[Congressional Record Volume 161, Number 104 (Tuesday, July 7, 2015)]
[Senate]
[Pages S4694-S4777]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.
______