or cooperative agreement under this 
     section shall prepare and submit to the Secretary an annual 
     report that contains such information as the Secretary may 
     require. At a minimum, the report shall describe the program 
     activities undertaken with funds received under the grant, 
     contract, or cooperative agreement, including each of the 
     following:
       ``(A) The programming that has been developed, directly or 
     indirectly, by the eligible entity, and the target population 
     of the programs developed.
       ``(B) The support and training materials that have been 
     developed to accompany the programming, and the method by 
     which the materials are distributed to consumers and users of 
     the programming.
       ``(C) The means by which programming developed under this 
     section has been distributed, including the distance learning 
     technologies that have been utilized to make programming 
     available, and the geographic distribution achieved through 
     such technologies.
       ``(D) The initiatives undertaken by the entity to develop 
     public-private partnerships to secure non-Federal support for 
     the development, distribution, and broadcast of educational 
     and instructional programming.
       ``(2) Report to congress.--The Secretary shall prepare and 
     submit to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Education and the 
     Workforce of the House of Representatives a biannual report 
     that includes the following:
       ``(A) A summary of the activities assisted under subsection 
     (a).
       ``(B) A description of the education and training materials 
     made available under subsection (a)(1)(E), the manner in 
     which outreach has been conducted to inform parents and child 
     care providers of the availability of such materials, and the 
     manner in which such materials have been distributed in 
     accordance with such subsection.
       ``(d) Administrative Costs.--An entity that receives a 
     grant, contract, or cooperative agreement under this section 
     may use up to 5 percent of the amount received under the 
     grant, contract, or agreement for the normal and customary 
     expenses of administering the grant, contract, or agreement.
       ``(e) Funding Rule.--Not less than 60 percent of the amount 
     appropriated under subsection (f) for each fiscal year shall 
     be used to carry out activities under subparagraphs (B) 
     through (D) of subsection (a)(1).
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this part such 
     sums as may be necessary for each of fiscal years 2016 
     through 2021.''.

     SEC. 5008. INNOVATIVE TECHNOLOGY EXPANDS CHILDREN'S HORIZONS 
                   (I-TECH).

       Title V (20 U.S.C. 7201 et seq.), as amended by section 
     5001, is further amended by inserting after part F, as added 
     by section 5007, the following:

  ``PART G--INNOVATIVE TECHNOLOGY EXPANDS CHILDREN'S HORIZONS (I-TECH)

     ``SEC. 5701. PURPOSES.

       ``The purposes of this part are--
       ``(1) to improve the achievement, academic growth, and 
     college and career readiness of all students;
       ``(2) to ensure that all students have access to 
     personalized, rigorous learning experiences that are 
     supported through technology;
       ``(3) to ensure that educators have the knowledge and 
     skills to use technology, including computer-based 
     assessments and blended learning strategies, to personalize 
     learning;
       ``(4) to ensure that local educational agency and school 
     leaders have the skills required to implement, and support 
     school- and district-wide approaches for using technology to 
     inform instruction, support teacher collaboration, and 
     personalize learning;
       ``(5) to ensure that students in rural, remote, and 
     underserved areas have the resources to take advantage of 
     high-quality digital learning experiences, digital resources, 
     and access to online courses taught by effective educators;
       ``(6) to ensure that students have increased access to 
     online dual or concurrent enrollment opportunities, career 
     and technical courses, and programs leading to a recognized 
     postsecondary credential (as defined in section 3 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3102)), 
     and courses taught by educators, including advanced 
     coursework; and
       ``(7) to ensure that State educational agencies, local 
     educational agencies, elementary schools, and secondary 
     schools have the

[[Page S4753]]

     technological capacity, infrastructure, and technical support 
     necessary to meet purposes described in paragraphs (1) 
     through (6).

     ``SEC. 5702. DEFINITIONS.

       ``In this part:
       ``(1) Digital learning.--The term `digital learning' means 
     any instructional practice that effectively uses technology 
     to strengthen a student's learning experience and encompasses 
     a wide spectrum of tools and practices, including--
       ``(A) interactive learning resources that engage students 
     in academic content;
       ``(B) access to online databases and other primary source 
     documents;
       ``(C) the use of data, data analytics, and information to 
     personalize learning and provide targeted supplementary 
     instruction;
       ``(D) student collaboration with content experts and peers;
       ``(E) online and computer-based assessments;
       ``(F) digital learning content, software, or simulations;
       ``(G) access to online courses;
       ``(H) mobile devices for learning in school and at home;
       ``(I) learning environments that allow for rich 
     collaboration and communication;
       ``(J) hybrid or blended learning, which occurs under direct 
     instructor supervision at a school or other location away 
     from home and, at least in part, through online delivery of 
     instruction with some element of student control over time, 
     place, path, or pace;
       ``(K) access to online course opportunities for students in 
     rural or remote areas; and
       ``(L) discovery, modification, and sharing of openly 
     licensed digital learning materials.
       ``(2) Eligible technology.--The term `eligible technology' 
     means modern computer, and communication technology software, 
     services, or tools, including computer or mobile devices, 
     software applications, systems and platforms, and digital 
     learning content, and related services and supports.
       ``(3) Technology readiness survey.--The term `technology 
     readiness survey' means a survey completed by a local 
     educational agency that provides standardized information on 
     the quantity and types of technology infrastructure and 
     access available to the students and in the community served 
     by the local educational agency, including computer devices, 
     access to school libraries, Internet connectivity, operating 
     systems, related network infrastructure, data systems, 
     educator professional learning needs and priorities, and data 
     security.
       ``(4) Universal design for learning.--The term `universal 
     design for learning' has the meaning given the term in 
     section 103 of the Higher Education Act of 1965 (20 U.S.C. 
     1003).

     ``SEC. 5703. TECHNOLOGY GRANTS PROGRAM AUTHORIZED.

       ``(a) In General.--From the amounts appropriated under 
     section 5708, the Secretary may reserve not more than 1.5 
     percent for national activities to support grantees and shall 
     award the remainder to State educational agencies to 
     strengthen State and local technological infrastructure and 
     professional learning that supports digital learning through 
     State activities under section 5705(c) and local activities 
     under section 5706(c).
       ``(b) Grants to State Educational Agencies.--
       ``(1) Reservations.--From the amounts appropriated under 
     section 5708 for any fiscal year, the Secretary shall 
     reserve--
       ``(A) three-fourths of 1 percent for the Secretary of the 
     Interior to provide assistance under this part for schools 
     operated or funded by the Bureau of Indian Education; and
       ``(B) 1 percent to provide assistance under this part to 
     the outlying areas.
       ``(2) Grant allotments.--From the amounts appropriated 
     under section 5708 for any fiscal year and remaining after 
     the Secretary makes reservations under paragraph (1), the 
     Secretary shall make a grant for the fiscal year to each 
     State educational agency with an approved application under 
     section 5704 in an amount that bears the same relationship to 
     such remainder as the amount the State educational agency 
     received under part A of title I for such year bears to the 
     amount all State educational agencies with an approved 
     application under section 5704 received under such part for 
     such year.
       ``(c) Minimum.--The amount of a grant to a State 
     educational agency under subsection (b)(2) for a fiscal year 
     shall not be less than one-half of 1 percent of the total 
     amount made available for grants to all State educational 
     agencies under such subsection for such year.
       ``(d) Reallotment of Unused Funds.--If any State 
     educational agency does not apply for a grant under section 
     5704 for a fiscal year, or does not use the State educational 
     agency's entire grant allotment under subsection (b)(2) for 
     such year, the Secretary shall reallot the amount of the 
     State educational agency's grant, or the unused portion of 
     the grant allotment, to the remaining State educational 
     agencies that use their entire grant amounts under subsection 
     (b)(2) for such year.
       ``(e) Matching Funds.--
       ``(1) In general.--A State educational agency that receives 
     a grant under subsection (b)(2) shall provide matching funds, 
     from non-Federal sources, in an amount equal to 10 percent of 
     the amount of grant funds provided to the State educational 
     agency to carry out the activities supported by the grant. 
     Such matching funds may be provided in cash or in kind, 
     except that any such in kind contributions shall be provided 
     for the purpose of supporting the State educational agency's 
     activities under section 5705(c).
       ``(2) Waiver.--The Secretary may waive the matching 
     requirement under paragraph (1) for a State educational 
     agency that demonstrates that such requirement imposes an 
     undue financial hardship on the State educational agency.

     ``SEC. 5704. STATE APPLICATIONS.

       ``(a) Application.--To receive a grant under section 
     5703(b)(2), a State educational agency shall submit to the 
     Secretary an application at such time and in such manner as 
     the Secretary may require and containing the information 
     described in subsection (b).
       ``(b) Contents.--Each application submitted under 
     subsection (a) shall include the following:
       ``(1) A description of how the State educational agency 
     will meet the following goals:
       ``(A) Use technology to ensure that all students achieve 
     college and career readiness and digital literacy, including 
     by providing high-quality education opportunities to 
     economically or geographically isolated student populations.
       ``(B) Provide educators, school leaders, and administrators 
     with the professional learning tools, devices, content, and 
     resources to--
       ``(i) personalize learning to improve student academic 
     achievement; and
       ``(ii) discover, adapt, and share relevant high-quality 
     open educational resources.
       ``(C) Enable local educational agencies to build 
     technological capacity and infrastructure.
       ``(2) An assurance that each local educational awarded a 
     subgrant under this part has conducted a technology readiness 
     survey and will take steps to address the identified 
     readiness gaps not later than 3 years after the completion of 
     the survey by the local educational agency.
       ``(3) An assurance that the State educational agency will 
     ensure that the State educational agency's technology systems 
     and school-based technology systems are interoperable.
       ``(4) An assurance that the State educational agency will 
     consider making content widely available through open 
     educational resources when making purchasing decisions with 
     funds received under this part.
       ``(5) A description of how the State educational agency 
     will award subgrants to local educational agencies under 
     section 5706.
       ``(6) A description of the process, activities, and 
     performance measures that the State educational agency will 
     use to evaluate the impact and effectiveness of the grant and 
     subgrant funds awarded under this part across the State and 
     in each local educational agency.
       ``(7) An assurance that the State educational agency 
     consulted with local educational agencies in the development 
     of the State educational agency's application under this 
     subsection.
       ``(8) An assurance that the State educational agency will 
     provide matching funds as required under section 5703(e).
       ``(9) An assurance that the State educational agency will 
     protect the privacy and safety of students and teachers, 
     consistent with requirements of section 444 of the General 
     Education Provisions Act (20 U.S.C. 1232g) (commonly known as 
     the `Family Educational Rights and Privacy Act of 1974') and 
     section 445 of the General Education Provisions Act (20 
     U.S.C. 1232h).
       ``(10) An assurance that funds made available under this 
     part shall be used to supplement, and not supplant, any other 
     Federal, State, or local funds that would otherwise be 
     available to carry out the activities assisted under this 
     part.

     ``SEC. 5705. STATE USE OF GRANT FUNDS.

       ``(a) Reservation for Subgrants To Support Technology 
     Infrastructure.--Each State educational agency that receives 
     a grant under section 5703(b)(2) shall expend not less than 
     90 percent of the grant amount for each fiscal year to award 
     subgrants to local educational agencies in accordance with 
     section 5706.
       ``(b) Reservation for State Activities.--
       ``(1) In general.--A State educational agency shall reserve 
     not more than 10 percent of the grant received under section 
     5703(b)(2) for the State activities described in subsection 
     (c).
       ``(2) Grant administration.--
       ``(A) In general.--Subject to subparagraph (B), of the 
     amount reserved by a State educational agency under paragraph 
     (1), the State educational agency may reserve for the 
     administration of the grant under this part not more than--
       ``(i) 1 percent in the case of a State educational agency 
     awarding subgrants under section 5706(a)(1); or
       ``(ii) 3 percent in the case of a State educational agency 
     awarding subgrants under section 5706(a)(2).
       ``(B) Special rule.--Notwithstanding subparagraph (A), a 
     State educational agency that forms a State purchasing 
     consortium under subsection (d)--
       ``(i) may reserve an additional 1 percent to carry out the 
     activities described in subsection (d)(1); and
       ``(ii) may reserve amounts in addition to the percentage 
     described in clause (i) if the State purchasing consortium 
     receives direct approval from the local educational agencies

[[Page S4754]]

     receiving subgrants under section 5706(a) from the State 
     educational agency prior to reserving more than the 
     additional percentage authorized under clause (i).
       ``(c) State Activities.--A State educational agency may use 
     funds described in subsection (b) to carry out each of the 
     following:
       ``(1) Except for the awarding of subgrants in accordance 
     with section 5706, activities described in the State 
     educational agency's application under section 5704(b).
       ``(2) Providing technical assistance to local educational 
     agencies to--
       ``(A) identify and address technology readiness needs, as 
     determined by the technology readiness surveys;
       ``(B) use technology, consistent with the principles of 
     universal design for learning, to support the learning needs 
     of all students, including children with disabilities and 
     English learners;
       ``(C) build capacity for principals and local educational 
     agency administrators to support teachers in using data and 
     technology to improve teaching and personalize learning;
       ``(D) ensure that contractual requirements for third 
     parties that have access to student data, its storage, or 
     provide analytics on student data provide privacy protections 
     consistent with the requirements of section 444 of the 
     General Education Provisions Act (20 U.S.C. 1232g) (commonly 
     known as the `Family Educational Rights and Privacy Act of 
     1974'); and
       ``(E) provide tools and processes to support the creation, 
     modification, and distribution of open educational resources.
       ``(3) Developing or utilizing evidence-based or innovative 
     strategies for the delivery of specialized or rigorous 
     academic courses and curricula through the use of technology, 
     including digital learning technologies and assistive 
     technology.
       ``(4) Integrating and coordinating activities under this 
     part with other educational resources and programs across the 
     State.
       ``(5) Disseminating information, including making publicly 
     available on the website of the State educational agency, 
     promising practices to improve technology instruction, best 
     practices for data security, and acquiring and implementing 
     technology tools and applications.
       ``(6) Ensuring that teachers, paraprofessionals, school 
     librarians and media personnel, specialized instructional 
     support personnel, and administrators possess the knowledge 
     and skills to use technology to meet the goals described in 
     section 5704(b)(1).
       ``(7) Coordinating with teacher, principal, and other 
     school leader preparation programs to ensure that preservice 
     teachers, principals, and other school leaders have the 
     skills to implement digital learning programs effectively.
       ``(8) Supporting schools in rural and remote areas to 
     expand access to high-quality digital learning opportunities.
       ``(d) Purchasing Consortia.--
       ``(1) In general.--A State educational agency receiving a 
     grant under section 5703(b)(2) may--
       ``(A) form a State purchasing consortium with 1 or more 
     State educational agencies receiving such a grant to carry 
     out the State activities described in subsection (c), 
     including purchasing eligible technology;
       ``(B) encourage local educational agencies to form a local 
     purchasing consortium under section 5706(c)(4); and
       ``(C) promote pricing opportunities to local educational 
     agencies for the purchase of eligible technology that are--
       ``(i) negotiated by the State educational agency or the 
     State purchasing consortium of the State educational agency; 
     and
       ``(ii) available to such local educational agencies.
       ``(2) Restrictions.--A State educational agency receiving a 
     grant under section 5703(b)(2) shall not--
       ``(A) except for promoting the pricing opportunities 
     described in paragraph (1)(C), make recommendations to local 
     educational agencies for, or require, use of any specific 
     commercial products and services by local educational 
     agencies;
       ``(B) require local educational agencies to participate in 
     a State purchasing consortia or local purchasing consortia; 
     or
       ``(C) use more than the amount reserved under subsection 
     (b) to carry out the activities described in paragraph (1), 
     unless the State educational agency receives approval in 
     accordance with subsection (b)(2)(B).

     ``SEC. 5706. LOCAL SUBGRANTS.

       ``(a) Subgrants.--
       ``(1) Grants to local educational agencies.--From the grant 
     funds provided under section 5703(b)(2) to a State 
     educational agency that are remaining after the State 
     educational agency makes reservations under section 5705(b) 
     for any fiscal year and subject to paragraph (2), the State 
     educational agency shall award subgrants for the fiscal year 
     to local educational agencies served by the State educational 
     agency and with an approved application under subsection (b) 
     by allotting to each such local educational agency an amount 
     that bears the same relationship to the remainder as the 
     amount received by the local educational agency under part A 
     of title I for such year bears to the amount received by all 
     such local educational agencies under such part for such 
     year, except that no local educational agency may receive 
     less than $20,000 for a year.
       ``(2) Competitive grants to local educational agencies.--If 
     the amount of funds appropriated under section 5708 is less 
     than $300,000,000 for any fiscal year, a State educational 
     agency--
       ``(A) shall not award subgrants under paragraph (1); and
       ``(B) shall--
       ``(i) award subgrants, on a competitive basis, to local 
     educational agencies based on the quality of applications 
     submitted under subsection (b), including--

       ``(I) the level of technology readiness, as determined by 
     the technology readiness surveys completed by local 
     educational agencies submitting such applications; and
       ``(II) the technology plans described in subsection (b)(3) 
     and how the local educational agencies with such plans will 
     carry out the alignment and coordination described in such 
     subsection;

       ``(ii) give priority to local educational agencies that 
     have demonstrated substantial need for assistance in 
     acquiring and using technology, based on the agency's 
     technology readiness survey; and
       ``(iii) give priority to schools that serve students in 
     rural and remote areas, schools identified under section 1114 
     as in need of intervention and support and the persistently 
     lowest-achieving schools, or schools with a high percentage 
     of students aged 5 through 17 who are in poverty, as counted 
     in the most recent census data approved by the Secretary, who 
     are eligible for a free or reduced priced lunch under the 
     Richard B. Russell National School Lunch Act, in families 
     receiving assistance under the State program funded under 
     part A of title IV of the Social Security Act, or eligible to 
     receive medical assistance under the Medicaid program.
       ``(3) Definition of local educational agency for certain 
     fiscal years.--For purposes of awarding subgrants under 
     paragraph (2), the term `local educational agency' means--
       ``(A) a local educational agency;
       ``(B) an educational service agency; or
       ``(C) a local educational agency and an educational service 
     agency.
       ``(b) Application.--A local educational agency that desires 
     to receive a subgrant under subsection (a) shall submit an 
     application to the State at such time, in such manner, and 
     accompanied by such information as the State educational 
     agency may require, such as--
       ``(1) a description of how the local educational agency 
     will carry out the goals described in subparagraphs (A) 
     through (C) of section 5704(b)(1);
       ``(2) a description of the results of the technology 
     readiness survey completed by the local educational agency 
     and a description of the plan for the local educational 
     agency to meet the goals described in paragraph (1) within 3 
     years of completing the survey;
       ``(3) a description of the local educational agency's 
     technology plan to carry out paragraphs (1) and (2) and how 
     the agency will align and coordinate the activities under 
     this section with other activities across the local 
     educational agency;
       ``(4) a description of the team of educators who will 
     coordinate and carry out the activities under this section, 
     including individuals with responsibility and expertise in 
     instructional technology, teachers who specialize in 
     supporting students who are children with disabilities and 
     English learners, other school leaders, school librarians and 
     media personnel, technology officers, and staff responsible 
     for assessments and data;
       ``(5) a description of how the local educational agency 
     will build capacity for principals, other school leaders, and 
     local educational agency administrators to support teachers 
     in developing data literacy skills and in implementing 
     digital tools to support teaching and learning;
       ``(6) a description of how the local educational agency 
     will procure content and ensure content quality; and
       ``(7) an assurance that the local educational agency will 
     protect the privacy and safety of students and teachers, 
     consistent with requirements section 444 of the General 
     Education Provisions Act (20 U.S.C. 1232g) (commonly known as 
     the `Family Educational Rights and Privacy Act of 1974').
       ``(c) Use of Funds.--
       ``(1) Professional development in digital learning.--
     Subject to paragraph (3), a local educational agency 
     receiving a subgrant under subsection (a) shall use not less 
     than 50 percent of such funds to carry out professional 
     development in digital learning for teachers, principals, 
     other school leaders, paraprofessionals, school librarians 
     and media personnel, specialized instructional support 
     personnel, technology coordinators, and administrators in the 
     use of technology to support student learning.
       ``(2) Technology infrastructure.--Subject to paragraph (3), 
     a local educational agency receiving a subgrant under 
     subsection (a) shall use not less than 25 percent of such 
     funds to support activities for the acquisition of eligible 
     technology needed to--
       ``(A) except for the activities described in paragraph (1), 
     carry out activities described in the application submitted 
     under subsection (b), including purchasing devices, 
     equipment, and software applications; and
       ``(B) address readiness shortfalls identified under the 
     technology readiness survey completed by the local 
     educational agency.
       ``(3) Modification of funding allocations.--A State 
     educational agency may authorize a local educational agency 
     to modify the percentage of the local educational agency's 
     subgrant funds required to carry out the

[[Page S4755]]

     activities described in paragraph (1) or (2) if the local 
     educational agency demonstrates that such modification will 
     assist the local educational agency in more effectively 
     carrying out such activities.
       ``(4) Purchasing consortium.--Local educational agencies 
     receiving subgrants under subsection (a) may--
       ``(A) form a local purchasing consortium 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 consortium under section 5705(d).
       ``(5) Blended learning projects.--
       ``(A) In general.--A local educational agency receiving a 
     subgrant under subsection (a) may use such funds to carry out 
     a blended learning project, which shall include at least 1 of 
     the following activities:
       ``(i) Planning activities, which may include development of 
     new instructional models (including blended learning 
     technology software and platforms), the purchase of digital 
     instructional resources, initial professional development 
     activities, and one-time information technology purchases, 
     except that such expenditures may not include expenditures 
     related to significant construction or renovation of 
     facilities.
       ``(ii) Ongoing professional development for teachers, 
     principals, other school leaders, or other personnel involved 
     in the project that is designed to support the implementation 
     and academic success of the project.
       ``(B) Non-federal match.--A local educational agency that 
     carries out a blended learning project under this paragraph 
     shall provide non-Federal matching funds equal to not less 
     than 10 percent of the amount of funds used to carry out such 
     project.
       ``(C) Definition of blended learning.--In this paragraph, 
     the term `blended learning' means a formal education program 
     that leverages both technology-based and face-to-face 
     instructional approaches that--
       ``(i) include an element of online or digital learning, 
     combined with supervised learning time, and student-led 
     learning, in which the elements are connected to provide an 
     integrated learning experience; and
       ``(ii) where students are provided some control over time, 
     path, or pace.

     ``SEC. 5707. REPORTING.

       ``(a) Local Educational Agencies.--Each local educational 
     agency receiving a subgrant under section 5706 shall submit 
     to the State educational agency that awarded such subgrant an 
     annual report the meets the requirements of subsection (c).
       ``(b) State Educational Agencies.--Each State educational 
     agency receiving a grant under section 5703(b)(2) shall 
     submit to the Secretary an annual report that meets the 
     requirements of subsection (c).
       ``(c) Report Requirements.--A report submitted under 
     subsection (a) or (b) shall include, at a minimum, a 
     description of--
       ``(1) the status of the State educational agency's plan 
     described in section 5704(b) or the local education agency's 
     technology plan under section 5706(b)(3), as applicable;
       ``(2) the categories of eligible technology acquired with 
     funds under this part and how such technology is being used;
       ``(3) the professional learning activities funded under 
     this part, including types of activities and entities 
     involved in providing such professional learning to classroom 
     teachers and other staff, such as school librarians; and
       ``(4) the types of programs funded under this part.

     ``SEC. 5708. AUTHORIZATION.

       ``There are authorized to be appropriated such sums as may 
     be necessary to carry out this part.''.

     SEC. 5009. LITERACY AND ARTS EDUCATION.

       Title V (20 U.S.C. 7201 et seq.), as amended by section 
     5001, is further amended by inserting after part G, as added 
     by section 5008, the following:

                 ``PART H--LITERACY AND ARTS EDUCATION

     ``SEC. 5801. LITERACY AND ARTS EDUCATION.

       ``(a) In General.--From funds made available under 
     subsection (c), the Secretary may award grants, contracts, or 
     cooperative agreements, on a competitive basis, to eligible 
     entities for the purposes of promoting--
       ``(1) arts education for disadvantaged students and 
     students who are children with disabilities, through 
     activities such as--
       ``(A) professional development for arts educators, 
     teachers, and principals;
       ``(B) development and dissemination of instructional 
     materials and arts-based educational programming, including 
     online resources, in multiple arts disciplines; and
       ``(C) community and national outreach activities that 
     strengthen and expand partnerships among schools, local 
     educational agencies, communities, or national centers for 
     the arts; and
       ``(2) literacy programs that support the development of 
     literacy skills in low-income communities, including--
       ``(A) developing and enhancing effective school library 
     programs, which may include providing professional 
     development for school librarians, books, and up-to-date 
     materials to low-income schools;
       ``(B) early literacy services, including pediatric literacy 
     programs through which, during well-child visits, medical 
     providers trained in research-based methods of early language 
     and literacy promotion provide developmentally appropriate 
     books and recommendations to parents to encourage them to 
     read aloud to their children starting in infancy; and
       ``(C) programs that provide high-quality books on a regular 
     basis to children and adolescents from disadvantaged 
     communities to increase reading motivation, performance, and 
     frequency.
       ``(b) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a local educational agency in which 20 percent or 
     more of the students served by the local educational agency 
     are from families with an income below the poverty line;
       ``(B) a consortium of such local educational agencies; or
       ``(C) an eligible national nonprofit organization.
       ``(2) Eligible national nonprofit organization.--The term 
     `eligible national nonprofit organization' means an 
     organization of national scope that--
       ``(A) is supported by staff, which may include volunteers, 
     or affiliates at the State and local levels; and
       ``(B) demonstrates effectiveness or high-quality plans for 
     addressing childhood literacy activities for the population 
     targeted by the grant.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for each of fiscal years 2016 
     through 2021.''.

     SEC. 5010. EARLY LEARNING ALIGNMENT AND IMPROVEMENT GRANTS.

       Title V (20 U.S.C. 7201 et seq.), as amended by section 
     5001, is further amended by inserting after part H, as added 
     by section 5009, the following:

       ``PART I--EARLY LEARNING ALIGNMENT AND IMPROVEMENT GRANTS

     ``SEC. 5901. PURPOSES; DEFINITIONS.

       ``(a) Purposes.--The purposes of this part are to assist 
     States with--
       ``(1) more efficiently using existing Federal resources to 
     improve, strengthen, and expand existing high-quality early 
     childhood education, as determined by the State;
       ``(2) coordinating existing funding streams and delivery 
     models to promote--
       ``(A) program quality, while maintaining services;
       ``(B) parental choice among high-quality early childhood 
     education program providers; and
       ``(C) early care and learning access for children from 
     birth to kindergarten entry; and
       ``(3) improving access for children from low-income 
     families to high-quality early childhood education programs 
     in order to enhance school readiness.
       ``(b) Definitions.--In this part:
       ``(1) Center of excellence.--The term `Center of 
     Excellence' means a local public or private nonprofit agency, 
     including a community-based or faith-based organization, or a 
     for-profit agency, within a community, that provides early 
     learning and care services in the State, including the use of 
     best practices for--
       ``(A) achieving school readiness, including the development 
     of early literacy and mathematics skills;
       ``(B) acquisition of English language skills; and
       ``(C) providing high-quality comprehensive services for 
     eligible children and their families.
       ``(2) Eligible child.--The term `eligible child' means an 
     individual--
       ``(A) who is less than 6 years of age; and
       ``(B) whose family income does not exceed--
       ``(i) 200 percent of the poverty line;
       ``(ii) 85 percent of the State median income for a family 
     of the same size, and whose family assets do not exceed 
     $1,000,000 (as certified by a member of such family); or
       ``(iii) a State-determined threshold for eligibility that 
     does not exceed the thresholds in clauses (i) and (ii).
       ``(3) Eligible partnership.--The term `eligible 
     partnership' means a partnership that, at a minimum, 
     includes, as applicable and appropriate, the State Advisory 
     Council on Early Childhood Education and Care established 
     under section 642B(b) of the Head Start Act, and all of the 
     following partners, which may be represented on the Council:
       ``(A) One or more public and private (including nonprofit 
     or for-profit) providers of early childhood education that 
     serve eligible children residing in the State and meet 
     applicable standards of licensing and quality as determined 
     by the State.
       ``(B) One or more Head Start agencies, which may include 
     Early Head Start, migrant and seasonal Head Start, and Indian 
     Head Start agencies that serve eligible children residing in 
     the State.
       ``(C) The State educational agency.
       ``(D) Other relevant State agencies with oversight of 
     preschool, early education, and child care in the State.
       ``(E) One or more local educational agencies in the State.
       ``(F) One or more institutions of higher education in the 
     State.
       ``(G) One or more representatives of business in the State.
       ``(4) Institution of higher education.--The term 
     `institution of higher education' has the meanings given the 
     term in section 101 and subparagraphs (A) and (B) of section 
     102(a)(1) of the Higher Education Act of 1965.

[[Page S4756]]

     ``SEC. 5902. EARLY LEARNING ALIGNMENT AND IMPROVEMENT GRANTS.

       ``(a) Grants Authorized.--
       ``(1) In general.--From amounts made available under 
     section 5903, the Secretary, in consultation with the 
     Secretary of Health and Human Services, shall award grants, 
     on a competitive basis, to States to enable the States to 
     carry out the activities described in subsection (d).
       ``(2) Reservation for states serving rural areas.--From the 
     amounts appropriated under section 5903 for a fiscal year, 
     the Secretary shall reserve not less than 30 percent for 
     grants to States that propose to carry out the activities 
     described in subsection (d) for eligible children living in 
     rural areas. The Secretary shall reduce the amount described 
     in the preceding sentence if the Secretary does not receive a 
     sufficient number of applications that are deserving of a 
     grant under this part for such purpose.
       ``(3) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to a State that will use funds 
     under this grant to focus on eligible children--
       ``(A) who are 3 and 4 years of age; and
       ``(B) whose family income does not exceed 130 percent of 
     the poverty line.
       ``(4) Duration of grants.--A grant awarded under this 
     section shall be for a period of not more than 3 years and 
     may not be renewed by the Secretary.
       ``(5) Limitation.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a State may receive a grant under this section once.
       ``(B) Exception.--Notwithstanding subparagraph (A), a State 
     may receive more than 1 grant under this section only--
       ``(i) if the State is proposing, for such additional 
     grants, to carry out activities for eligible children living 
     in rural areas; or
       ``(ii) after all States, which meet the requirements and 
     have submitted an application under this section, have 
     received a grant, to the extent that funds for a grant are 
     still available.
       ``(6) Equitable distribution.--To the extent practicable, 
     the Secretary shall ensure an equitable geographic 
     distribution of grants under this section.
       ``(b) State Requirements.--
       ``(1) Lead agency.--
       ``(A) Designation.--A State desiring a grant under this 
     section shall designate an agency (which may be an 
     appropriate collaborative agency) or establish a joint 
     interagency office, that complies with the requirements of 
     subparagraph (B), to serve as a lead agency for the State 
     under this section.
       ``(B) Duties.--The lead agency designated under 
     subparagraph (A) shall--
       ``(i) administer, directly or through other governmental or 
     nongovernmental agencies, the Federal assistance received 
     under this section by the State;
       ``(ii) develop the application submitted to the Secretary 
     under subsection (c); and
       ``(iii) coordinate the provision of activities under this 
     section with existing Federal, State, and local early 
     childhood education programs.
       ``(2) Partners.--In order to be eligible for a grant under 
     this section, a State shall partner with an eligible 
     partnership.
       ``(3) Matching requirement.--Each State that receives a 
     grant under this part shall provide from Federal or non-
     Federal sources (which may be provided in cash or in kind) to 
     carry out the activities supported by the grant, an amount 
     equal to--
       ``(A) 30 percent of the amount of the grant in the first 
     year of such grant; and
       ``(B) not less than 30 percent of the amount of the grant 
     in each of the second and third years of such grant, 
     respectively.
       ``(c) Applications.--A State desiring a grant under this 
     section shall submit an application at such time, in such 
     manner, and containing such information as the Secretary may 
     reasonably require. The application shall include--
       ``(1) an identification of the lead agency that the 
     Governor of the State has appointed to be responsible for the 
     grant under this section;
       ``(2) a description of the eligible partnership required 
     under subsection (b)(2), which will assist the State in 
     developing the plan and implementing the activities under 
     this part;
       ``(3) to the extent practicable, the unduplicated counts of 
     the number of eligible children served using existing 
     Federal, State, and local resources and programs that the 
     State will coordinate to meet the purposes of this part, 
     including--
       ``(A) programs carried out under the Head Start Act, 
     including the Early Head Start programs carried out under 
     such Act;
       ``(B) programs carried out under section 619 and parts B 
     and C of the Individuals with Disabilities Education Act;
       ``(C) child care programs carried out under the Child Care 
     and Development Block Grant Act of 1990 (42 U.S.C. 9858 et 
     seq.) or section 418 of the Social Security Act (42 U.S.C. 
     618);
       ``(D) other Federal, State, local, and Indian tribe or 
     tribal organization programs of early learning, childhood 
     education, child care, and development in the State; and
       ``(E) as applicable--
       ``(i) programs carried out under other provisions of this 
     Act;
       ``(ii) programs carried out under subtitle A of title XX of 
     the Social Security Act (42 U.S.C. 1397 et seq.);
       ``(iii) programs carried out under the Community Services 
     Block Grant Act (42 U.S.C. 9901 et seq.);
       ``(iv) programs serving homeless children and services of 
     local educational agency liaisons for homeless children and 
     youths designated under section 722(g)(1)(J)(ii) of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11432(g)(1)(J)(ii));
       ``(v) State agencies and programs serving children in 
     foster care and the foster families of such children; and
       ``(vi) child care programs funded through State veterans 
     affairs offices;
       ``(4) a description of how the State proposes to coordinate 
     such resources and programs identified under paragraph (3) in 
     order to meet the purposes of this part;
       ``(5) a description of how the State will identify early 
     childhood education program providers that demonstrate a high 
     level of quality;
       ``(6) a description of how the State will define eligible 
     children, in accordance with section 5901(b)(2);
       ``(7) a description of how the State will expand access to 
     existing high-quality early learning and care for eligible 
     children in the State or, if no high-quality early learning 
     and care is accessible for eligible children, expand access 
     to high-quality early learning and care for such children;
       ``(8) in the case of a State that has elected to use funds 
     under this section to designate Centers of Excellence--
       ``(A) an assurance that the State will designate an entity, 
     such as an agency, an institution of higher education, a 
     consortium of local educational agencies or Head Start 
     centers, or another entity, to designate early childhood 
     education programs as Centers of Excellence;
       ``(B) an assurance that the designee will meet the 
     definition of a Center of Excellence;
       ``(C) a description of the process by which an entity that 
     carries out an early childhood education program would be 
     designated as a Center of Excellence, including evidence that 
     the early childhood education program involved has 
     demonstrated excellence in program delivery in a manner 
     designed to improve the school readiness of children who have 
     participated in the program; and
       ``(D) a description of how the State will assist Centers of 
     Excellence in the dissemination of best practices;
       ``(9) a description of the measurable outcomes and 
     anticipated levels of performance for such outcomes, as 
     determined by the State, in the areas of program 
     coordination, program quality improvement, and increased 
     access to high-quality programs, that the State will use to 
     evaluate the coordinated statewide or locally implemented 
     system of voluntary early care and learning supported by the 
     grant;
       ``(10) an assurance that the State will provide technical 
     assistance to partners on methods by which Federal and State 
     early learning and care funding can be coordinated and lead 
     to cost-saving and efficiencies strategies, and other methods 
     that will enhance the quality of the early childhood 
     education programs in the State;
       ``(11) a description of how the State will sustain early 
     learning and care activities coordinated under this section, 
     including for rural areas in the State, if applicable, once 
     grant funding is no longer available under this section;
       ``(12) a description of the process that the State proposes 
     to use to collect and disseminate, to parents and the general 
     public, consumer information that will promote informed early 
     learning and care choices in the State;
       ``(13) a description of how the State will serve eligible 
     children residing in rural areas, if applicable; and
       ``(14) an assurance that funds made available under this 
     part shall be used to supplement, and not supplant, any other 
     Federal, State, or local funds that would otherwise be 
     available to carry out the activities assisted under this 
     part.
       ``(d) Use of Funds.--
       ``(1) In general.--A State that receives a grant under this 
     part shall use the grant funds to develop, implement, or 
     improve a coordinated statewide or locally implemented system 
     of voluntary early care and learning, which includes a plan--
       ``(A) for coordinating funding available through existing 
     Federal, State, and local sources; and
       ``(B) that is designed in collaboration with an eligible 
     partnership.
       ``(2) Authorized activities.--Grant funds under this 
     section may be used for the following:
       ``(A) Aligning existing Federal, State, and local funding 
     and resources with a statewide or locally designed system for 
     delivering high-quality early learning and care for eligible 
     children in the State, including developing evidence-based 
     practices to improve staff quality, instructional 
     programming, and time in program.
       ``(B) Analyzing needs for expanded access to existing high-
     quality early childhood education programs in the State, 
     including child care, preschool, and Early Head Start, Head 
     Start, and special education for all children, particularly 
     low-income children.
       ``(C) Developing or expanding eligible partnerships to--
       ``(i) expand access for eligible children to existing high-
     quality providers or programs or, if no high-quality early 
     learning and care is accessible for eligible children, expand 
     access to high-quality early learning and care for eligible 
     children;
       ``(ii) share best practices; and

[[Page S4757]]

       ``(iii) ensure that parents have maximum choices in 
     selecting the providers that meet their individual needs, 
     consistent with State and local laws.
       ``(D) Developing or expanding Centers of Excellence for the 
     purposes of--
       ``(i) disseminating best practices for achieving early 
     academic success in the State, including best practices for--

       ``(I) achieving school readiness, including developing 
     early literacy and mathematics skills;
       ``(II) the acquisition of the English language for English 
     learners; or
       ``(III) providing high-quality comprehensive services to 
     low-income and at-risk children and their families;

       ``(ii) coordinating early education, child care, and other 
     social services available in the State and local communities 
     for low-income and at-risk children and families; or
       ``(iii) providing effective transitions between preschool 
     programs and elementary schools, including by facilitating 
     ongoing communication between early education and elementary 
     school teachers and by improving the ability of teachers to 
     work effectively with low-income and at-risk children and 
     their families.
       ``(E) Expanding existing high-quality early education and 
     care for infants and toddlers or, if no high-quality early 
     education and care is accessible for infants and toddlers, 
     expand access to high-quality education and care.
       ``(F) Developing, implementing, or coordinating programs or 
     strategies determined by the State to increase the 
     involvement of the parents and family of an eligible child in 
     the education of the child, such as programs or strategies 
     that--
       ``(i) encourage effective ongoing communication between 
     such children and the parents and families of such children, 
     early childhood education providers, early learning 
     administrators, and other early childhood education 
     personnel; and
       ``(ii) promote active participation of parents, families, 
     and communities as partners in the education of such 
     children.
       ``(G) Carrying out other strategies determined by the State 
     to improve access to, and expand the overall quality of, a 
     coordinated State or locally designed system of voluntary 
     early learning and care services in the State.
       ``(3) Priority.--The activities implemented by a State 
     under this subsection shall prioritize parental choice of 
     providers and evidence-based practices for improving early 
     learning program quality and access, to the extent permitted 
     under State and local law.
       ``(e) Reporting.--A State that receives a grant under this 
     part shall submit to the Secretary, at such time and in such 
     manner as the Secretary may reasonably require, an annual 
     report that includes--
       ``(1) the number and percentage of children who are served 
     in high-quality early childhood education programs, as 
     identified by the State, during each year of the grant 
     duration using funds from--
       ``(A) only this part, as applicable;
       ``(B) the Child Care and Development Block Grant Act of 
     1990 (42 U.S.C. 9858 et seq.) or section 418 of the Social 
     Security Act (42 U.S.C. 618);
       ``(C) the Head Start Act; and
       ``(D) other public and private providers, as applicable;
       ``(2) the quality improvements undertaken at the State 
     level;
       ``(3) the extent to which funds are being blended with 
     other public and private funding;
       ``(4) the progress made regarding the measurable outcomes 
     and the anticipated levels of performance selected by the 
     State under subsection (c)(9); and
       ``(5) any other ways in which funds are used to meet the 
     purposes of this part.
       ``(f) Report to Congress.--The Secretary, in consultation 
     with the Secretary of Health and Human Services, shall 
     prepare and submit to the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on 
     Education and the Workforce of the House of Representatives a 
     biennial report containing the information described in 
     subsection (e) for all States receiving funds under this 
     part.
       ``(g) Limitations on Federal Interference.--Nothing in this 
     part shall be construed to authorize the Secretary to 
     establish any criterion that specifies, defines, or 
     prescribes--
       ``(1) early learning and development guidelines, standards, 
     or specific assessments, including the standards or measures 
     that States use to develop, implement, or improve such 
     guidelines, standards, or assessments;
       ``(2) specific measures or indicators of quality early 
     learning and care, including--
       ``(A) the systems that States use to assess the quality of 
     early childhood education programs and providers, school 
     readiness, and achievement; and
       ``(B) the term `high-quality' early learning or care;
       ``(3) early learning or preschool curriculum, program of 
     instruction, or instructional content;
       ``(4) teacher and staff qualifications and salaries;
       ``(5) class sizes and child-to-instructional staff ratios; 
     and
       ``(6) any aspect or parameter of a teacher, principal, 
     other school leader, or staff evaluation system within a 
     State or local educational agency.

     ``SEC. 5903. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for each of fiscal years 
     2016 through 2021.''.

                  TITLE VI--INNOVATION AND FLEXIBILITY

     SEC. 6001. PURPOSES.

       Title VI (20 U.S.C. 7301 et seq.) is amended by inserting 
     before part A of title VI, the following:

     ``SEC. 6001. PURPOSES.

       ``The purposes of this title are--
       ``(1) to support State and local innovation in preparing 
     all students to meet challenging State academic standards 
     under section 1111(b);
       ``(2) to provide States and local educational agencies with 
     maximum flexibility in using Federal funds provided under 
     this Act; and
       ``(3) to support education in rural areas.''.

     SEC. 6002. IMPROVING ACADEMIC ACHIEVEMENT.

       Part A of title VI (20 U.S.C. 7301 et seq.) is amended--
       (1) by striking subparts 1 and 4;
       (2) by redesignating subpart 2 as subpart 1;
       (3) by redesignating sections 6121 through 6123 as sections 
     6111 through 6113, respectively;
       (4) in section 6113, as redesignated by paragraph (3)--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``not more than 50 percent of the nonadministrative State 
     funds'' and inserting ``all, or any lesser amount, of State 
     funds''; and
       (II) by striking subparagraphs (A) through (D) and 
     inserting the following:

       ``(A) Part A of title II.
       ``(B) Part A of title IV.
       ``(C) Part G of title V.''; and
       (ii) in paragraph (2), by striking ``and subject to the 50 
     percent limitation described in paragraph (1)''; and
       (B) in subsection (b)--
       (i) in paragraph (1)--

       (I) in subparagraph (A), by striking ``(except'' and all 
     that follows through ``subparagraph (C))'' and inserting 
     ``may transfer all, or any lesser amount, of the funds 
     allocated to it'';
       (II) by striking subparagraph (B);
       (III) by redesignating subparagraph (C) as subparagraph 
     (B); and
       (IV) in subparagraph (B), as redesignated by subclause 
     (III), by striking ``and subject to the percentage limitation 
     described in subparagraph (A) or (B), as applicable''; and

       (ii) in paragraph (2)--

       (I) by striking ``subparagraph (A), (B), or (C)'' and 
     inserting ``subparagraph (A) or (B)''; and
       (II) by striking subparagraphs (A) through (D) and 
     inserting the following:

       ``(A) Part A of title II.
       ``(B) Part A of title IV.
       ``(C) Part G of title V.''; and
       (5) by striking subpart 3 and inserting the following:

    ``Subpart 2--Weighted Student Funding Flexibility Pilot Program

     ``SEC. 6121. WEIGHTED STUDENT FUNDING FLEXIBILITY PILOT 
                   PROGRAM.

       ``(a) Purpose.--The purpose of the pilot program under this 
     section is to provide local educational agencies with 
     flexibility to consolidate Federal, State, and local funding 
     in order to create a single school funding system based on 
     weighted per-pupil allocations for low-income and otherwise 
     disadvantaged students.
       ``(b) Authority.--The Secretary may, on a competitive 
     basis, enter into local flexibility demonstration 
     agreements--
       ``(1) for not more than 2 years with local educational 
     agencies that are selected under subsection (c) and submit 
     proposed agreements that meet the requirements of subsection 
     (d); and
       ``(2) under which such agencies may consolidate and use 
     funds in accordance with subsection (d) in order to develop 
     and implement a school funding system based on weighted per-
     pupil allocations for low-income and otherwise disadvantaged 
     students.
       ``(c) Selection of Local Educational Agencies.--
       ``(1) In general.--The Secretary may enter into local 
     flexibility demonstration agreements with not more than 25 
     local educational agencies, reflecting the size and 
     geographic diversity of all such agencies nationwide to the 
     maximum extent feasible.
       ``(2) Selection.--Each local educational agency shall be 
     selected on a competitive basis from among those local 
     educational agencies that--
       ``(A) submit a proposed local flexibility demonstration 
     agreement under subsection (d) to the Secretary;
       ``(B) demonstrate to the satisfaction of the Secretary that 
     the agreement meets the requirements of subsection (d); and
       ``(C) agree to meet the continued demonstration 
     requirements under subsection (e).
       ``(d) Required Terms of Local Flexibility Demonstration 
     Agreement.--
       ``(1) Application.--Each local educational agency that 
     desires to participate in the pilot program under this 
     section shall submit, at such time, in such form, and 
     including such information as the Secretary may prescribe, an 
     application to enter into a local flexibility demonstration 
     agreement with the Secretary in order to develop and 
     implement a school funding system based on

[[Page S4758]]

     weighted per-pupil allocations that meets the requirements of 
     this section, including--
       ``(A) a description of the school funding system based on 
     weighted per-pupil allocations, including how the system will 
     meet the requirements under paragraph (2);
       ``(B) a list of funding sources, including eligible Federal 
     funds the local educational agency will include in such 
     system;
       ``(C) a description of the amount and percentage of total 
     local educational agency funding, including State, local, and 
     eligible Federal funds, that will be allocated through such 
     system;
       ``(D) the per-pupil expenditures (including actual 
     personnel expenditures, including staff salary differentials 
     for years of employment, and actual nonpersonnel 
     expenditures) of State and local funds for each school served 
     by the agency for the preceding fiscal year;
       ``(E) the per-pupil amount of eligible Federal funds each 
     school served by the agency, disaggregated by program, 
     received in the preceding fiscal year;
       ``(F) a description of how the system will continue to 
     ensure that any eligible Federal funds allocated through the 
     system will continue to meet the purposes of each Federal 
     funding stream, including serving students from low-income 
     families, English learners, migratory children, and children 
     who are neglected, delinquent, or at risk, as applicable;
       ``(G) a description of how the local educational agency 
     will develop and employ a weighted student funding system to 
     support public elementary schools and secondary schools in 
     order to improve the academic achievement of students, 
     including low-income students, the lowest-achieving students, 
     English learners, and students with disabilities;
       ``(H) an assurance that the local educational agency 
     developed and will implement the local flexibility 
     demonstration agreement in consultation with teachers, 
     principals, other school leaders, administrators of Federal 
     programs impacted by the agreement, parents, civil rights 
     leaders, and other relevant stakeholders;
       ``(I) an assurance that the local educational agency will 
     use fiscal control and sound accountability procedures that 
     ensure proper disbursement of, and accounting for, eligible 
     Federal funds consolidated and used under such system;
       ``(J) an assurance that the local educational agency will 
     continue to meet the fiscal provisions in section 1117 and 
     the requirements under section 9501; and
       ``(K) an assurance that the local educational agency will 
     meet the requirements of all applicable Federal civil rights 
     laws in carrying out the agreement and in consolidating and 
     using funds under the agreement.
       ``(2) Requirements of system.--A local educational agency's 
     school funding system based on weighted per-pupil allocations 
     shall meet each of the following requirements:
       ``(A) The system shall--
       ``(i) allocate a significant portion of funds, including 
     State, local, and eligible Federal funds, to the school level 
     through a formula that determines per-pupil weighted amounts 
     based on individual student characteristics;
       ``(ii) use weights or allocation amounts that allocate 
     substantially more funding to students from low-income 
     families and English learners than to other students; and
       ``(iii) demonstrate to the Secretary that each high-poverty 
     school received at least as much total per-pupil funding, 
     including from Federal, State, and local sources, for low-
     income students and at least as much total per-pupil funding, 
     including from Federal, State, and local sources, for English 
     learners as the school received in the year prior to carrying 
     out the pilot program.
       ``(B) The system shall be used to allocate a significant 
     portion, including all school-level personnel expenditures 
     for instructional staff and nonpersonnel expenditures, but 
     not less than 65 percent, of all the local educational 
     agency's local and State funds to schools.
       ``(C) After allocating funds through the school funding 
     system, the local educational agency shall charge schools for 
     the per-pupil expenditures of Federal, State, and local 
     funds, including actual personnel expenditures for 
     instructional staff and actual nonpersonnel expenditures.
       ``(D) The system may include weights or allocation amounts 
     according to other characteristics.
       ``(e) Continued Demonstration.--Each local educational 
     agency that is selected to participate in the pilot program 
     under this section shall annually--
       ``(1) demonstrate to the Secretary that no high-poverty 
     school served by the agency received less total per-pupil 
     funding, including from Federal, State, and local sources, 
     for low-income students or less total per-pupil funding, 
     including from Federal, State, and local sources, for English 
     learners than the school received in the previous year;
       ``(2) make public and report to the Secretary the per-pupil 
     expenditures (including actual personnel expenditures that 
     include staff salary differentials for years of employment, 
     and actual non-personnel expenditures) of State, local, and 
     Federal funds for each school served by the agency, and 
     disaggregated by student poverty quartile and by minority 
     student quartile for the preceding fiscal year; and
       ``(3) make public the total number of students enrolled in 
     each school served by the agency and the number of students 
     enrolled in each such school disaggregated by each of the 
     categories of students, as defined in section 1111(b)(3)(A).
       ``(f) Eligible Federal Funds.--In this section, the term 
     `eligible Federal funds' means funds received by a local 
     educational agency under titles I, II, III, and IV of this 
     Act.
       ``(g) Limitations on Administrative Expenditures.--Each 
     local educational agency that has entered into a local 
     flexibility demonstration agreement with the Secretary under 
     this section may use, for administrative purposes, from 
     eligible Federal funds not more than the percentage of funds 
     allowed for such purpose under any of titles I, II, III, or 
     IV.
       ``(h) Peer Review.--The Secretary may establish a peer-
     review process to assist in the review of a proposed local 
     flexibility demonstration agreement.
       ``(i) Noncompliance.--The Secretary may, after providing 
     notice and an opportunity for a hearing (including the 
     opportunity to provide information as provided for in 
     subsection (j)), terminate a local flexibility demonstration 
     agreement under this section if there is evidence that the 
     local educational agency has failed to comply with the terms 
     of the agreement and the requirements under subsections (d) 
     and (e).
       ``(j) Evidence.--If a local educational agency believes 
     that the Secretary's determination under subsection (i) is in 
     error for statistical or other substantive reasons, the local 
     educational agency may provide supporting evidence to the 
     Secretary, and the Secretary shall consider that evidence 
     before making a final termination determination.
       ``(k) Program Evaluation.--From the amount reserved for 
     evaluation activities in section 9601, the Secretary, acting 
     through the Director of the Institute of Education Sciences, 
     shall, in consultation with the relevant program office at 
     the Department, evaluate the implementation and impact of the 
     local flexibility demonstration agreements under this 
     section, consistent with section 9601 and specifically on 
     improving the equitable distribution of State and local 
     funding and increasing student achievement.
       ``(l) Renewal of Local Flexibility Demonstration 
     Agreement.--The Secretary may renew for additional 3-year 
     terms a local flexibility demonstration agreement under this 
     section if--
       ``(1) the local educational agency has met the requirements 
     under subsections (d)(2) and (e) and agrees to and has a high 
     likelihood of continuing to meet such requirements; and
       ``(2) the Secretary determines that renewing the local 
     flexibility demonstration agreement is in the interest of 
     students served under titles I and III, including students 
     from low-income families, English learners, migratory 
     children, and children who are neglected, delinquent, or at 
     risk.
       ``(m) Definition of High-Poverty School.--In this section, 
     the term `high-poverty school' means a school that is in the 
     highest 2 quartiles of schools served by a local educational 
     agency, based on the percentage of enrolled students from 
     low-income families.''.

     SEC. 6003. RURAL EDUCATION INITIATIVE.

       Part B of title VI (20 U.S.C. 7341 et seq.) is amended--
       (1) in section 6211--
       (A) in subsection (a)(1), by striking subparagraphs (A) 
     through (E) and inserting the following:
       ``(A) Part A of title I.
       ``(B) Part A of title II.
       ``(C) Title III.
       ``(D) Part A or B of title IV.
       ``(E) Part G of title V.'';
       (B) in subsection (b)(1)--
       (i) in subparagraph (A)(ii), by striking ``7 or 8, as 
     determined by the Secretary; or'' and inserting ``41, 42, or 
     43, as determined by the Secretary;'';
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(C) the local educational agency is a member of an 
     educational service agency that does not receive funds under 
     this subpart and the local educational agency meets the 
     requirements of this part.''; and
       (C) in subsection (c), by striking paragraphs (1) through 
     (3) and inserting the following:
       ``(1) Part A of title II.
       ``(2) Part A of title IV.
       ``(3) Part G of Title V.'';
       (2) in section 6212--
       (A) in subsection (a), by striking paragraphs (1) through 
     (5) and inserting the following:
       ``(1) Part A of title I.
       ``(2) Part A of title II.
       ``(3) Title III.
       ``(4) Part A or B of title IV.
       ``(5) Part G of title V.'';
       (B) in subsection (b)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) Allocation.--
       ``(A) In general.--Except as provided in paragraphs (3) and 
     (4), the Secretary shall award a grant under subsection (a) 
     to a local educational agency eligible under section 6211(b) 
     for a fiscal year in an amount equal to the initial amount 
     determined under paragraph (2) for the fiscal year minus the 
     total amount received by the agency under the provisions of 
     law described in section 6211(c) for the preceding fiscal 
     year.
       ``(B) Special determination.--For a local educational 
     agency that is eligible under section 6211 and is a member of 
     an educational service agency, the Secretary may determine 
     the award amount by subtracting

[[Page S4759]]

     from the initial amount determined under paragraph (2), an 
     amount that is equal to that local educational agency's per-
     pupil share of the total amount received by the educational 
     service agency under titles II and IV, as long as a 
     determination under this subparagraph would not 
     disproportionately affect any State.'';
       (ii) by striking paragraph (2) and inserting the following:
       ``(2) Determination of initial amount.--
       ``(A) In general.--The initial amount referred to in 
     paragraph (1) is equal to $100 multiplied by the total number 
     of students in excess of 50 students, in average daily 
     attendance at the schools served by the local educational 
     agency, plus $20,000, except that the initial amount may not 
     exceed $60,000.
       ``(B) Special rule.--For any fiscal year for which the 
     amount made available to carry out this part is $252,000,000 
     or more, subparagraph (A) shall be applied--
       ``(i) by substituting `$25,000' for `$20,000'; and
       ``(ii) by substituting `$80,000' for `$60,000'.''; and
       (iii) by adding at the end the following:
       ``(4) Hold harmless.--For a local educational agency that 
     is not eligible under this subpart but met the eligibility 
     requirements under section 6211(b) as such section was in 
     effect on the day before the date of enactment of the Every 
     Child Achieves Act of 2015, the agency shall receive--
       ``(A) for fiscal year 2016, 75 percent of the amount such 
     agency received for fiscal year 2015;
       ``(B) for fiscal year 2017, 50 percent of the amount such 
     agency received for fiscal year 2015; and
       ``(C) for fiscal year 2018, 25 percent of the amount such 
     agency received for fiscal year 2015.''; and
       (C) by striking subsection (d);
       (3) by striking section 6213 and inserting the following:

     ``SEC. 6213. ACADEMIC ACHIEVEMENT ASSESSMENTS.

       ``Each local educational agency that uses or receives funds 
     under this subpart for a fiscal year shall administer an 
     assessment that is consistent with section 1111(b)(2).'';
       (4) in section 6221--
       (A) in subsection (b)(1)(B), by striking ``6, 7, or 8'' and 
     inserting ``32, 33, 41, 42, or 43''; and
       (B) in subsection (c)(1), by striking ``Bureau of Indian 
     Affairs'' and inserting ``Bureau of Indian Education'';
       (5) in section 6222(a), by striking paragraphs (1) through 
     (7) and inserting the following:
       ``(1) Activities authorized under part A of title I.
       ``(2) Activities authorized under part A of title II.
       ``(3) Activities authorized under title III.
       ``(4) Activities authorized under part A of title IV.
       ``(5) Parental involvement activities.
       ``(6) Activities authorized under part G of title V.'';
       (6) in section 6223--
       (A) in subsection (a), by striking ``at such time, in such 
     manner, and accompanied by such information'' and inserting 
     ``at such time and in such manner''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) Contents.--Each application submitted under 
     subsection (a) shall include information on--
       ``(1) program objectives and outcomes for activities under 
     this subpart, including how the State educational agency or 
     specially qualified agency will use funds to help all 
     students meet the challenging State academic standards under 
     section 1111(b);
       ``(2) if the State educational agency or specially 
     qualified agency will competitively award grants to eligible 
     local educational agencies, as described in section 
     6221(b)(2)(A), the application under the section shall 
     include--
       ``(A) the methods and criteria the State educational agency 
     or specially qualified agency will use for reviewing 
     applications and awarding funds to local educational agencies 
     on a competitive basis; and
       ``(B) how the State educational agency or specially 
     qualified agency will notify eligible local educational 
     agencies of the grant competition; and
       ``(3) a description of how the State educational agency or 
     specially qualified agency will provide technical assistance 
     to eligible local educational agencies to help such agencies 
     implement the activities described in section 6222.'';
       (7) in section 6224--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1), by inserting 
     ``or specially qualified agency'' after ``Each State 
     educational agency'';
       (ii) by striking paragraph (1) and inserting the following:
       ``(1) if the report is submitted by a State educational 
     agency, the method the State educational agency used to award 
     grants to eligible local educational agencies, and to provide 
     assistance to schools, under this subpart;''; and
       (iii) by striking paragraph (3) and inserting the 
     following:
       ``(3) the degree to which progress has been made toward 
     meeting the objectives and outcomes described in the 
     application submitted under section 6223, including having 
     all students in the State or the area served by the specially 
     qualified agency, as applicable, meet the challenging State 
     academic standards under section 1111(b).'';
       (B) by striking subsection (b) and (c) and inserting the 
     following:
       ``(b) Report to Congress.--The Secretary shall prepare a 
     summary of the reports under subsection (a) and submit a 
     biennial report to the Committee on Health, Education, Labor, 
     and Pensions of the Senate and the Committee on Education and 
     the Workforce of the House of Representatives.'';
       (C) by redesignating subsection (d) as subsection (c);
       (D) in subsection (c), as redesignated by subparagraph (C), 
     by striking ``assessment that is consistent with section 
     1111(b)(3)'' and inserting ``assessment that is consistent 
     with section 1111(b)(2)''; and
       (E) by striking subsection (e);
       (8) by inserting after section 6224 the following:

     ``SEC. 6225. CHOICE OF PARTICIPATION.

       ``(a) In General.--If a local educational agency is 
     eligible for funding under both subparts 1 and 2 of this 
     part, such local educational agency may receive funds under 
     either subpart 1 or subpart 2 for a fiscal year, but may not 
     receive funds under both subparts for such fiscal year.
       ``(b) Notification.--A local educational agency eligible 
     for funding under both subparts 1 and 2 of this part shall 
     notify the Secretary and the State educational agency under 
     which of such subparts the local educational agency intends 
     to receive funds for a fiscal year by a date that is 
     established by the Secretary for the notification.''; and
       (9) in section 6234, by striking ``$300,000,000 for fiscal 
     year 2002 and such sums as may be necessary for each of the 5 
     succeeding fiscal years,'' and inserting ``such sums as may 
     be necessary for each of the fiscal years 2016 through 
     2021,''.

     SEC. 6004. GENERAL PROVISIONS.

       Part C of title VI (20 U.S.C. 7371) is amended to read as 
     follows:

                      ``PART C--GENERAL PROVISIONS

     ``SEC. 6301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, 
                   OR CONTROL.

       ``Nothing in this title shall be construed to authorize an 
     officer or employee of the Federal Government to mandate, 
     direct, or control a State, local educational agency, or 
     school's specific instructional content, academic standards 
     and assessments, curriculum, or program of instruction, as a 
     condition of eligibility to receive funds under this Act.

     ``SEC. 6302. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

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

     SEC. 6005. REVIEW RELATING TO RURAL LOCAL EDUCATIONAL 
                   AGENCIES.

       (a) Review and Report.--Not later than 18 months after the 
     date of enactment of this Act, the Secretary of Education 
     shall--
       (1) review the organization, structure, and process and 
     procedures of the Department of Education for administering 
     its programs and developing policy and regulations, in order 
     to--
       (A) assess the methods and manner through which, and the 
     extent to which, the Department of Education takes into 
     account, considers input from, and addresses the unique needs 
     and characteristics of rural schools and rural local 
     educational agencies; and
       (B) determine actions that the Department of Education can 
     take to meaningfully increase the consideration and 
     participation of rural schools and rural local educational 
     agencies in the development and execution of the processes, 
     procedures, policies, and regulations of the Department of 
     Education;
       (2) make public a preliminary report containing the 
     information described under paragraph (1) and provide 
     Congress and the public with 60 days to comment on the 
     proposed actions under paragraph (1)(B); and
       (3) taking into account comments submitted under paragraph 
     (2), issue a final report to the Committee on Health, 
     Education, Labor, and Pensions of the Senate, which shall 
     describe the final actions developed pursuant to paragraph 
     (1)(B).
       (b) Implementation.--Not later than 2 years after the date 
     of enactment of this Act, the Secretary of Education shall--
       (1) implement each action described in the report under 
     subsection (a)(3); or
       (2) provide a written explanation to the Committee on 
     Health, Education, Labor, and Pensions of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives of why the action was not carried out.

    TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

     SEC. 7001. INDIAN EDUCATION.

       Part A of title VII (20 U.S.C. 7401 et seq.) is amended--
       (1) by striking sections 7132, 7133, 7134, and 7136;
       (2) by redesignating section 7135 as section 7132;
       (3) by striking section 7102 and inserting the following:

     ``SEC. 7102. PURPOSE.

       ``It is the purpose of this part to support the efforts of 
     local educational agencies, Indian tribes and organizations, 
     postsecondary institutions, and other entities--
       ``(1) to ensure the academic achievement of American Indian 
     and Alaska Native students by meeting their unique cultural, 
     language, and educational needs, consistent with section 
     1111;
       ``(2) to ensure that American Indian and Alaska Native 
     students gain knowledge and

[[Page S4760]]

     understanding of Native communities, languages, tribal 
     histories, traditions, and cultures; and
       ``(3) to ensure that teachers, principals, other school 
     leaders, and other staff who serve American Indian and Alaska 
     Native students have the ability to provide effective 
     instruction and supports to such students.'';
       (4) by striking section 7111 and inserting the following:

     ``SEC. 7111. PURPOSE.

       ``It is the purpose of this subpart to support local 
     educational agencies in developing elementary school and 
     secondary school programs for American Indian and Alaska 
     Native students that are designed to--
       ``(1) meet the unique cultural, language, and educational 
     needs of such students; and
       ``(2) ensure that all students meet the challenging State 
     academic standards adopted under section 1111(b).'';
       (5) in section 7112--
       (A) by striking subsection (a) and inserting the following:
       ``(a) In General.--The Secretary may make grants, from 
     allocations made under section 7113, and in accordance with 
     this section and section 7113, to--
       ``(1) local educational agencies;
       ``(2) Indian tribes; and
       ``(3) consortia of 2 or more local educational agencies, 
     Indian tribes, Indian organizations, or Indian community-
     based organizations, provided that each local educational 
     agency participating in such a consortium--
       ``(A) provides an assurance that the eligible Indian 
     children served by such local educational agency receive the 
     services of the programs funded under this subpart; and
       ``(B) is subject to all the requirements, assurances, and 
     obligations applicable to local educational agencies under 
     this subpart.'';
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``A local educational 
     agency shall'' and inserting ``Subject to paragraph (2), a 
     local educational agency shall'';
       (ii) by redesignating paragraph (2) as paragraph (3); and
       (iii) by inserting after paragraph (1) the following:
       ``(2) Cooperative agreements.--A local educational agency 
     may enter into a cooperative agreement with an Indian tribe 
     under this subpart if such Indian tribe--
       ``(A) represents not less than 25 percent of the eligible 
     Indian children who are served by such local educational 
     agency; and
       ``(B) requests that the local educational agency enter into 
     a cooperative agreement under this subpart.''; and
       (C) by striking subsection (c) and inserting the following:
       ``(c) Indian Tribes and Indian Organizations.--
       ``(1) In general.--If a local educational agency that is 
     otherwise eligible for a grant under this subpart does not 
     establish a committee under section 7114(c)(4) for such 
     grant, an Indian tribe, an Indian organization, or a 
     consortium of such entities, that represents more than one-
     half of the eligible Indian children who are served by such 
     local educational agency may apply for such grant.
       ``(2) Unaffiliated indian tribes.--An Indian tribe that 
     operates a public school and that is not affiliated with 
     either a local educational agency or the Bureau of Indian 
     Education shall be eligible to apply for a grant under this 
     subpart.
       ``(3) Special rule.--
       ``(A) In general.--The Secretary shall treat each Indian 
     tribe, Indian organization, or consortium of such entities 
     applying for a grant pursuant to paragraph (1) or (2) as if 
     such tribe, Indian organization, or consortium were a local 
     educational agency for purposes of this subpart.
       ``(B) Exceptions.--Notwithstanding subparagraph (A), such 
     Indian tribe, Indian organization, or consortium shall not be 
     subject to the requirements of subsections (b)(7) or (c)(4) 
     of section 7114 or section 7118(c) or 7119.
       ``(4) Assurance to serve all indian children.--An Indian 
     tribe, Indian organization, or consortium of such entities 
     that is eligible to apply for a grant under paragraph (1) 
     shall include, in the application required under section 
     7114, an assurance that the entity will use the grant funds 
     to provide services to all Indian students served by the 
     local educational agency.
       ``(d) Indian Community-based Organization.--
       ``(1) In general.--If no local educational agency pursuant 
     to subsection (b), and no Indian tribe, Indian organization, 
     or consortium pursuant to subsection (c), applies for a grant 
     under this subpart, an Indian community-based organization 
     serving the community of the local educational agency may 
     apply for such grant.
       ``(2) Applicability of special rule.--The Secretary shall 
     apply the special rule in subsection (c)(3) to an Indian 
     community-based organization applying or receiving a grant 
     under paragraph (1) in the same manner as such rule applies 
     to an Indian tribe, Indian organization, or consortium.
       ``(3) Definition of indian community-based organization.--
     In this subsection, the term `Indian community-based 
     organization' means any organization that--
       ``(A) is composed primarily of Indian parents and community 
     members, tribal government education officials, and tribal 
     members from a specific community;
       ``(B) assists in the social, cultural, and educational 
     development of Indians in such community;
       ``(C) meets the unique cultural, language, and academic 
     needs of Indian students; and
       ``(D) demonstrates organizational capacity to manage the 
     grant.
       ``(e) Consortia.--
       ``(1) In general.--A local educational agency, Indian 
     tribe, or Indian organization that meets the eligibility 
     requirements under this section may form a consortium with 
     other eligible local educational agencies, Indian tribes, or 
     Indian organizations for the purpose of obtaining grants and 
     operating programs under this subpart.
       ``(2) Requirements.--In any case where 2 or more local 
     educational agencies, Indian tribes, or Indian organizations 
     that are eligible under subsection (b) form or participate in 
     a consortium to obtain a grant, or operate a program, under 
     this subpart, each local educational agency, Indian tribe, 
     and Indian organization participating in such a consortium 
     shall--
       ``(A) provide, in the application submitted under section 
     7114, an assurance that the eligible Indian children served 
     by such local educational agency, Indian tribe, and Indian 
     organization will receive the services of the programs funded 
     under this subpart; and
       ``(B) agree to be subject to all requirements, assurances, 
     and obligations applicable to a local educational agency, 
     Indian tribe, and Indian organization receiving a grant under 
     this subpart.'';
       (6) in section 7113--
       (A) in subsection (b)(1), by striking ``Bureau of Indian 
     Affairs'' and inserting ``Bureau of Indian Education''; and
       (B) in subsection (d)--
       (i) in the subsection heading, by striking ``Indian 
     Affairs'' and inserting ``Indian Education''; and
       (ii) in paragraph (1)(A)(i), by striking ``Bureau of Indian 
     Affairs'' and inserting ``Bureau of Indian Education'';
       (7) in section 7114--
       (A) in subsection (a), by inserting ``Indian tribe, or 
     consortia as described in section 7113(b)(2)'' after ``Each 
     local educational agency,'';
       (B) in subsection (b)--
       (i) in paragraph (2)--

       (I) in subparagraph (A), by striking ``is consistent with 
     the State and local plans'' and inserting ``supports the 
     State, tribal, and local plans''; and
       (II) by striking subparagraph (B) and inserting the 
     following:

       ``(B) includes program objectives and outcomes for 
     activities under this subpart that are based on the same 
     challenging State academic standards developed by the State 
     under title I for all students;'';
       (ii) by striking paragraph (3) and inserting the following:
       ``(3) explains how the local educational agency, tribe, or 
     consortium will use funds made available under this subpart 
     to supplement other Federal, State, and local programs that 
     meet the needs of such students;'';
       (iii) in paragraph (5)(B), by striking ``and'' after the 
     semicolon;
       (iv) in paragraph (6)--

       (I) in subparagraph (B)--

       (aa) in clause (i), by striking ``and'' after the 
     semicolon; and
       (bb) by adding at the end the following:
       ``(iii) the Indian tribes whose children are served by the 
     local educational agency, consistent with section 444 of the 
     General Education Provisions Act (20 U.S.C. 1232g) (commonly 
     referred to as the `Family Educational Rights and Privacy Act 
     of 1974'); and''; and

       (II) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and

       (v) by adding at the end the following:
       ``(7) describes the process the local educational agency 
     used to collaborate with Indian tribes located in the 
     community in the development of the comprehensive programs 
     and the actions taken as a result of such collaboration.'';
       (C) in subsection (c)--
       (i) in paragraph (1), by striking ``the education of Indian 
     children,'' and inserting ``services and activities 
     consistent with those described in this subpart,'';
       (ii) in paragraph (2)--

       (I) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (II) in subparagraph (B), by striking ``served by such 
     agency;'' and inserting ``served by such agency, and meet 
     program objectives and outcomes for activities under this 
     subpart; and''; and
       (III) by adding at the end the following:

       ``(C) determine the extent to which such activities address 
     the unique cultural, language, and educational needs of 
     Indian students;'';
       (iii) in paragraph (3)(C)--

       (I) by inserting ``representatives of Indian tribes on 
     Indian lands located within 50 miles of any school that the 
     agency will serve if such tribe has any children in such 
     school,'' after ``parents of Indian children and teachers,''; 
     and
       (II) by striking ``and'' after the semicolon;

       (iv) in paragraph (4)--

       (I) in subparagraph (A)--

       (aa) in clause (i), by inserting ``and family members'' 
     after ``parents'';
       (bb) by redesignating clauses (ii) and (iii) as clauses 
     (iii) and (iv), respectively; and
       (cc) by inserting after clause (i) the following:
       ``(ii) representatives of Indian tribes on Indian lands 
     located within 50 miles of any

[[Page S4761]]

     school that the agency will serve if such tribe has any 
     children in such school;'';

       (II) by striking subparagraph (B) and inserting the 
     following:

       ``(B) a majority of whose members are parents and family 
     members of Indian children and representatives of Indian 
     tribes described in subparagraph (A)(ii), as applicable;'';

       (III) in subparagraph (C), by inserting ``and family 
     members'' after ``, parents'';
       (IV) in subparagraph (D)(ii), by striking ``and'' after the 
     semicolon;
       (V) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (VI) by adding at the end the following:

       ``(F) that will determine the extent to which the 
     activities of the local educational agency will address the 
     unique cultural, linguistic, and educational needs of Indian 
     students;''; and
       (v) by adding at the end the following:
       ``(5) the local educational agency will coordinate 
     activities under this title with other Federal programs 
     supporting educational and related services administered by 
     such agency;
       ``(6) the local educational agency conducted outreach to 
     parents and family members to meet the requirements under 
     this paragraph; and
       ``(7) the local educational agency will use funds received 
     under this subpart only for activities described and 
     authorized in this subpart.''; and
       (D) by adding at the end the following:
       ``(d) Outreach.--The Secretary shall monitor the 
     applications for grants under this subpart to identify 
     eligible local educational agencies and schools operated by 
     the Bureau of Indian Education that have not applied for such 
     grants, and shall undertake appropriate outreach activities 
     to encourage and assist eligible entities to submit 
     applications for such grants.
       ``(e) Technical Assistance.--The Secretary shall, directly 
     or by contract, provide technical assistance to a local 
     educational agency or Bureau of Indian Education school upon 
     request (in addition to any technical assistance available 
     under other provisions of this Act or available through the 
     Institute of Education Sciences) to support the services and 
     activities provided under this subpart, including technical 
     assistance for--
       ``(1) the development of applications under this subpart;
       ``(2) improvement in the quality of implementation, 
     content, and evaluation of activities supported under this 
     subpart; and
       ``(3) integration of activities under this subpart with 
     other educational activities carried out by the local 
     educational agency.'';
       (8) in section 7115--
       (A) in subsection (a)--
       (i) in paragraph (1), by inserting ``solely for the 
     services and activities described in such application'' after 
     ``under section 7114(a)''; and
       (ii) in paragraph (2), by inserting ``to be responsive to 
     the unique learning styles of Indian and Alaska Native 
     children'' after ``Indian students'';
       (B) by striking subsection (b) and inserting the following:
       ``(b) Particular Activities.--The services and activities 
     referred to in subsection (a) may include--
       ``(1) activities that support Native American language 
     programs and Native American language restoration programs, 
     which may be taught by traditional leaders;
       ``(2) culturally related activities that support the 
     program described in the application submitted by the local 
     educational agency;
       ``(3) high-quality early childhood and family programs that 
     emphasize school readiness;
       ``(4) enrichment programs that focus on problem solving and 
     cognitive skills development and directly support the 
     attainment of challenging State academic standards described 
     in 1111(b);
       ``(5) integrated educational services in combination with 
     other programs that meet the needs of Indian children and 
     their families, including programs that promote parental 
     involvement in school activities and increase student 
     achievement;
       ``(6) career preparation activities to enable Indian 
     students to participate in programs such as the programs 
     supported by the Carl D. Perkins Career and Technical 
     Education Act of 2006, including programs for tech-prep 
     education, mentoring, and apprenticeship;
       ``(7) activities to educate individuals so as to prevent 
     violence, suicide, and substance abuse;
       ``(8) the acquisition of equipment, but only if the 
     acquisition of the equipment is essential to achieve the 
     purpose described in section 7111;
       ``(9) activities that promote the incorporation of 
     culturally responsive teaching and learning strategies into 
     the educational program of the local educational agency;
       ``(10) family literacy services;
       ``(11) activities that recognize and support the unique 
     cultural and educational needs of Indian children, and 
     incorporate appropriately qualified tribal elders and 
     seniors; and
       ``(12) dropout prevention strategies and strategies to--
       ``(A) meet the educational needs of at-risk Indian students 
     in correctional facilities; and
       ``(B) support Indian students who are transitioning from 
     such facilities to schools served by local educational 
     agencies.'';
       (C) in subsection (c)--
       (i) in paragraph (1), by striking ``and'' after the 
     semicolon;
       (ii) in paragraph (2), by striking the period and inserting 
     ``; and''; and
       (iii) by adding at the end the following:
       ``(3) the local educational agency identifies in its 
     application how the use of such funds in a schoolwide program 
     will provide benefits to Indian students.''; and
       (D) by adding at the end the following:
       ``(e) Limitation on Use of Funds.--Funds provided to a 
     grantee under this subpart may not be used for long-distance 
     travel expenses for training activities available locally or 
     regionally.'';
       (9) in section 7116--
       (A) in subsection (g)--
       (i) by striking ``No Child Left Behind Act of 2001'' and 
     inserting ``Every Child Achieves Act of 2015'';
       (ii) by inserting ``the Secretary of Health and Human 
     Services,'' after ``the Secretary of the Interior,''; and
       (iii) by inserting ``and coordination'' after ``providing 
     for the implementation''; and
       (B) in subsection (o)--
       (i) in paragraph (1), by striking ``Not later than 2 years 
     after the date of enactment of the No Child Left Behind Act 
     of 2001,'' and inserting ``Not later than 2 years after date 
     of enactment of the Every Child Achieves Act of 2015, and 
     every 5 years thereafter,''; and
       (ii) by striking paragraph (2) and inserting the following:
       ``(2) Contents.--The report required under paragraph (1) 
     shall identify--
       ``(A) any statutory barriers to the ability of participants 
     to more effectively integrate their education and related 
     services to Indian students in a manner consistent with the 
     objectives of this section; and
       ``(B) the effective practices for program integration that 
     result in increased student achievement, graduation rates, 
     and other relevant outcomes for Indian students.'';
       (10) in section 7117--
       (A) in subsection (b)(1)--
       (i) in subparagraph (A)(ii), by inserting ``or membership'' 
     after ``the enrollment''; and
       (ii) in subparagraph (B), by inserting ``or membership'' 
     after ``the enrollment'';
       (B) by striking subsection (e) and inserting the following:
       ``(e) Documentation.--
       ``(1) In general.--For purposes of determining whether a 
     child is eligible to be counted for the purpose of computing 
     the amount of a grant award under section 7113, the 
     membership of the child, or any parent or grandparent of the 
     child, in a tribe or band of Indians (as so defined) may be 
     established by proof other than an enrollment number, 
     notwithstanding the availability of an enrollment number for 
     a member of such tribe or band. Nothing in subsection (b) 
     shall be construed to require the furnishing of an enrollment 
     number.
       ``(2) No new or duplicate determinations.--Once a child is 
     determined to be an Indian eligible to be counted for such 
     grant award, the local educational agency shall maintain a 
     record of such determination and shall not require a new or 
     duplicate determination to be made for such child for a 
     subsequent application for a grant under this subpart.
       ``(3) Previously filed forms.--An Indian student 
     eligibility form that was on file as required by this section 
     on the day before the date of enactment of the Every Child 
     Achieves Act of 2015 and that met the requirements of this 
     section, as this section was in effect on the day before the 
     date of enactment of such Act, shall remain valid for such 
     Indian student.'';
       (C) in subsection (g), by striking ``Bureau of Indian 
     Affairs'' and inserting ``Bureau of Indian Education''; and
       (D) by adding at the end the following:
       ``(i) Technical Assistance.--The Secretary shall, directly 
     or through contract, provide technical assistance to a local 
     educational agency or Bureau of Indian Education school upon 
     request, in addition to any technical assistance available 
     under section 1114 or available through the Institute of 
     Education Sciences, to support the services and activities 
     described under this section, including for the--
       ``(1) development of applications under this section;
       ``(2) improvement in the quality of implementation, content 
     of activities, and evaluation of activities supported under 
     this subpart;
       ``(3) integration of activities under this title with other 
     educational activities established by the local educational 
     agency; and
       ``(4) coordination of activities under this title with 
     programs administered by each Federal agency providing grants 
     for the provision of educational and related services and 
     sharing of best practices.'';
       (11) in section 7118, by striking subsection (c) and 
     inserting the following:
       ``(c) Reduction of Payment for Failure To Maintain Fiscal 
     Effort.--Each local educational agency shall maintain fiscal 
     effort in accordance with section 9521 or be subject to 
     reduced payments under this subpart in accordance with such 
     section 9521.'';
       (12) in section 7121--
       (A) by striking the section header and inserting the 
     following:

     ``SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR 
                   INDIAN CHILDREN AND YOUTH.'';

       (B) in subsection (a)--

[[Page S4762]]

       (i) in paragraph (1), by inserting ``and youth'' after 
     ``Indian children''; and
       (ii) in paragraph (2)(B), by inserting ``and youth'' after 
     ``Alaska Native children'';
       (C) in subsection (b), by striking ``Indian institution 
     (including an Indian institution of higher education)'' and 
     inserting ``a Tribal College or University (as defined in 
     section 316(b) of the Higher Education Act of 1965)'';
       (D) in subsection (c)--
       (i) in paragraph (1)--

       (I) in subparagraph (A), by inserting ``and youth'' after 
     ``disadvantaged children'';
       (II) in subparagraph (B), by inserting ``and youth'' after 
     ``such children'';
       (III) in subparagraph (D), by inserting ``and youth'' after 
     ``Indian children'';
       (IV) in subparagraph (E), by inserting ``and youth'' after 
     ``Indian children'' both places the term appears;
       (V) by striking subparagraph (G) and inserting the 
     following:

       ``(G) high-quality early childhood education programs that 
     are effective in preparing young children to be making 
     sufficient academic progress by the end of grade 3, including 
     kindergarten and prekindergarten programs, family-based 
     preschool programs that emphasize school readiness, and the 
     provision of services to Indian children with 
     disabilities;''; and

       (VI) in subparagraph (L)--

       (aa) by striking ``appropriately qualified tribal elders 
     and seniors'' and inserting ``traditional leaders''; and
       (bb) by inserting ``and youth'' after ``Indian children'';
       (ii) in paragraph (2), by striking ``Professional 
     development'' and inserting ``High-quality professional 
     development'';
       (E) in subsection (d)--
       (i) in paragraph (1)(C), by striking ``make a grant payment 
     for a grant described in this paragraph to an eligible entity 
     after the initial year of the multiyear grant only if the 
     Secretary determines'' and inserting ``award grants for an 
     initial period of not more than 3 years and may renew such 
     grants for not more than an additional 2 years if the 
     Secretary determines''; and
       (ii) in paragraph (3)(B)--

       (I) in clause (i), by striking ``parents of Indian 
     children'' and inserting ``parents and family of Indian 
     children''; and
       (II) in clause (iii), by striking ``information 
     demonstrating that the proposed program for the activities is 
     a scientifically based research program'' and inserting 
     ``evidence demonstrating that the proposed program is an 
     evidence-based program''; and

       (F) by adding at the end the following:
       ``(f) Continuation.--Notwithstanding any other provision of 
     this section, a grantee that is carrying out activities 
     pursuant to a grant awarded under this section prior to the 
     date of enactment of the Every Child Achieves Act of 2015 may 
     continue to carry out such activities after such date of 
     enactment under such grant in accordance with the terms of 
     such grant award.'';
       (13) in section 7122--
       (A) in subsection (a)--
       (i) in the subsection heading, by striking ``Purposes'' and 
     inserting ``Purpose'';
       (ii) in the matter preceding paragraph (1), by striking 
     ``The purposes of this section are'' and inserting ``The 
     purpose of this section is'';
       (iii) in paragraph (1), by striking ``individuals in 
     teaching or other education professions that serve Indian 
     people'' and inserting ``or Alaska Native teachers and 
     administrators serving Indian or Alaska Native students'';
       (iv) in paragraph (2)--

       (I) by inserting ``and support'' after ``to provide 
     training'';
       (II) by inserting ``or Alaska Native'' after ``Indian'';
       (III) by striking ``teachers, administrators, teacher 
     aides'' and inserting ``effective teachers, principals, other 
     school leaders, administrators, teacher aides, counselors'';
       (IV) by striking ``ancillary educational personnel'' and 
     inserting ``specialized instructional support personnel''; 
     and
       (V) by striking ``and'' after the semicolon;

       (v) in paragraph (3)--

       (I) by inserting ``or Alaska Native'' after ``Indian''; and
       (II) by striking the period at the end and inserting ``; 
     and''; and

       (vi) by adding at the end the following:
       ``(4) to develop and implement initiatives to promote 
     retention of effective teachers, principals, and school 
     leaders who have a record of success in helping low-achieving 
     Indian or Alaska Native students improve their academic 
     achievement, outcomes, and preparation for postsecondary 
     education or the workforce without the need for postsecondary 
     remediation.'';
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``including an Indian 
     institution of higher education'' and inserting ``including a 
     Tribal College or University, as defined in section 316(b) of 
     the Higher Education Act of 1965''; and
       (ii) in paragraph (4), by inserting ``in a consortium with 
     at least one Tribal College or University, as defined in 
     section 316(b) of the Higher Education Act of 1965, where 
     feasible'' before the period at the end;
       (C) in subsection (d)--
       (i) in paragraph (1)--

       (I) in the first sentence--

       (aa) by inserting ``or Alaska Native'' after ``Indian''; 
     and
       (bb) by striking ``purposes'' and inserting ``purpose''; 
     and

       (II) by striking the second sentence and inserting ``Such 
     activities may include--''

       ``(A) continuing education programs, symposia, workshops, 
     and conferences;
       ``(B) teacher mentoring programs, professional guidance, 
     and instructional support provided by educators, local tribal 
     elders, or cultural experts, as appropriate for teachers 
     during their first 3 years of employment as teachers;
       ``(C) direct financial support; and
       ``(D) programs designed to train tribal elders and cultural 
     experts to assist those personnel referenced in subsection 
     (a)(2), as appropriate, with relevant Native language and 
     cultural mentoring, guidance, and support.''; and
       (ii) in paragraph (2), by adding at the end the following:
       ``(C) Continuation.--Notwithstanding any other provision of 
     this section, a grantee that is carrying out activities 
     pursuant to a grant awarded under this section prior to the 
     date of enactment of the Every Child Achieves Act of 2015 may 
     continue to carry out such activities under such grant in 
     accordance with the terms of that award.'';
       (D) by striking subsection (e) and inserting the following:
       ``(e) Application.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information, as the Secretary may reasonably require. At 
     a minimum, an application under this section shall describe 
     how the eligible entity will--
       ``(1) recruit qualified Indian or Alaska Native 
     individuals, such as students who may not be of traditional 
     college age, to become teachers, principals, or school 
     leaders;
       ``(2) use funds made available under the grant to support 
     the recruitment, preparation, and professional development of 
     Indian or Alaska Native teachers or principals in local 
     educational agencies that serve a high proportion of Indian 
     or Alaska Native students; and
       ``(3) assist participants in meeting the requirements under 
     subsection (h).'';
       (E) in subsection (f)--
       (i) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively;
       (ii) by inserting before paragraph (2), as redesignated by 
     clause (i), the following:
       ``(1) may give priority to tribally chartered and federally 
     chartered institutions of higher education;''; and
       (iii) in paragraph (3), as redesignated by clause (i), by 
     striking ``basis of'' and all that follows through the period 
     at the end and inserting ``basis of the length of any period 
     for which the eligible entity has received a grant.'';
       (F) by striking subsection (g) and inserting the following:
       ``(g) Grant Period.--The Secretary shall award grants under 
     this section for an initial period of not more than 3 years, 
     and may renew such grants for an additional period of not 
     more than 2 years if the Secretary finds that the grantee is 
     achieving the objectives of the grant.''; and
       (G) in subsection (h)(1)(A)(ii), by striking ``people'' and 
     inserting ``students in a local educational agency that 
     serves a high proportion of Indian or Alaska Native 
     students'';
       (14) by striking section 7132, as redesignated by section 
     7001(2), and inserting the following:

     ``SEC. 7132. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE 
                   PLANNING, DEVELOPMENT, AND COORDINATION.

       ``(a) In General.--The Secretary may award grants under 
     this section to eligible applicants to enable the eligible 
     applicants to--
       ``(1) promote tribal self-determination in education;
       ``(2) improve the academic achievement of Indian children 
     and youth; and
       ``(3) promote the coordination and collaboration of tribal 
     educational agencies with State and local educational 
     agencies to meet the unique educational and culturally 
     related academic needs of Indian students.
       ``(b) Definitions.--In this section:
       ``(1) Eligible applicant.--In this section, the term 
     `eligible applicant' means--
       ``(A) an Indian tribe or tribal organization approved by an 
     Indian tribe; or
       ``(B) a tribal educational agency.
       ``(2) Indian tribe.--The term `Indian tribe' means a 
     federally recognized tribe or a State-recognized tribe.
       ``(3) Tribal educational agency.--The term `tribal 
     educational agency' means the agency, department, or 
     instrumentality of an Indian tribe that is primarily 
     responsible for supporting tribal students' elementary and 
     secondary education.
       ``(c) Grant Program.--The Secretary may award grants to--
       ``(1) eligible applicants described under subsection 
     (b)(1)(A) to plan and develop a tribal educational agency, if 
     the tribe or organization has no current tribal educational 
     agency, for a period of not more than 1 year; and
       ``(2) eligible applicants described under subsection 
     (b)(1)(B), for a period of not more than 3 years, in order 
     to--
       ``(A) directly administer education programs, including 
     formula grant programs under this Act, consistent with State 
     law and under a written agreement between the parties;
       ``(B) build capacity to administer and coordinate such 
     education programs, and to improve the relationship and 
     coordination between such applicants and the State 
     educational agencies and local educational

[[Page S4763]]

     agencies that educate students from the tribe;
       ``(C) receive training and support from the State 
     educational agency and local educational agency, in areas 
     such as data collection and analysis, grants management and 
     monitoring, fiscal accountability, and other areas as needed;
       ``(D) train and support the State educational agency and 
     local educational agency in areas related to tribal history, 
     language, or culture;
       ``(E) build on existing activities or resources rather than 
     replacing other funds; and
       ``(F) carry out other activities, subject to the approval 
     of the Secretary.
       ``(d) Grant Application.--
       ``(1) In general.--Each eligible applicant desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, containing such 
     information, and consistent with such criteria, as the 
     Secretary may reasonably prescribe.
       ``(2) Contents.--Each application described in paragraph 
     (1) shall contain--
       ``(A) a statement describing the activities to be 
     conducted, and the objectives to be achieved, under the 
     grant;
       ``(B) a description of the method to be used for evaluating 
     the effectiveness of the activities for which assistance is 
     sought and for determining whether such objectives are 
     achieved; and
       ``(C) for applications for activities under subsection 
     (c)(2), evidence of--
       ``(i) a preliminary agreement with the appropriate State 
     educational agency, 1 or more local educational agencies, or 
     both the State educational agency and a local educational 
     agency; and
       ``(ii) existing capacity as a tribal educational agency.
       ``(3) Approval.--The Secretary may approve an application 
     submitted by an eligible applicant under this subsection only 
     if the Secretary is satisfied that such application, 
     including any documentation submitted with the application--
       ``(A) demonstrates that the eligible applicant has 
     consulted with other education entities, if any, within the 
     territorial jurisdiction of the applicant that will be 
     affected by the activities to be conducted under the grant;
       ``(B) provides for consultation with such other education 
     entities in the operation and evaluation of the activities 
     conducted under the grant; and
       ``(C) demonstrates that there will be adequate resources 
     provided under this section or from other sources to complete 
     the activities for which assistance is sought.
       ``(e) Restrictions.--
       ``(1) In general.--A tribe may not receive funds under this 
     section if such tribe receives funds under section 1140 of 
     the Education Amendments of 1978.
       ``(2) Direct services.--No funds under this section may be 
     used to provide direct services.
       ``(f) Supplement, Not Supplant.--Funds under this section 
     shall be used to supplement, and not supplant, other Federal, 
     State, and local programs that meet the needs of tribal 
     students.'';
       (15) in section 7141(b)(1), by inserting ``and the 
     Secretary of the Interior'' after ``advise the Secretary'';
       (16) in section 7151, by adding at the end the following:
       ``(4) Traditional leaders.--The term `traditional leaders' 
     has the meaning given the term in section 103 of the Native 
     American Languages Act (25 U.S.C. 2902).''; and
       (17) in section 7152--
       (A) in subsection (a), by striking ``$96,400,000 for fiscal 
     year 2002 and such sums as may be necessary for each of the 5 
     succeeding fiscal years'' and inserting ``such sums as may be 
     necessary for each of fiscal years 2016 through 2021''; and
       (B) in subsection (b) by striking ``$24,000,000 for fiscal 
     year 2002 and such sums as may be necessary for each of the 5 
     succeeding fiscal years'' and inserting ``such sums as may be 
     necessary for each of fiscal years 2016 through 2021''.

     SEC. 7002. NATIVE HAWAIIAN EDUCATION.

       Part B of title VII (20 U.S.C. 7511 et seq.) is amended--
       (1) in section 7202, by striking paragraphs (14) through 
     (21);
       (2) by striking section 7204 and inserting the following:

     ``SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL.

       ``(a) Grant Authorized.--In order to better effectuate the 
     purposes of this part through the coordination of educational 
     and related services and programs available to Native 
     Hawaiians, including those programs that receive funding 
     under this part, the Secretary shall award a grant to the 
     education council described under subsection (b).
       ``(b) Education Council.--
       ``(1) Eligibility.--To be eligible to receive the grant 
     under subsection (a), the council shall be an education 
     council (referred to in this section as the `Education 
     Council') that meets the requirements of this subsection.
       ``(2) Composition.--The Education Council shall consist of 
     15 members, of whom--
       ``(A) 1 shall be the President of the University of Hawaii 
     (or a designee);
       ``(B) 1 shall be the Governor of the State of Hawaii (or a 
     designee);
       ``(C) 1 shall be the Superintendent of the State of Hawaii 
     Department of Education (or a designee);
       ``(D) 1 shall be the chairperson of the Office of Hawaiian 
     Affairs (or a designee);
       ``(E) 1 shall be the executive director of Hawaii's Charter 
     School Network (or a designee);
       ``(F) 1 shall be the chief executive officer of the 
     Kamehameha Schools (or a designee);
       ``(G) 1 shall be the Chief Executive Officer of the Queen 
     Liliuokalani Trust (or a designee);
       ``(H) 1 shall be a member, selected by the other members of 
     the Education Council, who represents a private grant-making 
     entity;
       ``(I) 1 shall be the Mayor of the County of Hawaii (or a 
     designee);
       ``(J) 1 shall be the Mayor of Maui County (or a designee 
     from the Island of Maui);
       ``(K) 1 shall be the Mayor of the County of Kauai (or a 
     designee);
       ``(L) 1 shall be appointed by the Mayor of Maui County from 
     the Island of Molokai or the Island of Lanai;
       ``(M) 1 shall be the Mayor of the City and County of 
     Honolulu (or a designee);
       ``(N) 1 shall be the chairperson of the Hawaiian Homes 
     Commission (or a designee); and
       ``(O) 1 shall be the chairperson of the Hawaii Workforce 
     Development Council (or a designee representing the private 
     sector).
       ``(3) Requirements.--Any designee serving on the Education 
     Council shall demonstrate, as determined by the individual 
     who appointed such designee with input from the Native 
     Hawaiian community, not less than 5 years of experience as a 
     consumer or provider of Native Hawaiian educational or 
     cultural activities, with traditional cultural experience 
     given due consideration.
       ``(4) Limitation.--A member (including a designee), while 
     serving on the Education Council, shall not be a direct 
     recipient or administrator of grant funds that are awarded 
     under this part.
       ``(5) Term of members.--A member who is a designee shall 
     serve for a term of not more than 4 years.
       ``(6) Chair; vice chair.--
       ``(A) Selection.--The Education Council shall select a 
     Chairperson and a Vice-Chairperson from among the members of 
     the Education Council.
       ``(B) Term limits.--The Chairperson and Vice-Chairperson 
     shall each serve for a 2-year term.
       ``(7) Administrative provisions relating to education 
     council.--The Education Council shall meet at the call of the 
     Chairperson of the Council, or upon request by a majority of 
     the members of the Education Council, but in any event not 
     less often than every 120 days.
       ``(8) No compensation.--None of the funds made available 
     through the grant may be used to provide compensation to any 
     member of the Education Council or member of a working group 
     established by the Education Council, for functions described 
     in this section.
       ``(c) Use of Funds for Coordination Activities.--The 
     Education Council shall use funds made available through a 
     grant under subsection (a) to carry out each of the following 
     activities:
       ``(1) Providing advice about the coordination of, and 
     serving as a clearinghouse for, the educational and related 
     services and programs available to Native Hawaiians, 
     including the programs assisted under this part.
       ``(2) Assessing the extent to which such services and 
     programs meet the needs of Native Hawaiians, and collecting 
     data on the status of Native Hawaiian education.
       ``(3) Providing direction and guidance, through the 
     issuance of reports and recommendations, to appropriate 
     Federal, State, and local agencies in order to focus and 
     improve the use of resources, including resources made 
     available under this part, relating to Native Hawaiian 
     education, and serving, where appropriate, in an advisory 
     capacity.
       ``(4) Awarding grants, if such grants enable the Education 
     Council to carry out the activities described in paragraphs 
     (1) through (3).
       ``(5) Hiring an executive director, who shall assist in 
     executing the duties and powers of the Education Council, as 
     described in subsection (d).
       ``(d) Use of Funds for Technical Assistance.--The Education 
     Council shall use funds made available through a grant under 
     subsection (a) to--
       ``(1) provide technical assistance to Native Hawaiian 
     organizations that are grantees or potential grantees under 
     this part;
       ``(2) obtain from such grantees information and data 
     regarding grants awarded under this part, including 
     information and data about--
       ``(A) the effectiveness of such grantees in meeting the 
     educational priorities established by the Education Council, 
     as described in paragraph (6)(D), using metrics related to 
     these priorities; and
       ``(B) the effectiveness of such grantees in carrying out 
     any of the activities described in paragraphs (2) and (3) of 
     section 7205(a) that are related to the specific goals and 
     purposes of each grantee's grant project, using metrics 
     related to these priorities;
       ``(3) assess and define the educational needs of Native 
     Hawaiians;
       ``(4) assess the programs and services available to address 
     the educational needs of Native Hawaiians;
       ``(5) assess and evaluate the individual and aggregate 
     impact achieved by grantees under this part in improving 
     Native Hawaiian educational performance and meeting the goals

[[Page S4764]]

     of this part, using metrics related to these goals; and
       ``(6) prepare and submit to the Secretary, at the end of 
     each calendar year, an annual report that contains--
       ``(A) a description of the activities of the Education 
     Council during the calendar year;
       ``(B) a description of significant barriers to achieving 
     the goals of this part;
       ``(C) a summary of each community consultation session 
     described in subsection (e); and
       ``(D) recommendations to establish priorities for funding 
     under this part, based on an assessment of--
       ``(i) the educational needs of Native Hawaiians;
       ``(ii) programs and services available to address such 
     needs;
       ``(iii) the effectiveness of programs in improving the 
     educational performance of Native Hawaiian students to help 
     such students meet challenging State academic standards under 
     section 1111(b)(1); and
       ``(iv) priorities for funding in specific geographic 
     communities.
       ``(e) Use of Funds for Community Consultations.--The 
     Education Council shall use funds made available through the 
     grant under subsection (a) to hold not less than 1 community 
     consultation each year on each of the islands of Hawaii, 
     Maui, Molokai, Lanai, Oahu, and Kauai, at which--
       ``(1) not less than 3 members of the Education Council 
     shall be in attendance;
       ``(2) the Education Council shall gather community input 
     regarding--
       ``(A) current grantees under this part, as of the date of 
     the consultation;
       ``(B) priorities and needs of Native Hawaiians; and
       ``(C) other Native Hawaiian education issues; and
       ``(3) the Education Council shall report to the community 
     on the outcomes of the activities supported by grants awarded 
     under this part.
       ``(f) Funding.--For each fiscal year, the Secretary shall 
     use the amount described in section 7205(c)(2), to make a 
     payment under the grant. Funds made available through the 
     grant shall remain available until expended.'';
       (3) in section 7205--
       (A) in subsection (a)(1)--
       (i) in subparagraph (C), by striking ``and'' after the 
     semicolon;
       (ii) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (iii) by inserting after subparagraph (C) the following:
       ``(D) charter schools; and''; and
       (B) in subsection (c)--
       (i) in paragraph (1), by striking ``for fiscal year 2002 
     and each of the 5 succeeding 5 fiscal years'' and inserting 
     ``for each of fiscal years 2016 through 2021''; and
       (ii) in paragraph (2), by striking ``for fiscal year 2002 
     and each of the 5 succeeding fiscal years'' and inserting 
     ``for each of fiscal years 2016 through 2021''; and
       (4) in section 7207--
       (A) by redesignating paragraphs (1) through (6) as 
     paragraphs (2) through (7), respectively; and
       (B) by inserting before paragraph (2), as redesignated by 
     subparagraph (A), the following:
       ``(1) Community consultation.--The term `community 
     consultation' means a public gathering--
       ``(A) to discuss Native Hawaiian education concerns; and
       ``(B) about which the public has been given not less than 
     30 days notice.''.

     SEC. 7003. ALASKA NATIVE EDUCATION.

       Part C of title VII (20 U.S.C. 7541 et seq.) is amended--
       (1) in section 7302, by striking paragraphs (1) through (7) 
     and inserting the following:
       ``(1) It is the policy of the Federal Government to 
     maximize the leadership of and participation by Alaska Native 
     peoples in the planning and the management of Alaska Native 
     education programs and to support efforts developed by and 
     undertaken within the Alaska Native community to improve 
     educational opportunity for all students.
       ``(2) Many Alaska Native children enter and exit school 
     with serious educational disadvantages.
       ``(3) Overcoming the magnitude of the geographic 
     challenges, historical inequities, and other barriers to 
     successfully improving educational outcomes for Alaska Native 
     students in rural, village, and urban settings is 
     challenging. Significant disparities between academic 
     achievement of Alaska Native students and non-Native students 
     continues, including lower graduation rates, increased school 
     dropout rates, and lower achievement scores on standardized 
     tests.
       ``(4) The preservation of Alaska Native cultures and 
     languages and the integration of Alaska Native cultures and 
     languages into education, positive identity development for 
     Alaska Native students, and local, place-based, and culture-
     based programming are critical to the attainment of 
     educational success and the long-term well-being of Alaska 
     Native students.
       ``(5) Improving educational outcomes for Alaska Native 
     students increases access to employment opportunities.
       ``(6) The programs and activities authorized under this 
     part should be led by Alaska Native entities as a means of 
     increasing Alaska Native parent 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.'';
       (2) in section 7303--
       (A) in paragraph (1), by inserting ``and address'' after 
     ``To recognize'';
       (B) by striking paragraph (3);
       (C) by redesignating paragraph (2) as paragraph (4) and 
     paragraph (4) as paragraph (5);
       (D) by inserting after paragraph (1) the following:
       ``(2) To recognize the role of Alaska Native languages and 
     cultures in the educational success and long-term well-being 
     of Alaska Native students.
       ``(3) To integrate Alaska Native cultures and languages 
     into education, develop Alaska Native students' positive 
     identity, and support local place-based and culture-based 
     curriculum and programming.'';
       (E) in paragraph (4), as redesignated by subparagraph (C), 
     by striking ``of supplemental educational programs to benefit 
     Alaska Natives.'' and inserting ``, management, and expansion 
     of effective educational programs to benefit Alaska Native 
     peoples.''; and
       (F) by adding at the end the following:
       ``(6) To ensure the maximum participation by Alaska Native 
     educators and leaders in the planning, development, 
     implementation, management, and evaluation of programs 
     designed to serve Alaska Native students, and to ensure that 
     Alaska Native tribes and tribal organizations play a 
     meaningful role in providing supplemental educational 
     services to Alaska Native students.'';
       (3) by striking section 7304 and inserting the following:

     ``SEC. 7304. PROGRAM AUTHORIZED.

       ``(a) General Authority.--
       ``(1) Grants and contracts.--The Secretary is authorized to 
     make grants to, or enter into contracts with, any of the 
     following to carry out the purposes of this part:
       ``(A) Alaska Native tribes, Alaska Native tribal 
     organizations, or Alaska Native regional nonprofit 
     corporations with experience operating programs that fulfill 
     the purposes of this part.
       ``(B) Alaska Native tribes, Alaska Native tribal 
     organizations, or Alaska Native regional nonprofit 
     corporations without such experience that are in partnership 
     with--
       ``(i) a State educational agency or a local educational 
     agency; or
       ``(ii) Indian tribes, tribal organizations, or Alaska 
     Native regional nonprofit corporations that operate programs 
     that fulfill the purposes of this part.
       ``(C) An entity located in Alaska, and predominately 
     governed by Alaska Natives, that does not meet the definition 
     of an Alaska Native tribe, an Alaska Native tribal 
     organization, or an Alaska Native regional nonprofit 
     corporation, under this part, provided that the entity--
       ``(i) has experience operating programs that fulfill the 
     purposes of this part; and
       ``(ii) is granted an official charter or sanction, as 
     prescribed in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b), from at least one 
     Alaska Native tribe or Alaska Native tribal organization to 
     carry out programs that meet the purposes of this part.
       ``(2) Multi-year awards.--The recipient of a multi-year 
     award under this part, as this part was in effect prior to 
     the date of enactment of the Every Child Achieves Act of 
     2015, shall be eligible to receive continuation funds in 
     accordance with the terms of that award.
       ``(3) Mandatory activities.--Activities provided through 
     the programs carried out under this part shall include the 
     following:
       ``(A) The development and implementation of plans, methods, 
     strategies and activities to improve the educational outcomes 
     of Alaska Native peoples.
       ``(B) The collection of data to assist in the evaluation of 
     the programs carried out under this part.
       ``(4) Permissible activities.--Activities provided through 
     programs carried out under this part may include the 
     following:
       ``(A) The development of curricula and programs that 
     address the educational needs of Alaska Native students, 
     including the following:
       ``(i) Curriculum materials that reflect the cultural 
     diversity, languages, history, or the contributions of Alaska 
     Native people.
       ``(ii) Instructional programs that make use of Alaska 
     Native languages and cultures.
       ``(iii) Networks that develop, test, and disseminate best 
     practices and introduce successful programs, materials, and 
     techniques to meet the educational needs of Alaska Native 
     students in urban and rural schools.
       ``(iv) Methods to evaluate teachers' inclusion of diverse 
     Alaska Native cultures in their lesson plans.
       ``(B) Training and professional development activities for 
     educators, including the following:
       ``(i) Pre-service and in-service training and professional 
     development programs to prepare teachers to develop 
     appreciation for and understanding of Alaska Native history, 
     cultures, values, and ways of knowing and learning in order 
     to effectively address the

[[Page S4765]]

     cultural diversity and unique needs of Alaska Native students 
     and incorporate them into lesson plans and teaching methods.
       ``(ii) Recruitment and preparation of teachers who are 
     Alaska Native.
       ``(iii) Programs that will lead to the certification and 
     licensing of Alaska Native teachers, principals, other school 
     leaders, and superintendents.
       ``(C) Early childhood and parenting education activities 
     designed to improve the school readiness of Alaska Native 
     children, including--
       ``(i) the development and operation of home visiting 
     programs for Alaska Native preschool children, to ensure the 
     active involvement of parents in their children's education 
     from the earliest ages;
       ``(ii) training, education, and support, including in-home 
     visitation, for parents and caregivers of Alaska Native 
     children to improve parenting and caregiving skills 
     (including skills relating to discipline and cognitive 
     development, reading readiness, observation, storytelling, 
     and critical thinking);
       ``(iii) family literacy services;
       ``(iv) activities carried out under the Head Start Act;
       ``(v) programs for parents and their infants, from the 
     prenatal period of the infant through age 3;
       ``(vi) early childhood education programs; and
       ``(vii) Native language immersion within early childhood, 
     Head Start, or preschool programs.
       ``(D) The development and operation of student enrichment 
     programs, including those in science, technology, 
     engineering, and mathematics that--
       ``(i) are designed to prepare Alaska Native students to 
     excel in such subjects;
       ``(ii) provide appropriate support services to enable such 
     students to benefit from the programs; and
       ``(iii) include activities that recognize and support the 
     unique cultural and educational needs of Alaska Native 
     children and incorporate appropriately qualified Alaska 
     Native elders and other tradition bearers.
       ``(E) Research and data collection activities to determine 
     the educational status and needs of Alaska Native children 
     and adults and other such research and evaluation activities 
     related to programs funded under this part.
       ``(F) Activities designed to increase Alaska Native 
     students' graduation rates and assist Alaska Native students 
     to be prepared for postsecondary education or the workforce 
     without the need for postsecondary remediation, such as--
       ``(i) remedial and enrichment programs;
       ``(ii) culturally based education programs such as--

       ``(I) programs of study and other instruction in Alaska 
     Native history and ways of living to share the rich and 
     diverse cultures of Alaska Native peoples among Alaska Native 
     youth and elders, non-Native students and teachers, and the 
     larger community;
       ``(II) instructing Alaska Native youth in leadership, 
     communication, and Native culture, arts, and languages;
       ``(III) inter-generational learning and internship 
     opportunities to Alaska Native youth and young adults;
       ``(IV) cultural immersion activities;
       ``(V) culturally informed curricula intended to preserve 
     and promote Alaska Native culture;
       ``(VI) Native language instruction and immersion 
     activities;
       ``(VII) school-within-a-school model programs; and
       ``(VIII) college preparation and career planning; and

       ``(iii) holistic school or community-based support services 
     to enable such students to benefit from the supplemental 
     programs offered, including those that address family 
     instability, school climate, trauma, safety, and nonacademic 
     learning.
       ``(G) The establishment or operation of Native language 
     immersion nests or schools.
       ``(H) Student and teacher exchange programs, cross-cultural 
     immersion programs, and culture camps designed to build 
     mutual respect and understanding among participants.
       ``(I) Education programs for at-risk urban Alaska Native 
     students that are designed to improve academic proficiency 
     and graduation rates, utilize strategies otherwise 
     permissible under this part, and incorporate a strong data 
     collection and continuous evaluation component.
       ``(J) Strategies designed to increase parents' involvement 
     in their children's education.
       ``(K) Programs and strategies that provide technical 
     assistance and support to schools and communities to engage 
     adults in promoting the academic progress and overall well-
     being of Alaska Native people, such as through--
       ``(i) strength-based approaches to child and youth 
     development;
       ``(ii) positive youth-adult relationships; and
       ``(iii) improved conditions for learning (school climate, 
     student connection to school and community), and increased 
     connections between schools and families.
       ``(L) Career preparation activities to enable Alaska Native 
     children and adults to prepare for meaningful employment, 
     including programs providing tech-prep, mentoring, training, 
     and apprenticeship activities.
       ``(M) Provision of operational support and purchasing of 
     equipment, to develop regional vocational schools in rural 
     areas of Alaska, including boarding schools, for Alaska 
     Native students in grades 9 through 12, or at higher levels 
     of education, to provide the students with necessary 
     resources to prepare for skilled employment opportunities.
       ``(N) Regional leadership academies that demonstrate 
     effectiveness in building respect and understanding, and 
     fostering a sense of Alaska Native identity to promote their 
     pursuit of and success in completing higher education or 
     career training.
       ``(O) Other activities, consistent with the purposes of 
     this part, to meet the educational needs of Alaska Native 
     children and adults.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for each of fiscal years 2016 
     through 2021.'';
       (4) by striking section 7305 and inserting the following:

     ``SEC. 7305. FUNDS FOR ADMINISTRATIVE PURPOSES.

       ``Not more than 5 percent of funds provided to an award 
     recipient under this part for any fiscal year may be used for 
     administrative purposes.''; and
       (5) in section 7306--
       (A) in paragraph (1), by inserting ``(43 U.S.C. 1602(b)) 
     and includes the descendants of individuals so defined'' 
     after ``Settlement Act'';
       (B) by striking paragraph (2); and
       (C) by inserting after paragraph (1) the following:
       ``(2) Alaska native tribe.--The term `Alaska Native tribe' 
     has the meaning given the term `Indian tribe' in section 4 of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b), except that the term applies only to Indian 
     tribes in Alaska.
       ``(3) Alaska native tribal organization.--The term `Alaska 
     Native tribal organization' has the meaning given the term 
     `tribal organization' in section 4 of the Indian Self-
     Determination and Education Assistance Act, (25 U.S.C. 450b), 
     except that the term applies only to tribal organizations in 
     Alaska.
       ``(4) Alaska native regional nonprofit corporation.--The 
     term `Alaska Native regional nonprofit corporation' means an 
     organization listed in clauses (i) through (xii) of section 
     419(4)(B) of the Social Security Act (42 U.S.C. 619(4)(B)(i)-
     (xii)), or the successor of an entity so listed.''.

     SEC. 7004. NATIVE AMERICAN LANGUAGE IMMERSION SCHOOLS AND 
                   PROGRAMS.

       Title VII (20 U.S.C. 7401) is further amended by adding at 
     the end the following:

``PART D--NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE IMMERSION SCHOOLS 
                              AND PROGRAMS

     ``SEC. 7401. NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE 
                   IMMERSION SCHOOLS AND PROGRAMS.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to establish a grant program to support schools that 
     use Native American and Alaska Native languages as the 
     primary language of instruction;
       ``(2) to maintain, protect, and promote the rights and 
     freedom of Native Americans and Alaska Natives to use, 
     practice, maintain, and revitalize their languages, as 
     envisioned in the Native American Languages Act (25 U.S.C. 
     2901 et seq.); and
       ``(3) to support the Nation's First Peoples' efforts to 
     maintain and revitalize their languages and cultures, and to 
     improve student outcomes within Native American and Alaska 
     Native communities.
       ``(b) Program Authorized.--
       ``(1) In general.--From the amounts made available to carry 
     out this part, the Secretary may award grants to eligible 
     entities to develop and maintain, or to improve and expand, 
     programs that support schools, including prekindergarten 
     through postsecondary education sites and streams, using 
     Native American and Alaska Native languages as the primary 
     language of instruction.
       ``(2) Eligible entities.--In this section, the term 
     `eligible entity' means any of the following entities that 
     has a plan to develop and maintain, or to improve and expand, 
     programs that support the entity's use of Native American or 
     Alaska Native languages as the primary language of 
     instruction:
       ``(A) An Indian tribe.
       ``(B) A Tribal College or University (as defined in section 
     316 of the Higher Education Act of 1965).
       ``(C) A tribal education agency.
       ``(D) A local educational agency, including a public 
     charter school that is a local educational agency under State 
     law.
       ``(E) A school operated by the Bureau of Indian Education.
       ``(F) An Alaska Native Regional Corporation (as defined in 
     section 3 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1602)).
       ``(G) A private, tribal, or Alaska Native nonprofit 
     organization.
       ``(c) Application.--
       ``(1) In general.--An eligible entity that desires to 
     receive a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require, 
     including the following:
       ``(A) The name of the Native American or Alaska Native 
     language to be used for instruction at the school supported 
     by the eligible entity.
       ``(B) The number of students attending such school.

[[Page S4766]]

       ``(C) The number of present hours of instruction in or 
     through 1 or more Native American or Alaska Native languages 
     being provided to targeted students at such school, if any.
       ``(D) A description of how the applicant will--
       ``(i) use the funds provided to meet the purposes of this 
     part;
       ``(ii) implement the activities described in subsection 
     (f);
       ``(iii) ensure the implementation of rigorous academic 
     content; and
       ``(iv) ensure that students progress towards high-level 
     fluency goals.
       ``(E) Information regarding the school's organizational 
     governance or affiliations, including information about--
       ``(i) the school governing entity (such as a local 
     educational agency, tribal education agency or department, 
     charter organization, private organization, or other 
     governing entity);
       ``(ii) the school's accreditation status;
       ``(iii) any partnerships with institutions of higher 
     education; and
       ``(iv) any indigenous language schooling and research 
     cooperatives.
       ``(F) An assurance that--
       ``(i) the school is engaged in meeting State or tribally 
     designated proficiency levels for students, as may be 
     required by applicable Federal, State, or tribal law;
       ``(ii) the school provides assessments of students using 
     the Native American or Alaska Native language of instruction, 
     where possible;
       ``(iii) the qualifications of all instructional and 
     leadership personnel at such school is sufficient to deliver 
     high-quality education through the Native American or Alaska 
     Native language used in the school; and
       ``(iv) the school will collect and report to the public 
     data relative to student achievement and, if appropriate, 
     rates of high school graduation, career readiness, and 
     enrollment in postsecondary education or job training 
     programs, of students who are enrolled in the school's 
     programs.
       ``(2) Limitation.--The Secretary shall not give a priority 
     in awarding grants under this part based on the information 
     described in paragraph (1)(E).
       ``(3) Submission of certification.--
       ``(A) In general.--An eligible entity that is a public 
     elementary school or secondary school (including a public 
     charter school) or a non-tribal for-profit or nonprofit 
     organization shall submit, along with the application 
     requirements described in paragraph (1), a certification 
     described in subparagraph (B) indicating that the school has 
     the capacity to provide education primarily through a Native 
     American or Alaska Native language and that there are 
     sufficient speakers of the target language at the school or 
     available to be hired by the school.
       ``(B) Certification.--The certification described in 
     subparagraph (A) shall be from one of the following entities, 
     on whose land the school is located, that is an entity served 
     by such school, or that is an entity whose members (as 
     defined by that entity) are served by the school:
       ``(i) A Tribal College or University (as defined in section 
     316 of the Higher Education Act of 1965).
       ``(ii) A federally recognized Indian tribe or tribal 
     organization.
       ``(iii) An Alaska Native Regional Corporation or an Alaska 
     Native nonprofit organization.
       ``(iv) A Native Hawaiian organization.
       ``(d) Awarding of Grants.--In awarding grants under this 
     section, the Secretary shall--
       ``(1) determine the amount of each grant and the duration 
     of each grant, which shall not exceed 3 years; and
       ``(2) ensure, to the maximum extent feasible, that 
     diversity in languages is represented.
       ``(e) Activities Authorized.--
       ``(1) Required activities.--An eligible entity that 
     receives a grant under this section shall use such funds to 
     carry out the following activities:
       ``(A) Supporting Native American or Alaska Native language 
     education and development.
       ``(B) Providing professional development for teachers and, 
     as appropriate, staff and administrators to strengthen the 
     overall language and academic goals of the school that will 
     be served by the grant program.
       ``(C) Carrying out other activities that promote the 
     maintenance and revitalization of the Native American or 
     Alaska Native language relevant to the grant program.
       ``(2) Allowable activities.--An eligible entity that 
     receives a grant under this section may use such funds to 
     carry out the following activities:
       ``(A) Developing or refining curriculum, including teaching 
     materials and activities, as appropriate.
       ``(B) Creating or refining assessments written in the 
     Native American or Alaska Native language of instruction that 
     measure student proficiency and that are aligned with State 
     or tribal academic standards.
       ``(f) Report to Secretary.--Each eligible entity that 
     receives a grant under this part shall provide an annual 
     report to the Secretary in such form and manner as the 
     Secretary may require.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for fiscal years 2016 through 
     2021.''.

     SEC. 7005. IMPROVING INDIAN STUDENT DATA COLLECTION, 
                   REPORTING, AND ANALYSIS.

       (a) In General.--The Comptroller General, in consultation 
     with the Secretary of Education, the Secretary of the 
     Interior, and tribal communities, shall carry out a study 
     that examines the following:
       (1) The representation, at the time of the study, of Indian 
     students in national, State, local, and tribal educational 
     reporting required by law.
       (2) The varying ways that individuals are identified as 
     American Indian and Alaska Native (for example, such as 
     through self-reporting or tribal enrollment records) at the 
     time of the study, by national, State, local, and tribal 
     educational reporting systems, and the impact that such 
     variation has on data analysis or statistical trend 
     comparability across such systems.
       (3) How reporting of data within the Indian student 
     population can be improved to facilitate comparisons 
     between--
       (A) Indian students living in urban and rural settings;
       (B) Indian students living in tribal communities, areas 
     with large Indian populations, and in areas with a low 
     percentage of Indian population; and
       (C) any other classifications that the Comptroller General 
     determines are significant.
       (4) The timeliness of Indian student record transfer 
     between schools and other entities or individuals who may 
     receive student records in accordance with the requirements 
     of section 444 of the General Education Provisions Act ((20 
     U.S.C.1232g); commonly referred to as the ``Family 
     Educational Rights and Privacy Act of 1974'').
       (5) The effectiveness and usefulness for parental, student, 
     Federal, State, tribal, and local educational stakeholders of 
     the findings and structure of the National Indian Education 
     Study conducted by the National Center for Education 
     Statistics in conjunction with the National Assessment of 
     Educational Progress described under section 303 of the 
     National Assessment of Educational Progress Authorization Act 
     (20 U.S.C. 9622).
       (6) Any other areas of Indian student data collection, 
     reporting, and analysis, as determined by the Comptroller 
     General.
       (b) Reporting.--
       (1) Recipients.--The Comptroller General shall prepare and 
     submit reports setting forth the conclusions of the study 
     described in subsection (a), in accordance with subsection 
     (c), to each of the following:
       (A) The Committee on Indian Affairs of the Senate.
       (B) The Committee on Health, Education, Labor, and Pensions 
     of the Senate.
       (C) The Committee on Education and the Workforce of the 
     House of Representatives.
       (D) The Subcommittee on Indian, Insular, and Alaska Native 
     Affairs of the House of Representatives.
       (2) Future legislation.--The Comptroller General shall 
     include in the reports described in subsection (b) 
     recommendations to inform future legislation regarding the 
     collection, reporting, and analysis of Indian student data.
       (c) Timeframe.--The Comptroller General shall--
       (1) submit not less than 1 report addressing 1 or more of 
     the areas identified in paragraphs (1) through (6) of 
     subsection (a) not later than 18 months after the enactment 
     of this section; and
       (2) submit any other reports necessary to address the areas 
     identified in paragraphs (1) through (6) of subsection (a) 
     not later than 5 years after the enactment of this section.

                         TITLE VIII--IMPACT AID

     SEC. 8001. PURPOSE.

       Section 8001 (20 U.S.C. 7701) is amended in the matter 
     preceding paragraph (1), by striking ``challenging State 
     standards'' and inserting ``the same challenging State 
     academic standards''.

     SEC. 8002. AMENDMENT TO IMPACT AID IMPROVEMENT ACT OF 2012.

       Section 563(c) of the National Defense Authorization Act 
     for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1748; 20 
     U.S.C. 7702 note) is amended--
       (1) by striking paragraphs (1) and (4); and
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively.

     SEC. 8003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL 
                   PROPERTY.

       Section 8002 (20 U.S.C. 7702) is amended--
       (1) in subsection (b)(3), by striking subparagraph (B) and 
     inserting the following:
       ``(B) Special rule.--In the case of Federal property 
     eligible under this section that is within the boundaries of 
     2 or more local educational agencies that are eligible under 
     this section, any of such agencies may ask the Secretary to 
     calculate (and the Secretary shall calculate) the taxable 
     value of the eligible Federal property that is within its 
     boundaries by--
       ``(i) first calculating the per-acre value of the eligible 
     Federal property separately for each eligible local 
     educational agency that shared the Federal property, as 
     provided in subparagraph (A)(ii);
       ``(ii) then averaging the resulting per-acre values of the 
     eligible Federal property from each eligible local 
     educational agency that shares the Federal property; and
       ``(iii) then applying the average per-acre value to 
     determine the total taxable value of the eligible Federal 
     property under subparagraph (A)(iii) for the requesting local 
     educational agency.'';

[[Page S4767]]

       (2) in subsection (e)(2), by adding at the end the 
     following: ``For each fiscal year beginning with fiscal year 
     2015, the Secretary shall treat local educational agencies 
     chartered in 1871 having more than 70 percent of the county 
     in Federal ownership as meeting the eligibility requirements 
     of subparagraphs (A) and (C) of subsection (a)(1). For each 
     fiscal year beginning with fiscal year 2015, the Secretary 
     shall treat local educational agencies that serve a county 
     chartered or formed in 1734 having more than 24 percent of 
     the county in Federal ownership as meeting the eligibility 
     requirements of subparagraphs (A) and (C) of subsection 
     (a)(1).'';
       (3) by striking subsection (f) and inserting the following:
       ``(f) Special Rule.--Beginning with fiscal year 2015, a 
     local educational agency shall be deemed to meet the 
     requirements of subsection (a)(1)(C) if the agency was 
     eligible under paragraph (1) or (3) of this subsection, as 
     such subsection was in effect on the day before the date of 
     enactment of the Every Child Achieves Act of 2015.'';
       (4) in subsection (h)(4), by striking ``For each local 
     educational agency that received a payment under this section 
     for fiscal year 2010 through the fiscal year in which the 
     Impact Aid Improvement Act of 2012 is enacted'' and inserting 
     ``For each local educational agency that received a payment 
     under this section for fiscal year 2010 or any succeeding 
     fiscal year'';
       (5) by striking subsection (k); and
       (6) by redesignating subsections (l), (m), and (n), as 
     subsections (j), (k), and (l), respectively.

     SEC. 8004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED 
                   CHILDREN.

       Section 8003 (20 U.S.C. 7703) is amended--
       (1) in subsection (a)(5)(A), by striking ``to be children'' 
     and all that follows through the period at the end and 
     inserting ``or under lease of off-base property under 
     subchapter IV of chapter 169 of title 10, United States Code, 
     to be children described under paragraph (1)(B), if the 
     property described is--''
       ``(i) within the fenced security perimeter of the military 
     facility; or
       ``(ii) attached to, and under any type of force protection 
     agreement with, the military installation upon which such 
     housing is situated.;''.
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking subparagraph (E); and
       (ii) by redesignating subparagraphs (F) and (G) as 
     subparagraphs (E) and (F), respectively;
       (B) in paragraph (2), by striking subparagraphs (B) through 
     (H) and inserting the following:
       ``(B) Eligibility for heavily impacted local educational 
     agencies.--
       ``(i) In general.--A heavily impacted local educational 
     agency is eligible to receive a basic support payment under 
     subparagraph (A) with respect to a number of children 
     determined under subsection (a)(1) if the agency--

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

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

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

       ``(aa) has an enrollment of children described in 
     subsection (a)(1) that constitutes a percentage of the total 
     student enrollment of the agency that is not less than 45 
     percent;
       ``(bb) has a per-pupil expenditure that is less than--
       ``(AA) for an agency that has a total student enrollment of 
     500 or more students, 125 percent of the average per-pupil 
     expenditure of the State in which the agency is located; or
       ``(BB) for any agency that has a total student enrollment 
     less than 500, 150 percent of the average per-pupil 
     expenditure of the State in which the agency is located or 
     the average per-pupil expenditure of 3 or more comparable 
     local educational agencies in the State in which the agency 
     is located; and
       ``(cc) is an agency that--
       ``(AA) has a tax rate for general fund purposes that is not 
     less than 95 percent of the average tax rate for general fund 
     purposes of comparable local educational agencies in the 
     State; or
       ``(BB) was eligible to receive a payment under this 
     subsection for fiscal year 2013 and is located in a State 
     that by State law has eliminated ad valorem tax as a revenue 
     for local educational agencies;

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

       ``(aa) has a tax rate for general fund purposes which is 
     not less than 125 percent of the average tax rate for general 
     fund purposes for comparable local educational agencies in 
     the State; and
       ``(bb)(AA) has an enrollment of children described in 
     subsection (a)(1) that constitutes a percentage of the total 
     student enrollment of the agency that is not less than 30 
     percent; or
       ``(BB) has an enrollment of children described in 
     subsection (a)(1) that constitutes a percentage of the total 
     student enrollment of the agency that is not less than 20 
     percent, and for the 3 fiscal years preceding the fiscal year 
     for which the determination is made, the average enrollment 
     of children who are not described in subsection (a)(1) and 
     who are eligible for a free or reduced price lunch under the 
     Richard B. Russell National School Lunch Act constitutes a 
     percentage of the total student enrollment of the agency that 
     is not less than 65 percent;

       ``(IV) is a local educational agency that has a total 
     student enrollment of not less than 25,000 students, of 
     which--

       ``(aa) not less than 50 percent are children described in 
     subsection (a)(1); and
       ``(bb) not less than 5,000 of such children are children 
     described in subparagraphs (A) and (B) of subsection (a)(1); 
     or

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

       ``(aa) has an enrollment of children described in 
     subsection (a)(1) including, for purposes of determining 
     eligibility, those children described in subparagraphs (F) 
     and (G) of such subsection, that is not less than 35 percent 
     of the total student enrollment of the agency;
       ``(bb) has a per-pupil expenditure that is less than the 
     average per-pupil expenditure of the State in which the 
     agency is located or the average per-pupil expenditure of all 
     States (whichever average per-pupil expenditure is greater), 
     except that a local educational agency with a total student 
     enrollment of less than 350 students shall be deemed to have 
     satisfied such per-pupil expenditure requirement, and has a 
     tax rate for general fund purposes which is not less than 95 
     percent of the average tax rate for general fund purposes of 
     local educational agencies in the State; and
       ``(cc) was eligible to receive assistance under 
     subparagraph (A) for fiscal year 2001.
       ``(ii) Loss of eligibility.--

       ``(I) In general.--Subject to subclause (II), a heavily 
     impacted local educational agency that met the requirements 
     of clause (i) for a fiscal year shall be ineligible to 
     receive a basic support payment under subparagraph (A) if the 
     agency fails to meet the requirements of clause (i) for a 
     subsequent fiscal year, except that such agency shall 
     continue to receive a basic support payment under this 
     paragraph for the fiscal year for which the ineligibility 
     determination is made.
       ``(II) Loss of eligibility due to falling below 95 percent 
     of the average tax rate for general fund purposes.--In a case 
     of a heavily impacted local educational agency that is 
     eligible to receive a basic support payment under 
     subparagraph (A), but that has had, for 2 consecutive fiscal 
     years, a tax rate for general fund purposes that falls below 
     95 percent of the average tax rate for general fund purposes 
     of comparable local educational agencies in the State, such 
     agency shall be determined to be ineligible under clause (i) 
     and ineligible to receive a basic support payment under 
     subparagraph (A) for each fiscal year succeeding such 2 
     consecutive fiscal years for which the agency has such a tax 
     rate for general fund purposes, and until the fiscal year for 
     which the agency resumes such eligibility in accordance with 
     clause (iii).
       ``(III) Taken over by state board of education.--In the 
     case of a heavily impacted local educational agency that is 
     eligible to receive a basic support payment under 
     subparagraph (A), but that has been taken over by a State 
     board of education in 2 previous years, such agency shall be 
     deemed to maintain heavily impacted status for 2 fiscal years 
     following the date of enactment of the Every Child Achieves 
     Act of 2015.

       ``(iii) Resumption of eligibility.--A heavily impacted 
     local educational agency described in clause (i) that becomes 
     ineligible under such clause for 1 or more fiscal years may 
     resume eligibility for a basic support payment under this 
     paragraph for a subsequent fiscal year only if the agency 
     meets the requirements of clause (i) for that subsequent 
     fiscal year, except that such agency shall not receive a 
     basic support payment under this paragraph until the fiscal 
     year succeeding the fiscal year for which the eligibility 
     determination is made.
       ``(C) Maximum amount for heavily impacted local educational 
     agencies.--
       ``(i) In general.--Except as provided in subparagraph (D), 
     the maximum amount that a heavily impacted local educational 
     agency is eligible to receive under this paragraph for any 
     fiscal year is the sum of the total weighted student units, 
     as computed under subsection (a)(2) and subject to clause 
     (ii), multiplied by the greater of--

       ``(I) four-fifths of the average per-pupil expenditure of 
     the State in which the local educational agency is located 
     for the third fiscal year preceding the fiscal year for which 
     the determination is made; or
       ``(II) four-fifths of the average per-pupil expenditure of 
     all of the States for the third fiscal year preceding the 
     fiscal year for which the determination is made.

       ``(ii) Calculation of weighted student units.--

       ``(I) In general.--

       ``(aa) In general.--For a local educational agency in which 
     35 percent or more of the total student enrollment of the 
     schools of the agency are children described in subparagraph 
     (D) or (E) (or a combination thereof) of subsection (a)(1), 
     and that has an enrollment of children described in 
     subparagraph (A), (B), or (C) of such subsection equal to at 
     least 10 percent of the agency's total enrollment, the 
     Secretary shall calculate the weighted student units of those 
     children described in subparagraph (D) or (E) of such 
     subsection by multiplying the number of such children by a 
     factor of 0.55.
       ``(bb) Exception.--Notwithstanding item (aa), a local 
     educational agency that received a payment under this 
     paragraph for fiscal year 2013 shall not be required to have 
     an enrollment of children described in subparagraph (A), (B), 
     or (C) of subsection (a)(1) equal to at least 10 percent of 
     the agency's

[[Page S4768]]

     total enrollment and shall be eligible for the student weight 
     as provided for in item (aa).

       ``(II) Enrollment of 100 or fewer children.--For a local 
     educational agency that has an enrollment of 100 or fewer 
     children described in subsection (a)(1), the Secretary shall 
     calculate the total number of weighted student units for 
     purposes of subsection (a)(2) by multiplying the number of 
     such children by a factor of 1.75.
       ``(III) Enrollment of more than 100 children but less than 
     1000.--For a local educational agency that is not described 
     under subparagraph (B)(i)(I) and has an enrollment of more 
     than 100 but not more than 1,000 children described in 
     subsection (a)(1), the Secretary shall calculate the total 
     number of weighted student units for purposes of subsection 
     (a)(2) by multiplying the number of such children by a factor 
     of 1.25.

       ``(D) Maximum amount for large heavily impacted local 
     educational agencies.--
       ``(i) In general.--

       ``(I) In general.--Subject to clause (ii), the maximum 
     amount that a heavily impacted local educational agency 
     described in subclause (II) is eligible to receive under this 
     paragraph for any fiscal year shall be determined in 
     accordance with the formula described in paragraph (1)(C).
       ``(II) Heavily impacted local educational agency.--A 
     heavily impacted local educational agency described in this 
     subclause is a local educational agency that has a total 
     student enrollment of not less than 25,000 students, of which 
     not less than 50 percent are children described in subsection 
     (a)(1) and not less than 5,000 of such children are children 
     described in subparagraphs (A) and (B) of subsection (a)(1).

       ``(ii) Factor.--For purposes of calculating the maximum 
     amount described in clause (i), the factor used in 
     determining the weighted student units under subsection 
     (a)(2) with respect to children described in subparagraphs 
     (A) and (B) of subsection (a)(1) shall be 1.35.
       ``(E) Data.--For purposes of providing assistance under 
     this paragraph the Secretary shall use student, revenue, 
     expenditure, and tax data from the third fiscal year 
     preceding the fiscal year for which the local educational 
     agency is applying for assistance under this paragraph.
       ``(F) Determination of average tax rates for general fund 
     purposes.--
       ``(i) In general.--Except as provided in clause (ii), for 
     the purpose of determining the average tax rates for general 
     fund purposes for local educational agencies in a State under 
     this paragraph, the Secretary shall use either--

       ``(I) the average tax rate for general fund purposes for 
     comparable local educational agencies, as determined by the 
     Secretary in regulations; or
       ``(II) the average tax rate of all the local educational 
     agencies in the State.

       ``(ii) Fiscal years 2010-2015.--

       ``(I) In general.--For fiscal years 2010 through 2015, any 
     local educational agency that was found ineligible to receive 
     a payment under subparagraph (A) because the Secretary 
     determined that it failed to meet the average tax rate 
     requirement for general fund purposes in subparagraph 
     (B)(i)(II)(cc)(AA), shall be considered to have met that 
     requirement, if its State determined, through an alternate 
     calculation of average tax rates for general fund purposes, 
     that such local educational agency met that requirement.
       ``(II) Subsequent fiscal years after 2015.--For any 
     succeeding fiscal year after 2015, any local educational 
     agency identified in subclause (I) may continue to have its 
     State use that alternate methodology to calculate whether the 
     average tax rate requirement for general fund purposes under 
     subparagraph (B)(i)(II)(cc)(AA) is met.
       ``(III) Availability of funds.--Notwithstanding any other 
     provision of law limiting the period during which the 
     Secretary may obligate funds appropriated for any fiscal year 
     after 2012, the Secretary shall reserve an amount equal to a 
     total of $14,000,000 from funds that remain unobligated under 
     this section from fiscal years 2013 or 2014 in order to make 
     payments under this clause for fiscal years 2011 through 
     2014.

       ``(G) Eligibility for heavily impacted local educational 
     agencies affected by privatization of military housing.--
       ``(i) Eligibility.--For any fiscal year, a heavily impacted 
     local educational agency that received a basic support 
     payment under this paragraph for the prior fiscal year, but 
     is ineligible for such payment for the current fiscal year 
     under subparagraph (B), (C), or (D), as the case may be, due 
     to of the conversion of military housing units to private 
     housing described in clause (iii), or as the direct result of 
     base realignment and closure or modularization as determined 
     by the Secretary of Defense and force structure change or 
     force relocation, shall be deemed to meet the eligibility 
     requirements under subparagraph (B) or (C), as the case may 
     be, for the period during which the housing units are 
     undergoing such conversion or during such time as activities 
     associated with base closure and realignment, modularization, 
     force structure change, or force relocation are ongoing.
       ``(ii) Amount of payment.--The amount of a payment to a 
     heavily impacted local educational agency for a fiscal year 
     by reason of the application of clause (i), and calculated in 
     accordance with subparagraph (C) or (D), as the case may be, 
     shall be based on the number of children in average daily 
     attendance in the schools of such agency for the fiscal year 
     and under the same provisions of subparagraph (C) or (D) 
     under which the agency was paid during the prior fiscal year.
       ``(iii) Conversion of military housing units to private 
     housing described.--For purposes of clause (i), `conversion 
     of military housing units to private housing' means the 
     conversion of military housing units to private housing units 
     pursuant to subchapter IV of chapter 169 of title 10, United 
     States Code, or pursuant to any other related provision of 
     law.''; and
       (C) in paragraph (3)--
       (i) in subparagraph (B), by striking clause (iii) and 
     inserting the following:
       ``(iii) In the case of a local educational agency providing 
     a free public education to students enrolled in kindergarten 
     through grade 12, that enrolls students described in 
     subparagraphs (A), (B), and (D) of subsection (a)(1) only in 
     grades 9 through 12, and that received a final payment in 
     fiscal year 2009 calculated under this paragraph (as this 
     paragraph was in effect on the day before the date of 
     enactment of the Every Child Achieves Act of 2015) for 
     students in grades 9 through 12, the Secretary shall, in 
     calculating the agency's payment, consider only that portion 
     of such agency's total enrollment of students in grades 9 
     through 12 when calculating the percentage under clause 
     (i)(I) and only that portion of the total current 
     expenditures attributed to the operation of grades 9 through 
     12 in such agency when calculating the percentage under 
     clause (i)(II).'';
       (ii) in subparagraph (C), by striking ``subparagraph (D) or 
     (E) of paragraph (2),'' and inserting ``subparagraph (C) or 
     (D) of paragraph (2)''; and
       (iii) by striking subparagraph (D) and inserting the 
     following:
       ``(D) Ratable distribution.--For fiscal years described in 
     subparagraph (A), for which the sums available exceed the 
     amount required to pay each local educational agency 100 
     percent of its threshold payment, the Secretary shall 
     distribute the excess sums to each eligible local educational 
     agency that has not received its full amount computed under 
     paragraphs (1) or (2) (as the case may be) by multiplying--
       ``(i) a percentage, the denominator of which is the 
     difference between the full amount computed under paragraph 
     (1) or (2) (as the case may be) for all local educational 
     agencies and the amount of the threshold payment (as 
     calculated under subparagraphs (B) and (C)) of all local 
     educational agencies, and the numerator of which is the 
     aggregate of the excess sums, by
       ``(ii) the difference between the full amount computed 
     under paragraph (1) or (2) (as the case may be) for the 
     agency and the amount of the threshold payment (as calculated 
     under subparagraphs (B) or (C)) of the agency, except that no 
     local educational agency shall receive more than 100 percent 
     of the maximum payment calculated under subparagraphs (C) or 
     (D) of paragraph (2).
       ``(E) Insufficient payments.--For each fiscal year 
     described in subparagraph (A) for which the sums appropriated 
     are insufficient to pay each local educational agency all of 
     the local educational agency's threshold payment described in 
     subparagraph (B), the Secretary shall ratably reduce the 
     payment to each local educational agency under this 
     paragraph.
       ``(F) Provision of tax rate and resulting percentage.--The 
     Secretary shall provide the local educational agency's tax 
     rate and the resulting percentage to each eligible local 
     educational agency immediately following the payments of 
     funds under paragraph (2).''; and
       (D) in paragraph (4)(B), by striking ``subparagraph (D) or 
     (E)'' and inserting ``subparagraph (C) or (D)'';
       (3) in subsection (c), by striking paragraph (2) and 
     inserting the following:
       ``(2) Exception.--Calculation of payments for a local 
     educational agency shall be based on data from the fiscal 
     year for which the agency is making an application for 
     payment if such agency--
       ``(A) is newly established by a State, for the first year 
     of operation of such agency only;
       ``(B) was eligible to receive a payment under this section 
     for the previous fiscal year and has had an overall increase 
     in enrollment (as determined by the Secretary in consultation 
     with the Secretary of Defense, the Secretary of Interior, or 
     the heads of other Federal agencies)--
       ``(i) of not less than 10 percent, or 100 students, of 
     children described in--

       ``(I) subparagraph (A), (B), (C), or (D) of subsection 
     (a)(1); or
       ``(II) subparagraphs (F) and (G) of subsection (a)(1), but 
     only to the extent such children are civilian dependents of 
     employees of the Department of Defense or the Department of 
     Interior; and

       ``(ii) that is the direct result of closure or realignment 
     of military installations under the base closure process or 
     the relocation of members of the Armed Forces and civilian 
     employees of the Department of Defense as part of the force 
     structure changes or movements of units or personnel between 
     military installations or because of actions initiated by the 
     Secretary of the Interior or the head of another Federal 
     agency; or
       ``(C) was eligible to receive a payment under this section 
     for the previous fiscal year and has had an increase in 
     enrollment (as determined by the Secretary)--
       ``(i) of not less than 10 percent of children described in 
     subsection (a)(1) or not less than 100 of such children; and

[[Page S4769]]

       ``(ii) that is the direct result of the closure of a local 
     educational agency that received a payment under subsection 
     (b)(1) or (b)(2) in the previous fiscal year.'';
       (4) in subsection (d)--
       (A) in the subsection heading, by striking ``Children'' and 
     inserting ``Students'';
       (B) in paragraph (1), by striking ``children'' both places 
     the term appears and inserting ``students''; and
       (C) in paragraph (2), by striking ``children'' and 
     inserting ``students'';
       (5) in subsection (e)--
       (A) by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) In general.--
       ``(A) In general.--In the case of any local educational 
     agency whose payment under subsection (b) for a fiscal year 
     is determined to be reduced by an amount greater than 
     $5,000,000 or by 20 percent, as compared to the amount 
     received for the previous fiscal year, the Secretary shall, 
     subject to subparagraph (B), pay a local educational agency, 
     for each of the 3 years following the reduction under 
     subsection (b), the amount determined under subparagraph (B).
       ``(B) Amount of reduction.--Subject to subparagraph (C), a 
     local educational agency described in subparagraph (A) shall 
     receive--
       ``(i) for the first year for which the reduced payment is 
     determined, an amount that is not less than 90 percent of the 
     total amount that the local educational agency received under 
     paragraph (1) or (2) of subsection (b) for the fiscal year 
     prior to the reduction (referred to in this paragraph as the 
     `base year');
       ``(ii) for the second year following such reduction, an 
     amount that is not less than 85 percent of the total amount 
     that the local educational agency received under paragraph 
     (1) or (2) of subsection (b) for the base year; and
       ``(iii) for the third year following such reduction, an 
     amount that is not less than 80 percent of the total amount 
     that the local educational agency received under paragraph 
     (1) or (2) of subsection (b) for the base year.
       ``(C) Special rule.--For any fiscal year for which a local 
     educational agency would be subject to a reduced payment 
     under clause (ii) or (iii) of subparagraph (B), but the total 
     amount of the payment for which the local educational agency 
     is eligible under subsection (b) for that fiscal year is 
     greater than the amount that initially subjected the local 
     educational agency to the requirements of this subsection, 
     the Secretary shall pay the greater amount to the local 
     educational agency for such year.''; and
       (B) by redesignating paragraph (3) as paragraph (2); and
       (6) by striking subsection (g).

     SEC. 8005. POLICIES AND PROCEDURES RELATING TO CHILDREN 
                   RESIDING ON INDIAN LANDS.

       Section 8004(e)(9) (20 U.S.C. 7704(e)(9)) is amended by 
     striking ``Affairs'' both places the term appears and 
     inserting ``Education''.

     SEC. 8006. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 
                   8003.

       Section 8005 (20 U.S.C. 7705) is amended--
       (1) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``, and shall contain such information,'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (3) by inserting after subsection (b) the following:
       ``(c) Student Count.--In collecting information to 
     determine the eligibility of a local educational agency and 
     the number of federally connected children for the local 
     educational agency, the Secretary shall, in addition to any 
     options provided under section 222.35 of title 34, Code of 
     Federal Regulations, or a successor regulation, allow a local 
     educational agency to count the number of such children 
     served by the agency as of the date by which the agency 
     requires all students to register for the school year of the 
     fiscal year for which the application is filed.''; and
       (4) in subsection (d), by striking ``subsection (c)'' and 
     inserting ``subsection (d)'' each place the term appears.

     SEC. 8007. CONSTRUCTION.

       Section 8007 (20 U.S.C. 7707(b)) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``section 8014(e)'' and 
     inserting ``section 8014(d)''; and
       (B) in paragraph (3)--
       (i) in subparagraph (A)(i)--

       (I) by redesignating the first subclause (II) as subclause 
     (I); and
       (II) by striking ``section 8014(e)'' and inserting 
     ``section 8014(d)''; and

       (ii) in subparagraph (B)(i)(I), by striking ``section 
     8014(e)'' and inserting ``section 8014(d)''; and
       (2) in subsection (b)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``section 8014(e)'' and inserting ``section 
     8014(d)'';
       (B) in paragraph (3)(C)(i)(I), by adding at the end the 
     following:

       ``(cc) Not less than 10 percent of the property in the 
     agency is exempt from State and local taxation under Federal 
     law.''; and

       (C) in paragraph (6), by striking subparagraph (F).

     SEC. 8008. FACILITIES.

       Section 8008(a) (20 U.S.C. 7708) is amended by striking 
     ``section 8014(f)'' and inserting ``section 8014(e)''.

     SEC. 8009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE 
                   AID.

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

     SEC. 8010. DEFINITIONS.

       Section 8013(5)(A) (20 U.S.C. 7713(5)(A)) is amended--
       (1) in clause (ii), by striking subclause (III) and 
     inserting the following:
       ``(III) conveyed at any time under the Alaska Native Claims 
     Settlement Act to a Native individual, Native group, or 
     village or regional corporation (including single family 
     occupancy properties that may have been subsequently sold or 
     leased to a third party), except that property that is 
     conveyed under such Act--

       ``(aa) that is not taxed is, for the purposes of this 
     paragraph, considered tax-exempt due to Federal law; and
       ``(bb) is considered Federal property for the purpose of 
     this paragraph if the property is located within a Regional 
     Educational Attendance Area''; and

       (2) in clause (iii)--
       (A) in subclause (II), by striking ``Stewart B. McKinney 
     Homeless Assistance Act'' and inserting ``McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11411)''; and
       (B) by striking subclause (III) and inserting the 
     following:
       ``(III) used for affordable housing assisted under the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4101 et seq.); or''.

     SEC. 8011. AUTHORIZATION OF APPROPRIATIONS.

       Section 8014 (20 U.S.C. 7714) is amended--
       (1) in subsection (a), by striking ``$32,000,000 for fiscal 
     year 2000 and such sums as may be necessary for each of the 
     seven succeeding fiscal years'' and inserting ``such sums as 
     may be necessary for each of fiscal years 2016 through 
     2021'';
       (2) in subsection (b), by striking ``$809,400,000 for 
     fiscal year 2000 and such sums as may be necessary for each 
     of the seven succeeding fiscal years'' and inserting ``such 
     sums as may be necessary for each of fiscal years 2016 
     through 2021'';
       (3) in subsection (c), by striking ``$50,000,000 for fiscal 
     year 2000 and such sums as may be necessary for each of the 
     seven succeeding fiscal years'' and inserting ``such sums as 
     may be necessary for each of fiscal years 2016 through 
     2021'';
       (4) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively;
       (5) in subsection (d), as redesignated by paragraph (4), by 
     striking ``$10,052,000 for fiscal year 2000 and such sums as 
     may be necessary for fiscal year 2001, $150,000,000 for 
     fiscal year 2002, and such sums as may be necessary for each 
     of the five succeeding fiscal years'' and inserting ``such 
     sums as may be necessary for each of fiscal years 2016 
     through 2021''; and
       (6) in subsection (e), as redesignated by paragraph (4), by 
     striking ``$5,000,000 for fiscal year 2000 and such sums as 
     may be necessary for each of the seven succeeding fiscal 
     years'' and inserting ``such sums as may be necessary for 
     each of fiscal years 2016 through 2021''.

                      TITLE IX--GENERAL PROVISIONS

     SEC. 9101. DEFINITIONS.

       Section 9101 (20 U.S.C. 7801) is amended--
       (1) by striking paragraphs (3), (19), (23), (35), (36), 
     (37), and (42);
       (2) by redesignating paragraphs (1), (2), (17), (18), (20), 
     (21), (22),(24), (25), (26), (27), (28), (29), (30), (31), 
     (32), (33), (34), (38), (39), (41), and (43) as paragraphs 
     (2), (3), (20), (21), (26), (27), (28), (30), (22), (31), 
     (32), (34), (35), (36), (38), (39), (40), (41), (43), (44), 
     (47) and (48), respectively, and by transferring such 
     paragraph (22), as so redesignated, so as to follow such 
     paragraph (21), as so redesignated;
       (3) by inserting before paragraph (2), as redesignated by 
     paragraph (2), the following:
       ``(1) 4-year adjusted cohort graduation rate.--The term `4-
     year adjusted cohort graduation rate' has the meaning given 
     the term `four-year adjusted cohort graduation rate' in 
     section 200.19(b)(1) of title 34, Code of Federal 
     Regulations, as such section was in effect on November 28, 
     2008.'';
       (4) by striking paragraph (11) and inserting the following:
       ``(11) Core academic subjects.--The term `core academic 
     subjects' means English, reading or language arts, writing, 
     science, technology, engineering, mathematics, foreign 
     languages, civics and government, economics, arts, history, 
     geography, computer science, music, health, and physical 
     education, and any other subject as determined by the State 
     or local educational agency.'';
       (5) in paragraph (13)--
       (A) by striking subparagraphs (B), (E), (G), and (K);
       (B) by redesignating subparagraphs (C), (D), (F), (H), (I), 
     (J), and (L), as subparagraphs (B), (C), (D), (E), (F), (G), 
     and (I), respectively; and
       (C) by inserting after subparagraph (G), as redesignated by 
     subparagraph (B), the following:
       ``(H) part G of title V; and'';
       (6) by inserting after paragraph (16) the following:
       ``(17) Dual or concurrent enrollment.--The term `dual or 
     concurrent enrollment' means a course or program provided by 
     an institution of higher education through which a student 
     who has not graduated from high school with a regular high 
     school diploma is able to earn postsecondary credit.
       ``(18) Early childhood education program.--The term `early 
     childhood education program' has the meaning given the term 
     in section 103 of the Higher Education Act of 1965.

[[Page S4770]]

       ``(19) Early college high school.--The term `early college 
     high school' means a formal partnership between at least one 
     local educational agency and at least one institution of 
     higher education that allows participants to simultaneously 
     complete requirements toward earning a regular high school 
     diploma and earn not less than 12 transferable credits as 
     part of an organized course of study toward a postsecondary 
     degree or credential at no cost to the participant or 
     participant's family.''.
       (7) in paragraph (22), as redesignated and moved by 
     paragraph (2)--
       (A) in the paragraph heading, by striking ``Limited english 
     proficient'' and inserting ``English learner'';
       (B) in the matter preceding subparagraph (A), by striking 
     ``limited English proficient'' and inserting ``English 
     learner''; and
       (C) in subparagraph (D)(i), by striking ``State's 
     proficient level of achievement on State assessments 
     described in section 1111(b)(3)'' and inserting ``challenging 
     State academic standards described in section 1111(b)(1)'';
       (8) by inserting after paragraph (22), as transferred and 
     redesignated by paragraph (2), the following:
       ``(23) Evidence-based.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `evidence-based', when used with respect to an 
     activity, means an activity that--
       ``(i) demonstrates a statistically significant effect on 
     improving student outcomes or other relevant outcomes based 
     on--

       ``(I) strong evidence from at least 1 well-designed and 
     well-implemented experimental study;
       ``(II) moderate evidence from at least 1 well-designed and 
     well-implemented quasi-experimental study; or
       ``(III) promising evidence from at least 1 well-designed 
     and well-implemented correlational study with statistical 
     controls for selection bias; or

       ``(ii)(I) demonstrates a rationale that is based on high-
     quality research findings that such activity is likely to 
     improve student outcomes or other relevant outcomes; and
       ``(II) includes ongoing efforts to examine the effects of 
     such activity.
       ``(B) Definition for part a of title i.--For purposes of 
     part A of title I, the term `evidence-based', when used with 
     respect to an activity, means an activity that meets the 
     requirements of subclause (I) or (II) of subparagraph (A)(i).
       ``(24) Expanded learning time.--The term `expanded learning 
     time' means using a longer school day, week, or year schedule 
     to significantly increase the total number of school hours, 
     in order to include additional time for--
       ``(A) instruction and enrichment in core academic subjects, 
     other academic subjects, and other activities that contribute 
     to a well-rounded education; and
       ``(B) instructional and support staff to collaborate, plan, 
     and engage in professional development (including 
     professional development on family and community engagement) 
     within and across grades and subjects.
       ``(25) Extended-year adjusted cohort graduation rate.--The 
     term `extended-year adjusted cohort graduation rate' has the 
     meaning given the term in section 200.19(b)(1)(v) of title 
     34, Code of Federal Regulations, as such section was in 
     effect on November 28, 2008.'';
       (9) by inserting after paragraph (28), as redesignated by 
     paragraph (2), the following:
       ``(29) High school.--The term `high school' means a 
     secondary school that--
       ``(A) grants a diploma, as defined by the State; and
       ``(B) includes, at least, grade 12.'';
       (10) in paragraph (31), as redesignated by paragraph (2), 
     in subparagraph (C)--
       (A) in the subparagraph heading, by striking ``BIA'' and 
     inserting ``BIE''; and
       (B) by striking ``Affairs'' both places the term appears 
     and inserting ``Education'';
       (11) by inserting after paragraph (32), as redesignated by 
     paragraph (2), the following:
       ``(33) Multi-tier system of supports.--The term `multi-tier 
     system of supports' means a comprehensive continuum of 
     evidence-based, system-wide practices to support a rapid 
     response to academic and behavioral needs, with frequent 
     data-based monitoring for instructional decisionmaking.'';
       (12) in paragraph (35), as redesignated by paragraph (2), 
     by striking ``pupil services'' and inserting ``specialized 
     instructional support'';
       (13) in paragraph (36), as redesignated by paragraph (2), 
     by striking ``includes the freely associated states'' and all 
     that follows through the period at the end and inserting 
     ``includes the Republic of Palau except during any period for 
     which the Secretary determines that a Compact of Free 
     Association is in effect that contains provisions for 
     education assistance prohibiting the assistance provided 
     under this Act.'';
       (14) by inserting after paragraph (36), as redesignated by 
     paragraph (2), the following:
       ``(37) Paraprofessional.--The term `paraprofessional', also 
     known as a `paraeducator', includes an education assistant 
     and instructional assistant.''.
       (15) in paragraph (39), as redesignated by paragraph (2)--
       (A) in subparagraph (C), by inserting ``and'' after the 
     semicolon; and
       (B) in subparagraph (D), by striking ``section 1118'' and 
     inserting ``section 1115'';
       (16) by striking paragraph (41), as redesignated by 
     paragraph (2), and inserting the following:
       ``(41) Professional development.--The term `professional 
     development' means activities that--
       ``(A) are an integral part of school and local educational 
     agency strategies for providing educators (including 
     teachers, principals, other school leaders, specialized 
     instructional support personnel, paraprofessionals, and, as 
     applicable, early childhood educators) with the knowledge and 
     skills necessary to enable students to succeed in the core 
     academic subjects and to meet challenging State academic 
     standards; and
       ``(B) are sustained (not stand-alone, 1-day, or short term 
     workshops), intensive, collaborative, job-embedded, data-
     driven, classroom-focused, and may include activities that--
       ``(i) improve and increase teachers'--

       ``(I) knowledge of the academic subjects the teachers 
     teach;
       ``(II) understanding of how students learn; and
       ``(III) ability to analyze student work and achievement 
     from multiple sources, including how to adjust instructional 
     strategies, assessments, and materials based on such 
     analysis;

       ``(ii) are an integral part of broad schoolwide and 
     districtwide educational improvement plans;
       ``(iii) allow personalized plans for each educator to 
     address the educator's specific needs identified in 
     observation or other feedback;
       ``(iv) improve classroom management skills;
       ``(v) support the recruiting, hiring, and training of 
     effective teachers, including teachers who became certified 
     through State and local alternative routes to certification;
       ``(vi) advance teacher understanding of--

       ``(I) effective instructional strategies that are evidence-
     based; and
       ``(II) strategies for improving student academic 
     achievement or substantially increasing the knowledge and 
     teaching skills of teachers;

       ``(vii) are aligned with, and directly related to academic 
     goals of the school or local educational agency;
       ``(viii) are developed with extensive participation of 
     teachers, principals, other school leaders, parents, 
     representatives of Indian tribes (as applicable), and 
     administrators of schools to be served under this Act;
       ``(ix) are designed to give teachers of children who are 
     English learners, and other teachers and instructional staff, 
     the knowledge and skills to provide instruction and 
     appropriate language and academic support services to those 
     children, including the appropriate use of curricula and 
     assessments;
       ``(x) to the extent appropriate, provide training for 
     teachers, principals, and other school leaders in the use of 
     technology (including education about the harms of copyright 
     piracy), so that technology and technology applications are 
     effectively used in the classroom to improve teaching and 
     learning in the curricula and academic subjects in which the 
     teachers teach;
       ``(xi) as a whole, are regularly evaluated for their impact 
     on increased teacher effectiveness and improved student 
     academic achievement, with the findings of the evaluations 
     used to improve the quality of professional development;
       ``(xii) are designed to give teachers of children with 
     disabilities or children with developmental delays, and other 
     teachers and instructional staff, the knowledge and skills to 
     provide instruction and academic support services, to those 
     children, including positive behavioral interventions and 
     supports, multi-tiered systems of supports, and use of 
     accommodations;
       ``(xiii) include instruction in the use of data and 
     assessments to inform and instruct classroom practice;
       ``(xiv) include instruction in ways that teachers, 
     principals, other school leaders, specialized instructional 
     support personnel, and school administrators may work more 
     effectively with parents and families;
       ``(xv) involve the forming of partnerships with 
     institutions of higher education, including, as applicable, 
     Tribal Colleges and Universities as defined in section 316(b) 
     of the Higher Education Act of 1965 (20 U.S.C. 1059c (b)), to 
     establish school-based teacher, principal, and other school 
     leader training programs that provide prospective teachers, 
     novice teachers, principals, and other school leaders with an 
     opportunity to work under the guidance of experienced 
     teachers, principals, other school leaders, and faculty of 
     such institutions;
       ``(xvi) create programs to enable paraprofessionals 
     (assisting teachers employed by a local educational agency 
     receiving assistance under part A of title I) to obtain the 
     education necessary for those paraprofessionals to become 
     certified and licensed teachers;
       ``(xvii) provide follow-up training to teachers who have 
     participated in activities described in this paragraph that 
     are designed to ensure that the knowledge and skills learned 
     by the teachers are implemented in the classroom; and
       ``(xviii) where applicable and practical, provide jointly 
     for school staff and other early childhood education program 
     providers, to address the transition to elementary school, 
     including issues related to school readiness.'';
       (17) by inserting after paragraph (41), as redesignated by 
     paragraph (2), the following:
       ``(42) School leader.--The term `school leader' means a 
     principal, assistant principal, or other individual who is--

[[Page S4771]]

       ``(A) an employee or officer of an elementary school or 
     secondary school, local educational agency, or other entity 
     operating an elementary school or secondary school; and
       ``(B) responsible for the daily instructional leadership 
     and managerial operations in the elementary school or 
     secondary school building.'';
       (18) by inserting after paragraph (44), as redesignated by 
     paragraph (2), the following:
       ``(45) Specialized instructional support personnel; 
     specialized instructional support services.--
       ``(A) Specialized instructional support personnel.--The 
     term `specialized instructional support personnel' means --
       ``(i) school counselors, school social workers, and school 
     psychologists; and
       ``(ii) other qualified professional personnel, such as 
     school nurses and speech language pathologists, involved in 
     providing assessment, diagnosis, counseling, educational, 
     therapeutic, and other necessary services (including related 
     services as that term is defined in section 602 of the 
     Individuals with Disabilities Education Act) as part of a 
     comprehensive program to meet student needs.
       ``(B) Specialized instructional support services.--The term 
     `specialized instructional support services' means the 
     services provided by specialized instructional support 
     personnel.'';
       (19) by inserting after paragraph (48), as redesignated by 
     paragraph (2), the following:
       ``(49) Universal design for learning.--The term `universal 
     design for learning' has the meaning given the term in 
     section 103 of the Higher Education Act of 1965.''; and
       (20) by striking the undesignated paragraph between 
     paragraphs (45), as added by paragraph (18), and (47), as 
     redesignated by paragraph (2), and inserting the following:
       ``(46) State.--The term `State' means each of the 50 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, and each of the outlying areas.''.

     SEC. 9102. APPLICABILITY TO BUREAU OF INDIAN EDUCATION 
                   OPERATED SCHOOLS.

       Section 9103 (20 U.S.C. 7803) is amended--
       (1) in the section heading, by striking ``bureau of indian 
     affairs'' and inserting ``bureau of indian education''; and
       (2) by striking ``Bureau of Indian Affairs'' each place the 
     term appears and inserting ``Bureau of Indian Education''.

     SEC. 9103. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

       Section 9203(b) (20 U.S.C. 7823(b)) is amended by striking 
     ``Within 1 year after the date of enactment of the No Child 
     Left Behind Act of 2001, a State'' and inserting ``A State''.

     SEC. 9104. RURAL CONSOLIDATED PLAN.

       Section 9305 (20 U.S.C. 7845) is amended by adding at the 
     end the following:
       ``(e) Rural Consolidated Plan.--
       ``(1) In general.--Two or more eligible local educational 
     agencies, a consortium of eligible local educational service 
     agencies, or an educational service agency on behalf of 
     eligible local educational agencies may submit plans or 
     applications for 1 or more covered programs to the State 
     educational agency on a consolidated basis, if each eligible 
     local educational agency impacted elects to participate in 
     the joint application or elects to allow the educational 
     service agency to apply on its behalf.
       ``(2) Eligible local educational agency.--For the purposes 
     of this subsection, the term `eligible local educational 
     agency' means a local educational agency that is an eligible 
     local educational agency under part B of title VI.''.

     SEC. 9105. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

       Section 9401 (20 U.S.C. 7861) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--
       ``(1) Request for waiver by state or indian tribe.--A State 
     educational agency or Indian tribe that receives funds under 
     a program authorized under this Act may submit a request to 
     the Secretary to waive any statutory or regulatory 
     requirement of this Act.
       ``(2) Local educational agency and school requests 
     submitted through the state.--
       ``(A) Request for waiver by local educational agency.--A 
     local educational agency that receives funds under a program 
     authorized under this Act and desires a waiver of any 
     statutory or regulatory requirement of this Act shall submit 
     a request containing the information described in subsection 
     (b)(1) to the appropriate State educational agency. The State 
     educational agency may then submit the request to the 
     Secretary if the State educational agency determines the 
     waiver appropriate.
       ``(B) Request for waiver by school.--An elementary school 
     or secondary school that desires a waiver of any statutory or 
     regulatory requirement of this Act shall submit a request 
     containing the information described in subsection (b)(1) to 
     the local educational agency serving the school. The local 
     educational agency may then submit the request to the State 
     educational agency in accordance with subparagraph (A) if the 
     local educational agency determines the waiver appropriate.
       ``(3) Receipt of waiver.--Except as provided in subsection 
     (b)(4) or (c), the Secretary may waive any statutory or 
     regulatory requirement of this Act for which a waiver request 
     is submitted to the Secretary pursuant to this subsection.'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``, local educational agency,'' and 
     inserting ``, acting on its own behalf or on behalf of a 
     local educational agency in accordance with subsection 
     (a)(2),''; and
       (II) by inserting ``, which shall include a plan'' after 
     ``to the Secretary''; and

       (ii) by striking subparagraphs (C) and (D) and inserting 
     the following:
       ``(C) describes the methods the State educational agency, 
     local educational agency, or Indian tribe will use to monitor 
     and regularly evaluate the effectiveness of the 
     implementation of the plan;
       ``(D) includes only information directly related to the 
     waiver request on how the State educational agency, local 
     educational agency, or Indian tribe will maintain and improve 
     transparency in reporting to parents and the public on 
     student achievement and school performance, including the 
     achievement of students according to each category of 
     students described in section 1111(b)(2)(B)(xi); and'';
       (B) in paragraph (2)(B)(i)(II), by striking ``(on behalf 
     of, and based on the requests of, local educational 
     agencies)'' and inserting ``(on behalf of those agencies or 
     on behalf of, and based on the requests of, local educational 
     agencies in the State)'';
       (C) in paragraph (3)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i), by inserting ``or 
     on behalf of local educational agencies in the State under 
     subsection (a)(2),'' after ``acting on its own behalf,''; and
       (II) in clause (i)--

       (aa) by striking ``all interested local educational 
     agencies'' and inserting ``any interested local educational 
     agency''; and
       (bb) by inserting ``, to the extent that the request 
     impacts the local educational agency'' before the semicolon 
     at the end; and
       (ii) in subparagraph (B)(i), by striking ``reviewed by the 
     State educational agency'' and inserting ``reviewed and 
     approved by the State educational agency in accordance with 
     subsection (a)(2) before being submitted to the Secretary''; 
     and
       (D) by adding at the end the following:
       ``(4) Waiver determination, demonstration, and revision.--
       ``(A) In general.--The Secretary shall issue a written 
     determination regarding the approval or disapproval of a 
     waiver request not more than 90 days after the date on which 
     such request is submitted, unless the Secretary determines 
     and demonstrates that--
       ``(i) the waiver request does not meet the requirements of 
     this section; or
       ``(ii) the waiver is not permitted under subsection (c).
       ``(B) Waiver determination and revision.--If the Secretary 
     determines and demonstrates that the waiver request does not 
     meet the requirements of this section, the Secretary shall--
       ``(i) immediately--

       ``(I) notify the State educational agency, local 
     educational agency (through the State educational agency), or 
     Indian tribe, as applicable, of such determination; and
       ``(II) provide detailed reasons for such determination in 
     writing and in a public manner, such as posting to the 
     Department's website in a clear and easily accessible manner;

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

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

       ``(D) External conditions.--The Secretary shall not 
     disapprove a waiver request under this section based on 
     conditions outside the scope of the waiver request.'';
       (3) in subsection (c)--
       (A) in paragraph (8), by striking ``subpart 1 of part B of 
     title V'' and inserting ``part A of title V''; and
       (B) in paragraph (10), by striking ``subsections (a) and 
     (b) of section 1113'' and insert ``section 1113(a)'' both 
     places the term appears;
       (4) in subsection (d)--
       (A) in the subsection heading, by adding ``; Limitations'' 
     after ``Waiver''; and
       (B) by adding at the end the following:
       ``(3) Specific limitations.--The Secretary shall not place 
     any requirements on a State educational agency, local 
     educational agency, or Indian tribe as a condition, 
     criterion,

[[Page S4772]]

     or priority for the approval of a waiver request, unless such 
     requirements are--
       ``(A) otherwise requirements under this Act; and
       ``(B) directly related to the waiver request.'';
       (5) by striking subsection (e) and inserting the following:
       ``(e) Reports.--A State educational agency, local 
     educational agency, or Indian tribe receiving a waiver under 
     this section shall describe, as part of, and pursuant to, the 
     required annual reporting under section 1111(d)--
       ``(1) the progress of schools covered under the provisions 
     of such waiver toward improving the quality of instruction to 
     students and increasing student academic achievement; and
       ``(2) how the use of the waiver has contributed to such 
     progress.'';
       (6) in subsection (f), by striking ``if the Secretary 
     determines'' and all that follows through the period at the 
     end and inserting the following: ``if, after notice and an 
     opportunity for a hearing, the Secretary--
       ``(A) presents substantial evidence that clearly 
     demonstrates that the waiver is not contributing to the 
     progress of schools described in subsection (e)(1); or
       ``(B) determines that the waiver is no longer necessary to 
     achieve its original purposes.''; and
       (7) by adding at the end the following:
       ``(h) Effect of Enactment of ECAA on Waiver Requirements 
     and Conditions.--
       ``(1) In general.--Any requirement or condition of any 
     waiver agreement entered into by a State, local educational 
     agency, or Indian tribe with the Secretary, as authorized 
     under this section, between September 23, 2011, and the day 
     before the effective date of the Every Child Achieves Act of 
     2015 shall be void and have no force of law if such 
     requirement or condition is not otherwise a requirement or 
     condition under this Act.
       ``(2) Rule of construction.--Nothing in paragraph (1) shall 
     be construed as voiding any waiver granted by the Secretary 
     under this section before the date of enactment of the Every 
     Child Achieves Act of 2015 that is not voided under paragraph 
     (1), which shall remain in effect for the period of time 
     specified under the waiver.''.

     SEC. 9106. PLAN APPROVAL PROCESS.

       Title IX (20 U.S.C. 7801 et seq.) is amended--
       (1) by redesignating parts E and F as parts F and G, 
     respectively;
       (2) in section 9573--
       (A) in subsection (b)(1), by striking ``early childhood 
     development (Head Start) services'' and inserting ``early 
     childhood education programs'';
       (B) in subsection (c)(2)--
       (i) in the paragraph heading by striking ``development 
     services'' and inserting ``education programs''; and
       (ii) by striking ``development (Head Start) services'' and 
     inserting ``education programs''; and
       (C) in subsection (e), as redesignated by section 4001(5), 
     in paragraph (3), by striking subparagraph (C) and inserting 
     the following:
       ``(C) such other matters as justice may require.''; and
       (3) by inserting after section 9401 the following:

      ``PART E--APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL 
                              APPLICATIONS

     ``SEC. 9451. APPROVAL AND DISAPPROVAL OF STATE PLANS.

       ``(a) Deemed Approval.--A plan submitted by a State 
     pursuant to section 2101(d), 4103(d), or 9302 shall be deemed 
     to be approved by the Secretary unless--
       ``(1) the Secretary makes a written determination, prior to 
     the expiration of the 90-day period beginning on the date on 
     which the Secretary received the plan, that the plan is not 
     in compliance with section 2101(d) or 4103(d) or part C, 
     respectively; and
       ``(2) the Secretary presents substantial evidence that 
     clearly demonstrates that such State plan does not meet the 
     requirements of section 2101(d) or 4103(d) or part C, 
     respectively.
       ``(b) Disapproval Process.--
       ``(1) In general.--The Secretary shall not finally 
     disapprove a plan submitted under section 2101(d), 4103(d), 
     or 9302, except after giving the State educational agency 
     notice and an opportunity for a hearing.
       ``(2) Notifications.--If the Secretary finds that the plan 
     is not in compliance, in whole or in part, with section 
     2101(d) or 4103(d) or part C, as applicable, the Secretary 
     shall-
       ``(A) immediately notify the State of such determination;
       ``(B) provide a detailed description of the specific 
     provisions of the plan that the Secretary determines fail to 
     meet the requirements, in whole or in part, of such section 
     or part, as applicable;
       ``(C) offer the State an opportunity to revise and resubmit 
     its plan within 45 days of such determination, including the 
     chance for the State to present substantial evidence to 
     clearly demonstrate that the State plan meets the 
     requirements of such section or part, as applicable;
       ``(D) provide technical assistance, upon request of the 
     State, in order to assist the State to meet the requirements 
     of such section or part, as applicable;
       ``(E) conduct a public hearing within 30 days of the plan's 
     resubmission under subparagraph (C), with public notice 
     provided not less than 15 days before such hearing, unless a 
     State declines the opportunity for such public hearing; and
       ``(F) request additional information, only as to the 
     noncompliant provisions, needed to make the plan compliant.
       ``(3) Response.--If the State educational agency responds 
     to the Secretary's notification described in paragraph (2)(A) 
     during the 45-day period beginning on the date on which the 
     State educational agency received the notification, and 
     resubmits the plan with the requested information described 
     in paragraph (2)(C), the Secretary shall approve or 
     disapprove such plan prior to the later of--
       ``(A) the expiration of the 45-day period beginning on the 
     date on which the plan is resubmitted; or
       ``(B) the expiration of the 90-day period described in 
     subsection (a).
       ``(4) Failure to respond.--If the State educational agency 
     does not respond to the Secretary's notification described in 
     paragraph (2)(A) during the 45-day period beginning on the 
     date on which the State educational agency received the 
     notification, such plan shall be deemed to be disapproved.
       ``(c) Peer-review Requirements.--Notwithstanding any other 
     requirements of this part, the Secretary shall ensure that 
     any portion of a consolidated State plan that is related to 
     part A of title I is subject to the peer-review process 
     described in section 1111(a)(3).

     ``SEC. 9452. APPROVAL AND DISAPPROVAL OF LOCAL EDUCATIONAL 
                   AGENCY APPLICATIONS.

       ``(a) Deemed Approval.--An application submitted by a local 
     educational agency pursuant to section 2102(b), 4104(b), or 
     9305, shall be deemed to be approved by the State educational 
     agency unless--
       ``(1) the State educational agency makes a written 
     determination, prior to the expiration of the 90-day period 
     beginning on the date on which the State educational agency 
     received the application, that the application is not in 
     compliance with section 2102(b) or 4104(b), or part C, 
     respectively; and
       ``(2) the State presents substantial evidence that clearly 
     demonstrates that such application does not meet the 
     requirements of section 2102(b) or 4104(b), or part C, 
     respectively.
       ``(b) Disapproval Process.--
       ``(1) In general.--The State educational agency shall not 
     finally disapprove an application submitted under section 
     2102(b), 4104(b), or 9305 except after giving the local 
     educational agency notice and opportunity for a hearing.
       ``(2) Notifications.--If the State educational agency finds 
     that the application submitted under section 2102(b), 
     4104(b), or 9305 is not in compliance, in whole or in part, 
     with section 2102(b) or 4104(b), or part C, respectively, the 
     State educational agency shall--
       ``(A) immediately notify the local educational agency of 
     such determination;
       ``(B) provide a detailed description of the specific 
     provisions of the application that the State determines fail 
     to meet the requirements, in whole or in part, of such 
     section or part, as applicable;
       ``(C) offer the local educational agency an opportunity to 
     revise and resubmit its application within 45 days of such 
     determination, including the chance for the local educational 
     agency to present substantial evidence to clearly demonstrate 
     that the application meets the requirements of such section 
     or part;
       ``(D) provide technical assistance, upon request of the 
     local educational agency, in order to assist the local 
     educational agency to meet the requirements of such section 
     or part, as applicable;
       ``(E) conduct a public hearing within 30 days of the 
     application's resubmission under subparagraph (C), with 
     public notice provided not less than 15 days before such 
     hearing, unless a local educational agency declines the 
     opportunity for such public hearing; and
       ``(F) request additional information, only as to the 
     noncompliant provisions, needed to make the application 
     compliant.
       ``(3) Response.--If the local educational agency responds 
     to the State educational agency's notification described in 
     paragraph (2)(A) during the 45-day period beginning on the 
     date on which the local educational agency received the 
     notification, and resubmits the application with the 
     requested information described in paragraph (2)(C), the 
     State educational agency shall approve or disapprove such 
     application prior to the later of--
       ``(A) the expiration of the 45-day period beginning on the 
     date on which the application is resubmitted; or
       ``(B) the expiration of the 90-day period described in 
     subsection (a).
       ``(4) Failure to respond.--If the local educational agency 
     does not respond to the State educational agency's 
     notification described in paragraph (2)(A) during the 45-day 
     period beginning on the date on which the local educational 
     agency received the notification, such application shall be 
     deemed to be disapproved.''.

     SEC. 9107. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND 
                   TEACHERS.

       Section 9501 (20 U.S.C. 7881) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking subparagraphs (A) through 
     (H) and inserting the following:
       ``(A) part C of title I;
       ``(B) part A of title II;
       ``(C) part E of title II;
       ``(D) part A of title III;
       ``(E) parts A and B of title IV; and

[[Page S4773]]

       ``(F) part G of title V.''; and
       (B) by striking paragraph (3); and
       (2) in subsection (c)(1)--
       (A) in subparagraph (E)--
       (i) by striking ``and the amount'' and inserting ``, the 
     amount''; and
       (ii) by striking ``services; and'' and inserting 
     ``services, and how that amount is determined;'';
       (B) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(G) whether the agency, consortium, or entity shall 
     provide services directly or assign responsibility for the 
     provision of services to a separate government agency, 
     consortium, or entity, or to a third-party contractor.''.

     SEC. 9108. MAINTENANCE OF EFFORT.

       Section 9521 (20 U.S.C. 7901) is amended--
       (1) in subsection (a), by inserting ``, subject to the 
     requirements of subsection (b)'' after ``for the second 
     preceding fiscal year'';
       (2) in subsection (b)(1), by inserting before the period at 
     the end the following: ``, if such local educational agency 
     has also failed to meet such requirement (as determined using 
     the measure most favorable to the local agency) for 1 or more 
     of the 5 immediately preceding fiscal years''; and
       (3) in subsection (c)(1), by inserting ``or a change in the 
     organizational structure of the local educational agency'' 
     after ``, such as a natural disaster''.

     SEC. 9109. SCHOOL PRAYER.

       Section 9524(a) (20 U.S.C. 7904(a)) is amended by striking 
     ``on the Internet'' and inserting ``by electronic means, 
     including by posting the guidance on the Department's website 
     in a clear and easily accessible manner''.

     SEC. 9110. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF 
                   FEDERAL FUNDS.

       Section 9527 (20 U.S.C. 7907) is amended to read as 
     follows:

     ``SEC. 9527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF 
                   FEDERAL FUNDS.

       ``(a) General Prohibition.--
       ``(1) In general.--Nothing in this Act shall be construed 
     to authorize an officer or employee of the Federal 
     Government, through grants, contracts, or other cooperative 
     agreements (including as a condition of any waiver provided 
     under section 9401) to--
       ``(A) mandate, direct, or control a State, local 
     educational agency, or school's curriculum, program of 
     instruction, instructional content, specific academic 
     standards or assessments, or allocation of State or local 
     resources, or mandate a State or any subdivision thereof to 
     spend any funds or incur any costs not paid for under this 
     Act;
       ``(B) incentivize a State, local educational agency, or 
     school to adopt any specific instructional content, academic 
     standards, academic assessments, curriculum, or program of 
     instruction, including by providing any priority, preference, 
     or special consideration during the application process for 
     any grant, contract, or cooperative agreement that is based 
     on the adoption of any specific instructional content, 
     academic standards, academic assessments, curriculum, or 
     program of instruction; or
       ``(C) make financial support available in a manner that is 
     conditioned upon a State, local educational agency, or 
     school's adoption of any specific instructional content, 
     academic standards, academic assessments, curriculum, or 
     program of instruction (such as the Common Core State 
     Standards developed under the Common Core State Standards 
     Initiative, any other standards common to a significant 
     number of States, or any specific assessment, instructional 
     content, or curriculum aligned to such standards).
       ``(b) Prohibition on Endorsement of Curriculum.--
     Notwithstanding any other prohibition of Federal law, no 
     funds provided to the Department under this Act may be used 
     by the Department directly or indirectly, including through 
     any grant, contract, cooperative agreement, or waiver 
     provided by the Secretary under section 9401, to endorse, 
     approve, or sanction any curriculum (including the alignment 
     of such curriculum to any specific academic standard) 
     designed to be used in an early childhood education program, 
     elementary school, secondary school, or institution of higher 
     education.
       ``(c) Prohibition on Requiring Federal Approval or 
     Certification of Standards.--
       ``(1) In general.--Notwithstanding any other provision of 
     Federal law, no State shall be required to have academic 
     content or academic achievement standards approved or 
     certified by the Federal Government, in order to receive 
     assistance under this Act.
       ``(2) Rules of construction.--
       ``(A) Applicability.--Nothing in this subsection shall be 
     construed to affect requirements under title I.
       ``(B) State or local authority.--Nothing in this section 
     shall be construed to prohibit a State, local educational 
     agency, or school from using funds provided under this Act 
     for the development or implementation of any instructional 
     content, academic standards, academic assessments, 
     curriculum, or program of instruction that a State, local 
     educational agency, or school chooses, as permitted under 
     State and local law, as long as the use of such funds is 
     consistent with the terms of the grant, contract, or 
     cooperative agreement providing such funds.
       ``(3) Building standards.--Nothing in this Act shall be 
     construed to mandate national school building standards for a 
     State, local educational agency, or school.''.

     SEC. 9111. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND 
                   STUDENT RECRUITING INFORMATION.

       Section 9528 (20 U.S.C. 7908) is amended by striking 
     subsection (d).

     SEC. 9112. PROHIBITION ON FEDERALLY SPONSORED TESTING.

       Section 9529 (20 U.S.C. 7909) is amended to read as 
     follows:

     ``SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING.

       ``(a) General Prohibition.--Notwithstanding any other 
     provision of Federal law and except as provided in subsection 
     (b), no funds provided under this Act to the Secretary or to 
     the recipient of any award may be used to develop, 
     incentivize, pilot test, field test, implement, administer, 
     or distribute any federally sponsored national test in 
     reading, mathematics, or any other subject, unless 
     specifically and explicitly authorized by law, including any 
     assessment or testing materials aligned to the Common Core 
     State Standards developed under the Common Core State 
     Standards Initiative or any other academic standards common 
     to a significant number of States.
       ``(b) Exceptions.--Subsection (a) shall not apply to 
     international comparative assessments developed under the 
     authority of section 153(a)(6) of the Education Sciences 
     Reform Act of 2002 and administered to only a representative 
     sample of pupils in the United States and in foreign nations.
       ``(c) Rule of Construction.--Nothing in this section shall 
     be construed to prohibit a State, local educational agency, 
     or school from using funds provided under this Act for the 
     development or implementation of any instructional content, 
     academic standards, academic assessments, curriculum, or 
     program of instruction that a State or local educational 
     agency or school chooses, as permitted under State and local 
     law, as long as the use of such funds is consistent with the 
     terms of the grant, contract, or cooperative agreement 
     providing such funds.''.

     SEC. 9113. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION 
                   FOR TEACHERS.

       Section 9530(a) (20 U.S.C. 7910(a)) is amended--
       (1) by inserting ``, principals,'' after ``teachers''; and
       (2) by inserting ``, or incentive regarding,'' after 
     ``administration of''.

     SEC. 9114. CONSULTATION WITH INDIAN TRIBES AND TRIBAL 
                   ORGANIZATIONS.

       Subpart 2 of part F of title IX (20 U.S.C. 7901 et seq.), 
     as amended by section 4001(3), and redesignated by section 
     9106(1), is further amended by adding at the end the 
     following:

     ``SEC. 9538. CONSULTATION WITH INDIAN TRIBES AND TRIBAL 
                   ORGANIZATIONS.

       ``(a) In General.--To ensure timely and meaningful 
     consultation on issues affecting American Indian and Alaska 
     Native students, an affected local educational agency shall 
     consult with appropriate officials from Indian tribes or 
     tribal organizations approved by the tribes located in the 
     area served by the local educational agency during the design 
     and development of the affected local educational agency's 
     programs under this Act, with the overarching goal of meeting 
     the unique cultural, language, and educational needs of 
     American Indian and Alaska Native students.
       ``(b) Timing.--The consultation described in subsection (a) 
     shall include meetings of officials from the affected local 
     educational agency and the tribes or tribal organizations 
     approved by the tribes and shall occur before the affected 
     local educational agency makes any decision regarding how the 
     needs of American Indian and Alaska Native children will be 
     met in covered programs or in services or activities provided 
     under title VII.
       ``(c) Documentation.--Each affected local educational 
     agency shall maintain in the agency's records and provide to 
     the State educational agency a written affirmation signed by 
     officials of the participating tribes or tribal organizations 
     approved by the tribes that the consultation required by this 
     section has occurred. If such officials do not provide such 
     affirmation within a reasonable period of time, the affected 
     local educational agency shall forward documentation that 
     such consultation has taken place to the State educational 
     agency.
       ``(d) Affected Local Educational Agency.--In this section, 
     the term `affected local educational agency' means a local 
     educational agency--
       ``(1) with an enrollment of American Indian or Alaska 
     Native students that is not less than 50 percent of the total 
     enrollment of the local educational agency; or
       ``(2) with an enrollment of not less than 50 American 
     Indian or Alaska Native students.''.

     SEC. 9115. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL LOCAL 
                   EDUCATIONAL AGENCIES.

       Subpart 2 of part F of title IX (20 U.S.C. 7901 et seq.), 
     as amended by sections 4001(3) and 9114, and redesignated by 
     section 9106(1), is further amended by adding at the end the 
     following:

     ``SEC. 9539. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL 
                   LOCAL EDUCATIONAL AGENCIES.

       ``(a) Outreach.--The Secretary shall engage in outreach to 
     rural local educational agencies regarding opportunities to 
     apply for competitive grant programs under this Act.
       ``(b) Technical Assistance.--If requested to do so, the 
     Secretary shall provide technical assistance to rural local 
     educational agencies with locale codes 32, 33, 41, 42, or 43, 
     or an educational service agency representing rural local 
     educational agencies with locale codes 32, 33, 41, 42, or 43 
     on applications or pre-applications for any competitive grant 
     program under this Act. No rural

[[Page S4774]]

     local educational agency or educational service agency shall 
     be required to request technical assistance or include any 
     technical assistance provided by the Secretary in any 
     application.''.

     SEC. 9116. EVALUATIONS.

       Section 9601 (20 U.S.C. 7941) is amended to read as 
     follows:

     ``SEC. 9601. EVALUATIONS.

       ``(a) Reservation of Funds.--Except as provided in 
     subsection (b) and (e), the Secretary, in consultation with 
     the Director of the Institute of Education Sciences, may 
     reserve not more than 0.5 percent of the amount appropriated 
     for each program authorized under this Act to carry out 
     activities under this section. If the Secretary elects to 
     make a reservation under this subsection, the reserved 
     amounts--
       ``(1) shall first be used by the Secretary, acting through 
     the Director of the Institute of Education Sciences, to--
       ``(A) conduct comprehensive, high-quality evaluations of 
     the programs that--
       ``(i) are consistent with the evaluation plan under 
     subsection (d); and
       ``(ii) primarily include impact evaluations that use 
     experimental or quasi-experimental designs, where practicable 
     and appropriate, and other rigorous methodologies that permit 
     the strongest possible causal inferences;
       ``(B) conduct studies of the effectiveness of the programs 
     and the administrative impact of the programs on schools and 
     local educational agencies; and
       ``(C) widely disseminate evaluation findings under this 
     section related to programs authorized under this Act--
       ``(i) in a timely fashion;
       ``(ii) in forms that are understandable, easily accessible, 
     and usable, or adaptable for use in, the improvement of 
     educational practice;
       ``(iii) through electronic transfer and other means, such 
     as posting, as available, to the websites of State 
     educational agencies, local educational agencies, the 
     Institute of Education Sciences, or the Department, or in 
     another relevant place; and
       ``(iv) in a manner that promotes the utilization of such 
     findings; and
       ``(2) may be used by the Secretary, acting through the 
     Director of the Institute of Education Sciences--
       ``(A) to evaluate the aggregate short- and long-term 
     effects and cost efficiencies across--
       ``(i) Federal programs assisted or authorized under this 
     Act; and
       ``(ii) related Federal early childhood education programs, 
     preschool programs, elementary school programs, and secondary 
     school programs, under any other Federal law;
       ``(B) to increase the usefulness of the evaluations 
     conducted under this section by improving the quality, 
     timeliness, efficiency, and use of information relating to 
     performance to promote continuous improvement of programs 
     assisted or authorized under this Act; and
       ``(C) to assist recipients of grants under such programs in 
     collecting and analyzing data and other activities related to 
     conducting high-quality evaluations under paragraph (1).
       ``(b) Title I.--The Secretary, acting through the Director 
     of the Institute of Education Sciences, shall use funds 
     authorized under section 1002(e) to carry out evaluation 
     activities under this section related to title I, and shall 
     not reserve any other money from such title for evaluation.
       ``(c) Consolidation.--Notwithstanding any other provision 
     of this section or section 1002(e), the Secretary, in 
     consultation with the Director of the Institute of Education 
     Sciences--
       ``(1) may consolidate the funds reserved under subsections 
     (a) and (b) for purposes of carrying out the activities under 
     subsection (a)(1); and
       ``(2) shall not be required to evaluate under subsection 
     (a)(1) each program authorized under this Act each year.
       ``(d) Evaluation Plan.--The Director of the Institute of 
     Education Sciences, shall, on a biennial basis, develop, 
     submit to Congress, and make publicly available an evaluation 
     plan, that--
       ``(1) describes the specific activities that will be 
     carried out under subsection (a) for the 2-year period 
     applicable to the plan, and the timelines of such activities;
       ``(2) contains the results of the activities carried out 
     under subsection (a) for the most recent 2-year period; and
       ``(3) describes how programs authorized under this Act will 
     be regularly evaluated.
       ``(e) Evaluation Activities Authorized Elsewhere.--If, 
     under any other provision of this Act, funds are authorized 
     to be reserved or used for evaluation activities with respect 
     to a program, the Secretary may not reserve additional funds 
     under this section for the evaluation of that program.''.

   TITLE X--EDUCATION FOR HOMELESS CHILDREN AND YOUTHS; OTHER LAWS; 
                             MISCELLANEOUS

           PART A--EDUCATION FOR HOMELESS CHILDREN AND YOUTH

     SEC. 10101. STATEMENT OF POLICY.

       Section 721 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11431) is amended--
       (1) in paragraph (2), by striking ``In any State'' and all 
     that follows through ``will review'' and inserting ``In any 
     State where compulsory residency requirements or other 
     requirements, in laws, regulations, practices, or policies, 
     may act as a barrier to the identification of, or enrollment, 
     attendance, or success in school of homeless children and 
     youths, the State educational agency and local educational 
     agencies in the State will review'';
       (2) in paragraph (3), by striking ``alone''; and
       (3) in paragraph (4), by striking ``challenging State 
     student academic achievement standards'' and inserting 
     ``challenging State academic standards''.

     SEC. 10102. GRANTS FOR STATE AND LOCAL ACTIVITIES.

       Section 722 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11432) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Reservations.--
       ``(1) Students in territories.--The Secretary is authorized 
     to reserve 0.1 percent of the amount appropriated for each 
     fiscal year under section 726, to be allocated by the 
     Secretary among the United States Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of the Northern Mariana 
     Islands, according to their respective needs for assistance 
     under this subtitle, as determined by the Secretary.
       ``(2) Indian students.--
       ``(A) Transfer.--The Secretary shall transfer 1 percent of 
     the amount appropriated for each fiscal year under section 
     726 to the Department of the Interior. The transferred funds 
     shall be used for programs for Indian students served by 
     schools funded by the Secretary of the Interior, as 
     determined under the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.), that are consistent 
     with the purposes of the programs described in this subtitle.
       ``(B) Agreement.--The Secretary of Education and the 
     Secretary of the Interior shall enter into an agreement, 
     consistent with the requirements of this subtitle, for the 
     distribution and use of the transferred funds under terms 
     that the Secretary of Education determines best meet the 
     purposes of the programs described in this subtitle. Such 
     agreement shall set forth the plans of the Secretary of the 
     Interior for the use of the amounts transferred, including 
     appropriate goals, objectives, and milestones.'';
       (2) in subsection (c)--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by striking the subsection heading and all that follows 
     through paragraph (2) and inserting the following:
       ``(c) Allotments.--
       ``(1) In general.--The Secretary is authorized to allot to 
     each State for a fiscal year an amount that bears the same 
     ratio to the amount appropriated for such year under section 
     726 that remains after the Secretary reserves funds under 
     subsection (b) and uses funds to carry out subsections (d) 
     and (h) of section 724, as the amount allocated under section 
     1122 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6332) to the State for that year bears to the 
     total amount allocated under section 1122 of such Act to all 
     States for that year, except as provided in paragraph (2).
       ``(2) Minimum allotments.--Subject to paragraph (3), no 
     State shall receive less under this subsection for a fiscal 
     year than the greatest of--
       ``(A) $150,000;
       ``(B) one-fourth of 1 percent of the amount appropriated 
     under section 726 for that year; or
       ``(C) the amount such State received under this section for 
     fiscal year 2001.
       ``(3) Reduction for insufficient funds.--If there are 
     insufficient funds in a fiscal year to allot to each State 
     the minimum amount under paragraph (2), the Secretary shall 
     ratably reduce the allotments to all States based on the 
     proportionate share that each State received under this 
     subsection for the preceding fiscal year.'';
       (3) in subsection (d)--
       (A) in paragraph (2)--
       (i) by striking ``To provide'' and all that follows through 
     ``that enable'' and inserting ``To provide services and 
     activities to improve the identification of homeless children 
     and youths (including preschool-aged homeless children) and 
     enable''; and
       (ii) by striking ``or, if'' and inserting ``including, 
     if''; and
       (B) in paragraph (3), by striking ``designate'' and all 
     that follows and inserting ``designate in the State 
     educational agency an Office of the Coordinator for Education 
     of Homeless Children and Youths that can sufficiently carry 
     out the duties described for the Office in this subtitle.'';
       (4) in subsection (e)--
       (A) in paragraph (1), by striking ``subsection (c)(1)'' and 
     inserting ``subsection (c)(2)''; and
       (B) in paragraph (3)--
       (i) in subparagraph (E)(ii)(II), by striking ``subsection 
     (g)(6)(A)(v)'' and inserting ``subsection (g)(6)(A)(vi)''; 
     and
       (ii) in subparagraph (F)(iii), by striking ``Not later'' 
     and all that follows through ``the Secretary'' and inserting 
     ``The Secretary'';
       (5) by striking subsection (f) and inserting the following:
       ``(f) Functions of the Office of the Coordinator.--The 
     Coordinator for Education of Homeless Children and Youths 
     established in each State shall--
       ``(1) gather and make publicly available reliable, valid, 
     and comprehensive information on--
       ``(A) the number of homeless children and youths identified 
     in the State, which shall be

[[Page S4775]]

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

       (I) by striking ``(including'' and all that follows through 
     ``personnel)'' and inserting ``(including liaisons designated 
     under subparagraph (J)(ii), principals and school leaders, 
     attendance officers, teachers, enrollment personnel, and 
     specialized instructional support personnel)''; and
       (II) by striking ``of runaway and homeless youths'' and 
     inserting ``of homeless children and youths, including such 
     children and youths who are runaway and homeless youths'';

       (iv) in subparagraph (E), by striking ``food'' and 
     inserting ``nutrition'';
       (v) in subparagraph (F)--

       (I) in clause (i), by striking ``equal'' and all that 
     follows and inserting ``access to the same public preschool 
     programs, administered by the State educational agency or 
     local educational agency, as are provided to other children 
     in the State, including ensuring that access by having the 
     administering agency carry out the policies and practices 
     required under paragraph (3);'';
       (II) in clause (ii), by striking ``services; and'' and 
     inserting ``services, including through the implementation of 
     policies and practices to ensure that youths described in 
     this clause are able to receive appropriate credit for full 
     or partial coursework satisfactorily completed while 
     attending a prior school, in accordance with State, local, 
     and school policies;''; and
       (III) by striking clause (iii) and inserting the following:

       ``(iii) homeless children and youths who meet the relevant 
     eligibility criteria have access to magnet school, summer 
     school, career and technical education, dual or concurrent 
     enrollment opportunities, early college high school, advanced 
     placement, online learning, and charter school programs, if 
     such programs are available at the State or local levels; and
       ``(iv) the State educational agency and local educational 
     agencies will adopt policies and practices to promote school 
     success for homeless children and youth, including providing 
     access to full participation in the academic and 
     extracurricular activities that are made available to 
     students who are not homeless children and youth.'';
       (vi) in subparagraph (H)(i), by striking ``medical'' and 
     inserting ``other health'';
       (vii) in subparagraph (I)--

       (I) by striking ``enrollment'' and inserting 
     ``identification of homeless children and youths, and the 
     enrollment,''; and
       (II) by striking ``State.'' and inserting ``State, 
     including barriers related to fees, fines, absences, and 
     credit accrual policies.''; and

       (viii) in subparagraph (J)--

       (I) in clause (ii), by striking ``to carry out'' and 
     inserting ``and assurances that the liaison will have 
     sufficient training and time to carry out'';
       (II) in clause (iii), in the matter preceding subclause 
     (I), by striking ``origin, as determined in paragraph 
     (3)(A),'' and inserting ``origin (within the meaning of 
     paragraph (3)(A)), which may include a preschool,''; and
       (III) in subclauses (I) and (II) of clause (iii), by 
     striking ``homeless'' each place it appears;

       (B) in paragraph (3)--
       (i) in subparagraph (A)(i)(I), by striking ``or'' at the 
     end and inserting ``and'';
       (ii) in subparagraph (B)--

       (I) by striking ``Best interest'' and inserting ``School 
     stability'';
       (II) by redesignating clause (iii) as clause (iv);
       (III) by striking clauses (i) and (ii) and inserting the 
     following:

       ``(i) presume that keeping the child or youth in the school 
     of origin is in the child's or youth's best interest, except 
     when doing so is contrary to the request of the child's or 
     youth's parent or guardian, or (in the case of an 
     unaccompanied youth) the youth;
       ``(ii) consider factors related to the child's or youth's 
     best interest, including factors related to the impact of 
     mobility on achievement, health, and safety of homeless 
     children and youth, giving priority to the request of the 
     child's or youth's parent or guardian or (in the case of an 
     unaccompanied youth) the youth;
       ``(iii) if after carrying out clauses (i) and (ii) the 
     local educational agency sends the child or youth to a school 
     other than the school of origin or a school requested as 
     described in clause (ii), provide a written explanation, 
     including a statement regarding the right to appeal under 
     subparagraph (E), to the child's or youth's parent or 
     guardian, or (in the case of an unaccompanied youth) the 
     youth; and''; and

       (IV) in that clause (iv), by inserting ``and takes into 
     account'' after ``considers'';

       (iii) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Immediate enrollment.--
       ``(i) In general.--The school selected in accordance with 
     this paragraph shall immediately enroll the homeless child or 
     youth, even if the child or youth--

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

       ``(ii) Relevant academic records.--The enrolling school 
     shall immediately contact the school last attended by the 
     child or youth to obtain relevant academic and other records.
       ``(iii) Relevant health records.--If the child or youth 
     needs to obtain immunizations or health records, the 
     enrolling school shall immediately refer the parent or 
     guardian of the child or youth or (in the case of an 
     unaccompanied youth) the youth, to the local educational 
     agency liaison designated under paragraph (1)(J)(ii), who 
     shall assist in obtaining necessary immunizations or 
     screenings, or health records, in accordance with 
     subparagraph (D).'';
       (iv) in subparagraph (D)--

       (I) in the matter preceding clause (i), by striking 
     ``medical records'' and inserting ``health records''; and
       (II) in clause (i), by inserting ``involved'' after 
     ``records'';

       (v) in subparagraph (E)--

       (I) in the matter preceding clause (i), by striking ``If'' 
     and all that follows through ``school--'' and inserting ``If 
     a dispute arises over eligibility for enrollment, school 
     selection, or enrollment in a public school, including a 
     public preschool--'';
       (II) in clause (i), by inserting before the semicolon the 
     following: ``, including all available appeals''; and
       (III) by striking clause (ii) and inserting the following:

       ``(ii) the parent or guardian of the child or youth or (in 
     the case of an unaccompanied youth) the youth shall be 
     provided with a written explanation of any decisions related 
     to school selection or enrollment made by the school, the 
     local educational agency, or the State educational agency 
     involved, including the rights of the parent, guardian, or 
     unaccompanied youth to appeal such decisions;'';
       (vi) by striking subparagraph (G) and inserting the 
     following:

[[Page S4776]]

       ``(G) Privacy.--Information about a homeless child's or 
     youth's living situation shall be treated as a student 
     education record, and not as directory information, under 
     section 444 of the General Education Provisions Act (20 
     U.S.C. 1232g).''; and
       (vii) by adding at the end the following:
       ``(I) School of origin defined.--In this paragraph:
       ``(i) In general.--The term `school of origin' means the 
     school that a child or youth attended when permanently housed 
     or the school in which the child or youth was last enrolled.
       ``(ii) Receiving school.--In the case of a child or youth 
     who completed the final grade level served by the school of 
     origin, as described in clause (i), the term `school of 
     origin' shall include the designated receiving school at the 
     next grade level.'';
       (C) in paragraph (4)--
       (i) in subparagraph (A), by inserting before the period the 
     following ``, which may include transportation to a 
     preschool'';
       (ii) in subparagraph (B), by striking ``and educational'' 
     and all that follows and inserting ``educational programs for 
     English learners, charter school programs, and magnet school 
     programs.''; and
       (iii) in subparagraph (C), by striking ``vocational'' and 
     inserting ``career'';
       (D) in paragraph (5)--
       (i) in subparagraph (A)--

       (I) in clause (i), by striking ``programs providing'' and 
     inserting ``entities providing''; and
       (II) in clause (ii), by striking ``such as transportation 
     or'' and inserting ``including transportation and'';

       (ii) in subparagraph (C)--

       (I) by redesignating clauses (i) and (ii) as clauses (ii) 
     and (iii), respectively;
       (II) by inserting before clause (ii), as redesignated by 
     subclause (I), the following:

       ``(i) ensure that all homeless children and youths are 
     promptly identified;''; and

       (III) in clause (ii), as redesignated by subclause (I), by 
     striking ``have access and'' and inserting ``have access to 
     and are in''; and

       (iii) by adding at the end the following:
       ``(D) Homeless children and youths with disabilities.--For 
     children and youths who are to be assisted both under this 
     subtitle, and under the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.), each local 
     educational agency shall coordinate the provision of services 
     under this subtitle with the provision of programs for 
     children with disabilities served by that local educational 
     agency and other involved local educational agencies.'';
       (E) in paragraph (6)--
       (i) in subparagraph (A)--

       (I) by redesignating clauses (iv) through (vii) as clauses 
     (v) through (viii), respectively;
       (II) by striking clause (iii) and inserting the following:

       ``(iii) homeless families and homeless children and youths 
     have access to and receive educational services for which 
     such families, children, and youths are eligible, including 
     services through Head Start programs (including Early Head 
     Start programs) under the Head Start Act (42 U.S.C. 9831 et 
     seq.), early intervention services under part C of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1431 
     et seq.), and other preschool programs administered by the 
     local educational agency;
       ``(iv) homeless families and homeless children and youths 
     receive referrals to health care services, dental services, 
     mental health and substance abuse services, housing services, 
     and other appropriate services;'';

       (III) by striking clause (vi), as redesignated by subclause 
     (I), and inserting the following:

       ``(vi) public notice of the educational rights of homeless 
     children and youths is disseminated in locations frequented 
     by parents and guardians of such children and youths, and 
     unaccompanied youths, including schools, shelters, public 
     libraries, and soup kitchens, in a manner and form 
     understandable to the parents and guardians of homeless 
     children and youths, and unaccompanied youths;'';

       (IV) in clause (vii), as redesignated by subclause (I), by 
     striking ``and'' at the end;
       (V) in clause (viii), as redesignated by subclause (I), by 
     striking the period and inserting a semicolon; and
       (VI) by adding at the end the following:

       ``(ix) school personnel providing services under this 
     subtitle receive professional development and other support; 
     and
       ``(x) unaccompanied youths--

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

       (ii) in subparagraph (B), by striking ``and advocates'' and 
     all that follows and inserting ``advocates working with 
     homeless families, parents and guardians of homeless children 
     and youths, and homeless children and youths who are in 
     secondary school, of the duties of the local educational 
     agency liaisons, and publish an annually updated list of the 
     liaisons on the State educational agency's website.'';
       (iii) in subparagraph (C), by adding at the end the 
     following: ``Such coordination shall include collecting and 
     providing to the State coordinator the reliable, valid, and 
     comprehensive information and data needed to meet the 
     requirements of paragraphs (1) and (3) of subsection (f).''; 
     and
       (iv) by adding at the end the following:
       ``(D) Professional development.--As determined appropriate 
     by the State coordinator, the local educational agency 
     liaisons shall participate in the professional development 
     activities provided, and other technical assistance 
     activities provided pursuant to paragraphs (5) and (6) of 
     subsection (f), by the State coordinator.''; and
       (F) in paragraph (7)--
       (i) in subparagraph (A), by striking ``that receives'' and 
     all that follows through ``enrollment'' and inserting ``shall 
     review and revise any policies that may act as barriers to 
     the identification of homeless children and youths or 
     enrollment''; and
       (ii) in subparagraph (C), by striking ``enrollment'' and 
     inserting ``identification, enrollment,''; and
       (7) by striking subsection (h).

     SEC. 10103. LOCAL EDUCATIONAL AGENCY SUBGRANTS.

       Section 723 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11433) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``identification of 
     homeless children and youths and'' before ``enrollment,''; 
     and
       (B) in paragraph (2)(B), in the matter preceding clause 
     (i), by inserting ``the related'' before ``schools'';
       (2) in subsection (b), by adding at the end the following:
       ``(6) An assurance that the local educational agency will 
     collect and promptly provide the information and data 
     requested by the State coordinator pursuant to paragraphs (1) 
     and (3) of section 722(f).
       ``(7) An assurance that the applicant will meet the 
     requirements of section 722(g)(3).'';
       (3) in subsection (c)--
       (A) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``preschool, elementary, and secondary schools'' and 
     inserting ``early childhood education and other preschool 
     programs, elementary schools, and secondary schools,'';
       (ii) in subparagraph (A), by inserting ``identification,'' 
     before ``enrollment,'';
       (iii) in subparagraph (B), by striking ``application--'' 
     and all that follows and inserting ``application reflects 
     coordination with other local and State agencies that serve 
     homeless children and youths.''; and
       (iv) in subparagraph (C), by inserting ``(as of the date of 
     submission of the application)'' after ``practice'';
       (B) in paragraph (3)--
       (i) in subparagraph (C), by inserting ``extent to which the 
     applicant will promote meaningful'' after ``The'';
       (ii) in subparagraph (D), by striking ``within'' and 
     inserting ``into'';
       (iii) by redesignating subparagraph (G) as subparagraph 
     (I);
       (iv) by inserting after subparagraph (F) the following:
       ``(G) The extent to which the local educational agency will 
     use the subgrant to leverage resources.
       ``(H) How the local educational agency uses funds to serve 
     homeless children and youths under section 1113(a)(4) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6313(a)(4)).''; and
       (v) in subparagraph (I), as redesignated by clause (iii), 
     by striking ``Such'' and inserting ``The extent to which the 
     applicant's program meets such''; and
       (4) in subsection (d)--
       (A) in paragraph (1), by striking ``the same challenging 
     State academic content standards and challenging State 
     student academic achievement standards'' and inserting ``the 
     same challenging State academic standards as'';
       (B) in paragraph (2)--
       (i) by striking ``students with limited English 
     proficiency'' and inserting ``English learners''; and
       (ii) by striking ``vocational'' and inserting ``career'';
       (C) in paragraph (3), by striking ``pupil services'' and 
     inserting ``specialized instructional support services'';
       (D) in paragraph (7), by striking ``and unaccompanied 
     youths,'' and inserting ``particularly homeless children and 
     youths who are not enrolled in school,'';
       (E) in paragraph (9), by striking ``medical'' and inserting 
     ``other health'';
       (F) by striking paragraph (10) and inserting the following:
       ``(10) The provision of education and training to the 
     parents and guardians of homeless children and youths about 
     the rights of, and resources available to, such children and 
     youths, and the provision of other activities designed to 
     increase the meaningful involvement of parents and guardians 
     of homeless children or youths in the education of the 
     children or youths.'';
       (G) in paragraph (12), by striking ``pupil services'' and 
     inserting ``specialized instructional support services'';
       (H) in paragraph (13), by inserting before the period the 
     following: ``or parental mental health or substance abuse 
     problems''; and
       (I) in paragraph (16), by striking ``to attend school'' and 
     inserting ``to enroll, attend, and succeed in school 
     (including a preschool program)''.

[[Page S4777]]

     SEC. 10104. SECRETARIAL RESPONSIBILITIES.

       Section 724 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11434) is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Notice.--
       ``(1) In general.--The Secretary shall, before the next 
     school year that begins after the date of enactment of the 
     Every Child Achieves Act of 2015, update and disseminate 
     nationwide the public notice described in this subsection (as 
     in effect prior to such date) of the educational rights of 
     homeless children and youths.
       ``(2) Dissemination.--The Secretary shall disseminate the 
     notice nationally to all Federal agencies, and grant 
     recipients, serving homeless families or homeless children 
     and youth.'';
       (2) by striking subsection (d) and inserting the following:
       ``(d) Evaluation, Dissemination, and Technical 
     Assistance.--The Secretary shall conduct evaluation, 
     dissemination, and technical assistance activities for 
     programs designed to meet the educational needs of homeless 
     elementary and secondary school students, and may use funds 
     appropriated under section 726 to conduct such activities.'';
       (3) in subsection (f), by adding at the end the following: 
     ``The Secretary shall provide support and technical 
     assistance to State educational agencies, concerning areas in 
     which documented barriers to a free appropriate public 
     education persist.'';
       (4) by striking subsection (g) and inserting the following:
       ``(g) Guidelines.--The Secretary shall develop, issue, and 
     publish in the Federal Register, not later than 60 days after 
     the date of enactment of the Every Child Achieves Act of 
     2015, guidelines concerning ways in which a State--
       ``(1) may assist local educational agencies to implement 
     the provisions related to homeless children and youth amended 
     by that Act; and
       ``(2) may review and revise State policies and procedures 
     that may present barriers to the identification of homeless 
     children and youth, and the enrollment, attendance, and 
     success of homeless children and youths in school.'';
       (5) in subsection (h)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``periodically'' and inserting ``periodically but not less 
     frequently than once every 2 years,'';
       (B) in subparagraph (A), by striking ``location'' and all 
     that follows and inserting ``location (in cases in which 
     location can be identified) of homeless children and youth, 
     in all areas served by local educational agencies under this 
     subtitle;'';
       (C) in subparagraph (C), by striking ``and'' at the end;
       (D) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (E) by inserting after subparagraph (C) the following:
       ``(D) the academic progress being made by homeless children 
     and youth, including the percentage or number of homeless 
     children and youth participating in State assessments under 
     section 1111(b)(2) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(b)(2)); and''; and
       (6) in subsection (i), by striking ``McKinney-Vento 
     Homeless Education Assistance Improvements Act of 2001'' and 
     inserting ``Every Child Achieves Act of 2015''.

     SEC. 10105. DEFINITIONS.

       (a) Amendments.--Section 725 of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11434a) is amended--
       (1) in paragraph (2)(B)(i), by striking ``or are awaiting 
     foster care placement;''; and
       (2) in paragraph (6), by striking ``youth'' and inserting 
     ``homeless child or youth''.
       (b) Effective Date.--
       (1) In general.--In the case of a State that is not a 
     covered State, the amendment made by subsection (a)(1) shall 
     take effect on the date that is 1 year after the date of 
     enactment of this Act.
       (2) Covered state.--In the case of a covered State, the 
     amendment made by subsection (a)(1) shall take effect on the 
     date that is 2 years after the date of enactment of this Act.
       (c) Covered State.--For purposes of this section the term 
     ``covered State'' means a State that has a statutory law that 
     defines or describes the phrase ``awaiting foster care 
     placement'', for purposes of a program under subtitle B of 
     title VII of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11431 et seq.).

     SEC. 10106. AUTHORIZATION OF APPROPRIATIONS.

       Section 726 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11435) is amended to read as follows:

     ``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subtitle such sums as may be necessary for each of fiscal 
     years 2016 through 2021.''.

                   PART B--OTHER LAWS; MISCELLANEOUS

     SEC. 10201. USE OF TERM ``HIGHLY QUALIFIED'' IN OTHER LAWS.

       Beginning on the date of the enactment of this Act, any 
     reference in law to the term ``highly qualified'', as defined 
     in section 9101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801), shall be treated as a reference to 
     such term under section 9101 of the Elementary and Secondary 
     Education Act of 1965 as in effect on the day before the date 
     of the enactment of this Act.

     SEC. 10202. DEPARTMENT STAFF.

       The Secretary of Education shall--
       (1) not later than 90 days after the date of the enactment 
     of this Act--
       (A) identify the number of Department of Education 
     employees who worked on or administered each education 
     program and project authorized under the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as 
     such program or project was in effect on the day before such 
     enactment date, and publish such information on the 
     Department of Education's website; and
       (B) identify the number of full-time equivalent employees 
     who work on or administer programs or projects that--
       (i) were authorized under the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.), as in effect 
     on the day before such enactment date; and
       (ii) have been eliminated or consolidated since such date; 
     and
       (2) not later than 1 year after the date of the enactment 
     of this Act, prepare and submit a report to Congress on--
       (A) the number of employees associated with each program or 
     project authorized under the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.) administered 
     by the Department, disaggregated by employee function with 
     each such program or project;
       (B) the number of full-time equivalent employees who were 
     determined to be associated with eliminated or consolidated 
     programs or projects under paragraph (1)(B); and
       (C) how the Secretary addressed the findings of paragraph 
     (1)(B) relating to the number of full-time equivalent 
     employees who worked on or administered programs or projects 
     authorized under the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6301 et seq.), as in effect on the day 
     before such enactment date, that have been eliminated or 
     consolidated since such date.

     SEC. 10203. REPORT ON DEPARTMENT ACTIONS TO ADDRESS OFFICE OF 
                   THE INSPECTOR GENERAL CHARTER SCHOOL REPORTS.

       Not later than 6 months after the date of enactment of this 
     Act, the Secretary of Education shall prepare and submit to 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate, the Committee on Education and the Workforce of 
     the House of Representatives, and the relevant appropriations 
     committees of Congress, and to the public via the 
     Department's website, a report containing an update on the 
     Department of Education's continued implementation of the 
     recommendations--
       (1) responding to the March 9, 2010, final management 
     information report of the Office of the Inspector General of 
     the Department of Education, which expressed concern about 
     findings of inadequate oversight by local educational 
     agencies and authorized public chartering agencies to ensure 
     Federal funds are properly used and accounted for;
       (2) responding to the September 2012 report of the Office 
     of the Inspector General of the Department of Education 
     entitled ``The Office of Innovation and Improvement's 
     Oversight and Monitoring of the Charter Schools Program's 
     Planning and Implementation Grants Final Audit Report'' 
     finding that none of the 3 States whose charter schools 
     programs that Office investigated adequately monitored the 
     public charter schools that the States funded; and
       (3) describing actions the Department of Education has 
     taken to address the concerns described in such memorandum 
     and final audit report.
                                 ______
                                 
  SA 2090. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed to amendment SA 2089 submitted by Mr. Alexander (for himself 
and Mrs. Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

    TITLE XI--PROTECTING STUDENTS FROM SEXUAL AND VIOLENT PREDATORS

     SEC. 11001. SHORT TITLE.

       This title may be cited as the ``Protecting Students from 
     Sexual and Violent Predators Act''.

     SEC. 11002. DEFINITIONS.

       In this title--
       (1) the terms ``elementary school'', ``local educational 
     agency'', ``secondary school'', ``State'', and ``State 
     educational agency'' have the meanings given the terms in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801);
       (2) the term ``covered local educational agency'' means a 
     local educational agency that receives funds under the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.);
       (3) the term ``covered school'' means an elementary school 
     or secondary school that receives funds under the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);
       (4) the term ``covered State'' means a State that receives 
     funds under the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.);
       (5) the term ``covered State educational agency'' means a 
     State educational agency that receives funds under the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.);

[[Page S4778]]

       (6) the term ``current school employee'' means a school 
     employee who has begun employment with a covered school, 
     covered State educational agency, or covered local 
     educational agency or an employee of any person or company 
     who has a contract or agreement to provide services with a 
     covered school, covered local educational agency, or covered 
     State educational agency before the effective date of this 
     title;
       (7) the term ``designated State agency'' means the agency 
     designated in section 11003(d)(1)(A); and
       (8) the term ``school employee'' means--
       (A) an employee of, or a person seeking employment with, a 
     covered school, covered local educational agency, or covered 
     State educational agency and who, as a result of such 
     employment, has (or, in the case of a person seeking 
     employment, will have) a job duty that includes unsupervised 
     contact or interaction with elementary school or secondary 
     school students; or
       (B) any person, or an employee of any person, who has a 
     contract or agreement to provide services with a covered 
     school, covered local educational agency, or covered State 
     educational agency, and such person or employee, as a result 
     of such contract or agreement, has a job duty that includes 
     unsupervised contact or interaction with elementary school or 
     secondary school students.

     SEC. 11003. BACKGROUND CHECKS.

       (a) In General.--Each covered State shall ensure that the 
     State has in effect laws, regulations, or policies and 
     procedures requiring that--
       (1) a criminal background check be conducted for each 
     school employee in a manner that is consistent with title VII 
     of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) and 
     otherwise meets the requirements of this section, including--
       (A) a search of the State criminal registry or repository 
     of the State in which the school employee resides;
       (B) a search of State-based child abuse and neglect 
     registries and databases of the State in which the school 
     employee resides;
       (C) a Federal Bureau of Investigation fingerprint check 
     using the Integrated Automated Fingerprint Identification 
     System, conducted in accordance with section 11006; and
       (D) a search of the National Sex Offender Registry 
     established under section 119 of the Adam Walsh Child 
     Protection and Safety Act of 2006 (42 U.S.C. 16919); and
       (2) each criminal background check conducted under 
     paragraph (1) be periodically repeated or updated in 
     accordance with State law or the policies of the covered 
     State educational agency or the covered local educational 
     agencies in the State.
       (b) Timing of Background Checks.--
       (1) Current school employees.--For a current school 
     employee--
       (A) the criminal background check required under subsection 
     (a) shall be completed by not later than 3 years after the 
     effective date of this title or by the date of the current 
     school employee's next scheduled performance review as 
     provided by State law (including regulations), whichever is 
     first; and
       (B) the employment of the current school employee shall not 
     be terminated by reason of this title while the criminal 
     background check is being conducted.
       (2) All other school employees.--For any school employee 
     who is not a current school employee, the criminal background 
     check required under subsection (a) shall be completed before 
     the school employee begins employment.
       (c) Exception for Current School Employees With Prior 
     Background Checks.--
       (1) In general.--A covered State shall not be required to 
     obtain a criminal background check under subsection (a)(1) 
     for a current school employee if--
       (A)(i) the current school employee has received 1 or more 
     criminal background checks (whether on one occasion or on 
     separate occasions) that included--
       (I) a search of the State criminal registry or repository 
     of the State in which the current school employee resides;
       (II) a search of the State-based child abuse and neglect 
     registries and databases of the State in which the current 
     school employee resides;
       (III) a Federal Bureau of Investigation fingerprint check 
     using the Integrated Automated Fingerprint Identification 
     System, conducted in accordance with section 11006; and
       (IV) a search of the National Sex Offender Registry 
     established under section 119 of the Adam Walsh Child 
     Protection and Safety Act of 2006 (42 U.S.C. 16919); or
       (ii) the current school employee has received 1 or more 
     criminal background checks (whether on one occasion or on 
     separate occasions) that included 1 or more of the searches 
     and checks described in subclauses (I) through (IV) of clause 
     (i), and the designated State agency ensures that a criminal 
     background check including all of the remaining searches and 
     checks described in such subclauses is conducted for the 
     current school employee within the timeframe established by 
     subsection (b)(1)(A);
       (B) each of the searches and checks described in subclauses 
     (I) through (IV) of subparagraph (A)(i) were conducted for 
     the school employee, whether as part of 1 criminal background 
     check or on separate occasions, on or after the date that is 
     5 years before the effective date of this title;
       (C) the appropriate Federal, State, or local agency 
     provides the results of all the searches and checks described 
     in subclauses (I) through (IV) of subparagraph (A)(i) to the 
     appropriate body, as designated by State law or the policies 
     of the covered State educational agency or the employing 
     covered local educational agency; and
       (D) the appropriate body, as designated by State law or the 
     policies of the covered State agency or covered local 
     educational agency, takes steps to verify all criminal 
     background checks in accordance with State law or the 
     policies of the covered State educational agency or the 
     employing covered local educational agency.
       (2) Continued employment during verification period.--
       (A) Continued employment.--During any period during which 
     the requirements of paragraph (1) are being verified for a 
     current school employee--
       (i) the employing covered State educational agency, covered 
     local educational agency, or covered school shall not 
     terminate the employment of the covered school employee or 
     reduce the employee's pay or benefits by reason of this 
     title; and
       (ii) nothing in this title shall be construed to prohibit 
     the covered State educational agency, covered local 
     educational agency, or covered school from transferring the 
     employee to a position not meeting the criteria of section 
     11002(8) during such period of verification.
       (3) Periodic updating.--Each covered State shall ensure 
     that the State has in effect laws, regulations, or policies 
     and procedures requiring that, for each current school 
     employee who meets the requirements of this title through 
     paragraph (1), all of the searches and checks described in 
     paragraph (1)(A)(i) be periodically repeated or updated 
     through a criminal background check, in accordance with State 
     law or the policies of the covered State educational agency 
     or the covered local educational agencies in the State.
       (d) Confidentiality of and Access to Background Checks.--
       (1) Confidentiality.--Each covered State shall have in 
     effect laws, regulations, or policies and procedures that--
       (A) designate a single State agency to administer the 
     criminal background checks required under subsection (a) and 
     paragraphs (1)(A)(ii) and (3) of subsection (c); and
       (B) require that information obtained through a criminal 
     background check under subsection (a) or (c) shall only be 
     revealed to the school employee, the designated 
     representative of the school employee, and persons authorized 
     by the State to receive the information in order to make 
     employment decisions.
       (2) Copy of background check results.--
       (A) Upon request.--Upon a request by a school employee, the 
     designated State agency shall directly provide a copy of the 
     results of the criminal background check conducted pursuant 
     to subsection (a) or (c) to the school employee or to the 
     school employee's designated representative.
       (B) Upon termination or disqualification.--If a school 
     employee is terminated or disqualified from employment under 
     subparagraphs (B) through (D) of section 11004(a)(3), the 
     designated State agency shall provide the school employee 
     with a copy of the results of any criminal background check 
     conducted under this title.
       (e) Appeals Process.--
       (1) In general.--Each covered State shall have in effect 
     laws, regulations, or policies and procedures--
       (A) providing for a process by which a school employee may 
     appeal the results of a criminal background check conducted 
     pursuant to subsection (a) or (c) to challenge the accuracy 
     or completeness of the information yielded by the criminal 
     background check; and
       (B) ensuring that--
       (i) each school employee shall be given prompt notice of 
     the opportunity to appeal;
       (ii) each school employee will receive instructions about 
     how to complete the appeals process; and
       (iii) the appeals process is completed no later than 30 
     days after the appeal is filed for each school employee.
       (2) Employment status of current school employees filing an 
     appeal.--If a current school employee is disqualified from 
     employment under section 11004(a) but files an appeal under 
     this subsection, during the pendency of the appeal, such 
     employee shall not lose employment or face a reduction in pay 
     or benefits. During the pendency of the appeal, the employing 
     covered State educational agency, covered local educational 
     agency, or covered school may place the school employee in a 
     capacity where the school employee's job duties do not 
     include unsupervised contact or interaction with children.
       (f) Publication of Policies and Procedures.--Each covered 
     State shall ensure that the laws, regulations, or policies 
     and procedures required under this section are published on 
     the website of the covered State educational agency and the 
     website of each covered local educational agency that has a 
     website as of the effective date of this title.
       (g) Fees for Background Checks.--
       (1) Requirement for reasonable fees.--The Attorney General 
     of the United States, and the State Attorney General or other 
     State law enforcement official of a covered State, may charge 
     a fee for conducting a criminal background check under 
     subsection

[[Page S4779]]

     (a) or (c) if the amount of the fee does not exceed the 
     actual costs to the Federal Government or the State, as the 
     case may be, for processing and administration.
       (2) Administrative funds.--A covered State educational 
     agency or covered local educational agency may use 
     administrative funds received under the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) to 
     pay any reasonable fees charged for conducting criminal 
     background checks under subsection (a) or (c).

     SEC. 11004. PROHIBITION ON HIRING & TRANSFER.

       (a) Prohibition on Hiring.--Each covered State shall have 
     in effect laws, regulations, or policies and procedures that 
     prohibit any covered State educational agency, covered local 
     educational agency, or covered school from employing an 
     individual as a school employee if such employee--
       (1) refuses to consent to a criminal background check under 
     section 11003;
       (2) makes a knowingly false statement in connection with a 
     criminal background check under section 11003; or
       (3) has been convicted of a felony consisting of--
       (A) murder, as described in section 1111 of title 18, 
     United States Code;
       (B) child abuse;
       (C) child pornography; or
       (D) a crime involving rape or sexual assault, except for 
     statutory rape where the victim and perpetrator engaged in 
     consensual sexual conduct, the victim and perpetrator were 
     both under the age of 21, and the victim and perpetrator 
     differed in age by not more than 3 years at the time of the 
     offense.
       (b) Review.--
       (1) In general.--Each covered State shall have in effect 
     laws, regulations, or policies and procedures that establish 
     a timely review process, not to exceed 30 days from the date 
     that an appeal is received by the State, through which the 
     State may determine that, notwithstanding paragraph (2) or 
     (3) of subsection (a), a school employee identified under 
     paragraph (2) or (3) of subsection (a) is eligible for 
     employment with the covered State educational agency, covered 
     local educational agency, or covered school. 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 may include consideration of the following factors:
       (A) Nature and seriousness of the offense.
       (B) Circumstances under which the offense was committed.
       (C) Lapse of time since the offense was committed or the 
     individual was released from prison.
       (D) Individual's age at the time of the offense.
       (E) Social conditions that may have fostered the offense.
       (F) Relationship of the nature of the offense to the 
     position sought.
       (G) Number of criminal convictions.
       (H) Honesty and transparency of the candidate in admitting 
     the conviction record.
       (I) 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.
       (J) Evidence of rehabilitation, as demonstrated by the 
     individual's good conduct while in correctional custody or in 
     the community, counseling or psychiatric treatment received, 
     acquisition of additional academic or career or technical 
     schooling, successful participation in a correctional work-
     release program, or the recommendation of a current or former 
     supervisor of the individual.
       (K) Whether the individual is bonded under a Federal, 
     State, or local bonding program.
       (L) Any other factor that may lead to the conclusion that 
     the individual does not pose a risk to children.
       (2) Employment during review.--During the pendency of the 
     review described in paragraph (1) of a school employee, the 
     employing covered State educational agency, covered local 
     educational agency, or covered school may place the school 
     employee in a capacity where the employee's job duties do not 
     include unsupervised contact or interaction with children.
       (c) Prohibition on Transfer.--A covered State educational 
     agency, covered local educational agency, covered school, or 
     any employee or agent of a covered State educational agency, 
     covered local educational agency, or covered school, shall 
     not knowingly transfer or facilitate the transfer of any 
     school employee if the agency, school, employee, or agent 
     knows or has reasonable cause to believe that the school 
     employee engaged in abuse of a child, unless--
       (1) the allegations of abuse have been properly reported as 
     required by Federal, State, or local law, including title IX 
     of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) 
     and the regulations implementing such title under part 106 of 
     title 34, Code of Federal Regulations; and
       (2) with respect to the allegations--
       (A) no prosecution is undertaken by local or Federal 
     prosecutors within 1 year of the report;
       (B) the local prosecutors have indicated that the 
     individual will not be charged; or
       (C) the school employee has been charged and exonerated of 
     the charges, as defined by law or by regulations or policies 
     of the State, covered State educational agency, or applicable 
     covered local educational agency.

     SEC. 11005. REPORTING OF ABUSE ALLEGATIONS.

       (a) Prohibition on Agreements to Withhold Allegations.--
     Each covered State shall have laws, regulations, or policies 
     and procedures that--
       (1) prohibit any State educational agency, local 
     educational agency, elementary school, secondary school, or 
     employee or agent of any State educational agency, local 
     educational agency, elementary school, or secondary school, 
     from making any agreement--
       (A) to withhold, from any law enforcement authority, State 
     educational agency, local educational agency, elementary 
     school, or secondary school, the reporting of the fact that 
     an allegation of child abuse in an educational setting has 
     been made against a school employee or volunteer; or
       (B) to waive any portion of subsection (c); and
       (2) provide that the punishment for any violation of 
     paragraph (1) is not less than the punishment for a violation 
     of the State's law requiring mandatory reporting of concerns 
     of child abuse and neglect.
       (b) Immunity From Liability for Reporting.--Each covered 
     State shall have laws, regulations, or policies and 
     procedures ensuring that, notwithstanding any other Federal, 
     State, or local law or any agreement or contract, any State 
     educational agency, local educational agency, elementary 
     school, secondary school, or employee or agent of any State 
     educational agency, local educational agency, elementary 
     school, or secondary school who reasonably and in good faith 
     reports to law enforcement officials information regarding 
     allegations of child abuse or a resignation or voluntary 
     suspension due to circumstances described in subsection 
     (a)(1) shall have immunity from any civil or criminal 
     liability.
       (c) Warnings to Other Educational Agencies and Schools.--
     Each covered State shall have in effect laws, regulations, or 
     policies and procedures ensuring that, notwithstanding any 
     other Federal, State, or local law or any agreement or 
     contract, if the State educational agency or any local 
     educational agency, elementary school, secondary school, or 
     employee or agent of the State educational agency, local 
     educational agency, elementary school, or secondary school, 
     has reasonably and in good faith reported to law enforcement 
     officials information regarding allegations of child abuse in 
     an educational setting made against a school employee, and 
     the circumstances described in section 11004(c)(2) do not 
     apply to such allegations, the agency, school, employee, or 
     agent may share the report with any other State educational 
     agency, local educational agency, elementary school, or 
     secondary school that is considering hiring that school 
     employee.
       (d) Training.--Notwithstanding any other provision of this 
     title, a local educational agency may use funds provided 
     under part A of title II of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6601 et seq.) to train 
     school employees in--
       (1) recognizing signs of abuse, neglect, or sexual abuse in 
     students;
       (2) properly identifying and reporting suspected child 
     physical or sexual abuse, including appropriate behaviors by 
     school personnel and inappropriate behaviors, such as 
     grooming behaviors (defined as actions deliberately 
     undertaken with the aim of befriending and establishing an 
     emotional connection with a child to lower the child's 
     inhibitions in order to sexually abuse the child); and
       (3) effectively responding to incidents of child physical 
     and sexual abuse, including linking students and families to 
     law enforcement, school, community, mental health, or medical 
     supports.

     SEC. 11006. FBI REQUIREMENTS FOR FINGERPRINT CHECKS.

       Notwithstanding any other provision of law, if a 
     fingerprint check by the Federal Bureau of Investigation, 
     conducted pursuant to section 11003(a) or in accordance with 
     section 11003(c) after the effective date of this title, 
     reveals a record that indicates that an individual was 
     arrested or criminal proceedings were instituted against an 
     individual, but that does not include the final disposition 
     of the arrest or proceeding, the Federal Bureau of 
     Investigation shall--
       (1) further investigate the school employee's criminal 
     history until the earlier of--
       (A) the date on which the Bureau is able to determine 
     whether a final disposition was reached and what the final 
     disposition was; or
       (B) 3 business days (exclusive of the day on which the 
     initial request is made) after the date of the initial 
     request;
       (2) notify the State through the designated State agency of 
     the results of the further investigation; and
       (3) promptly correct the record, including by making 
     deletions to the record, if the Federal Bureau of 
     Investigations determined that the record was inaccurate.

     SEC. 11007. RULES OF CONSTRUCTION.

       Nothing in this title shall be construed to--
       (1) alter or otherwise affect the rights and remedies 
     provided for school employees residing in a State that 
     disqualifies individuals for employment as a school employee 
     based on convictions for crimes not specifically listed in 
     this title;
       (2) prevent a State or locality from applying the 
     requirements of this title to State educational agencies, 
     local educational agencies, elementary schools, or secondary 
     schools that do not receive funds under the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); or

[[Page S4780]]

       (3) create a private right of action against a State 
     educational agency, local educational agency, elementary 
     school, secondary school, or an employee or agent of a State 
     educational agency, local educational agency, elementary 
     school, or secondary school that is in compliance with this 
     title and with any laws, regulations, or policies and 
     procedures promulgated pursuant to this title.

     SEC. 11008. EFFECTIVE DATE.

       This title shall take effect on the date that is 2 years 
     from the date of enactment of this Act.
                                 ______
                                 
  SA 2091. Mrs. McCASKILL submitted an amendment intended to be 
proposed to amendment SA 2089 submitted by Mr. Alexander (for himself 
and Mrs. Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of title II, insert the following:

     SEC. 2007. PROGRAM FOR INTERSTATE TEACHING APPLICATIONS.

       Part F of title II, as added by section 2006, is further 
     amended by adding at the end the following:

     ``SEC. 2602. PROGRAM FOR INTERSTATE TEACHING APPLICATIONS.

       ``(a) Establishment.--The Secretary may establish and carry 
     out a program to allow States to voluntarily participate in 
     an interstate teaching application process that allows 
     teachers who are licensed or certified in any participating 
     State--
       ``(1) to be eligible for licensure or certification in 
     other participating States without subsequently completing 
     additional licensure or certification requirements; and
       ``(2) to be able to apply for open teaching positions in 
     schools that receive funds under part A of title I in other 
     participating States, unless the open position falls outside 
     the applicant's content area or grade level for which the 
     applicant is already licensed or certified.
       ``(b) Program Requirements.--In carrying out a program 
     established under subsection (a), the Secretary shall--
       ``(1) create an application for eligible teachers licensed 
     or certified in a State participating in the program who wish 
     to teach in other States participating in the program;
       ``(2) require each participating State to recognize a 
     teaching licensure or certification of each such teacher who 
     meets the application requirements under subsection (c)(1), 
     and allow such teacher to teach in an open teaching position 
     described in subsection (a)(2), without requiring such 
     teacher to complete additional requirements for licensure or 
     certification;
       ``(3) ensure that participating States maintain the 
     eligibility requirements described in subsection (d);
       ``(4) provide technical assistance to participating States; 
     and
       ``(5) provide an electronic application process for 
     teachers to apply for the program.
       ``(c) Participating Teachers.--
       ``(1) In general.--Each teacher seeking to participate in a 
     program established under subsection (a) shall submit an 
     application containing--
       ``(A) proof of an active teaching license or certification 
     in a participating State;
       ``(B) the teacher's results on each of the assessments 
     described in subparagraphs (A) through (C) of subsection 
     (d)(1) that are required by the initial licensing or 
     certifying participating State; and
       ``(C) such other information as the Secretary considers 
     appropriate.
       ``(2) Contract.--The Secretary shall award a contract to a 
     qualified entity to collect the teacher applications 
     submitted under paragraph (1).
       ``(d) Participating States.--A State shall be eligible to 
     participate in a program established under subsection (a) 
     if--
       ``(1) such State, in awarding a teaching license or 
     certification to an individual, requires--
       ``(A) an assessment of the content knowledge necessary for 
     postsecondary education and a career before a teacher begins 
     teaching in a classroom;
       ``(B) an assessment of pedagogical skills not later than 1 
     year after the date on which a teacher first begins teaching 
     in a classroom; and
       ``(C) a performance assessment not later than one year 
     after the date on which a teacher first begins teaching, 
     which may include a performance assessment completed as part 
     of a teacher preparation program; and
       ``(2) the assessments described in paragraph (1) and 
     required by such State are identified as sufficiently 
     rigorous by an organization such as the Council of Chief 
     State School Officers.
       ``(e) Regulations.--The Secretary may issue such 
     regulations as the Secretary considers necessary to carry out 
     this section.''.
                                 ______
                                 
  SA 2092. Mrs. McCASKILL submitted an amendment intended to be 
proposed to amendment SA 2089 submitted by Mr. Alexander (for himself 
and Mrs. Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 284, between lines 11 and 12, insert the following:
       ``(xxi) Enabling States, as a consortium, to voluntarily 
     develop a process that allows teachers who are licensed or 
     certified in a participating State to teach in other 
     participating States without completing additional licensure 
     or certification requirements, except that nothing in this 
     clause shall be construed to allow the Secretary to exercise 
     any direction, supervision, or control over State teacher 
     licensing or certification requirements.
                                 ______
                                 
  SA 2093. Mr. FRANKEN (for himself, Ms. Baldwin, Mr. Bennet, Mr. 
Booker, Mrs. Boxer, Mr. Brown, Ms. Cantwell, Mr. Cardin, Mr. Carper, 
Mr. Casey, Mr. Coons, Mr. Durbin, Mrs. Feinstein, Mrs. Gillibrand, Mr. 
Heinrich, Ms. Heitkamp, Ms. Hirono, Mr. Kaine, Ms. Klobuchar, Mr. 
Leahy, Mr. Markey, Mr. Manchin, Mrs. McCaskill, Mr. Menendez, Mr. 
Merkley, Ms. Mikulski, Mr. Murphy, Mrs. Murray, Mr. Peters, Mr. Reed, 
Mr. Sanders, Mr. Schatz, Mr. Schumer, Mrs. Shaheen, Ms. Stabenow, Mr. 
Tester, Mr. Udall, Ms. Warren, Mr. Whitehouse, Mr. Wyden, and Mr. Kirk) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       At the end of part B of title X, insert the following:

     SEC. __. STUDENT NON-DISCRIMINATION.

       (a) Short Title.--This section may be cited as the 
     ``Student Non-Discrimination Act of 2015''.
       (b) Findings and Purposes.--
       (1) Findings.--Congress makes the following findings:
       (A) Public school students who are lesbian, gay, bisexual, 
     or transgender (referred to in this section as ``LGBT''), or 
     are perceived to be LGBT, or who associate with LGBT people, 
     have been and are subjected to pervasive discrimination, 
     including harassment, bullying, intimidation, and violence, 
     and have been deprived of equal educational opportunities, in 
     schools in every part of the Nation.
       (B) While discrimination of any kind is harmful to students 
     and to the education system, actions that target students 
     based on sexual orientation or gender identity represent a 
     distinct and severe problem that remains inadequately 
     addressed by current Federal law.
       (C) Numerous social science studies demonstrate that 
     discrimination at school has contributed to high rates of 
     absenteeism, academic underachievement, dropping out, and 
     adverse physical and mental health consequences among LGBT 
     youth.
       (D) When left unchecked, discrimination in schools based on 
     sexual orientation or gender identity can lead, and has led, 
     to life-threatening violence and to suicide.
       (E) Public school students enjoy a variety of 
     constitutional rights, including rights to equal protection, 
     privacy, and free expression, which are infringed when school 
     officials engage in or fail to take prompt and effective 
     action to stop discrimination on the basis of sexual 
     orientation or gender identity.
       (F) Provisions of Federal statutory law expressly prohibit 
     discrimination on the basis of race, color, sex, religion, 
     disability, and national origin. The Department of Education 
     and the Department of Justice, as well as numerous courts, 
     have correctly interpreted the prohibitions on sex 
     discrimination to include discrimination based on sex 
     stereotypes and gender identity, even when that sex-based 
     discrimination coincides or overlaps with discrimination 
     based on sexual orientation. However, the absence of express 
     Federal law prohibitions on discrimination on the basis of 
     sexual orientation and gender identity has created 
     unnecessary uncertainty that risks limiting access to legal 
     remedies under Federal law for LGBT students and their 
     parents.
       (2) Purposes.--The purposes of this section are--
       (A) to ensure that all students have access to public 
     education in a safe environment free from discrimination, 
     including harassment, bullying, intimidation, and violence, 
     on the basis of sexual orientation or gender identity;
       (B) to provide a comprehensive Federal prohibition of 
     discrimination in public schools based on actual or perceived 
     sexual orientation or gender identity;
       (C) to provide meaningful and effective remedies for 
     discrimination in public schools based on actual or perceived 
     sexual orientation or gender identity;
       (D) to invoke congressional powers, including the power to 
     enforce the 14th Amendment to the Constitution of the United 
     States and to provide for the general welfare pursuant to 
     section 8 of article I of the Constitution and the power to 
     make all laws necessary and proper for the execution of the 
     foregoing powers pursuant to section 8 of article I of the 
     Constitution, in order to prohibit discrimination in public 
     schools on the basis of sexual orientation or gender 
     identity; and

[[Page S4781]]

       (E) to allow the Department of Education and the Department 
     of Justice to effectively combat discrimination based on 
     sexual orientation and gender identity in public schools, 
     through regulation and enforcement, as the Departments have 
     issued regulations under and enforced title IX of the 
     Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and 
     other nondiscrimination laws in a manner that effectively 
     addresses discrimination.
       (c) Definitions and Rule.--
       (1) Definitions.--For purposes of this section:
       (A) Educational agency.--The term ``educational agency'' 
     means a local educational agency, an educational service 
     agency, or a State educational agency, as those terms are 
     defined in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (B) Gender identity.--The term ``gender identity'' means 
     the gender-related identity, appearance, or mannerisms or 
     other gender-related characteristics of an individual, with 
     or without regard to the individual's designated sex at 
     birth.
       (C) Harassment.--The term ``harassment'' means conduct that 
     is sufficiently severe, persistent, or pervasive to limit a 
     student's ability to participate in or benefit from a program 
     or activity of a public school or educational agency, 
     including acts of verbal, nonverbal, or physical aggression, 
     intimidation, or hostility, if such conduct is based on--
       (i) a student's actual or perceived sexual orientation or 
     gender identity; or
       (ii) the actual or perceived sexual orientation or gender 
     identity of a person with whom a student associates or has 
     associated.
       (D) Program or activity.--The terms ``program or activity'' 
     and ``program'' have the same meanings given such terms as 
     applied under section 606 of the Civil Rights Act of 1964 (42 
     U.S.C. 2000d-4a) to the operations of public entities under 
     paragraph (2)(B) of such section.
       (E) Public school.--The term ``public school'' means an 
     elementary school (as the term is defined in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)) that is a public institution, and a secondary school 
     (as so defined) that is a public institution.
       (F) Sexual orientation.--The term ``sexual orientation'' 
     means homosexuality, heterosexuality, or bisexuality.
       (G) Student.--The term ``student'' means an individual 
     within the age limits for which the State provides free 
     public education who is enrolled in a public school or who, 
     regardless of official enrollment status, attends classes or 
     participates in the programs or activities of a public school 
     or local educational agency.
       (2) Rule.--Consistent with Federal law, in this section the 
     term ``includes'' means ``includes but is not limited to''.
       (d) Prohibition Against Discrimination.--
       (1) In general.--No student shall, on the basis of actual 
     or perceived sexual orientation or gender identity of such 
     individual or of a person with whom the student associates or 
     has associated, be excluded from participation in, be denied 
     the benefits of, or be subjected to discrimination under any 
     program or activity receiving Federal financial assistance.
       (2) Harassment.--For purposes of this section, 
     discrimination includes harassment of a student on the basis 
     of actual or perceived sexual orientation or gender identity 
     of such student or of a person with whom the student 
     associates or has associated.
       (3) Retaliation prohibited.--
       (A) Prohibition.--No person shall be excluded from 
     participation in, be denied the benefits of, or be subjected 
     to discrimination, retaliation, or reprisal under any program 
     or activity receiving Federal financial assistance based on 
     the person's opposition to conduct made unlawful by this 
     section.
       (B) Definition.--For purposes of this paragraph, 
     ``opposition to conduct made unlawful by this section'' 
     includes--
       (i) opposition to conduct believed to be made unlawful by 
     this section or conduct that could be believed to become 
     unlawful under this section if allowed to continue;
       (ii) any formal or informal report, whether oral or 
     written, to any governmental entity, including public schools 
     and educational agencies and employees of the public schools 
     or educational agencies, regarding conduct made unlawful by 
     this section, conduct believed to be made unlawful by this 
     section, or conduct that could be believed to become unlawful 
     under this section if allowed to continue;
       (iii) participation in any investigation, proceeding, or 
     hearing related to conduct made unlawful by this section, 
     conduct believed to be made unlawful by this section, or 
     conduct that could be believed to become unlawful under this 
     section if allowed to continue; and
       (iv) assistance or encouragement provided to any other 
     person in the exercise or enjoyment of any right granted or 
     protected by this section,

     if in the course of that expression, the person involved does 
     not purposefully provide information known to be false to any 
     public school or educational agency or other governmental 
     entity regarding conduct made unlawful by this section, or 
     conduct believed to be made unlawful by this section, or 
     conduct that could be believed to become unlawful under this 
     section if allowed to continue.
       (e) Federal Administrative Enforcement; Report to 
     Congressional Committees.--
       (1) Requirements.--Each Federal department and agency which 
     is empowered to extend Federal financial assistance to any 
     education program or activity, by way of grant, loan, or 
     contract other than a contract of insurance or guaranty, is 
     authorized and directed to effectuate the provisions of 
     subsection (d) with respect to such program or activity by 
     issuing rules, regulations, or orders of general 
     applicability which shall be consistent with achievement of 
     the objectives of the statute authorizing the financial 
     assistance in connection with which the action is taken. No 
     such rule, regulation, or order shall become effective unless 
     and until approved by the President.
       (2) Enforcement.--Compliance with any requirement adopted 
     pursuant to this subsection may be effected--
       (A) by the termination of or refusal to grant or to 
     continue assistance under such program or activity to any 
     recipient as to whom there has been an express finding on the 
     record, after opportunity for hearing, of a failure to comply 
     with such requirement, but such termination or refusal shall 
     be limited to the particular political entity, or part 
     thereof, or other recipient as to whom such a finding has 
     been made, and shall be limited in its effect to the 
     particular program, or part thereof, in which such 
     noncompliance has been so found; or
       (B) by any other means authorized by law,
     except that no such action shall be taken until the 
     department or agency concerned has advised the appropriate 
     person or persons of the failure to comply with the 
     requirement and has determined that compliance cannot be 
     secured by voluntary means.
       (3) Reports.--In the case of any action terminating, or 
     refusing to grant or continue, assistance because of failure 
     to comply with a requirement imposed pursuant to this 
     subsection, the head of the Federal department or agency 
     shall file with the committees of the House of 
     Representatives and Senate having legislative jurisdiction 
     over the program or activity involved a full written report 
     of the circumstances and the grounds for such action. No such 
     action shall become effective until 30 days have elapsed 
     after the filing of such report.
       (f) Private Cause of Action.--
       (1) Private cause of action.--Subject to paragraph (3), and 
     consistent with the cause of action recognized under title VI 
     of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and 
     title IX of the Education Amendments of 1972 (20 U.S.C. 1681 
     et seq.), an aggrieved individual may bring an action in a 
     court of competent jurisdiction, asserting a violation of 
     this section. Aggrieved individuals may be awarded all 
     appropriate relief, including equitable relief, compensatory 
     damages, and costs of the action.
       (2) Rule of construction.--This subsection shall not be 
     construed to preclude an aggrieved individual from obtaining 
     remedies under any other provision of law or to require such 
     individual to exhaust any administrative complaint process or 
     notice of claim requirement before seeking redress under this 
     subsection.
       (3) Statute of limitations.--For actions brought pursuant 
     to this subsection, the statute of limitations period shall 
     be determined in accordance with section 1658(a) of title 28, 
     United States Code. The tolling of any such limitations 
     period shall be determined in accordance with the law 
     governing actions under section 1979 of the Revised Statutes 
     (42 U.S.C. 1983) in the State in which the action is brought.
       (g) Cause of Action by the Attorney General.--The Attorney 
     General is authorized to institute for or in the name of the 
     United States a civil action for a violation of this section 
     in any appropriate district court of the United States 
     against such parties and for such relief as may be 
     appropriate, including equitable relief and compensatory 
     damages. Whenever a civil action is instituted for a 
     violation of this section, the Attorney General may intervene 
     in such action upon timely application and shall be entitled 
     to the same relief as if the Attorney General had instituted 
     the action. Nothing in this section shall adversely affect 
     the right of any person to sue or obtain relief in any court 
     for any activity that violates this section, including 
     regulations promulgated pursuant to this section.
       (h) State Immunity.--
       (1) State immunity.--A State shall not be immune under the 
     11th Amendment to the Constitution of the United States from 
     suit in Federal court for a violation of this section.
       (2) Waiver.--A State's receipt or use of Federal financial 
     assistance for any program or activity of a State shall 
     constitute a waiver of sovereign immunity, under the 11th 
     Amendment or otherwise, to a suit brought by an aggrieved 
     individual for a violation of subsection (d).
       (3) Remedies.--In a suit against a State for a violation of 
     this section, remedies (including remedies both at law and in 
     equity) are available for such a violation to the same extent 
     as such remedies are available for such a violation in the 
     suit against any public or private entity other than a State.
       (i) Attorney's Fees.--Section 722(b) of the Revised 
     Statutes (42 U.S.C. 1988(b)) is amended by inserting ``the 
     Student Non-Discrimination Act of 2015,'' after ``Religious 
     Land Use and Institutionalized Persons Act of 2000,''.
       (j) Effect on Other Laws.--

[[Page S4782]]

       (1) Federal and state nondiscrimination laws.--Nothing in 
     this section shall be construed to preempt, invalidate, or 
     limit rights, remedies, procedures, or legal standards 
     available to victims of discrimination or retaliation, under 
     any other Federal law or law of a State or political 
     subdivision of a State, including titles IV and VI of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000c et seq., 2000d et 
     seq.), title IX of the Education Amendments of 1972 (20 
     U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act 
     of 1973 (29 U.S.C. 794), the Americans with Disabilities Act 
     of 1990 (42 U.S.C. 12101 et seq.), or section 1979 of the 
     Revised Statutes (42 U.S.C. 1983). The obligations imposed by 
     this section are in addition to those imposed by titles IV 
     and VI of the Civil Rights Act of 1964 (42 U.S.C. 2000c et 
     seq., 2000d et seq.), title IX of the Education Amendments of 
     1972 (20 U.S.C. 1681 et seq.), section 504 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and 
     section 1979 of the Revised Statutes (42 U.S.C. 1983).
       (2) Free speech and expression laws and religious student 
     groups.--Nothing in this section shall be construed to alter 
     legal standards regarding, or affect the rights available to 
     individuals or groups under, other Federal laws that 
     establish protections for freedom of speech and expression, 
     such as legal standards and rights available to religious and 
     other student groups under the First Amendment and the Equal 
     Access Act (20 U.S.C. 4071 et seq.).
       (k) Severability.--If any provision of this section, or any 
     application of such provision to any person or circumstance, 
     is held to be unconstitutional, the remainder of this 
     section, and the application of the provision to any other 
     person or circumstance shall not be impacted.
       (l) Effective Date.--This section shall take effect 60 days 
     after the date of enactment of this section and shall not 
     apply to conduct occurring before the effective date of this 
     section.
                                 ______
                                 
  SA 2094. Mr. TOOMEY (for himself, Mr. Manchin, Mr. Cotton, Mr. 
McCain, Mr. Gardner, and Mr. Vitter) submitted an amendment intended to 
be proposed to amendment SA 2089 submitted by Mr. Alexander (for 
himself and Mrs. Murray) to the bill S. 1177, to reauthorize the 
Elementary and Secondary Education Act of 1965 to ensure that every 
child achieves; as follows:

       At the end of title IX, add the following:

     SEC. ____. PROTECTING CHILDREN FROM CHILDREN FROM CONVICTED 
                   PEDOPHILES, CHILD MOLESTERS, AND OTHER SEX 
                   OFFENDERS.

       Title IX (20 U.S.C. 7801 et seq.), as amended by this 
     title, is further amended by adding at the end the following:

              ``PART H--SCHOOL EMPLOYEE BACKGROUND CHECKS

     ``SEC. 9651. SHORT TITLE.

       ``This part may be cited as the `Protecting Students from 
     Sexual and Violent Predators Act'.

     ``SEC. 9652. DEFINITION OF SCHOOL EMPLOYEE.

       ``In this part, the term `school employee' means--
       ``(1) a person who--
       ``(A) is an employee of, or is seeking employment with, an 
     elementary school, secondary school, local educational 
     agency, or State educational agency, that receives funds 
     under this Act; and
       ``(B) 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; or
       ``(2) a person, or an employee of a person, who--
       ``(A) has a contract or agreement to provide services with 
     an elementary school, secondary school, local educational 
     agency, or State educational agency, that receives funds 
     under this Act; and
       ``(B) as a result of such contract or agreement, the person 
     or employee, respectively, has a job duty that results in 
     unsupervised access to elementary school or secondary school 
     students.

     ``SEC. 9653. BACKGROUND CHECKS.

       ``(a) Background Checks.--Not later than 2 years after the 
     date of enactment of the Every Child Achieves Act of 2015, 
     each State educational agency, or each local educational 
     agency in any case where State law designates a local 
     educational agency to carry out the requirements of this 
     part, that receives funds under this Act shall, as a 
     condition of receiving such funds, have in effect policies 
     and procedures that--
       ``(1) require that a criminal background check be conducted 
     for each school employee that includes--
       ``(A) a search of the State criminal registry or repository 
     of the State in which the school employee resides;
       ``(B) a search of State-based child abuse and neglect 
     registries and databases of the State in which the school 
     employee resides;
       ``(C) a Federal Bureau of Investigation fingerprint check 
     using the Integrated Automated Fingerprint Identification 
     System; and
       ``(D) a search of the National Sex Offender Registry 
     established under section 119 of the Adam Walsh Child 
     Protection and Safety Act of 2006 (42 U.S.C. 16919);
       ``(2) prohibit the employment of a school employee as a 
     school employee if such employee--
       ``(A) refuses to consent to a criminal background check 
     under paragraph (1);
       ``(B) makes a false statement in connection with such 
     criminal background check;
       ``(C) has been convicted of a felony consisting of--
       ``(i) murder;
       ``(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; or
       ``(viii) physical assault, battery, or a drug-related 
     offense, committed on or after the date that is 5 years 
     before the date of such employee's criminal background check 
     under paragraph (1); or
       ``(D) has been convicted of any other crime that is a 
     violent or sexual crime against a minor;
       ``(3) require that each criminal background check conducted 
     under paragraph (1) be periodically repeated or updated in 
     accordance with State law or the policies of local 
     educational agencies served by the State educational agency;
       ``(4) upon request, provide each school employee who has 
     had a criminal background check under paragraph (1) with a 
     copy of the results of the criminal background check;
       ``(5) provide for a timely process, by which a school 
     employee may appeal, but which does not permit the employee 
     to be employed as a school employee during such appeal, the 
     results of a criminal background check conducted under 
     paragraph (1) which prohibit the employee from being employed 
     as a school employee under paragraph (2) to--
       ``(A) challenge the accuracy or completeness of the 
     information produced by such criminal background check; and
       ``(B) establish or reestablish eligibility to be hired or 
     reinstated as a school employee by demonstrating that the 
     information is materially inaccurate or incomplete, and has 
     been corrected;
       ``(6) ensure that such policies and procedures are 
     published on the website of the State educational agency and 
     the website of each local educational agency served by the 
     State educational agency; and
       ``(7) allow a local educational agency to share the results 
     of a school employee's criminal background check recently 
     conducted under paragraph (1) with another local educational 
     agency that is considering such school employee for 
     employment as a school employee.
       ``(b) Fees for Background Checks.--
       ``(1) Charging of fees.--The Attorney General, attorney 
     general of a State, or other State law enforcement official 
     may charge reasonable fees for conducting a criminal 
     background check under subsection (a)(1), but such fees shall 
     not exceed the actual costs for the processing and 
     administration of the criminal background check.
       ``(2) Administrative funds.--A local educational agency or 
     State educational agency may use administrative funds 
     received under this Act to pay any reasonable fees charged 
     for conducting such criminal background check.

    ``PART I--BAN ON AIDING AND ABETTING CHILD SEXUAL ABUSE THROUGH 
                          `PASSING THE TRASH'

     ``SEC. 9661. BAN ON AIDING AND ABETTING CHILD SEXUAL ABUSE 
                   THROUGH `PASSING THE TRASH'.

       ``Each State or State educational agency, or each local 
     educational agency in any case where State law designates a 
     local educational agency to carry out the requirements of 
     this part, that receives funds under this Act shall, as a 
     condition of receiving such funds, have in effect laws, 
     regulations, or policies and procedures that prohibit any 
     agency or person from transferring, or facilitating the 
     transfer of, any school employee if the agency or person 
     knows, or recklessly disregards information showing, that 
     such school employee engaged in sexual misconduct with a 
     minor in violation of law.''.
                                 ______
                                 
  SA 2095. Mr. PETERS submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; as 
follows:

       On page 172, line 25, insert ``financial literacy 
     activities and'' before ``adult education''.
                                 ______
                                 
  SA 2096. Mr. KAINE (for himself, Mr. Merkley, Ms. Ayotte, and Ms. 
Baldwin) submitted an amendment intended to be proposed to amendment SA 
2089 submitted by Mr. Alexander (for himself and Mrs. Murray) to the 
bill S. 1177, to reauthorize the Elementary and Secondary Education Act 
of 1965 to ensure that every child achieves; which was ordered to lie 
on the table; as follows:

       On page 759, line 3, insert ``career and technical 
     education,'' after ``music,''.
                                 ______
                                 
  SA 2097. Mr. BROWN submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize

[[Page S4783]]

the Elementary and Secondary Education Act of 1965 to ensure that every 
child achieves; which was ordered to lie on the table; as follows:

       Beginning on page 494, strike line 1 and all that follows 
     through page 544, line 9, and insert the following:

     SEC. 5002. PUBLIC CHARTER SCHOOLS.

       Part A of title V (20 U.S.C. 7221 et seq.), as redesignated 
     by section 5001(5), is amended--
       (1) by striking sections 5101 through 5105, as redesignated 
     by section 5001(7), and inserting the following:

     ``SEC. 5101. PURPOSE.

       ``It is the purpose of this part to--
       ``(1) provide authorization and support for public charter 
     schools providing elementary or secondary education as a 
     means to test and learn from innovations aimed at improving 
     the education of all students and strengthening public 
     education;
       ``(2) evaluate the impact of such schools on student 
     achievement, families, and communities, and share best 
     practices among charter schools and other public schools;
       ``(3) expand opportunities for children with disabilities, 
     students who are English learners, and other traditionally 
     underserved students to attend charter schools and meet the 
     challenging State academic standards under section 
     1111(b)(1); and
       ``(4) support efforts to strengthen the charter school 
     authorizing process to improve performance management, 
     including transparency, monitoring, including financial 
     audits, and evaluation of such schools.

     ``SEC. 5102. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary may award grants to 
     eligible State educational agencies having applications 
     approved pursuant to section 5103(f) to enable such agencies 
     to conduct a charter school grant program in accordance with 
     this part, by--
       ``(1) supporting the startup of charter schools that are 
     evaluated by the charter school authorizer for quality and 
     local impact;
       ``(2) supporting the replication and expansion of high-
     quality charter schools;
       ``(3) assisting charter schools in accessing credit to 
     acquire and renovate facilities for school use; and
       ``(4) carrying out national activities to support--
       ``(A) the dissemination of best and promising practices 
     between and among magnet, traditional district, and charter 
     schools;
       ``(B) the evaluation of the impacts of the charter school 
     program under this part on educational quality and equity for 
     students, and the overall strength of public education in 
     local communities; and
       ``(C) stronger charter school authorizing.
       ``(b) Funding Allotment.--From the amount made available 
     under section 5113 for a fiscal year, the Secretary shall--
       ``(1) reserve 12.5 percent to support charter school 
     facilities assistance under section 5104;
       ``(2) reserve not more than 25 percent to carry out section 
     5103A and section 5105; and
       ``(3) use the remaining amount after the reservations under 
     paragraphs (1) and (2) to carry out section 5103.
       ``(c) Prior Grants and Subgrants.--The recipient of a grant 
     or subgrant under this part (as such part was in effect on 
     the day before the date of enactment of the Every Child 
     Achieves Act of 2015) shall continue to receive funds in 
     accordance with the terms and conditions of such grant or 
     subgrant.

     ``SEC. 5103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.

       ``(a) Program Authorized.--From the amount available under 
     section 5102(b)(3), the Secretary shall award, on a 
     competitive basis, grants to eligible State educational 
     agencies having applications approved under subsection (f) to 
     enable such eligible State educational agencies to--
       ``(1) award subgrants to eligible applicants to enable such 
     eligible applicants to--
       ``(A) support the startup of charter schools that are 
     thoroughly vetted by the authorizer for quality and local 
     impact;
       ``(B) replicate or expand high-quality charter schools, 
     which may include--
       ``(i) supporting the acquisition, expansion, or preparation 
     of a charter school building to meet increasing enrollment 
     needs, including financing the development of a new building 
     and ensuring that a school building complies with applicable 
     statutes and regulations;
       ``(ii) paying costs associated with hiring additional 
     teachers to serve additional students;
       ``(iii) providing transportation to students to and from 
     the charter school;
       ``(iv) providing instructional materials, implementing 
     teacher and principal or other school leader professional 
     development programs, and hiring additional nonteaching 
     staff;
       ``(v) supporting any necessary activities that assist the 
     charter school in carrying out this section; and
       ``(vi) providing early childhood education programs for 
     children, including direct support to, and coordination with, 
     school or community based early childhood education programs; 
     or
       ``(C) in the case of the closure or dissolution of a 
     charter school, transfer students and student records to 
     another school in the school district in which the charter 
     school is located; and
       ``(2) provide technical assistance to eligible applicants 
     and charter school authorizers in carrying out the activities 
     described in paragraph (1), and work with charter school 
     authorizers in the State to improve authorizing quality, 
     including developing capacity for and conducting fiscal 
     oversight and auditing of charter schools.
       ``(b) Eligible State Educational Agency Defined.--For 
     purposes of this section, the term `eligible State 
     educational agencies' are State educational agencies with all 
     of the following student, family, community and taxpayer 
     protection laws and policies in place:
       ``(1) State law authorizing the creation of charter 
     schools.--The State must have a law in force that authorizes 
     the creation and operation of charter schools.
       ``(2) Fiduciary duties and conflict of interest rules.--The 
     State must have legally binding rules establishing fiduciary 
     duties for officers, directors, managers, and employees of 
     charter schools and prohibitions against conflicts of 
     interest among officers, directors, managers, and employees 
     of charter schools, education management organizations, and 
     related entities. Specifically, the State must have legally 
     binding rules--
       ``(A) providing that charter school officers, directors, 
     managers, and employees occupy positions of trust when they 
     handle the money or property of the charter school;
       ``(B) prohibiting charter school officers, directors, 
     managers, and employees from dealing with the charter school 
     as an adverse party or acting on behalf of an adverse party 
     in any matter connected with the duties of such officer, 
     director, manager, or employee;
       ``(C) prohibiting charter school officers, directors, 
     managers, and employees from holding or acquiring any 
     pecuniary or personal interest that conflicts with the 
     interests of the charter school;
       ``(D) prohibiting education management organizations from 
     entering into any transaction with a related party, 
     including--
       ``(i) any related entity formed for the purpose of managing 
     or providing support to a charter school or group of related 
     charter schools;
       ``(ii) any direct or indirect wholly owned subsidiary of 
     any such entity, if the transaction benefits the education 
     management organization, the related party, or both; or
       ``(iii) any other related party; and
       ``(E) providing civil remedies and criminal penalties, as 
     applicable, that will apply to a breach of fiduciary duties 
     and prohibited actions described in this paragraph in the 
     same manner that such remedies or penalties apply to a breach 
     of fiduciary duties or an action similar to a prohibited 
     action under this paragraph in the case of officers, 
     directors, managers, and employees of an entity that is not a 
     charter school.
       ``(3) Public removal of charter school governing board 
     members.--The State charter school law shall ensure that a 
     State agency or charter school authorizer has the authority 
     to remove a member of a charter school's governing board if 
     the member has violated the member's fiduciary 
     responsibilities or the applicable conflict of interest 
     rules.
       ``(4) Independent financial audit requirements with public 
     disclosure.--The State must require that all charter schools, 
     and all education management organizations that enter into 
     management services contracts with charter schools--
       ``(A) conduct annual, independent audits of their financial 
     statements and submit these required audit reports to the 
     eligible State educational agency; and
       ``(B) make the required audit reports, including any 
     management letters, publicly available via disclosure by the 
     eligible State educational agency.
       ``(5) Charter school access to books and records of 
     education management organizations.--The State must require 
     that a charter school's governing board have access to all 
     the books and records--
       ``(A) of any education management organization with which 
     the board has contracted to manage the school; and
       ``(B) that are applicable to that charter school.
       ``(6) Open meetings and open records requirements for 
     charter schools.--The State must provide that charter schools 
     are covered by the State's open meetings and open records 
     laws to the same extent that public schools and school boards 
     are covered by such laws.
       ``(7) Charter school authorizer authority.--The State must 
     have policies in force that provide charter school 
     authorizers with the authority to--
       ``(A) inspect and obtain copies of any books and records of 
     the charter schools they authorize, including all contracts 
     entered into by the charter schools; and
       ``(B) conduct a review or audit of educational performance 
     and financial operations of the charter schools they 
     authorize.
       ``(8) Charter school authorizer accountability.--The State 
     must have policies holding charter school authorizers 
     responsible for monitoring the educational performance and 
     financial operations of all charter schools that the charter 
     school authorizer has authorized. Such policies must include 
     all of the following:
       ``(A) Performance standards for charter school authorizers.
       ``(B) A standardized and public charter school authorizer 
     performance reporting system that discloses, for each 
     authorizer in each school year--
       ``(i) the number of applications received;
       ``(ii) the number of applications approved;
       ``(iii) the name, location, and status of each authorized 
     school; and

[[Page S4784]]

       ``(iv) all charter school closures, decisions to deny 
     renewal of charters, or decisions to cancel charters, 
     including reasons for the closures, nonrenewal decisions, or 
     cancellation decisions.
       ``(C) The provision of technical assistance to help 
     authorizers meet performance standards.
       ``(D) Authority on the part of an agency or instrumentality 
     of the State to suspend or revoke an authorizer's ability to 
     authorize charter schools on the basis of poor performance, 
     and policies relating to that authority, including--
       ``(i) published criteria for such suspensions or 
     revocations based on the educational or financial performance 
     of the schools that are authorized by the charter school 
     authorizer; and
       ``(ii) a protocol or policy for reassigning authorizer 
     responsibilities for each such school to another appropriate 
     authorizer and assisting with the necessary transition 
     (except in the case of a State that has only one charter 
     school authorizer).
       ``(E) A policy regarding how charter schools are monitored 
     and held accountable for--
       ``(i) meeting the requirements described in section 
     5110(1); and
       ``(ii) providing equitable access and effectively serving 
     the needs of all students, including students with 
     disabilities and English learners.
       ``(F) A policy regarding how the charter school authorizer 
     will ensure that the local educational agency that serves a 
     charter school that such charter school authorizer has 
     authorized will comply with subsections (a)(5) and (e)(1)(B) 
     of section 613 of the Individuals with Disabilities Education 
     Act.
       ``(9) For-profit charter schools.--The State must have laws 
     in effect that require for-profit charter schools to--
       ``(A) ensure that the charter school's educational 
     responsibilities take primacy over other purposes, such as 
     generating financial returns for investors, contributing to a 
     related or parent organization, or supporting external 
     interests; and
       ``(B) include board members who have no significant 
     administrative position and no ownership interest in the 
     charter school or a related party, as described in 
     5103(b)(2)(D).
       ``(10) Districtwide multi-year school plan.--The State must 
     require local educational agencies, charter school 
     authorizers, and charter schools to jointly develop and 
     regularly update a districtwide multi-year school plan, which 
     shall be coordinated by the charter school authorizer.
       ``(11) Impact statement.--The State must require that 
     before any new charter school application is approved, the 
     local educational agency that serves the charter school or is 
     in the geographic area of the charter school, in accordance 
     with the districtwide multi-year school plan, shall--
       ``(A) prepare an impact statement--
       ``(i) assessing the proposed charter school's impact on the 
     districtwide multi-year school plan; and
       ``(ii) identifying the role that the charter school intends 
     to fill within the local educational agency;
       ``(B) make such impact statement available to community 
     members prior to the hearing described in subparagraph (C); 
     and
       ``(C) hold a community input hearing prior to the 
     determination about the approval or disapproval of a pending 
     charter school application.
       ``(12) Impact report.--The State educational agency must 
     prepare, and publish on the State educational agency website, 
     an annual assessment of the impact of charter schools on 
     local educational agencies in the State, including--
       ``(A) a review of the flow of funding between sectors, 
     student enrollment trends, and educational outcomes;
       ``(B) identification of noteworthy innovative or promising 
     practices carried out by charter schools in the State; and
       ``(C) documentation of efforts that lead to two-way cross 
     sector sharing of promising practices.
       ``(13) Charter school disclosures.--
       ``(A) In general.--Subject to subparagraph (B), the State 
     must require each charter school to publicly disclose, on the 
     school's website, the following:
       ``(i) The school's charter documents.
       ``(ii) Any performance agreements in effect between the 
     charter school and the charter school's authorizer.
       ``(iii) A description of the schools' program, including 
     courses and programs offered.
       ``(iv) Whether or not transportation services are provided, 
     and any fees for transportation.
       ``(v) Whether or not meals and snacks are served at school 
     and whether or not free or reduced-price meals are available 
     (and, if so, to which students).
       ``(vi) Annual student attrition rates by grade level.
       ``(vii) Student behavior or discipline codes, policies, and 
     processes, including parent appeal options.
       ``(viii) Annual teacher attrition rates.
       ``(ix) The amounts of non-public funding sources, including 
     the duration of philanthropic funding commitments.
       ``(x) The names of legal title holders of land and 
     buildings that the charter school utilizes, along with a 
     description of any public subsidies used directly or 
     indirectly to purchase or lease charter school property.
       ``(xi) Fees related to incidentals of attendance, and 
     whether any of those fees are waived for certain students 
     (such as for students who are eligible to receive a free or 
     reduced price lunch).
       ``(xii) Information related to financial and in-kind 
     contributions of support, which shall be--

       ``(I) the amount and duration of any Federal, State, local, 
     and private financial and in-kind contributions of support, 
     and how such funding and in-kind contributions are spent or 
     used;
       ``(II) the information required to be submitted to the 
     Office for Civil Rights for the Civil Rights Data Collection; 
     or
       ``(III) in the case of an organization described in section 
     501(c)(3) of the Internal Revenue Code that is exempt from 
     taxation under section 501(a) of that Code, the information 
     required to be submitted on any return to be filed under 
     section 6033 of that Code.

       ``(B) Personally identifiable information.--Notwithstanding 
     the requirements under subparagraph (A), a charter school 
     shall not provide any information under this paragraph that 
     would reveal personally identifiable information about an 
     individual.
       ``(c) Eligible State Educational Agency Uses of Funds.--
       ``(1) In general.--An eligible State educational agency 
     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 eligible 
     State educational agency's application pursuant to subsection 
     (f), for the purposes described in subsection (a)(1);
       ``(B) reserve not less than 5 percent of such funds to 
     carry out the activities described in subsection (a)(2);
       ``(C) reserve not more than 3 percent of such funds for 
     administrative costs, which may include the administrative 
     costs of providing technical assistance; and
       ``(D) reserve not less than 2 percent of such funds for the 
     oversight of charter school use of Federal, State, and local 
     public funds and private funds, including the investigation 
     of fraud, waste, mismanagement and misconduct and ensuring 
     compliance with paragraphs (2), (4), and (13) of subsection 
     (b), which may be used by--
       ``(i) the State for oversight of each charter school in the 
     State;
       ``(ii) local educational agencies for oversight of public 
     charter schools served by the local educational agency; and
       ``(iii) charter school authorizers for--

       ``(I) oversight of each charter school that is authorized 
     by such authorizer; and
       ``(II) coordination of the districtwide multi-year school 
     plan, as described in subsection (b)(10).

       ``(2) Rules of construction.--Nothing in this part shall 
     prohibit the Secretary from awarding grants to eligible State 
     educational agencies, or eligible State educational agencies 
     from awarding subgrants to eligible applicants, that use a 
     weighted lottery, or an equivalent lottery mechanism, to give 
     better chances for school admission to all or a subset of 
     educationally disadvantaged students if--
       ``(A) the use of a weighted lottery in favor of such 
     students is not prohibited by State law; and
       ``(B) such weighted lottery is not used for the purpose of 
     creating schools exclusively to serve a particular subset of 
     students.
       ``(d) Program Periods; Peer Review; Distribution of 
     Subgrants; Waivers.--
       ``(1) Program periods.--
       ``(A) Grants.--A grant awarded by the Secretary to an 
     eligible State educational agency under this section shall be 
     for a period of not more than 3 years, and may be renewed by 
     the Secretary for one additional 2-year period.
       ``(B) Subgrants.--A subgrant awarded by an eligible State 
     educational agency under this section--
       ``(i) shall be for a period of not more than 3 years, of 
     which an eligible applicant may use not more than 18 months 
     for planning and program design; and
       ``(ii) may be renewed by the eligible State educational 
     agency for one additional 2-year period.
       ``(2) Peer review.--The Secretary, and each eligible State 
     educational agency awarding subgrants under this section, 
     shall use a peer-review process to review applications for 
     assistance under this section.
       ``(3) Distribution of subgrants.--Each eligible State 
     educational agency awarding subgrants under this section 
     shall award subgrants in a manner that, to the extent 
     practicable and applicable, ensures that such subgrants--
       ``(A) prioritize eligible applicants that plan to serve a 
     significant number of students from low-income families;
       ``(B) are distributed throughout different areas, including 
     urban, suburban, and rural areas; and
       ``(C) will assist charter schools representing a variety of 
     educational approaches.
       ``(4) Waivers.--The Secretary may waive any statutory or 
     regulatory requirement over which the Secretary exercises 
     administrative authority under this Act with respect to 
     charter schools supported under this part, except any such 
     requirement relating to the elements of a charter school, 
     if--
       ``(A) the waiver is requested in an approved application; 
     and
       ``(B) the Secretary determines that granting such waiver 
     will promote the purposes of this part.

[[Page S4785]]

       ``(e) Limitations.--
       ``(1) Grants.--An eligible State educational agency may not 
     receive more than 1 grant under this section at a time.
       ``(2) Subgrants.--An eligible applicant may not receive 
     more than 1 subgrant under this section for each individual 
     charter school for each grant period or renewal period, 
     unless the eligible applicant demonstrates to the eligible 
     State educational agency that such individual charter school 
     has demonstrated a strong track record of positive results 
     over the course of the grant period regarding the elements 
     described in subparagraphs (A) and (D) of section 5110(8).
       ``(f) Applications.--
       ``(1) In general.--An eligible State educational agency 
     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.
       ``(2) Contents.--The application shall, in addition to 
     citing the applicable policies necessary to satisfy the grant 
     eligibility criteria set forth in subsection (b), provide a 
     description of the eligible State educational agency's 
     objectives in running a quality charter school program under 
     this section and how the objectives of the program will be 
     carried out, including a description of the following:
       ``(A) How the eligible State educational agency will--
       ``(i) support the opening of new charter schools and, if 
     applicable, the replication or expansion of high-quality 
     charter schools, and the proposed number of charter schools 
     to be opened, replicated, or expanded under the eligible 
     State educational agency's program;
       ``(ii) inform eligible charter schools, developers, and 
     charter school authorizers of the availability of funds under 
     the program;
       ``(iii) work with eligible applicants to ensure that the 
     eligible applicants access all Federal funds that such 
     applicants are eligible to receive, and help the charter 
     schools supported by the applicants and the students 
     attending those charter schools--

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

       ``(iv) ensure each eligible applicant that receives a 
     subgrant under the eligible State educational agency's 
     program--

       ``(I) is opening or expanding schools that meet the 
     definition of a charter school under section 5110; and
       ``(II) is prepared to continue to operate such charter 
     schools once the subgrant funds under this section are no 
     longer available;

       ``(v) support charter schools in local educational agencies 
     with schools that have been identified by the State under 
     section 1114(a)(1)(A);
       ``(vi) work with charter schools to promote inclusion of 
     all students and support all students upon enrollment in 
     order to promote retention of students in the school;
       ``(vii) work with charter schools on recruitment practices, 
     including efforts to engage groups that may otherwise have 
     limited opportunities to attend charter schools;
       ``(viii) promote the sharing of best and promising 
     practices among and across their charter, magnet, and 
     traditional school sectors;
       ``(ix) ensure that charter schools receiving funds under 
     the eligible State educational agency's program meet the 
     educational needs of their students, including students with 
     disabilities and students who are English learners;
       ``(x) support efforts to increase charter school quality 
     initiatives, including meeting quality authorizing elements 
     in this part;
       ``(xi) hold charter schools within such eligible State 
     educational agency's jurisdiction accountable if such schools 
     do not meet the objectives specified in the performance 
     contract described in section 5110(1), including by closing 
     unsuccessful schools; and
       ``(xii) ensure that local educational agencies within such 
     eligible State educational agency's jurisdiction comply with 
     subsections (a)(5) and (e)(1)(B) of section 613 of the 
     Individuals with Disabilities Education Act.
       ``(B) The eligible State educational agency's authorizer 
     accountability policies and operations, and plans pursuant to 
     section 5103(b)(8).
       ``(C) How the eligible State educational agency will ensure 
     that each eligible applicant will solicit and consider input 
     from parents and other members of the community on the 
     implementation and operation of each charter school that will 
     receive funds under the eligible State educational agency's 
     program.
       ``(D) How the eligible State educational agency will allow 
     for an impartial appeals process for a denial by a charter 
     school authorizer of a developer's application for a charter 
     school.
       ``(E) How the eligible State educational agency will award 
     subgrants, on a competitive basis, to eligible applicants, on 
     the basis of applications that include--
       ``(i) the name and address of the public charter school and 
     its mission, purpose, and any specialized innovation of the 
     charter school;
       ``(ii) a description of the roles and responsibilities of 
     eligible applicants, and of any education management 
     organizations or other organizations with which the eligible 
     applicant will partner to open charter schools, including the 
     administrative and contractual roles and responsibilities of 
     such partners;
       ``(iii) the proposed governance structure of the school, 
     developed with public input and including, at a minimum, a 
     list of members of the governing board with each member's 
     qualifications, terms, and full financial disclosure of any 
     potential conflicts of interest, including relationships with 
     education management organizations, vendors, or other 
     business dealings with the school or other charter schools;
       ``(iv) for a traditional public school applying to convert 
     to a charter school, demonstrated support of two-thirds of 
     the families of children attending the school and two-thirds 
     of the school staff for the conversion;
       ``(v) any contract between the charter school and an 
     education management organization;
       ``(vi) student recruitment, admission, and retention 
     policies and practices, including a description of how the 
     school provides equitable access and effectively serves the 
     needs of all students, including students with disabilities 
     and English learners, and implements outreach and recruitment 
     practices that include the families of all students;
       ``(vii) the ages and grades of students and an estimate of 
     the total enrollment of the school to be served by the 
     charter school;
       ``(viii) the number of staff and school leadership 
     positions, including full-time and part-time employees, and 
     qualifications of employees;
       ``(ix) a description of the educational program, 
     methodology, and services to be offered to students, 
     including students who are English learners and students with 
     disabilities;
       ``(x) information about the school's daily hours of 
     operation and number of days in the school year;
       ``(xi) a description of how the school will engage parents 
     as partners in the education of their children;
       ``(xii) a description of transportation services provided 
     to and from school for students;
       ``(xiii) a statement that the school will not discriminate 
     on the basis of race, national origin, gender, sexual 
     orientation and gender identity, ethnicity, disability, 
     academic achievement, or home language and that the school 
     will comply with Federal and State civil rights laws 
     applicable to other publicly funded elementary and secondary 
     schools;
       ``(xiv) evidence of adequate community support for and 
     interest in the charter school sufficient to allow the school 
     to reach its anticipated enrollment, and an assessment of the 
     projected programmatic and fiscal impact of the school on 
     other public and nonpublic schools in the area;
       ``(xv) a description of the health and food services to be 
     provided to students attending the school, including whether 
     the school participates in any free or reduced price lunch 
     programs;
       ``(xvi) methods and strategies for serving students with 
     disabilities, students who are English learners, and students 
     who are homeless, including compliance with all applicable 
     Federal laws;
       ``(xvii) a description of the procedures to be followed in 
     the case of the closure or dissolution of the charter school, 
     including--

       ``(I) provisions for the transfer of students and student 
     records to the school district in which the charter school is 
     located, which transfer activities may be carried out using 
     funds under this part;
       ``(II) the amount of funds that will be held in escrow 
     annually to fund closure or dissolution related costs; and
       ``(III) unless State law requires otherwise, procedures for 
     the disposition of the charter school's assets to the local 
     educational agency that serves the charter school or is in 
     the geographic area of the charter school;

       ``(xviii) the hiring and personnel policies and procedures 
     of the school;
       ``(xix) a description of the manner by which employees of 
     the charter school will be covered by the State teachers' 
     retirement system, the public employees' retirement system, 
     or other pension or retirement plan as well as compensation, 
     health, and other benefits provided to the school's 
     employees;
       ``(xx) for the purposes of a traditional public school that 
     seeks to convert to a public charter school, how the charter 
     school will comply with the same public sector labor 
     relations laws and regulations as required of traditional 
     public schools, including collective bargaining rights of the 
     employees of the charter school, as applicable under State 
     law;
       ``(xxi) a statement that the public charter school will 
     conduct or arrange for the performance of annual independent 
     financial audits and submit the audits to the eligible State 
     educational agency;
       ``(xxii) a 3-year plan to sustain the maintenance, 
     operation, and fiscal stability of the school;
       ``(xxiii) a statement that the school will maintain a 
     public online site with information as required in this 
     section, and as otherwise provided in Federal, State, and 
     local requirements applicable to other public schools, and a 
     statement that the public charter school will participate in 
     an independent evaluation, and any other evaluations or 
     assessments, in the time and manner determined by the 
     eligible State educational agency; and
       ``(xxiv) a description of the quality controls agreed to 
     between the eligible applicant and the authorizer, such as a 
     contract

[[Page S4786]]

     or a performance agreement or financial audits to ensure 
     adequate fiscal oversight.
       ``(F) In the case of an eligible State educational agency 
     that partners with an outside organization to carry out the 
     entity's quality charter school program, in whole or in part, 
     a description of the roles and responsibilities of the 
     partner.
       ``(G) How the eligible State educational agency will help 
     the charter schools receiving funds under the eligible State 
     educational agency's program address the transportation needs 
     of the schools' students.
       ``(3) Assurances.--The application shall, in addition to 
     the information described in paragraph (2), include 
     assurances that the eligible State educational agency will 
     ensure that the charter school authorizer of any charter 
     school that receives funds under the eligible State 
     educational agency's program--
       ``(A) ensures that the charter school under the authority 
     of such agency is meeting the requirements of this Act, part 
     B of the Individuals with Disabilities Education Act, title 
     VI of the Civil Rights Act of 1964, and section 504 of the 
     Rehabilitation Act of 1973;
       ``(B) adequately monitors and provides adequate technical 
     assistance to each charter school under the authority of such 
     agency in recruiting, enrolling, retaining, and meeting the 
     needs of all students, including children with disabilities 
     and students who are English learners; and
       ``(C) ensures that each such charter school solicits and 
     considers input from parents and other members of the 
     community on the implementation and operation of the school.
       ``(g) Parent Information and Rights.--
       ``(1) As a condition for eligibility for funding under this 
     part, eligible State educational agencies shall--
       ``(A) ensure that each charter school in the State provides 
     the information described in paragraph (2) to the parents of 
     the students who attend the charter school in a manner that 
     is--
       ``(i) concise;
       ``(ii) presented in an understandable and uniform format 
     and, to the extent practicable, in a language that parents 
     can understand; and
       ``(iii) widely accessible to the public; and
       ``(B) make such information available on a single webpage 
     of the State educational agency's website.
       ``(2) Such information shall include, at a minimum, each of 
     the following:
       ``(A) Information about the charter school's mission, 
     educational programs, and services.
       ``(B) The charter application and the approved charter 
     document for the school, as well as any performance or other 
     agreements in effect between the charter school and its 
     authorizer.
       ``(C) Rules and policies regarding student behavior and 
     student disciplinary policies and practices, including 
     suspension and expulsion policies.
       ``(D) Information about the provision of meals and snacks, 
     including--
       ``(i) the number and type of meals and snacks served each 
     day;
       ``(ii) whether such meals and snacks are fully or partially 
     subsidized; and
       ``(iii) information about student eligibility for free and 
     reduced price lunch programs.
       ``(E) Information about transportation to and from the 
     school, including any transportation that is free or 
     subsidized to students and the eligibility requirements for 
     free or subsidized transportation.
       ``(F) Recruitment and admission policies and practices used 
     at each charter school site.
       ``(G) Information about the school's daily, weekly, and 
     school year schedule, including hours of operation and number 
     of days in the school year.
       ``(H) The number of years that the public charter school 
     has operated.
       ``(I) The maximum number of students in each classroom by 
     grade.
       ``(J) Staff qualifications (including school leadership) 
     and languages spoken by staff.
       ``(K) Fees related to incidentals of attendance (other than 
     tuition), and whether any of those fees are waived for 
     certain students (such as for students who are eligible to 
     receive a free or reduced price lunch).
       ``(L) Data on attendance and the number of suspensions and 
     expulsions by school year, in total and disaggregated by each 
     of the categories of students, as defined in section 
     1111(b)(3)(A).
       ``(M) Annual student attrition rates by grade level.
       ``(N) Annual teacher attrition rates and numbers, 
     disaggregated by grade level and teaching subject matter, 
     years of experience, and credential.
       ``(O) Procedures for parents, students, and school 
     employees to appeal school decisions and the procedures and 
     processes for such appeals.
       ``(P) Other information that would assist a parent in 
     making a decision to enroll a child in the public charter 
     school.
       ``(3) Notwithstanding the requirements under paragraph (2), 
     a charter school shall not provide any information under this 
     subsection that would reveal personally identifiable 
     information about an individual.
       ``(h) Selection Criteria; Priority.--The Secretary shall 
     award grants to eligible State educational agencies under 
     this section on the basis of--
       ``(1) the quality of the applications submitted;
       ``(2) the performance record of the charter sector in the 
     applicant State, including in the areas of promoting high 
     student achievement and growth, identification and use of 
     instructional and other educational program innovations to 
     strengthen public education, financial management, student 
     safety, and compliance with applicable policies; and
       ``(3) the eligible State educational agency'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.
       ``(i) State Evaluation and Report.--
       ``(1) In general.--Beginning not later than 2 years after 
     the date of enactment of the Every Child Achieves Act, each 
     eligible State educational agency receiving a grant under 
     this section shall enter into a contract for an independent 
     evaluation of the charter schools in the State, which shall 
     be carried out on an annual basis. The State educational 
     agency may use grant funds under this section to pay the cost 
     of the independent evaluation and related reporting.
       ``(2) Submission to the secretary; public availability.--
     Each such independent evaluation shall be submitted to the 
     Secretary and shall also be made publicly available on the 
     website of the agency.
       ``(3) Contents.--The independent evaluation described in 
     paragraph (1) shall include an evaluation of the following:
       ``(A) An assessment of the cumulative impact of charter 
     schools on local educational agencies within the State, 
     including on the flows of funding between sectors, student 
     enrollment trends, staffing, and educational outcomes, along 
     with recommendations for any changes to laws, regulations, or 
     policies to address identified problems.
       ``(B) A compilation of profiles of public charter school 
     and other charter schools in the State relating to 
     demographic information on student enrollment and retention.
       ``(C) Staff and leadership qualifications, demographic 
     information and retention information regarding staff, and 
     academic and nonacademic programs provided, in charter 
     schools in the State.
       ``(D) The academic achievement of students in each public 
     charter school in the State, as compared to students enrolled 
     in other public charter schools within the same local 
     educational agency and as compared to other students enrolled 
     in all public schools in the local educational agency, 
     accounting for differences in student populations served, 
     programs and services provided, and public and nonpublic 
     funding available in the schools students are attending.
       ``(E) Adequacy of funding and resource distribution among 
     public charter schools and noncharter public schools in the 
     State, accounting for differences in student populations 
     served and programs and services provided.
       ``(F) Recommendations for any changes to laws, regulations, 
     or policies that would facilitate improvement of student 
     outcomes in public charter schools in the State.
       ``(G) Recommendations for improvements in equity, 
     transparency, and accountability of public charter schools in 
     the State to the public and the parents and staff at such 
     public charter schools.
       ``(H) Identification of best and promising practices within 
     the sectors of public schools, private schools, and charter 
     schools, in the State and the extent to which these are being 
     shared to improve educational outcomes as a whole, barriers 
     to effective sharing, and recommendations for how to reduce 
     such barriers, in the State.
       ``(I) How the eligible State educational agency has worked 
     with charter schools receiving funds under the State 
     educational agency's program to foster community involvement 
     in the planning for and opening of such schools.

     ``SEC. 5103A. GRANTS FOR THE REPLICATION AND EXPANSION OF 
                   HIGH-QUALITY CHARTER SCHOOLS.

       ``(a) In General.--From amounts reserved under section 
     5102(b)(2), the Secretary shall make grants, on a competitive 
     basis, to eligible entities having applications approved 
     under this section to enable such eligible entities to 
     replicate a high-quality charter school or expand a high-
     quality charter school.
       ``(b) Eligible Entity Defined.--For purposes of this 
     section, the term `eligible entity' means an entity that--
       ``(1)(A) is a charter management organization that, at the 
     time of the application, operates or manages one or more 
     high-quality charter schools; or
       ``(B) is a nonprofit organization that oversees and 
     coordinates the activities of a group of such charter 
     management organizations; and
       ``(2)(A) operates in a State that meets the requirements of 
     section 5103(b); or
       ``(B) if the entity does not operate in such a State, the 
     Secretary has certified that the eligible entity has policies 
     and controls in place that are in compliance with section 
     5103(b) and the Secretary has determined that awarding a 
     grant under this section to the entity will promote the 
     purposes of this part.
       ``(c) Application Requirements.--An eligible 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) Each item that is required for an application as 
     described in clauses (i) through (xxiv) of section 
     5103(f)(2)(E), except that the term `eligible entity' shall 
     be substituted for the term `eligible applicant'.

[[Page S4787]]

       ``(2) A description of the eligible entity's objectives for 
     implementing a high-quality charter school program with 
     funding under this section, including a description of the 
     proposed number of high-quality charter schools to be 
     replicated or expanded with funding under this section.
       ``(3) A description of the educational program that the 
     eligible entity will implement in the charter schools that 
     the eligible entity proposes to replicate or expand, 
     including information on how the program will enable all 
     students to meet the challenging State academic standards 
     under section 1111(b)(1), the grade levels or ages of 
     students that will be served, and the instructional practices 
     that will be used.
       ``(4) A multi-year financial and operating model for the 
     eligible entity, including a description of how the operation 
     of the charter schools to be replicated or expanded will be 
     sustained after the grant under this section has ended.
       ``(5) A description of how the eligible entity will inform 
     all students in the community, including children with 
     disabilities, students who are English learners, and other 
     educationally disadvantaged students, about the charter 
     schools to be replicated or expanded with funding under this 
     section.
       ``(6) For each charter school currently operated or managed 
     by the eligible entity--
       ``(A) student assessment results for all students and for 
     each category of students described in section 
     1111(b)(2)(B)(xi); and
       ``(B) attendance and student retention rates for the most 
     recently completed school year and, if applicable, the most 
     recent available 4-year adjusted cohort graduate rate and 
     extended-year adjusted cohort graduation rate (as such rates 
     were calculated on the day before enactment of the Every 
     Child Achieves Act of 2015).
       ``(7) Information on any significant compliance issues 
     encountered, within the last 3 years, by any school operated 
     or managed by the eligible entity, including in the areas of 
     student safety and financial management.
       ``(8) An assurance that the eligibly entity will comply 
     with the requirements of--
       ``(A) section 5103(f)(3); and
       ``(B) section 5103(g).
       ``(d) Selection Criteria.--The Secretary shall select 
     eligible entities to receive grants under this section, on 
     the basis of the quality of--
       ``(1) the selection criteria described in section 5103(h);
       ``(2) the eligible entity's financial and operating model, 
     including the quality of the eligible entity's plan for 
     sustaining the operation of the charter schools to be 
     replicated or expanded after the grant under this section has 
     ended;
       ``(3) a determination that the eligible entity has not 
     operated or managed a significant proportion of charter 
     schools that--
       ``(A) have been closed;
       ``(B) have had a school charter revoked due to problems 
     with statutory or regulatory compliance; or
       ``(C) have had the school's affiliation with the eligible 
     entity revoked; and
       ``(4) a determination that the eligible entity has not 
     experienced significant problems with statutory or regulatory 
     compliance that could lead to the revocation of a school's 
     charter.
       ``(e) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to eligible entities that 
     operate or manage charter schools that, in the aggregate, 
     serve students at least 60 percent of whom are eligible for a 
     free or reduced price lunch under the Richard B. Russell 
     National School Lunch Act.
       ``(f) Terms and Conditions.--Except as otherwise provided 
     in this section, grants awarded under this section shall have 
     the same terms and conditions as grants awarded to eligible 
     State educational agencies under section 5103.

     ``SEC. 5104. FACILITIES FINANCING ASSISTANCE.

       ``(a) Grants to Eligible Entities.--
       ``(1) In general.--From the amount reserved under section 
     5102(b)(1), the Secretary shall use not less than 50 percent 
     to award not less than 3 grants, on a competitive basis, to 
     eligible entities that have the highest-quality applications 
     approved under subsection (d) to demonstrate innovative 
     methods of helping charter schools to address the cost of 
     acquiring, constructing, and renovating facilities by 
     enhancing the availability of loans or bond financing.
       ``(2) Eligible entity defined.--For the purposes of this 
     section, the term `eligible entity' means an entity with at 
     least an upper medium grade credit rating, which shall be--
       ``(A) a public entity, such as a State or local 
     governmental entity;
       ``(B) a private nonprofit entity; or
       ``(C) a consortium of entities described in subparagraphs 
     (A) and (B).
       ``(b) Grantee Selection.--The Secretary shall evaluate each 
     application submitted under subsection (d), and shall 
     determine whether the application is sufficient to merit 
     approval.
       ``(c) Grant Characteristics.--Grants under subsection (a) 
     shall be of a sufficient size, scope, and quality so as to 
     ensure an effective demonstration of an innovative means of 
     enhancing credit for the financing of charter school 
     acquisition, construction, or renovation.
       ``(d) Applications.--
       ``(1) In general.--An eligible entity desiring to receive a 
     grant under this section shall submit an application to the 
     Secretary in such form as the Secretary may reasonably 
     require.
       ``(2) Contents.--An application submitted under paragraph 
     (1) shall contain--
       ``(A) a statement identifying the activities that the 
     eligible entity proposes to carry out with funds received 
     under subsection (a), including how the eligible entity will 
     determine which charter schools will receive assistance, and 
     how much and what types of assistance charter schools will 
     receive;
       ``(B) a description of the involvement of charter schools 
     in the application's development and the design of the 
     proposed activities;
       ``(C) a description of the eligible entity's expertise in 
     capital market financing;
       ``(D) a description of how the proposed activities will 
     leverage the maximum amount of private-sector financing 
     capital relative to the amount of government funding used and 
     otherwise enhance credit available to charter schools, 
     including how the entity will offer a combination of rates 
     and terms more favorable than the rates and terms that a 
     charter school could receive without assistance from the 
     entity under this section;
       ``(E) a description of how the eligible entity possesses 
     sufficient expertise in education to evaluate the likelihood 
     of success of a charter school program for which facilities 
     financing is sought; and
       ``(F) in the case of an application submitted by a State 
     governmental entity, a description of the actions that the 
     entity has taken, or will take, to ensure that charter 
     schools within the State receive the funding that charter 
     schools need to have adequate facilities.
       ``(e) Charter School Objectives.--An eligible entity 
     receiving a grant under this section shall use the funds 
     deposited in the reserve account established under subsection 
     (f) to assist one or more charter schools to access private 
     sector capital to accomplish one or more of the following 
     objectives:
       ``(1) The acquisition (by purchase, lease, donation, or 
     otherwise) of an interest (including an interest held by a 
     third party for the benefit of a charter school) in improved 
     or unimproved real property that is necessary to commence or 
     continue the operation of a charter school.
       ``(2) The construction of new facilities, including 
     predevelopment costs, or the renovation, repair, or 
     alteration of existing facilities, necessary to commence or 
     continue the operation of a charter school.
       ``(3) The predevelopment costs required to assess sites for 
     purposes of paragraph (1) or (2) and which are necessary to 
     commence or continue the operation of a charter school.
       ``(f) Reserve Account.--
       ``(1) Use of funds.--To assist charter schools in 
     accomplishing the objectives described in subsection (e), an 
     eligible entity receiving a grant under subsection (a) shall, 
     in accordance with State and local law, directly or 
     indirectly, alone or in collaboration with others, deposit 
     the funds received under subsection (a) (other than funds 
     used for administrative costs in accordance with subsection 
     (g)) in a reserve account established and maintained by the 
     eligible entity for this purpose. Amounts deposited in such 
     account shall be used by the eligible entity for one or more 
     of the following purposes:
       ``(A) Guaranteeing, insuring, and reinsuring bonds, notes, 
     evidences of debt, loans, and interests therein, the proceeds 
     of which are used for an objective described in subsection 
     (e).
       ``(B) Guaranteeing and insuring leases of personal and real 
     property for an objective described in such subsection.
       ``(C) Facilitating financing by identifying potential 
     lending sources, encouraging private lending, and other 
     similar activities that directly promote lending to, or for 
     the benefit of, charter schools.
       ``(D) Facilitating the issuance of bonds by charter 
     schools, or by other public entities for the benefit of 
     charter schools, by providing technical, administrative, and 
     other appropriate assistance (including the recruitment of 
     bond counsel, underwriters, and potential investors and the 
     consolidation of multiple charter school projects within a 
     single bond issue).
       ``(2) Investment.--Funds received under this section and 
     deposited in the reserve account established under paragraph 
     (1) shall be invested in obligations issued or guaranteed by 
     the United States or a State, or in other similarly low-risk 
     securities.
       ``(3) Reinvestment of earnings.--Any earnings on funds 
     received under subsection (a) shall be deposited in the 
     reserve account established under paragraph (1) and used in 
     accordance with this subsection.
       ``(g) Limitation on Administrative Costs.--An eligible 
     entity may use not more than 2.5 percent of the funds 
     received under subsection (a) for the administrative costs of 
     carrying out its responsibilities under this section 
     (excluding subsection (k)).
       ``(h) Audits and Reports.--
       ``(1) Financial record maintenance and audit.--The 
     financial records of each eligible entity receiving a grant 
     under subsection (a) shall be maintained in accordance with 
     generally accepted accounting principles and shall be subject 
     to an annual audit by an independent public accountant.
       ``(2) Reports.--
       ``(A) Grantee annual reports.--Each eligible entity 
     receiving a grant under subsection (a) annually shall submit 
     to the Secretary a report of the entity's operations and 
     activities under this section.

[[Page S4788]]

       ``(B) Contents.--Each annual report submitted under 
     subparagraph (A) shall include--
       ``(i) a copy of the most recent financial statements, and 
     any accompanying opinion on such statements, prepared by the 
     independent public accountant reviewing the financial records 
     of the eligible entity;
       ``(ii) a copy of any report made on an audit of the 
     financial records of the eligible entity that was conducted 
     under paragraph (1) during the reporting period;
       ``(iii) an evaluation by the eligible entity of the 
     effectiveness of its use of the Federal funds provided under 
     subsection (a) in leveraging private funds;
       ``(iv) a listing and description of the charter schools 
     served during the reporting period, including the amount of 
     funds used by each school, the type of project facilitated by 
     the grant, and the type of assistance provided to the charter 
     schools;
       ``(v) a description of the activities carried out by the 
     eligible entity to assist charter schools in meeting the 
     objectives set forth in subsection (e); and
       ``(vi) a description of the characteristics of lenders and 
     other financial institutions participating in the activities 
     carried out by the eligible entity under this section 
     (excluding subsection (k)) during the reporting period.
       ``(C) Secretarial report.--The Secretary shall review the 
     reports submitted under subparagraph (A) and shall provide a 
     comprehensive annual report to Congress on the activities 
     conducted under this section (excluding subsection (k)).
       ``(i) No Full Faith and Credit for Grantee Obligation.--No 
     financial obligation of an eligible entity entered into 
     pursuant to this section (such as an obligation under a 
     guarantee, bond, note, evidence of debt, or loan) shall be an 
     obligation of, or guaranteed in any respect by, the United 
     States. The full faith and credit of the United States is not 
     pledged to the payment of funds which may be required to be 
     paid under any obligation made by an eligible entity pursuant 
     to any provision of this section.
       ``(j) Recovery of Funds.--
       ``(1) In general.--The Secretary, in accordance with 
     chapter 37 of title 31, United States Code, shall collect--
       ``(A) all of the funds in a reserve account established by 
     an eligible entity under subsection (f)(1) if the Secretary 
     determines, not earlier than 2 years after the date on which 
     the eligible entity first received funds under this section 
     (excluding subsection (k)), that the eligible entity has 
     failed to make substantial progress in carrying out the 
     purposes described in subsection (f)(1); or
       ``(B) all or a portion of the funds in a reserve account 
     established by an eligible entity under subsection (f)(1) if 
     the Secretary determines that the eligible entity has 
     permanently ceased to use all or a portion of the funds in 
     such account to accomplish any purpose described in such 
     subsection.
       ``(2) Exercise of authority.--The Secretary shall not 
     exercise the authority provided in paragraph (1) to collect 
     from any eligible entity any funds that are being properly 
     used to achieve one or more of the purposes described in 
     subsection (f)(1).
       ``(3) Procedures.--The provisions of sections 451, 452, and 
     458 of the General Education Provisions Act shall apply to 
     the recovery of funds under paragraph (1).
       ``(4) Construction.--This subsection shall not be construed 
     to impair or affect the authority of the Secretary to recover 
     funds under part D of the General Education Provisions Act.
       ``(k) Per-pupil Facilities Aid Program.--
       ``(1) Definition of per-pupil facilities aid program.--In 
     this subsection, the term `per-pupil facilities aid program' 
     means a program in which a State makes payments, on a per-
     pupil basis, to charter schools to provide the schools with 
     financing--
       ``(A) that is dedicated solely for funding charter school 
     facilities; or
       ``(B) a portion of which is dedicated for funding charter 
     school facilities.
       ``(2) Grants.--
       ``(A) In general.--From the amount reserved under section 
     5102(b)(1) and remaining after the Secretary makes grants 
     under subsection (a), the Secretary shall make grants, on a 
     competitive basis, to States to pay for the Federal share of 
     the cost of establishing or enhancing, and administering, 
     per-pupil facilities aid programs.
       ``(B) Period.--The Secretary shall award grants under this 
     subsection for periods of not more than 5 years.
       ``(C) Federal share.--The Federal share of the cost 
     described in subparagraph (A) for a per-pupil facilities aid 
     program shall be not more than--
       ``(i) 90 percent of the cost, for the first fiscal year for 
     which the program receives assistance under this subsection;
       ``(ii) 80 percent for the second such year;
       ``(iii) 60 percent for the third such year;
       ``(iv) 40 percent for the fourth such year; and
       ``(v) 20 percent for the fifth such year.
       ``(D) State share.--A State receiving a grant under this 
     subsection may partner with 1 or more organizations, and such 
     organizations may provide not more than 50 percent of the 
     State share of the cost of establishing or enhancing, and 
     administering, the per-pupil facilities aid program.
       ``(E) Multiple grants.--A State may receive more than 1 
     grant under this subsection, so long as the amount of such 
     grant funds provided to charter schools increases with each 
     successive grant.
       ``(3) Use of funds.--
       ``(A) In general.--A State that receives a grant under this 
     subsection shall use the funds made available through the 
     grant to establish or enhance, and administer, a per-pupil 
     facilities aid program for charter schools in the State of 
     the applicant.
       ``(B) Evaluations; technical assistance; dissemination.--
     From the amount made available to a State through a grant 
     under this subsection for a fiscal year, the State may 
     reserve not more than 5 percent to carry out evaluations, to 
     provide technical assistance, and to disseminate information.
       ``(C) Supplement, not supplant.--In accordance with the 
     method of determination described in section 1117, funds made 
     available under this subsection shall be used to supplement, 
     and not supplant, State and local public funds expended to 
     provide per-pupil facilities aid programs, operations 
     financing programs, or other programs, for charter schools.
       ``(4) Requirements.--
       ``(A) Voluntary participation.--No State may be required to 
     participate in a program carried out under this subsection.
       ``(B) State law.--
       ``(i) In general.--To be eligible to receive a grant under 
     this subsection, a State shall establish or enhance, and 
     administer, a per-pupil facilities aid program for charter 
     schools in the State, that--

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

       ``(ii) Special rule.--A State that is required under State 
     law to provide its charter schools with access to adequate 
     facility space may be eligible to receive a grant under this 
     subsection if the State agrees to use the funds to develop a 
     per-pupil facilities aid program consistent with the 
     requirements of this subsection.
       ``(5) Applications.--To be eligible to receive a grant 
     under this subsection, a State shall submit an application to 
     the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require.

     ``SEC. 5105. NATIONAL ACTIVITIES.

       ``(a) In General.--From the amount reserved under section 
     5102(b)(2) the Secretary shall use such funds to--
       ``(1) disseminate technical assistance to eligible State 
     educational agencies in awarding grants under section 5103;
       ``(2) disseminate best and promising practices regarding 
     charter schools;
       ``(3) evaluate the impact of the charter school program 
     carried out under this part on all students in charter and 
     traditional public schools and on local communities and the 
     overall strength and performance of their public schools; and
       ``(4) award grants, on a competitive basis, for the purpose 
     of carrying out the activities described in section 
     5103(a)(1)(B), to eligible applicants that desire to open a 
     charter school, replicate a high-quality charter school, or 
     expand a high quality charter school in--
       ``(A) a State that did not apply for a grant under section 
     5103; or
       ``(B) a State that did not receive a grant under section 
     5103.
       ``(b) Report by the Secretary.--Not later than 6 months 
     after the date of enactment of the Every Child Achieves Act 
     of 2015, the Secretary shall prepare and submit to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate, the Committee on Education and the Workforce of the 
     House of Representatives, and the relevant appropriations 
     committees of Congress, and to the public via the 
     Department's website, a report responding to--
       ``(1) the March 9, 2010, final management information 
     report of the Office of the Inspector General of the 
     Department of Education, which expressed concern about 
     findings of inadequate oversight by local educational 
     agencies and charter school authorizers to ensure Federal 
     funds are properly used and accounted for;
       ``(2) the September 2012 report of the Office of the 
     Inspector General of the Department of Education entitled 
     ``The Office of Innovation and Improvement's Oversight and 
     Monitoring of the Charter Schools Program's Planning and 
     Implementation Grants Final Audit Report'' finding that none 
     of the 3 States whose charter schools programs that Office 
     investigated adequately monitored the public charter schools 
     that the States funded; and
       ``(3) describing actions the Department has taken to 
     address the concerns described in such memorandum and final 
     audit report.''.
       (2) in section 5106 (20 U.S.C. 7221e), as redesignated by 
     section 5001(7), by adding at the end the following:
       ``(c) New or Significantly Expanding Charter Schools.--For 
     purposes of implementing the hold harmless protections in 
     sections 1122(c) and 1125A(g)(3) for a newly opened or 
     significantly expanded charter school under subsection (a), a 
     State educational agency shall calculate a hold-harmless base 
     for the prior year that, as applicable, reflects the new or 
     significantly expanded enrollment of the charter school.'';
       (3) in section 5108 (20 U.S.C. 7221g), as redesignated by 
     section 5001(7), by inserting ``as quickly as possible and'' 
     before ``to the extent practicable'';
       (4) in section 5109 (20 U.S.C. 7221f), as redesignated by 
     section 5001(7), by striking ``authorized public chartering 
     agency shall ensure that implementation of this subpart'' and 
     inserting ``charter school authorizer

[[Page S4789]]

     shall ensure that implementation of this part''; and
       (5) by striking sections 5110 and 5111 (20 U.S.C. 7221i; 
     7221j), as redesignated by section 5001(7) and inserting the 
     following:

     ``SEC. 5110. DEFINITIONS.

       ``(1) Charter school.--The term `charter school' means a 
     public school that--
       ``(A) is afforded autonomy to test innovative educational 
     approaches, consistent with the provisions of this Act, which 
     local educational agencies consider promising;
       ``(B) complies with the data collection, reporting, 
     auditing, and disclosure provisions of this Act as well as 
     those applicable to other public schools through other 
     Federal, State, and local laws, regulations and policies;
       ``(C) admits students on the basis of a lottery, if more 
     students apply for admission that can be accommodated;
       ``(D) in the case of a school that has an affiliated 
     charter school (such as a school that is part of the same 
     network of schools), automatically enrolls students who are 
     enrolled in the immediate prior grade level of the affiliated 
     charter school and, for any additional student openings or 
     student openings created through regular attrition in student 
     enrollment in the affiliated charter school and the enrolling 
     school, admits students on the basis of a lottery as 
     described in subparagraph (C);
       ``(E) complies with the Age Discrimination Act of 1975 (42 
     U.S.C. 6101 et seq.), title VI of the Civil Rights Act of 
     1964 (42 U.S.C. 2000d et seq.), title IX of the Education 
     Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of 
     the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), 
     section 444 of the General Education Provisions Act (20 
     U.S.C. 1232g) (commonly referred to as the `Family 
     Educational Rights and Privacy Act of 1974'), and part B of 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1411 et seq.);
       ``(F) meets all applicable Federal, State, and local health 
     and safety requirements;
       ``(G) operates in accordance with State law;
       ``(H) has a written performance contract with a charter 
     school authorizer that includes--
       ``(i) a description of how student performance will be 
     measured on the basis of--

       ``(I) State assessments that are required of other public 
     schools; and
       ``(II) any other assessments that are mutually agreeable to 
     the charter school authorizer and the charter school;

       ``(ii) a requirement that student academic achievement and 
     growth, for the students enrolled at the school as a whole 
     and for each of the categories of students, as defined in 
     section 1111(b)(3)(A) (except 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) will be 
     used as a primary factor in decisions about the renewal or 
     revocation of the charter, in addition to other criteria, as 
     appropriate;
       ``(iii) the student academic achievement and growth and 
     student retention goals, and, in the case of a high school, 
     graduation rate goals for the students enrolled at the school 
     as a whole and for each of the categories of students, as 
     defined in section 1111(b)(3)(A) (except 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), and any other goals to be achieved by 
     the end of the contract period; and
       ``(iv) the obligations and responsibilities of the charter 
     school and the charter school authorizer;
       ``(I) does not charge tuition;
       ``(J) is nonsectarian in its programs, admissions policies, 
     employment practices, and all other operations, and is not 
     affiliated with a sectarian school or religious institution;
       ``(K) 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;
       ``(L) operates in pursuit of a specific set of educational 
     objectives determined by the school's developer and agreed to 
     by the charter school authorizer;
       ``(M) provides 1 or more programs of elementary education, 
     secondary education, or both, including early childhood 
     education, and may also provide adult education, in 
     accordance with State law; and
       ``(N) is governed by a separate and independent board that 
     exercises authority over 1 or more schools, including 
     authority in the areas of governance, personnel, budget, 
     schedule, and instructional program.
       ``(2) Charter management organization.--The term `charter 
     management organization' means a nonprofit organization that 
     operates or manages multiple charter schools by centralizing 
     or sharing certain functions or resources.
       ``(3) Charter school authorizer.--The term `charter school 
     authorizer' means a local educational agency or other public 
     entity that has authority pursuant to State law and has been 
     approved by the Secretary to authorize and approve a charter 
     school, and that shall--
       ``(A) develop and update regularly a districtwide multi-
     year school plan;
       ``(B) monitor and assist charter schools in complying with 
     applicable requirements, including data collection and public 
     disclosure requirements and participation in the development 
     of the districtwide multi-year school plan;
       ``(C) establish criteria and processes that the charter 
     school authorizer will use in monitoring the performance of 
     each charter school authorized by the charter school 
     authorizer, including interventions and any actions leading 
     up to the revocation of a school's charter if the charter 
     school authorizer finds that such a revocation is necessary 
     to protect the public interest;
       ``(D) review the application and hold meaningful public 
     hearings to gather input from the public and parents on 
     applications to establish a charter school or convert another 
     school to a public charter school;
       ``(E) provide a statement on the impact of the charter 
     school within the local educational agency; and
       ``(F) in the case of a State with a cap on the number of 
     public charter schools in the State--
       ``(i) review and render a decision within 120 days of 
     receipt of the application for a charter school (whether a 
     new school or a conversion); and
       ``(ii) submit to the State educational agency the charter 
     school authorizer's recommendation regarding approval of 
     charter school applicants, in order to allow the State 
     educational agency to conduct an expedited review to 
     determine if the approval described in clause (i) will 
     violate the cap on the number of public charter schools in 
     operation in the State.
       ``(4) Developer.--The term `developer' means an individual 
     or group of individuals (including a public or private 
     nonprofit organization), which may include teachers, 
     administrators and other school staff, parents, or other 
     members of the local community in which a charter school 
     project will be carried out.
       ``(5) Districtwide multi-year school plan.--The term 
     `districtwide multi-year school plan' means a plan that--
       ``(A) is developed and regularly updated, with meaningful 
     public input from across the local educational agency; and
       ``(B) takes into consideration projected demographic 
     changes, criteria for new school openings or closings, and 
     equitable geographic distribution of schools and students to 
     ensure that all students have access to schools in their 
     communities and a range of specialized programs.
       ``(6) Education management organization.--The term 
     `education management organization' means a for-profit or 
     nonprofit organization that operates or manages multiple 
     charter schools by centralizing or sharing certain functions 
     or resources.
       ``(7) Eligible applicant.--The term `eligible applicant' 
     means a developer that has--
       ``(A) applied to a charter school authorizer to operate a 
     charter school; and
       ``(B) provided adequate and timely notice to that charter 
     school authorizer.
       ``(8) High-quality charter school.--The term `high-quality 
     charter school' means a charter school that--
       ``(A) shows evidence of strong academic results, which may 
     include strong student academic growth, as determined by a 
     State;
       ``(B) has no significant issues in the areas of student 
     safety, financial management, or statutory or regulatory 
     compliance;
       ``(C) has demonstrated success in significantly increasing 
     student academic achievement, including--
       ``(i) graduation rates, where applicable, for all students 
     served by the charter school; and
       ``(ii) graduation rates, where applicable, for each of the 
     categories of students, as defined in section 1111(b)(3)(A), 
     except that such demonstration is not required in a case in 
     which the number of students in a group is insufficient to 
     yield statistically reliable information or the results would 
     reveal personally identifiable information about an 
     individual student;
       ``(D) has demonstrated community involvement during the 
     development and operation of the school; and
       ``(E) has had 3 successful consecutive annual audits that 
     have not indicated fiscal difficulties, as determined by 
     typical accounting standards.

     ``SEC. 5111. TRANSITION ARRANGEMENTS.

       ``No new Federal grants under this part shall be awarded 
     for a period of one year following the date of enactment of 
     the Every Child Achieves Act of 2015, at which time the 
     definition of eligible State educational agency under this 
     part shall take effect.

     ``SEC. 5112. CAPS.

       ``In awarding grants under this part, the Secretary may 
     neither disadvantage nor advantage eligible State educational 
     agency applicants based on whether the State--
       ``(1) has a cap on the number of charter schools in the 
     State; or
       ``(2) expresses an intention to adopt such State charter 
     school caps.

     ``SEC. 5113. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for fiscal years 2016 and 
     for each of the next 5 succeeding fiscal years.''.
                                 ______
                                 
  SA 2098. Mr. BROWN submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize

[[Page S4790]]

the Elementary and Secondary Education Act of 1965 to ensure that every 
child achieves; which was ordered to lie on the table; as follows:

       On page 630, between lines 4 and 5, insert the following:

     SEC. 5011. FIX AMERICA'S SCHOOLS TODAY.

       Title V (20 U.S.C. 7201 et seq.) is amended by adding at 
     the end the following:

                 ``PART J--FIX AMERICA'S SCHOOLS TODAY

     ``SEC. 5910. SHORT TITLE.

       ``This part may be cited as the `Fix America's Schools 
     Today Act of 2015'.

             ``Subpart 1--Elementary and Secondary Schools

     ``SEC. 5911. PURPOSE.

       ``The purpose of this subpart is to provide assistance for 
     the modernization, renovation, and repair of elementary 
     school and secondary school buildings for schools that are 
     served by local educational agencies across the United 
     States, in order to support the achievement of improved 
     educational outcomes in such schools.

     ``SEC. 5912. AUTHORIZATION OF APPROPRIATIONS; APPROPRIATION 
                   OF FUNDS.

       ``There are authorized to be appropriated, and there are 
     appropriated, $25,000,000,000 to carry out this subpart which 
     shall be available for obligation by the Secretary until 
     September 30, 2016.

     ``SEC. 5913. ALLOCATION OF FUNDS.

       ``(a) Reservations.--From the amount made available to 
     carry out this subpart, the Secretary shall reserve--
       ``(1) one-half of 1 percent for the Secretary of the 
     Interior to carry out modernization, renovation, and repair 
     activities described in section 5916 in schools operated or 
     funded by the Bureau of Indian Education;
       ``(2) one-half of 1 percent to make grants to the outlying 
     areas for modernization, renovation, and repair activities 
     described in section 5916; and
       ``(3) such funds as the Secretary determines are needed--
       ``(A) to conduct a survey, through the National Center for 
     Education Statistics, of the school construction, 
     modernization, renovation, and repair needs of the public 
     schools of the United States; and
       ``(B) to encourage the States to coordinate and share 
     information about school facilities standards and best 
     practices.
       ``(b) State Allocation.--From the amount made available to 
     carry out this subpart and not reserved under subsection (a), 
     the Secretary shall allocate funds among the States in 
     proportion to their respective allocations under part A of 
     title I for fiscal year 2015, except that--
       ``(1) the Secretary shall allocate 40 percent of such funds 
     to the 100 local educational agencies with the largest 
     numbers of children ages 5 to 17 living in poverty, as 
     determined using the most recent data available from the 
     Department of Commerce that are satisfactory to the 
     Secretary, in proportion to such local educational agencies' 
     respective allocations under part A of title I for fiscal 
     year 2015; and
       ``(2) the allocation to any State shall be reduced by the 
     aggregate amount of the allocations under paragraph (1) to 
     local educational agencies in such State.
       ``(c) Remaining Allocation.--
       ``(1) In general.--If a State does not apply for its 
     allocation under subsection (b), applies for less than the 
     full allocation for which the State is eligible, or does not 
     use the allocation in a timely manner, the Secretary may--
       ``(A) reallocate all or a portion of the allocation to the 
     other States in accordance with subsection (b); or
       ``(B) use all or a portion of the allocation to make direct 
     allocations to local educational agencies within the State 
     based on their respective allocations under part A of title I 
     for fiscal year 2015 or such other method as the Secretary 
     may determine.
       ``(2) Reallocation of local educational agency funds.--If a 
     local educational agency does not apply for its allocation 
     under subsection (b)(1), applies for less than the full 
     allocation for which the local educational agency is 
     eligible, or does not use the allocation in a timely manner, 
     the Secretary may reallocate all or a portion of such local 
     educational agency's allocation to the State in which such 
     agency is located.

     ``SEC. 5914. STATE USE OF FUNDS.

       ``(a) Reservation.--Each State that receives a grant under 
     this subpart may reserve not more than 1 percent of the 
     State's allocation under section 5913(b) for the purpose of 
     administering the grant.
       ``(b) Funds to Local Educational Agencies.--
       ``(1) Formula subgrants.--From the grant funds that are not 
     reserved under subsection (a), a State shall allocate not 
     less than 50 percent to local educational agencies, including 
     charter schools that are local educational agencies, that did 
     not receive funds under section 5913(b)(1) from the 
     Secretary, in accordance with their respective allocations 
     under part A of title I for fiscal year 2015, except that no 
     such local educational agency shall receive less than 
     $10,000.
       ``(2) Additional subgrants.--The State shall use any funds 
     remaining, after reserving funds under subsection (a) and 
     allocating funds under paragraph (1), for subgrants to local 
     educational agencies that did not receive funds under section 
     5913(b)(1), including charter schools that are local 
     educational agencies, to support modernization, renovation, 
     and repair projects that the State determines, using 
     objective criteria, are most needed in the State, with 
     priority given to projects in rural local educational 
     agencies.
       ``(c) Remaining Funds.--If a local educational agency does 
     not apply for an allocation under subsection (b)(1), applies 
     for less than its full allocation, or fails to use the 
     allocation in a timely manner, the State may reallocate any 
     unused portion to other local educational agencies in 
     accordance with subsection (b).

     ``SEC. 5915. STATE AND LOCAL APPLICATIONS.

       ``(a) State Application.--A State that desires to receive a 
     grant under this subpart shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information and assurances as the Secretary may require, 
     which shall include--
       ``(1) an identification of the State agency or entity that 
     will administer the program;
       ``(2) a description of the State's process for determining 
     how the grant funds will be distributed and administered, 
     including--
       ``(A) how the State will determine the criteria and 
     priorities in making subgrants under section 5914(b)(2);
       ``(B) any additional criteria the State will use in 
     determining which projects the State will fund under such 
     section;
       ``(C) a description of how the State will consider--
       ``(i) the needs of local educational agencies for 
     assistance under this subpart;
       ``(ii) the impact of potential projects on job creation in 
     the State;
       ``(iii) the fiscal capacity of local educational agencies 
     applying for assistance;
       ``(iv) the percentage of children in such local educational 
     agencies who are from low-income families; and
       ``(v) the potential for leveraging assistance provided by 
     the grant program through matching or other financing 
     mechanisms;
       ``(D) a description of how the State will ensure that the 
     local educational agencies receiving subgrants under this 
     subpart meet the requirements of this subpart;
       ``(E) a description of how the State will ensure that the 
     State and the local educational agencies in the State meet 
     the deadlines established in section 5917;
       ``(F) a description of how the State will give priority to 
     the use of green practices that are certified, verified, or 
     consistent with any applicable provisions of--
       ``(i) the LEED Green Building Rating System;
       ``(ii) Energy Star;
       ``(iii) the CHPS Criteria;
       ``(iv) Green Globes; or
       ``(v) an equivalent program adopted by the State or another 
     jurisdiction with authority over the local educational 
     agency; and
       ``(G) a description of the steps that the State will take 
     to ensure that local educational agencies receiving subgrants 
     will adequately maintain any facilities that are modernized, 
     renovated, or repaired with subgrant funds under this 
     subpart.
       ``(b) Local Application.--A local educational agency that 
     is eligible to receive a grant under section 5913(b)(1) and 
     desires to receive such grant shall submit an application to 
     the Secretary at such time, in such manner, and containing 
     such information and assurances as the Secretary may require, 
     which shall include--
       ``(1) a description of how the local educational agency 
     will meet the deadlines and requirements of this subpart; and
       ``(2) a description of the steps that the local educational 
     agency will take to adequately maintain any facilities that 
     are modernized, renovated, or repaired with funds under this 
     subpart.

     ``SEC. 5916. USE OF FUNDS.

       ``(a) In General.--A local educational agency that receives 
     funds under this subpart shall use such funds only for one or 
     both of the following modernization, renovation, and repair 
     activities in facilities that are used for elementary or 
     secondary education or for early learning programs:
       ``(1) Direct payments for school modernization, renovation, 
     and repair.
       ``(2) Payment of interest on bonds or payments for other 
     financing instruments that are newly issued for the purpose 
     of financing school modernization, renovation, and repair.
       ``(b) Supplement, Not Supplant.--Funds made available under 
     this subpart shall be used to supplement, and not supplant, 
     other Federal, State, and local funds that would otherwise be 
     expended to modernize, renovate, or repair eligible school 
     facilities.
       ``(c) Prohibition.--Funds awarded to local educational 
     agencies under this subpart shall not be used for--
       ``(1) new construction;
       ``(2) routine janitorial costs; or
       ``(3) modernization, renovation, and repair of stadiums or 
     other facilities primarily used for athletic contests or 
     exhibitions or other events for which admission is charged to 
     the general public.

     ``SEC. 5917. ADDITIONAL PROVISIONS.

       ``(a) Funds Available for Obligation for Two Years.--Funds 
     appropriated under section 5912 shall be available for 
     obligation by local educational agencies receiving grants 
     from the Secretary under section 5913(b)(1), by States 
     reserving funds under section 5914(a), and by local 
     educational agencies receiving subgrants under section 
     5914(b)(1) only during the period that ends 24 months after 
     the date of enactment of the Every Child Achieves Act of 
     2015.

[[Page S4791]]

       ``(b) Funds Available for Obligation for Three Years.--
     Funds appropriated under section 5912 shall be available for 
     obligation by local educational agencies receiving subgrants 
     under section 5914(b)(2) only during the period that ends 36 
     months after the date of enactment of the Every Child 
     Achieves Act of 2015.
       ``(c) Not Considered Local Educational Agencies.--For 
     purposes of section 5913(b)(1), Hawaii, the District of 
     Columbia, and the Commonwealth of Puerto Rico are not local 
     educational agencies.

     ``SEC. 5918. REPORTS.

       ``(a) Direct Grants to LEAs.--Each local educational agency 
     that receives a grant under section 5913(b)(1) shall, not 
     later than September 30, 2016, and annually thereafter for 
     each fiscal year in which the local educational agency 
     expends funds received under such section, submit to the 
     Secretary a report that includes--
       ``(1) a description of the projects for which the grant 
     was, or will be, used; and
       ``(2) the number of jobs created by the projects funded 
     under such section.
       ``(b) Subgrant to LEAs Through the State.--Each local 
     educational agency that receives a subgrant from a State 
     under paragraph (1) or (2) of section 5314(b) shall, not 
     later than September 30, 2016, and annually thereafter for 
     each fiscal year in which the local educational agency 
     expends funds received under such section, submit to the 
     State a report that includes--
       ``(1) a description of the projects for which the subgrant 
     was, or will be, used; and
       ``(2) the number of jobs created by the projects funded 
     under such section.
       ``(c) State Report to the Secretary.--Each State that 
     receives a report described under subsection (b) shall submit 
     a report to the Secretary containing the information in each 
     report that such State receives in accordance with subsection 
     (b).

              ``Subpart 2--Community College Modernization

     ``SEC. 5921. FEDERAL ASSISTANCE FOR COMMUNITY COLLEGE 
                   MODERNIZATION.

       ``(a) In General.--
       ``(1) Grant program.--From the amount made available under 
     subsection (g), the Secretary shall award grants to States to 
     modernize, renovate, or repair existing facilities at 
     community colleges.
       ``(2) Allocation.--
       ``(A) Reservations.--From the amount made available to 
     carry out this subpart for a fiscal year, the Secretary shall 
     reserve--
       ``(i) not more than 0.25 percent for grants to institutions 
     that are eligible to receive a grant under section 316 of the 
     Higher Education Act of 1965 to provide for modernization, 
     renovation, and repair activities described in this subpart; 
     and
       ``(ii) not more than 0.25 percent for grants to the 
     outlying areas to provide for modernization, renovation, and 
     repair activities described in this subpart.
       ``(B) Allocation.--
       ``(i) In general.--Except as provided in clause (ii), from 
     the funds made available to carry out this subpart for a 
     fiscal year, and not reserved under subparagraph (A), the 
     Secretary shall allocate to each State that has an 
     application approved by the Secretary an amount that bears 
     the same relation to such funds as the total number of 
     students in such State who are enrolled in institutions 
     described in section 5931(2)(A) plus the number of students 
     who are estimated to be enrolled in and pursuing a degree or 
     certificate that is not a baccalaureate, master's, 
     professional, or other advanced degree at institutions 
     described in section 5931(2)(B), based on the proportion of 
     degrees or certificates awarded by such institutions that are 
     not baccalaureate, master's, professional, or other advanced 
     degrees, as reported to the Integrated Postsecondary Data 
     System, bears to the estimated total number of such students 
     in all States.
       ``(ii) Minimum allocation.--No State shall receive an 
     allocation under clause (i) for a fiscal year that is less 
     than $2,500,000.
       ``(C) Reallocation.--Amounts not allocated under this 
     section to a State because the State either did not submit an 
     application under subsection (b), the State submitted an 
     application that the Secretary determined did not meet the 
     requirements of such subsection, or the State cannot 
     demonstrate to the Secretary a sufficient demand for projects 
     to warrant the full allocation of the funds, shall be 
     proportionately reallocated under this paragraph to the other 
     States that have a demonstrated need for, and are receiving, 
     allocations under this section.
       ``(D) State administration.--A State that receives a grant 
     under this section may use not more than 1 percent of such 
     grant for administration costs.
       ``(3) Supplement, not supplant.--Funds made available under 
     this section shall be used to supplement, and not supplant, 
     other Federal, State, and local funds that would otherwise be 
     expended to modernize, renovate, or repair existing community 
     college facilities.
       ``(b) Application.--A State that desires to receive a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information and assurances as the Secretary may require. Such 
     application shall include a description of--
       ``(1) how the funds provided under this section will 
     improve--
       ``(A) instruction at community colleges in the State, 
     including how faculty and staff will be consulted regarding 
     uses of funds for projects that will improve instruction at 
     community colleges in the State; and
       ``(B) the ability of such colleges to educate and train 
     students to meet the workforce needs of employers in the 
     State;
       ``(2) the projected start date of each project; and
       ``(3) the estimated number of persons who will be employed 
     through each project.
       ``(c) Prohibited Uses of Funds.--
       ``(1) In general.--Funds awarded under this section shall 
     not be used for--
       ``(A) routine janitorial costs;
       ``(B) construction, modernization, renovation, and repair 
     of stadiums or other facilities primarily used for athletic 
     contests or exhibitions or other events for which admission 
     is charged to the general public; or
       ``(C) construction, modernization, renovation, and repair 
     of facilities--
       ``(i) used for sectarian instruction, religious worship, or 
     a school or department of divinity; or
       ``(ii) in which a substantial portion of the functions of 
     the facilities are subsumed in a religious mission.
       ``(2) 4-year institutions.--Funds awarded to a 4-year 
     public institution of higher education under this section 
     shall not be used for any facility, service, or program of 
     the institution that is not available to students who are 
     pursuing a degree or certificate that is not a baccalaureate, 
     master's, professional, or other advanced degree.
       ``(d) Green Projects.--In providing assistance to community 
     college projects under this section, the State shall consider 
     the extent to which a community college's project involves 
     activities that are certified, verified, or consistent with 
     the applicable provisions of--
       ``(1) the LEED Green Building Rating System;
       ``(2) Energy Star;
       ``(3) the CHPS Criteria, as applicable;
       ``(4) Green Globes; or
       ``(5) an equivalent program adopted by the State or the 
     State higher education agency that includes a verifiable 
     method to demonstrate compliance with such program.
       ``(e) Reports.--Each State that receives a grant under this 
     subpart, shall, not later than September 30, 2016, and 
     annually thereafter for each fiscal year in which the State 
     expends funds received under this subpart, submit to the 
     Secretary a report that includes--
       ``(1) a description of the projects for which the grant 
     was, or will be, used;
       ``(2) a description of the amount and nature of the 
     assistance provided to each community college under this 
     subpart; and
       ``(3) the number of jobs created by the projects funded 
     under this subpart.
       ``(f) Availability of Funds.--
       ``(1) Authorization of appropriations; appropriation of 
     funds.--There are authorized to be appropriated, and there 
     are appropriated, to carry out this section (in addition to 
     any other amounts appropriated to carry out this section and 
     out of any money in the Treasury not otherwise appropriated), 
     $5,000,000,000 for fiscal year 2016.
       ``(2) Funds available for obligation.--Funds appropriated 
     under this subsection shall be available for obligation by 
     community colleges only during the period that ends 36 months 
     after the date of enactment of the Every Child Achieves Act 
     of 2015.

                    ``Subpart 3--General Provisions

     ``SEC. 5931. DEFINITIONS.

       ``In this part:
       ``(1) Community college.--The term `community college' 
     means--
       ``(A) a junior or community college, as that term is 
     defined in section 312(f) of the Higher Education Act of 
     1965; or
       ``(B) a 4-year public institution of higher education that 
     awards a significant number of degrees and certificates, as 
     determined by the Secretary, that are not--
       ``(i) baccalaureate degrees (or an equivalent); or
       ``(ii) master's, professional, or other advanced degrees.
       ``(2) CHPS criteria.--The term `CHPS Criteria' means the 
     green building rating program developed by the Collaborative 
     for High Performance Schools.
       ``(3) Energy star.--The term `Energy Star' means the Energy 
     Star program of the Department of Energy and the 
     Environmental Protection Agency.
       ``(4) Green globes.--The term `Green Globes' means the 
     Green Building Initiative environmental design and rating 
     system referred to as Green Globes.
       ``(5) LEED green building rating system.--The term `LEED 
     Green Building Rating System' means the United States Green 
     Building Council Leadership in Energy and Environmental 
     Design green building rating standard referred to as the LEED 
     Green Building Rating System.
       ``(6) Modernization, renovation, and repair.--The term 
     `modernization, renovation and repair' means--
       ``(A) comprehensive assessments of facilities to identify--
       ``(i) facility conditions or deficiencies that could 
     adversely affect student and staff health, safety, 
     performance, or productivity or energy, water, or materials 
     efficiency; and
       ``(ii) needed facility improvements;
       ``(B) repairing, replacing, or installing roofs (which may 
     be extensive, intensive, or semi-intensive `green' roofs), 
     electrical wiring, water supply and plumbing systems, sewage 
     systems, storm water runoff systems,

[[Page S4792]]

     lighting systems (or components of such systems); or building 
     envelope, windows, ceilings, flooring, or doors, including 
     security doors;
       ``(C) repairing, replacing, or installing heating, 
     ventilation, or air conditioning systems, or components of 
     those systems (including insulation), including by conducting 
     indoor air quality assessments;
       ``(D) repairing, replacing, or installing an interior or 
     exterior system that may include paint or coatings, wall 
     covering, drywall or plaster, ceiling, baseboards, or floor 
     covering;
       ``(E) compliance with fire, health, seismic, and safety 
     codes, including professional installation of fire and life 
     safety alarms, and modernizations, renovations, and repairs 
     that ensure that facilities are prepared for such emergencies 
     as acts of terrorism, campus violence, and natural disasters, 
     such as improving building infrastructure to accommodate 
     security measures and installing or upgrading technology to 
     ensure that a school or incident is able to respond to such 
     emergencies;
       ``(F) making modifications necessary to make educational 
     facilities accessible in compliance with the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and 
     section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
     794), except that such modifications shall not be the primary 
     use of a grant or subgrant;
       ``(G) abatement, removal, or interim controls of asbestos, 
     polychlorinated biphenyls, mold, mildew, or lead-based 
     hazards, including lead-based paint hazards;
       ``(H) retrofitting necessary to increase energy efficiency, 
     which may include insulation or reducing heating and cooling 
     costs through thermal coating of school facility roofs;
       ``(I) measures, such as selection and substitution of 
     products and materials, and implementation of improved 
     maintenance and operational procedures, such as `green 
     cleaning' programs, to reduce or eliminate potential student 
     or staff exposure to--
       ``(i) volatile organic compounds;
       ``(ii) particles such as dust and pollens; or
       ``(iii) combustion gases;
       ``(J) modernization, renovation, or repair necessary to 
     reduce the consumption of coal, electricity, land, oil, or 
     water;
       ``(K) installation or upgrading of educational technology 
     infrastructure;
       ``(L) installation or upgrading of renewable energy 
     generation and heating systems, including solar, 
     photovoltaic, wind, biomass (including wood pellet and woody 
     biomass), waste-to-energy, solar-thermal, fuel cell, and 
     geothermal systems, and energy audits;
       ``(M) modernization, renovation, or repair activities 
     related to energy efficiency and renewable energy, 
     including--
       ``(i) insulation of systems functioning as heating, 
     venting, or air conditioning; and
       ``(ii) improvements to building infrastructures to 
     accommodate bicycle and pedestrian access;
       ``(N) required environmental remediation related to 
     facilities modernization, renovation, or repair activities 
     described in subparagraphs (A) through (M);
       ``(O) ground improvements, storm water management, 
     landscaping and environmental clean-up when necessary;
       ``(P) other modernization, renovation, or repair to--
       ``(i) improve teachers' ability to teach and students' 
     ability to learn;
       ``(ii) ensure the health and safety of students and staff; 
     or
       ``(iii) improve classroom, laboratory, and vocational 
     facilities in order to enhance the quality of science, 
     technology, engineering, and mathematics instruction; and
       ``(Q) measures designed to reduce or eliminate human 
     exposure to classroom noise and environmental noise 
     pollution.
       ``(7) Outlying area.--The term `outlying area' means the 
     United States Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, and the 
     Republic of Palau.
       ``(8) State.--The term `State' means each of the 50 States 
     of the United States, the Commonwealth of Puerto Rico, and 
     the District of Columbia.

     ``SEC. 5932. BUY AMERICAN.

       ``Section 1605 of division A of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5) shall apply to 
     funds made available under this Act.

     ``SEC. 5933. COMPLIANCE WITH DAVIS-BACON ACT.

       ``All laborers and mechanics employed by contractors and 
     subcontractors on projects funded directly by or assisted in 
     whole or in part pursuant to this Act shall be paid wages at 
     rates not less than those prevailing on projects of a 
     character similar in the locality as determined by the 
     Secretary of Labor in accordance with subchapter IV of 
     chapter 31 of part A of title 40, United States Code. With 
     respect to the labor standards specified in this section, the 
     Secretary of Labor shall have the authority and functions set 
     forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 
     1267; 5 U.S.C. App.) and section 3145 of title 40, United 
     States Code.

     ``SEC. 5934. REPORTS.

       ``(a) Report by the Secretary.--The Secretary shall submit 
     to the appropriations committees and the authorizing 
     committees (as defined in section 103 of the Higher Education 
     Act of 1965) of the House of Representatives and the Senate 
     an annual report regarding the grants made under this Act, 
     including the information described in sections 5918 and 
     5921(e).
       ``(b) GAO.--Not later than 2 years after the date of 
     enactment of the Every Child Achieves Act of 2015, the 
     Comptroller General of the United States shall submit to 
     Congress a report evaluating the programs carried out under 
     this part that includes an assessment of the impact and 
     benefits of each school improvement project funded under this 
     part.''.
                                 ______
                                 
  SA 2099. Mr. BROWN (for himself, Mr. Manchin, and Mrs. Capito) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 447, between lines 16 and 17, insert the following:
       ``(X) designating a site resource coordinator at a school 
     or local educational agency to provide a variety of services, 
     such as--
       ``(i) establishing partnerships within the community to 
     provide resources and support for schools;
       ``(ii) ensuring all service and community partners are 
     aligned with the academic expectations of a community school 
     in order to improve student success; and
       ``(iii) strengthening relationships between schools and 
     communities; and
                                 ______
                                 
  SA 2100. Mr. BROWN (for himself and Mr. Manchin) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 630, between lines 4 and 5, insert the following:

     SEC. 5011. FULL-SERVICE COMMUNITY SCHOOLS.

       Title V (20 U.S.C. 7201 et seq.) is amended by adding at 
     the end the following:

                ``PART J--FULL-SERVICE COMMUNITY SCHOOLS

     ``SECTION 5911. SHORT TITLE.

       ``This part may be cited as the `Full-Service Community 
     Schools Act of 2015'.

     ``SEC. 5912. PURPOSES.

       ``The purposes of this title are to--
       ``(1) improve student learning and development by providing 
     supports for students that enable them to graduate college- 
     and career-ready;
       ``(2) provide support for the planning, implementation, and 
     operation of full-service community schools;
       ``(3) improve 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) enable educators and school personnel to complement 
     and enrich efforts to improve academic achievement and other 
     results;
       ``(5) ensure that children have the physical, social, and 
     emotional well-being to come to school ready to engage in the 
     learning process every day;
       ``(6) promote and enable family and community engagement in 
     the education of children;
       ``(7) enable more efficient use of Federal, State, local, 
     and private sector resources that serve children and 
     families;
       ``(8) facilitate the coordination and integration of 
     programs and services operated by community-based 
     organizations, nonprofit organizations, and State, local, and 
     tribal governments;
       ``(9) engage students as resources to their communities; 
     and
       ``(10) engage the business community and other community 
     organizations as partners in the development and operation of 
     full-service community schools.

     ``SEC. 5913. DEFINITION OF FULL-SERVICE COMMUNITY SCHOOL.

       ``In this part, the term `full-service community school' 
     means a public elementary school 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. 5914. LOCAL PROGRAMS.

       ``(a) Grants.--The Secretary may award grants to eligible 
     entities to assist public elementary schools 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 schools 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 children; 
     and

[[Page S4793]]

       ``(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, percentage of students eligible for 
     free- and reduced-price lunch under the Richard B. Russell 
     National School Lunch Act, 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, as of the date of the assessment, that 
     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
       ``(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 the specialized 
     instructional support personnel employed prior to the receipt 
     of the grant.
       ``(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, 
     including 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 1113(c).
       ``(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 1113(c), 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) Additional qualified services.--The term `additional 
     qualified services' means qualified services directly funded 
     under this part.
       ``(2) Eligible entity.--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) Existing qualified services.--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, or other similar organizations.
       ``(4) Qualified services.--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.
       ``(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.

[[Page S4794]]

       ``(W) Other services consistent with this part.

     ``SEC. 5915. 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 5914(c)(4)(E).
       ``(2) Planning, coordinating, and expanding the development 
     of full-service community schools in the State, particularly 
     such 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 Federal and State policies 
     and guidelines on the ability of eligible entities (as 
     defined in section 5914(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) State.--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.
       ``(2) State collaborative.--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. 5916. 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;
       ``(2) identify strategies to improve the coordination of 
     Federal programs in support of full-service community 
     schools; and
       ``(3) issue an annual report to 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 5914, State 
     collaboratives awarded grants under section 5915, 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. 5917. 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 5914 and 5915 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 part 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 part 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. 5918. 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 2021.
       ``(b) Allocation.--Of the amounts appropriated to carry out 
     this part for each fiscal year--
       ``(1) 85 percent shall be for section 5914, and of the 
     funds available for new grants awarded under such section 
     after the date of enactment of the Every Child Achieves Act 
     of 2015, not less than 10 percent of such funds 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 5915; and
       ``(3) 5 percent shall be for subsections (a) and (b) of 
     section 5917, of which not less than $500,000 shall be for 
     technical assistance under section 5917(a).''.
                                 ______
                                 
  SA 2101. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 1020__. PROTECTION OF THE RIGHTS AND PRIVACY OF PARENTS 
                   AND STUDENTS.

       Section 444 of the General Education Provisions Act (20 
     U.S.C. 1232g) is amended--
       (1) in subsection (a)(4)(A)(ii), by striking ``by an 
     educational agency or institution, or

[[Page S4795]]

     by a person acting for such agency or institution'' and 
     inserting ``in any format by an educational agency or 
     institution, by a person or third party collecting or 
     maintaining such information through the active intervention, 
     facilitation, or authorization of such agency or institution, 
     or by a person or third party acting for such agency or 
     institution''; and
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A)(i) employees and other school officials, including 
     teachers within the educational institution or local 
     educational agency, who have been determined by such agency 
     or institution to have legitimate educational interests, 
     including the educational interests of the child for whom 
     consent would otherwise be required; or
       ``(ii) a contractor, or an organization conducting a study 
     under subparagraph (F), if such contractor or organization--
       ``(I) performs an institutional service of function for 
     which the educational agency or institution would otherwise 
     use employees;
       ``(II) is under the direct control of the educational 
     agency or institution with respect to the use and maintenance 
     of education records;
       ``(III) limits internal access to education records to 
     those individuals who are determined to have legitimate 
     educational interests;
       ``(IV) does not use education records for any other 
     purposes than those explicitly authorized in the contract or 
     agreement;
       ``(V) does not disclose any personally identifiable 
     information to any other party--

       ``(aa) without the prior written consent of the parent of 
     the student; or
       ``(bb) unless required by law or court order, in which case 
     the party shall provide a notice of the required disclosure 
     to the educational agency or institution that provided the 
     information by not later than the date the disclosure is 
     required except when providing notice of the disclosure is 
     expressly prohibited by the law or court order;

       ``(VI) maintains reasonable administrative, technical, and 
     physical safeguards to protect the security, confidentiality, 
     and integrity of student personally identifiable information 
     in its custody;
       ``(VII) uses encryption technologies to protect data while 
     in motion or in its custody from unauthorized disclosure 
     using a technology or methodology specified by the Secretary 
     of Health and Human Services in the guidance issued on April 
     27, 2009 (74 Fed. Reg. 19006) under section 13402(h)(2) of 
     the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 
     17932(h)(2));
       ``(VIII) has sufficient administrative and technical 
     procedures to monitor continuously the security of personally 
     identifiable information in the custody of the contractor or 
     organization;
       ``(IX) conducts a security audit annually and provides the 
     results of that audit to the educational agency or 
     institution from which the contractor, consultant, or other 
     party received education records;
       ``(X) provides the educational agency or institution with a 
     breach remediation plan acceptable to the educational agency 
     or institution prior to initial receipt of education records;
       ``(XI) reports all suspected security breaches to the 
     educational agency or institution that provided education 
     records as soon as possible, but not later than 48 hours, 
     after a suspected breach was known or would have been known 
     by exercising reasonable diligence;
       ``(XII) reports all actual security breaches to the 
     educational agency or institution that provided education 
     records as soon as possible, but no later than 24 hours after 
     an actual breach was known or would have been known by 
     exercising reasonable diligence;
       ``(XIII) in the event of a security breach or unauthorized 
     disclosure of personally identifiable information, pays all 
     costs and liabilities incurred by the educational agency or 
     institution providing the education record related to the 
     security breach or unauthorized disclosure, including the 
     costs of--

       ``(aa) responding to inquiries about the security breach or 
     unauthorized disclosure;
       ``(bb) notifying individuals, including parents of 
     students, whose personally identifiable information was held 
     by the contractor, consultant, or other party about the 
     breach or unauthorized disclosure;
       ``(cc) mitigating the effects of the breach or unauthorized 
     disclosure for such individuals; and
       ``(dd) investigating the cause or consequences of the 
     security breach or unauthorized disclosure; and

       ``(XIV) destroys or returns to the educational agency or 
     institution all personally identifiable information in its 
     custody upon request and at the termination of the contract 
     or agreement;'';
       (ii) in subparagraph (C)(i), by inserting ``under the 
     direct control'' after ``authorized representatives''; and
       (iii) by striking subparagraph (F) and inserting the 
     following:
       ``(F) organizations conducting studies for, or on behalf 
     of, educational agencies or institutions for the purpose of 
     developing, validating, or administering predictive tests, 
     administering student aid programs, and improving 
     instruction, if such studies are--
       ``(i) explicitly approved by the educational agencies or 
     institutions through a written agreement;
       ``(ii) conducted in such a manner as will not permit the 
     personal identification of students and their parents by 
     persons other than representatives of such organizations and 
     such information will be destroyed when no longer needed for 
     the purpose for which it is conducted; and
       ``(iii) consistent with subparagraph (A)(ii);'';
       (B) in paragraph (3), by inserting ``administered by State 
     or local educational agencies or by an institution'' after 
     ``Federally-supported education program''; and
       (C) in paragraph (5), by inserting ``administered by a 
     State or local educational agency or by an institution'' 
     after ``State supported education program''.
                                 ______
                                 
  SA 2102. Mr. MANCHIN (for himself, Mr. Brown, and Mrs. Capito) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 137, between lines 7 and 8, insert the following:
       ``(6) Comprehensive services.--If health, nutrition, and 
     other social services are not otherwise available to children 
     in a school operating a schoolwide program under this section 
     and such school, if appropriate, has established a 
     collaborative partnership with local service providers and 
     funds are not reasonably available from other public or 
     private sources to provide such services, then the school may 
     use a portion of the funds provided under this subsection to 
     provide such services to economically disadvantaged students, 
     including through--
       ``(A) the provision of basic medical equipment and 
     services, such as eyeglasses and hearing aids;
       ``(B) compensation of a coordinator;
       ``(C) family support and engagement services;
       ``(D) health care services and integrated student supports 
     to address the physical, mental, and emotional well-being of 
     children; and
       ``(E) professional development necessary to assist 
     teachers, specialized instructional support personnel, other 
     staff, and parents in identifying and meeting the 
     comprehensive needs of the children in the school.
                                 ______
                                 
  SA 2103. Mr. MANCHIN (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 444, strike line 2 and insert the following:
     school; or
       ``(iii) promote volunteerism and community service;''.
                                 ______
                                 
  SA 2104. Mr. MANCHIN (for himself and Ms. Ayotte) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 69, between lines 16 and 17, insert the following:
       ``(N) how the State educational agency will provide support 
     to local educational agencies for the education of children 
     facing substance abuse in the home, which may include how 
     such agency will provide professional development, training, 
     and technical assistance to local educational agencies, 
     elementary schools, and secondary schools in communities with 
     high rates of substance abuse; and''.
                                 ______
                                 
  SA 2105. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 181, between lines 18 and 19, insert the following:
       (b) Comparability of Services.--Section 1117, as 
     redesignated by section 1004(3) and amended by this section, 
     is further amended by striking subsection (c) and inserting 
     the following:
       ``(c) Comparability.--
       ``(1) In general.--
       ``(A) Comparability.--Beginning for the 2017-2018 school 
     year, a local educational agency may receive funds under this 
     part only if the local educational agency demonstrates to the 
     State educational agency that the combined State and local 
     per-pupil expenditures (including actual personnel and actual 
     non-personnel expenditures) in each school served under this 
     part, in the most recent year for which such data are 
     available, were not less than the average combined

[[Page S4796]]

     State and local per-pupil expenditures (including actual 
     personnel and actual non-personnel expenditures) for those 
     schools that are not served under this part.
       ``(B) Alternative comparability.--If the local educational 
     agency is serving all of the schools under its jurisdiction 
     under this part, the agency shall demonstrate to the State 
     educational agency that the combined State and local per-
     pupil expenditures (including actual personnel and actual 
     non-personnel expenditures) for each of its higher-poverty 
     schools, in the most recent year for which such data are 
     available, were not less than the average combined State and 
     local per-pupil expenditures (including actual personnel and 
     actual non-personnel expenditures) for its lower-poverty 
     schools.
       ``(C) Basis.--A local educational agency may meet the 
     requirements of subparagraphs (A) and (B) on a local 
     educational agency-wide basis or a grade-span by grade-span 
     basis.
       ``(D) Exclusion of funds.--
       ``(i) In general.--For the purpose of complying with this 
     paragraph, a local educational agency shall exclude any State 
     or local funds expended in any school for--

       ``(I) excess costs of providing services to English 
     learners;
       ``(II) excess costs of providing services to children with 
     disabilities;
       ``(III) capital expenditures; and
       ``(IV) such other expenditures as the Secretary determines 
     appropriate.

       ``(ii) Changes after the beginning of the school year.--A 
     local educational agency need not include unpredictable 
     changes in student enrollment or personnel assignments that 
     occur after the beginning of a school year in determining 
     compliance under this subsection.
       ``(2) Documentation.--A local educational agency shall 
     demonstrate that it is meeting the requirements of paragraph 
     (1) by submitting to the State educational agency for each 
     school served by the local educational agency--
       ``(A) the State and local per-pupil expenditures (including 
     actual personnel expenditures and actual non-personnel 
     expenditures);
       ``(B) actual personnel expenditures from State and local 
     sources;
       ``(C) actual non-personnel expenditures from State and 
     local sources; and
       ``(D) total expenditures from State and local sources.
       ``(3) Inapplicability.--This subsection shall not apply to 
     a local educational agency that does not have more than 1 
     building for each grade span.
       ``(4) Process and procedures.--
       ``(A) Local educational agency responsibilities.--Each 
     local educational agency assisted under this part shall, by 
     October 31, 2018, report to the State educational agency on 
     its compliance with the requirements of this subsection for 
     the preceding school year, including by providing a listing, 
     by school, of actual combined per-pupil State and local 
     personnel and non-personnel expenditures, consistent with 
     paragraph (2).
       ``(B) State educational agency responsibilities.--Each 
     State educational agency assisted under this part shall 
     ensure that the information under subparagraph (A), including 
     the listings of expenditures by school, is made publicly 
     available by the State or the local educational agency.
       ``(5) Transition provisions.--
       ``(A) School years preceding the 2017-2018 school year.--
     For school years preceding the 2017-2018 school year, a local 
     educational agency may receive funds under this part only if 
     the local educational agency demonstrates to the State 
     educational agency that the local educational agency meets 
     the requirements of this subsection, as in effect on the day 
     before the date of enactment of the Every Child Achieves Act 
     of 2015.
       ``(B) Transition between requirements.--The Secretary shall 
     take such steps as are necessary to provide for the orderly 
     transition between the requirements under this section, as in 
     effect on the day before the date of enactment of the Every 
     Child Achieves Act of 2015, and the new requirements under 
     this section, as amended by such Act.
       ``(6) Rule of construction.--Nothing in this subsection 
     shall be construed to require a local educational agency to 
     transfer school personnel in order to comply with this 
     subsection.
       ``(7) Definitions.--For the purposes of this subsection:
       ``(A) Higher-poverty school.--The term `higher poverty 
     school' means a school that is in the highest 3 quartiles of 
     schools served by a local educational agency, based on the 
     percentage of enrolled students from low-income families.
       ``(B) Lower-poverty school.--The term `lower poverty 
     school' means a school that is in the lowest quartile of 
     schools served by a local educational agency, based on the 
     percentage of enrolled students from low-income families.''.
                                 ______
                                 
  SA 2106. Ms. WARREN submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 361, line 3, strike ``school leaders, and'' and 
     insert ``school leaders, specialized instructional support 
     personnel (as appropriate), and''.
       On page 362, line 19, insert ``specialized instructional 
     support personnel (as appropriate),'' after ``other school 
     leaders,''.
       On page 364, line 20, strike ``and school personnel'' and 
     insert ``school personnel, and specialized instructional 
     support personnel (as appropriate)''.
       On page 366, line 5, strike ``and school personnel'' and 
     insert ``specialized instructional support personnel (as 
     appropriate), and school personnel''.
       On page 367, line 2, insert ``or specialized instructional 
     support personnel'' after ``librarians''.
                                 ______
                                 
  SA 2107. Mr. TESTER submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 654, strike lines 7 through 10.
       On page 683, lines 16 and 17, strike ``7132, as 
     redesignated by section 7001(2),'' and insert ``7135''.
       On page 683, line 18, strike ``7132'' and insert ``7135''.
                                 ______
                                 
  SA 2108. Mrs. GILLIBRAND (for herself and Ms. Ayotte) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 369, strike lines 1 and 2 and insert the following:
       ``(2) improving student engagement in, and increasing 
     student access to, such subjects, including for students from 
     groups underrepresented in such subjects, such as female 
     students, minority students, English learners, children with 
     disabilities, and economically disadvantaged students;
       Beginning on page 374, strike lines 17 through 22 and 
     insert the following:
       ``(C) how the State's proposed project will ensure 
     increased access for students who are members of groups 
     underrepresented in science, technology, engineering, and 
     mathematics subject fields (which may include female 
     students, minority students, English learners, children with 
     disabilities, and economically disadvantaged students) to 
     high-quality courses in 1 or more of the identified subjects; 
     and
       On page 375, strike lines 8 through 12 and insert the 
     following:
       ``(1) Increasing access for students through grade 12 who 
     are members of groups underrepresented in science, 
     technology, engineering, and mathematics subject fields, such 
     as female students, minority students, English learners, 
     children with disabilities, and economically disadvantaged 
     students, to high-quality courses in the identified subjects.
       On page 377, between lines 22 and 23, insert the following:
       ``(iii) A description of how the eligible subgrantee will 
     use funds provided under this subsection for services and 
     activities to increase access for students who are members of 
     groups underrepresented in science, technology, engineering, 
     and mathematics subject fields, which may include female 
     students, minority students, English learners, children with 
     disabilities, and economically disadvantaged students, to 
     high-quality courses in 1 or more of the State's identified 
     subjects. Such activities and services may include after-
     school activities or other informal learning opportunities 
     designed to encourage interest and develop skills in 1 or 
     more of such subjects.
       On page 381, between lines 4 and 5, insert the following:
       ``(iv) broaden student access to mentorship, tutoring, and 
     after-school activities or other informal learning 
     opportunities designed to encourage interest and develop 
     skills in 1 or more of the State's identified subjects;
                                 ______
                                 
  SA 2109. Ms. HIRONO (for herself and Mr. Heller) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 43, between lines 5 and 6, insert the following:
       ``(VI) for local educational agencies with not less than 
     1,000 total Asian and Native Hawaiian/Pacific Islander 
     students, the same race response categories as the decennial 
     census of the population; and
                                 ______
                                 
  SA 2110. Mr. DAINES (for himself, Mr. Grassley, Mr. Cruz, Mr. Vitter, 
Mr. Johnson, Mr. Lee, Mr. Lankford, Mr. Blunt, and Mr. Crapo) submitted 
an amendment intended to be proposed to amendment SA 2089 submitted by 
Mr. Alexander (for himself and Mrs.

[[Page S4797]]

Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       After part B of title X, insert the following:

                           PART C--A PLUS ACT

     SECTION 10301. SHORT TITLE; PURPOSE; DEFINITIONS.

       (a) Short Title.--This part may be cited as the ``Academic 
     Partnerships Lead Us to Success Act'' or the ``A PLUS Act''.
       (b) Purpose.--The purposes of this part are as follows:
       (1) To give States and local communities added flexibility 
     to determine how to improve academic achievement and 
     implement education reforms.
       (2) To reduce the administrative costs and compliance 
     burden of Federal education programs in order to focus 
     Federal resources on improving academic achievement.
       (3) To ensure that States and communities are accountable 
     to the public for advancing the academic achievement of all 
     students, especially disadvantaged children.
       (c) Definitions.--
       (1) In general.--Except as otherwise provided, the terms 
     used in this part have the meanings given the terms in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801 et seq.).
       (2) Other terms.--In this part:
       (A) Accountability.--The term ``accountability'' means that 
     public schools are answerable to parents and other taxpayers 
     for the use of public funds and shall report student progress 
     to parents and taxpayers regularly.
       (B) Declaration of intent.--The term ``declaration of 
     intent'' means a decision by a State, as determined by State 
     Authorizing Officials or by referendum, to assume full 
     management responsibility for the expenditure of Federal 
     funds for certain eligible programs for the purpose of 
     advancing, on a more comprehensive and effective basis, the 
     educational policy of such State.
       (C) State.--The term ``State'' has the meaning given such 
     term in section 1122(e) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6332(e)).
       (D) State authorizing officials.--The term ``State 
     Authorizing Officials'' means the State officials who shall 
     authorize the submission of a declaration of intent, and any 
     amendments thereto, on behalf of the State. Such officials 
     shall include not less than 2 of the following:
       (i) The governor of the State.
       (ii) The highest elected education official of the State, 
     if any.
       (iii) The legislature of the State.
       (E) State designated officer.--The term ``State Designated 
     Officer'' means the person designated by the State 
     Authorizing Officials to submit to the Secretary, on behalf 
     of the State, a declaration of intent, and any amendments 
     thereto, and to function as the point-of-contact for the 
     State for the Secretary and others relating to any 
     responsibilities arising under this part.

     SEC. 10302. DECLARATION OF INTENT.

       (a) In General.--Each State is authorized to submit to the 
     Secretary a declaration of intent permitting the State to 
     receive Federal funds on a consolidated basis to manage the 
     expenditure of such funds to advance the educational policy 
     of the State.
       (b) Programs Eligible for Consolidation and Permissible Use 
     of Funds.--
       (1) Scope.--A State may choose to include within the scope 
     of the State's declaration of intent any program for which 
     Congress makes funds available to the State if the program is 
     for a purpose described in the Elementary and Education 
     Secondary Act of 1965 (20 U.S.C. 6301). A State may not 
     include any program funded pursuant to the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.).
       (2) Uses of funds.--Funds made available to a State 
     pursuant to a declaration of intent under this part shall be 
     used for any educational purpose permitted by State law of 
     the State submitting a declaration of intent.
       (3) Removal of fiscal and accounting barriers.--Each State 
     educational agency that operates under a declaration of 
     intent under this part shall modify or eliminate State fiscal 
     and accounting barriers that prevent local educational 
     agencies and schools from easily consolidating funds from 
     other Federal, State, and local sources in order to improve 
     educational opportunities and reduce unnecessary fiscal and 
     accounting requirements.
       (c) Contents of Declaration.--Each declaration of intent 
     shall contain--
       (1) a list of eligible programs that are subject to the 
     declaration of intent;
       (2) an assurance that the submission of the declaration of 
     intent has been authorized by the State Authorizing 
     Officials, specifying the identity of the State Designated 
     Officer;
       (3) the duration of the declaration of intent;
       (4) an assurance that the State will use fiscal control and 
     fund accounting procedures;
       (5) an assurance that the State will meet the requirements 
     of applicable Federal civil rights laws in carrying out the 
     declaration of intent and in consolidating and using the 
     funds under the declaration of intent;
       (6) an assurance that in implementing the declaration of 
     intent the State will seek to advance educational 
     opportunities for the disadvantaged;
       (7) a description of the plan for maintaining direct 
     accountability to parents and other citizens of the State; 
     and
       (8) an assurance that in implementing the declaration of 
     intent, the State will seek to use Federal funds to 
     supplement, rather than supplant, State education funding.
       (d) Duration.--The duration of the declaration of intent 
     shall not exceed 5 years.
       (e) Review and Recognition by the Secretary.--
       (1) In general.--The Secretary shall review the declaration 
     of intent received from the State Designated Officer not more 
     than 60 days after the date of receipt of such declaration, 
     and shall recognize such declaration of intent unless the 
     declaration of intent fails to meet the requirements under 
     subsection (c).
       (2) Recognition by operation of law.--If the Secretary 
     fails to take action within the time specified in paragraph 
     (1), the declaration of intent, as submitted, shall be deemed 
     to be approved.
       (f) Amendment to Declaration of Intent.--
       (1) In general.--The State Authorizing Officials may direct 
     the State Designated Officer to submit amendments to a 
     declaration of intent that is in effect. Such amendments 
     shall be submitted to the Secretary and considered by the 
     Secretary in accordance with subsection (e).
       (2) Amendments authorized.--A declaration of intent that is 
     in effect may be amended to--
       (A) expand the scope of such declaration of intent to 
     encompass additional eligible programs;
       (B) reduce the scope of such declaration of intent by 
     excluding coverage of a Federal program included in the 
     original declaration of intent;
       (C) modify the duration of such declaration of intent; or
       (D) achieve such other modifications as the State 
     Authorizing Officials deem appropriate.
       (3) Effective date.--The amendment shall specify an 
     effective date. Such effective date shall provide adequate 
     time to assure full compliance with Federal program 
     requirements relating to an eligible program that has been 
     removed from the coverage of the declaration of intent by the 
     proposed amendment.
       (4) Treatment of program funds withdrawn from declaration 
     of intent.--Beginning on the effective date of an amendment 
     executed under paragraph (2)(B), each program requirement of 
     each program removed from the declaration of intent shall 
     apply to the State's use of funds made available under the 
     program.

     SEC. 10303. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION.

       (a) In General.--Each State operating under a declaration 
     of intent under this part shall inform parents and the 
     general public regarding the student achievement assessment 
     system, demonstrating student progress relative to the 
     State's determination of student proficiency, as described in 
     paragraph (2), for the purpose of public accountability to 
     parents and taxpayers.
       (b) Accountability System.--The State shall determine and 
     establish an accountability system to ensure accountability 
     under this part.
       (c) Report on Student Progress.--Not later than 1 year 
     after the effective date of the declaration of intent, and 
     annually thereafter, a State shall disseminate widely to 
     parents and the general public a report that describes 
     student progress. The report shall include--
       (1) student performance data disaggregated in the same 
     manner as data are disaggregated under section 1111(b)(3)(A) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6311(b)(3)(A)); and
       (2) a description of how the State has used Federal funds 
     to improve academic achievement, reduce achievement 
     disparities between various student groups, and improve 
     educational opportunities for the disadvantaged.

     SEC. 10304. ADMINISTRATIVE EXPENSES.

       (a) In General.--Except as provided in subsection (b), the 
     amount that a State with a declaration of intent may expend 
     for administrative expenses shall be limited to 1 percent of 
     the aggregate amount of Federal funds made available to the 
     State through the eligible programs included within the scope 
     of such declaration of intent.
       (b) States Not Consolidating Funds Under Part a of Title 
     I.--If the declaration of intent does not include within its 
     scope part A of title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311 et seq.), the amount 
     spent by the State on administrative expenses shall be 
     limited to 3 percent of the aggregate amount of Federal funds 
     made available to the State pursuant to such declaration of 
     intent.

     SEC. 10305. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.

       Each State consolidating and using funds pursuant to a 
     declaration of intent under this part shall provide for the 
     participation of private school children and teachers in the 
     activities assisted under the declaration of intent in the 
     same manner as participation is provided to private school 
     children and teachers under section 9501 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7881).
                                 ______
                                 
  SA 2111. Mr. McCAIN (for himself and Mr. Reid) submitted an amendment 
intended to be proposed to amendment

[[Page S4798]]

SA 2089 submitted by Mr. Alexander (for himself and Mrs. Murray) to the 
bill S. 1177, to reauthorize the Elementary and Secondary Education Act 
of 1965 to ensure that every child achieves; which was ordered to lie 
on the table; as follows:

       At the end of part B of title X, add the following:

     SEC. _____. POSTHUMOUS PARDON.

       (a) Findings.--Congress finds the following:
       (1) John Arthur ``Jack'' Johnson was a flamboyant, defiant, 
     and controversial figure in the history of the United States 
     who challenged racial biases.
       (2) Jack Johnson was born in Galveston, Texas, in 1878 to 
     parents who were former slaves.
       (3) Jack Johnson became a professional boxer and traveled 
     throughout the United States, fighting White and African-
     American heavyweights.
       (4) After being denied (on purely racial grounds) the 
     opportunity to fight 2 White champions, in 1908, Jack Johnson 
     was granted an opportunity by an Australian promoter to fight 
     the reigning White title-holder, Tommy Burns.
       (5) Jack Johnson defeated Tommy Burns to become the first 
     African-American to hold the title of Heavyweight Champion of 
     the World.
       (6) The victory by Jack Johnson over Tommy Burns prompted a 
     search for a White boxer who could beat Jack Johnson, a 
     recruitment effort that was dubbed the search for the ``great 
     white hope''.
       (7) In 1910, a White former champion named Jim Jeffries 
     left retirement to fight Jack Johnson in Reno, Nevada.
       (8) Jim Jeffries lost to Jack Johnson in what was deemed 
     the ``Battle of the Century''.
       (9) The defeat of Jim Jeffries by Jack Johnson led to 
     rioting, aggression against African-Americans, and the 
     racially-motivated murder of African-Americans throughout the 
     United States.
       (10) The relationships of Jack Johnson with White women 
     compounded the resentment felt toward him by many Whites.
       (11) Between 1901 and 1910, 754 African-Americans were 
     lynched, some simply for being ``too familiar'' with White 
     women.
       (12) In 1910, Congress passed the Act of June 25, 1910 
     (commonly known as the ``White Slave Traffic Act'' or the 
     ``Mann Act'') (18U.S.C. 2421 et seq.), which outlawed the 
     transportation of women in interstate or foreign commerce 
     ``for the purpose of prostitution or debauchery, or for any 
     other immoral purpose''.
       (13) In October 1912, Jack Johnson became involved with a 
     White woman whose mother disapproved of their relationship 
     and sought action from the Department of Justice, claiming 
     that Jack Johnson had abducted her daughter.
       (14) Jack Johnson was arrested by Federal marshals on 
     October 18, 1912, for transporting the woman across State 
     lines for an ``immoral purpose'' in violation of the Mann 
     Act.
       (15) The Mann Act charges against Jack Johnson were dropped 
     when the woman refused to cooperate with Federal authorities, 
     and then married Jack Johnson.
       (16) Federal authorities persisted and summoned a White 
     woman named Belle Schreiber, who testified that Jack Johnson 
     had transported her across States lines for the purpose of 
     ``prostitution and debauchery''.
       (17) In 1913, Jack Johnson was convicted of violating the 
     Mann Act and sentenced to 1 year and 1 day in Federal prison.
       (18) Jack Johnson fled the United States to Canada and 
     various European and South American countries.
       (19) Jack Johnson lost the Heavyweight Championship title 
     to Jess Willard in Cuba in 1915.
       (20) Jack Johnson returned to the United States in July 
     1920, surrendered to authorities, and served nearly a year in 
     the Federal penitentiary at Leavenworth, Kansas.
       (21) Jack Johnson subsequently fought in boxing matches, 
     but never regained the Heavyweight Championship title.
       (22) Jack Johnson served the United States during World War 
     II by encouraging citizens to buy war bonds and participating 
     in exhibition boxing matches to promote the war bond cause.
       (23) Jack Johnson died in an automobile accident in 1946.
       (24) In 1954, Jack Johnson was inducted into the Boxing 
     Hall of Fame.
       (25) Senate Concurrent Resolution 29,111th Congress, agreed 
     to July 29, 2009, expressed the sense of the 111th Congress 
     that Jack Johnson should receive a posthumous pardon for his 
     racially-motivated 1913 conviction.
       (b) Recommendations.--It remains the sense of Congress that 
     Jack Johnson should receive a posthumous pardon--
       (1) to expunge a racially-motivated abuse of the 
     prosecutorial authority of the Federal Government from the 
     annals of criminal justice in the United States; and
       (2) in recognition of the athletic and cultural 
     contributions of Jack Johnson to society.
                                 ______
                                 
  SA 2112. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 284, between lines 11 and 12, insert the following:
       ``(C) Optional uses.--
       ``(i) In general.--The State educational agency for a State 
     that receives an allotment under subsection (b) may use not 
     more than 1 percent of funds available and not reserved under 
     paragraph (1) to establish, expand, or implement 1 or more 
     teacher or principal preparation academies and to provide for 
     a State authorizer, if--

       ``(I) the State does not have in place legal, statutory, or 
     regulatory barriers to the creation or operation of teacher 
     or principal preparation academies;
       ``(II) the State enables candidates attending a teacher or 
     principal preparation academy to be eligible for State 
     financial aid to the same extent as participants in other 
     State-approved teacher or principal preparation programs, 
     including alternative certification, licensure, or credential 
     programs;
       ``(III) the State enables teachers or principals who are 
     teaching or working while on alternative certificates, 
     licenses, or credentials to teach or work in the State while 
     enrolled in a teacher or principal preparation academy; and
       ``(IV) the State will recognize a certificate of completion 
     (from any teacher or principal preparation academy that is 
     not, or is unaffiliated with, an institution of higher 
     education), as at least the equivalent of a master's degree 
     in education for the purposes of hiring, retention, 
     compensation, and promotion in the State.

       ``(ii) Definitions.--In this subparagraph:

       ``(I) Teacher or principal preparation academy.--The term 
     `teacher or principal preparation academy' means a public or 
     other nonprofit institution that will prepare teachers or 
     principals, or both, to serve in high need schools and that--

       ``(aa) enters into an agreement with a State authorizer 
     that specifies the goals expected of the institution, 
     including--
       ``(AA) a requirement that teacher or principal candidates, 
     or teachers teaching or principals serving on alternative 
     certificates, licenses, or credentials, who are enrolled in 
     the academy receive a significant part of their training 
     through clinical preparation that partners candidates with 
     mentor teachers or principals with a demonstrated track 
     record of success in improving student growth, including 
     (where applicable) children with disabilities, children 
     living in poverty, and English learners; and
       ``(BB) a requirement that the academy will provide 
     instruction to teacher candidates that links to the clinical 
     preparation experience;
       ``(CC) the number of teachers or principals the academy 
     will produce and the minimum number and percentage of 
     teachers or principals who will demonstrate success in 
     improving student performance based on multiple measures 
     (including student growth);
       ``(DD) a requirement that the teacher preparation component 
     of the academy will only award a certificate of completion 
     (or degree, if the academy is, or is affiliated with, an 
     institution of higher education) after the graduate 
     demonstrates a track record of success in improving student 
     performance based on multiple measures (including student 
     growth), either as a student teacher or teacher-of-record on 
     an alternative certificate, license, or credential;
       ``(EE) a requirement that the principal preparation 
     component of the academy will only award a certificate of 
     completion (or degree, if the academy is, or is affiliated 
     with, an institution of higher education) after the graduate 
     demonstrates a track record of success in improving student 
     performance for some or all of a school's students; and
       ``(FF) timelines for producing cohorts of graduates and 
     conferring certificates of completion (or degrees, if the 
     academy is, or is affiliated with, an institution of higher 
     education) from the academy;
       ``(bb) shall not have unnecessary restrictions placed on 
     the methods the academy will use to train teacher or 
     principal candidates (or teachers or principals that are 
     teaching or working while on alternative certificates, 
     licenses, or credentials), including restrictions or 
     requirements--
       ``(AA) obligating the faculty of the academy to hold 
     advanced degrees, or prohibiting the faculty of the academy 
     from holding advanced degrees;
       ``(BB) obligating such faculty to conduct academic 
     research;
       ``(CC) related to the physical infrastructure of the 
     academy;
       ``(DD) related to the number of course credits required as 
     part of the program of study;
       ``(EE) related to the undergraduate coursework completed by 
     teachers teaching on alternative certificates, licenses, or 
     credentials, as long as such teachers have successfully 
     passed all relevant State-approved content area examinations; 
     or
       ``(FF) related to obtaining additional accreditation from a 
     national accrediting body; and
       ``(cc) limits admission to its program to candidates who 
     demonstrate strong potential to improve student achievement, 
     based on a rigorous selection process that reviews a 
     candidate's prior academic achievement or record of 
     professional accomplishment.

[[Page S4799]]

       ``(II) State authorizer.--The term `State authorizer' means 
     an entity designated by the Governor of a State to recognize 
     teacher or principal preparation academies within the State 
     that--

       ``(aa) enters into an agreement with a teacher or principal 
     preparation academy that specifies the goals expected of the 
     academy, as described in subclause (I)(aa);
       ``(bb) may be a nonprofit organization, State educational 
     agency, or other public entity, or consortium of such 
     entities (including a consortium of States); and
       ``(cc) does not reauthorize a teacher or principal 
     preparation academy if the academy fails to produce the 
     minimum number or percentage of effective teachers or 
     principals, respectively, identified in the academy's 
     authorizing agreement.
       ``(iii) Supplement, not supplant.--Funds used in accordance 
     with this subparagraph shall be used to supplement, and not 
     supplant, non-Federal funds that would otherwise be used for 
     activities authorized under this subparagraph.''.
                                 ______
                                 
  SA 2113. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 424, strike lines 5 through 12 and insert the 
     following:
       ``(1) not more than 5 percent for national activities 
     authorized under section 4109;

       On page 452, between lines 4 and 5, insert the following:

     ``SEC. 4109. NATIONAL ACTIVITIES.

       ``(a) APRA-ED.--From the funds reserved under section 
     4103(a)(1) to carry about this section, the Secretary may 
     reserve not more than 40 percent for each fiscal year to 
     carry out the activities of the Advanced Research Projects 
     Agency-Education established under section 221 of the 
     Department of Education Organization Act, as added by part C 
     of title X of the Every Child Achieves Act of 2015.
       ``(b) National Activities.--From the funds reserved under 
     section 4103(a)(1) and not further reserved in accordance 
     with subsection (a), the Secretary may carry out national 
     activities directly or through grants, contracts, or 
     agreements with public or private entities or individuals, or 
     other Federal agencies, such as providing technical 
     assistance to States and local educational agencies carrying 
     out activities under this part or conducting a national 
     evaluation.''.

       At the end of title X, add the following:

          PART C--ADVANCED RESEARCH PROJECTS AGENCY-EDUCATION

     SEC. 10301. ADVANCED RESEARCH PROJECTS AGENCY-EDUCATION.

       The Department of Education Organization Act (20 U.S.C. 
     3401 et seq.) is amended by inserting after section 220 the 
     following new section:

     ``SEC. 221. ADVANCED RESEARCH PROJECTS AGENCY-EDUCATION.

       ``(a) Establishment.--There shall be in the Department an 
     Advanced Research Projects Agency-Education (referred to in 
     this section as `ARPA-ED').
       ``(b) Purposes.--ARPA-ED is established under this section 
     for the purposes of pursuing breakthrough research and 
     development in educational technology and providing the 
     effective use of the technology to improve achievement for 
     all students, by--
       ``(1) identifying and promoting revolutionary advances in 
     fundamental and applied sciences and engineering that could 
     be translated into new learning technologies;
       ``(2) developing novel learning technologies, and the 
     enabling processes and contexts for effective use of those 
     technologies;
       ``(3) developing, testing, and evaluating the impact and 
     efficacy of those technologies;
       ``(4) accelerating transformational technological advances 
     in areas in which the private sector, by itself, is not 
     likely to accelerate such advances because of difficulties in 
     implementation or adoption, or technical and market 
     uncertainty;
       ``(5) coordinating activities with nongovernmental entities 
     to demonstrate technologies and research applications to 
     facilitate technology transfer; and
       ``(6) encouraging educational research using new 
     technologies and the data produced by the technologies.
       ``(c) Authorities of Secretary.--The Secretary is 
     authorized to--
       ``(1) appoint a Director, who shall be responsible for 
     carrying out the purposes of ARPA-ED, as described in 
     subsection (b), and such additional functions as the 
     Secretary may prescribe;
       ``(2) establish processes for the development and execution 
     of projects and the solicitation of entities to carry out the 
     projects in a manner that is--
       ``(A) tailored to the purposes of ARPA-ED and not 
     constrained by other Department-wide administrative 
     requirements that could detract from achieving program 
     results; and
       ``(B) designed to heighten transparency, and public- and 
     private-sector involvement, to ensure that investments are 
     made in the most promising areas;
       ``(3) award grants, contracts, cooperative agreements, and 
     cash prizes, and enter into other transactions (in accordance 
     with such regulations as the Secretary may establish 
     regarding other transactions);
       ``(4) make appointments of up to 20 scientific, 
     engineering, professional, and other mission-related 
     employees, for periods of up to 4 years (which appointments 
     may not be renewed) without regard to the provisions of title 
     5, United States Code, governing appointments in the 
     competitive service;
       ``(5)(A) prescribe the rates of basic pay for the personnel 
     described in paragraph (4) at rates not in excess of the 
     maximum rate of basic pay authorized for senior-level 
     positions under section 5376 of title 5, United States Code, 
     notwithstanding any provision of that title governing the 
     rates of basic pay or classification of employees in the 
     executive branch, but those personnel shall not receive any 
     payment for service (such as an award, premium payment, 
     incentive payment or bonus, allowance, or other similar 
     payment) under any other provision of that title; and
       ``(B) pay any employee appointed pursuant to paragraph (4) 
     payments in addition to that basic pay, except that the total 
     amount of those payments for any calendar year shall not 
     exceed the lesser of--
       ``(i) $25,000; or
       ``(ii) the difference between the employee's annual rate of 
     basic pay under paragraph (4) and the annual rate for level I 
     of the Executive Schedule under section 5312 of title 5, 
     United States Code, based on the rates in effect at the end 
     of the applicable calendar year (or, if the employee 
     separated during that year, on the date of separation);
       ``(6) obtain independent, periodic, rigorous evaluations, 
     as appropriate, of--
       ``(A) the effectiveness of the processes ARPA-ED is using 
     to achieve its purposes; and
       ``(B) the effectiveness of individual projects assisted by 
     ARPA-ED, using evidence standards developed in consultation 
     with the Institute of Education Sciences, and the suitability 
     of ongoing projects assisted by ARPA-ED for further 
     investment or increased scale; and
       ``(7) disseminate, through the comprehensive centers 
     established under section 203 of the Educational Technical 
     Assistance Act of 2002 (20 U.S.C. 9602), the regional 
     educational laboratories system established under section 174 
     of the Education Sciences Reform Act of 2002 (20 U.S.C. 
     9564), or such other means as the Secretary determines to be 
     appropriate, information on effective practices and 
     technologies developed with ARPA-ED support.
       ``(d) Evaluation Funds.--The Secretary may use funds made 
     available for ARPA-ED to pay the cost of the evaluations 
     under subsection (c)(6).
       ``(e) Federal Advisory Committee Act.--Notwithstanding any 
     other provision of law, any advisory committee convened by 
     the Secretary to provide advice with respect to this section 
     shall be exempt from the requirements of the Federal Advisory 
     Committee Act (5 U.S.C. App.) and the definition of 
     `employee' in section 2105 of title 5, United States Code, 
     shall not be considered to include any appointee to such a 
     committee.
       ``(f) Nonduplication.--To the maximum extent practicable, 
     the Secretary shall ensure that grants, contracts, 
     cooperative agreements, cash prizes, or other assistance or 
     arrangements awarded or entered into pursuant to this section 
     that are designed to carry out the purposes of ARPA-ED do not 
     duplicate activities under programs carried out under Federal 
     law other than this section by the Department or other 
     Federal agencies.''.
                                 ______
                                 
  SA 2114. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

               PART C--PROVIDING PROGRAMS THROUGH SCHOOLS

     SEC. 10301. PROVIDING PROGRAMS THROUGH SCHOOLS.

       (a) Purpose.--The purpose of this section is to provide 
     flexibility to allow services related to health, education, 
     workforce training, and other social issues affecting the 
     well-being of children and their families to be co-located in 
     public elementary and secondary schools, if the school so 
     chooses.
       (b) Definitions.--In this section:
       (1) Applicable secretary.--The term ``applicable 
     Secretary'' means the Secretary of Health and Human Services, 
     the Secretary of Labor, the Secretary of Education, or 
     another head of an agency, as the case may be, who has 
     administrative responsibility over a program, activity, or 
     service authorized under a covered HELP program.
       (2) Covered help program.--The term ``covered HELP 
     program'' means the following:
       (A) A program, activity, or service authorized under--
       (i) the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 
     670 note);
       (ii) the Act of August 16, 1937 (commonly known as the 
     ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 
     29 U.S.C. 50 et seq.);
       (iii) the Assistive Technology Act of 1998 (29 U.S.C. 3001 
     et seq.);
       (iv) the Carl D. Perkins Career and Technical Education Act 
     of 2006 (20 U.S.C. 2301 et seq.);

[[Page S4800]]

       (v) the Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5101 et seq.);
       (vi) the Child Care and Development Block Grant Act of 1990 
     (42 U.S.C. 9858);
       (vii) the Children's Health Act of 2000 (Public Law 106-
     310; 114 Stat. 1101);
       (viii) the Christopher and Dana Reeve Paralysis Act (42 
     U.S.C. 284o et seq.);
       (ix) the Community Services Block Grant Act (42 U.S.C. 9901 
     et seq.);
       (x) the Developmental Disabilities Assistance and Bill of 
     Rights Act of 2000 (42 U.S.C. 15001 et seq.);
       (xi) the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
     4950 et seq.);
       (xii) the Education Sciences Reform Act of 2002 (20 U.S.C. 
     9501 et seq.);
       (xiii) the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6301 et seq.);
       (xiv) the Higher Education Act of 1965 (20 U.S.C. 1001 et 
     seq.);
       (xv) the Head Start Act (42 U.S.C. 9831 et seq.);
       (xvi) the Individuals with Disabilities Education Act (20 
     U.S.C. 1400 et seq.);
       (xvii) the Low Income Home Energy Assistance Act of 1981 
     (42 U.S.C. 8261 et seq.);
       (xviii) the National and Community Service Act of 1990 (42 
     U.S.C. 12501 et seq.);
       (xix) the Older Americans Act of 1965 (42 U.S.C. 3001 et 
     seq.);
       (xx) the Public Health Service Act (42 U.S.C. 201 et seq.);
       (xxi) the Runaway and Homeless Youth Act (42 U.S.C. 5701 et 
     seq.);
       (xxii) the Rehabilitation Act of 1973 (29 U.S.C. 701 et 
     seq.);
       (xxiii) section 212 of the Second Chance Act (Public Law 
     110-199);
       (xxiv) the Special Olympics Sport and Empowerment Act of 
     2004 (42 U.S.C. 15001 note);
       (xxv) section 1404A of the Victims of Crime Act of 1984 (42 
     U.S.C. 10603a);
       (xxvi) the Wagner-Peyser Act (29 U.S.C. 49 et seq.); and
       (xxvii) the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3101); or
       (B) a program, activity, or service designated by an 
     applicable Secretary under subsection (d).
       (3) Esea definitions.--The terms ``elementary school'', 
     ``local educational agency'', and ``secondary school'' have 
     the meanings given the terms in section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (c) Offering Programs in Schools.--An applicable Secretary 
     who has administrative responsibility under Federal law for 
     any covered HELP program shall allow funds for the covered 
     HELP program to be used to provide the authorized program, 
     activities, or services at a public elementary school or 
     secondary school, notwithstanding any provision of the law 
     authorizing the covered HELP program or any other provision 
     of law, if--
       (1) the Secretary determines that such use--
       (A) furthers the purpose of the covered HELP program;
       (B) serves the population designated to be served by the 
     covered HELP program, as determined by the Secretary; and
       (C) is beneficial to the children served by the school and 
     the families of such students; and
       (2) the school at which the program, activities, or 
     services will be offered--
       (A) believes that the program is beneficial to the children 
     served by the school and the families of such students and 
     would not endanger the safety of the students; and
       (B) provides the Secretary with an assurance demonstrating 
     that the requirement of subparagraph (A) is met and that the 
     school has consulted with the local educational agency 
     serving the school regarding the provision of the program, 
     activities, or services.
       (d) Use in Other Programs.--An applicable Secretary may 
     designate a program under such Secretary's authority to be 
     included as a covered HELP program if--
       (1) the applicable Secretary--
       (A) determines that expanding the program, or the 
     activities or services offered through the program, to be 
     offered through schools would benefit the population to be 
     served by the program and be consistent with the purposes of 
     this Act; and
       (B) determines, in consultation with the Secretary of 
     Education, that providing such program, activities, or 
     services at a public elementary school or secondary school 
     would benefit the students attending the school and the 
     families of such students; and
       (2) the applicable Secretary notifies Congress of the 
     Secretary's determination not less than 60 days before the 
     applicable Secretary carries out subsection (b) with respect 
     to the program.
                                 ______
                                 
  SA 2115. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of part B of title X, insert the following:

     SEC. ____. COMPTROLLER GENERAL STUDY ON INCREASING 
                   EFFECTIVENESS OF EXISTING SERVICES AND PROGRAMS 
                   INTENDED TO BENEFIT CHILDREN.

       Not later than 2 years after the date of the enactment of 
     this Act, the Comptroller General shall provide to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Education and the Workforce of 
     the House of Representatives a report that includes--
       (1) a description and assessment of the existing federally 
     funded services and programs across all agencies that have a 
     purpose or are intended to benefit or serve children, 
     including--
       (A) the purposes, goals, and organizational and 
     administrative structure of such services and programs at the 
     Federal, State, and local level; and
       (B) methods of delivery and implementation; and
       (2) recommendations to increase the effectiveness, 
     coordination, and integration of such services and programs, 
     across agencies and levels of government, in order to 
     leverage existing resources and better and more 
     comprehensively serve children.
                                 ______
                                 
  SA 2116. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       After section 3005, insert the following:

     SEC. 3006. REPORT ON IDENTIFICATION OF ENGLISH LEARNERS IN 
                   EARLY CHILDHOOD.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Education, in collaboration with the 
     Secretary of Health and Human Services and the National 
     Academy of Sciences, shall provide a written report to the 
     authorizing committees containing information about--
       (1) how federally funded early childhood education programs 
     identify students as English learners; and
       (2) the extent to which the transition between early 
     childhood education and elementary school can be strengthened 
     for English learners, including recommendations for improving 
     the quality and delivery of early childhood education 
     programs in order to help early childhood English learners 
     achieve a level of English language proficiency such that 
     those children can be transitioned from English learner 
     programs and services.
                                 ______
                                 
  SA 2117. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 111, between lines 24 and 25, insert the following:
       ``(2) Testing transparency.--
       ``(A) In general.--Subject to subparagraph (B), each local 
     educational agency that receives funds under this part shall 
     make widely available through public means, including by 
     posting in a clear, concise, and easily accessible manner on 
     the local educational agency's website and, to the extent 
     practicable, on the website of each school served by the 
     local educational agency, for each grade served by the local 
     educational agency or school, information on each assessment 
     required by the State to comply with section 1111, other 
     assessments required by the State, and assessments required 
     districtwide by the local educational agency, including--
       ``(i) the subject matter assessed;
       ``(ii) the purpose for which the assessment is designed and 
     used;
       ``(iii) the source of the requirement for the assessment;
       ``(iv) the amount of time students will spend taking the 
     assessment, and the schedule and calendar for the assessment; 
     and
       ``(v) the time and format for disseminating results.
       ``(B) LEA that does not operate a website.--In the case of 
     a local educational agency that does not operate a website, 
     such local educational agency shall determine how to make the 
     information described in subparagraph (A) widely available, 
     such as through distribution of that information to the 
     media, through public agencies, or directly to parents.
                                 ______
                                 
  SA 2118. Mr. KAINE (for himself, Mr. Portman, and Ms. Baldwin) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 56, strike lines 9 through 12 and insert the 
     following:
       ``(aa) student readiness to enter postsecondary education 
     or the workforce without the need for postsecondary 
     remediation, which may include--
       ``(AA) measures that integrate preparation for 
     postsecondary education and the workforce, including 
     performance in coursework sequences that integrate rigorous 
     academics, work-based learning, and career and technical 
     education;
       ``(BB) measures of a high-quality and accelerated academic 
     program as determined

[[Page S4801]]

     appropriate by the State, which may include the percentage of 
     students who participate in a State-approved career and 
     technical program of study as described in section 
     122(c)(1)(A) of the Carl D. Perkins Career and Technical 
     Education Act of 2006 and measures of technical skill 
     attainment and placement described in section 113(b) of such 
     Act and reported by the State in a manner consistent with 
     section 113(c) of such Act, or other substantially similar 
     measures;
       ``(CC) student performance on assessments aligned with the 
     expectations for first-year postsecondary education success;
       ``(DD) student performance on admissions tests for 
     postsecondary education;
       ``(EE) student performance on assessments of career 
     readiness and acquisition of industry-recognized credentials 
     that meet the quality criteria established by the State under 
     section 123(a) of the Workforce Innovation and Opportunity 
     Act (29 U.S. C. 3102);
       ``(FF) student enrollment rates in postsecondary education;
       ``(GG) measures of student remediation in postsecondary 
     education; and
       ``(HH) measures of student credit accumulation in 
     postsecondary education;
       On page 57, line 14, strike ``; and'' and insert ``, which 
     may include participation and performance in Advanced 
     Placement, International Baccalaureate, dual enrollment, and 
     early college high school programs; and''.
                                 ______
                                 
  SA 2119. Mr. GARDNER (for himself, Mr. Carper, Mr. Coons, and Mrs. 
Feinstein) submitted an amendment intended to be proposed to amendment 
SA 2089 submitted by Mr. Alexander (for himself and Mrs. Murray) to the 
bill S. 1177, to reauthorize the Elementary and Secondary Education Act 
of 1965 to ensure that every child achieves; which was ordered to lie 
on the table; as follows:

       On page 19, line 22, insert ``public charter school 
     representatives (if applicable),'' before ``specialized''.
       On page 95, line 12, insert ``public charter school 
     representatives (if applicable),'' after ``leaders,''.

                                 ______
                                 
  SA 2120. Ms. WARREN (for herself and Mr. Gardner) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 75, strike line 1 and all that follows through line 
     4 on page 76 and insert the following:
       ``(iii) Technical assistance.--Upon request by a State or 
     local educational agency, the Secretary shall provide 
     technical assistance to States and local educational agencies 
     in collecting, cross-tabulating, or disaggregating data in 
     order to meet the requirements of this paragraph.
       ``(C) Minimum requirements.--Each State report card 
     required under this subsection shall include the following 
     information:
       ``(i) A clear and concise description of the State's 
     accountability system under subsection (b)(3), including the 
     goals for all students and for each of the categories of 
     students, as defined in subsection (b)(3)(A), the indicators 
     used in the accountability system to evaluate school 
     performance described in subsection (b)(3)(B), and the 
     weights of the indicators used in the accountability system 
     to evaluate school performance.
       ``(ii) Information on student achievement on the academic 
     assessments described in subsection (b)(2) at each level of 
     achievement, as determined by the State under subsection 
     (b)(1), for all students and disaggregated and cross-
     tabulated in accordance with the following:

       ``(I) Such information shall be disaggregated by each 
     category of students described in subsection (b)(2)(B)(xi), 
     homeless status, and status as a child in foster care and, 
     within each category of students described in subsection 
     (b)(2)(B)(xi), cross-tabulated by--

       ``(aa) each major racial and ethnic group, gender, English 
     proficiency, and children with or without disabilities; and
       ``(bb) any other category of students that the State 
     chooses to include.

       ``(II) The disaggregation or cross-tabulation for a 
     category described in sub clause (I) shall not be required in 
     a case in which the number of students in the category is 
     insufficient to yield statistically reliable information or 
     the results of such disaggregation or cross-tabulation would 
     reveal personally identifiable information about an 
     individual student.

       ``(iii) For all students and disaggregated by each category 
     of students described in subsection (b)(2)(B)(xi), the 
     percentage of students assessed and not assessed.
       ``(iv)(I) For all students, and disaggregated and cross-
     tabulated in accordance with subclauses (II) and (III)--

       ``(aa) information on the performance on the other academic 
     indicator under subsection (b)(3)(B)(ii)(II)(aa) used by the 
     State in the State accountability system; and
       ``(bb) high school graduation rates, including 4-year 
     adjusted cohort graduation rates and, at the State's 
     discretion, extended-year adjusted cohort graduation rates.

       ``(II) The information described in sub clause (I) shall be 
     disaggregated by each of the categories of students, as 
     defined in subsection (b)(3)(A), and, within each such 
     disaggregation category, cross-tabulated by--

       ``(aa) each major racial and ethnic group, gender, English 
     proficiency, and children with or without disabilities; and
       ``(bb) any other category of students that the State 
     chooses to include.

       ``(III) The disaggregation or cross-tabulation for a 
     category described in sub clause (II) shall not be required 
     in a case in which the number of students in the category is 
     insufficient to yield statistically reliable information or 
     the results of such disaggregation or cross-tabulation would 
     reveal personally identifiable information about an 
     individual student.
       On page 89, between lines 5 and 6, insert the following:
       ``(5) Cross-tabulation provisions.--
       ``(A) Cross-tabulation data not used for accountability.--
     Nothing in this subsection shall be construed to require 
     groups of students obtained by cross-tabulating data under 
     this subsection to be considered categories of students under 
     subsection (b)(3)(A) for purposes of the State accountability 
     system under subsection (b)(3) or section 1114.
       ``(B) Cross-tabulated data implementation.--Information 
     obtained by cross-tabulating data under this subsection shall 
     be widely accessible to the public in accordance with 
     paragraph (1)(B)(i)(III) and, upon request, by any additional 
     public means that the State determines.
                                 ______
                                 
  SA 2121. Mr. HELLER (for himself and Mr. Manchin) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 800, between lines 17 and 18, insert the following:

     SEC. 9115A. CONSULTATION WITH THE GOVERNOR.

       Subpart 2 of part F of title IX (20 U.S. C. 7901 et se.), 
     as amended by sections 4001(3), 9114, and 9115, and 
     redesignated by section 9106(1), is further amended by adding 
     at the end the following:

     ``SEC. 9540. CONSULTATION WITH THE GOVERNOR.

       ``(a) In General.--A State educational agency shall consult 
     in a timely and meaningful manner with the Governor, or 
     appropriate officials from the Governor's office, in the 
     development of State plans under titles I and II and section 
     9302.
       ``(b) Timing.--The consultation described in subsection (a) 
     shall include meetings of officials from the State 
     educational agency and the Governor's office and shall 
     occur--
       ``(1) during the development of such plan; and
       ``(2) prior to submission of the plan to the Secretary.
       ``(c) Joint Signature Authority.--A Governor shall have 30 
     days prior to the State educational agency submitting the 
     State plan under title I or II or section 9302 to the 
     Secretary to sign such plan. If the Governor has not signed 
     the plan within 30 days of delivery by the State educational 
     agency to the Governor, the State educational agency shall 
     submit the plan to the Secretary without such signature.''.

                          ____________________