[Congressional Record Volume 161, Number 109 (Tuesday, July 14, 2015)]
[Senate]
[Pages S5064-S5087]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2229. Mr. BLUMENTHAL (for himself, Mr. Murphy, and Ms. Cantwell) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 281, between lines 9 and 10, insert the following:

       ``(IV) programs that supplement, not supplant, training for 
     teachers, principals, other school leaders, or specialized 
     instructional support personnel in practices that have 
     demonstrated effectiveness in improving student achievement, 
     attainment, behavior, and school climate through addressing 
     the social and emotional development needs of students, such 
     as through social and emotional learning programming.

       On page 302, between lines 17 and 18, insert the following:
       ``(vi) address the social and emotional development needs 
     of students to improve student achievement, attainment, 
     behavior, and school climate such as through social and 
     emotional learning programming;
                                 ______
                                 
  SA 2230. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5011. CLIMATE CHANGE EDUCATION.

       (a) Short Title.--This section may be cited as the 
     ``Climate Change Education Act''.
       (b) Findings.--Congress finds that--
       (1) carbon pollution is accumulating in the atmosphere, 
     causing global temperatures to rise at a rate that poses a 
     significant threat to the economy and security of the United 
     States, to public health and welfare, and to the global 
     environment;
       (2) climate change is already impacting the United States 
     with sea level rise, ocean acidification, and more frequent 
     or intense extreme weather events such as heat waves, heavy 
     rainfalls, droughts, floods, and wildfires;
       (3) the scientific evidence for human-induced climate 
     change is overwhelming and undeniable as demonstrated by 
     statements from the National Academy of Sciences, the 
     National Climate Assessment, and numerous other science 
     professional organizations in the United States;
       (4) the United States has a responsibility to children and 
     future generations of the United States to address the 
     harmful effects of climate change;
       (5) providing clear information about climate change, in a 
     variety of forms, can encourage individuals and communities 
     to take action;
       (6) the actions of a single nation cannot solve the climate 
     crisis, so solutions that address both mitigation and 
     adaptation must involve developed and developing nations 
     around the world;
       (7) investing in the development of innovative clean energy 
     and energy efficiency technologies will--
       (A) enhance the global leadership and competitiveness of 
     the United States; and
       (B) create and sustain short and long term job growth;
       (8) implementation of measures that promote energy 
     efficiency, conservation, renewable energy, and low-carbon 
     fossil energy will greatly reduce human impact on the 
     environment; and

[[Page S5065]]

       (9) education about climate change is important to ensure 
     the future generation of leaders is well-informed about the 
     challenges facing our planet in order to make decisions based 
     on science and fact.
       (c) Amendment to ESEA.--Title V of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7201 et seq.), as 
     amended by section 5010, is further amended by adding at the 
     end the following:

                   ``PART J--CLIMATE CHANGE EDUCATION

     ``SEC. 5911. CLIMATE CHANGE EDUCATION PROGRAM.

       ``(a) Purpose.--The purpose of this section is to--
       ``(1) broaden the understanding of human induced climate 
     change, possible long and short-term consequences, and 
     potential solutions;
       ``(2) provide learning opportunities in climate science 
     education for all students through grade 12, including those 
     of diverse cultural and linguistic backgrounds;
       ``(3) emphasize actionable information to help students 
     understand how to utilize new technologies and programs 
     related to energy conservation, clean energy, and carbon 
     pollution reduction; and
       ``(4) inform the public of impacts to human health and 
     safety as a result of climate change.
       ``(b) Grants Authorized.--The Secretary, in consultation 
     with the National Oceanic and Atmospheric Administration, the 
     Environmental Protection Agency, and the Department of 
     Energy, shall establish a competitive grant program to 
     provide grants to States to--
       ``(1) develop or improve climate science curriculum and 
     supplementary educational materials for grades kindergarten 
     through grade 12;
       ``(2) initiate, develop, expand, or implement statewide 
     plans and programs for climate change education, including 
     relevant teacher training and professional development and 
     multidisciplinary studies to ensure that students graduate 
     from high school climate literate; or
       ``(3) create State green school building standards or 
     policies.
       ``(c) Application.--A State desiring to receive a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require.
       ``(d) Report to Congress.--Not later than 1 year after the 
     date of enactment of this section, and annually thereafter, 
     the Secretary shall transmit to Congress a report that 
     evaluates the scientific merits, educational effectiveness, 
     and broader impacts of activities under this section.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary.''.
                                 ______
                                 
  SA 2231. Mr. BOOZMAN (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 284, strike lines 4 through 8 and insert the 
     following:
       (xix) Supporting the efforts and professional development 
     of teachers, principals, and other school leaders to 
     integrate academic and career and technical education content 
     into instructional practices, which may include--

       (I) integrating career and technical education with 
     advanced coursework, such as by allowing the acquisition of 
     postsecondary credits, recognized postsecondary credentials, 
     and industry-based credentials, by students while in high 
     school; or
       (II) coordinating activities with employers and entities 
     carrying out initiatives under other workforce development 
     programs to identify State and regional workforce needs, such 
     as through the development of State and local plans under 
     title I of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3111 et seq);

       On page 306, strike lines 18 through 23 and insert the 
     following:
       (U) providing high-quality professional development for 
     teachers, principals, and other school leaders on effective 
     strategies to integrate rigorous academic content, career and 
     technical education, and work-based learning, if appropriate, 
     which may include providing common planning time, to help 
     prepare students for postsecondary education and the 
     workforce without the need for remediation; and
                                 ______
                                 
  SA 2232. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 431, between lines 19 and 20, insert the following:
       ``(e) Project SERV.--
       ``(1) Additional use of funds.--Funds available under 
     subsection (a)(4) for extended services grants under the 
     Project School Emergency Response to Violence program 
     (referred to in this subsection as the `Project SERV 
     program') may be used by a local educational agency or 
     institution of higher education receiving such grant to 
     initiate or strengthen violence prevention activities, as 
     part of the activities designed to restore the learning 
     environment that was disrupted by the violent or traumatic 
     crisis in response to which the grant was awarded, and as 
     provided in this subsection.
       ``(2) Application process.--
       ``(A) In general.--A local educational agency or 
     institution of higher education desiring to use a portion of 
     extended services grant funds under the Project SERV program 
     to initiate or strengthen a violence prevention activity 
     shall--
       ``(i) submit, in an application that meets all requirements 
     of the Secretary for the Project SERV program, the 
     information described in subparagraph (B); or
       ``(ii) in the case of a local educational agency or 
     institution of higher education that has already received an 
     extended services grant under the Project SERV program, 
     submit an addition to the original application that includes 
     the information described in subparagraph (B).
       ``(B) Application requirements.--The information required 
     under this subparagraph is the following:
       ``(i) A demonstration that there is a continued disruption 
     or a substantial risk of disruption to the learning 
     environment that would be addressed by such activity.
       ``(ii) An explanation of the proposed activity designed to 
     restore and preserve the learning environment.
       ``(iii) A budget and budget narrative for the proposed 
     activity.
       ``(3) Award basis.--Any award of funds under the Project 
     SERV program for violence prevention activities under this 
     subsection shall be subject to the discretion of the 
     Secretary and the availability of funds.
       ``(4) Prohibited use.--No funds provided to a local 
     educational agency or institution of higher education under 
     the Project SERV program for violence prevention activities 
     may be used for construction, renovation, or repair of a 
     facility or for the permanent infrastructure of the local 
     educational agency or institution.
                                 ______
                                 
  SA 2233. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 630, between lines 4 and 5, insert the following:

     SEC. 5011. WORLD LANGUAGE ADVANCEMENT GRANT PROGRAM.

       Title V (20 U.S.C. 7201 et seq.), as amended by section 
     5001, is further amended by inserting after part I, as added 
     by section 5010, the following:

                ``PART J--WORLD LANGUAGE ADVANCEMENT ACT

     ``SEC. 5910. SHORT TITLE.

       ``This part may be cited as the `World Language Advancement 
     Act of 2015'.

     ``SEC. 5911. PROGRAM AUTHORIZED.

       ``(a) Program Authority.--
       ``(1) In general.--The Secretary is authorized to make 
     grants, on a competitive basis, to State educational agencies 
     and local educational agencies to pay the Federal share of 
     the cost of innovative model programs providing for the 
     establishment, improvement, or expansion of foreign language 
     study for elementary school and secondary school students.
       ``(2) Duration.--Each grant under paragraph (1) shall be 
     awarded for a period of 3 years.
       ``(b) Requirements.--In awarding a grant under subsection 
     (a) to a State educational agency or local educational 
     agency, the Secretary shall support programs that--
       ``(1) show the promise of being continued beyond the grant 
     period;
       ``(2) demonstrate approaches that can be disseminated and 
     duplicated in other States or local educational agencies; and
       ``(3) may include a professional development component.
       ``(c) Federal Share.--
       ``(1) In general.--The Federal share for each fiscal year 
     shall be 50 percent.
       ``(2) Waiver.--The Secretary may waive all or part of the 
     matching requirement described in paragraph (1) for any 
     fiscal year for a State educational agency or local 
     educational agency if the Secretary determines that applying 
     the matching requirement would result in serious hardship or 
     an inability to carry out the activities described in this 
     part.
       ``(d) Special Rule.--Not less than 75 percent of the funds 
     made available to carry out this part shall be used for the 
     expansion of foreign language learning in the elementary 
     grades.
       ``(e) Reservation.--The Secretary may reserve not more than 
     5 percent of funds made available to carry out this part for 
     a fiscal year to evaluate the efficacy of programs assisted 
     under this part.

     ``SEC. 5912. APPLICATIONS.

       ``(a) In General.--Any State educational agency or local 
     educational agency desiring a grant under this part shall 
     submit an application to the Secretary at such time, in

[[Page S5066]]

     such manner, and containing such information and assurances 
     as the Secretary may require.
       ``(b) Special Consideration.--The Secretary shall give 
     special consideration to applications describing programs 
     that--
       ``(1) include intensive summer foreign language programs 
     for professional development of foreign language teachers;
       ``(2) link non-native English speakers in the community 
     with the schools in order to promote two-way language 
     learning;
       ``(3) promote the sequential study of a foreign language 
     for students, beginning in elementary schools;
       ``(4) make effective use of technology, such as computer-
     assisted instruction, language laboratories, or distance 
     learning, to promote foreign language study; and
       ``(5) promote innovative activities, such as foreign 
     language immersion, partial foreign language immersion, or 
     content-based instruction.

     ``SEC. 5913. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary.''.
                                 ______
                                 
  SA 2234. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       After section 9115, insert the following:

     SEC. 9116. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND FROM 
                   SCHOOL.

       Subpart 2 of part F of title IX (20 U.S.C. 7901 et seq.), 
     as amended by sections, 9114 and 9115, and redesignated by 
     section 9601, is further amended by adding at the end the 
     following:

     ``SEC. 9539A. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND 
                   FROM SCHOOL.

       ``(a) In General.--Subject to subsection (b), nothing in 
     this Act shall authorize the Secretary to, or shall be 
     construed to--
       ``(1) prohibit a child from traveling to and from school on 
     foot or by car, bus, or bike when the parents of the child 
     have given permission; or
       ``(2) expose parents to civil or criminal charges for 
     allowing their child to responsibly and safely travel to and 
     from school by a means the parents believe is age 
     appropriate.
       ``(b) No Preemption of State or Local Laws.--
     Notwithstanding subsection (a), nothing in this section shall 
     be construed to preempt State or local laws.''.
                                 ______
                                 
  SA 2235. Ms. HEITKAMP submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 669, strike lines 3 and 4, and insert the 
     following:
       ``(7) activities designed to educate individuals and 
     improve school climate and safety, such as training for 
     school personnel related to conflict prevention and 
     resolution practices, including--
       ``(A) suicide prevention;
       ``(B) substance abuse prevention;
       ``(C) effective and trauma-informed practices in classroom 
     management;
       ``(D) crisis management techniques;
       ``(E) human trafficking (defined 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
       ``(F) school-based violence prevention strategies;
                                 ______
                                 
  SA 2236. Ms. WARREN (for herself, Mr. Booker, Mr. Durbin, Ms. 
Baldwin, Mr. Brown, Ms. Hirono, Mr. Markey, Mr. Heinrich, Mr. Sanders, 
Mr. Wyden, Mr. Casey, Mr. Franken, and Mr. Coons) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 146, line 12, strike the semicolon and insert the 
     following: ``, which method shall identify a public high 
     school as in need of intervention and support if the high 
     school--
       (i) has a 4-year adjusted cohort graduation rate at or 
     below 67 percent for 2 or more consecutive years; or
       (ii) has an extended-year adjusted cohort graduation rate 
     at or below 67 percent (or a higher percentage determined by 
     the State);
                                 ______
                                 
  SA 2237. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 840, after line 5, add the following:

                 PART C--MISCELLANEOUS REAUTHORIZATIONS

     SEC. 10301. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY 
                   SELF-DETERMINATION PROGRAM.

       (a) Definition of Full Funding Amount.--Section 3(11) of 
     the Secure Rural Schools and Community Self-Determination Act 
     of 2000 (16 U.S.C. 7102(11)) is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C)--
       (A) by striking ``fiscal year 2012 and each fiscal year 
     thereafter'' and inserting ``each of fiscal years 2012 and 
     2013''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(D) for fiscal year 2014 and each fiscal year thereafter, 
     the amount that is equal to the full funding amount for 
     fiscal year 2011.''.
       (b) Secure Payments for States and Counties Containing 
     Federal Land.--
       (1) Availability of payments.--Section 101 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7111) is amended by striking ``2013'' each place 
     it appears and inserting ``2016''.
       (2) Elections.--Section 102(b) of the Secure Rural Schools 
     and Community Self-Determination Act of 2000 (16 U.S.C. 
     7112(b)) is amended--
       (A) in paragraph (1)(A), by striking ``by August 1, 2013 
     (or as soon thereafter as the Secretary concerned determines 
     is practicable), and August 1 of each second fiscal year 
     thereafter'' and inserting ``by August 1 of each applicable 
     fiscal year (or as soon thereafter as the Secretary concerned 
     determines is practicable)''; and
       (B) in paragraph (2)(B)--
       (i) by striking ``in 2013'' and inserting ``in 2014''; and
       (ii) by striking ``fiscal year 2013'' and inserting 
     ``fiscal year 2016''.
       (3) Election as to use of balance.--Section 102(d)(1) of 
     the Secure Rural Schools and Community Self-Determination Act 
     of 2000 (16 U.S.C. 7112(d)(1)) is amended--
       (A) in subparagraph (B)(ii), by striking ``not more than 7 
     percent of the total share for the eligible county of the 
     State payment or the county payment'' and inserting ``any 
     portion of the balance''; and
       (B) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Counties with major distributions.--In the case of 
     each eligible county to which $350,000 or more is distributed 
     for any fiscal year pursuant to paragraph (1)(B) or (2)(B) of 
     subsection (a), the eligible county shall elect to do 1 or 
     more of the following with the balance of any funds not 
     expended pursuant to subparagraph (A):
       ``(i) Reserve any portion of the balance for projects in 
     accordance with title II.
       ``(ii) Reserve not more than 7 percent of the total share 
     for the eligible county of the State payment or the county 
     payment for projects in accordance with title III.
       ``(iii) Return the portion of the balance not reserved 
     under clauses (i) and (ii) to the Treasury of the United 
     States.''.
       (4) Notification of election.--Section 102(d)(3)(A) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7112(d)(3)(A)) is amended by striking 
     ``2012,'' and inserting ``2014 (or as soon thereafter as the 
     Secretary concerned determines is practicable)''.
       (5) Failure to elect.--Section 102(d)(3)(B)(ii) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7112(d)(3)(B)(ii)) is amended by striking 
     ``purpose described in section 202(b)'' and inserting 
     ``purposes described in section 202(b), 203(c), or 
     204(a)(5)''.
       (6) Distribution of payments to eligible counties.--Section 
     103(d)(2) of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended 
     by striking ``2013'' and inserting ``2016''.
       (c) Continuation of Authority To Conduct Special Projects 
     on Federal Land.--
       (1) Submission of project proposals.--Section 203(a)(1) of 
     the Secure Rural Schools and Community Self-Determination Act 
     of 2000 (16 U.S.C. 7123(a)(1)) is amended by striking 
     ``September 30 for fiscal year 2008 (or as soon thereafter as 
     the Secretary concerned determines is practicable), and each 
     September 30 thereafter for each succeeding fiscal year 
     through fiscal year 2013'' and inserting ``September 30 of 
     each applicable fiscal year (or as soon thereafter as the 
     Secretary concerned determines is practicable)''.
       (2) Evaluation and approval of projects by secretary 
     concerned.--Section 204(e) of the Secure Rural Schools and 
     Community Self-Determination Act of 2000 (16 U.S.C. 7124(e)) 
     is amended by striking paragraph (3).
       (3) Resource advisory committees.--Section 205(a)(4) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012'' 
     each place it appears and inserting ``2015''.
       (4) Availability of project funds.--Section 207(a) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7127(a)) is amended by striking ``September 
     30, 2008 (or as soon thereafter as the Secretary concerned 
     determines is practicable), and each September 30 thereafter 
     for each succeeding fiscal year through fiscal year 2013'' 
     and inserting ``September 30 of

[[Page S5067]]

     each applicable fiscal year (or as soon thereafter as the 
     Secretary concerned determines is practicable)''.
       (5) Termination of authority.--Section 208 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7128) is amended--
       (A) in subsection (a), by striking ``2013'' and inserting 
     ``2016 (or as soon thereafter as the Secretary concerned 
     determines is practicable)''; and
       (B) in subsection (b), by striking ``2014'' and inserting 
     ``2017''.
       (d) Continuation of Authority to Reserve and Use County 
     Funds.--Section 304 of the Secure Rural Schools and Community 
     Self-Determination Act of 2000 (16 U.S.C. 7144) is amended--
       (1) in subsection (a), by striking ``2013'' and inserting 
     ``2016 (or as soon thereafter as the Secretary concerned 
     determines is practicable)''; and
       (2) in subsection (b), by striking ``September 30, 2014, 
     shall be returned to the Treasury of the United States'' and 
     inserting ``September 30, 2017, may be retained by the 
     counties for the purposes identified in section 302(a)(2)''.
       (e) Authorization of Appropriations.--Section 402 of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7152) is amended by striking ``2013'' and 
     inserting ``2016''.
       (f) Availability of Funds.--
       (1) Title ii funds.--Any funds that were not obligated as 
     required by section 208 of the Secure Rural Schools and 
     Community Self-Determination Act of 2000 (16 U.S.C. 7128) (as 
     in effect on the day before the date of enactment of this 
     Act) shall be available for use in accordance with title II 
     of that Act (16 U.S.C. 7121 et seq.).
       (2) Title iii funds.--Any funds that were not obligated as 
     required by section 304 of the Secure Rural Schools and 
     Community Self-Determination Act of 2000 (16 U.S.C. 7144) (as 
     in effect on the day before the date of enactment of this 
     Act) shall be available for use in accordance with title III 
     of that Act (16 U.S.C. 7141 et seq.).

     SEC. 10302. RESTORING MANDATORY FUNDING STATUS TO THE PAYMENT 
                   IN LIEU OF TAXES PROGRAM.

       Section 6906 of title 31, United States Code, is amended in 
     the matter preceding paragraph (1), by striking ``of fiscal 
     years 2008 through 2014'' and inserting ``fiscal year''.
                                 ______
                                 
  SA 2238. Ms. WARREN submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 128, line 7, insert ``the school receives a waiver 
     from the State educational agency and'' after ``if''.
                                 ______
                                 
  SA 2239. Ms. WARREN submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       Beginning on page 53, strike line 6 and all that follows 
     through line 3 on page 54 and insert the following:
       ``(i)(I) Annually establishes State-designed ambitious but 
     achievable goals for all students and separately for each of 
     the categories of students in the State. Such goals shall 
     expect accelerated academic gains from the categories of 
     students who are the farthest away from reaching the State-
     determined multi-year goals as described in subclause (II) 
     and the graduation rate goals as described in subclause (III) 
     and shall include, at a minimum--

       ``(aa) academic achievement, which may include student 
     growth, on the State assessments under paragraph (2); and
       ``(bb) 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) Sets multi-year goals that are consistent with the 
     challenging State academic standards under subsection 
     (b)(1)(A) to ensure that all students graduate prepared to 
     enter the workforce or postsecondary education without the 
     need for postsecondary remediation.
       ``(III) Sets a multi-year graduation rate goal of not less 
     than 90 percent.
                                 ______
                                 
  SA 2240. Mr. SCHATZ (for himself, Ms. Murkowski, and Mr. Daines) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 1020__. REPORT ON NATIVE AMERICAN LANGUAGE MEDIUM 
                   EDUCATION.

       (a) Purpose.--The purpose of this section is to authorize a 
     study to evaluate all levels of education being provided 
     primarily through the medium of Native languages and to 
     require a report of the findings, within the context of the 
     findings, purposes, and provisions of the Native American 
     Languages Act (25 U.S.C. 2901), the findings, purposes, and 
     provisions of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.), and other related laws.
       (b) Study and Review.--The Secretary of Education shall 
     award grants to eligible entities to study and review Native 
     language medium schools and programs.
       (c) Eligible Entity Defined.--In this section, the term 
     ``eligible entity'' means a consortium that--
       (1) includes not less than 3 units of an institution of 
     higher education, such as a department, center, or college, 
     that has significant experience--
       (A) and expertise in Native American or Alaska Native 
     languages, and Native language medium education; and
       (B) in outreach and collaboration with Native communities;
       (2) has within its membership at least 10 years of 
     experience--
       (A) addressing a range of Native American or Alaska Native 
     languages and indigenous language medium education issues 
     through the lens of Native studies, linguistics, and 
     education; and
       (B) working in close association with a variety of schools 
     and programs taught predominantly through the medium of a 
     Native language;
       (3) includes for each of American Indians, Alaska Natives, 
     and Native Hawaiians, at least 1 unit of an institution of 
     higher education that focuses on schools that serve such 
     populations; and
       (4) includes Native American scholars and staff who are 
     fluent in Native American languages.
       (d) Applications.--An eligible entity that desires to 
     receive a grant under this section shall submit an 
     application to the Secretary of Education that--
       (1) identifies 1 unit in the consortium that is the lead 
     unit of the consortium for the study, reporting, and funding 
     purposes;
       (2) includes letters of verification of participation from 
     the top internal administrators of each unit in the 
     consortium;
       (3) includes a brief description of how the consortium 
     meets the eligibility qualifications under subsection (c);
       (4) describes the work proposed to carry out the purpose of 
     this section; and
       (5) provides other information as requested by the 
     Secretary of Education.
       (e) Scope of Study.--An eligible entity that receives a 
     grant under this section shall use the grant funds to study 
     and review Native American language medium schools and 
     programs and evaluate the components, policies, and practices 
     of successful Native language medium schools and programs and 
     how the students who enroll in them do over the long term, 
     including--
       (1) the level of expertise in educational pedagogy, Native 
     language fluency, and experience of the principal, teachers, 
     paraprofessionals, and other educational staff;
       (2) how such schools and programs are using Native 
     languages to provide instruction in reading, language arts, 
     mathematics, science, and, as applicable, other core academic 
     subjects;
       (3) how such school and programs' curricula incorporates 
     the relevant Native culture of the students;
       (4) how such schools and programs assess the academic 
     proficiency of the students, including--
       (A) whether the school administers assessments of language 
     arts, mathematics, science, and other academic subjects in 
     the Native language of instruction;
       (B) whether the school administers assessments of language 
     arts, mathematics, science, and other academic subjects in 
     English; and
       (C) how the standards measured by the assessments in the 
     Native language of instruction and in English compare;
       (5) the academic, graduation rate, and other outcomes of 
     students who have completed the highest grade taught 
     primarily through such schools or programs, including, when 
     available, college attendance rates compared with 
     demographically similar students who did not attend a school 
     in which the language of instruction was a Native language; 
     and
       (6) other appropriate information consistent with the 
     purpose of this section.
       (f) Other Entities.--An eligible entity may enter into a 
     contract with another individual, entity, or organization to 
     assist in carrying out research necessary to fulfill the 
     purpose of this section.
       (g) Recommendations.--Not later than 18 months after the 
     date of enactment of this Act, an eligible entity that 
     receives a grant under this section shall--
       (1) develop a detailed statement of findings and 
     conclusions regarding the study completed under subsection 
     (e), including recommendations for such legislative and 
     administrative actions as the eligible entity considers to be 
     appropriate; and
       (2) submit a report setting forth the findings and 
     conclusions, including recommendations, described in 
     paragraph (1) to each of the following:
       (A) The Committee on Health, Education, Labor, and Pensions 
     of the Senate.
       (B) The Committee on Education and the Workforce of the 
     House of Representatives.
       (C) The Committee on Indian Affairs of the Senate.

[[Page S5068]]

       (D) The Subcommittee on Indian, Insular, and Alaska Native 
     Affairs of the House of Representatives.
       (E) The Secretary of Education.
       (F) The Secretary of the Interior.
                                 ______
                                 
  SA 2241. Mr. MURPHY (for himself, Mr. Booker, Mr. Coons, Ms. Warren, 
and Mr. Durbin) submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 26, strike lines 5 through 9.
       On page 27, line 11, strike ``goals, or metrics'' and 
     insert ``or goals''.
       On page 27, strike lines 13 through 17.
       Beginning on page 53, strike line 6 and all that follows 
     through page 58, line 25, and insert the following:
       ``(i) Establishes measurable State-designed goals for all 
     students and separately for 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, which shall be based on a 
     composite of the following indicators:

       ``(I) Academic achievement, which may include student 
     growth, on the State assessments under paragraph (2).
       ``(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.

       ``(III) For public elementary schools and secondary schools 
     that are not high schools, an academic indicator of student 
     performance that is valid and reliable and the same statewide 
     for all public elementary school students and all students at 
     such secondary schools and each category of students and 
     which is consistent with progress toward readiness for 
     postsecondary education or the workforce without the need for 
     postsecondary remediation, which may include--

       ``(aa) measures of early literacy skills;
       ``(bb) performance measures aligned to the State's 
     challenging academic standards;
       ``(cc) student project-based assessments or student 
     portfolios that meet assessment requirements under clauses 
     (i) through (v), (vii), (viii), and (x) through (xiii) of 
     paragraph (2)(B); or
       ``(dd) on-track rates to postsecondary education or the 
     workforce without the need for postsecondary remediation.

       ``(IV) English language proficiency of all English learners 
     towards meeting the goals described in subsection (c)(1)(K) 
     in all public schools and local educational agencies, which 
     may include measures of student growth.
       ``(V) Not less than one other valid and reliable indicator 
     of student readiness to enter postsecondary education or the 
     workforce without the need for remediation, that will be 
     applied to all local educational agencies and all public 
     schools consistently throughout the State for all students 
     and for each of the categories of students, which may include 
     measures of--

       ``(aa) successful completion of Advanced Placement, 
     International Baccalaureate, dual or concurrent enrollment, 
     or early college high school courses;
       ``(bb) student project-based assessments or student 
     portfolios that meet assessment requirements under clauses 
     (i) through (v), (vii), (viii), and (x) through (xiii) of 
     paragraph (2)(B);
       ``(cc) student attainment of industry-recognized 
     credentials for career and technical education; or
       ``(dd) performance measures aligned to the State's 
     challenging academic standards.

       ``(VI) 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 public schools 
     consistently throughout the State for all students and for 
     each of the categories of students, which may include 
     measures of--

       ``(aa) student engagement, such as attendance rates and 
     chronic absenteeism;
       ``(bb) educator engagement, such as educator satisfaction 
     (including working conditions within the school), teacher 
     quality and effectiveness, and teacher absenteeism;
       ``(cc) results from student, parent, and educator surveys;
       ``(dd) 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-based arrests, disciplinary transfers 
     (including placements in alternative schools), and student 
     detentions;
       ``(ee) student access to or success in advanced coursework 
     or educational programs or opportunities; and
       ``(ff) any other State-determined measure of school quality 
     or student success.

       ``(VII) In carrying out this clause and in developing the 
     composite goals for all students and for each category of 
     students, the indicators described in subclauses (I), (II), 
     (III), and (IV) shall weigh more heavily than the indicators 
     described in subclauses (V) and (VI) combined.

       ``(ii) Establishes a system of annually identifying and 
     meaningfully differentiating among all public schools in the 
     State, which shall--

       ``(I) be based on the goals described in clause (i) for all 
     students and separately for each of the categories of 
     students; and
       ``(II) differentiate schools where any category of students 
     miss the goals described in clause (i) for 2 consecutive 
     years.

       ``(iii) For public schools receiving assistance under this 
     part, meets the requirements of section 1114.
       ``(iv) Provides a clear and understandable explanation of 
     the method of identifying and meaningfully differentiating 
     schools under clause (ii).
       ``(v) 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.
       On page 61, line 13, strike ``(3)(B)(ii)(II)(aa)'' and 
     insert ``(3)(B)(i)(III)''.
       On page 61, line 14, strike ``paragraph (3)(B)(ii)(IV)'' 
     and insert ``subclause (V) or (VI) of paragraph (3)(B)(i)''.
       On page 61, lines 18 and 19, strike ``subclauses (III) and 
     (IV) of paragraph (3)(B)(ii)'' and insert ``subclauses (IV), 
     (V), and (VI) of paragraph (3)(B)(i)''.
       Beginning on page 61, strike line 22 and all that follows 
     through page 62, line 4.
       Beginning on page 62, strike line 23 and all that follows 
     through page 63, line 25 and insert the following:
       ``(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 and is the same for each 
     category of students;
       ``(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(a)(1)(A), 
     and, if such strategies are not effective within 3 years of 
     implementation, the steps the State will take to further 
     assist local educational agencies;
       Beginning on page 146, strike line 3 and all that follows 
     through page 156, line 2, and insert the following:
       ``(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) meaningfully differentiate among all public schools, 
     including public schools operated or supported by the Bureau 
     of Indian Education, 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)(ii) which--
       ``(i) may include establishing multiple levels of school 
     performance or other methods for differentiating among all 
     public schools; and
       ``(ii) shall include the identification of at least--

       ``(I) the lowest-performing public schools that receive 
     funds under this part in the State not meeting the goals 
     described in section 1111(b)(3)(B)(i), and which shall 
     include at least 5 percent of all the State's public schools 
     that receive funds under this part;
       ``(II) any public high school that receives funds under 
     this part and has a 4-year adjusted cohort graduation rate at 
     or below 67 percent for 2 or more consecutive years, or an 
     extended-year adjusted cohort graduation rate for 2 or more 
     consecutive years that is at or below a rate determined by 
     the State and set higher than 67 percent; and
       ``(III) any public school that receives funds under this 
     part with any category of students, as defined in section 
     1111(b)(3)(A), not meeting the goals described in section 
     1111(b)(3)(B)(i) for 2 consecutive years;

       ``(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 described under subparagraph (A)(ii); and
       ``(ii) on each school report card required under section 
     1111(d), whether the school was described under subparagraph 
     (A)(ii);
       ``(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) that addresses the reason for the 
     school's identification and that takes into account 
     performance on all of the indicators in the State's 
     accountability system under section 1111(b)(3)(B)(i);
       ``(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); and
       ``(E) monitor and evaluate the implementation of school 
     intervention and support

[[Page S5069]]

     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 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, or that its intervention 
     and support strategies were not effective within 3 years of 
     implementation, 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 policies, procedures, 
     personnel decisions, and budgetary decisions of the local 
     educational agency, 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--
       ``(i) technical assistance that will be provided to the 
     school;
       ``(ii) ensuring identified schools have access to 
     resources, such as adequate facilities, funding, and 
     technology;
       ``(iii) improved delivery of services to be provided by the 
     local educational agency;
       ``(iv) increased support for stronger curriculum, program 
     of instruction, wraparound services, or other resources 
     provided to students in the school;
       ``(v) any changes to personnel necessary to improve 
     educational opportunities for children in the school;
       ``(vi) redesigning how time for student learning or teacher 
     collaboration is used within the school;
       ``(vii) using data to inform instruction for continuous 
     improvement;
       ``(viii) providing increased coaching or support for 
     principals and other school leaders and teachers;
       ``(ix) improving school climate and safety;
       ``(x) providing ongoing mechanisms, such as evidence-based 
     community schools and wraparound services, for family and 
     community engagement to improve student learning;
       ``(xi) 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
       ``(xii) an ongoing process, involving parents, teachers and 
     their representatives, principals, and other school leaders, 
     to improve school leader and staff engagement in the 
     development and implementation of the comprehensive plan; 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 paragraph (1)(A);
       ``(ii) take into account performance on the indicators used 
     by the State as described in 1111(b)(3)(B)(i);
       ``(iii) 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
       ``(iv) distinguish between the schools identified in 
     subclauses (I) and (II) of subsection (a)(1)(A)(ii) and in 
     need of comprehensive supports and schools identified in 
     subsection (a)(1)(A)(ii)(III) in need of targeted supports.
       ``(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 subclauses (I) and (II) of 
     subsection (a)(1)(A)(ii) 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.
       On page 156, strike lines 13 through 15.
                                 ______
                                 
  SA 2242. Mr. CASEY (for himself, Mrs. Murray, Ms. Hirono, Mr. Durbin, 
Mr. Murphy, Mr. Heinrich, Ms. Baldwin, Mr. Udall, Mr. Schatz, Ms. 
Mikulski, Mr. Franken, Mr. Markey, Mr. Whitehouse, Mrs. Gillibrand, Mr. 
Wyden, Mr. Coons, Ms. Warren, Ms. Cantwell, Mrs. Shaheen, Mr. Schumer, 
Mr. Sanders, Mr. Booker, Mr. Tester, Mr. Reed, Ms. Klobuchar, and Mr. 
Merkley) submitted an amendment intended to be proposed to amendment SA 
2089 submitted by Mr. Alexander (for himself and Mrs. Murray) to the 
bill S. 1177, to reauthorize the Elementary and Secondary Education Act 
of 1965 to ensure that every child achieves; which was ordered to lie 
on the table; as follows:

       At the end of title X, add the following:

                   PART C--UNIVERSAL PREKINDERGARTEN

                   Subpart A--Prekindergarten Access

     SEC. 10300. SHORT TITLE.

       This part may be cited as the ``Strong Start for America's 
     Children Act of 2015''.

     SEC. 10301. PURPOSES.

       The purposes of this subpart are to--
       (1) establish a Federal-State partnership to provide access 
     to high-quality public prekindergarten programs for all 
     children from low-income and moderate-income families to 
     ensure that they enter kindergarten prepared for success;
       (2) broaden participation in such programs to include 
     children from additional middle-class families;
       (3) promote access to high-quality kindergarten, and high-
     quality early childhood education programs and settings for 
     children; and

[[Page S5070]]

       (4) increase access to appropriate supports so children 
     with disabilities and other children who need specialized 
     supports can fully participate in high-quality early 
     education programs.

     SEC. 10302. DEFINITIONS.

       In this subpart:
       (1) Child with a disability.--The term ``child with a 
     disability'' means--
       (A) a child with a disability, as defined in section 602 of 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1401); or
       (B) an infant or toddler with a disability, as defined in 
     section 632 of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1432).
       (2) Comprehensive early learning assessment system.--The 
     term ``comprehensive early learning assessment system''--
       (A) means a coordinated and comprehensive system of 
     multiple assessments, each of which is valid and reliable for 
     its specified purpose and for the population with which it 
     will be used, that--
       (i) organizes information about the process and context of 
     young children's learning and development to help early 
     childhood educators make informed instructional and 
     programmatic decisions; and
       (ii) conforms to the recommendations of the National 
     Research Council reports on early childhood; and
       (B) includes, at a minimum--
       (i) child screening measures to identify children who may 
     need follow-up services to address developmental, learning, 
     or health needs in, at a minimum, areas of physical health, 
     behavioral health, oral health, child development, vision, 
     and hearing;
       (ii) child formative assessments;
       (iii) measures of environmental quality; and
       (iv) measures of the quality of adult-child interactions.
       (3) Dual language learner.--The term ``dual language 
     learner'' means an individual who is limited English 
     proficient.
       (4) Early childhood education program.--The term ``early 
     childhood education program'' has the meaning given the term 
     under section 103 of the Higher Education Act of 1965 (20 
     U.S.C. 1003).
       (5) Elementary school.--The term ``elementary school'' has 
     the meaning given the term in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       (6) Eligibility determination date.--The term ``eligibility 
     determination date'' means the date used to determine 
     eligibility for public elementary school in the community in 
     which the eligible local entity involved is located.
       (7) Eligible local entity.--The term ``eligible local 
     entity'' means--
       (A) a local educational agency, including a charter school 
     or a charter management organization that acts as a local 
     educational agency, or an educational service agency in 
     partnership with a local educational agency;
       (B) an entity (including a Head Start program or licensed 
     child care setting) that carries out, administers, or 
     supports an early childhood education program; or
       (C) a consortium of entities described in subparagraph (A) 
     or (B).
       (8) Full-day.--The term ``full-day'' means a day that is--
       (A) equivalent to a full school day at the public 
     elementary schools in a State; and
       (B) not less than 5 hours a day.
       (9) Governor.--The term ``Governor'' means the chief 
     executive officer of a State.
       (10) High-quality prekindergarten program.--The term 
     ``high-quality prekindergarten program'' means a 
     prekindergarten program supported by an eligible local entity 
     that includes, at a minimum, the following elements based on 
     nationally recognized standards:
       (A) Serves children who--
       (i) are age 4 or children who are age 3 or 4, by the 
     eligibility determination date (including children who turn 
     age 5 while attending the program); or
       (ii) have attained the legal age for State-funded 
     prekindergarten.
       (B) Requires high qualifications for staff, including that 
     teachers meet the requirements of 1 of the following clauses:
       (i) The teacher has a bachelor's degree in early childhood 
     education or a related field with coursework that 
     demonstrates competence in early childhood education.
       (ii) The teacher--

       (I) has a bachelor's degree in any field;
       (II) has demonstrated knowledge of early childhood 
     education by passing a State-approved assessment in early 
     childhood education;
       (III) while employed as a teacher in the prekindergarten 
     program, is engaged in ongoing professional development in 
     early childhood education for not less than 2 years; and
       (IV) not more than 4 years after starting employment as a 
     teacher in the prekindergarten program, enrolls in and 
     completes a State-approved educator preparation program in 
     which the teacher receives training and support in early 
     childhood education.

       (iii) The teacher has bachelor's degree with a credential, 
     license, or endorsement that demonstrates competence in early 
     childhood education.
       (C) Maintains an evidence-based maximum class size.
       (D) Maintains an evidence-based child to instructional 
     staff ratio.
       (E) Offers a full-day program.
       (F) Provides developmentally appropriate learning 
     environments and evidence-based curricula that are aligned 
     with the State's early learning and development standards 
     described in section 10305(1).
       (G) Offers instructional staff salaries comparable to 
     kindergarten through grade 12 teaching staff.
       (H) Provides for ongoing monitoring and program evaluation 
     to ensure continuous improvement.
       (I) Offers accessible comprehensive services for children 
     that include, at a minimum--
       (i) screenings for vision, hearing, dental, health 
     (including mental health), and development (including early 
     literacy and math skill development) and referrals, and 
     assistance obtaining services, when appropriate;
       (ii) family engagement opportunities that take into account 
     home language, such as parent conferences (including parent 
     input about their child's development) and support services, 
     such as parent education, home visiting, and family literacy 
     services;
       (iii) nutrition services, including nutritious meals and 
     snack options aligned with requirements set by the most 
     recent Child and Adult Care Food Program guidelines 
     promulgated by the Department of Agriculture as well as 
     regular, age-appropriate, nutrition education for children 
     and their families;
       (iv) programs in coordination with local educational 
     agencies and entities providing services and supports 
     authorized under part B and part C of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1411 et seq.; 1431 et 
     seq.) to ensure the full participation of children with 
     disabilities;
       (v) physical activity programs aligned with evidence-based 
     guidelines, such as those recommended by the Institute of 
     Medicine, and which take into account and accommodate 
     children with disabilities;
       (vi) additional support services, as appropriate, based on 
     the findings of the community assessment, as described in 
     section 10311(b)(4); and
       (vii) on-site coordination, to the maximum extent 
     practicable.
       (J) Provides high-quality professional development for all 
     staff, including regular in-classroom observation for 
     teachers and teacher assistants by individuals trained in 
     such observation and which may include evidence-based 
     coaching.
       (K) Meets the education performance standards in effect 
     under section 641A(a)(1)(B) of the Head Start Act (42 U.S.C. 
     9836a(a)(1)(B)).
       (L) Maintains evidence-based health and safety standards.
       (M) Maintains disciplinary policies that do not include 
     expulsion or suspension of participating children, except as 
     a last resort in extraordinary circumstances where--
       (i) there is a determination of a serious safety threat; 
     and
       (ii) policies are in place to provide appropriate 
     alternative early educational services to expelled or 
     suspended children while they are out of school.
       (11) Homeless child.--The term ``homeless child'' means a 
     child or youth described in section 725(2) of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11434a(2)).
       (12) Indian tribe; tribal organization.--The terms ``Indian 
     tribe'' and ``tribal organization'' have the meanings given 
     the terms in 658P of the Child Care and Development Block 
     Grant of 1990 (42 U.S.C. 9858n).
       (13) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 102 of the Higher Education Act of 1965 (20 
     U.S.C. 1002).
       (14) Limited english proficient.--The term ``limited 
     English proficient'' has the meaning given the term in 
     section 637 of the Head Start Act (42 U.S.C. 9832).
       (15) Local educational agency; state educational agency; 
     educational service agency.--The terms ``local educational 
     agency'', ``State educational agency'', and ``educational 
     service agency'' have the meanings given the terms in section 
     9101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801).
       (16) Migratory child.--The term ``migratory child'' has the 
     meaning given the term in section 1309 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6399).
       (17) Outlying area.--The term ``outlying area'' means each 
     of the United States Virgin Islands, Guam, American Samoa, 
     the Commonwealth of the Northern Mariana Islands, and the 
     Republic of Palau, the Federated States of Micronesia, and 
     the Republic of the Marshall Islands.
       (18) Poverty line.--The term ``poverty line'' means the 
     official poverty line (as defined by the Office of Management 
     and Budget)--
       (A) adjusted to reflect the percentage change in the 
     Consumer Price Index for All Urban Consumers published by the 
     Bureau of Labor Statistics of the Department of Labor for the 
     most recent 12-month period or other interval for which the 
     data are available; and
       (B) applicable to a family of the size involved.
       (19) Secondary school.--The term ``secondary school'' has 
     the meaning given the term in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       (20) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (21) State.--Except as otherwise provided in this subpart, 
     the term ``State'' means

[[Page S5071]]

     each of the 50 States, the District of Columbia, the 
     Commonwealth of Puerto Rico, and each of the outlying areas.
       (22) State advisory council on early childhood education 
     and care.--The term ``State Advisory Council on Early 
     Childhood Education and Care'' means the State Advisory 
     Council on Early Childhood Education and Care established 
     under section 642B(b) of the Head Start Act (42 U.S.C. 
     9837b(b)).

     SEC. 10303. PROGRAM AUTHORIZATION.

       From amounts made available to carry out this subpart, the 
     Secretary, in consultation with the Secretary of Health and 
     Human Services, shall award grants to States to implement 
     high-quality prekindergarten programs, consistent with the 
     purposes of this subpart described in section 10301. For each 
     fiscal year, the funds provided under a grant to a State 
     shall equal the allotment determined for the State under 
     section 10304.

     SEC. 10304. ALLOTMENTS AND RESERVATIONS OF FUNDS.

       (a) Reservation.--From the amount made available each 
     fiscal year to carry out this subpart, the Secretary shall--
       (1) reserve not less than 1 percent and not more than 2 
     percent for payments to Indian tribes and tribal 
     organizations;
       (2) reserve one-half of 1 percent for the outlying areas to 
     be distributed among the outlying areas on the basis of their 
     relative need, as determined by the Secretary in accordance 
     with the purposes of this subpart;
       (3) reserve one-half of 1 percent for eligible local 
     entities that serve children in families who are engaged in 
     migrant or seasonal agricultural labor; and
       (4) reserve not more than 1 percent or $30,000,000, 
     whichever amount is less, for national activities, including 
     administration, technical assistance, and evaluation.
       (b) Allotments.--
       (1) In general.--From the amount made available each fiscal 
     year to carry out this subpart and not reserved under 
     subsection (a), the Secretary shall make allotments to States 
     in accordance with paragraph (2) that have submitted an 
     approved application.
       (2) Allotment amount.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     shall allot the amount made available under paragraph (1) for 
     a fiscal year among the States in proportion to the number of 
     children who are age 4 who reside within the State and are 
     from families with incomes at or below 200 percent of the 
     poverty line for the most recent year for which satisfactory 
     data are available, compared to the number of such children 
     who reside in all such States for that fiscal year.
       (B) Minimum allotment amount.--No State receiving an 
     allotment under subparagraph (A) may receive less than one-
     half of 1 percent of the total amount allotted under such 
     subparagraph.
       (3) Reallotment and carry over.--
       (A) In general.--If one or more States do not receive an 
     allotment under this subsection for any fiscal year, the 
     Secretary may use the amount of the allotment for that State 
     or States, in such amounts as the Secretary determines 
     appropriate, for either or both of the following:
       (i) To increase the allotments of States with approved 
     applications for the fiscal year, consistent with 
     subparagraph (B).
       (ii) To carry over the funds to the next fiscal year.
       (B) Reallotment.--In increasing allotments under 
     subparagraph (A)(i), the Secretary shall allot to each State 
     with an approved application an amount that bears the same 
     relationship to the total amount to be allotted under 
     subparagraph (A)(i), as the amount the State received under 
     paragraph (2) for that fiscal year bears to the amount that 
     all States received under paragraph (2) for that fiscal year.
       (4) State.--For purposes of this subsection, the term 
     ``State'' means each of the 50 States, the District of 
     Columbia, and the Commonwealth of Puerto Rico.
       (c) Flexibility.--The Secretary may make minimal 
     adjustments to allotments under subsection (b), which shall 
     neither lead to a significant increase or decrease in a 
     State's allotment determined under subsection (b), based on a 
     set of factors, such as the level of program participation 
     and the estimated cost of the activities specified in the 
     State plan under section 10306(2).

     SEC. 10305. STATE ELIGIBILITY CRITERIA.

       A State is eligible to receive a grant under this subpart 
     if the State demonstrates to the Secretary that the State--
       (1) has established or will establish early learning and 
     development standards that--
       (A) describe what children from birth to kindergarten entry 
     should know and be able to do;
       (B) are universally designed and developmentally, 
     culturally, and linguistically appropriate;
       (C) are aligned with the State's challenging academic 
     content standards and challenging student academic 
     achievement standards, as adopted under section 1111(b)(1) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(1)); and
       (D) cover all of the essential domains of school readiness, 
     which address--
       (i) physical well-being and motor development;
       (ii) social and emotional development;
       (iii) approaches to learning, including creative arts 
     expression;
       (iv) developmentally appropriate oral and written language 
     and literacy development; and
       (v) cognition and general knowledge, including early 
     mathematics and early scientific development;
       (2) has the ability or will develop the ability to link 
     prekindergarten data with State elementary school and 
     secondary school data for the purpose of collecting 
     longitudinal information for all children participating in 
     the State's high-quality prekindergarten program and any 
     other federally funded early childhood program that will 
     remain with the child through the child's public education 
     through grade 12;
       (3) offers State-funded kindergarten for children who are 
     eligible children for that service in the State; and
       (4) has established a State Advisory Council on Early 
     Childhood Education and Care.

     SEC. 10306. STATE APPLICATIONS.

       To receive a grant under this subpart, the Governor of a 
     State, in consultation with the Indian tribes and tribal 
     organizations in the State, if any, shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require. At a minimum, each such application shall 
     include--
       (1) an assurance that the State--
       (A) will coordinate with and continue to participate in the 
     programs authorized under section 619 and part C of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1419; 
     1431 et seq.), the Child Care and Development Block Grant Act 
     of 1990 (42 U.S.C. 9858 et seq.), and the maternal, infant, 
     and early childhood home visiting programs funded under 
     section 511 of the Social Security Act (42 U.S.C. 711) for 
     the duration of the grant;
       (B) will designate a State-level entity (such as an agency 
     or joint interagency office), selected by the Governor, for 
     the administration of the grant, which shall coordinate and 
     consult with the State educational agency if the entity is 
     not the State educational agency; and
       (C) will establish, or certify the existence of, program 
     standards for all State prekindergarten programs consistent 
     with the definition of a high-quality prekindergarten program 
     under section 10302;
       (2) a description of the State's plan to--
       (A) use funds received under this subpart and the State's 
     matching funds to provide high-quality prekindergarten 
     programs, in accordance with section 10307(d), with open 
     enrollment for all children in the State who--
       (i) are described insection 10302(10)(A);and
       (ii) are from families with incomes at or below 200 percent 
     of the poverty line;
       (B) develop or enhance a system for monitoring eligible 
     local entities that are receiving funds under this subpart 
     for compliance with quality standards developed by the State 
     and to provide program improvement support, which may be 
     accomplished through the use of a State-developed system for 
     quality rating and improvement;
       (C) if applicable, expand participation in the State's 
     high-quality prekindergarten programs to children from 
     families with incomes above 200 percent of the poverty line;
       (D) carry out the State's comprehensive early learning 
     assessment system, or how the State plans to develop such a 
     system, ensuring that any assessments are culturally, 
     developmentally, and age-appropriate and consistent with the 
     recommendations from the study on Developmental Outcomes and 
     Assessments for Young Children by the National Academy of 
     Sciences, consistent with section 649(j) of the Head Start 
     Act (42 U.S.C. 9844);
       (E) develop, implement, and make publicly available the 
     performance measures and targets described in section 10309;
       (F) increase the number of teachers with bachelor's degrees 
     in early childhood education, or with bachelor's degrees in 
     another closely related field and specialized training and 
     demonstrated competency in early childhood education, 
     including how institutions of higher education will support 
     increasing the number of teachers with such degrees and 
     training, including through the use of assessments of prior 
     learning, knowledge, and skills to facilitate and expedite 
     attainment of such degrees;
       (G) coordinate and integrate the activities funded under 
     this subpart with Federal, State, and local services and 
     programs that support early childhood education and care, 
     including programs supported under this subpart, the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.), the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.), the Head Start Act (42 U.S.C. 
     9831 et seq.), the Community Services Block Grant Act (42 
     U.S.C. 9901 et seq.), the Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9858 et seq.), the temporary 
     assistance for needy families program under part A of title 
     IV of the Social Security Act (42 U.S.C. 601 et seq.), the 
     Race to the Top program under section 14006 of division A of 
     the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5), federally funded early literacy programs, the 
     maternal, infant, and early childhood home visiting programs 
     funded under section 511 of the Social Security Act (42 
     U.S.C. 711), health improvements to child care funded under 
     title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.), the program under subtitle B of title VII of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et 
     seq.), the innovation fund program under section 14007 of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5), programs authorized under part E of title IV of the 
     Social Security Act (42 U.S.C. 670 et seq.), the Fostering 
     Connections to Success and Increasing Adoptions Act of 2008 
     (Public

[[Page S5072]]

     Law 110-351), grants for infant and toddler care through 
     Early Head Start-Child Care Partnerships funded under the 
     heading ``children and families services programs'' under the 
     heading administration for children and families in title II 
     of division H of the Department of Health and Human Services 
     Appropriations Act, 2014 (Public Law 113-76; 128 Stat. 377-
     378), the preschool development grants program funded under 
     the heading ``innovation and improvement'' in title III of 
     division G of the Department of Education Appropriations Act, 
     2015 (Public Law 113-235; 128 Stat. 2496), and any other 
     Federal, State, or local early childhood education programs 
     used in the State;
       (H) award subgrants to eligible local entities, and in 
     awarding such subgrants, facilitate a delivery system of 
     high-quality prekindergarten programs that includes diverse 
     providers, such as providers in community-based, public 
     school, and private settings, and consider the system's 
     impact on options for families;
       (I) in the case of a State that does not have a State-
     determined funding mechanism for prekindergarten, use 
     objective criteria in awarding subgrants to eligible local 
     entities that will implement high-quality prekindergarten 
     programs, including actions the State will take to ensure 
     that eligible local entities will coordinate with local 
     educational agencies or other early learning providers, as 
     appropriate, to carry out activities to provide children 
     served under this subpart with a successful transition from 
     preschool into kindergarten, which activities shall include--
       (i) aligning curricular objectives and instruction;
       (ii) providing staff professional development, including 
     opportunities for joint-professional development on early 
     learning and kindergarten through grade 3 standards, 
     assessments, and curricula;
       (iii) coordinating family engagement and support services; 
     and
       (iv) encouraging the shared use of facilities and 
     transportation, as appropriate;
       (J) use the State early learning and development standards 
     described in section 10305(1) to address the needs of dual 
     language learners, including by incorporating benchmarks 
     related to English language development;
       (K) identify barriers, and propose solutions to overcome 
     such barriers, which may include seeking assistance under 
     section 10316, in the State to effectively use and integrate 
     Federal, State, and local public funds and private funds for 
     early childhood education that are available to the State on 
     the date on which the application is submitted;
       (L) support articulation agreements (as defined in section 
     486A of the Higher Education Act of 1965 (20 U.S.C. 1093a)) 
     between public 2-year and public 4-year institutions of 
     higher education and other credit-bearing professional 
     development in the State for early childhood teacher 
     preparation programs and closely related fields;
       (M) ensure that the higher education programs in the State 
     have the capacity to prepare a workforce to provide high-
     quality prekindergarten programs;
       (N) support workforce development, including State and 
     local policies that support prekindergarten instructional 
     staff's ability to earn a degree, certification, or other 
     specializations or qualifications, including policies on 
     leave, substitutes, and child care services, including non-
     traditional hour child care;
       (O) hold eligible local entities accountable for use of 
     funds;
       (P) ensure that the State's early learning and development 
     standards are integrated into the instructional and 
     programmatic practices of high-quality prekindergarten 
     programs and related programs and services, such as those 
     provided to children under section 619 and part C of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1419 
     and 1431 et seq.);
       (Q) increase the number of children in the State who are 
     enrolled in high-quality kindergarten programs and carry out 
     a strategy to implement such a plan;
       (R) coordinate the State's activities supported by grants 
     under this subpart with activities in State plans required 
     under the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.), the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.), the Head Start Act 
     (42 U.S.C. 9831 et seq.), the Child Care and Development 
     Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the 
     Adult Education and Family Literacy Act (29 U.S.C. 3271 et 
     seq.);
       (S) encourage eligible local entities to coordinate with 
     community-based learning resources, such as libraries, arts 
     and arts education programs, appropriate media programs, 
     family literacy programs, public parks and recreation 
     programs, museums, nutrition education programs, and programs 
     supported by the Corporation for National and Community 
     Service;
       (T) work with eligible local entities, in consultation with 
     elementary school principals, to ensure that high-quality 
     prekindergarten programs have sufficient and appropriate 
     facilities to meet the needs of children eligible for 
     prekindergarten;
       (U) support local early childhood coordinating entities, 
     such as local early childhood councils, if applicable, and 
     help such entities to coordinate early childhood education 
     programs with high-quality prekindergarten programs to ensure 
     effective and efficient delivery of early childhood education 
     program services;
       (V) support shared services administering entities, if 
     applicable;
       (W) ensure that the provision of high-quality 
     prekindergarten programs will not lead to a diminution in the 
     quality or supply of services for infants and toddlers or 
     disrupt the care of infants and toddlers in the geographic 
     area served by the eligible local entity, which may include 
     demonstrating that the State will direct funds to provide 
     high-quality early childhood education and care to infants 
     and toddlers in accordance with section 10307(d); and
       (X) encourage or promote socioeconomic, racial, and ethnic 
     diversity in the classrooms of high-quality prekindergarten 
     programs, as applicable; and
       (3) an inventory of the State's higher education programs 
     that prepare individuals for work in a high-quality 
     prekindergarten program, including--
       (A) certification programs;
       (B) associate degree programs;
       (C) baccalaureate degree programs;
       (D) masters degree programs; and
       (E) other programs that lead to a specialization in early 
     childhood education, or a related field.

     SEC. 10307. STATE USE OF FUNDS.

       (a) Reservation for Quality Improvement Activities.--
       (1) In general.--A State that receives a grant under this 
     subpart may reserve, for not more than the first 4 years such 
     State receives such a grant, not more than 20 percent of the 
     grant funds for quality improvement activities that support 
     the elements of high-quality prekindergarten programs. Such 
     quality improvement activities may include supporting 
     teachers, center directors, and principals in a State's high-
     quality prekindergarten program, licensed or regulated child 
     care, or Head Start programs to enable such teachers, 
     principals, or directors to earn a baccalaureate degree in 
     early childhood education, or a closely related field, 
     through activities which may include--
       (A) expanding or establishing scholarships, counseling, and 
     compensation initiatives to cover the cost of tuition, fees, 
     materials, transportation, and release time for such 
     teachers;
       (B) providing ongoing professional development 
     opportunities, including regular in-classroom observation by 
     individuals trained in such observation, for such teachers, 
     directors, principals, and teachers assistants to enable such 
     teachers, directors, principals, and teachers assistants to 
     carry out the elements of high-quality prekindergarten 
     programs, which may include activities that address--
       (i) promoting children's development across all of the 
     essential domains of early learning and development;
       (ii) developmentally appropriate curricula and teacher-
     child interaction;
       (iii) effective family engagement;
       (iv) providing culturally competent instruction;
       (v) working with a diversity of children and families, 
     including children with disabilities and dual language 
     learners;
       (vi) childhood nutrition and physical education programs;
       (vii) supporting the implementation of evidence-based 
     curricula;
       (viii) social and emotional development; and
       (ix) incorporating age-appropriate strategies of positive 
     behavioral interventions and supports; and
       (C) providing families with increased opportunities to 
     learn how best to support their children's physical, 
     cognitive, social, and emotional development during the first 
     5 years of life.
       (2) Not subject to matching.--The amount reserved under 
     paragraph (1) shall not be subject to the matching 
     requirements under section 10310.
       (3) Coordination.--A State that reserves an amount under 
     paragraph (1) shall coordinate the use of such amount with 
     activities funded under section 658G of the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858e) and the 
     Head Start Act (42 U.S.C. 9831 et seq.).
       (4) Construction.--A State may not use funds reserved under 
     this subsection to meet the requirement described in 
     10302(10)(G).
       (b) Subgrants for High-Quality Prekindergarten Programs.--A 
     State that receives a grant under this subpart shall award 
     subgrants of sufficient size to eligible local entities to 
     enable such eligible local entities to implement high-quality 
     prekindergarten programs for children who--
       (1) are described insection 10302(10)(A);
       (2) reside within the State; and
       (3) are from families with incomes at or below 200 percent 
     of the poverty line.
       (c) Administration.--A State that receives a grant under 
     this subpart may reserve not more than 1 percent of the grant 
     funds for administration of the grant, and may use part of 
     that reservation for the maintenance of the State Advisory 
     Council on Early Childhood Education and Care.
       (d) Early Childhood Education and Care Programs for Infants 
     and Toddlers.--
       (1) Use of allotment for infants and toddlers.--An eligible 
     State may apply to use, and the appropriate Secretary may 
     grant permission for the State to use, not more than 15 
     percent of the funds made available through a grant received 
     under this subpart to award subgrants to early childhood 
     education programs to provide, consistent with the State's 
     early learning and

[[Page S5073]]

     development guidelines for infants and toddlers, high-quality 
     early childhood education and care to infants and toddlers 
     who reside within the State and are from families with 
     incomes at or below 200 percent of the poverty line.
       (2) Application.--To be eligible to use the grant funds as 
     described in paragraph (1), the State shall submit an 
     application to the appropriate Secretary at such time, in 
     such manner, and containing such information as the Secretary 
     may require. Such application shall, at a minimum, include a 
     description of how the State will--
       (A) designate a lead agency which shall administer such 
     funds;
       (B) ensure that such lead agency, in coordination with the 
     State's Advisory Council on Early Childhood Education and 
     Care, will collaborate with other agencies in administering 
     programs supported under this subsection for infants and 
     toddlers in order to obtain input about the appropriate use 
     of such funds and ensure coordination with programs for 
     infants and toddlers funded under the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), 
     the Head Start Act (42 U.S.C. 9831 et seq.) (including any 
     Early Learning Quality Partnerships established in the State 
     under section 645B of the Head Start Act, as added by section 
     202), the Race to the Top program under section 14006 of 
     division A of the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5), the maternal, infant, and early 
     childhood home visiting programs funded under section 511 of 
     the Social Security Act (42 U.S.C. 711), part C of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1431 
     et seq.), and grants for infant and toddler care through 
     Early Head Start-Child Care Partnerships funded under the 
     heading ``children and families services programs'' under the 
     heading administration for children and families in title II 
     of division H of the Department of Health and Human Services 
     Appropriations Act, 2014 (Public Law 113-76; 128 Stat. 377-
     378);
       (C) ensure that infants and toddlers who benefit from 
     amounts made available under this subsection will transition 
     to and have the opportunity to participate in a high-quality 
     prekindergarten program supported under this subpart;
       (D) in awarding subgrants, give preference to early 
     childhood education programs that have a written formal plan 
     with baseline data, benchmarks, and timetables to increase 
     access to and full participation in high-quality 
     prekindergarten programs for children who need additional 
     support, including children with developmental delays or 
     disabilities, children who are dual language learners, 
     homeless children, children who are in foster care, children 
     of migrant families, children eligible for a free or reduced-
     price lunch under the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1751 et seq.), or children in the child 
     welfare system; and
       (E) give priority to activities carried out under this 
     subsection that will increase access to high-quality early 
     childhood education programs for infants and toddlers in 
     local areas with significant concentrations of low-income 
     families that do not currently benefit from such programs.
       (3) Eligible providers.--A State may use the grant funds as 
     described in paragraph (1) to serve infants and toddlers only 
     by working with early childhood education program providers 
     that--
       (A) offer full-day, full-year care, or otherwise meet the 
     needs of working families; and
       (B) meet high-quality standards, such as--
       (i) Early Head Start program performance standards under 
     the Head Start Act (42 U.S.C. 9831 et seq.); or
       (ii) high-quality, demonstrated, valid, and reliable 
     program standards that have been established through a 
     national entity that accredits early childhood education 
     programs.
       (4) Federal administration.--
       (A) In general.--The Secretary shall bear responsibility 
     for obligating and disbursing funds to support activities 
     under this subsection and ensuring compliance with applicable 
     laws and administrative requirements, subject to paragraph 
     (3).
       (B) Interagency agreement.--The Secretary of Education and 
     the Secretary of Health and Human Services shall jointly 
     administer activities supported under this subsection on such 
     terms as such Secretaries shall set forth in an interagency 
     agreement. The Secretary of Health and Human Services shall 
     be responsible for any final approval of a State's 
     application under this subsection that addresses the use of 
     funds designated for services to infants and toddlers.
       (C) Appropriate secretary.--In this subsection, the term 
     ``appropriate Secretary'' used with respect to a function, 
     means the Secretary designated for that function under the 
     interagency agreement.

     SEC. 10308. ADDITIONAL PREKINDERGARTEN SERVICES.

       (a) Prekindergarten for 3-Year-Olds.--Each State that 
     certifies to the Secretary that the State provides 
     universally available, voluntary, high-quality 
     prekindergarten programs for 4-year-old children who reside 
     within the State and are from families with incomes at or 
     below 200 percent of the poverty line may use the State's 
     allocation under section 10304(b) to provide high-quality 
     prekindergarten programs for 3-year-old children who reside 
     within the State and are from families with incomes at or 
     below 200 percent of the poverty line.
       (b) Subgrants.--In each State that has a city, county, or 
     local educational agency that provides universally available 
     high-quality prekindergarten programs for 4-year-old children 
     who reside within the State and are from families with 
     incomes at or below 200 percent of the poverty line the State 
     may use amounts from the State's allocation under section 
     10304(b) to award subgrants to eligible local entities to 
     enable such eligible local entities to provide high-quality 
     prekindergarten programs for 3-year-old children who are from 
     families with incomes at or below 200 percent of the poverty 
     line and who reside in such city, county, or local 
     educational agency.

     SEC. 10309. PERFORMANCE MEASURES AND TARGETS.

       (a) In General.--A State that receives a grant under this 
     subpart shall develop, implement, and make publicly available 
     the performance measures and targets for the activities 
     carried out with grant funds. Such measures shall, at a 
     minimum, track the State's progress in--
       (1) increasing school readiness across all domains for all 
     categories of children, as described in section 10313(b)(7), 
     including children with disabilities and dual language 
     learners;
       (2) narrowing school readiness gaps between minority and 
     nonminority children, and low-income children and more 
     advantaged children, in preparation for kindergarten entry;
       (3) decreasing the number of years that children receive 
     special education and related services as described in part B 
     of the Individuals with Disabilities Education Act (20 U.S.C. 
     1411 et seq.);
       (4) increasing the number of programs meeting the criteria 
     for high-quality prekindergarten programs across all types of 
     local eligible entities, as defined by the State and in 
     accordance with section 10302;
       (5) decreasing the need for grade-to-grade retention in 
     elementary school;
       (6) if applicable, ensuring that high-quality 
     prekindergarten programs do not experience instances of 
     chronic absence among the children who participate in such 
     programs;
       (7) increasing the number and percentage of low-income 
     children in high-quality early childhood education programs 
     that receive financial support through funds provided under 
     this subpart; and
       (8) providing high-quality nutrition services, nutrition 
     education, physical activity, and obesity prevention 
     programs.
       (b) Prohibition of Misdiagnosis Practices.--A State shall 
     not, in order to meet the performance measures and targets 
     described in subsection (a), engage in practices or policies 
     that will lead to the misdiagnosis or under-diagnosis of 
     disabilities or developmental delays among children who are 
     served through programs supported under this subpart.

     SEC. 10310. MATCHING REQUIREMENTS.

       (a) Matching Funds.--
       (1) In general.--Except as provided in paragraph (2), a 
     State that receives a grant under this subpart shall provide 
     matching funds from non-Federal sources, as described in 
     subsection (c), in an amount equal to--
       (A) 10 percent of the Federal funds provided under the 
     grant in the first year of grant administration;
       (B) 10 percent of the Federal funds provided under the 
     grant in the second year of grant administration;
       (C) 20 percent of the Federal funds provided under the 
     grant in the third year of grant administration;
       (D) 30 percent of the Federal funds provided under the 
     grant in the fourth year of grant administration; and
       (E) 40 percent of the Federal funds provided under the 
     grant in the fifth year of grant administration.
       (2) Reduced match rate.--A State that meets the 
     requirements under subsection (b) may provide matching funds 
     from non-Federal sources at a reduced rate. The full reduced 
     matching funds rate shall be in an amount equal to--
       (A) 5 percent of the Federal funds provided under the grant 
     in the first year of grant administration;
       (B) 5 percent of the Federal funds provided under the grant 
     in the second year of grant administration;
       (C) 10 percent of the Federal funds provided under the 
     grant in the third year of grant administration;
       (D) 20 percent of the Federal funds provided under the 
     grant in the fourth year of grant administration; and
       (E) 30 percent of the Federal funds provided under the 
     grant in the fifth year of grant administration.
       (b) Reduced Match Rate Eligibility.--A State that receives 
     a grant under this subpart may provide matching funds from 
     non-Federal sources at the full reduced rate under subsection 
     (a)(2) if the State, across all publicly funded programs 
     (including locally funded programs)--
       (1)(A) offers enrollment in high-quality prekindergarten 
     programs to not less than half of children in the State who 
     are--
       (i) age 4 on the eligibility determination date; and
       (ii) from families with incomes at or below 200 percent of 
     the poverty line; and
       (B) has a plan for continuing to expand access to high-
     quality prekindergarten programs for such children in the 
     State; and
       (2) has a plan to expand access to high-quality 
     prekindergarten programs to children from moderate income 
     families whose income exceeds 200 percent of the poverty 
     line.

[[Page S5074]]

       (c) Non-Federal Resources.--
       (1) In cash.--A State shall provide the matching funds 
     under this section in cash with non-Federal resources which 
     may include State funding, local funding, or contributions 
     from philanthropy or other private sources, or a combination 
     thereof.
       (2) Funds to be considered as matching funds.--A State may 
     include, as part of the State's matching funds under this 
     section, not more than 10 percent of the amount of State or 
     local funds designated for State or local prekindergarten 
     programs or to supplement Head Start programs under the Head 
     Start Act (42 U.S.C. 9831 et seq.) as of the date of 
     enactment of this Act, but may not include any funds that are 
     attributed as matching funds, as part of a non-Federal share, 
     or as a maintenance of effort requirement, for any other 
     Federal program.
       (d) Maintenance of Effort.--
       (1) In general.--If a State reduces its combined fiscal 
     effort per student or the aggregate expenditures within the 
     State to support early childhood education programs for any 
     fiscal year that a State receives a grant authorized under 
     this subpart relative to the previous fiscal year, the 
     Secretary shall reduce support for such State under this 
     subpart by the same amount as the decline in State effort for 
     such fiscal year.
       (2) Waiver.--The Secretary may waive the requirements of 
     paragraph (1) if--
       (A) the Secretary determines that a waiver would be 
     appropriate due to a precipitous decline in the financial 
     resources of a State as a result of unforeseen economic 
     hardship or a natural disaster that has necessitated across-
     the-board reductions in State services, including early 
     childhood education programs; or
       (B) due to the circumstances of a State requiring 
     reductions in specific programs, including early childhood 
     education, if the State presents to the Secretary a 
     justification and demonstration why other programs could not 
     be reduced and how early childhood programs in the State will 
     not be disproportionately harmed by such State action.
       (e) Supplement Not Supplant.--Grant funds received under 
     this subpart shall be used to supplement and not supplant 
     other Federal, State, and local public funds expended on 
     public prekindergarten programs in the State.

     SEC. 10311. ELIGIBLE LOCAL ENTITY APPLICATIONS.

       (a) In General.--An eligible local entity desiring to 
     receive a subgrant under section 10307(b) shall submit an 
     application to the State, at such time, in such manner, and 
     containing such information as the State may reasonably 
     require.
       (b) Contents.--Each application submitted under subsection 
     (a) shall include the following:
       (1) Parent and family engagement.--A description of how the 
     eligible local entity plans to engage the parents and 
     families of the children such entity serves and ensure that 
     parents and families of eligible children, as described in 
     clauses (i) and (ii) of section 10306(2)(A), are aware of the 
     services provided by the eligible local entity, which shall 
     include a plan to--
       (A) carry out meaningful parent and family engagement, 
     through the implementation and replication of evidence-based 
     or promising practices and strategies, which shall be 
     coordinated with parent and family engagement strategies 
     supported under the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.), part A of title I and title V 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6311 et seq.; 7201 et seq.), and strategies in the 
     Head Start Parent, Family, and Community Engagement 
     Framework, if applicable, to--
       (i) provide parents and family members with the skills and 
     opportunities necessary to become engaged and effective 
     partners in their children's education, particularly the 
     families of dual language learners and children with 
     disabilities, which may include access to family literacy 
     services;
       (ii) improve child development; and
       (iii) strengthen relationships among prekindergarten staff 
     and parents and family members; and
       (B) participate in community outreach to encourage families 
     with eligible children to participate in the eligible local 
     entity's high-quality prekindergarten program, including--
       (i) homeless children;
       (ii) dual language learners;
       (iii) children in foster care;
       (iv) children with disabilities; and
       (v) migrant children.
       (2) Coordination and alignment.--A description of how the 
     eligible local entity will--
       (A) coordinate, if applicable, the eligible local entity's 
     activities with--
       (i) Head Start agencies (consistent with section 642(e)(5) 
     of the Head Start Act (42 U.S.C. 9837(e)(5))), if the local 
     entity is not a Head Start agency;
       (ii) local educational agencies, if the eligible local 
     entity is not a local educational agency;
       (iii) providers of services under part C of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1431 et seq.);
       (iv) programs carried out under section 619 of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1419); 
     and
       (v) if feasible, other entities carrying out early 
     childhood education programs and services within the area 
     served by the local educational agency;
       (B) develop a process to promote continuity of 
     developmentally appropriate instructional programs and shared 
     expectations with local elementary schools for children's 
     learning and development as children transition to 
     kindergarten;
       (C) organize, if feasible, and participate in joint 
     training, when available, including transition-related 
     training for school staff and early childhood education 
     program staff;
       (D) establish comprehensive transition policies and 
     procedures, with applicable elementary schools and 
     principals, for the children served by the eligible local 
     entity that support the school readiness of children 
     transitioning to kindergarten, including the transfer of 
     early childhood education program records, with parental 
     consent;
       (E) conduct outreach to parents, families, and elementary 
     school teachers and principals to discuss the educational, 
     developmental, and other needs of children entering 
     kindergarten;
       (F) help parents, including parents of children who are 
     dual language learners, understand and engage with the 
     instructional and other services provided by the kindergarten 
     in which such child will enroll after participation in a 
     high-quality prekindergarten program; and
       (G) develop and implement a system to increase program 
     participation of underserved populations of eligible 
     children, especially homeless children, children eligible for 
     a free or reduced-price lunch under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.), parents 
     of children who are dual language learners, and parents of 
     children with disabilities.
       (3) Full participation of all children.--A description of 
     how the eligible local entity will meet the diverse needs of 
     children in the community to be served, including children 
     with disabilities, dual language learners, children who need 
     additional support, children in the State foster care system, 
     and homeless children. Such description shall demonstrate, at 
     a minimum, how the entity plans to--
       (A) ensure the eligible local entity's high-quality 
     prekindergarten program is accessible and appropriate for 
     children with disabilities and dual language learners;
       (B) establish effective procedures for ensuring use of 
     evidence-based practices in assessment and instruction, 
     including use of data for progress monitoring of child 
     performance and provision of technical assistance support for 
     staff to ensure fidelity with evidence-based practices;
       (C) establish effective procedures for timely referral of 
     children with disabilities to entities authorized under part 
     B and part C of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1411 et seq.; 1431 et seq.);
       (D) ensure that the eligible local entity's high-quality 
     prekindergarten program works with appropriate entities to 
     address the elimination of barriers to immediate and 
     continuous enrollment for homeless children; and
       (E) ensure access to and continuity of enrollment in high-
     quality prekindergarten programs for migratory children, if 
     applicable, and homeless children, including through policies 
     and procedures that require--
       (i) outreach to identify migratory children and homeless 
     children;
       (ii) immediate enrollment, including enrollment during the 
     period of time when documents typically required for 
     enrollment, including health and immunization records, proof 
     of eligibility, and other documents, are obtained;
       (iii) continuous enrollment and participation in the same 
     high-quality prekindergarten program for a child, even if the 
     child moves out of the program's service area, if that 
     enrollment and participation are in the child's best 
     interest, including by providing transportation when 
     necessary;
       (iv) professional development for high-quality 
     prekindergarten program staff regarding migratory children 
     and homelessness among families with young children; and
       (v) in serving homeless children, collaboration with local 
     educational agency liaisons designated under section 
     722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance 
     Act (42 U.S.C. 11432(g)(1)(J)(ii)), and local homeless 
     service providers.
       (4) Accessible comprehensive services.--A description of 
     how the eligible local entity plans to provide accessible 
     comprehensive services, described in section 10302(10)(I), to 
     the children the eligible local entity serves. Such 
     description shall provide information on how the entity 
     will--
       (A) conduct a data-driven community assessment in 
     coordination with members of the community, including parents 
     and community organizations, or use a recently conducted 
     data-driven assessment, which--
       (i) may involve an external partner with expertise in 
     conducting such needs analysis, to determine the most 
     appropriate social or other support services to offer through 
     the eligible local entity's on-site comprehensive services to 
     children who participate in high-quality prekindergarten 
     programs; and
       (ii) shall consider the resources available at the school, 
     local educational agency, and community levels to address the 
     needs of the community and improve child outcomes; and
       (B) have a coordinated system to facilitate the screening, 
     referral, and provision of services related to health, 
     nutrition, mental health, disability, and family support for 
     children served by the eligible local entity.

[[Page S5075]]

       (5) Workforce.--A description of how the eligible local 
     entity plans to support the instructional staff of such 
     entity's high-quality prekindergarten program, which shall, 
     at a minimum, include a plan to provide high-quality 
     professional development, or facilitate the provision of 
     high-quality professional development through an external 
     partner with expertise and a demonstrated track record of 
     success, based on scientifically valid research, that will 
     improve the knowledge and skills of high-quality 
     prekindergarten teachers and staff through activities, which 
     may include--
       (A) acquiring content knowledge and learning teaching 
     strategies needed to provide effective instruction that 
     addresses the State's early learning and development 
     standards described under section 10305(1), including 
     professional training to support the social and emotional 
     development of children;
       (B) enabling high-quality prekindergarten teachers and 
     staff to pursue specialized training in early childhood 
     development;
       (C) enabling high-quality prekindergarten teachers and 
     staff to acquire the knowledge and skills to provide 
     instruction and appropriate language and support services to 
     increase the English language skills of dual language 
     learners;
       (D) enabling high-quality prekindergarten teachers and 
     staff to acquire the knowledge and skills to provide 
     developmentally appropriate instruction for children with 
     disabilities;
       (E) promoting classroom management;
       (F) providing high-quality induction and support for 
     incoming high-quality prekindergarten teachers and staff in 
     high-quality prekindergarten programs, including through the 
     use of mentoring programs and coaching that have a 
     demonstrated track record of success;
       (G) promoting the acquisition of relevant credentials, 
     including in ways that support career advancement through 
     career ladders; and
       (H) enabling high-quality prekindergarten teachers and 
     staff to acquire the knowledge and skills to provide 
     culturally competent instruction for children from diverse 
     backgrounds.

     SEC. 10312. REQUIRED SUBGRANT ACTIVITIES.

       (a) In General.--An eligible local entity that receives a 
     subgrant under section 10307(b) shall use subgrant funds to 
     implement the elements of a high-quality prekindergarten 
     program for the children described in section 10307(b).
       (b) Coordination.--
       (1) Local educational agency partnerships with local early 
     childhood education programs.--A local educational agency 
     that receives a subgrant under this subpart shall provide an 
     assurance that the local educational agency will enter into 
     strong partnerships with local early childhood education 
     programs, including programs supported through the Head Start 
     Act (42 U.S.C. 9831 et seq.).
       (2) Eligible local entities that are not local educational 
     agencies.--An eligible local entity that is not a local 
     educational agency that receives a subgrant under this 
     subpart shall provide an assurance that such entity will 
     enter into strong partnerships with local educational 
     agencies.

     SEC. 10313. REPORT AND EVALUATION.

       (a) In General.--Each State that receives a grant under 
     this subpart shall prepare an annual report, in such manner 
     and containing such information as the Secretary may 
     reasonably require.
       (b) Contents.--A report prepared under subsection (a) shall 
     contain, at a minimum--
       (1) a description of the manner in which the State has used 
     the funds made available through the grant and a report of 
     the expenditures made with the funds;
       (2) a summary of the State's progress toward providing 
     access to high-quality prekindergarten programs for children 
     eligible for such services, as determined by the State, from 
     families with incomes at or below 200 percent of the poverty 
     line, including the percentage of funds spent on children 
     from families with incomes--
       (A) at or below 100 percent of the poverty line;
       (B) at or below between 101 and 150 percent of the poverty 
     line; and
       (C) at or below between 151 and 200 percent of the poverty 
     line;
       (3) an evaluation of the State's progress toward achieving 
     the State's performance targets, described in section 10309;
       (4) data on the number of high-quality prekindergarten 
     program teachers and staff in the State (including teacher 
     turnover rates and teacher compensation levels compared to 
     teachers in elementary schools and secondary schools), 
     according to the setting in which such teachers and staff 
     work (which settings shall include, at a minimum, Head Start 
     programs, public prekindergarten, and child care programs) 
     who received training or education during the period of the 
     grant and remained in the early childhood education program 
     field;
       (5) data on the kindergarten readiness of children in the 
     State;
       (6) a description of the State's progress in effectively 
     using Federal, State, and local public funds and private 
     funds, for early childhood education;
       (7) the number and percentage of children in the State 
     participating in high-quality prekindergarten programs, 
     disaggregated by race, ethnicity, family income, child age, 
     disability, whether the children are homeless children, and 
     whether the children are dual language learners;
       (8) data on the availability, affordability, and quality of 
     infant and toddler care in the State;
       (9) the number of operational minutes per week and per year 
     for each eligible local entity that receives a subgrant;
       (10) the local educational agency and zip code in which 
     each eligible local entity that receives a subgrant operates;
       (11) information, for each of the local educational 
     agencies described in paragraph (10), on the percentage of 
     the costs of the public early childhood education programs 
     that is funded from Federal, from State, and from local 
     sources, including the percentages from specific funding 
     programs;
       (12) data on the number and percentage of children in the 
     State participating in public kindergarten programs, 
     disaggregated by race, family income, child age, disability, 
     whether the children are homeless children, and whether the 
     children are dual language learners, with information on 
     whether such programs are offered--
       (A) for a full day; and
       (B) at no cost to families;
       (13) data on the number of individuals in the State who are 
     supported with scholarships, if applicable, to meet the 
     bachelor's degree requirement for high-quality 
     prekindergarten programs, as defined in section 10302; and
       (14) information on--
       (A) the rates of expulsion, suspension, and similar 
     disciplinary action, of children in the State participating 
     in high-quality prekindergarten programs, disaggregated by 
     race, ethnicity, family income, child age, and disability;
       (B) the State's progress in establishing policies on 
     effective behavior management strategies and training that 
     promote positive social and emotional development to 
     eliminate expulsions and suspensions of children 
     participating in high-quality prekindergarten programs; and
       (C) the State's policies on providing early learning 
     services to children in the State participating in high-
     quality prekindergarten programs who have been suspended.
       (c) Submission.--A State shall submit the annual report 
     prepared under subsection (a), at the end of each fiscal 
     year, to the Secretary, the Secretary of Health and Human 
     Services, and the State Advisory Council on Early Childhood 
     Education and Care.
       (d) Cooperation.--An eligible local entity that receives a 
     subgrant under this subpart shall cooperate with all Federal 
     and State efforts to evaluate the effectiveness of the 
     program the entity implements with subgrant funds.
       (e) National Report.--The Secretary shall compile and 
     summarize the annual State reports described under subsection 
     (c) and shall prepare and submit an annual report to Congress 
     that includes a summary of such State reports.

     SEC. 10314. PROHIBITION OF REQUIRED PARTICIPATION OR USE OF 
                   FUNDS FOR ASSESSMENTS.

       (a) Prohibition on Required Participation.--A State 
     receiving a grant under this subpart shall not require any 
     child to participate in any Federal, State, local, or private 
     early childhood education program, including a high-quality 
     prekindergarten program.
       (b) Prohibition on Use of Funds for Assessment.--A State 
     receiving a grant under this subpart and an eligible local 
     entity receiving a subgrant under this subpart shall not use 
     any grant or subgrant funds to carry out any of the following 
     activities:
       (1) An assessment that provides rewards or sanctions for 
     individual children, teachers, or principals.
       (2) An assessment that is used as the primary or sole 
     method for assessing program effectiveness.
       (3) Evaluating children, other than for the purposes of--
       (A) improving instruction or the classroom environment;
       (B) targeting professional development;
       (C) determining the need for health, mental health, 
     disability, or family support services;
       (D) program evaluation for the purposes of program 
     improvement and parent information; and
       (E) improving parent and family engagement.

     SEC. 10315. COORDINATION WITH HEAD START PROGRAMS.

       (a) Increased Access for Younger Children.--Not later than 
     1 year after the date of enactment of this Act, the Secretary 
     and the Secretary of Health and Human Services shall develop 
     a process--
       (1) for use in the event that Head Start programs funded 
     under the Head Start Act (42 U.S.C. 9831 et seq.) operate in 
     States or regions that have achieved sustained universal, 
     voluntary access to 4-year-old children who reside within the 
     State and who are from families with incomes at or below 200 
     percent of the poverty line to high-quality prekindergarten 
     programs; and
       (2) for how such Head Start programs will begin converting 
     slots for children who are age 4 on the eligibility 
     determination date to children who are age 3 on the 
     eligibility determination date, or, when appropriate, 
     converting Head Start programs into Early Head Start programs 
     to serve infants and toddlers.
       (b) Community Need and Resources.--The process described in 
     subsection (a) shall--
       (1) be carried out on a case-by-case basis and shall ensure 
     that sufficient resources

[[Page S5076]]

     and time are allocated for the development of such a process 
     so that no child or cohort is excluded from currently 
     available services; and
       (2) ensure that any conversion shall be based on community 
     need and not on the aggregate number of children served in a 
     State or region that has achieved sustained, universal, 
     voluntary access to high-quality prekindergarten programs.
       (c) Public Comment and Notice.--Not fewer than 90 days 
     after the development of the proposed process described in 
     subsection (a), the Secretary and the Secretary of Health and 
     Human Services shall publish a notice describing such 
     proposed process for conversion in the Federal Register 
     providing at least 90 days for public comment. The 
     Secretaries shall review and consider public comments prior 
     to finalizing the process for conversion of Head Start slots 
     and programs.
       (d) Reports to Congress.--Concurrently with publishing a 
     notice in the Federal Register as described in subsection 
     (c), the Secretaries shall provide a report to the Committee 
     on Education and the Workforce of the House of 
     Representatives and the Committee on Health, Education, 
     Labor, and Pensions of the Senate that provides a detailed 
     description of the proposed process described in subsection 
     (a), including a description of the degree to which Head 
     Start programs are providing State-funded high-quality 
     prekindergarten programs as a result of the grant opportunity 
     provided under this subpart in States where Head Start 
     programs are eligible for conversion described in subsection 
     (a).

     SEC. 10316. TECHNICAL ASSISTANCE IN PROGRAM ADMINISTRATION.

       In providing technical assistance to carry out activities 
     under this subpart, the Secretary shall coordinate that 
     technical assistance, in appropriate cases, with technical 
     assistance provided by the Secretary of Health and Human 
     Services to carry out the programs authorized under the Head 
     Start Act (42 U.S.C. 9831 et seq.), the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), 
     and the maternal, infant and early childhood home visiting 
     programs assisted under section 511 of the Social Security 
     Act (42 U.S.C. 711).

     SEC. 10317. AUTHORIZATION OF APPROPRIATIONS.

       To carry out this subpart, there are authorized to be 
     appropriated, and there are appropriated--
       (1) $1,300,000,000 for fiscal year 2016;
       (2) $3,250,000,000 for fiscal year 2017;
       (3) $5,780,000,000 for fiscal year 2018;
       (4) $7,580,000,000 for fiscal year 2019; and
       (5) $8,960,000,000 for fiscal year 2020.

             Subpart B--Prekindergarten Development Grants

     SEC. 10321. PREKINDERGARTEN DEVELOPMENT GRANTS.

       (a) In General.--The Secretary of Education, in 
     consultation with the Secretary of Health and Human Services, 
     shall award competitive grants to States that wish to 
     increase their capacity and build the infrastructure within 
     the State to offer high-quality prekindergarten programs.
       (b) Eligibility of States.--A State that is not receiving 
     funds under subpart A may compete for grant funds under this 
     section if the State provides an assurance that the State 
     will, through the support of grant funds awarded under this 
     section, meet the eligibility requirements of section 10305 
     not later than 3 years after the date the State first 
     receives grant funds under this section.
       (c) Grant Duration.--The Secretary shall award grants under 
     this section for a period of not more than 3 years. Such 
     grants shall not be renewed.
       (d) Application.--
       (1) In general.--A Governor, or chief executive officer of 
     a State that desires to receive a grant under this section 
     shall submit an application to the Secretary of Education at 
     such time, in such manner, and accompanied by such 
     information as the Secretary of Education may reasonably 
     require, including, if applicable, a description of how the 
     State plans to become eligible for grants under section 10305 
     by not later than 3 years after the date the State first 
     receives grant funds under this section.
       (2) Development of state application.--In developing an 
     application for a grant under this section, a State shall 
     consult with the State Advisory Council on Early Childhood 
     Education and Care and incorporate the Council's 
     recommendations, where applicable.
       (e) Matching Requirement.--
       (1) In general.--To be eligible to receive a grant under 
     this section, a State shall contribute for the activities for 
     which the grant was awarded non-Federal matching funds in an 
     amount equal to not less than 20 percent of the amount of the 
     grant.
       (2) Non-federal funds.--To satisfy the requirement of 
     paragraph (1), a State may use--
       (A) non-Federal resources in the form of State funding, 
     local funding, or contributions from philanthropy or other 
     private sources, or a combination of such resources; or
       (B) in-kind contributions.
       (3) Financial hardship waiver.--The Secretary may waive the 
     requirement under paragraph (1) or reduce the amount of 
     matching funds required under that paragraph for a State that 
     has submitted an application for a grant under this 
     subsection if the State demonstrates, in the application, a 
     need for such a waiver or reduction due to extreme financial 
     hardship, as determined by the Secretary.
       (f) Subgrants.--
       (1) In general.--A State awarded a grant under this section 
     may use the grant funds to award subgrants to eligible local 
     entities, as defined in section 10302, to carry out the 
     activities under the grant.
       (2) Subgrantees.--An eligible local entity awarded a 
     subgrant under paragraph (1) shall comply with the 
     requirements of this section relating to grantees, as 
     appropriate.
       (g) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated, and there 
     are appropriated, $750,000,000 for each of fiscal years 2016 
     through 2020.

             Subpart C--Early Learning Quality Partnerships

     SEC. 10331. PURPOSES.

       The purposes of this part are to--
       (1) increase the availability of, and access to, high-
     quality early childhood education and care programming for 
     infants and toddlers;
       (2) support a higher quality of, and increase capacity for, 
     such programming in both child care centers and family child 
     care homes;
       (3) encourage the provision of comprehensive, coordinated 
     full-day services and supports for infants and toddlers; and
       (4) increase access to appropriate supports so children 
     with disabilities and other children who need specialized 
     supports can fully participate in high-quality early 
     education programs.

     SEC. 10332. EARLY LEARNING QUALITY PARTNERSHIPS.

       The Head Start Act is amended--
       (1) by amending section 645A(e) (42 U.S.C. 9840a(e)) to 
     read as follows:
       ``(e) Selection of Grant Recipients.--The Secretary shall 
     award grants under this section on a competitive basis to 
     applicants meeting the criteria in subsection (d) (giving 
     priority to entities with a record of providing early, 
     continuous, and comprehensive childhood development and 
     family services and entities that agree to partner with a 
     center-based or family child care provider to carry out the 
     activities described in section 645B).''; and
       (2) by inserting after section 645A the following:

     ``SEC. 645B. EARLY LEARNING QUALITY PARTNERSHIPS.

       ``(a) In General.--The Secretary shall make grants to Early 
     Head Start agencies to enable the Early Head Start agencies 
     to form early learning quality partnerships by partnering 
     with center-based or family child care providers, 
     particularly those that receive support under the Child Care 
     and Development Block Grant of 1990 (42 U.S.C. 9858 et seq.), 
     that agree to meet the program performance standards 
     described in section 641A(a)(1) and Early Head Start 
     standards described in section 645A that are applicable to 
     the ages of children served with funding and technical 
     assistance from the Early Head Start agency.
       ``(b) Selection of Grant Recipients.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), the Secretary shall award grants under this section in a 
     manner consistent with section 645A(e).
       ``(2) Competitive priority.--In awarding grants under this 
     section, the Secretary shall give priority to applicants--
       ``(A) that propose to create strong alignment of programs 
     with maternal, infant, and early childhood home visiting 
     programs assisted under section 511 of the Social Security 
     Act (42 U.S.C. 711), State-funded prekindergarten programs, 
     programs carried out under the Child Care and Development 
     Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and other 
     programs supported under this Act, to create a strong 
     continuum of high-quality services for children from birth to 
     school entry; and
       ``(B) that seek to work with child care providers across 
     settings, including center-based and home-based programs.
       ``(3) Allocation.--
       ``(A) Reservation.--From funds appropriated to carry out 
     this section, the Secretary shall reserve--
       ``(i) not less than 3 percent of such funds for Indian Head 
     Start programs that serve young children;
       ``(ii) not less than 4.5 percent for migrant and seasonal 
     Head Start programs that serve young children; and
       ``(iii) not less than 0.2 percent for programs funded under 
     clause (iv) or (v) of section 640(a)(2)(B).
       ``(B) Allocation among states.--The Secretary shall 
     allocate funds appropriated to carry out this section and not 
     reserved under subparagraph (A) among the States 
     proportionally based on the number of young children from 
     families whose income is below the poverty line residing in 
     such States.
       ``(c) Eligibility of Children.--Partnerships formed through 
     assistance provided under this section may serve children 
     through age 3, and the standards applied to children in 
     subsection (a) shall be consistent with those applied to 3-
     year-old children under this subchapter.
       ``(d) Partnerships.--An Early Head Start agency that 
     receives a grant under this section shall--
       ``(1) enter into a contractual relationship with a center-
     based or family child care provider to raise the quality of 
     such provider's programs so that the provider meets the 
     program performance standards described in subsection (a) 
     through activities that may include--

[[Page S5077]]

       ``(A) expanding the center-based or family child care 
     provider's programs through financial support;
       ``(B) providing training, technical assistance, and support 
     to the provider in order to help the provider meet the 
     program performance standards, which may include supporting 
     program and partner staff in earning a child development 
     associate credential, associate's degree, or baccalaureate 
     degree in early childhood education or a closely related 
     field for working with infants and toddlers; and
       ``(C) blending funds received under the Child Care and 
     Development Block Grant of 1990 (42 U.S.C. 9858 et seq.) and 
     the Early Head Start program carried out under section 645A 
     in order to provide high-quality child care, for a full day, 
     that meets the program performance standards;
       ``(2) develop and implement a proposal to recruit and enter 
     into a contract with a center-based or family child care 
     provider, particularly a provider that serves children who 
     receive assistance under the Child Care and Development Block 
     Grant of 1990 (42 U.S.C. 9858 et seq.);
       ``(3) create a clear and realizable timeline to increase 
     the quality and capacity of a center-based or family child 
     care provider so that the provider meets the program 
     performance standards described in subsection (a); and
       ``(4) align activities and services provided through 
     funding under this section with the Head Start Child Outcomes 
     Framework.
       ``(e) Standards.--Prior to awarding grants under this 
     section, the Secretary shall establish standards to ensure 
     that the responsibility and expectations of the Early Head 
     Start agency and the partner child care providers are clearly 
     defined.
       ``(f) Designation Renewal.--A partner child care provider 
     that receives assistance through a grant provided under this 
     section shall be exempt, for a period of 18 months, from the 
     designation renewal requirements under section 641(c).
       ``(g) Survey of Early Head Start Agencies and Report to 
     Congress.--Within one year of the effective date of this 
     section, the Secretary shall conduct a survey of Early Head 
     Start agencies to determine the extent of barriers to 
     entering into early learning quality partnership agreements 
     under this section on Early Head Start agencies and on child 
     care providers, and submit this information, with suggested 
     steps to overcome such barriers, in a report to the Committee 
     on Education and the Workforce of the House of 
     Representatives and the Committee on Health, Education, 
     Labor, and Pensions of the Senate, including a detailed 
     description of the degree to which Early Head Start agencies 
     are utilizing the funds provided.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $1,430,376,000 for fiscal year 2016; and
       ``(2) such sums as may be necessary for each of fiscal 
     years 2017 through 2020.''.

    Subpart D--Authorization of Appropriations for the Education of 
                       Children With Disabilities

     SEC. 10341. PRESCHOOL GRANTS.

       Section 619(j) of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1419(j)) is amended to read as 
     follows:
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $418,000,000 for fiscal year 2016 and such sums as may be 
     necessary for each succeeding fiscal year.''.

     SEC. 10342. INFANTS AND TODDLERS WITH DISABILITIES.

       Section 644 of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1444) is amended to read as follows:

     ``SEC. 644. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this part, there are 
     authorized to be appropriated $508,000,000 for fiscal year 
     2016 and such sums as may be necessary for each succeeding 
     fiscal year.''.

 Subpart E--Maternal, Infant, and Early Childhood Home Visiting Program

     SEC. 10351. SENSE OF THE SENATE.

       It is the sense of the Senate that--
       (1) from the prenatal period to the first day of 
     kindergarten, children's development rapidly progresses at a 
     pace exceeding that of any subsequent stage of life;
       (2) as reported by the National Academy of Sciences in 
     2001, striking disparities exist in what children know and 
     can do that are evident well before they enter kindergarten;
       (3) such differences are strongly associated with social 
     and economic circumstances, and they are predictive of 
     subsequent academic performance;
       (4) research has consistently demonstrated that investments 
     in high-quality programs that serve infants and toddlers--
       (A) better positions those children for success in 
     elementary, secondary, and postsecondary education; and
       (B) helps those children develop the critical physical, 
     emotional, social, and cognitive skills that they will need 
     for the rest of their lives;
       (5) in 2011, there were 11,000,000 infants and toddlers 
     living in the United States, and 49 percent of these children 
     came from low-income families with incomes at or below 200 
     percent of the Federal poverty guidelines;
       (6) the Maternal, Infant, and Early Childhood Home Visiting 
     program (referred to as ``MIECHV'') was authorized by 
     Congress to facilitate collaboration and partnership at the 
     Federal, State, and community levels to improve health and 
     development outcomes for at-risk children, including those 
     from low-income families, through evidence-based home 
     visiting programs;
       (7) MIECHV is an evidence-based policy initiative and the 
     program's authorizing legislation requires that at least 75 
     percent of funds dedicated to the program must support 
     programs to implement evidence-based home visiting models, 
     which includes the home-based model of Early Head Start; and
       (8) Congress should continue to provide resources to MIECHV 
     to support the work of States to help at-risk families 
     voluntarily receive home visits from nurses and social 
     workers to--
       (A) promote maternal, infant, and child health;
       (B) improve school readiness and achievement;
       (C) prevent potential child abuse or neglect and injuries;
       (D) support family economic self-sufficiency;
       (E) reduce crime or domestic violence; and
       (F) improve coordination or referrals for community 
     resources and supports.

                     Subpart F--Paying a Fair Share

     SEC. 10361. FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS.

       (a) In General.--Subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new part:

          ``PART VII--FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS

``Sec. 59A. Fair share tax.

     ``SEC. 59A. FAIR SHARE TAX.

       ``(a) General Rule.--
       ``(1) Phase-in of tax.--In the case of any high-income 
     taxpayer, there is hereby imposed for a taxable year (in 
     addition to any other tax imposed by this subtitle) a tax 
     equal to the product of--
       ``(A) the amount determined under paragraph (2), and
       ``(B) a fraction (not to exceed 1)--
       ``(i) the numerator of which is the excess of--

       ``(I) the taxpayer's adjusted gross income, over
       ``(II) the dollar amount in effect under subsection (c)(1), 
     and

       ``(ii) the denominator of which is the dollar amount in 
     effect under subsection (c)(1).
       ``(2) Amount of tax.--The amount of tax determined under 
     this paragraph is an amount equal to the excess (if any) of--
       ``(A) the tentative fair share tax for the taxable year, 
     over
       ``(B) the excess of--
       ``(i) the sum of--

       ``(I) the regular tax liability (as defined in section 
     26(b)) for the taxable year, determined without regard to any 
     tax liability determined under this section,
       ``(II) the tax imposed by section 55 for the taxable year, 
     plus
       ``(III) the payroll tax for the taxable year, over

       ``(ii) the credits allowable under part IV of subchapter A 
     (other than sections 27(a), 31, and 34).
       ``(b) Tentative Fair Share Tax.--For purposes of this 
     section--
       ``(1) In general.--The tentative fair share tax for the 
     taxable year is 30 percent of the excess of--
       ``(A) the adjusted gross income of the taxpayer, over
       ``(B) the modified charitable contribution deduction for 
     the taxable year.
       ``(2) Modified charitable contribution deduction.--For 
     purposes of paragraph (1)--
       ``(A) In general.--The modified charitable contribution 
     deduction for any taxable year is an amount equal to the 
     amount which bears the same ratio to the deduction allowable 
     under section 170 (section 642(c) in the case of a trust or 
     estate) for such taxable year as--
       ``(i) the amount of itemized deductions allowable under the 
     regular tax (as defined in section 55) for such taxable year, 
     determined after the application of section 68, bears to
       ``(ii) such amount, determined before the application of 
     section 68.
       ``(B) Taxpayer must itemize.--In the case of any individual 
     who does not elect to itemize deductions for the taxable 
     year, the modified charitable contribution deduction shall be 
     zero.
       ``(c) High-Income Taxpayer.--For purposes of this section--
       ``(1) In general.--The term `high-income taxpayer' means, 
     with respect to any taxable year, any taxpayer (other than a 
     corporation) with an adjusted gross income for such taxable 
     year in excess of $1,000,000 (50 percent of such amount in 
     the case of a married individual who files a separate 
     return).
       ``(2) Inflation adjustment.--
       ``(A) In general.--In the case of a taxable year beginning 
     after 2016, the $1,000,000 amount under paragraph (1) shall 
     be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2015' 
     for `calendar year 1992' in subparagraph (B) thereof.
       ``(B) Rounding.--If any amount as adjusted under 
     subparagraph (A) is not a multiple of $10,000, such amount 
     shall be rounded to the next lowest multiple of $10,000.
       ``(d) Payroll Tax.--For purposes of this section, the 
     payroll tax for any taxable year is an amount equal to the 
     excess of--
       ``(1) the taxes imposed on the taxpayer under sections 
     1401, 1411, 3101, 3201, and

[[Page S5078]]

     3211(a) (to the extent such tax is attributable to the rate 
     of tax in effect under section 3101) with respect to such 
     taxable year or wages or compensation received during such 
     taxable year, over
       ``(2) the deduction allowable under section 164(f) for such 
     taxable year.
       ``(e) Special Rule for Estates and Trusts.--For purposes of 
     this section, in the case of an estate or trust, adjusted 
     gross income shall be computed in the manner described in 
     section 67(e).
       ``(f) Not Treated as Tax Imposed by This Chapter for 
     Certain Purposes.--The tax imposed under this section shall 
     not be treated as tax imposed by this chapter for purposes of 
     determining the amount of any credit under this chapter 
     (other than the credit allowed under section 27(a)) or for 
     purposes of section 55.''.
       (b) Clerical Amendment.--The table of parts for subchapter 
     A of chapter 1 of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new item:

         ``Part VII--Fair Share Tax on High-Income Taxpayers''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2015.
       (d) Funding.--Any increase in revenue attributable to the 
     amendments made by this section shall be allocated to 
     carrying out subparts A and B.
                                 ______
                                 
  SA 2243. Mr. COONS (for himself and Mr. Rubio) submitted an amendment 
intended to be proposed to amendment SA 2089 submitted by Mr. Alexander 
(for himself and Mrs. Murray) to the bill S. 1177, to reauthorize the 
Elementary and Secondary Education Act of 1965 to ensure that every 
child achieves; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

                    PART C--AMERICAN DREAM ACCOUNTS

     SEC. 10301. SHORT TITLE.

       This part may be cited as the ``American Dream Accounts 
     Act''.

     SEC. 10302. DEFINITIONS.

       In this part:
       (1) American dream account.--The term ``American Dream 
     Account'' means a personal online account for low-income 
     students that monitors higher education readiness and 
     includes a college savings account.
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means the Committee on 
     Health, Education, Labor, and Pensions, the Committee on 
     Appropriations, and the Committee on Finance of the Senate, 
     and the Committee on Education and the Workforce, the 
     Committee on Appropriations, and the Committee on Ways and 
     Means of the House of Representatives, as well as any other 
     Committee of the Senate or House of Representatives that the 
     Secretary determines appropriate.
       (3) Charter school.--The term ``charter school'' has the 
     meaning given such term in section 5110 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7221i).
       (4) College savings account.--The term ``college savings 
     account'' means a trust created or organized exclusively for 
     the purpose of paying the qualified expenses of only an 
     individual who, when the trust is created or organized, has 
     not obtained 18 years of age, if the written governing 
     instrument creating the trust contains the following 
     requirements:
       (A) The trustee is a Federally insured financial 
     institution, or a State insured financial institution if a 
     Federally insured financial institution is not available.
       (B) The assets of the trust will be invested in accordance 
     with the direction of the individual or of a parent or 
     guardian of the individual, after consultation with the 
     entity providing the initial contribution to the trust or, if 
     applicable, a matching or other contribution for the 
     individual.
       (C) The assets of the trust will not be commingled with 
     other property except in a common trust fund or common 
     investment fund.
       (D) Any amount in the trust that is attributable to an 
     account seed or matched deposit may be paid or distributed 
     from the trust only for the purpose of paying qualified 
     expenses of the individual.
       (5) Dual or concurrent enrollment program.--The term ``dual 
     or concurrent enrollment program'' means a program of study--
       (A) provided by an institution of higher education through 
     which a student who has not graduated from high school with a 
     regular high school diploma (as defined in section 
     200.19(b)(1)(iv) of title 34, Code of Federal Regulations, as 
     such section was in effect on November 28, 2008) is able to 
     earn postsecondary credit; and
       (B) that shall consist of not less than 2 postsecondary 
     credit-bearing courses and support and academic services that 
     help a student persist and complete such courses.
       (6) Early college high school program.--The term ``early 
     college high school program'' means a formal partnership 
     between at least 1 local educational agency and at least 1 
     institution of higher education that allows participants, who 
     are primarily low-income students, to simultaneously complete 
     requirements toward earning a regular high school diploma (as 
     defined in section 200.19(b)(1)(iv) of title 34, Code of 
     Federal Regulations, as such section was in effect on 
     November 28, 2008) and earn not less than 12 transferable 
     credits as part of an organized course of study toward a 
     postsecondary degree or credential.
       (7) Eligible entity.--The term ``eligible entity'' means--
       (A) a State educational agency;
       (B) a local educational agency, including a charter school 
     that operates as its own local educational agency;
       (C) a charter management organization or charter school 
     authorizer;
       (D) an institution of higher education or a Tribal College 
     or University;
       (E) a nonprofit organization;
       (F) an entity with demonstrated experience in educational 
     savings or in assisting low-income students to prepare for, 
     and attend, an institution of higher education;
       (G) a consortium of 2 or more of the entities described in 
     subparagraphs (A) through (F); or
       (H) a consortium of 1 or more of the entities described in 
     subparagraphs (A) through (F) and a public school, a charter 
     school, a school operated by the Bureau of Indian Affairs, or 
     a tribally controlled school.
       (8) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a)).
       (9) Local educational agency.--The term ``local educational 
     agency'' has the meaning given such term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (10) Low-income student.--The term ``low-income student'' 
     means a student who is eligible to receive a free or reduced 
     price lunch under the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1751 et seq.).
       (11) Parent.--The term ``parent'' has the meaning given 
     such term in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (12) Qualified expenses.--The term ``qualified expenses'' 
     means, with respect to an individual, expenses that--
       (A) are incurred after the individual receives a secondary 
     school diploma or its recognized equivalent; and
       (B) are associated with attending an institution of higher 
     education, including--
       (i) tuition and fees;
       (ii) room and board;
       (iii) textbooks;
       (iv) supplies and equipment; and
       (v) Internet access.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (14) State educational agency.--The term ``State 
     educational agency'' has the meaning given such term in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801).
       (15) Tribal college or university.--The term ``Tribal 
     College or University'' has the meaning given such term in 
     section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b)).
       (16) Tribally controlled school.--The term ``tribally 
     controlled school'' has the meaning given such term in 
     section 5212 of the Tribally Controlled Schools Act of 1988 
     (25 U.S.C. 2511).

     SEC. 10303. GRANT PROGRAM.

       (a) Program Authorized.--The Secretary shall establish a 
     pilot program and award 10 grants to eligible entities to 
     enable such eligible entities to establish and administer 
     American Dream Accounts for a group of low-income students.
       (b) Reservation.--From the amounts appropriated each fiscal 
     year to carry out this part, the Secretary shall reserve not 
     more than 5 percent of such amount to carry out the 
     evaluation activities described in section 10306.
       (c) Duration.--A grant awarded under this part shall be for 
     a period of not more than 3 years. The Secretary may extend 
     such grant for an additional 2-year period if the Secretary 
     determines that the eligible entity has demonstrated 
     significant progress, based on the factors described in 
     section 10304(b)(11).

     SEC. 10304. APPLICATIONS; PRIORITY.

       (a) In General.--Each 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 require.
       (b) Contents.--At a minimum, the application described in 
     subsection (a) shall include the following:
       (1) A description of the characteristics of a group of not 
     less than 30 low-income public school students who--
       (A) are, at the time of the application, attending a grade 
     not higher than grade 9; and
       (B) will, under the grant, receive an American Dream 
     Account.
       (2) A description of how the eligible entity will engage, 
     and provide support (such as tutoring and mentoring for 
     students, and training for teachers and other stakeholders) 
     either online or in person, to--
       (A) the students in the group described in paragraph (1);
       (B) the family members and teachers of such students; and
       (C) other stakeholders such as school administrators and 
     school counselors.
       (3) An identification of partners who will assist the 
     eligible entity in establishing and sustaining American Dream 
     Accounts.
       (4) A description of what experience the eligible entity or 
     the partners of the eligible entity have in managing college 
     savings accounts, preparing low-income students for

[[Page S5079]]

     postsecondary education, managing online systems, and 
     teaching financial literacy.
       (5) A demonstration that the eligible entity has sufficient 
     resources to provide an initial deposit into the college 
     savings account portion of each American Dream Account.
       (6) A description of how the eligible entity will help 
     increase the value of the college savings account portion of 
     each American Dream Account, such as by providing matching 
     funds or incentives for academic achievement.
       (7) A description of how the eligible entity will notify 
     each participating student in the group described in 
     paragraph (1), on a semiannual basis, of the current balance 
     and status of the college savings account portion of the 
     American Dream Account of the student.
       (8) A plan that describes how the eligible entity will 
     monitor participating students in the group described in 
     paragraph (1) to ensure that the American Dream Account of 
     each student will be maintained if a student in such group 
     changes schools before graduating from secondary school.
       (9) A plan that describes how the American Dream Accounts 
     will be managed for not less than 1 year after a majority of 
     the students in the group described in paragraph (1) graduate 
     from secondary school.
       (10) A description of how the eligible entity will 
     encourage students in the group described in paragraph (1) 
     who fail to graduate from secondary school to continue their 
     education.
       (11) A description of how the eligible entity will evaluate 
     the grant program, including by collecting, as applicable, 
     the following data about the students in the group described 
     in paragraph (1) during the grant period, or until the time 
     of graduation from a secondary school, whichever comes first, 
     and, if sufficient grant funds are available, after the grant 
     period:
       (A) Attendance rates.
       (B) Progress reports.
       (C) Grades and course selections.
       (D) The student graduation rate, as defined as the 
     percentage of students who graduate from secondary school 
     with a regular diploma in the standard number of years.
       (E) Rates of student completion of the Free Application for 
     Federal Student Aid described in section 483 of the Higher 
     Education Act of 1965 (20 U.S.C. 1090).
       (F) Rates of enrollment in an institution of higher 
     education.
       (G) Rates of completion at an institution of higher 
     education.
       (12) A description of what will happen to the funds in the 
     college savings account portion of the American Dream 
     Accounts that are dedicated to participating students 
     described in paragraph (1) who have not matriculated at an 
     institution of higher education at the time of the conclusion 
     of the period of American Dream Account management described 
     in paragraph (9), including how the eligible entity will give 
     students this information.
       (13) A description of how the eligible entity will ensure 
     that participating students described in paragraph (1) will 
     have access to the Internet.
       (14) A description of how the eligible entity will take 
     into consideration how funds in the college savings account 
     portion of American Dream Accounts will affect participating 
     families' eligibility for public assistance.
       (c) Priority.--In awarding grants under this part, the 
     Secretary shall give priority to applications from eligible 
     entities that--
       (1) are described in subparagraph (G) or (H) of section 
     10302(7);
       (2) serve the largest number of low-income students;
       (3) in the case of an eligible entity described in 
     subparagraph (A) or (B) of section 10302(7), provide 
     opportunities for participating students described in 
     subsection (b)(1) to participate in a dual or concurrent 
     enrollment program or early college high school program at no 
     cost to the student or the student's family; or
       (4) as of the time of application, have been awarded a 
     grant under chapter 2 of subpart 2 of part A of title IV of 
     the Higher Education Act of 1965 (20 U.S.C. 1070a-21 et seq.) 
     (commonly referred to as the ``GEAR UP program'').

     SEC. 10305. AUTHORIZED ACTIVITIES.

       (a) In General.--An eligible entity that receives a grant 
     under this part shall use such grant funds to establish an 
     American Dream Account for each participating student 
     described in section 10304(b)(1), that will be used to--
       (1) open a college savings account for such student;
       (2) monitor the progress of such student online, which--
       (A) shall include monitoring student data relating to--
       (i) grades and course selections;
       (ii) progress reports; and
       (iii) attendance and disciplinary records; and
       (B) may also include monitoring student data relating to a 
     broad range of information, provided by teachers and family 
     members, related to postsecondary education readiness, 
     access, and completion;
       (3) provide opportunities for such students, either online 
     or in person, to learn about financial literacy, including 
     by--
       (A) assisting such students in financial planning for 
     enrollment in an institution of higher education;
       (B) assisting such students in identifying and applying for 
     financial aid (such as loans, grants, and scholarships) for 
     an institution of higher education; and
       (C) enhancing student understanding of consumer, economic, 
     and personal finance concepts;
       (4) provide opportunities for such students, either online 
     or in person, to learn about preparing for enrollment in an 
     institution of higher education, including by providing 
     instruction to students about--
       (A) choosing the appropriate courses to prepare for 
     postsecondary education;
       (B) applying to an institution of higher education;
       (C) building a student portfolio, which may be used when 
     applying to an institution of higher education;
       (D) selecting an institution of higher education;
       (E) choosing a major for the student's postsecondary 
     program of education or a career path; and
       (F) adapting to life at an institution of higher education; 
     and
       (5) provide opportunities for such students, either online 
     or in person, to identify skills or interests, including 
     career interests.
       (b) Access to American Dream Account.--
       (1) In general.--Subject to paragraphs (3) and (4), and in 
     accordance with applicable Federal laws and regulations 
     relating to privacy of information and the privacy of 
     children, an eligible entity that receives a grant under this 
     part shall allow vested stakeholders, as described in 
     paragraph (2), to have secure access, through an Internet 
     website, to an American Dream Account.
       (2) Vested stakeholders.--The vested stakeholders that an 
     eligible entity shall permit to access an American Dream 
     Account are individuals (such as the student's teachers, 
     school counselors, school administrators, or other 
     individuals) that are designated, in accordance 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''), by the parent of a participating student in 
     whose name such American Dream Account is held, as having 
     permission to access the account. A student's parent may 
     withdraw such designation from an individual at any time.
       (3) Exception for college savings account.--An eligible 
     entity that receives a grant under this part shall not be 
     required to give vested stakeholders, as described in 
     paragraph (2), access to the college savings account portion 
     of a student's American Dream Account.
       (4) Adult students.--Notwithstanding paragraphs (1), (2), 
     and (3), if a participating student is age 18 or older, an 
     eligible entity that receives a grant under this part shall 
     not provide access to such participating student's American 
     Dream Account without the student's consent, in accordance 
     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'').
       (5) Input of student information.--Student data collected 
     pursuant to subsection (a)(2)(A) shall be entered into an 
     American Dream Account only by a school administrator or the 
     designee of such administrator.
       (c) Prohibition on Use of Student Information.--An eligible 
     entity that receives a grant under this part shall not use 
     any student-level information or data for the purpose of 
     soliciting, advertising, or marketing any financial or non-
     financial consumer product or service that is offered by such 
     eligible entity, or on behalf of any other person.
       (d) Prohibition on the Use of Grant Funds.--An eligible 
     entity shall not use grant funds provided under this part to 
     provide any deposits into a college savings account portion 
     of a student's American Dream Account.

     SEC. 10306. REPORTS AND EVALUATIONS.

       (a) In General.--Not later than 1 year after the Secretary 
     has disbursed grants under this part, and annually thereafter 
     until each grant disbursed under this part has ended, the 
     Secretary shall prepare and submit a report to the 
     appropriate committees of Congress, which shall include an 
     evaluation of the effectiveness of the grant program 
     established under this part.
       (b) Contents.--The report described in subsection (a) 
     shall--
       (1) list the grants that have been awarded under section 
     10303(a);
       (2) include the number of students who have an American 
     Dream Account established through a grant awarded under 
     section 10303(a);
       (3) provide data (including the interest accrued on college 
     savings accounts that are part of an American Dream Account) 
     in the aggregate, regarding students who have an American 
     Dream Account established through a grant awarded under 
     section 10303(a), as compared to similarly situated students 
     who do not have an American Dream Account;
       (4) identify best practices developed by the eligible 
     entities receiving grants under this part;
       (5) identify any issues related to student privacy and 
     stakeholder accessibility to American Dream Accounts;
       (6) provide feedback from participating students and the 
     parents of such students about the grant program, including--
       (A) the impact of the program;
       (B) aspects of the program that are successful;
       (C) aspects of the program that are not successful; and

[[Page S5080]]

       (D) any other data required by the Secretary; and
       (7) provide recommendations for expanding the American 
     Dream Accounts program.

     SEC. 10307. ELIGIBILITY TO RECEIVE FEDERAL STUDENT FINANCIAL 
                   AID.

       Notwithstanding any other provision of law, any funds that 
     are in the college savings account portion of a student's 
     American Dream Account shall not affect such student's 
     eligibility to receive Federal student financial aid, 
     including any Federal student financial aid under the Higher 
     Education Act of 1965 (20 U.S.C. 1001 et seq.), and shall not 
     be considered in determining the amount of any such Federal 
     student aid.

     SEC. 10308. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for fiscal year 2016 and 
     each of the 4 succeeding fiscal years.
                                 ______
                                 
  SA 2244. Mr. CASSIDY submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 66, between lines 2 and 3, insert the following:
       ``(H) how the State educational agency will--
       ``(i) provide information on the immunization rates of 
     local educational agencies (in accordance with State law) to 
     inform parents and to protect the health and safety of 
     students; and
       ``(ii) make such information publically available in an 
     understandable and usable format on the State educational 
     agency's website, including links to each local educational 
     agency's website and the appropriate State health agency that 
     has such information;
                                 ______
                                 
  SA 2245. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 1020__. SENSE OF THE SENATE ON SEQUESTRATION.

       It is the Sense of the Senate that--
       (1) the Nation's fiscal challenges are a top priority for 
     Congress, and sequestration, non-strategic, across-the-board 
     budget cuts, remains an unreasonable and inadequate budgeting 
     tool to address the Nation's deficits and debt;
       (2) sequestration relief must be accomplished for fiscal 
     years 2016 and 2017;
       (3) sequestration relief should include equal defense and 
     non-defense relief; and
       (4) sequestration relief should be offset through targeted 
     changes in mandatory and discretionary categories and 
     revenues.
                                 ______
                                 
  SA 2246. Mr. McCAIN (for himself and Mr. Flake) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

                        TITLE XI--MISCELLANEOUS

     SEC. 11001. REVIEW AND NOTIFICATIONS OF CATEGORICAL 
                   EXCLUSIONS GRANTED FOR NEXT GENERATION FLIGHT 
                   PROCEDURES.

       Section 213(c) of the FAA Modernization and Reform Act of 
     2012 (Public Law 112-95; 49 U.S.C. 40101 note) is amended by 
     adding at the end the following:
       ``(3) Notifications and consultations.--Not less than 30 
     days before granting a categorical exclusion under this 
     subsection for a new procedure, the Administrator shall 
     notify and consult with the affected public and the operator 
     of the airport at which the procedure would be implemented.
       ``(4) Review of certain categorical exclusions.--
       ``(A) In general.--The Administrator shall review a 
     decision of the Administrator made on or after February 14, 
     2012, and before the date of the enactment of this paragraph 
     to grant a categorical exclusion under this subsection with 
     respect to a procedure to be implemented at an airport to 
     determine if the implementation of the procedure had a 
     significant effect on the human environment in the community 
     in which the airport is located if the operator of that 
     airport requests such a review and demonstrates that there is 
     good cause to believe that the implementation of the 
     procedure had such an effect.
       ``(B) Content of review.--If, in conducting a review under 
     subparagraph (A) with respect to a procedure implemented at 
     an airport, the Administrator, in consultation with the 
     operator of the airport, determines that implementing the 
     procedure had a significant effect on the human environment 
     in the community in which the airport is located, the 
     Administrator shall--
       ``(i) consult with the operator of the airport to identify 
     measures to mitigate the effect of the procedure on the human 
     environment; and
       ``(ii) in conducting such consultations, consider the use 
     of alternative flight paths.''.
                                 ______
                                 
  SA 2247. Mr. BURR (for himself and Mr. Bennet) submitted an amendment 
intended to be proposed to amendment SA 2089 submitted by Mr. Alexander 
(for himself and Mrs. Murray) to the bill S. 1177, to reauthorize the 
Elementary and Secondary Education Act of 1965 to ensure that every 
child achieves; which was ordered to lie on the table; as follows:

       Strike sections 1009, 1010, and 1011 and insert the 
     following:

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

       Section 1121 (20 U.S.C. 6331) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``and 1125A(f)''; and
       (2) in subsection (b)(3)(C)(ii), by striking ``challenging 
     State academic content standards'' and inserting 
     ``challenging State academic standards''.

     SEC. 1010. ALLOCATIONS TO STATES.

       Section 1122 (20 U.S.C. 6332) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Allocation Formula.--
       ``(1) Initial allocation.--For each of fiscal years 2016 
     through 2021 (referred to in this subsection as the `current 
     fiscal year'), the Secretary shall allocate $14,500,000,000 
     of the amount appropriated under section 1002(a) to carry out 
     this part (or, if the total amount appropriated for this part 
     is equal to or less than $14,500,000,000, all of such amount) 
     in accordance with the following:
       ``(A) An amount equal to the amount made available to carry 
     out section 1124 for fiscal year 2001 shall be allocated in 
     accordance with section 1124.
       ``(B) An amount equal to the amount made available to carry 
     out section 1124A for fiscal year 2001 shall be allocated in 
     accordance with section 1124A.
       ``(C) An amount equal to 100 percent of the amount, if any, 
     by which the amount made available under this paragraph for 
     the current fiscal year for which the determination is made 
     exceeds the amount available to carry out sections 1124 and 
     1124A for fiscal year 2001 shall be allocated in accordance 
     with section 1125 and 1125A.
       ``(2) Allocations in excess of $14,500,000,000.--For each 
     of the current fiscal years for which the amounts 
     appropriated under section 1002(a) to carry out this part 
     exceed $14,500,000,000, an amount equal to such excess amount 
     shall be allocated in accordance with section 1123.'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``under this subpart'' and inserting 
     ``under subsection (a)(1) for sections 1124, 1124A, 1125, and 
     1125A''; and
       (ii) by striking ``and 1125'' and inserting ``1125, and 
     1125A''; and
       (B) in paragraph (2)--
       (i) by inserting ``under subsection (a)(1)'' after ``become 
     available''; and
       (ii) by striking ``and 1125'' and inserting ``1125, and 
     1125A'';
       (3) in subsection (c)(1), by inserting ``and to the extent 
     amounts under subsection (a)(1) are available'' after ``For 
     each fiscal year''; and
       (4) in subsection (d)(1), by striking ``under this 
     subpart'' and inserting ``under subsection (a)(1) for 
     sections 1124, 1124A, 1125, and 1125A''.

     SEC. 1011. EQUITY GRANTS.

       Subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) is 
     amended by inserting after section 1122 the following:

     ``SEC. 1123. EQUITY GRANTS.

       ``(a) Authorization.--From funds appropriated under section 
     1002(a) for a fiscal year and available for allocation 
     pursuant to section 1122(a)(2), the Secretary is authorized 
     to make grants to States, from allotments under subsection 
     (b), to carry out the programs and activities of this part.
       ``(b) Distribution Based Upon Concentrations of Poverty.--
       ``(1) In general.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), funds appropriated pursuant to subsection (a) for a 
     fiscal year shall be allotted to each State based upon the 
     number of children counted under section 1124(c) in such 
     State multiplied by the product of--
       ``(i) 40 percent of the average per-pupil expenditure in 
     the United States (other than the Commonwealth of Puerto 
     Rico); multiplied by
       ``(ii) 1.30 minus such State's equity factor described in 
     paragraph (2).
       ``(B) Puerto rico.--For each fiscal year, the Secretary 
     shall allot to the Commonwealth of Puerto Rico an amount of 
     the funds appropriated under subsection (a) that bears the 
     same relation to the total amount of funds appropriated under 
     such subsection as the amount that the Commonwealth of Puerto 
     Rico received under this subpart for fiscal year 2015 bears 
     to the total amount received by all States for such fiscal 
     year.
       ``(C) State minimum.--Notwithstanding any other provision 
     of this section, from the total amount available for any 
     fiscal year to

[[Page S5081]]

     carry out this section, each State (except for Puerto Rico) 
     shall be allotted at least the lesser of--
       ``(i) 0.35 percent of the total amount available to carry 
     out this section for such fiscal year; or
       ``(ii) the average of--

       ``(I) 0.35 percent of such total amount for such fiscal 
     year; and
       ``(II) 150 percent of the national average grant under this 
     section per child described in section 1124(c), without 
     application of a weighting factor, multiplied by the State's 
     total number of children described in section 1124(c), 
     without application of a weighting factor.

       ``(2) Equity factor.--
       ``(A) Determination.--
       ``(i) In general.--Except as provided in subparagraph (B), 
     the Secretary shall determine the equity factor under this 
     section for each State in accordance with clause (ii).
       ``(ii) Computation.--

       ``(I) In general.--For each State, the Secretary shall 
     compute a weighted coefficient of variation for the per-pupil 
     expenditures of local educational agencies in accordance with 
     subclauses (II), (III), and (IV).
       ``(II) Variation.--In computing coefficients of variation, 
     the Secretary shall weigh the variation between per-pupil 
     expenditures in each local educational agency and the average 
     per-pupil expenditures in the State according to the number 
     of pupils served by the local educational agency.
       ``(III) Number of pupils.--In determining the number of 
     pupils under this paragraph served by each local educational 
     agency and in each State, the Secretary shall multiply the 
     number of children counted under section 1124(c) by a factor 
     of 1.4.
       ``(IV) Enrollment requirement.--In computing coefficients 
     of variation, the Secretary shall include only those local 
     educational agencies with an enrollment of more than 200 
     students.

       ``(B) Special rule.--The equity factor for a State that 
     meets the disparity standard described in section 222.162 of 
     title 34, Code of Federal Regulations (as such section was in 
     effect on the day preceding the date of enactment of the No 
     Child Left Behind Act of 2001) or a State with only one local 
     educational agency shall be not greater than 0.10.
       ``(c) Use of Funds; Eligibility of Local Educational 
     Agencies.--All funds awarded to each State under this section 
     shall be allocated to local educational agencies under the 
     following provisions:
       ``(1) Distribution within local educational agencies.--
     Within local educational agencies, funds allocated under this 
     section shall be distributed to schools on a basis consistent 
     with section 1113, and may only be used to carry out 
     activities under this part.
       ``(2) Eligibility for grant.--A local educational agency in 
     a State is eligible to receive a grant under this section for 
     any fiscal year if--
       ``(A) the number of children in the local educational 
     agency counted under section 1124(c), before application of 
     the weighted child count described in subsection (d), is at 
     least 10; and
       ``(B) if the number of children counted for grants under 
     section 1124(c), before application of the weighted child 
     count described in subsection (d), is at least 5 percent of 
     the total number of children aged 5 to 17 years, inclusive, 
     in the school district of the local educational agency.
       ``(d) Allocation of Funds to Eligible Local Educational 
     Agencies.--
       ``(1) In general.--Funds received by States under this 
     section for a fiscal year shall be allocated within States to 
     eligible local educational agencies on the basis of weighted 
     child counts calculated in accordance with paragraph (2), 
     (3), or (4), as appropriate for each State.
       ``(2) States with an equity factor less than .10.--
       ``(A) In general.--In States with an equity factor less 
     than .10, the weighted child counts referred to in paragraph 
     (1) for a fiscal year shall be the larger of the 2 amounts 
     determined under subparagraphs (B) and (C).
       ``(B) By percentage of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1124(c) for that local educational agency who constitute not 
     more than 17.27 percent, inclusive, of the agency's total 
     population aged 5 to 17, inclusive, multiplied by 1.0;
       ``(ii) the number of such children who constitute more than 
     17.27 percent, but not more than 23.48 percent, of such 
     population, multiplied by 1.75;
       ``(iii) the number of such children who constitute more 
     than 23.48 percent, but not more than 29.11 percent, of such 
     population, multiplied by 2.5;
       ``(iv) the number of such children who constitute more than 
     29.11 percent, but not more than 36.10 percent, of such 
     population, multiplied by 3.25; and
       ``(v) the number of such children who constitute more than 
     36.10 percent of such population, multiplied by 4.0.
       ``(C) By number of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1124(c) who constitute not more than 834, inclusive, of the 
     agency's total population aged 5 to 17, inclusive, multiplied 
     by 1.0;
       ``(ii) the number of such children between 835 and 2,629, 
     inclusive, in such population, multiplied by 1.5;
       ``(iii) the number of such children between 2,630 and 
     7,668, inclusive, in such population, multiplied by 2.0; and
       ``(iv)(I) in the case of an agency that is not a high 
     poverty percentage local educational agency, the number of 
     such children in excess of 7,668 in such population, 
     multiplied by 2.0; or
       ``(II) in the case of a high poverty percentage local 
     educational agency--

       ``(aa) the number of such children between 7,669 and 
     26,412, inclusive, in such population, multiplied by 2.5; and
       ``(bb) the number of such children in excess of 26,412 in 
     such population, multiplied by 3.0.

       ``(3) States with an equity factor greater than or equal to 
     .10 and less than .20.--
       ``(A) In general.--In States with an equity factor greater 
     than or equal to .10 and less than .20, the weighted child 
     counts referred to in paragraph (1) for a fiscal year shall 
     be the larger of the 2 amounts determined under subparagraphs 
     (B) and (C).
       ``(B) By percentage of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1124(c) for that local educational agency who constitute not 
     more than 17.27 percent, inclusive, of the agency's total 
     population aged 5 to 17, inclusive, multiplied by 1.0;
       ``(ii) the number of such children who constitute more than 
     17.27 percent, but not more than 23.48 percent, of such 
     population, multiplied by 1.5;
       ``(iii) the number of such children who constitute more 
     than 23.48 percent, but not more than 29.11 percent, of such 
     population, multiplied by 3.0;
       ``(iv) the number of such children who constitute more than 
     29.11 percent, but not more than 36.10 percent, of such 
     population, multiplied by 4.5; and
       ``(v) the number of such children who constitute more than 
     36.10 percent of such population, multiplied by 6.0.
       ``(C) By number of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1124(c) who constitute not more than 834, inclusive, of the 
     agency's total population aged 5 to 17, inclusive, multiplied 
     by 1.0;
       ``(ii) the number of such children between 835 and 2,629, 
     inclusive, in such population, multiplied by 1.5;
       ``(iii) the number of such children between 2,630 and 
     7,668, inclusive, in such population, multiplied by 2.25; and
       ``(iv)(I) in the case of an agency that is not a high 
     poverty percentage local educational agency, the number of 
     such children in excess of 7,668 in such population, 
     multiplied by 2.25; or
       ``(II) in the case of a high poverty percentage local 
     educational agency--

       ``(aa) the number of such children between 7,669 and 
     26,412, inclusive, in such population, multiplied by 3.375; 
     and
       ``(bb) the number of such children in excess of 26,412 in 
     such population, multiplied by 4.5.

       ``(4) States with an equity factor greater than or equal to 
     .20.--
       ``(A) In general.--In States with an equity factor greater 
     than or equal to .20, the weighted child counts referred to 
     in paragraph (1) for a fiscal year shall be the larger of the 
     2 amounts determined under subparagraphs (B) and (C).
       ``(B) By percentage of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1124(c) for that local educational agency who constitute not 
     more than 17.27 percent, inclusive, of the agency's total 
     population aged 5 to 17, inclusive, multiplied by 1.0;
       ``(ii) the number of such children who constitute more than 
     17.27 percent, but not more than 23.48 percent, of such 
     population, multiplied by 2.0;
       ``(iii) the number of such children who constitute more 
     than 23.48 percent, but not more than 29.11 percent, of such 
     population, multiplied by 4.0;
       ``(iv) the number of such children who constitute more than 
     29.11 percent, but not more than 36.10 percent, of such 
     population, multiplied by 6.0; and
       ``(v) the number of such children who constitute more than 
     36.10 percent of such population, multiplied by 8.0.
       ``(C) By number of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1124(c) who constitute not more than 834, inclusive, of the 
     agency's total population aged 5 to 17, inclusive, multiplied 
     by 1.0;
       ``(ii) the number of such children between 835 and 2,629, 
     inclusive, in such population, multiplied by 2.0;
       ``(iii) the number of such children between 2,630 and 
     7,668, inclusive, in such population, multiplied by 3.0; and
       ``(iv)(I) in the case of an agency that is not a high 
     poverty percentage local educational agency, the number of 
     such children in excess of 7,668 in such population, 
     multiplied by 3.0; or
       ``(II) in the case of a high poverty percentage local 
     educational agency--

       ``(aa) the number of such children between 7,669 and 
     26,412, inclusive, in such population, multiplied by 4.5; and

[[Page S5082]]

       ``(bb) the number of such children in excess of 26,412 in 
     such population, multiplied by 6.0.

       ``(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 in 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.
       ``(f) Adjustments Where Necessitated by Appropriations.--
       ``(1) In general.--If the sums available under this section 
     for any fiscal year are insufficient to pay the full amounts 
     that all local educational agencies in States are eligible to 
     receive under this section for such year, the Secretary shall 
     ratably reduce the allocations to such local educational 
     agencies, subject to paragraphs (2) and (3).
       ``(2) Additional funds.--If additional funds become 
     available for making payments under this section for such 
     fiscal year, allocations that were reduced under paragraph 
     (1) shall be increased on the same basis as they were 
     reduced.
       ``(3) Hold harmless amounts.--Beginning with the second 
     fiscal year for which amounts are appropriated to carry out 
     this section, and if sufficient funds are available, the 
     amount made available to each local educational agency under 
     this section for a fiscal year shall be--
       ``(A) not less than 95 percent of the amount made available 
     for the preceding fiscal year if the number of children 
     counted under section 1124(c) is equal to or more than 30 
     percent of the total number of children aged 5 to 17 years, 
     inclusive, in the local educational agency;
       ``(B) not less than 90 percent of the amount made available 
     for the preceding fiscal year if the percentage described in 
     subparagraph (A) is less than 30 percent and equal to or more 
     than 15 percent; and
       ``(C) not less than 85 percent of the amount made available 
     for the preceding fiscal year if the percentage described in 
     subparagraph (A) is less than 15 percent.
       ``(4) Applicability.--Notwithstanding any other provision 
     of law, the Secretary shall not take into consideration the 
     hold-harmless provisions of this subsection for any fiscal 
     year for purposes of calculating State or local allocations 
     for the fiscal year under any program administered by the 
     Secretary other than a program authorized under this part.
       ``(g) Definitions.--In this section:
       ``(1) High poverty percentage local educational agency.--
     The term `high poverty percentage local educational agency' 
     means a local educational agency for which the number of 
     children determined under subsection (b) for a fiscal year is 
     20 percent or more of the total population aged 5 to 17, 
     inclusive, of the local educational agency for such fiscal 
     year.
       ``(2) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.''.

     SEC. 1011A. ADEQUACY OF FUNDING RULE.

       Section 1125AA(b) (20 U.S.C. 6336(b)) is amended by 
     striking ``section 1122(a)'' and inserting ``section 
     1122(a)(1)''.

     SEC. 1011B. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

       In section 1125A (20 U.S.C. 6337)--
       (1) in subsection (a), by striking ``under subsection (f)'' 
     and inserting ``under section 1002(a) and made available 
     under section 1122(a)(1)'';
       (2) in subsection (b), by striking ``pursuant to subsection 
     (f)'' and inserting ``made available for this section under 
     section 1122(a)(1)'';
       (3) in subsection (c), by redesignating subparagraphs (A) 
     and (B) as paragraphs (1) and (2), respectively;
       (4) in subsection (d)(1)(A)(ii), by striking ``clause 
     ``(i)'' and inserting ``clause (i)'';
       (5) 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.'';
       (6) by striking subsection (f);
       (7) by redesignating subsection (g) as subsection (f); and
       (8) in subsection (f), as redesignated by paragraph (7)--
       (A) in paragraph (1), by striking ``under this section'' 
     and inserting ``to carry out this section''; and
       (B) in subsection (f)(3), in the matter preceding 
     subparagraph (A), by striking ``shall be'' and inserting 
     ``shall be--''.

     SEC. 1011C. SPECIAL ALLOCATION PROCEDURES.

       Section 1126 (20 U.S.C. 6338) is amended by striking 
     ``sections 1124, 1124A, 1125, and 1125A'' each place the term 
     appears and inserting ``sections 1123, 1124, 1124A, 1125, and 
     1125A''.
                                 ______
                                 
  SA 2248. Mr. BURR (for himself and Mr. Bennet) submitted an amendment 
intended to be proposed to amendment SA 2089 submitted by Mr. Alexander 
(for himself and Mrs. Murray) to the bill S. 1177, to reauthorize the 
Elementary and Secondary Education Act of 1965 to ensure that every 
child achieves; which was ordered to lie on the table; as follows:

       Strike sections 1009, 1010, and 1011 and insert the 
     following:

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

       Section 1121 (20 U.S.C. 6331) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``and 1125A(f)''; and
       (2) in subsection (b)(3)(C)(ii), by striking ``challenging 
     State academic content standards'' and inserting 
     ``challenging State academic standards''.

     SEC. 1010. ALLOCATIONS TO STATES.

       (a) Amendments.--Section 1122 (20 U.S.C. 6332) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Allocation Formula.--
       ``(1) Initial allocation.--For each of fiscal years 2016 
     through 2021 (referred to in this subsection as the `current 
     fiscal year'), the Secretary shall allocate $14,500,000,000 
     of the amount appropriated under section 1002(a) to carry out 
     this part (or, if the total amount appropriated for this part 
     is equal to or less than $14,500,000,000, all of such amount) 
     in accordance with the following:
       ``(A) An amount equal to the amount made available to carry 
     out section 1124 for fiscal year 2001 shall be allocated in 
     accordance with section 1124.
       ``(B) An amount equal to the amount made available to carry 
     out section 1124A for fiscal year 2001 shall be allocated in 
     accordance with section 1124A.
       ``(C) An amount equal to 100 percent of the amount, if any, 
     by which the amount made available under this paragraph for 
     the current fiscal year for which the determination is made 
     exceeds the amount available to carry out sections 1124 and 
     1124A for fiscal year 2001 shall be allocated in accordance 
     with section 1125 and 1125A.
       ``(2) Allocations in excess of $14,500,000,000.--For each 
     of the current fiscal years for which the amounts 
     appropriated under section 1002(a) to carry out this part 
     exceed $14,500,000,000, an amount equal to such excess amount 
     shall be allocated in accordance with section 1123.'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``under this subpart'' and inserting 
     ``under subsection (a)(1) for sections 1124, 1124A, 1125, and 
     1125A''; and
       (ii) by striking ``and 1125'' and inserting ``1125, and 
     1125A''; and
       (B) in paragraph (2)--
       (i) by inserting ``under subsection (a)(1)'' after ``become 
     available''; and
       (ii) by striking ``and 1125'' and inserting ``1125, and 
     1125A'';
       (3) in subsection (c)(1), by inserting ``and to the extent 
     amounts under subsection (a)(1) are available'' after ``For 
     each fiscal year''; and

[[Page S5083]]

       (4) in subsection (d)(1), by striking ``under this 
     subpart'' and inserting ``under subsection (a)(1) for 
     sections 1124, 1124A, 1125, and 1125A''.
       (b) Point of Order.--
       (1) In the senate.--
       (A) In general.--When the Senate is considering a bill or 
     joint resolution making appropriations for a fiscal year, or 
     an amendment thereto, amendment between the Houses in 
     relation thereto, conference report thereon, or motion 
     thereon, if a point of order is made by a Senator against a 
     provision that provides appropriations for part A of title I 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6311 et seq.) in an amount greater than 
     $14,500,000,000 for such year and does not appropriate funds 
     for equity grants under section 1123 of such Act in 
     accordance with section 1122(a)(2) of such Act, as amended by 
     this Act, and the point of order is sustained by the Chair, 
     that provision shall be stricken from the measure and may not 
     be offered as an amendment from the floor.
       (B) Form of the point of order.--In the Senate, a point of 
     order under subparagraph (A) may be raised by a Senator as 
     provided in section 313(e) of the Congressional Budget Act of 
     1974 (2 U.S.C. 644(e)).
       (C) Conference reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill or joint resolution, upon a point of 
     order being made by any Senator pursuant to subparagraph (A), 
     and such point of order being sustained, such material 
     contained in such conference report or House amendment shall 
     be stricken, and the Senate shall proceed to consider the 
     question of whether the Senate shall recede from its 
     amendment and concur with a further amendment, or concur in 
     the House amendment with a further amendment, as the case may 
     be, which further amendment shall consist of only that 
     portion of the conference report or House amendment, as the 
     case may be, not so stricken. Any such motion in the Senate 
     shall be debatable. In any case in which such point of order 
     is sustained against a conference report (or Senate amendment 
     derived from such conference report by operation of this 
     subsection), no further amendment shall be in order.
       (D) Supermajority waiver and appeal.--In the Senate, this 
     paragraph may be waived or suspended only by an affirmative 
     vote of three-fifths of the Members, duly chose and sworn. An 
     affirmative vote of three-fifths of Members of the Senate, 
     duly chosen and sworn shall be required to sustain an appeal 
     of the ruling of the Chair on a point of order raised under 
     this paragraph.
       (2) In the house of representatives.--
       (A) In general.--A provision in a bill or joint resolution 
     making appropriations for a fiscal year that provides 
     appropriations for part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) in 
     an amount greater than $14,500,000,000 for such year and does 
     not appropriate funds for equity grants under section 1123 of 
     such Act in accordance with section 1122(a)(2) of such Act, 
     as amended by this Act, shall not be in order in the House of 
     Representatives.
       (B) Amendments and conference reports.--It shall not be in 
     order in the House of Representatives to consider an 
     amendment to, or a conference report on, a bill or joint 
     resolution making appropriations for a fiscal year if such 
     amendment thereto or conference report thereon provides 
     appropriations for part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) in 
     an amount greater than $14,500,000,000 for such year and does 
     not appropriate funds for equity grants under section 1123 of 
     such Act in accordance with section 1122(a)(2) of such Act, 
     as amended by this Act.
       (3) Exercise of rulemaking powers.--Congress adopts the 
     provisions of this subsection--
       (A) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     they shall be considered as part of the rules of each House 
     or of that House to which they specifically apply, and such 
     rules shall supersede other rules only to the extent that 
     they are inconsistent with such other rules; and
       (B) with full recognition of the constitutional right of 
     either the Senate or the House of Representatives to change 
     those rules (insofar as they relate to that House) at any 
     time, in the same manner, and to the same extent as is the 
     case of any other rule of the Senate or House of 
     Representatives.

     SEC. 1011. EQUITY GRANTS.

       Subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) is 
     amended by inserting after section 1122 the following:

     ``SEC. 1123. EQUITY GRANTS.

       ``(a) Authorization.--From funds appropriated under section 
     1002(a) for a fiscal year and available for allocation 
     pursuant to section 1122(a)(2), the Secretary is authorized 
     to make grants to States, from allotments under subsection 
     (b), to carry out the programs and activities of this part.
       ``(b) Distribution Based Upon Concentrations of Poverty.--
       ``(1) In general.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), funds appropriated pursuant to subsection (a) for a 
     fiscal year shall be allotted to each State based upon the 
     number of children counted under section 1124(c) in such 
     State multiplied by the product of--
       ``(i) 40 percent of the average per-pupil expenditure in 
     the United States (other than the Commonwealth of Puerto 
     Rico); multiplied by
       ``(ii) 1.30 minus such State's equity factor described in 
     paragraph (2).
       ``(B) Puerto rico.--For each fiscal year, the Secretary 
     shall allot to the Commonwealth of Puerto Rico an amount of 
     the funds appropriated under subsection (a) that bears the 
     same relation to the total amount of funds appropriated under 
     such subsection as the amount that the Commonwealth of Puerto 
     Rico received under this subpart for fiscal year 2015 bears 
     to the total amount received by all States for such fiscal 
     year.
       ``(C) State minimum.--Notwithstanding any other provision 
     of this section, from the total amount available for any 
     fiscal year to carry out this section, each State (except for 
     Puerto Rico) shall be allotted at least the lesser of--
       ``(i) 0.35 percent of the total amount available to carry 
     out this section for such fiscal year; or
       ``(ii) the average of--

       ``(I) 0.35 percent of such total amount for such fiscal 
     year; and
       ``(II) 150 percent of the national average grant under this 
     section per child described in section 1124(c), without 
     application of a weighting factor, multiplied by the State's 
     total number of children described in section 1124(c), 
     without application of a weighting factor.

       ``(2) Equity factor.--
       ``(A) Determination.--
       ``(i) In general.--Except as provided in subparagraph (B), 
     the Secretary shall determine the equity factor under this 
     section for each State in accordance with clause (ii).
       ``(ii) Computation.--

       ``(I) In general.--For each State, the Secretary shall 
     compute a weighted coefficient of variation for the per-pupil 
     expenditures of local educational agencies in accordance with 
     subclauses (II), (III), and (IV).
       ``(II) Variation.--In computing coefficients of variation, 
     the Secretary shall weigh the variation between per-pupil 
     expenditures in each local educational agency and the average 
     per-pupil expenditures in the State according to the number 
     of pupils served by the local educational agency.
       ``(III) Number of pupils.--In determining the number of 
     pupils under this paragraph served by each local educational 
     agency and in each State, the Secretary shall multiply the 
     number of children counted under section 1124(c) by a factor 
     of 1.4.
       ``(IV) Enrollment requirement.--In computing coefficients 
     of variation, the Secretary shall include only those local 
     educational agencies with an enrollment of more than 200 
     students.

       ``(B) Special rule.--The equity factor for a State that 
     meets the disparity standard described in section 222.162 of 
     title 34, Code of Federal Regulations (as such section was in 
     effect on the day preceding the date of enactment of the No 
     Child Left Behind Act of 2001) or a State with only one local 
     educational agency shall be not greater than 0.10.
       ``(c) Use of Funds; Eligibility of Local Educational 
     Agencies.--All funds awarded to each State under this section 
     shall be allocated to local educational agencies under the 
     following provisions:
       ``(1) Distribution within local educational agencies.--
     Within local educational agencies, funds allocated under this 
     section shall be distributed to schools on a basis consistent 
     with section 1113, and may only be used to carry out 
     activities under this part.
       ``(2) Eligibility for grant.--A local educational agency in 
     a State is eligible to receive a grant under this section for 
     any fiscal year if--
       ``(A) the number of children in the local educational 
     agency counted under section 1124(c), before application of 
     the weighted child count described in subsection (d), is at 
     least 10; and
       ``(B) if the number of children counted for grants under 
     section 1124(c), before application of the weighted child 
     count described in subsection (d), is at least 5 percent of 
     the total number of children aged 5 to 17 years, inclusive, 
     in the school district of the local educational agency.
       ``(d) Allocation of Funds to Eligible Local Educational 
     Agencies.--
       ``(1) In general.--Funds received by States under this 
     section for a fiscal year shall be allocated within States to 
     eligible local educational agencies on the basis of weighted 
     child counts calculated in accordance with paragraph (2), 
     (3), or (4), as appropriate for each State.
       ``(2) States with an equity factor less than .10.--
       ``(A) In general.--In States with an equity factor less 
     than .10, the weighted child counts referred to in paragraph 
     (1) for a fiscal year shall be the larger of the 2 amounts 
     determined under subparagraphs (B) and (C).
       ``(B) By percentage of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1124(c) for that local educational agency who constitute not 
     more than 17.27 percent, inclusive, of the agency's total 
     population aged 5 to 17, inclusive, multiplied by 1.0;
       ``(ii) the number of such children who constitute more than 
     17.27 percent, but not more than 23.48 percent, of such 
     population, multiplied by 1.75;
       ``(iii) the number of such children who constitute more 
     than 23.48 percent, but not more

[[Page S5084]]

     than 29.11 percent, of such population, multiplied by 2.5;
       ``(iv) the number of such children who constitute more than 
     29.11 percent, but not more than 36.10 percent, of such 
     population, multiplied by 3.25; and
       ``(v) the number of such children who constitute more than 
     36.10 percent of such population, multiplied by 4.0.
       ``(C) By number of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1124(c) who constitute not more than 834, inclusive, of the 
     agency's total population aged 5 to 17, inclusive, multiplied 
     by 1.0;
       ``(ii) the number of such children between 835 and 2,629, 
     inclusive, in such population, multiplied by 1.5;
       ``(iii) the number of such children between 2,630 and 
     7,668, inclusive, in such population, multiplied by 2.0; and
       ``(iv)(I) in the case of an agency that is not a high 
     poverty percentage local educational agency, the number of 
     such children in excess of 7,668 in such population, 
     multiplied by 2.0; or
       ``(II) in the case of a high poverty percentage local 
     educational agency--

       ``(aa) the number of such children between 7,669 and 
     26,412, inclusive, in such population, multiplied by 2.5; and
       ``(bb) the number of such children in excess of 26,412 in 
     such population, multiplied by 3.0.

       ``(3) States with an equity factor greater than or equal to 
     .10 and less than .20.--
       ``(A) In general.--In States with an equity factor greater 
     than or equal to .10 and less than .20, the weighted child 
     counts referred to in paragraph (1) for a fiscal year shall 
     be the larger of the 2 amounts determined under subparagraphs 
     (B) and (C).
       ``(B) By percentage of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1124(c) for that local educational agency who constitute not 
     more than 17.27 percent, inclusive, of the agency's total 
     population aged 5 to 17, inclusive, multiplied by 1.0;
       ``(ii) the number of such children who constitute more than 
     17.27 percent, but not more than 23.48 percent, of such 
     population, multiplied by 1.5;
       ``(iii) the number of such children who constitute more 
     than 23.48 percent, but not more than 29.11 percent, of such 
     population, multiplied by 3.0;
       ``(iv) the number of such children who constitute more than 
     29.11 percent, but not more than 36.10 percent, of such 
     population, multiplied by 4.5; and
       ``(v) the number of such children who constitute more than 
     36.10 percent of such population, multiplied by 6.0.
       ``(C) By number of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1124(c) who constitute not more than 834, inclusive, of the 
     agency's total population aged 5 to 17, inclusive, multiplied 
     by 1.0;
       ``(ii) the number of such children between 835 and 2,629, 
     inclusive, in such population, multiplied by 1.5;
       ``(iii) the number of such children between 2,630 and 
     7,668, inclusive, in such population, multiplied by 2.25; and
       ``(iv)(I) in the case of an agency that is not a high 
     poverty percentage local educational agency, the number of 
     such children in excess of 7,668 in such population, 
     multiplied by 2.25; or
       ``(II) in the case of a high poverty percentage local 
     educational agency--

       ``(aa) the number of such children between 7,669 and 
     26,412, inclusive, in such population, multiplied by 3.375; 
     and
       ``(bb) the number of such children in excess of 26,412 in 
     such population, multiplied by 4.5.

       ``(4) States with an equity factor greater than or equal to 
     .20.--
       ``(A) In general.--In States with an equity factor greater 
     than or equal to .20, the weighted child counts referred to 
     in paragraph (1) for a fiscal year shall be the larger of the 
     2 amounts determined under subparagraphs (B) and (C).
       ``(B) By percentage of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1124(c) for that local educational agency who constitute not 
     more than 17.27 percent, inclusive, of the agency's total 
     population aged 5 to 17, inclusive, multiplied by 1.0;
       ``(ii) the number of such children who constitute more than 
     17.27 percent, but not more than 23.48 percent, of such 
     population, multiplied by 2.0;
       ``(iii) the number of such children who constitute more 
     than 23.48 percent, but not more than 29.11 percent, of such 
     population, multiplied by 4.0;
       ``(iv) the number of such children who constitute more than 
     29.11 percent, but not more than 36.10 percent, of such 
     population, multiplied by 6.0; and
       ``(v) the number of such children who constitute more than 
     36.10 percent of such population, multiplied by 8.0.
       ``(C) By number of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1124(c) who constitute not more than 834, inclusive, of the 
     agency's total population aged 5 to 17, inclusive, multiplied 
     by 1.0;
       ``(ii) the number of such children between 835 and 2,629, 
     inclusive, in such population, multiplied by 2.0;
       ``(iii) the number of such children between 2,630 and 
     7,668, inclusive, in such population, multiplied by 3.0; and
       ``(iv)(I) in the case of an agency that is not a high 
     poverty percentage local educational agency, the number of 
     such children in excess of 7,668 in such population, 
     multiplied by 3.0; or
       ``(II) in the case of a high poverty percentage local 
     educational agency--

       ``(aa) the number of such children between 7,669 and 
     26,412, inclusive, in such population, multiplied by 4.5; and
       ``(bb) the number of such children in excess of 26,412 in 
     such population, multiplied by 6.0.

       ``(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 in 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.
       ``(f) Adjustments Where Necessitated by Appropriations.--
       ``(1) In general.--If the sums available under this section 
     for any fiscal year are insufficient to pay the full amounts 
     that all local educational agencies in States are eligible to 
     receive under this section for such year, the Secretary shall 
     ratably reduce the allocations to such local educational 
     agencies, subject to paragraphs (2) and (3).
       ``(2) Additional funds.--If additional funds become 
     available for making payments under this section for such 
     fiscal year, allocations that were reduced under paragraph 
     (1) shall be increased on the same basis as they were 
     reduced.
       ``(3) Hold harmless amounts.--Beginning with the second 
     fiscal year for which amounts are appropriated to carry out 
     this section, and if sufficient funds are available, the 
     amount made available to each local educational agency under 
     this section for a fiscal year shall be--
       ``(A) not less than 95 percent of the amount made available 
     for the preceding fiscal year if the number of children 
     counted under section 1124(c) is equal to or more than 30 
     percent of the total number of children aged 5 to 17 years, 
     inclusive, in the local educational agency;
       ``(B) not less than 90 percent of the amount made available 
     for the preceding fiscal year if the percentage described in 
     subparagraph (A) is less than 30 percent and equal to or more 
     than 15 percent; and
       ``(C) not less than 85 percent of the amount made available 
     for the preceding fiscal year if the percentage described in 
     subparagraph (A) is less than 15 percent.
       ``(4) Applicability.--Notwithstanding any other provision 
     of law, the Secretary shall not take into consideration the 
     hold-harmless provisions of this subsection for any fiscal 
     year for purposes of calculating State or local allocations 
     for the fiscal year under any program administered by the 
     Secretary other than a program authorized under this part.
       ``(g) Definitions.--In this section:
       ``(1) High poverty percentage local educational agency.--
     The term `high poverty percentage local educational agency' 
     means a local educational agency for which the number of 
     children determined under subsection (b) for a fiscal year is 
     20 percent or more of the total population aged 5 to 17, 
     inclusive, of the local educational agency for such fiscal 
     year.
       ``(2) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.''.

     SEC. 1011A. ADEQUACY OF FUNDING RULE.

       Section 1125AA(b) (20 U.S.C. 6336(b)) is amended by 
     striking ``section 1122(a)'' and inserting ``section 
     1122(a)(1)''.

     SEC. 1011B. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

       In section 1125A (20 U.S.C. 6337)--

[[Page S5085]]

       (1) in subsection (a), by striking ``under subsection (f)'' 
     and inserting ``under section 1002(a) and made available 
     under section 1122(a)(1)'';
       (2) in subsection (b), by striking ``pursuant to subsection 
     (f)'' and inserting ``made available for this section under 
     section 1122(a)(1)'';
       (3) in subsection (c), by redesignating subparagraphs (A) 
     and (B) as paragraphs (1) and (2), respectively;
       (4) in subsection (d)(1)(A)(ii), by striking ``clause 
     ``(i)'' and inserting ``clause (i)'';
       (5) 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.'';
       (6) by striking subsection (f);
       (7) by redesignating subsection (g) as subsection (f); and
       (8) in subsection (f), as redesignated by paragraph (7)--
       (A) in paragraph (1), by striking ``under this section'' 
     and inserting ``to carry out this section''; and
       (B) in subsection (f)(3), in the matter preceding 
     subparagraph (A), by striking ``shall be'' and inserting 
     ``shall be--''.

     SEC. 1011C. SPECIAL ALLOCATION PROCEDURES.

       Section 1126 (20 U.S.C. 6338) is amended by striking 
     ``sections 1124, 1124A, 1125, and 1125A'' each place the term 
     appears and inserting ``sections 1123, 1124, 1124A, 1125, and 
     1125A''.
                                 ______
                                 
  SA 2249. Ms. WARREN (for herself, Mr. Gardner, and Ms. Hirono) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 73, line 12, strike the period at the end and 
     insert the following: ``; and
       ``(N) the State educational agency will provide the 
     information described in clauses (ii), (iii), and (iv) of 
     subsection (d)(1)(C) to the public in an easily accessible 
     and user-friendly manner that can be cross-tabulated by, at a 
     minimum, each major racial and ethnic group, gender, English 
     proficiency, and students with or without disabilities, 
     which--
       ``(i) may be accomplished by including such information on 
     the annual State report card described subsection (d)(1)(C)); 
     and
       ``(ii) shall be presented in a manner that--

       ``(I) is first anonymized and does not reveal personally 
     identifiable information about an individual student;
       ``(II) does not include a number of students in any 
     category of students that is insufficient to yield 
     statistically reliable information or that would reveal 
     personally identifiable information about an individual 
     student; and
       ``(III) is 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').

       ``(3) Rules of construction.--Nothing in paragraph (2)(N) 
     shall be construed to--
       ``(A) require groups of students obtained by any entity 
     that cross-tabulates the information provided under such 
     paragraph to be considered categories of students under 
     subsection (b)(3)(A) for the purposes of the State 
     accountability system under subsection (b)(3); or
       ``(B) to prohibit States from publicly reporting data in a 
     cross-tabulated manner, in order to meet the requirements of 
     paragraph (2)(N).
       ``(4) Technical assistance.--Upon request by a State 
     educational agency, the Secretary shall provide technical 
     assistance to such agency in order to meet the requirements 
     of paragraph (2)(N).
       On page 189, after line 23, insert the following:
       ``(5) Designing the report cards and reports under section 
     1111(d) in an easily accessible, user-friendly manner that 
     cross-tabulates student information by any category the State 
     determines appropriate, as long as such cross-tabulation--
       ``(A) does not reveal personally identifiable information 
     about an individual student; and
       ``(B) is derived from existing State and local reporting 
     requirements and data sources.
       ``(b) Rule of Construction.--Nothing in paragraph (5) 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 this Act.
                                 ______
                                 
  SA 2250. Mr. BENNET (for himself and Mr. Carper) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 336, between lines 4 and 5, insert the following:

 ``PART C--TEACHER, TEACHER LEADER, PRINCIPAL, OR OTHER SCHOOL LEADER 
                                PATHWAYS

       

     ``SEC. 2251. PROGRAM AUTHORIZED.

       ``From the funds made available under section 2256(a) and 
     not reserved under section 2256(b) for each fiscal year, the 
     Secretary is authorized to award grants, on a competitive 
     basis, to eligible entities to enable such eligible entities 
     to create or expand evidence-based programs that provide 
     pathways into teaching, teacher leadership, and school 
     administration that employ innovative approaches to 
     recruitment, competitive selection, preparation, and 
     placement of new teachers, teacher leaders, principals, and 
     other school leaders to teach or lead in and meet the 
     specific needs of local educational agencies with a high 
     share of high-need schools.

     ``SEC. 2252. DEFINITIONS.

       ``In this part:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) one or more institutions of higher education or 
     nonprofit organizations with a demonstrated record of--
       ``(i) preparing teachers, principals, or other school 
     leaders who meet a high standard of performance in the 
     classroom, including by increasing student learning; and
       ``(ii) placing a significant percentage of those teachers, 
     principals, or other school leaders in high-need schools, 
     including in low-performing high-need schools, and, as 
     appropriate within those schools, in high-need fields, 
     subjects, or geographic areas; or
       ``(B) a high-need local educational agency or consortium of 
     such agencies that has--
       ``(i) a demonstrated record of preparing teachers, 
     principals, or other school leaders who meet a high standard 
     of performance, including by increasing student learning; or
       ``(ii) a promising new preparation model that meets the 
     description of evidence-based under subclause (I) or (II) of 
     section 9101(23)(A)(i).
       ``(2) Graduate.--The terms `program graduates', 
     `graduates', and `graduate' may include program participants 
     who are teachers of record, principals, or other school 
     leaders.

     ``SEC. 2253. APPLICATIONS.

       ``(a) In General.--An eligible entity that desires a grant 
     under this part shall submit an application to the Secretary 
     at such time, in such manner, and containing such information 
     and assurances as the Secretary may reasonably require.
       ``(b) Contents.--Each application shall--
       ``(1) describe how the eligible entity will implement an 
     evidence-based teacher, principal, or other school leader 
     preparation program that prepares teachers, principals, or 
     other school leaders to meet a high standard of performance 
     in the classroom or school, including by increasing student 
     learning, and shall include a description of how the eligible 
     entity will--
       ``(A) recruit and competitively select candidates, 
     especially from underrepresented groups, with high potential 
     to be effective teachers, principals, or other school leaders 
     in high-need schools;
       ``(B) prepare candidates to meet the specific needs of 
     high-need schools and, as appropriate within those schools, 
     to teach or lead in high-need fields or subjects, or across 
     the entire school, including providing sustained, rigorous, 
     high-quality school-based clinical preparation and on-the-job 
     support; and
       ``(C) determine if an individual participating in the 
     program is attaining, or has attained, the competencies 
     needed to complete the training and succeed in the classroom 
     or school, and ensure a high standard for exit from the 
     program while providing counseling to individuals who have 
     not attained those competencies needed to complete the 
     training;
       ``(2) identify local educational agencies to be served 
     under the grant and describe how the eligibly entity 
     determined the educator quality needs of each local 
     educational agency and how the activities to be conducted

[[Page S5086]]

     under the grant program will meet such needs;
       ``(3) identify any partners that will be involved in 
     developing or implementing projects under the grant and the 
     role of those partners in implementing the program, including 
     any partner that will provide training to prospective 
     teachers, principals, or other school leaders;
       ``(4) if applying to expand an existing preparation model 
     by an experienced provider to more candidates or to a new 
     geographic area, provide data about the eligible entity's 
     record of producing teachers, principals, or other school 
     leaders who--
       ``(A) have been hired to teach or lead in high-need 
     schools;
       ``(B) meet a high standard of performance in classrooms or 
     in school administration, including increasing student 
     learning; and
       ``(C) have high early career retention rates in high-need 
     schools;
       ``(5) describe how the eligible entity will maintain a 
     system to track and report on the success of program 
     graduates based on multiple measures, including if 
     applicable, as appropriate, and if feasible--
       ``(A) the percentage of graduates who are effective under a 
     State evaluation system, or if the eligible entity operates 
     in a State that has no State evaluation system, a local 
     educational agency evaluation system, that uses multiple 
     measures of educator performance, including student learning 
     and growth, and provides clear, timely, and useful feedback 
     that identifies needs and guides professional development;
       ``(B) student learning, including growth of students taught 
     or lead by the graduate;
       ``(C) the percentage of program participants who become 
     teachers, principals, or other school leaders in a high-need 
     or low-performing school;
       ``(D) the percentage of graduates who remain in high-need 
     schools for 3 years or more;
       ``(E) graduate and supervisor feedback; and
       ``(F) certification pass rate; and
       ``(6) describe how the eligible entity will maintain 
     specialized accreditation or demonstrate that graduates have 
     content and pedagogical knowledge and high-quality clinical 
     preparation, and have met rigorous exit requirements.
       ``(c) Priority.--In awarding grants under this part,--
       ``(1) the Secretary shall give priority to an applicant 
     that includes an entity that will implement or expand a 
     preparation program or activities in a program that has 
     strong or moderate evidence; and
       ``(2) the Secretary may give priority to an application 
     that includes an eligible entity that will rigorously 
     evaluate the program and activities funded by the grant in a 
     manner that will help further build the evidence base in the 
     field relevant to this part.

     ``SEC. 2254. SELECTION CRITERIA.

       ``In awarding grants under this part, the Secretary--
       ``(1) shall consider--
       ``(A) the proposed program's level of evidence; and
       ``(B) the extent to which an eligible entity will--
       ``(i) rigorously evaluate the programs and activities 
     funded by the grant in a manner that will help further build 
     the evidence base in the field relevant to this part;
       ``(ii) comprehensively track and report on the 
     effectiveness of program graduates based on multiple 
     measures, including performance at the classroom or school 
     level, placement and retention in high-need schools, or other 
     indicators of teacher, principal, or other school leader 
     quality, and use data to continuously improve the program;
       ``(iii) prepare prospective teachers, principals, or other 
     school leaders to meet specific local educational agency 
     needs in high-need and low-performing schools;
       ``(iv) if applicable, prepare prospective teachers to teach 
     in high-need fields or subjects within high-need schools;
       ``(v) ensure a high standard for entry to and exit from the 
     program; and
       ``(vi) align the coursework and clinical preparation 
     provided to prospective teachers, principals, or other school 
     leaders being prepared under the grant, as appropriate, with 
     the content areas the individuals will be teaching or 
     leading, the school environment in which the individuals will 
     be working (including significant special populations the 
     individuals may be working with), and the instructional 
     activities the individuals will be expected to perform or 
     lead; and
       ``(2) may consider the extent to which an eligible entity--
       ``(A) allows prospective teachers, principals, or other 
     school leaders being prepared under the grant to demonstrate 
     competency on subject-matter tests;
       ``(B) recruits, competitively selects, and prepares 
     veterans of the Armed Forces (including those recently 
     separated from military service) or candidates from 
     underrepresented groups who--
       ``(i) have strong potential to be effective educators in 
     high-need schools; and
       ``(ii) are interested in beginning a career as a teacher, 
     principal, or other school leader; or
       ``(C) will provide a teacher residency program or a school 
     leader residency program.

     ``SEC. 2255. USES OF FUNDS.

       ``(a) In General.--A recipient of a grant under this part 
     may use grant funds to carry out evidence-based teacher, 
     principal, or other school leader preparation programs that 
     prepare teachers, principals, or other school leaders to meet 
     a high standard of performance in the classroom or school, 
     including by increasing student learning, and to teach and 
     lead in high-need schools, which may include activities to--
       ``(1) rigorously recruit and competitively select 
     candidates with the strongest potential to be effective 
     educators in high-need schools, especially from 
     underrepresented groups;
       ``(2) provide robust, continuous, and high-quality school-
     based clinical experiences, which may include teacher 
     residency programs or school leader residency programs;
       ``(3) develop program participants' ability to analyze 
     quantitative and qualitative student data to inform planning, 
     instructional decisions, and professional development;
       ``(4) train candidates to implement personalized learning 
     environments, tools, resources, and activities, including 
     through the effective use of educational technology;
       ``(5) prepare teachers in classroom management, 
     instructional planning and delivery, subject matter, and 
     teaching skills;
       ``(6) place candidates who are prepared to immediately meet 
     a high standard of performance on the job in teaching or 
     leadership positions in high-need schools and classrooms;
       ``(7) provide induction, mentoring, and support programs 
     for early career program graduates;
       ``(8) train teacher, principal, or other school leader 
     candidates on how to effectively communicate and engage with 
     parents, relatives, and other family members to improve 
     student outcomes; and
       ``(9) provide training and compensation for staff in 
     schools that are used for a proposed clinical portion of the 
     preparation program, as well as the development of curriculum 
     and training materials for such staff.
       ``(b) Stipends, Service, Waiver, Repayment.--
       ``(1) A grantee may use a portion of its grant funds under 
     this part to provide a stipend and other support services for 
     prospective teachers, teacher leaders, principals, or other 
     school leaders selected for programs under the grant.
       ``(2) Where applicable, the grantee shall establish such 
     rules for length of service, waiver of service, repayment 
     requirements, and amount of stipends, for Federal funds used 
     under this part for stipends and other support services for 
     prospective teachers, teacher leaders, principals, or other 
     school leaders selected for programs under the grant, as the 
     Secretary deems appropriate. A grantee shall use any 
     repayment recovered under those rules to carry out additional 
     activities that are consistent with the purpose of this part.

     ``SEC. 2256. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--For the purposes of carrying out this 
     part, there are authorized to be appropriated such sums as 
     may be necessary for each of fiscal years 2016 through 2021.
       ``(b) Reservation.--From the funds made available under 
     subsection (a) for any fiscal year, the Secretary may reserve 
     not more than 5 percent for national leadership activities, 
     including--
       ``(1) technical assistance to grantees; and
       ``(2) evaluation of the effectiveness of the program 
     assisted under this part, which shall be conducted by a third 
     party or by the Institute of Education Sciences.''.
                                 ______
                                 
  SA 2251. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 367, by striking ``using'' on line 9 and all that 
     follows through line 23 and inserting ``by calculating--
       ``(i) the sum of--

       ``(I) 75 percent of the number of individuals age 5 to 21 
     who speak English less than very well in the State, as 
     determined from 3 year estimates through data available from 
     the American Community Survey conducted by the Department of 
     Commerce; and
       ``(II) 25 percent of the number of students who are 
     determined not to be English proficient on the basis of the 
     State's English language proficiency assessment under section 
     1111(b)(2)(G) (which may be multiyear estimates); or

       ``(ii) another combination of the data derived from the 
     sources described in subclauses (I) and (II) of clause (i), 
     except that such combination of data shall include not less 
     than 25 percent of the number of students described in clause 
     (i)(II);
                                 ______
                                 
  SA 2252. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 746, between lines 2 and 3, insert the following:
       (ii) in subparagraph (B), by striking clause (iv) and 
     inserting the following:
       ``(iv)(I) In the case of a local educational agency that 
     has a total student enrollment

[[Page S5087]]

     of fewer than 1,000 students and that has a per-pupil 
     expenditure that is less than the average per-pupil 
     expenditure of the State in which the agency is located or 
     less than the average per-pupil expenditure of all the 
     States, the total percentage used to calculate threshold 
     payments under clause (i) shall not be less than 40 percent.
       ``(II) In the case of a local educational agency that, on 
     the date of enactment of the Every Child Achieves Act of 
     2015, met the description in subclause (I) and whose total 
     student enrollment increases for a subsequent year to--
       ``(aa) more than 999 but not more than 1,100 students, the 
     total percentage used to calculate threshold payments under 
     clause (i) shall not be less than 30 percent, unless such 
     local educational agency would receive a larger payment under 
     subsection (e); or
       ``(bb) more than 1,100 but not more than 1,200 students, 
     the total percentage used to calculate threshold payments 
     under clause (i) shall not be less than 20 percent, unless 
     such local educational agency would receive a larger payment 
     under subsection (e).'';
                                 ______
                                 
  SA 2253. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 146, line 12, after ``1111(b)(3)(B)(iii)'' insert 
     ``which shall include identification of the lowest-performing 
     public schools that receive funds under this part in the 
     State based on the method described in section 
     1111(b)(3)(B)(iii), which shall include at least 5 percent of 
     all the State's public schools that receive funds under this 
     part''.
                                 ______
                                 
  SA 2254. Mr. KING (for himself and Mrs. Capito) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       Beginning on page 587, strike line 15 and all that follows 
     through page 588, line 10, and insert the following:
       ``(2) Eligible technology.--The term `eligible technology' 
     means modern computer, and communication technology software, 
     services, or tools, including computer or mobile devices 
     (which may include any service or device that provides 
     Internet access outside of the school day), 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 (including 
     Internet access outside of the school day), 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. 5702A. RESTRICTION.

       ``Funds awarded under this part shall not be used to 
     address the networking needs of an entity that is eligible to 
     receive support under the E-rate program.
                                 ______
                                 
  SA 2255. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       Beginning on page 228, strike line 21 and all that follows 
     through page 230, line 19, and insert the following:
       ``(a) State Allocations.--
       ``(1) In general.--Except as provided in subsection (b) and 
     paragraph (2), each State (other than the Commonwealth of 
     Puerto Rico) is entitled to receive under this part for a 
     fiscal year an amount equal to--
       ``(A) the sum of
       ``(i) the average number of identified eligible migratory 
     children, aged 3 through 21, residing in the State, based on 
     data for the preceding 3 fiscal years; 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 the previous fiscal year; multiplied by
       ``(B) 40 percent of the average per-pupil expenditure in 
     the State, except that the amount calculated under this 
     paragraph shall not be less than 32 percent, nor more than 48 
     percent, of the average per-pupil expenditure in the United 
     States.
       ``(2) Hold harmless.--Notwithstanding paragraph (1), for 
     each of fiscal years 2016, 2017, and 2018, no State shall 
     receive under this part less than 90 percent of the amount 
     such State received under this part for the previous fiscal 
     year.'';

                          ____________________