[Congressional Record Volume 161, Number 172 (Monday, November 30, 2015)]
[House]
[Pages H8444-H8634]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           CONFERENCE REPORT ON S. 1177, STUDENT SUCCESS ACT

  Mr. KLINE (during the Special Order of Ms. Kelly of Illinois) 
submitted the following conference report and statement on the bill (S. 
1177) to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves:

                Conference Report (to accompany S. 1177)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the House to the bill (S. 
     1177), to reauthorize the Elementary and Secondary Education 
     Act of 1965 to ensure that every child achieves, having met, 
     after full and free conference, have agreed to recommend and 
     do recommend to their respective Houses as follows:
       That the Senate recede from its disagreement to the 
     amendment of the House and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the House 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Every Student Succeeds 
     Act''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Transition.
Sec. 5. Effective dates.
Sec. 6. Table of contents of the Elementary and Secondary Education Act 
              of 1965.

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

     Part A--Improving Basic Programs Operated by State and Local 
                          Educational Agencies

Sec. 1000. Redesignations.

[[Page H8445]]

Sec. 1001. Statement of purpose.
Sec. 1002.  Authorization of appropriations.
Sec. 1003. School improvement.
Sec. 1004. Direct student services.
Sec. 1005. State plans.
Sec. 1006. Local educational agency plans.
Sec. 1007. Eligible school attendance areas.
Sec. 1008. Schoolwide programs.
Sec. 1009. Targeted assistance schools.
Sec. 1010. Parent and family engagement.
Sec. 1011. Participation of children enrolled in private schools.
Sec. 1012. Supplement, not supplant.
Sec. 1013. Coordination requirements.
Sec. 1014. Grants for the outlying areas and the Secretary of the 
              Interior.
Sec. 1015. Allocations to States.
Sec. 1016. Adequacy of funding rule.
Sec. 1017. Education finance incentive grant program.

                    Part B--State Assessment Grants

Sec. 1201. State assessment grants.

                Part C--Education of Migratory Children

Sec. 1301. Education of migratory children.

Part D--Prevention and Intervention Programs for Children and Youth Who 
                 Are Neglected, Delinquent, or At-risk

Sec. 1401. Prevention and intervention programs for children and youth 
              who are neglected, delinquent, or at-risk.

          Part E--Flexibility for Equitable Per-pupil Funding

Sec. 1501. Flexibility for equitable per-pupil funding.

                       Part F--General Provisions

Sec. 1601. General provisions.

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

Sec. 2001. General provisions.
Sec. 2002. Preparing, training, and recruiting high-quality teachers, 
              principals, or other school leaders.

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

Sec. 3001. Redesignation of certain provisions.
Sec. 3002. Authorization of appropriations.
Sec. 3003. English language acquisition, language enhancement, and 
              academic achievement.
Sec. 3004. General provisions.

                     TITLE IV--21ST CENTURY SCHOOLS

Sec. 4001. Redesignations and transfers.
Sec. 4002. General provisions.

         Part A--Student Support and Academic Enrichment Grants

Sec. 4101. Student support and academic enrichment grants.

            Part B--21st Century Community Learning Centers

Sec. 4201. 21st century community learning centers.

     Part C--Expanding Opportunity Through Quality Charter Schools

Sec. 4301. Charter schools.

                   Part D--Magnet Schools Assistance

Sec. 4401. Magnet schools assistance.

            Part E--Family Engagement in Education Programs

Sec. 4501. Family Engagement in Education Programs.

                      Part F--National Activities

Sec. 4601. National activities.

            TITLE V--STATE INNOVATION AND LOCAL FLEXIBILITY

Sec. 5001. General provisions.
Sec. 5002. Funding Transferability for State and Local Educational 
              Agencies.
Sec. 5003. Rural education initiative.
Sec. 5004. General provisions.
Sec. 5005. Review relating to rural local educational agencies.

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

Sec. 6001. Conforming amendments.
Sec. 6002. Indian education.
Sec. 6003. Native Hawaiian education.
Sec. 6004. Alaska Native education.
Sec. 6005. Report on Native American language medium education.
Sec. 6006. Report on responses to Indian student suicides.

                         TITLE VII--IMPACT AID

Sec. 7001. General provisions.
Sec. 7002. Purpose.
Sec. 7003. Payments relating to federal acquisition of real property.
Sec. 7004. Payments for eligible federally connected children.
Sec. 7005. Policies and procedures relating to children residing on 
              Indian lands.
Sec. 7006. Application for payments under sections 7002 and 7003.
Sec. 7007. Construction.
Sec. 7008. Facilities.
Sec. 7009. State consideration of payments in providing state aid.
Sec. 7010. Federal administration.
Sec. 7011. Administrative hearings and judicial review.
Sec. 7012. Definitions.
Sec. 7013. Authorization of appropriations.

                     TITLE VIII--GENERAL PROVISIONS

Sec. 8001. General provisions.
Sec. 8002. Definitions.
Sec. 8003. Applicability of title.
Sec. 8004. Applicability to Bureau of Indian Education operated 
              schools.
Sec. 8005. Consolidation of State administrative funds for elementary 
              and secondary education programs.
Sec. 8006. Consolidation of funds for local administration.
Sec. 8007. Consolidated set-aside for Department of the Interior funds.
Sec. 8008. Department staff.
Sec. 8009. Optional consolidated State plans or applications.
Sec. 8010. General applicability of State educational agency 
              assurances.
Sec. 8011. Rural consolidated plan.
Sec. 8012. Other general assurances.
Sec. 8013. Waivers of statutory and regulatory requirements.
Sec. 8014. Approval and disapproval of State plans and local 
              applications.
Sec. 8015. Participation by private school children and teachers.
Sec. 8016. Standards for by-pass.
Sec. 8017. Complaint process for participation of private school 
              children.
Sec. 8018. By-pass determination process.
Sec. 8019. Maintenance of effort.
Sec. 8020. Prohibition regarding state aid.
Sec. 8021. School prayer.
Sec. 8022. Prohibited uses of funds.
Sec. 8023. Prohibitions.
Sec. 8024. Prohibitions on Federal Government and use of Federal funds.
Sec. 8025. Armed forces recruiter access to students and student 
              recruiting information.
Sec. 8026. Prohibition on federally sponsored testing.
Sec. 8027. Limitations on national testing or certification for 
              teachers, principals, or other school leaders.
Sec. 8028. Prohibition on requiring State participation.
Sec. 8029. Civil rights.
Sec. 8030. Consultation with Indian tribes and tribal organizations.
Sec. 8031. Outreach and technical assistance for rural local 
              educational agencies.
Sec. 8032. Consultation with the Governor.
Sec. 8033. Local governance.
Sec. 8034. Rule of construction regarding travel to and from school.
Sec. 8035. Limitations on school-based health centers.
Sec. 8036. State control over standards.
Sec. 8037. Sense of Congress on protecting student privacy.
Sec. 8038. Prohibition on aiding and abetting sexual abuse.
Sec. 8039. Sense of Congress on restoration of state sovereignty over 
              public education.
Sec. 8040. Privacy.
Sec. 8041. Analysis and periodic review; sense of Congress; technical 
              assistance.
Sec. 8042. Evaluations.

          TITLE IX--EDUCATION FOR THE HOMELESS AND OTHER LAWS

                  Part A--Homeless Children and Youths

Sec. 9101. Statement of policy.
Sec. 9102. Grants for State and local activities.
Sec. 9103. Local educational agency subgrants.
Sec. 9104. Secretarial responsibilities.
Sec. 9105. Definitions.
Sec. 9106. Authorization of appropriations.
Sec. 9107. Effective date.

                   Part B--Miscellaneous; Other Laws

Sec. 9201. Findings and sense of Congress on sexual misconduct.
Sec. 9202. Sense of Congress on First Amendment rights.
Sec. 9203. Preventing improper use of taxpayer funds.
Sec. 9204. Accountability to taxpayers through monitoring and 
              oversight.
Sec. 9205. Report on Department actions to address Office of Inspector 
              General reports.
Sec. 9206. Posthumous pardon.
Sec. 9207. Education Flexibility Partnership Act of 1999 
              reauthorization.
Sec. 9208. Report on the reduction of the number and percentage of 
              students who drop out of school.
Sec. 9209. Report on subgroup sample size.
Sec. 9210. Report on student home access to digital learning resources.
Sec. 9211. Study on the title I formula.
Sec. 9212. Preschool development grants.
Sec. 9213. Review of Federal early childhood education programs.
Sec. 9214. Use of the term ``highly qualified'' in other laws.
Sec. 9215. Additional conforming amendments to other laws.

     SEC. 3. REFERENCES.

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

     SEC. 4. TRANSITION.

       (a) Funding Authority.--
       (1) Multi-year awards.--
       (A) Programs no longer authorized.--Except as otherwise 
     provided in this Act or the amendments made by this Act, the 
     recipient of a multiyear award under the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as 
     in effect on the day before the date of enactment of this 
     Act, under a program that is not authorized under the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.), as amended by this Act, and--
       (i) that is not substantively similar to a program 
     authorized under the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6301 et seq.), as amended by this Act, 
     shall continue to receive funds in accordance with the terms 
     of such prior award, except that no additional funds for such 
     program may be awarded after September 30, 2016; and

[[Page H8446]]

       (ii) that is substantively similar to a program authorized 
     under the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.), as amended by this Act, shall continue 
     to receive funds in accordance with the terms of such prior 
     award.
       (B) Authorized programs.--Except as otherwise provided in 
     this Act, or the amendments made by this Act, the recipient 
     of a multiyear award under a program that was authorized 
     under the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.), as in effect on the day before the date 
     of enactment of this Act, and that is authorized under such 
     Act (20 U.S.C. 6301 et seq.), as amended by this Act, shall 
     continue to receive funds in accordance with the terms of 
     such prior award.
       (2) Planning and transition.--Notwithstanding any other 
     provision of law, a recipient of funds under a program 
     described in paragraph (1)(A)(ii) or (1)(B) may use funds 
     awarded to the recipient under such program, to carry out 
     necessary and reasonable planning and transition activities 
     in order to ensure the recipient's compliance with the 
     amendments to such program made by this Act.
       (b) Orderly Transition.--Subject to subsection 
     (a)(1)(A)(i), the Secretary shall take such steps as are 
     necessary to provide for the orderly transition to, and 
     implementation of, programs authorized under the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6301 et. 
     seq.), as amended by this Act, from programs authorized under 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.), as in effect on the day before the date of 
     enactment of this Act.
       (c) Termination of Certain Waivers.--
       (1) In general.--Notwithstanding any other provision of 
     this Act, and subject to section 5(e)(2), a waiver described 
     in paragraph (2) shall be null and void and have no legal 
     effect on or after August 1, 2016.
       (2) Waivers.--A waiver shall be subject to paragraph (1) if 
     the waiver was granted by the Secretary of Education to a 
     State or consortium of local educational agencies under the 
     program first introduced in a letter to chief State school 
     officers dated September 23, 2011, and authorized under 
     section 9401 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7861), as in effect on the day before the 
     date of enactment of this Act.

     SEC. 5. EFFECTIVE DATES.

       (a) In General.--Except as otherwise provided in this Act, 
     or an amendment made by this Act, this Act, and the 
     amendments made by this Act, shall be effective upon the date 
     of enactment of this Act.
       (b) Noncompetitive Programs.--With respect to 
     noncompetitive programs under the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq) and the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et 
     seq.) under which any funds are allotted by the Secretary of 
     Education to recipients on the basis of a formula, the 
     amendments made by this Act shall be effective beginning on 
     July 1, 2016, except as otherwise provided in such 
     amendments.
       (c) Competitive Programs.--With respect to programs that 
     are conducted by the Secretary of Education on a competitive 
     basis (and are not programs described in subsection (b)) 
     under the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.), the amendments made by this Act with 
     respect to appropriations for use under such programs shall 
     be effective beginning on October 1, 2016, except as 
     otherwise provided in such amendments.
       (d) Impact Aid.--With respect to title VII of the 
     Elementary and Secondary Education Act of 1965, as amended by 
     this Act, the amendments made by this Act shall take effect 
     with respect to appropriations for use under such title 
     beginning fiscal year 2017, except as otherwise provided in 
     such amendments.
       (e) Title I of the Elementary and Secondary Education Act 
     of 1965.--
       (1) Effective dates for section 1111 of the elementary and 
     secondary education act of 1965.--Notwithstanding any other 
     provision of this Act, or the amendments made by this Act, 
     and subject to paragraph (2) of this subsection--
       (A) section 1111(b)(2) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(2)), as in effect on 
     the day before the date of enactment of this Act, shall be 
     effective through the close of August 1, 2016;
       (B) subsections (c) and (d) of section 1111 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311), as amended by this Act, shall take effect beginning 
     with school year 2017-2018; and
       (C) section 1111(b)(2) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(2)), as amended by 
     this Act, and any other provision of section 1111 of such Act 
     (20 U.S.C. 6311), as amended by this Act, which is not 
     described in subparagraph (B) of this paragraph, shall take 
     effect in a manner consistent with subsection (a).
       (2) Special rule.--
       (A) In general.--Notwithstanding any other provision of 
     this Act (including subsection (b) and paragraph (1)), any 
     school or local educational agency described in subparagraph 
     (B) shall continue to implement interventions applicable to 
     such school or local educational agency under clause (i) or 
     (ii) of subparagraph (B) until--
       (i) the State plan for the State in which the school or 
     agency is located under section 1111 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311), as amended 
     by this Act, is approved under such section (20 U.S.C. 6311); 
     or
       (ii) subsections (c) and (d) of section 1111 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311), as amended by this Act, take effect in accordance with 
     paragraph (1)(B),
     whichever occurs first.
       (B) Certain schools and local educational agencies.--A 
     school or local educational agency shall be subject to the 
     requirements of subparagraph (A), if such school or local 
     educational agency has been identified by the State in which 
     the school or local educational agency is located--
       (i) as in need of improvement, corrective action, or 
     restructuring under part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), as 
     in effect on the day before the date of enactment of this 
     Act; or
       (ii) as a priority or focus school under a waiver granted 
     by the Secretary of Education under section 9401 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7861), as in effect on the day before the date of enactment 
     of this Act.

     SEC. 6. TABLE OF CONTENTS OF THE ELEMENTARY AND SECONDARY 
                   EDUCATION ACT OF 1965.

       Section 2 is amended to read as follows:

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

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

``Sec. 1001. Statement of purpose.
``Sec. 1002. Authorization of appropriations.
``Sec. 1003. School improvement.
``Sec. 1003A. Direct student services.
``Sec. 1004. State administration.

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

                ``subpart 1--basic program requirements

``Sec. 1111. State plans.
``Sec. 1112. Local educational agency plans.
``Sec. 1113. Eligible school attendance areas.
``Sec. 1114. Schoolwide programs.
``Sec. 1115. Targeted assistance schools.
``Sec. 1116. Parent and family engagement.
``Sec. 1117. Participation of children enrolled in private schools.
``Sec. 1118. Fiscal requirements.
``Sec. 1119. Coordination requirements.

                        ``subpart 2--allocations

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

                   ``Part B--State Assessment Grants

``Sec. 1201. Grants for State assessments and related activities.
``Sec. 1202. State option to conduct assessment system audit.
``Sec. 1203. Allotment of appropriated funds.
``Sec. 1204. Innovative assessment and accountability demonstration 
              authority.

               ``Part C--Education of Migratory Children

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

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

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

                   ``subpart 1--state agency programs

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

                   ``subpart 2--local agency programs

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

                    ``subpart 3--general provisions

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

         ``Part E--Flexibility for Equitable Per-Pupil Funding

``Sec. 1501. Flexibility for equitable per-pupil funding.

                      ``Part F--General Provisions

``Sec. 1601. Federal regulations.
``Sec. 1602. Agreements and records.
``Sec. 1603. State administration.
``Sec. 1604. Prohibition against Federal mandates, direction, or 
              control.
``Sec. 1605. Rule of construction on equalized spending.

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

``Sec. 2001. Purpose.

[[Page H8447]]

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

               ``Part A--Supporting Effective Instruction

``Sec. 2101. Formula grants to States.
``Sec. 2102. Subgrants to local educational agencies.
``Sec. 2103. Local uses of funds.
``Sec. 2104. Reporting.

                     ``Part B--National Activities

``Sec. 2201. Reservations.

        ``subpart 1--teacher and school leader incentive program

``Sec. 2211. Purposes; definitions.
``Sec. 2212. Teacher and school leader incentive fund grants.
``Sec. 2213. Reports.

    ``subpart 2--literacy education for all, results for the nation

``Sec. 2221. Purposes; definitions.
``Sec. 2222. Comprehensive literacy State development grants.
``Sec. 2223. Subgrants to eligible entities in support of birth through 
              kindergarten entry literacy.
``Sec. 2224. Subgrants to eligible entities in support of kindergarten 
              through grade 12 literacy.
``Sec. 2225. National evaluation and information dissemination.
``Sec. 2226. Innovative approaches to literacy.

           ``subpart 3--american history and civics education

``Sec. 2231. Program authorized.
``Sec. 2232. Presidential and congressional academies for American 
              history and civics.
``Sec. 2233. National activities.

             ``subpart 4--programs of national significance

``Sec. 2241. Funding allotment.
``Sec. 2242. Supporting effective educator development.
``Sec. 2243. School leader recruitment and support.
``Sec. 2244. Technical assistance and national evaluation.
``Sec. 2245. STEM master teacher corps.

                      ``Part C--General Provisions

``Sec. 2301. Supplement, not supplant.
``Sec. 2302. Rules of construction.

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

``Sec. 3001. Authorization of appropriations.

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

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

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

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

             ``subpart 2--accountability and administration

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

                    ``subpart 3--national activities

``Sec. 3131. National professional development project.

                      ``Part B--General Provisions

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

                    ``TITLE IV--21ST CENTURY SCHOOLS

``Sec. 4001. General provisions.

        ``Part A--Student Support and Academic Enrichment Grants

      ``subpart 1--student support and academic enrichment grants

``Sec. 4101. Purpose.
``Sec. 4102. Definitions.
``Sec. 4103. Formula grants to States.
``Sec. 4104. State use of funds.
``Sec. 4105. Allocations to local educational agencies.
``Sec. 4106. Local educational agency applications.
``Sec. 4107. Activities to support well-rounded educational 
              opportunities.
``Sec. 4108. Activities to support safe and healthy students.
``Sec. 4109. Activities to support the effective use of technology.
``Sec. 4110. Supplement, not supplant.
``Sec. 4111. Rule of construction.
``Sec. 4112. Authorization of appropriations.

                      ``subpart 2--internet safety

``4121. Internet safety.

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

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

    ``Part C--Expanding Opportunity Through Quality Charter Schools

``Sec. 4301. Purpose.
``Sec. 4302. Program authorized.
``Sec. 4303. Grants to support high-quality charter schools.
``Sec. 4304. Facilities financing assistance.
``Sec. 4305. National activities.
``Sec. 4306. Federal formula allocation during first year and for 
              successive enrollment expansions.
``Sec. 4307. Solicitation of input from charter school operators.
``Sec. 4308. Records transfer.
``Sec. 4309. Paperwork reduction.
``Sec. 4310. Definitions.
``Sec. 4311. Authorization of appropriations.

                  ``Part D--Magnet Schools Assistance

``Sec. 4401. Findings and purpose.
``Sec. 4402. Definition.
``Sec. 4403. Program authorized.
``Sec. 4404. Eligibility.
``Sec. 4405. Applications and requirements.
``Sec. 4406. Priority.
``Sec. 4407. Use of funds.
``Sec. 4408. Limitations.
``Sec. 4409. Authorization of appropriations; reservation.

           ``Part E--Family Engagement in Education Programs

``Sec. 4501. Purposes.
``Sec. 4502. Grants authorized.
``Sec. 4503. Applications.
``Sec. 4504. Uses of funds.
``Sec. 4505. Family engagement in Indian schools.
``Sec. 4506. Authorization of appropriations.

                     ``Part F--National Activities

``Sec. 4601. Authorization of appropriations; reservations.

             ``subpart 1--education innovation and research

``Sec. 4611. Grants for education innovation and research.

           ``subpart 2--community support for school success

``Sec. 4621. Purposes.
``Sec. 4622. Definitions.
``Sec. 4623. Program authorized.
``Sec. 4624. Promise neighborhoods.
``Sec. 4625. Full-service community schools.

           ``subpart 3--national activities for school safety

``Sec. 4631. National activities for school safety.

                    ``subpart 4--academic enrichment

``Sec. 4641. Awards for academic enrichment.
``Sec. 4642. Assistance for arts education.
``Sec. 4643. Ready to learn programming.
``Sec. 4644. Supporting high-ability learners and learning.

               ``TITLE V--FLEXIBILITY AND ACCOUNTABILITY

   ``Part A--Funding Transferability for State and Local Educational 
                                Agencies

``Sec. 5101. Short title.
``Sec. 5102. Purpose.
``Sec. 5103. Transferability of funds.

                  ``Part B--Rural Education Initiative

``Sec. 5201. Short title.
``Sec. 5202. Purpose.

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

``Sec. 5211. Use of applicable funding.
``Sec. 5212. Grant program authorized.

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

``Sec. 5221. Program authorized.
``Sec. 5222. Use of funds.
``Sec. 5223. Applications.
``Sec. 5224. Report.
``Sec. 5225. Choice of participation.

                      ``Part C--General Provisions

``Sec. 5301. Prohibition against Federal mandates, direction, or 
              control.
``Sec. 5302. Rule of construction on equalized spending.

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

                       ``Part A--Indian Education

``Sec. 6101. Statement of policy.
``Sec. 6102. Purpose.

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

``Sec. 6111. Purpose.
``Sec. 6112. Grants to local educational agencies and tribes.
``Sec. 6113. Amount of grants.
``Sec. 6114. Applications.
``Sec. 6115. Authorized services and activities.
``Sec. 6116. Integration of services authorized.
``Sec. 6117. Student eligibility forms.
``Sec. 6118. Payments.
``Sec. 6119. State educational agency review.

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

``Sec. 6121. Improvement of educational opportunities for Indian 
              children and youth.
``Sec. 6122. Professional development for teachers and education 
              professionals.

                    ``subpart 3--national activities

``Sec. 6131. National research activities.
``Sec. 6132. Grants to tribes for education administrative planning, 
              development, and coordination.
``Sec. 6133. Native American and Alaska Native language immersion 
              schools and programs.

                  ``subpart 4--federal administration

``Sec. 6141. National Advisory Council on Indian Education.
``Sec. 6142. Peer review.
``Sec. 6143. Preference for Indian applicants.
``Sec. 6144. Minimum grant criteria.

       ``subpart 5--definitions; authorizations of appropriations

``Sec. 6151. Definitions.
``Sec. 6152. Authorizations of appropriations.

[[Page H8448]]

                  ``Part B--Native Hawaiian Education

``Sec. 6201. Short title.
``Sec. 6202. Findings.
``Sec. 6203. Purposes.
``Sec. 6204. Native Hawaiian Education Council.
``Sec. 6205. Program authorized.
``Sec. 6206. Administrative provisions.
``Sec. 6207. Definitions.

                   ``Part C--Alaska Native Education

``Sec. 6301. Short title.
``Sec. 6302. Findings.
``Sec. 6303. Purposes.
``Sec. 6304. Program authorized.
``Sec. 6305. Administrative provisions.
``Sec. 6306. Definitions.

                        ``TITLE VII--IMPACT AID

``Sec. 7001. Purpose.
``Sec. 7002. Payments relating to Federal acquisition of real property.
``Sec. 7003. Payments for eligible federally connected children.
``Sec. 7004. Policies and procedures relating to children residing on 
              Indian lands.
``Sec. 7005. Application for payments under sections 7002 and 7003.
``Sec. 7007. Construction.
``Sec. 7008. Facilities.
``Sec. 7009. State consideration of payments in providing State aid.
``Sec. 7010. Federal administration.
``Sec. 7011. Administrative hearings and judicial review.
``Sec. 7012. Forgiveness of overpayments.
``Sec. 7013. Definitions.
``Sec. 7014. Authorization of appropriations.

                    ``TITLE VIII--GENERAL PROVISIONS

                         ``Part A--Definitions

``Sec. 8101. Definitions.
``Sec. 8102. Applicability of title.
``Sec. 8103. Applicability to Bureau of Indian Education operated 
              schools.

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

``Sec. 8201. Consolidation of State administrative funds for elementary 
              and secondary education programs.
``Sec. 8202. Single local educational agency States.
``Sec. 8203. Consolidation of funds for local administration.
``Sec. 8204. Consolidated set-aside for Department of the Interior 
              funds.
``Sec. 8205. Department staff.

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

``Sec. 8301. Purposes.
``Sec. 8302. Optional consolidated State plans or applications.
``Sec. 8303. Consolidated reporting.
``Sec. 8304. General applicability of State educational agency 
              assurances.
``Sec. 8305. Consolidated local plans or applications.
``Sec. 8306. Other general assurances.

                           ``Part D--Waivers

``Sec. 8401. Waivers of statutory and regulatory requirements.

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

``Sec. 8451. Approval and disapproval of State plans.
``Sec. 8452. Approval and disapproval of local educational agency 
              applications.

                      ``Part F--Uniform Provisions

                      ``subpart 1--private schools

``Sec. 8501. Participation by private school children and teachers.
``Sec. 8502. Standards for by-pass.
``Sec. 8503. Complaint process for participation of private school 
              children.
``Sec. 8504. By-pass determination process.
``Sec. 8505. Prohibition against funds for religious worship or 
              instruction.
``Sec. 8506. Private, religious, and home schools.

                     ``subpart 2--other provisions

``Sec. 8521. Maintenance of effort.
``Sec. 8522. Prohibition regarding State aid.
``Sec. 8523. Privacy of assessment results.
``Sec. 8524. School prayer.
``Sec. 8525. Equal access to public school facilities.
``Sec. 8526. Prohibited uses of funds
``Sec. 8526A. Prohibition against Federal mandates, direction, or 
              control.
``Sec. 8527. Prohibitions on Federal Government and use of Federal 
              funds.
``Sec. 8528. Armed Forces recruiter access to students and student 
              recruiting information.
``Sec. 8529. Prohibition on federally sponsored testing.
``Sec. 8530. Limitations on national testing or certification for 
              teachers, principals, or other school leaders.
``Sec. 8530A. Prohibition on requiring State participation.
``Sec. 8531. Prohibition on nationwide database.
``Sec. 8532. Unsafe school choice option.
``Sec. 8533. Prohibition on discrimination.
``Sec. 8534. Civil rights.
``Sec. 8535. Rulemaking.
``Sec. 8536. Severability.
``Sec. 8537. Transfer of school disciplinary records.
``Sec. 8538. Consultation with Indian tribes and tribal organizations.
``Sec. 8539. Outreach and technical assistance for rural local 
              educational agencies.
``Sec. 8540. Consultation with the Governor.
``Sec. 8541. Local governance.
``Sec. 8542. Rule of construction regarding travel to and from school.
``Sec. 8543. Limitations on school-based health centers.
``Sec. 8544. State control over standards.
``Sec. 8545. Sense of Congress on protecting student privacy.
``Sec. 8546. Prohibition on aiding and abetting sexual abuse.
``Sec. 8547. Sense of Congress on restoration of State sovereignty over 
              public education.
``Sec. 8548. Privacy.
``Sec. 8549. Analysis and periodic review of departmental guidance.
``Sec. 8549A. Sense of Congress.
``Sec. 8549B. Sense of Congress on early learning and child care.
``Sec. 8549C. Technical assistance.

               ``subpart 3--teacher liability protection

``Sec. 8551. Short title.
``Sec. 8552. Purpose.
``Sec. 8553. Definitions.
``Sec. 8554. Applicability.
``Sec. 8555. Preemption and election of State nonapplicability.
``Sec. 8556. Limitation on liability for teachers.
``Sec. 8557. Allocation of responsibility for noneconomic loss.
``Sec. 8558. Effective date.

                      ``subpart 4--gun possession

``Sec. 8561. Gun-free requirements.

                ``subpart 5--environmental tobacco smoke

``Sec. 8571. Short title.
``Sec. 8572. Definitions.
``Sec. 8573. Nonsmoking policy for children's services.
``Sec. 8574. Preemption.

                         ``Part G--Evaluations

``Sec. 8601. Evaluations.''.
     TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL 
                          EDUCATIONAL AGENCIES

     PART A--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL 
                          EDUCATIONAL AGENCIES

     SEC. 1000. REDESIGNATIONS.

       Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is 
     amended--
       (1) by striking sections 1116, 1117, and 1119;
       (2) by redesignating section 1118 as section 1116;
       (3) by redesignating section 1120 as section 1117;
       (4) by redesignating section 1120A as section 1118; and
       (5) by redesignating section 1120B as section 1119.

     SEC. 1001. STATEMENT OF PURPOSE.

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

     ``SEC. 1001. STATEMENT OF PURPOSE.

       ``The purpose of this title is to provide all children 
     significant opportunity to receive a fair, equitable, and 
     high-quality education, and to close educational achievement 
     gaps.''.

     SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

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

     ``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

       ``(a)  Local Educational Agency Grants.--There are 
     authorized to be appropriated to carry out the activities 
     described in part A--
       ``(1) $15,012,317,605 for fiscal year 2017;
       ``(2) $15,457,459,042 for fiscal year 2018;
       ``(3) $15,897,371,442 for fiscal year 2019; and
       ``(4) $16,182,344,591 for fiscal year 2020.
       ``(b) State Assessments.--There are authorized to be 
     appropriated to carry out the activities described in part B, 
     $378,000,000 for each of fiscal years 2017 through 2020.
       ``(c) Education of Migratory Children.--There are 
     authorized to be appropriated to carry out the activities 
     described in part C, $374,751,000 for each of fiscal years 
     2017 through 2020.
       ``(d) Prevention and Intervention Programs for Children and 
     Youth Who Are Neglected, Delinquent, or At-risk.--There are 
     authorized to be appropriated to carry out the activities 
     described in part D, $47,614,000 for each of fiscal years 
     2017 through 2020.
       ``(e) Federal Activities.--For the purpose of carrying out 
     evaluation activities related to title I under section 8601, 
     there are authorized to be appropriated $710,000 for each of 
     fiscal years 2017 through 2020.
       ``(f) Sense of Congress Regarding Adjustments to 
     Authorizations of Appropriations Provided in This Act for 
     Future Budget Agreements.--It is the sense of Congress that 
     if legislation is enacted that revises the limits on 
     discretionary spending established under section 251(c) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (2 U.S.C. 901(c)), the levels of appropriations authorized 
     throughout this Act should be adjusted in a manner that is 
     consistent with the adjustments in nonsecurity category 
     funding provided for under the revised limits on 
     discretionary spending.''.

     SEC. 1003. SCHOOL IMPROVEMENT.

       Section 1003 (20 U.S.C. 6303) is amended to read as 
     follows:

     ``SEC. 1003. SCHOOL IMPROVEMENT.

       ``(a) State Reservations.--To carry out subsection (b) and 
     the State educational agency's statewide system of technical 
     assistance and support for local educational agencies, each 
     State shall reserve the greater of--
       ``(1) 7 percent of the amount the State receives under 
     subpart 2 of part A; or
       ``(2) the sum of the amount the State--
       ``(A) reserved for fiscal year 2016 under this subsection, 
     as in effect on the day before the date of enactment of the 
     Every Student Succeeds Act; and

[[Page H8449]]

       ``(B) received for fiscal year 2016 under subsection (g), 
     as in effect on the day before the date of enactment of the 
     Every Student Succeeds Act.
       ``(b) Uses.--Of the amount reserved under subsection (a) 
     for any fiscal year, the State educational agency--
       ``(1)(A) shall allocate not less than 95 percent of that 
     amount to make grants to local educational agencies on a 
     formula or competitive basis, to serve schools implementing 
     comprehensive support and improvement activities or targeted 
     support and improvement activities under section 1111(d); or
       ``(B) may, with the approval of the local educational 
     agency, directly provide for these activities or arrange for 
     their provision through other entities such as school support 
     teams, educational service agencies, or nonprofit or for-
     profit external providers with expertise in using evidence-
     based strategies to improve student achievement, instruction, 
     and schools; and
       ``(2) shall use the funds not allocated to local 
     educational agencies under paragraph (1) to carry out this 
     section, which shall include--
       ``(A) establishing the method, consistent with paragraph 
     (1)(A), the State will use to allocate funds to local 
     educational agencies under such paragraph, including 
     ensuring--
       ``(i) the local educational agencies receiving an allotment 
     under such paragraph represent the geographic diversity of 
     the State; and
       ``(ii) that allotments are of sufficient size to enable a 
     local educational agency to effectively implement selected 
     strategies;
       ``(B) monitoring and evaluating the use of funds by local 
     educational agencies receiving an allotment under such 
     paragraph; and
       ``(C) as appropriate, reducing barriers and providing 
     operational flexibility for schools in the implementation of 
     comprehensive support and improvement activities or targeted 
     support and improvement activities under section 1111(d).
       ``(c) Duration.--The State educational agency shall award 
     each subgrant under subsection (b) for a period of not more 
     than 4 years, which may include a planning year.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed as prohibiting a State from allocating subgrants 
     under this section to a statewide school district, consortium 
     of local educational agencies, or an educational service 
     agency that serves schools implementing comprehensive support 
     and improvement activities or targeted support and 
     improvement activities, if such entities are legally 
     constituted or recognized as local educational agencies in 
     the State.
       ``(e) Application.--To receive an allotment under 
     subsection (b)(1), a local educational agency shall submit an 
     application to the State educational agency at such time, in 
     such form, and including such information as the State 
     educational agency may require. Each application shall 
     include, at a minimum--
       ``(1) a description of how the local educational agency 
     will carry out its responsibilities under section 1111(d) for 
     schools receiving funds under this section, including how the 
     local educational agency will--
       ``(A) develop comprehensive support and improvement plans 
     under section 1111(d)(1) for schools receiving funds under 
     this section;
       ``(B) support schools developing or implementing targeted 
     support and improvement plans under section 1111(d)(2), if 
     funds received under this section are used for such purpose;
       ``(C) monitor schools receiving funds under this section, 
     including how the local educational agency will carry out its 
     responsibilities under clauses (iv) and (v) of section 
     1111(d)(2)(B) if funds received under this section are used 
     to support schools implementing targeted support and 
     improvement plans;
       ``(D) use a rigorous review process to recruit, screen, 
     select, and evaluate any external partners with whom the 
     local educational agency will partner;
       ``(E) align other Federal, State, and local resources to 
     carry out the activities supported with funds received under 
     subsection (b)(1); and
       ``(F) as appropriate, modify practices and policies to 
     provide operational flexibility that enables full and 
     effective implementation of the plans described in paragraphs 
     (1) and (2) of section 1111(d); and
       ``(2) an assurance that each school the local educational 
     agency proposes to serve will receive all of the State and 
     local funds it would have received in the absence of funds 
     received under this section.
       ``(f) Priority.--The State educational agency, in 
     allocating funds to local educational agencies under this 
     section, shall give priority to local educational agencies 
     that--
       ``(1) serve high numbers, or a high percentage of, 
     elementary schools and secondary schools implementing plans 
     under paragraphs (1) and (2) of section 1111(d);
       ``(2) demonstrate the greatest need for such funds, as 
     determined by the State; and
       ``(3) demonstrate the strongest commitment to using funds 
     under this section to enable the lowest-performing schools to 
     improve student achievement and student outcomes.
       ``(g) Unused Funds.--If, after consultation with local 
     educational agencies in the State, the State educational 
     agency determines that the amount of funds reserved to carry 
     out subsection (b) is greater than the amount needed to 
     provide the assistance described in that subsection, the 
     State educational agency shall allocate the excess amount to 
     local educational agencies in accordance with--
       ``(1) the relative allocations the State educational agency 
     made to those agencies for that fiscal year under subpart 2 
     of part A; or
       ``(2) section 1126(c).
       ``(h) Special Rule.--Notwithstanding any other provision of 
     this section, the amount of funds reserved by the State 
     educational agency under subsection (a) for fiscal year 2018 
     and each subsequent fiscal year shall not decrease the amount 
     of funds each local educational agency receives under subpart 
     2 of part A below the amount received by such local 
     educational agency under such subpart for the preceding 
     fiscal year.
       ``(i) Reporting.--The State shall include in the report 
     described in section 1111(h)(1) a list of all the local 
     educational agencies and schools that received funds under 
     this section, including the amount of funds each school 
     received and the types of strategies implemented in each 
     school with such funds.''.

     SEC. 1004. DIRECT STUDENT SERVICES.

       The Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.) is amended by inserting after section 
     1003 (20 U.S.C. 6303) the following:

     ``SEC. 1003A. DIRECT STUDENT SERVICES.

       ``(a) State Reservation.--
       ``(1) In general.--
       ``(A) States.--Each State educational agency, after 
     meaningful consultation with geographically diverse local 
     educational agencies described in subparagraph (B), may 
     reserve not more than 3 percent of the amount the State 
     educational agency receives under subpart 2 of part A for 
     each fiscal year to carry out this section.
       ``(B) Consultation.--A State educational agency shall 
     consult under subparagraph (A) with local educational 
     agencies that include--
       ``(i) suburban, rural, and urban local educational 
     agencies;
       ``(ii) local educational agencies serving a high percentage 
     of schools identified by the State for comprehensive support 
     and improvement under section 1111(c)(4)(D)(i); and
       ``(iii) local educational agencies serving a high 
     percentage of schools implementing targeted support and 
     improvement plans under section 1111(d)(2).
       ``(2) Program administration.--Of the funds reserved under 
     paragraph (1)(A), the State educational agency may use not 
     more than 1 percent to administer the program described in 
     this section.
       ``(b) Awards.--
       ``(1) In general.--From the amount reserved under 
     subsection (a) by a State educational agency, the State 
     educational agency shall award grants to geographically 
     diverse local educational agencies described in subsection 
     (a)(1)(B)(i).
       ``(2) Priority.--In making such awards, the State 
     educational agency shall prioritize awards to local 
     educational agencies serving the highest percentage of 
     schools, as compared to other local educational agencies in 
     the State--
       ``(A) identified by the State for comprehensive support and 
     improvement under section 1111(c)(4)(D)(i); or
       ``(B) implementing targeted support and improvement plans 
     under section 1111(d)(2).
       ``(c) Local Use of Funds.--A local educational agency 
     receiving an award under this section--
       ``(1) may use not more than 1 percent of its award for 
     outreach and communication to parents about available direct 
     student services described in paragraph (3) in the local 
     educational agency and State;
       ``(2) may use not more than 2 percent of its award for 
     administrative costs related to such direct student services;
       ``(3) shall use the remainder of the award to pay the costs 
     associated with one or more of the following direct student 
     services--
       ``(A) enrollment and participation in academic courses not 
     otherwise available at a student's school, including--
       ``(i) advanced courses; and
       ``(ii) career and technical education coursework that--

       ``(I) is aligned with the challenging State academic 
     standards; and
       ``(II) leads to industry-recognized credentials that meet 
     the quality criteria established by the State under section 
     123(a) of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3102);

       ``(B) credit recovery and academic acceleration courses 
     that lead to a regular high school diploma;
       ``(C) activities that assist students in successfully 
     completing postsecondary level instruction and examinations 
     that are accepted for credit at institutions of higher 
     education (including Advanced Placement and International 
     Baccalaureate courses), which may include reimbursing low-
     income students to cover part or all of the costs of fees for 
     such examinations;
       ``(D) components of a personalized learning approach, which 
     may include high-quality academic tutoring; and
       ``(E) in the case of a local educational agency that does 
     not reserve funds under section 1111(d)(1)(D)(v), 
     transportation to allow a student enrolled in a school 
     identified for comprehensive support and improvement under 
     section 1111(c)(4)(D)(i) to transfer to another public school 
     (which may include a charter school) that has not been 
     identified by the State under such section; and
       ``(4) in paying the costs associated with the direct 
     student services described in paragraph (3), shall--
       ``(A) first, pay such costs for students who are enrolled 
     in schools identified by the State for comprehensive support 
     and improvement under section 1111(c)(4)(D)(i);
       ``(B) second, pay such costs for low-achieving students who 
     are enrolled in schools implementing targeted support and 
     improvement plans under section 1111(d)(2); and
       ``(C) with any remaining funds, pay such costs for other 
     low-achieving students served by the local educational 
     agency.
       ``(d) Application.--A local educational agency desiring to 
     receive an award under subsection (b) shall submit an 
     application to the State educational agency at such time and 
     in such manner as the State educational agency

[[Page H8450]]

     shall require. At a minimum, each application shall describe 
     how the local educational agency will--
       ``(1) provide adequate outreach to ensure parents can 
     exercise a meaningful choice of direct student services for 
     their child's education;
       ``(2) ensure parents have adequate time and information to 
     make a meaningful choice prior to enrolling their child in a 
     direct student service;
       ``(3) in the case of a local educational agency offering 
     public school choice under this section, ensure sufficient 
     availability of seats in the public schools the local 
     educational agency will make available for public school 
     choice options;
       ``(4) prioritize services to students who are lowest-
     achieving;
       ``(5) select providers of direct student services, which 
     may include one or more of--
       ``(A) the local educational agency or other local 
     educational agencies;
       ``(B) community colleges or other institutions of higher 
     education;
       ``(C) non-public entities;
       ``(D) community-based organizations; or
       ``(E) in the case of high-quality academic tutoring, a 
     variety of providers of such tutoring that are selected and 
     approved by the State and appear on the State's list of such 
     providers required under subsection (e)(2);
       ``(6) monitor the provision of direct student services; and
       ``(7) publicly report the results of direct student service 
     providers in improving relevant student outcomes in a manner 
     that is accessible to parents.
       ``(e) Providers and Schools.--A State educational agency 
     that reserves an amount under subsection (a) shall--
       ``(1) ensure that each local educational agency that 
     receives an award under this section and intends to provide 
     public school choice under subsection (c)(3)(E) can provide a 
     sufficient number of options to provide a meaningful choice 
     for parents;
       ``(2) compile and maintain an updated list of State-
     approved high-quality academic tutoring providers that--
       ``(A) is developed using a fair negotiation and rigorous 
     selection and approval process;
       ``(B) provides parents with meaningful choices;
       ``(C) offers a range of tutoring models, including online 
     and on campus; and
       ``(D) includes only providers that--
       ``(i) have a demonstrated record of success in increasing 
     students' academic achievement;
       ``(ii) comply with all applicable Federal, State, and local 
     health, safety, and civil rights laws; and
       ``(iii) provide instruction and content that is secular, 
     neutral, and non-ideological;
       ``(3) ensure that each local educational agency receiving 
     an award is able to provide an adequate number of high-
     quality academic tutoring options to ensure parents have a 
     meaningful choice of services;
       ``(4) develop and implement procedures for monitoring the 
     quality of services provided by direct student service 
     providers; and
       ``(5) establish and implement clear criteria describing the 
     course of action for direct student service providers that 
     are not successful in improving student academic outcomes, 
     which, for a high-quality academic tutoring provider, may 
     include a process to remove State approval under paragraph 
     (2).''.

     SEC. 1005. STATE PLANS.

       Section 1111 (20 U.S.C. 6311) is amended to read as 
     follows:

     ``SEC. 1111. STATE PLANS.

       ``(a) Filing for Grants.--
       ``(1) In general.--For any State desiring to receive a 
     grant under this part, the State educational agency shall 
     file with the Secretary a plan that is--
       ``(A) developed by the State educational agency with timely 
     and meaningful consultation with the Governor, members of the 
     State legislature and State board of education (if the State 
     has a State board of education), local educational agencies 
     (including those located in rural areas), representatives of 
     Indian tribes located in the State, teachers, principals, 
     other school leaders, charter school leaders (if the State 
     has charter schools), specialized instructional support 
     personnel, paraprofessionals, administrators, other staff, 
     and parents; and
       ``(B) is coordinated with other programs under this Act, 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1400 et seq.), the Rehabilitation Act of 1973 (20 U.S.C. 701 
     et seq.), the Carl D. Perkins Career and Technical Education 
     Act of 2006 (20 U.S.C. 2301 et seq.), the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3101 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.), 
     the Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et 
     seq.), the Education Technical Assistance Act of 2002 (20 
     U.S.C. 9601 et. seq.), the National Assessment of Educational 
     Progress Authorization Act (20 U.S.C. 9621 et seq.), the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et 
     seq.), and the Adult Education and Family Literacy Act (29 
     U.S.C. 3271 et seq.).
       ``(2) Limitation.--Consultation required under paragraph 
     (1)(A) shall not interfere with the timely submission of the 
     plan required under this section.
       ``(3) Consolidated plan.--A State plan submitted under 
     paragraph (1) may be submitted as part of a consolidated plan 
     under section 8302.
       ``(4) Peer review and secretarial approval.--
       ``(A) In general.--The Secretary shall--
       ``(i) establish a peer-review process to assist in the 
     review of State plans;
       ``(ii) establish multidisciplinary peer-review teams and 
     appoint members of such teams--

       ``(I) who are representative of--

       ``(aa) parents, teachers, principals, other school leaders, 
     specialized instructional support personnel, State 
     educational agencies, local educational agencies, and the 
     community (including the business community); and
       ``(bb) researchers who are familiar with--
       ``(AA) the implementation of academic standards, 
     assessments, or accountability systems; and
       ``(BB) how to meet the needs of disadvantaged students, 
     children with disabilities, and English learners, the needs 
     of low-performing schools, and other educational needs of 
     students;

       ``(II) that include, to the extent practicable, majority 
     representation of individuals who, in the most recent 2 
     years, have had practical experience in the classroom, school 
     administration, or State or local government (such as direct 
     employees of a school, local educational agency, or State 
     educational agency); and
       ``(III) who represent a regionally diverse cross-section of 
     States;

       ``(iii) make available to the public, including by such 
     means as posting to the Department's website, the list of 
     peer reviewers who have reviewed State plans under this 
     section;
       ``(iv) ensure that the peer-review teams consist of varied 
     individuals so that the same peer reviewers are not reviewing 
     all of the State plans;
       ``(v) approve a State plan not later than 120 days after 
     its submission, unless the Secretary meets the requirements 
     of clause (vi);
       ``(vi) have the authority to disapprove a State plan only 
     if--

       ``(I) the Secretary--

       ``(aa) determines how the State plan fails to meet the 
     requirements of this section;
       ``(bb) immediately provides to the State, in writing, 
     notice of such determination, and the supporting information 
     and rationale to substantiate such determination;
       ``(cc) offers the State an opportunity to revise and 
     resubmit its State plan, and provides the State--
       ``(AA) technical assistance to assist the State in meeting 
     the requirements of this section;
       ``(BB) in writing, all peer-review comments, suggestions, 
     recommendations, or concerns relating to its State plan; and
       ``(CC) a hearing, unless the State declines the opportunity 
     for such hearing; and

       ``(II) the State--

       ``(aa) does not revise and resubmit its State plan; or
       ``(bb) in a case in which a State revises and resubmits its 
     State plan after a hearing is conducted under subclause 
     (I)(cc)(CC), or after the State has declined the opportunity 
     for such a hearing, the Secretary determines that such 
     revised State plan does not meet the requirements of this 
     section.
       ``(B) Purpose of peer review.--The peer-review process 
     shall be designed to--
       ``(i) maximize collaboration with each State;
       ``(ii) promote effective implementation of the challenging 
     State academic standards through State and local innovation; 
     and
       ``(iii) provide transparent, timely, and objective feedback 
     to States designed to strengthen the technical and overall 
     quality of the State plans.
       ``(C) Standard and nature of review.--Peer reviewers shall 
     conduct an objective review of State plans in their totality 
     and out of respect for State and local judgments, with the 
     goal of supporting State- and local-led innovation and 
     providing objective feedback on the technical and overall 
     quality of a State plan.
       ``(D) Prohibition.--Neither the Secretary nor the political 
     appointees of the Department, may attempt to participate in, 
     or influence, the peer-review process.
       ``(5) Public review.--All written communications, feedback, 
     and notifications under this subsection shall be conducted in 
     a manner that is transparent and immediately made available 
     to the public on the Department's website, including--
       ``(A) plans submitted or resubmitted by a State;
       ``(B) peer-review guidance, notes, and comments and the 
     names of the peer reviewers (once the peer reviewers have 
     completed their work);
       ``(C) State plan determinations by the Secretary, including 
     approvals or disapprovals; and
       ``(D) notices and transcripts of hearings under this 
     section.
       ``(6) Duration of the plan.--
       ``(A) In general.--Each State plan shall--
       ``(i) remain in effect for the duration of the State's 
     participation under this part; and
       ``(ii) be periodically reviewed and revised as necessary by 
     the State educational agency to reflect changes in the 
     State's strategies and programs under this part.
       ``(B) Additional information.--
       ``(i) In general.--If a State makes significant changes to 
     its plan at any time, such as the adoption of new challenging 
     State academic standards or new academic assessments under 
     subsection (b), or changes to its accountability system under 
     subsection (c), such information shall be submitted to the 
     Secretary in the form of revisions or amendments to the State 
     plan.
       ``(ii) Review of revised plans.--The Secretary shall review 
     the information submitted under clause (i) and approve 
     changes to the State plan, or disapprove such changes in 
     accordance with paragraph (4)(A)(vi), within 90 days, without 
     undertaking the peer-review process under such paragraph.
       ``(iii) Special rule for standards.--If a State makes 
     changes to its challenging State academic standards, the 
     requirements of subsection (b)(1), including the requirement 
     that such standards need not be submitted to the Secretary 
     pursuant to subsection (b)(1)(A), shall still apply.
       ``(7) Failure to meet requirements.--If a State fails to 
     meet any of the requirements of this section, the Secretary 
     may withhold funds for State administration under this part 
     until

[[Page H8451]]

     the Secretary determines that the State has fulfilled those 
     requirements.
       ``(8) Public comment.--Each State shall make the State plan 
     publicly available for public comment for a period of not 
     less than 30 days, by electronic means and in an easily 
     accessible format, prior to submission to the Secretary for 
     approval under this subsection. The State, in the plan it 
     files under this subsection, shall provide an assurance that 
     public comments were taken into account in the development of 
     the State plan.
       ``(b) Challenging Academic Standards and Academic 
     Assessments.--
       ``(1) Challenging state academic standards.--
       ``(A) In general.--Each State, in the plan it files under 
     subsection (a), shall provide an assurance that the State has 
     adopted challenging academic content standards and aligned 
     academic achievement standards (referred to in this Act as 
     `challenging State academic standards'), which achievement 
     standards shall include not less than 3 levels of 
     achievement, that will be used by the State, its local 
     educational agencies, and its schools to carry out this part. 
     A State shall not be required to submit such challenging 
     State academic standards to the Secretary.
       ``(B) Same standards.--Except as provided in subparagraph 
     (E), the standards required by subparagraph (A) shall--
       ``(i) apply to all public schools and public school 
     students in the State; and
       ``(ii) with respect to academic achievement standards, 
     include the same knowledge, skills, and levels of achievement 
     expected of all public school students in the State.
       ``(C) Subjects.--The State shall have such academic 
     standards for mathematics, reading or language arts, and 
     science, and may have such standards for any other subject 
     determined by the State.
       ``(D) Alignment.--
       ``(i) In general.--Each State shall demonstrate that the 
     challenging State academic standards are aligned with 
     entrance requirements for credit-bearing coursework in the 
     system of public higher education in the State and relevant 
     State career and technical education standards.
       ``(ii) Rule of construction.--Nothing in this Act shall be 
     construed to authorize public institutions of higher 
     education to determine the specific challenging State 
     academic standards required under this paragraph.
       ``(E) Alternate academic achievement standards for students 
     with the most significant cognitive disabilities.--
       ``(i) In general.--The State may, through a documented and 
     validated standards-setting process, adopt alternate academic 
     achievement standards for students with the most significant 
     cognitive disabilities, provided those standards--

       ``(I) are aligned with the challenging State academic 
     content standards under subparagraph (A);
       ``(II) promote access to the general education curriculum, 
     consistent with the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.);
       ``(III) reflect professional judgment as to the highest 
     possible standards achievable by such students;
       ``(IV) are designated in the individualized education 
     program developed under section 614(d)(3) of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1414(d)(3)) for 
     each such student as the academic achievement standards that 
     will be used for the student; and
       ``(V) are aligned to ensure that a student who meets the 
     alternate academic achievement standards is on track to 
     pursue postsecondary education or employment, consistent with 
     the purposes of Public Law 93-112, as in effect on July 22, 
     2014.

       ``(ii) Prohibition on any other alternate or modified 
     academic achievement standards.--A State shall not develop, 
     or implement for use under this part, any alternate academic 
     achievement standards for children with disabilities that are 
     not alternate academic achievement standards that meet the 
     requirements of clause (i).
       ``(F) English language proficiency standards.--Each State 
     plan shall demonstrate that the State has adopted English 
     language proficiency standards that--
       ``(i) are derived from the 4 recognized domains of 
     speaking, listening, reading, and writing;
       ``(ii) address the different proficiency levels of English 
     learners; and
       ``(iii) are aligned with the challenging State academic 
     standards.
       ``(G) Prohibitions.--
       ``(i) Standards review or approval.--A State shall not be 
     required to submit any standards developed under this 
     subsection to the Secretary for review or approval.
       ``(ii) Federal control.--The Secretary shall not have the 
     authority to mandate, direct, control, coerce, or exercise 
     any direction or supervision over any of the challenging 
     State academic standards adopted or implemented by a State.
       ``(H) Existing standards.--Nothing in this part shall 
     prohibit a State from revising, consistent with this section, 
     any standards adopted under this part before or after the 
     date of enactment of the Every Student Succeeds Act.
       ``(2) Academic assessments.--
       ``(A) In general.--Each State plan shall demonstrate that 
     the State educational agency, in consultation with local 
     educational agencies, has implemented a set of high-quality 
     student academic assessments in mathematics, reading or 
     language arts, and science. The State retains the right to 
     implement such assessments in any other subject chosen by the 
     State.
       ``(B) Requirements.--The assessments under subparagraph (A) 
     shall--
       ``(i) except as provided in subparagraph (D), be--

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

       ``(ii) be aligned with the challenging State academic 
     standards, and provide coherent and timely information about 
     student attainment of such standards and whether the student 
     is performing at the student's grade level;
       ``(iii) be used for purposes for which such assessments are 
     valid and reliable, consistent with relevant, nationally 
     recognized professional and technical testing standards, 
     objectively measure academic achievement, knowledge, and 
     skills, and be tests that do not evaluate or assess personal 
     or family beliefs and attitudes, or publicly disclose 
     personally identifiable information;
       ``(iv) be of adequate technical quality for each purpose 
     required under this Act and consistent with the requirements 
     of this section, the evidence of which shall be made public, 
     including on the website of the State educational agency;
       ``(v)(I) in the case of mathematics and reading or language 
     arts, be administered--

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

       ``(II) in the case of science, be administered not less 
     than one time during--

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

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

       ``(I) the participation in such assessments of all 
     students;
       ``(II) the appropriate accommodations, such as 
     interoperability with, and ability to use, assistive 
     technology, for children with disabilities (as defined in 
     section 602(3) of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1401(3))), including students with the most 
     significant cognitive disabilities, and students with a 
     disability who are provided accommodations under an Act other 
     than the Individuals with Disabilities Education Act (20 
     U.S.C. 1400 et seq.), necessary to measure the academic 
     achievement of such children relative to the challenging 
     State academic standards or alternate academic achievement 
     standards described in paragraph (1)(E); and
       ``(III) the inclusion of English learners, who shall be 
     assessed in a valid and reliable manner and provided 
     appropriate accommodations on assessments administered to 
     such students under this paragraph, including, to the extent 
     practicable, assessments in the language and form most likely 
     to yield accurate data on what such students know and can do 
     in academic content areas, until such students have achieved 
     English language proficiency, as determined under 
     subparagraph (G);

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

       ``(I) be administered through a single summative 
     assessment; or
       ``(II) be administered through multiple statewide interim 
     assessments during the course of the academic year that 
     result in a single summative score that provides valid, 
     reliable, and transparent information on student achievement 
     or growth;

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

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

     except that such disaggregation shall not be required in the 
     case of a State, local educational agency, or a school in 
     which the number of students in a subgroup is insufficient to 
     yield statistically reliable information or the results

[[Page H8452]]

     would reveal personally identifiable information about an 
     individual student;
       ``(xii) enable itemized score analyses to be produced and 
     reported, consistent with clause (iii), to local educational 
     agencies and schools, so that parents, teachers, principals, 
     other school leaders, and administrators can interpret and 
     address the specific academic needs of students as indicated 
     by the students' achievement on assessment items; and
       ``(xiii) be developed, to the extent practicable, using the 
     principles of universal design for learning.
       ``(C) Exception for advanced mathematics in middle 
     school.--A State may exempt any 8th grade student from the 
     assessment in mathematics described in subparagraph 
     (B)(v)(I)(aa) if--
       ``(i) such student takes the end-of-course assessment the 
     State typically administers to meet the requirements of 
     subparagraph (B)(v)(I)(bb) in mathematics;
       ``(ii) such student's achievement on such end-of-course 
     assessment is used for purposes of subsection (c)(4)(B)(i), 
     in lieu of such student's achievement on the mathematics 
     assessment required under subparagraph (B)(v)(I)(aa), and 
     such student is counted as participating in the assessment 
     for purposes of subsection (c)(4)(B)(vi); and
       ``(iii) in high school, such student takes a mathematics 
     assessment pursuant to subparagraph (B)(v)(I)(bb) that--

       ``(I) is any end-of-course assessment or other assessment 
     that is more advanced than the assessment taken by such 
     student under clause (i) of this subparagraph; and
       ``(II) shall be used to measure such student's academic 
     achievement for purposes of subsection (c)(4)(B)(i).

       ``(D) Alternate assessments for students with the most 
     significant cognitive disabilities.--
       ``(i) Alternate assessments aligned with alternate academic 
     achievement standards.--A State may provide for alternate 
     assessments aligned with the challenging State academic 
     standards and alternate academic achievement standards 
     described in paragraph (1)(E) for students with the most 
     significant cognitive disabilities, if the State--

       ``(I) consistent with clause (ii), ensures that, for each 
     subject, the total number of students assessed in such 
     subject using the alternate assessments does not exceed 1 
     percent of the total number of all students in the State who 
     are assessed in such subject;
       ``(II) ensures that the parents of such students are 
     clearly informed, as part of the process for developing the 
     individualized education program (as defined in section 
     614(d)(1)(A) of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1414(d)(1)(A)))--

       ``(aa) that their child's academic achievement will be 
     measured based on such alternate standards; and
       ``(bb) how participation in such assessments may delay or 
     otherwise affect the student from completing the requirements 
     for a regular high school diploma;

       ``(III) promotes, consistent with the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.), the 
     involvement and progress of students with the most 
     significant cognitive disabilities in the general education 
     curriculum;
       ``(IV) describes in the State plan the steps the State has 
     taken to incorporate universal design for learning, to the 
     extent feasible, in alternate assessments;
       ``(V) describes in the State plan that general and special 
     education teachers, and other appropriate staff--

       ``(aa) know how to administer the alternate assessments; 
     and
       ``(bb) make appropriate use of accommodations for students 
     with disabilities on all assessments required under this 
     paragraph;

       ``(VI) develops, disseminates information on, and promotes 
     the use of appropriate accommodations to increase the number 
     of students with significant cognitive disabilities--

       ``(aa) participating in academic instruction and 
     assessments for the grade level in which the student is 
     enrolled; and
       ``(bb) who are tested based on challenging State academic 
     standards for the grade level in which the student is 
     enrolled; and

       ``(VII) does not preclude a student with the most 
     significant cognitive disabilities who takes an alternate 
     assessment based on alternate academic achievement standards 
     from attempting to complete the requirements for a regular 
     high school diploma.

       ``(ii) Special rules.--

       ``(I) Responsibility under idea.--Subject to the authority 
     and requirements for the individualized education program 
     team for a child with a disability under section 
     614(d)(1)(A)(i)(VI)(bb) of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VI)(bb)), such 
     team, consistent with the guidelines established by the State 
     and required under section 612(a)(16)(C) of such Act (20 
     U.S.C. 1412(c)(16)(C)) and clause (i)(II) of this 
     subparagraph, shall determine when a child with a significant 
     cognitive disability shall participate in an alternate 
     assessment aligned with the alternate academic achievement 
     standards.
       ``(II) Prohibition on local cap.--Nothing in this 
     subparagraph shall be construed to permit the Secretary or a 
     State educational agency to impose on any local educational 
     agency a cap on the percentage of students administered an 
     alternate assessment under this subparagraph, except that a 
     local educational agency exceeding the cap applied to the 
     State under clause (i)(I) shall submit information to the 
     State educational agency justifying the need to exceed such 
     cap.
       ``(III) State support.--A State shall provide appropriate 
     oversight, as determined by the State, of any local 
     educational agency that is required to submit information to 
     the State under subclause (II).
       ``(IV) Waiver authority.--This subparagraph shall be 
     subject to the waiver authority under section 8401.

       ``(E) State authority.--If a State educational agency 
     provides evidence, which is satisfactory to the Secretary, 
     that neither the State educational agency nor any other State 
     government official, agency, or entity has sufficient 
     authority, under State law, to adopt challenging State 
     academic standards, and academic assessments aligned with 
     such standards, which will be applicable to all students 
     enrolled in the State's public elementary schools and 
     secondary schools, then the State educational agency may meet 
     the requirements of this subsection by--
       ``(i) adopting academic standards and academic assessments 
     that meet the requirements of this subsection, on a statewide 
     basis, and limiting their applicability to students served 
     under this part; or
       ``(ii) adopting and implementing policies that ensure that 
     each local educational agency in the State that receives 
     grants under this part will adopt academic content and 
     student academic achievement standards, and academic 
     assessments aligned with such standards, which--

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

       ``(F) Language assessments.--
       ``(i) In general.--Each State plan shall identify the 
     languages other than English that are present to a 
     significant extent in the participating student population of 
     the State and indicate the languages for which annual student 
     academic assessments are not available and are needed.
       ``(ii) Secretarial assistance.--The State shall make every 
     effort to develop such assessments and may request assistance 
     from the Secretary if linguistically accessible academic 
     assessment measures are needed. Upon request, the Secretary 
     shall assist with the identification of appropriate academic 
     assessment measures in the needed languages, but shall not 
     mandate a specific academic assessment or mode of 
     instruction.
       ``(G) Assessments of english language proficiency.--
       ``(i) In general.--Each State plan shall demonstrate that 
     local educational agencies in the State will provide for an 
     annual assessment of English proficiency of all English 
     learners in the schools served by the State educational 
     agency.
       ``(ii) Alignment.--The assessments described in clause (i) 
     shall be aligned with the State's English language 
     proficiency standards described in paragraph (1)(F).
       ``(H) Locally-selected assessment.--
       ``(i) In general.--Nothing in this paragraph shall be 
     construed to prohibit a local educational agency from 
     administering a locally-selected assessment in lieu of the 
     State-designed academic assessment under subclause (I)(bb) 
     and subclause (II)(cc) of subparagraph (B)(v), if the local 
     educational agency selects a nationally-recognized high 
     school academic assessment that has been approved for use by 
     the State as described in clause (iii) or (iv) of this 
     subparagraph.
       ``(ii) State technical criteria.--To allow for State 
     approval of nationally-recognized high school academic 
     assessments that are available for local selection under 
     clause (i), a State educational agency shall establish 
     technical criteria to determine if any such assessment meets 
     the requirements of clause (v).
       ``(iii) State approval.--If a State educational agency 
     chooses to make a nationally-recognized high school 
     assessment available for selection by a local educational 
     agency under clause (i), which has not already been approved 
     under this clause, such State educational agency shall--

       ``(I) conduct a review of the assessment to determine if 
     such assessment meets or exceeds the technical criteria 
     established by the State educational agency under clause 
     (ii);
       ``(II) submit evidence in accordance with subsection (a)(4) 
     that demonstrates such assessment meets the requirements of 
     clause (v); and
       ``(III) after fulfilling the requirements of subclauses (I) 
     and (II), approve such assessment for selection and use by 
     any local educational agency that requests to use such 
     assessment under clause (i).

       ``(iv) Local educational agency option.--

       ``(I) Local educational agency.--If a local educational 
     agency chooses to submit a nationally-recognized high school 
     academic assessment to the State educational agency, subject 
     to the approval process described in subclause (I) and 
     subclause (II) of clause (iii) to determine if such 
     assessment fulfills the requirements of clause (v), the State 
     educational agency may approve the use of such assessment 
     consistent with clause (i).
       ``(II) State educational agency.--Upon such approval, the 
     State educational agency shall approve the use of such 
     assessment in any other local educational agency in the State 
     that subsequently requests to use such assessment without 
     repeating the process described in subclauses (I) and (II) of 
     clause (iii).

       ``(v) Requirements.--To receive approval from the State 
     educational agency under clause (iii), a locally-selected 
     assessment shall--

       ``(I) be aligned to the State's academic content standards 
     under paragraph (1), address the depth and breadth of such 
     standards, and be equivalent in its content coverage, 
     difficulty, and quality to the State-designed assessments 
     under this paragraph (and may be more rigorous in its content 
     coverage and difficulty than such State-designed 
     assessments);
       ``(II) provide comparable, valid, and reliable data on 
     academic achievement, as compared to

[[Page H8453]]

     the State-designed assessments, for all students and for each 
     subgroup of students defined in subsection (c)(2), with 
     results expressed in terms consistent with the State's 
     academic achievement standards under paragraph (1), among all 
     local educational agencies within the State;
       ``(III) meet the requirements for the assessments under 
     subparagraph (B) of this paragraph, including technical 
     criteria, except the requirement under clause (i) of such 
     subparagraph; and
       ``(IV) provide unbiased, rational, and consistent 
     differentiation between schools within the State to meet the 
     requirements of subsection (c).

       ``(vi) Parental notification.--A local educational agency 
     shall notify the parents of high school students served by 
     the local educational agency--

       ``(I) of its request to the State educational agency for 
     approval to administer a locally-selected assessment; and
       ``(II) upon approval, and at the beginning of each 
     subsequent school year during which the locally selected 
     assessment will be administered, that the local educational 
     agency will be administering a different assessment than the 
     State-designed assessments under subclause (I)(bb) and 
     subclause (II)(cc) of subparagraph (B)(v).

       ``(I) Deferral.--A State may defer the commencement, or 
     suspend the administration, but not cease the development, of 
     the assessments described in this paragraph, for 1 year for 
     each year for which the amount appropriated for grants under 
     part B is less than $369,100,000.
       ``(J) Adaptive assessments.--
       ``(i) In general.--Subject to clause (ii), a State retains 
     the right to develop and administer computer adaptive 
     assessments as the assessments described in this paragraph, 
     provided the computer adaptive assessments meet the 
     requirements of this paragraph, except that--

       ``(I) subparagraph (B)(i) shall not be interpreted to 
     require that all students taking the computer adaptive 
     assessment be administered the same assessment items; and
       ``(II) such assessment--

       ``(aa) shall measure, at a minimum, each student's academic 
     proficiency based on the challenging State academic standards 
     for the student's grade level and growth toward such 
     standards; and
       ``(bb) may measure the student's level of academic 
     proficiency and growth using items above or below the 
     student's grade level, including for use as part of a State's 
     accountability system under subsection (c).
       ``(ii) Students with the most significant cognitive 
     disabilities and english learners.--In developing and 
     administering computer adaptive assessments--

       ``(I) as the assessments allowed under subparagraph (D), a 
     State shall ensure that such computer adaptive assessments--

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

       ``(II) as the assessments required under subparagraph (G), 
     a State shall ensure that such computer adaptive 
     assessments--

       ``(aa) meet the requirements of this paragraph, including 
     subparagraph (G), except such assessment shall not be 
     required to meet the requirements of clause (i)(II); and
       ``(bb) assess the student's language proficiency, which may 
     include growth towards such proficiency, in order to measure 
     the student's acquisition of English.
       ``(K) Rule of construction on parent rights.--Nothing in 
     this paragraph shall be construed as preempting a State or 
     local law regarding the decision of a parent to not have the 
     parent's child participate in the academic assessments under 
     this paragraph.
       ``(L) Limitation on assessment time.--Subject to Federal or 
     State requirements related to assessments, evaluations, and 
     accommodations, each State may, at the sole discretion of 
     such State, set a target limit on the aggregate amount of 
     time devoted to the administration of assessments for each 
     grade, expressed as a percentage of annual instructional 
     hours.
       ``(3) Exception for recently arrived english learners.--
       ``(A) Assessments.--With respect to recently arrived 
     English learners who have been enrolled in a school in one of 
     the 50 States in the United States or the District of 
     Columbia for less than 12 months, a State may choose to--
       ``(i) exclude--

       ``(I) such an English learner from one administration of 
     the reading or language arts assessment required under 
     paragraph (2); and
       ``(II) such an English learner's results on any of the 
     assessments required under paragraph (2)(B)(v)(I) or (2)(G) 
     for the first year of the English learner's enrollment in 
     such a school for the purposes of the State-determined 
     accountability system under subsection (c); or

       ``(ii)(I) assess, and report the performance of, such an 
     English learner on the reading or language arts and 
     mathematics assessments required under paragraph (2)(B)(v)(I) 
     in each year of the student's enrollment in such a school; 
     and
       ``(II) for the purposes of the State-determined 
     accountability system--

       ``(aa) for the first year of the student's enrollment in 
     such a school, exclude the results on the assessments 
     described in subclause (I);
       ``(bb) include a measure of student growth on the 
     assessments described in subclause (I) in the second year of 
     the student's enrollment in such a school; and
       ``(cc) include proficiency on the assessments described in 
     subclause (I) in the third year of the student's enrollment 
     in such a school, and each succeeding year of such 
     enrollment.

       ``(B) English learner subgroup.--With respect to a student 
     previously identified as an English learner and for not more 
     than 4 years after the student ceases to be identified as an 
     English learner, a State may include the results of the 
     student's assessments under paragraph (2)(B)(v)(I) within the 
     English learner subgroup of the subgroups of students (as 
     defined in subsection (c)(2)(D)) for the purposes of the 
     State-determined accountability system.
       ``(c) Statewide Accountability System.--
       ``(1) In general.--Each State plan shall describe a 
     statewide accountability system that complies with the 
     requirements of this subsection and subsection (d).
       ``(2) Subgroup of students.--In this subsection and 
     subsection (d), the term `subgroup of students' means--
       ``(A) economically disadvantaged students;
       ``(B) students from major racial and ethnic groups;
       ``(C) children with disabilities; and
       ``(D) English learners.
       ``(3) Minimum number of students.--Each State shall 
     describe--
       ``(A) with respect to any provisions under this part that 
     require disaggregation of information by each subgroup of 
     students--
       ``(i) the minimum number of students that the State 
     determines are necessary to be included to carry out such 
     requirements and how that number is statistically sound, 
     which shall be the same State-determined number for all 
     students and for each subgroup of students in the State;
       ``(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 determining such minimum number; and
       ``(iii) how the State ensures that such minimum number is 
     sufficient to not reveal any personally identifiable 
     information.
       ``(4) Description of system.--The statewide accountability 
     system described in paragraph (1) shall be based on the 
     challenging State academic standards for reading or language 
     arts and mathematics described in subsection (b)(1) to 
     improve student academic achievement and school success. In 
     designing such system to meet the requirements of this part, 
     the State shall carry out the following:
       ``(A) Establishment of long-term goals.--Establish 
     ambitious State-designed long-term goals, which shall include 
     measurements of interim progress toward meeting such goals--
       ``(i) for all students and separately for each subgroup of 
     students in the State--

       ``(I) for, at a minimum, improved--

       ``(aa) academic achievement, as measured by proficiency on 
     the annual assessments required under subsection 
     (b)(2)(B)(v)(I); and
       ``(bb) high school graduation rates, including--
       ``(AA) the four-year adjusted cohort graduation rate; and
       ``(BB) at the State's discretion, the extended-year 
     adjusted cohort graduation rate, except that the State shall 
     set a more rigorous long-term goal for such graduation rate, 
     as compared to the long-term goal set for the four-year 
     adjusted cohort graduation rate;

       ``(II) for which the term set by the State for such goals 
     is the same multi-year length of time for all students and 
     for each subgroup of students in the State; and
       ``(III) that, for subgroups of students who are behind on 
     the measures described in items (aa) and (bb) of subclause 
     (I), take into account the improvement necessary on such 
     measures to make significant progress in closing statewide 
     proficiency and graduation rate gaps; and

       ``(ii) for English learners, for increases in the 
     percentage of such students making progress in achieving 
     English language proficiency, as defined by the State and 
     measured by the assessments described in subsection 
     (b)(2)(G), within a State-determined timeline.
       ``(B) Indicators.--Except for the indicator described in 
     clause (iv), annually measure, for all students and 
     separately for each subgroup of students, the following 
     indicators:
       ``(i) For all public schools in the State, based on the 
     long-term goals established under subparagraph (A), academic 
     achievement--

       ``(I) as measured by proficiency on the annual assessments 
     required under subsection (b)(2)(B)(v)(I); and
       ``(II) at the State's discretion, for each public high 
     school in the State, student growth, as measured by such 
     annual assessments.

       ``(ii) For public elementary schools and secondary schools 
     that are not high schools in the State--

       ``(I) a measure of student growth, if determined 
     appropriate by the State; or
       ``(II) another valid and reliable statewide academic 
     indicator that allows for meaningful differentiation in 
     school performance.

       ``(iii) For public high schools in the State, and based on 
     State-designed long term goals established under subparagraph 
     (A)--

       ``(I) the four-year adjusted cohort graduation rate; and
       ``(II) at the State's discretion, the extended-year 
     adjusted cohort graduation rate.

       ``(iv) For public schools in the State, progress in 
     achieving English language proficiency, as defined by the 
     State and measured by the assessments described in subsection 
     (b)(2)(G), within a State-determined timeline for all English 
     learners--

       ``(I) in each of the grades 3 through 8; and
       ``(II) in the grade for which such English learners are 
     otherwise assessed under subsection (b)(2)(B)(v)(I) during 
     the grade 9 through grade 12 period, with such progress being 
     measured against the results of the assessments described in 
     subsection (b)(2)(G) taken in the previous grade.

       ``(v)(I) For all public schools in the State, not less than 
     one indicator of school quality or student success that--

[[Page H8454]]

       ``(aa) allows for meaningful differentiation in school 
     performance;
       ``(bb) is valid, reliable, comparable, and statewide (with 
     the same indicator or indicators used for each grade span, as 
     such term is determined by the State); and
       ``(cc) may include one or more of the measures described in 
     subclause (II).

       ``(II) For purposes of subclause (I), the State may include 
     measures of--

       ``(III) student engagement;
       ``(IV) educator engagement;
       ``(V) student access to and completion of advanced 
     coursework;
       ``(VI) postsecondary readiness;
       ``(VII) school climate and safety; and
       ``(VIII) any other indicator the State chooses that meets 
     the requirements of this clause.

       ``(C) Annual meaningful differentiation.--Establish a 
     system of meaningfully differentiating, on an annual basis, 
     all public schools in the State, which shall--
       ``(i) be based on all indicators in the State's 
     accountability system under subparagraph (B), for all 
     students and for each of subgroup of students, consistent 
     with the requirements of such subparagraph;
       ``(ii) with respect to the indicators described in clauses 
     (i) through (iv) of subparagraph (B) afford--

       ``(I) substantial weight to each such indicator; and
       ``(II) in the aggregate, much greater weight than is 
     afforded to the indicator or indicators utilized by the State 
     and described in subparagraph (B)(v), in the aggregate; and

       ``(iii) include differentiation of any such school in which 
     any subgroup of students is consistently underperforming, as 
     determined by the State, based on all indicators under 
     subparagraph (B) and the system established under this 
     subparagraph.
       ``(D) Identification of schools.--Based on the system of 
     meaningful differentiation described in subparagraph (C), 
     establish a State-determined methodology to identify--
       ``(i) beginning with school year 2017-2018, and at least 
     once every three school years thereafter, one statewide 
     category of schools for comprehensive support and 
     improvement, as described in subsection (d)(1), which shall 
     include--

       ``(I) not less than the lowest-performing 5 percent of all 
     schools receiving funds under this part in the State;
       ``(II) all public high schools in the State failing to 
     graduate one third or more of their students; and
       ``(III) public schools in the State described under 
     subsection (d)(3)(A)(i)(II); and

       ``(ii) at the discretion of the State, additional statewide 
     categories of schools.
       ``(E) Annual measurement of achievement.--(i) Annually 
     measure the achievement of not less than 95 percent of all 
     students, and 95 percent of all students in each subgroup of 
     students, who are enrolled in public schools on the 
     assessments described under subsection (b)(2)(v)(I).
       ``(ii) For the purpose of measuring, calculating, and 
     reporting on the indicator described in subparagraph (B)(i), 
     include in the denominator the greater of--
       ``(I) 95 percent of all such students, or 95 percent of all 
     such students in the subgroup, as the case may be; or
       ``(II) the number of students participating in the 
     assessments.
       ``(iii) Provide a clear and understandable explanation of 
     how the State will factor the requirement of clause (i) of 
     this subparagraph into the statewide accountability system.
       ``(F) Partial attendance.--(i) In the case of a student who 
     has not attended the same school within a local educational 
     agency for at least half of a school year, the performance of 
     such student on the indicators described in clauses (i), 
     (ii), (iv), and (v) of subparagraph (B)--
       ``(I) may not be used in the system of meaningful 
     differentiation of all public schools as described in 
     subparagraph (C) for such school year; and
       ``(II) shall be used for the purpose of reporting on the 
     State and local educational agency report cards under 
     subsection (h) for such school year.
       ``(ii) In the case of a high school student who has not 
     attended the same school within a local educational agency 
     for at least half of a school year and has exited high school 
     without a regular high school diploma and without 
     transferring to another high school that grants a regular 
     high school diploma during such school year, the local 
     educational agency shall, in order to calculate the 
     graduation rate pursuant to subparagraph (B)(iii), assign 
     such student to the high school--
       ``(I) at which such student was enrolled for the greatest 
     proportion of school days while enrolled in grades 9 through 
     12; or
       ``(II) in which the student was most recently enrolled.
       ``(5) Accountability for charter schools.--The 
     accountability provisions under this Act shall be overseen 
     for charter schools in accordance with State charter school 
     law.
       ``(d) School Support and Improvement Activities.--
       ``(1) Comprehensive support and improvement.--
       ``(A) In general.--Each State educational agency receiving 
     funds under this part shall notify each local educational 
     agency in the State of any school served by the local 
     educational agency that is identified for comprehensive 
     support and improvement under subsection (c)(4)(D)(i).
       ``(B) Local educational agency action.--Upon receiving such 
     information from the State, the local educational agency 
     shall, for each school identified by the State and in 
     partnership with stakeholders (including principals and other 
     school leaders, teachers, and parents), locally develop and 
     implement a comprehensive support and improvement plan for 
     the school to improve student outcomes, that--
       ``(i) is informed by all indicators described in subsection 
     (c)(4)(B), including student performance against State-
     determined long-term goals;
       ``(ii) includes evidence-based interventions;
       ``(iii) is based on a school-level needs assessment;
       ``(iv) identifies resource inequities, which may include a 
     review of local educational agency and school-level 
     budgeting, to be addressed through implementation of such 
     comprehensive support and improvement plan;
       ``(v) is approved by the school, local educational agency, 
     and State educational agency; and
       ``(vi) upon approval and implementation, is monitored and 
     periodically reviewed by the State educational agency.
       ``(C) State educational agency discretion.--With respect to 
     any high school in the State identified under subsection 
     (c)(4)(D)(i)(II), the State educational agency may--
       ``(i) permit differentiated improvement activities that 
     utilize evidence-based interventions in the case of such a 
     school that predominantly serves students--

       ``(I) returning to education after having exited secondary 
     school without a regular high school diploma; or
       ``(II) who, based on their grade or age, are significantly 
     off track to accumulate sufficient academic credits to meet 
     high school graduation requirements, as established by the 
     State; and

       ``(ii) in the case of such a school that has a total 
     enrollment of less than 100 students, permit the local 
     educational agency to forego implementation of improvement 
     activities required under this paragraph.
       ``(D) Public school choice.--
       ``(i) In general.--A local educational agency may provide 
     all students enrolled in a school identified by the State for 
     comprehensive support and improvement under subsection 
     (c)(4)(D)(i) with the option to transfer to another public 
     school served by the local educational agency, unless such an 
     option is prohibited by State law.
       ``(ii) 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).
       ``(iii) Treatment.--A student who uses the option to 
     transfer to another public school shall be enrolled in 
     classes and other activities in the public school to which 
     the student transfers in the same manner as all other 
     students at the public school.
       ``(iv) Special rule.--A local educational agency shall 
     permit a student who transfers to another public school under 
     this paragraph to remain in that school until the student has 
     completed the highest grade in that school.
       ``(v) Funding for transportation.--A local educational 
     agency may spend an amount equal to not more than 5 percent 
     of its allocation under subpart 2 of this part to pay for the 
     provision of transportation for students who transfer under 
     this paragraph to the public schools to which the students 
     transfer.
       ``(2) Targeted support and improvement.--
       ``(A) In general.--Each State educational agency receiving 
     funds under this part shall, using the meaningful 
     differentiation of schools described in subsection 
     (c)(4)(C)--
       ``(i) notify each local educational agency in the State of 
     any school served by the local educational agency in which 
     any subgroup of students is consistently underperforming, as 
     described in subsection (c)(4)(C)(iii); and
       ``(ii) ensure such local educational agency provides 
     notification to such school with respect to which subgroup or 
     subgroups of students in such school are consistently 
     underperforming as described in subsection (c)(4)(C)(iii).
       ``(B) Targeted support and improvement plan.--Each school 
     receiving a notification described in this paragraph, in 
     partnership with stakeholders (including principals and other 
     school leaders, teachers and parents), shall develop and 
     implement a school-level targeted support and improvement 
     plan to improve student outcomes based on the indicators in 
     the statewide accountability system established under 
     subsection (c)(4), for each subgroup of students that was the 
     subject of notification that--
       ``(i) is informed by all indicators described in subsection 
     (c)(4)(B), including student performance against long-term 
     goals;
       ``(ii) includes evidence-based interventions;
       ``(iii) is approved by the local educational agency prior 
     to implementation of such plan;
       ``(iv) is monitored, upon submission and implementation, by 
     the local educational agency; and
       ``(v) results in additional action following unsuccessful 
     implementation of such plan after a number of years 
     determined by the local educational agency.
       ``(C) Additional targeted support.--A plan described in 
     subparagraph (B) that is developed and implemented in any 
     school receiving a notification under this paragraph from the 
     local educational agency in which any subgroup of students, 
     on its own, would lead to identification under subsection 
     (c)(4)(D)(i)(I) using the State's methodology under 
     subsection (c)(4)(D) shall also identify resource inequities 
     (which may include a review of local educational agency and 
     school level budgeting), to be addressed through 
     implementation of such plan.
       ``(D) Special rule.--The State educational agency, based on 
     the State's differentiation of schools under subsection 
     (c)(4)(C) for school year 2017-2018, shall notify local 
     educational agencies of any schools served by the local 
     educational agency in which any subgroup of students, on its 
     own, would lead to identification

[[Page H8455]]

     under subsection (c)(4)(D)(i)(I) using the State's 
     methodology under subsection (c)(4)(D), after which 
     notification of such schools under this paragraph shall 
     result from differentiation of schools pursuant to subsection 
     (c)(4)(C)(iii).
       ``(3) Continued support for school and local educational 
     agency improvement.--To ensure continued progress to improve 
     student academic achievement and school success in the State, 
     the State educational agency--
       ``(A) shall--
       ``(i) establish statewide exit criteria for--

       ``(I) schools identified by the State for comprehensive 
     support and improvement under subsection (c)(4)(D)(i), which, 
     if not satisfied within a State-determined number of years 
     (not to exceed four years), shall result in more rigorous 
     State-determined action, such as the implementation of 
     interventions (which may include addressing school-level 
     operations); and
       ``(II) schools described in paragraph (2)(C), which, if not 
     satisfied within a State-determined number of years, shall, 
     in the case of such schools receiving assistance under this 
     part, result in identification of the school by the State for 
     comprehensive support and improvement under subsection 
     (c)(4)(D)(i)(III);

       ``(ii) periodically review resource allocation to support 
     school improvement in each local educational agency in the 
     State serving--

       ``(I) a significant number of schools identified for 
     comprehensive support and improvement under subsection 
     (c)(4)(D)(i); and
       ``(II) a significant number of schools implementing 
     targeted support and improvement plans under paragraph (2); 
     and

       ``(iii) provide technical assistance to each local 
     educational agency in the State serving a significant number 
     of--

       ``(I) schools implementing comprehensive support and 
     improvement plans under paragraph (1); or
       ``(II) schools implementing targeted support and 
     improvement plans under paragraph (2); and

       ``(B) may--
       ``(i) take action to initiate additional improvement in any 
     local educational agency with--

       ``(I) a significant number of schools that are consistently 
     identified by the State for comprehensive support and 
     improvement under subsection (c)(4)(D)(i) and not meeting 
     exit criteria established by the State under subparagraph 
     (A)(i)(I); or
       ``(II) a significant number of schools implementing 
     targeted support and improvement plans under paragraph (2); 
     and

       ``(ii) consistent with State law, establish alternative 
     evidence-based State determined strategies that can be used 
     by local educational agencies to assist a school identified 
     for comprehensive support and improvement under subsection 
     (c)(4)(D)(i).
       ``(4) Rule of construction for collective bargaining.--
     Nothing in this subsection shall be construed to alter or 
     otherwise affect the rights, remedies, and procedures 
     afforded to school or local educational agency employees 
     under Federal, State, or local laws (including applicable 
     regulations or court orders) or under the terms of collective 
     bargaining agreements, memoranda of understanding, or other 
     agreements between such employers and their employees.
       ``(e) Prohibition.--
       ``(1) In general.--Nothing in this Act shall be construed 
     to authorize or permit the Secretary--
       ``(A) when promulgating any rule or regulation, to 
     promulgate any rule or regulation on the development or 
     implementation of the statewide accountability system 
     established under this section that would--
       ``(i) add new requirements that are inconsistent with or 
     outside the scope of this part;
       ``(ii) add new criteria that are inconsistent with or 
     outside the scope of this part; or
       ``(iii) be in excess of statutory authority granted to the 
     Secretary;
       ``(B) as a condition of approval of the State plan, or 
     revisions or amendments to, the State plan, or approval of a 
     waiver request submitted under section 8401, to--
       ``(i) require a State to add any requirements that are 
     inconsistent with or outside the scope of this part;
       ``(ii) require a State to add or delete one or more 
     specific elements of the challenging State academic 
     standards; or
       ``(iii) prescribe--

       ``(I) numeric long-term goals or measurements of interim 
     progress that States establish for all students, for any 
     subgroups of students, and for English learners with respect 
     to English language proficiency, under this part, including--

       ``(aa) the length of terms set by States in designing such 
     goals; or
       ``(bb) the progress expected from any subgroups of students 
     in meeting such goals;

       ``(II) specific academic assessments or assessment items 
     that States or local educational agencies use to meet the 
     requirements of subsection (b)(2) or otherwise use to measure 
     student academic achievement or student growth under this 
     part;
       ``(III) indicators that States use within the State 
     accountability system under this section, including any 
     requirement to measure student growth, or, if a State chooses 
     to measure student growth, the specific metrics used to 
     measure such growth under this part;
       ``(IV) the weight of any measure or indicator used to 
     identify or meaningfully differentiate schools, under this 
     part;
       ``(V) the specific methodology used by States to 
     meaningfully differentiate or identify schools under this 
     part;
       ``(VI) any specific school support and improvement 
     strategies or activities that State or local educational 
     agencies establish and implement to intervene in, support, 
     and improve schools and improve student outcomes under this 
     part;
       ``(VII) exit criteria established by States under 
     subsection (d)(3)(A)(i);
       ``(VIII) provided that the State meets the requirements in 
     subsection (c)(3), a minimum number of students established 
     by a State under such subsection;
       ``(IX) any aspect or parameter of a teacher, principal, or 
     other school leader evaluation system within a State or local 
     educational agency;
       ``(X) indicators or specific measures of teacher, 
     principal, or other school leader effectiveness or quality; 
     or
       ``(XI) the way in which the State factors the requirement 
     under subsection (c)(4)(E)(i) into the statewide 
     accountability system under this section; or

       ``(C) to issue new non-regulatory guidance that--
       ``(i) in seeking to provide explanation of requirements 
     under this section for State or local educational agencies, 
     either in response to requests for information or in 
     anticipation of such requests, provides a strictly limited or 
     exhaustive list to illustrate successful implementation of 
     provisions under this section; or
       ``(ii) purports to be legally binding; or
       ``(D) to require data collection under this part beyond 
     data derived from existing Federal, State, and local 
     reporting requirements.
       ``(2) Defining terms.--In carrying out this part, the 
     Secretary shall not, through regulation or as a condition of 
     approval of the State plan or revisions or amendments to the 
     State plan, promulgate a definition of any term used in this 
     part, or otherwise prescribe any specification for any such 
     term, that is inconsistent with or outside the scope of this 
     part or is in violation of paragraph (1).
       ``(f) Existing State Law.--Nothing in this section shall be 
     construed to alter any State law or regulation granting 
     parents authority over schools that repeatedly failed to make 
     adequate yearly progress under this part, as in effect on the 
     day before the date of the enactment of the Every Student 
     Succeeds Act.
       ``(g) Other Plan Provisions.--
       ``(1) Descriptions.--Each State plan shall describe--
       ``(A) how the State will provide assistance to local 
     educational agencies and individual elementary schools 
     choosing to use funds under this part to support early 
     childhood education programs;
       ``(B) how low-income and minority children enrolled in 
     schools assisted under this part are not served at 
     disproportionate rates by ineffective, out-of-field, or 
     inexperienced teachers, and the measures the State 
     educational agency will use to evaluate and publicly report 
     the progress of the State educational agency with respect to 
     such description (except that nothing in this subparagraph 
     shall be construed as requiring a State to develop or 
     implement a teacher, principal, or other school leader 
     evaluation system);
       ``(C) how the State educational agency will support local 
     educational agencies receiving assistance under this part to 
     improve school conditions for student learning, including 
     through reducing--
       ``(i) incidences of bullying and harassment;
       ``(ii) the overuse of discipline practices that remove 
     students from the classroom; and
       ``(iii) the use of aversive behavioral interventions that 
     compromise student health and safety;
       ``(D) how the State will support local educational agencies 
     receiving assistance under this part in meeting the needs of 
     students at all levels of schooling (particularly students in 
     the middle grades and high school), including how the State 
     will work with such local educational agencies to provide 
     effective transitions of students to middle grades and high 
     school to decrease the risk of students dropping out;
       ``(E) the steps a State educational agency will take to 
     ensure collaboration with the State agency responsible for 
     administering the State plans under parts B and E of title IV 
     of the Social Security Act (42 U.S.C. 621 et seq. and 670 et 
     seq.) to ensure the educational stability of children in 
     foster care, including assurances that--
       ``(i) any such child enrolls or remains in such child's 
     school of origin, unless a determination is made that it is 
     not in such child's best interest to attend the school of 
     origin, which decision shall be based on all factors relating 
     to the child's best interest, including consideration of the 
     appropriateness of the current educational setting and the 
     proximity to the school in which the child is enrolled at the 
     time of placement;
       ``(ii) when a determination is made that it is not in such 
     child's best interest to remain in the school of origin, the 
     child is immediately enrolled in a new school, even if the 
     child is unable to produce records normally required for 
     enrollment;
       ``(iii) the enrolling school shall immediately contact the 
     school last attended by any such child to obtain relevant 
     academic and other records; and
       ``(iv) the State educational agency will designate an 
     employee to serve as a point of contact for child welfare 
     agencies and to oversee implementation of the State agency 
     responsibilities required under this subparagraph, and such 
     point of contact shall not be the State's Coordinator for 
     Education of Homeless Children and Youths under section 
     722(d)(3) of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11432(d)(3));
       ``(F) how the State educational agency will provide support 
     to local educational agencies in the identification, 
     enrollment, attendance, and school stability of homeless 
     children and youths; and
       ``(G) such other factors the State educational agency 
     determines appropriate to provide students an opportunity to 
     achieve the knowledge and skills described in the challenging 
     State academic standards.
       ``(2) Assurances.--Each State plan shall contain assurances 
     that--

[[Page H8456]]

       ``(A) the State will make public any methods or criteria 
     the State is using to measure teacher, principal, or other 
     school leader effectiveness for the purpose of meeting the 
     requirements described in paragraph (1)(B);
       ``(B) the State educational agency will notify local 
     educational agencies, Indian tribes and tribal organizations, 
     schools, teachers, parents, and the public of the challenging 
     State academic standards, academic assessments, and State 
     accountability system, developed under this section;
       ``(C) the State educational agency will assist each local 
     educational agency and school affected by the State plan to 
     meet the requirements of this part;
       ``(D) the State will participate in the biennial State 
     academic assessments in reading and mathematics in grades 4 
     and 8 of the National Assessment of Educational Progress 
     carried out under section 303(b)(3) of the National 
     Assessment of Educational Progress Authorization Act (20 
     U.S.C. 9622(b)(3)) if the Secretary pays the costs of 
     administering such assessments;
       ``(E) the State educational agency will modify or eliminate 
     State fiscal and accounting barriers so that schools can 
     easily consolidate funds from other Federal, State, and local 
     sources to improve educational opportunities and reduce 
     unnecessary fiscal and accounting requirements;
       ``(F) the State educational agency will support the 
     collection and dissemination to local educational agencies 
     and schools of effective parent and family engagement 
     strategies, including those included in the parent and family 
     engagement policy under section 1116;
       ``(G) the State educational agency will provide the least 
     restrictive and burdensome regulations for local educational 
     agencies and individual schools participating in a program 
     assisted under this part;
       ``(H) the State educational agency will ensure that local 
     educational agencies, in developing and implementing programs 
     under this part, will, to the extent feasible, work in 
     consultation with outside intermediary organizations (such as 
     educational service agencies), or individuals, that have 
     practical expertise in the development or use of evidence-
     based strategies and programs to improve teaching, learning, 
     and schools;
       ``(I) the State educational agency has appropriate 
     procedures and safeguards in place to ensure the validity of 
     the assessment process;
       ``(J) the State educational agency will ensure that all 
     teachers and paraprofessionals working in a program supported 
     with funds under this part meet applicable State 
     certification and licensure requirements, including any 
     requirements for certification obtained through alternative 
     routes to certification;
       ``(K) the State educational agency will coordinate 
     activities funded under this part with other Federal 
     activities as appropriate;
       ``(L) the State educational agency has involved the 
     committee of practitioners established under section 1603(b) 
     in developing the plan and monitoring its implementation;
       ``(M) the State has professional standards for 
     paraprofessionals working in a program supported with funds 
     under this part, including qualifications that were in place 
     on the day before the date of enactment of the Every Student 
     Succeeds Act; and
       ``(N) the State educational agency will provide the 
     information described in clauses (ii), (iii), and (vii) of 
     subsection (h)(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 status, and children with or without 
     disabilities, which--
       ``(i) may be accomplished by including such information on 
     the annual State report card described subsection (h)(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 
     subgroup 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 subgroups of students, as defined 
     in subsection (c)(2), for the purposes of the State 
     accountability system under subsection (c); or
       ``(B) require or prohibit States or local educational 
     agencies 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 to--
       ``(A) meet the requirements of paragraph (2)(N); or
       ``(B) in the case of a State educational agency choosing, 
     at its sole discretion, to disaggregate data described in 
     clauses (ii) and (iii)(II) of subsection (h)(1)(C) for Asian 
     and Native Hawaiian or Pacific Islander students using the 
     same race response categories as the decennial census of the 
     population, assist such State educational agency in such 
     disaggregation and in using such data to improve academic 
     outcomes for such students.
       ``(h) Reports.--
       ``(1) Annual state report card.--
       ``(A) In general.--A State that receives assistance under 
     this part shall prepare and disseminate widely to the public 
     an annual State report card for the State as a whole that 
     meets the requirements of this paragraph.
       ``(B) Implementation.--The State report card required under 
     this paragraph shall be--
       ``(i) concise;
       ``(ii) presented in an understandable and uniform format 
     that is developed in consultation with parents and, to the 
     extent practicable, in a language that parents can 
     understand; and
       ``(iii) widely accessible to the public, which shall 
     include making available on a single webpage of the State 
     educational agency's website, the State report card, all 
     local educational agency report cards for each local 
     educational agency in the State required under paragraph (2), 
     and the annual report to the Secretary under paragraph (5).
       ``(C) Minimum requirements.--Each State report card 
     required under this subsection shall include the following 
     information:
       ``(i) A clear and concise description of the State's 
     accountability system under subsection (c), including--

       ``(I) the minimum number of students that the State 
     determines are necessary to be included in each of the 
     subgroups of students, as defined in subsection (c)(2), for 
     use in the accountability system;
       ``(II) the long-term goals and measurements of interim 
     progress for all students and for each of the subgroups of 
     students, as defined in subsection (c)(2);
       ``(III) the indicators described in subsection (c)(4)(B) 
     used to meaningfully differentiate all public schools in the 
     State;
       ``(IV) the State's system for meaningfully differentiating 
     all public schools in the State, including--

       ``(aa) the specific weight of the indicators described in 
     subsection (c)(4)(B) in such differentiation;
       ``(bb) the methodology by which the State differentiates 
     all such schools;
       ``(cc) the methodology by which the State differentiates a 
     school as consistently underperforming for any subgroup of 
     students described in section (c)(4)(C)(iii), including the 
     time period used by the State to determine consistent 
     underperformance; and
       ``(dd) the methodology by which the State identifies a 
     school for comprehensive support and improvement as required 
     under subsection (c)(4)(D)(i);

       ``(V) the number and names of all public schools in the 
     State identified by the State for comprehensive support and 
     improvement under subsection (c)(4)(D)(i) or implementing 
     targeted support and improvement plans under subsection 
     (d)(2); and
       ``(VI) the exit criteria established by the State as 
     required under clause (i) of subsection (d)(3)(A), including 
     the length of years established under clause (i)(II) of such 
     subsection.

       ``(ii) For all students and disaggregated by each subgroup 
     of students described in subsection (b)(2)(B)(xi), homeless 
     status, status as a child in foster care, and status as a 
     student with a parent who is a member of the Armed Forces (as 
     defined in section 101(a)(4) of title 10, United States Code) 
     on active duty (as defined in section 101(d)(5) of such 
     title), information on student achievement on the academic 
     assessments described in subsection (b)(2) at each level of 
     achievement, as determined by the State under subsection 
     (b)(1).
       ``(iii) For all students and disaggregated by each of the 
     subgroups of students, as defined in subsection (c)(2), and 
     for purposes of subclause (II) of this clause, homeless 
     status and status as a child in foster care--

       ``(I) information on the performance on the other academic 
     indicator under subsection (c)(4)(B)(ii) for public 
     elementary schools and secondary schools that are not high 
     schools, used by the State in the State accountability 
     system; and
       ``(II) high school graduation rates, including four-year 
     adjusted cohort graduation rates and, at the State's 
     discretion, extended-year adjusted cohort graduation rates.

       ``(iv) Information on the number and percentage of English 
     learners achieving English language proficiency.
       ``(v) For all students and disaggregated by each of the 
     subgroups of students, as defined in subsection (c)(2), 
     information on the performance on the other indicator or 
     indicators of school quality or student success under 
     subsection (c)(4)(B)(v) used by the State in the State 
     accountability system.
       ``(vi) Information on the progress of all students and each 
     subgroup of students, as defined in subsection (c)(2), toward 
     meeting the State-designed long term goals under subsection 
     (c)(4)(A), including the progress of all students and each 
     such subgroup of students against the State measurements of 
     interim progress established under such subsection.
       ``(vii) For all students and disaggregated by each subgroup 
     of students described in subsection (b)(2)(B)(xi), the 
     percentage of students assessed and not assessed.
       ``(viii) Information submitted by the State educational 
     agency and each local educational agency in the State, in 
     accordance with data collection conducted pursuant to section 
     203(c)(1) of the Department of Education Organization Act (20 
     U.S.C. 3413(c)(1)), on--

       ``(I) measures of school quality, climate, and safety, 
     including rates of in-school suspensions, out-of-school 
     suspensions, expulsions, school-related arrests, referrals to 
     law enforcement, chronic absenteeism (including both excused 
     and unexcused absences), incidences of violence, including 
     bullying and harassment; and
       ``(II) the number and percentage of students enrolled in--

       ``(aa) preschool programs; and
       ``(bb) accelerated coursework to earn postsecondary credit 
     while still in high school, such as Advanced Placement and 
     International Baccalaureate courses and examinations, and 
     dual or concurrent enrollment programs.
       ``(ix) The professional qualifications of teachers in the 
     State, including information (that

[[Page H8457]]

     shall be presented in the aggregate and disaggregated by 
     high-poverty compared to low-poverty schools) on the number 
     and percentage of--

       ``(I) inexperienced teachers, principals, and other school 
     leaders;
       ``(II) teachers teaching with emergency or provisional 
     credentials; and
       ``(III) teachers who are not teaching in the subject or 
     field for which the teacher is certified or licensed.

       ``(x) The per-pupil expenditures of Federal, State, and 
     local funds, including actual personnel expenditures and 
     actual nonpersonnel expenditures of Federal, State, and local 
     funds, disaggregated by source of funds, for each local 
     educational agency and each school in the State for the 
     preceding fiscal year.
       ``(xi) The number and percentages of students with the most 
     significant cognitive disabilities who take an alternate 
     assessment under subsection (b)(2)(D), by grade and subject.
       ``(xii) Results on the State academic assessments in 
     reading and mathematics in grades 4 and 8 of the National 
     Assessment of Educational Progress carried out under section 
     303(b)(3) of the National Assessment of Educational Progress 
     Authorization Act (20 U.S.C. 9622(b)(3)), compared to the 
     national average of such results.
       ``(xiii) Where available, for each high school in the 
     State, and beginning with the report card prepared under this 
     paragraph for 2017, the cohort rate (in the aggregate, and 
     disaggregated for each subgroup of students defined in 
     subsection (c)(2)), at which students who graduate from the 
     high school enroll, for the first academic year that begins 
     after the students' graduation--

       ``(I) in programs of public postsecondary education in the 
     State; and
       ``(II) if data are available and to the extent practicable, 
     in programs of private postsecondary education in the State 
     or programs of postsecondary education outside the State.

       ``(xiv) Any additional information that the State believes 
     will best provide parents, students, and other members of the 
     public with information regarding the progress of each of the 
     State's public elementary schools and secondary schools, 
     which may include the number and percentage of students 
     attaining career and technical proficiencies (as defined by 
     section 113(b) of the Carl D. Perkins Career and Technical 
     Education Act of 2006 (20 U.S.C. 2323(b)) and reported by 
     States only in a manner consistent with section 113(c) of 
     such Act (20 U.S.C. 2323(c)).
       ``(D) Rules of construction.--Nothing in subparagraph 
     (C)(viii) shall be construed as requiring--
       ``(i) reporting of any data that are not collected in 
     accordance with section 203(c)(1) of the Department of 
     Education Organization Act (20 U.S.C. 3413(c)(1); or
       ``(ii) disaggregation of any data other than as required 
     under subsection (b)(2)(B)(xi).
       ``(2) Annual local educational agency report cards.--
       ``(A) Preparation and dissemination.--A local educational 
     agency that receives assistance under this part shall prepare 
     and disseminate an annual local educational agency report 
     card that includes information on such agency as a whole and 
     each school served by the agency.
       ``(B) Implementation.--Each local educational agency report 
     card shall be--
       ``(i) concise;
       ``(ii) presented in an understandable and uniform format, 
     and to the extent practicable, in a language that parents can 
     understand; and
       ``(iii) accessible to the public, which shall include--

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

       ``(C) Minimum requirements.--The State educational agency 
     shall ensure that each local educational agency collects 
     appropriate data and includes in the local educational 
     agency's annual report the information described in paragraph 
     (1)(C), disaggregated in the same manner as required under 
     such paragraph, except for clause (xii) of such paragraph, as 
     applied to the local educational agency and each school 
     served by the local educational agency, including--
       ``(i) in the case of a local educational agency, 
     information that shows how students served by the local 
     educational agency achieved on the academic assessments 
     described in subsection (b)(2) compared to students in the 
     State as a whole;
       ``(ii) in the case of a school, information that shows how 
     the school's students' achievement on the academic 
     assessments described in subsection (b)(2) compared to 
     students served by the local educational agency and the State 
     as a whole; and
       ``(iii) any other information that the local educational 
     agency determines is appropriate and will best provide 
     parents, students, and other members of the public with 
     information regarding the progress of each public school 
     served by the local educational agency, whether or not such 
     information is included in the annual State report card.
       ``(D) Additional information.--In the case of a local 
     educational agency that issues a report card for all 
     students, the local educational agency may include the 
     information under this section as part of such report.
       ``(3) Preexisting report cards.--A State educational agency 
     or local educational agency may use public report cards on 
     the performance of students, schools, local educational 
     agencies, or the State, that were in effect prior to the date 
     of enactment of the Every Student Succeeds Act for the 
     purpose of this subsection, so long as any such report card 
     is modified, as may be needed, to contain the information 
     required by this subsection, and protects the privacy of 
     individual students.
       ``(4) Cost reduction.--Each State educational agency and 
     local educational agency receiving assistance under this part 
     shall, wherever possible, take steps to reduce data 
     collection costs and duplication of effort by obtaining the 
     information required under this subsection through existing 
     data collection efforts.
       ``(5) Annual state report to the secretary.--Each State 
     educational agency receiving assistance under this part shall 
     report annually to the Secretary, and make widely available 
     within the State--
       ``(A) information on the achievement of students on the 
     academic assessments required by subsection (b)(2), including 
     the disaggregated results for the subgroups of students as 
     defined in subsection (c)(2);
       ``(B) information on the acquisition of English proficiency 
     by English learners;
       ``(C) the number and names of each public school in the 
     State--
       ``(i) identified for comprehensive support and improvement 
     under subsection (c)(4)(D)(i); and
       ``(ii) implementing targeted support and improvement plans 
     under subsection (d)(2); and
       ``(D) information on the professional qualifications of 
     teachers in the State, including information on the number 
     and the percentage of the following teachers:
       ``(i) Inexperienced teachers.
       ``(ii) Teachers teaching with emergency or provisional 
     credentials.
       ``(iii) Teachers who are not teaching in the subject or 
     field for which the teacher is certified or licensed.
       ``(6) Report to congress.--The Secretary shall transmit 
     annually to the Committee on Education and the Workforce of 
     the House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions of the Senate a report that 
     provides national and State-level data on the information 
     collected under paragraph (5). Such report shall be submitted 
     through electronic means only.
       ``(i) Privacy.--
       ``(1) In general.--Information collected or disseminated 
     under this section (including any information collected for 
     or included in the reports described in subsection (h)) shall 
     be collected and disseminated in a manner that protects the 
     privacy of individuals consistent with section 444 of the 
     General Education Provisions Act (20 U.S.C. 1232g, commonly 
     known as the `Family Educational Rights and Privacy Act of 
     1974') and this Act.
       ``(2) Sufficiency.--The reports described in subsection (h) 
     shall only include data that are sufficient to yield 
     statistically reliable information.
       ``(3) Disaggregation.--Disaggregation under this section 
     shall not be required if such disaggregation will reveal 
     personally identifiable information about any student, 
     teacher, principal, or other school leader, or will provide 
     data that are insufficient to yield statistically reliable 
     information.
       ``(j) Voluntary Partnerships.--A State retains the right to 
     enter into a voluntary partnership with another State to 
     develop and implement the challenging State academic 
     standards and assessments required under this section, except 
     that the Secretary shall not attempt to influence, 
     incentivize, or coerce State--
       ``(1) adoption of the Common Core State Standards developed 
     under the Common Core State Standards Initiative or any other 
     academic standards common to a significant number of States, 
     or assessments tied to such standards; or
       ``(2) participation in such partnerships.
       ``(k) Special Rule With Respect to Bureau-Funded Schools.--
     In determining the assessments to be used by each school 
     operated or funded by the Bureau of Indian Education 
     receiving funds under this part, the following shall apply 
     until the requirements of section 8204(c) have been met:
       ``(1) Each such school that is accredited by the State in 
     which it is operating shall use the assessments and other 
     academic indicators the State has developed and implemented 
     to meet the requirements of this section, or such other 
     appropriate assessment and academic indicators as approved by 
     the Secretary of the Interior.
       ``(2) Each such school that is accredited by a regional 
     accrediting organization (in consultation with and with the 
     approval of the Secretary of the Interior, and consistent 
     with assessments and academic indicators adopted by other 
     schools in the same State or region) shall adopt an 
     appropriate assessment and other academic indicators that 
     meet the requirements of this section.
       ``(3) Each such school that is accredited by a tribal 
     accrediting agency or tribal division of education shall use 
     an assessment and other academic indicators developed by such 
     agency or division, except that the Secretary of the Interior 
     shall ensure that such assessment and academic indicators 
     meet the requirements of this section.
       ``(l) Construction.--Nothing in this part shall be 
     construed to prescribe the use of the academic assessments 
     described in this part for student promotion or graduation 
     purposes.''.

     SEC. 1006. LOCAL EDUCATIONAL AGENCY PLANS.

       Section 1112 (20 U.S.C. 6312) is amended to read as 
     follows:

     ``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

       ``(a) Plans Required.--
       ``(1) Subgrants.--A local educational agency may receive a 
     subgrant under this part for any fiscal year only if such 
     agency has on file with the State educational agency a plan, 
     approved by the State educational agency, that--
       ``(A) is developed with timely and meaningful consultation 
     with teachers, principals, other

[[Page H8458]]

     school leaders, paraprofessionals, specialized instructional 
     support personnel, charter school leaders (in a local 
     educational agency that has charter schools), administrators 
     (including administrators of programs described in other 
     parts of this title), other appropriate school personnel, and 
     with parents of children in schools served under this part; 
     and
       ``(B) as appropriate, is coordinated with other programs 
     under this Act, the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 
     (20 U.S.C. 701 et seq.), the Carl D. Perkins Career and 
     Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et 
     seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et 
     seq.), the Adult Education and Family Literacy Act (29 U.S.C. 
     3271 et seq.), and other Acts as appropriate.
       ``(2) Consolidated application.--The plan may be submitted 
     as part of a consolidated application under section 8305.
       ``(3) State approval.--
       ``(A) In general.--Each local educational agency plan shall 
     be filed according to a schedule established by the State 
     educational agency.
       ``(B) Approval.--The State educational agency shall approve 
     a local educational agency's plan only if the State 
     educational agency determines that the local educational 
     agency's plan--
       ``(i) provides that schools served under this part 
     substantially help children served under this part meet the 
     challenging State academic standards; and
       ``(ii) meets the requirements of this section.
       ``(4) Duration.--Each local educational agency plan shall 
     be submitted for the first year for which this part is in 
     effect following the date of enactment of the Every Student 
     Succeeds Act and shall remain in effect for the duration of 
     the agency's participation under this part.
       ``(5) Review.--Each local educational agency shall 
     periodically review and, as necessary, revise its plan.
       ``(6) Rule of construction.--Consultation required under 
     paragraph (1)(A) shall not interfere with the timely 
     submission of the plan required under this section.
       ``(b) Plan Provisions.--To ensure that all children receive 
     a high-quality education, and to close the achievement gap 
     between children meeting the challenging State academic 
     standards and those children who are not meeting such 
     standards, each local educational agency plan shall 
     describe--
       ``(1) how the local educational agency will monitor 
     students' progress in meeting the challenging State academic 
     standards by--
       ``(A) developing and implementing a well-rounded program of 
     instruction to meet the academic needs of all students;
       ``(B) identifying students who may be at risk for academic 
     failure;
       ``(C) providing additional educational assistance to 
     individual students the local educational agency or school 
     determines need help in meeting the challenging State 
     academic standards; and
       ``(D) identifying and implementing instructional and other 
     strategies intended to strengthen academic programs and 
     improve school conditions for student learning;
       ``(2) how the local educational agency will identify and 
     address, as required under State plans as described in 
     section 1111(g)(1)(B), any disparities that result in low-
     income students and minority students being taught at higher 
     rates than other students by ineffective, inexperienced, or 
     out-of-field teachers;
       ``(3) how the local educational agency will carry out its 
     responsibilities under paragraphs (1) and (2) of section 
     1111(d);
       ``(4) the poverty criteria that will be used to select 
     school attendance areas under section 1113;
       ``(5) in general, the nature of the programs to be 
     conducted by such agency's schools under sections 1114 and 
     1115 and, where appropriate, educational services outside 
     such schools for children living in local institutions for 
     neglected or delinquent children, and for neglected and 
     delinquent children in community day school programs;
       ``(6) the services the local educational agency will 
     provide homeless children and youths, including services 
     provided with funds reserved under section 1113(c)(3)(A), to 
     support the enrollment, attendance, and success of homeless 
     children and youths, in coordination with the services the 
     local educational agency is providing under the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.);
       ``(7) the strategy the local educational agency will use to 
     implement effective parent and family engagement under 
     section 1116;
       ``(8) if applicable, how the local educational agency will 
     support, coordinate, and integrate services provided under 
     this part with early childhood education programs at the 
     local educational agency or individual school level, 
     including plans for the transition of participants in such 
     programs to local elementary school programs;
       ``(9) how teachers and school leaders, in consultation with 
     parents, administrators, paraprofessionals, and specialized 
     instructional support personnel, in schools operating a 
     targeted assistance school program under section 1115, will 
     identify the eligible children most in need of services under 
     this part;
       ``(10) how the local educational agency will implement 
     strategies to facilitate effective transitions for students 
     from middle grades to high school and from high school to 
     postsecondary education including, if applicable--
       ``(A) through coordination with institutions of higher 
     education, employers, and other local partners; and
       ``(B) through increased student access to early college 
     high school or dual or concurrent enrollment opportunities, 
     or career counseling to identify student interests and 
     skills;
       ``(11) how the local educational agency will support 
     efforts to reduce the overuse of discipline practices that 
     remove students from the classroom, which may include 
     identifying and supporting schools with high rates of 
     discipline, disaggregated by each of the subgroups of 
     students, as defined in section 1111(c)(2);
       ``(12) if determined appropriate by the local educational 
     agency, how such agency will support programs that coordinate 
     and integrate--
       ``(A) academic and career and technical education content 
     through coordinated instructional strategies, that may 
     incorporate experiential learning opportunities and promote 
     skills attainment important to in-demand occupations or 
     industries in the State; and
       ``(B) work-based learning opportunities that provide 
     students in-depth interaction with industry professionals 
     and, if appropriate, academic credit; and
       ``(13) any other information on how the local educational 
     agency proposes to use funds to meet the purposes of this 
     part, and that the local educational agency determines 
     appropriate to provide, which may include how the local 
     educational agency will--
       ``(A) assist schools in identifying and serving gifted and 
     talented students; and
       ``(B) assist schools in developing effective school library 
     programs to provide students an opportunity to develop 
     digital literacy skills and improve academic achievement.
       ``(c) Assurances.--Each local educational agency plan shall 
     provide assurances that the local educational agency will--
       ``(1) ensure that migratory children and formerly migratory 
     children who are eligible to receive services under this part 
     are selected to receive such services on the same basis as 
     other children who are selected to receive services under 
     this part;
       ``(2) provide services to eligible children attending 
     private elementary schools and secondary schools in 
     accordance with section 1117, and timely and meaningful 
     consultation with private school officials regarding such 
     services;
       ``(3) participate, if selected, in the National Assessment 
     of Educational Progress in reading and mathematics in grades 
     4 and 8 carried out under section 303(b)(3) of the National 
     Assessment of Educational Progress Authorization Act (20 
     U.S.C. 9622(b)(3));
       ``(4) coordinate and integrate services provided under this 
     part with other educational services at the local educational 
     agency or individual school level, such as services for 
     English learners, children with disabilities, migratory 
     children, American Indian, Alaska Native, and Native Hawaiian 
     children, and homeless children and youths, in order to 
     increase program effectiveness, eliminate duplication, and 
     reduce fragmentation of the instructional program;
       ``(5) collaborate with the State or local child welfare 
     agency to--
       ``(A) designate a point of contact if the corresponding 
     child welfare agency notifies the local educational agency, 
     in writing, that the agency has designated an employee to 
     serve as a point of contact for the local educational agency; 
     and
       ``(B) by not later than 1 year after the date of enactment 
     of the Every Student Succeeds Act, develop and implement 
     clear written procedures governing how transportation to 
     maintain children in foster care in their school of origin 
     when in their best interest will be provided, arranged, and 
     funded for the duration of the time in foster care, which 
     procedures shall--
       ``(i) ensure that children in foster care needing 
     transportation to the school of origin will promptly receive 
     transportation in a cost-effective manner and in accordance 
     with section 475(4)(A) of the Social Security Act (42 U.S.C. 
     675(4)(A)); and
       ``(ii) ensure that, if there are additional costs incurred 
     in providing transportation to maintain children in foster 
     care in their schools of origin, the local educational agency 
     will provide transportation to the school of origin if--

       ``(I) the local child welfare agency agrees to reimburse 
     the local educational agency for the cost of such 
     transportation;
       ``(II) the local educational agency agrees to pay for the 
     cost of such transportation; or
       ``(III) the local educational agency and the local child 
     welfare agency agree to share the cost of such 
     transportation; and

       ``(6) ensure that all teachers and paraprofessionals 
     working in a program supported with funds under this part 
     meet applicable State certification and licensure 
     requirements, including any requirements for certification 
     obtained through alternative routes to certification; and
       ``(7) in the case of a local educational agency that 
     chooses to use funds under this part to provide early 
     childhood education services to low-income children below the 
     age of compulsory school attendance, ensure that such 
     services comply with the performance standards established 
     under section 641A(a) of the Head Start Act (42 U.S.C. 
     9836a(a)).
       ``(d) Special Rule.--For local educational agencies using 
     funds under this part for the purposes described in 
     subsection (c)(7), the Secretary shall--
       ``(1) consult with the Secretary of Health and Human 
     Services and establish procedures (taking into consideration 
     existing State and local laws, and local teacher contracts) 
     to assist local educational agencies to comply with such 
     subsection; and
       ``(2) disseminate to local educational agencies the 
     education performance standards in effect under section 
     641A(a) of the Head Start Act (42 U.S.C. 9836a(a)), and such 
     agencies affected by such subsection (c)(7) shall plan to 
     comply with such subsection (taking into consideration 
     existing State and local laws, and local teacher contracts), 
     including by pursuing the availability of other Federal, 
     State, and local funding sources to assist with such 
     compliance.

[[Page H8459]]

       ``(e) Parents Right-to-know.--
       ``(1) Information for parents.--
       ``(A) In general.--At the beginning of each school year, a 
     local educational agency that receives funds under this part 
     shall notify the parents of each student attending any school 
     receiving funds under this part that the parents may request, 
     and the agency will provide the parents on request (and in a 
     timely manner), information regarding the professional 
     qualifications of the student's classroom teachers, including 
     at a minimum, the following:
       ``(i) Whether the student's teacher--

       ``(I) has met State qualification and licensing criteria 
     for the grade levels and subject areas in which the teacher 
     provides instruction;
       ``(II) is teaching under emergency or other provisional 
     status through which State qualification or licensing 
     criteria have been waived; and
       ``(III) is teaching in the field of discipline of the 
     certification of the teacher.

       ``(ii) Whether the child is provided services by 
     paraprofessionals and, if so, their qualifications.
       ``(B) Additional information.--In addition to the 
     information that parents may request under subparagraph (A), 
     a school that receives funds under this part shall provide to 
     each individual parent of a child who is a student in such 
     school, with respect to such student--
       ``(i) information on the level of achievement and academic 
     growth of the student, if applicable and available, on each 
     of the State academic assessments required under this part; 
     and
       ``(ii) timely notice that the student has been assigned, or 
     has been taught for 4 or more consecutive weeks by, a teacher 
     who does not meet applicable State certification or licensure 
     requirements at the grade level and subject area in which the 
     teacher has been assigned.
       ``(2) Testing transparency.--
       ``(A) In general.--At the beginning of each school year, a 
     local educational agency that receives funds under this part 
     shall notify the parents of each student attending any school 
     receiving funds under this part that the parents may request, 
     and the local educational agency will provide the parents on 
     request (and in a timely manner), information regarding any 
     State or local educational agency policy regarding student 
     participation in any assessments mandated by section 
     1111(b)(2) and by the State or local educational agency, 
     which shall include a policy, procedure, or parental right to 
     opt the child out of such assessment, where applicable.
       ``(B) Additional information.--Subject to subparagraph (C), 
     each local educational agency that receives funds under this 
     part shall make widely available through public means 
     (including by posting in a clear and easily accessible manner 
     on the local educational agency's website and, where 
     practicable, on the website of each school served by the 
     local educational agency) for each grade served by the local 
     educational agency, information on each assessment required 
     by the State to comply with section 1111, other assessments 
     required by the State, and where such information is 
     available and feasible to report, assessments required 
     districtwide by the local educational agency, including--
       ``(i) the subject matter assessed;
       ``(ii) the purpose for which the assessment is designed and 
     used;
       ``(iii) the source of the requirement for the assessment; 
     and
       ``(iv) where such information is available--

       ``(I) the amount of time students will spend taking the 
     assessment, and the schedule for the assessment; and
       ``(II) the time and format for disseminating results.

       ``(C) Local educational agency that does not operate a 
     website.--In the case of a local educational agency that does 
     not operate a website, such local educational agency shall 
     determine how to make the information described in 
     subparagraph (A) widely available, such as through 
     distribution of that information to the media, through public 
     agencies, or directly to parents.
       ``(3) Language instruction.--
       ``(A) Notice.--Each local educational agency using funds 
     under this part or title III to provide a language 
     instruction educational program as determined under title III 
     shall, not later than 30 days after the beginning of the 
     school year, inform parents of an English learner identified 
     for participation or participating in such a program, of--
       ``(i) the reasons for the identification of their child as 
     an English learner and in need of placement in a language 
     instruction educational program;
       ``(ii) the child's level of English proficiency, how such 
     level was assessed, and the status of the child's academic 
     achievement;
       ``(iii) the methods of instruction used in the program in 
     which their child is, or will be, participating and the 
     methods of instruction used in other available programs, 
     including how such programs differ in content, instructional 
     goals, and the use of English and a native language in 
     instruction;
       ``(iv) how the program in which their child is, or will be, 
     participating will meet the educational strengths and needs 
     of their child;
       ``(v) how such program will specifically help their child 
     learn English and meet age-appropriate academic achievement 
     standards for grade promotion and graduation;
       ``(vi) the specific exit requirements for the program, 
     including the expected rate of transition from such program 
     into classrooms that are not tailored for English learners, 
     and the expected rate of graduation from high school 
     (including four-year adjusted cohort graduation rates and 
     extended-year adjusted cohort graduation rates for such 
     program) if funds under this part are used for children in 
     high schools;
       ``(vii) in the case of a child with a disability, how such 
     program meets the objectives of the individualized education 
     program of the child, as described in section 614(d) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1414(d)); and
       ``(viii) information pertaining to parental rights that 
     includes written guidance--

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

       ``(B) Special rule applicable during the school year.--For 
     those children who have not been identified as English 
     learners prior to the beginning of the school year but are 
     identified as English learners during such school year, the 
     local educational agency shall notify the children's parents 
     during the first 2 weeks of the child being placed in a 
     language instruction educational program consistent with 
     subparagraph (A).
       ``(C) Parental participation.--
       ``(i) In general.--Each local educational agency receiving 
     funds under this part shall implement an effective means of 
     outreach to parents of English learners to inform the parents 
     regarding how the parents can--

       ``(I) be involved in the education of their children; and
       ``(II) be active participants in assisting their children 
     to--

       ``(aa) attain English proficiency;
       ``(bb) achieve at high levels within a well-rounded 
     education; and
       ``(cc) meet the challenging State academic standards 
     expected of all students.
       ``(ii) Regular meetings.--Implementing an effective means 
     of outreach to parents under clause (i) shall include 
     holding, and sending notice of opportunities for, regular 
     meetings for the purpose of formulating and responding to 
     recommendations from parents of students assisted under this 
     part or title III.
       ``(D) Basis for admission or exclusion.--A student shall 
     not be admitted to, or excluded from, any federally assisted 
     education program on the basis of a surname or language-
     minority status.
       ``(4) Notice and format.--The notice and information 
     provided to parents under this subsection shall be in an 
     understandable and uniform format and, to the extent 
     practicable, provided in a language that the parents can 
     understand.''.

     SEC. 1007. ELIGIBLE SCHOOL ATTENDANCE AREAS.

       Section 1113 (20 U.S.C. 6313) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) Ranking order.--
       ``(A) Ranking.--Except as provided in subparagraph (B), if 
     funds allocated in accordance with subsection (c) are 
     insufficient to serve all eligible school attendance areas, a 
     local educational agency shall--
       ``(i) annually rank, without regard to grade spans, such 
     agency's eligible school attendance areas in which the 
     concentration of children from low-income families exceeds 75 
     percent from highest to lowest according to the percentage of 
     children from low-income families; and
       ``(ii) serve such eligible school attendance areas in rank 
     order.
       ``(B) Exception.--A local educational agency may lower the 
     threshold in subparagraph (A)(i) to 50 percent for high 
     schools served by such agency.''; and
       (B) by striking paragraph (5) and inserting the following:
       ``(5) Measures.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a local educational agency shall use the same measure of 
     poverty, which measure shall be the number of children aged 5 
     through 17 in poverty counted in the most recent census data 
     approved by the Secretary, the number of children eligible 
     for a free or reduced price lunch under the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.), 
     the number of children in families receiving assistance under 
     the State program funded under part A of title IV of the 
     Social Security Act, or the number of children eligible to 
     receive medical assistance under the Medicaid Program, or a 
     composite of such indicators, with respect to all school 
     attendance areas in the local educational agency--
       ``(i) to identify eligible school attendance areas;
       ``(ii) to determine the ranking of each area; and
       ``(iii) to determine allocations under subsection (c).
       ``(B) Secondary schools.--For measuring the number of 
     students in low-income families in secondary schools, the 
     local educational agency shall use the same measure of 
     poverty, which shall be--
       ``(i) the measure described under subparagraph (A); or
       ``(ii) subject to meeting the conditions of subparagraph 
     (C), an accurate estimate of the number of students in low-
     income families in a secondary school that is calculated by 
     applying the average percentage of students in low-income 
     families of the elementary school attendance areas as 
     calculated under subparagraph (A) that feed into the 
     secondary school to the number of students enrolled in such 
     school.
       ``(C) Measure of poverty.--The local educational agency 
     shall have the option to use the measure of poverty described 
     in subparagraph (B)(ii) after--
       ``(i) conducting outreach to secondary schools within such 
     agency to inform such schools of the option to use such 
     measure; and

[[Page H8460]]

       ``(ii) a majority of such schools have approved the use of 
     such measure.'';
       (2) in subsection (b)(1)(D)(i), by striking ``section 
     1120A(c)'' and inserting ``section 1118(c)''; and 
       (3) in subsection (c)--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) Reservation of funds.--
       ``(A) In general.--A local educational agency shall reserve 
     such funds as are necessary under this part, determined in 
     accordance with subparagraphs (B) and (C), to provide 
     services comparable to those provided to children in schools 
     funded under this part to serve--
       ``(i) homeless children and youths, including providing 
     educationally related support services to children in 
     shelters and other locations where children may live;
       ``(ii) children in local institutions for neglected 
     children; and
       ``(iii) if appropriate, children in local institutions for 
     delinquent children, and neglected or delinquent children in 
     community day programs.
       ``(B) Method of determination.--The share of funds 
     determined under subparagraph (A) shall be determined--
       ``(i) based on the total allocation received by the local 
     educational agency; and
       ``(ii) prior to any allowable expenditures or transfers by 
     the local educational agency.
       ``(C) Homeless children and youths.--Funds reserved under 
     subparagraph (A)(i) may be--
       ``(i) determined based on a needs assessment of homeless 
     children and youths in the local educational agency, taking 
     into consideration the number and needs of homeless children 
     and youths in the local educational agency, and which needs 
     assessment may be the same needs assessment as conducted 
     under section 723(b)(1) of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11433(b)(1)); and
       ``(ii) used to provide homeless children and youths with 
     services not ordinarily provided to other students under this 
     part, including providing--

       ``(I) funding for the liaison designated pursuant to 
     section 722(g)(1)(J)(ii) of such Act (42 U.S.C. 
     11432(g)(1)(J)(ii)); and
       ``(II) transportation pursuant to section 722(g)(1)(J)(iii) 
     of such Act (42 U.S.C. 11432(g)(1)(J)(iii)).'';

       (B) in paragraph (4), by striking ``school improvement, 
     corrective action, and restructuring under section 1116(b)'' 
     and inserting ``comprehensive support and improvement 
     activities or targeted support and improvement activities 
     under section 1111(d)''; and
       (C) by adding at the end the following:
       ``(5) Early childhood education.--A local educational 
     agency may reserve funds made available to carry out this 
     section to provide early childhood education programs for 
     eligible children.''.

     SEC. 1008. SCHOOLWIDE PROGRAMS.

       Section 1114 (20 U.S.C. 6314) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--
       ``(1) Use of funds for schoolwide programs.--
       ``(A) Eligibility.--A local educational agency may 
     consolidate and use funds under this part, together with 
     other Federal, State, and local funds, in order to upgrade 
     the entire educational program of a school that serves an 
     eligible school attendance area in which not less than 40 
     percent of the children are from low-income families, or not 
     less than 40 percent of the children enrolled in the school 
     are from such families.
       ``(B) Exception.--A school that serves an eligible school 
     attendance area in which less than 40 percent of the children 
     are from low-income families, or a school for which less than 
     40 percent of the children enrolled in the school are from 
     such families, may operate a schoolwide program under this 
     section if the school receives a waiver from the State 
     educational agency to do so, after taking into account how a 
     schoolwide program will best serve the needs of the students 
     in the school served under this part in improving academic 
     achievement and other factors.
       ``(2) Identification of students not required.--
       ``(A) In general.--No school participating in a schoolwide 
     program shall be required to identify--
       ``(i) particular children under this part as eligible to 
     participate in a schoolwide program; or
       ``(ii) individual services as supplementary.
       ``(B) Supplemental funds.--In accordance with the method of 
     determination described in section 1118(b)(2), a school 
     participating in a schoolwide program shall use funds 
     available to carry out this section only to supplement the 
     amount of funds that would, in the absence of funds under 
     this part, be made available from non-Federal sources for the 
     school, including funds needed to provide services that are 
     required by law for children with disabilities and English 
     learners.
       ``(3) Exemption from statutory and regulatory 
     requirements.--
       ``(A) Exemption.--Except as provided in paragraph (2), the 
     Secretary may, through publication of a notice in the Federal 
     Register, exempt schoolwide programs under this section from 
     statutory or regulatory provisions of any other 
     noncompetitive formula grant program administered by the 
     Secretary (other than formula or discretionary grant programs 
     under the Individuals with Disabilities Education Act (20 
     U.S.C. 1400 et seq.), except as provided in section 
     613(a)(2)(D) of such Act (20 U.S.C. 1413(a)(2)(D))), or any 
     discretionary grant program administered by the Secretary, to 
     support schoolwide programs if the intent and purposes of 
     such other programs are met.
       ``(B) Requirements.--A school that chooses to use funds 
     from such other programs shall not be relieved of the 
     requirements relating to health, safety, civil rights, 
     student and parental participation and involvement, services 
     to private school children, comparability of services, 
     maintenance of effort, uses of Federal funds to supplement, 
     not supplant non-Federal funds (in accordance with the method 
     of determination described in section 1118(b)(2)), or the 
     distribution of funds to State educational agencies or local 
     educational agencies that apply to the receipt of funds from 
     such programs.
       ``(C) Records.--A school that chooses to consolidate and 
     use funds from different Federal programs under this section 
     shall not be required to maintain separate fiscal accounting 
     records, by program, that identify the specific activities 
     supported by those particular funds as long as the school 
     maintains records that demonstrate that the schoolwide 
     program, considered as a whole, addresses the intent and 
     purposes of each of the Federal programs that were 
     consolidated to support the schoolwide program.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Schoolwide Program Plan.--An eligible school 
     operating a schoolwide program shall develop a comprehensive 
     plan (or amend a plan for such a program that was in 
     existence on the day before the date of the enactment of the 
     Every Student Succeeds Act) that--
       ``(1) is developed during a 1-year period, unless--
       ``(A) the local educational agency determines, in 
     consultation with the school, that less time is needed to 
     develop and implement the schoolwide program; or
       ``(B) the school is operating a schoolwide program on the 
     day before the date of the enactment of the Every Student 
     Succeeds Act, in which case such school may continue to 
     operate such program, but shall develop amendments to its 
     existing plan during the first year of assistance after that 
     date to reflect the provisions of this section;
       ``(2) is developed with the involvement of parents and 
     other members of the community to be served and individuals 
     who will carry out such plan, including teachers, principals, 
     other school leaders, paraprofessionals present in the 
     school, administrators (including administrators of programs 
     described in other parts of this title), the local 
     educational agency, to the extent feasible, tribes and tribal 
     organizations present in the community, and, if appropriate, 
     specialized instructional support personnel, technical 
     assistance providers, school staff, if the plan relates to a 
     secondary school, students, and other individuals determined 
     by the school;
       ``(3) remains in effect for the duration of the school's 
     participation under this part, except that the plan and its 
     implementation shall be regularly monitored and revised as 
     necessary based on student needs to ensure that all students 
     are provided opportunities to meet the challenging State 
     academic standards;
       ``(4) is available to the local educational agency, 
     parents, and the public, and the information contained in 
     such plan shall be in an understandable and uniform format 
     and, to the extent practicable, provided in a language that 
     the parents can understand; and
       ``(5) if appropriate and applicable, is developed in 
     coordination and integration with other Federal, State, and 
     local services, resources, and programs, such as programs 
     supported under this Act, violence prevention programs, 
     nutrition programs, housing programs, Head Start programs, 
     adult education programs, career and technical education 
     programs, and schools implementing comprehensive support and 
     improvement activities or targeted support and improvement 
     activities under section 1111(d);
       ``(6) is based on a comprehensive needs assessment of the 
     entire school that takes into account information on the 
     academic achievement of children in relation to the 
     challenging State academic standards, particularly the needs 
     of those children who are failing, or are at-risk of failing, 
     to meet the challenging State academic standards and any 
     other factors as determined by the local educational agency; 
     and
       ``(7) includes a description of--
       ``(A) the strategies that the school will be implementing 
     to address school needs, including a description of how such 
     strategies will--
       ``(i) provide opportunities for all children, including 
     each of the subgroups of students (as defined in section 
     1111(c)(2)) to meet the challenging State academic standards;
       ``(ii) use methods and instructional strategies that 
     strengthen the academic program in the school, increase the 
     amount and quality of learning time, and help provide an 
     enriched and accelerated curriculum, which may include 
     programs, activities, and courses necessary to provide a 
     well-rounded education; and
       ``(iii) address the needs of all children in the school, 
     but particularly the needs of those at risk of not meeting 
     the challenging State academic standards, through activities 
     which may include--

       ``(I) counseling, school-based mental health programs, 
     specialized instructional support services, mentoring 
     services, and other strategies to improve students' skills 
     outside the academic subject areas;
       ``(II) preparation for and awareness of opportunities for 
     postsecondary education and the workforce, which may include 
     career and technical education programs and broadening 
     secondary school students' access to coursework to earn 
     postsecondary credit while still in high school (such as 
     Advanced Placement, International Baccalaureate, dual or 
     concurrent enrollment, or early college high schools);
       ``(III) implementation of a schoolwide tiered model to 
     prevent and address problem behavior, and early intervening 
     services, coordinated with

[[Page H8461]]

     similar activities and services carried out under the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.);
       ``(IV) professional development and other activities for 
     teachers, paraprofessionals, and other school personnel to 
     improve instruction and use of data from academic 
     assessments, and to recruit and retain effective teachers, 
     particularly in high-need subjects; and
       ``(V) strategies for assisting preschool children in the 
     transition from early childhood education programs to local 
     elementary school programs; and

       ``(B) if programs are consolidated, the specific State 
     educational agency and local educational agency programs and 
     other Federal programs that will be consolidated in the 
     schoolwide program.'';
       (3) by striking subsection (c) and inserting the following:
       ``(c) Preschool Programs.--A school that operates a 
     schoolwide program under this section may use funds available 
     under this part to establish or enhance preschool programs 
     for children who are under 6 years of age.
       ``(d) Delivery of Services.--The services of a schoolwide 
     program under this section may be delivered by nonprofit or 
     for-profit external providers with expertise in using 
     evidence-based or other effective strategies to improve 
     student achievement.
       ``(e) Use of Funds for Dual or Concurrent Enrollment 
     Programs.--
       ``(1) In general.--A secondary school operating a 
     schoolwide program under this section may use funds received 
     under this part to operate dual or concurrent enrollment 
     programs that address the needs of low-achieving secondary 
     school students and those at risk of not meeting the 
     challenging State academic standards.
       ``(2) Flexibility of funds.--A secondary school using funds 
     received under this part for a dual or concurrent enrollment 
     program described in paragraph (1) may use such funds for any 
     of the costs associated with such program, including the 
     costs of--
       ``(A) training for teachers, and joint professional 
     development for teachers in collaboration with career and 
     technical educators and educators from institutions of higher 
     education, where appropriate, for the purpose of integrating 
     rigorous academics in such program;
       ``(B) tuition and fees, books, required instructional 
     materials for such program, and innovative delivery methods; 
     and
       ``(C) transportation to and from such program.
       ``(3) Rule of construction.--Nothing in this subsection 
     shall be construed to impose on any State any requirement or 
     rule regarding dual or concurrent enrollment programs that is 
     inconsistent with State law.''.

     SEC. 1009. TARGETED ASSISTANCE SCHOOLS.

       Section 1115 (20 U.S.C. 6315) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--In all schools selected to receive funds 
     under section 1113(c) that are ineligible for a schoolwide 
     program under section 1114, have not received a waiver under 
     section 1114(a)(1)(B) to operate such a schoolwide program, 
     or choose not to operate such a schoolwide program, a local 
     educational agency serving such school may use funds received 
     under this part only for programs that provide services to 
     eligible children under subsection (c) identified as having 
     the greatest need for special assistance.'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (b), respectively, and moving those redesignated 
     subsections so as to appear in alphabetical order;
       (3) by striking subsection (b), as redesignated by 
     paragraph (2), and inserting the following:
       ``(b) Targeted Assistance School Program.--To assist 
     targeted assistance schools and local educational agencies to 
     meet their responsibility to provide for all their students 
     served under this part the opportunity to meet the 
     challenging State academic standards, each targeted 
     assistance program under this section shall--
       ``(1) determine which students will be served;
       ``(2) serve participating students identified as eligible 
     children under subsection (c), including by--
       ``(A) using resources under this part to help eligible 
     children meet the challenging State academic standards, which 
     may include programs, activities, and academic courses 
     necessary to provide a well-rounded education;
       ``(B) using methods and instructional strategies to 
     strengthen the academic program of the school through 
     activities, which may include--
       ``(i) expanded learning time, before- and after-school 
     programs, and summer programs and opportunities; and
       ``(ii) a schoolwide tiered model to prevent and address 
     behavior problems, and early intervening services, 
     coordinated with similar activities and services carried out 
     under the Individuals with Disabilities Education Act (20 
     U.S.C. 1400 et seq.);
       ``(C) coordinating with and supporting the regular 
     education program, which may include services to assist 
     preschool children in the transition from early childhood 
     education programs such as Head Start, the literacy program 
     under subpart 2 of part B of title II, or State-run preschool 
     programs to elementary school programs;
       ``(D) providing professional development with resources 
     provided under this part, and, to the extent practicable, 
     from other sources, to teachers, principals, other school 
     leaders, paraprofessionals, and, if appropriate, specialized 
     instructional support personnel, and other school personnel 
     who work with eligible children in programs under this 
     section or in the regular education program;
       ``(E) implementing strategies to increase the involvement 
     of parents of eligible children in accordance with section 
     1116; and
       ``(F) if appropriate and applicable, coordinating and 
     integrating Federal, State, and local services and programs, 
     such as programs supported under this Act, violence 
     prevention programs, nutrition programs, housing programs, 
     Head Start programs, adult education programs, career and 
     technical education programs, and comprehensive support and 
     improvement activities or targeted support and improvement 
     activities under section 1111(d); and
       ``(G) provide to the local educational agency assurances 
     that the school will--
       ``(i) help provide an accelerated, high-quality curriculum;
       ``(ii) minimize the removal of children from the regular 
     classroom during regular school hours for instruction 
     provided under this part; and
       ``(iii) on an ongoing basis, review the progress of 
     eligible children and revise the targeted assistance program 
     under this section, if necessary, to provide additional 
     assistance to enable such children to meet the challenging 
     State academic standards.'';
       (4) in subsection (c), as redesignated by paragraph (2)--
       (A) in paragraph (1)(B)--
       (i) by striking ``the State's challenging student academic 
     achievement standards'' and inserting ``the challenging State 
     academic standards''; and
       (ii) by striking ``such criteria as teacher judgment, 
     interviews with parents, and developmentally appropriate 
     measures'' and inserting ``criteria, including objective 
     criteria, established by the local educational agency and 
     supplemented by the school''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``limited English 
     proficient children'' and inserting ``English learners'';
       (ii) in subparagraph (B)--

       (I) by striking the heading and inserting ``head start and 
     preschool children''; and
       (II) by striking ``Head Start, Even Start, or Early Reading 
     First program,'' and inserting ``Head Start program, the 
     literacy program under subpart 2 of part B of title II,''; 
     and

       (iii) in subparagraph (C), by striking the heading and 
     inserting ``migrant children'';
       (5) in subsection (e)--
       (A) in paragraph (2)(B)--
       (i) by striking ``and'' at the end of clause (ii);
       (ii) by redesignating clause (iii) as clause (v); and
       (iii) by inserting after clause (ii) the following new 
     clauses:
       ``(iii) family support and engagement services;
       ``(iv) integrated student supports; and''; and
       (iv) in clause (v), as redesignated by clause (iii), by 
     striking ``pupil services'' and inserting ``specialized 
     instructional support''; and
       (B) by striking paragraph (3); and
       (6) by adding at the end the following:
       ``(f) Use of Funds for Dual or Concurrent Enrollment 
     Programs.--A secondary school operating a targeted assistance 
     program under this section may use funds received under this 
     part to provide dual or concurrent enrollment program 
     services described under section 1114(e) to eligible children 
     under subsection (c)(1)(B) who are identified as having the 
     greatest need for special assistance.
       ``(g) Prohibition.--Nothing in this section shall be 
     construed to authorize the Secretary or any other officer or 
     employee of the Federal Government to require a local 
     educational agency or school to submit the results of a 
     comprehensive needs assessment or plan under section 1114(b), 
     or a program described in subsection (b), for review or 
     approval by the Secretary.
       ``(h) Delivery of Services.--The services of a targeted 
     assistance program under this section may be delivered by 
     nonprofit or for-profit external providers with expertise in 
     using evidence-based or other effective strategies to improve 
     student achievement.''.

     SEC. 1010. PARENT AND FAMILY ENGAGEMENT.

       Section 1116, as redesignated by section 1000(2), is 
     amended--
       (1) in the section heading, by striking ``PARENTAL 
     INVOLVEMENT'' and inserting ``PARENT AND FAMILY ENGAGEMENT'';
       (2) in subsection (a)--
       (A) in paragraph (1)--
       (i) by inserting ``conducts outreach to all parents and 
     family members and'' after ``only if such agency''; and
       (ii) by inserting ``and family members'' after ``and 
     procedures for the involvement of parents'';
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A)--

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

       (ii) by striking subparagraphs (A) through (F) and 
     inserting the following:
       ``(A) involve parents and family members in jointly 
     developing the local educational agency plan under section 
     1112, and the development of support and improvement plans 
     under paragraphs (1) and (2) of section 1111(d).
       ``(B) provide the coordination, technical assistance, and 
     other support necessary to assist and build the capacity of 
     all participating schools within the local educational agency 
     in planning and implementing effective parent and family 
     involvement activities to improve student academic 
     achievement and school performance, which may include 
     meaningful consultation with employers, business leaders, and 
     philanthropic organizations, or individuals with expertise in 
     effectively engaging parents and family members in education;

[[Page H8462]]

       ``(C) coordinate and integrate parent and family engagement 
     strategies under this part with parent and family engagement 
     strategies, to the extent feasible and appropriate, with 
     other relevant Federal, State, and local laws and programs;
       ``(D) conduct, with the meaningful involvement of parents 
     and family members, an annual evaluation of the content and 
     effectiveness of the parent and family engagement policy in 
     improving the academic quality of all schools served under 
     this part, including identifying--
       ``(i) barriers to greater participation by parents in 
     activities authorized by this section (with particular 
     attention to parents who are economically disadvantaged, are 
     disabled, have limited English proficiency, have limited 
     literacy, or are of any racial or ethnic minority 
     background);
       ``(ii) the needs of parents and family members to assist 
     with the learning of their children, including engaging with 
     school personnel and teachers; and
       ``(iii) strategies to support successful school and family 
     interactions;
       ``(E) use the findings of such evaluation in subparagraph 
     (D) to design evidence-based strategies for more effective 
     parental involvement, and to revise, if necessary, the parent 
     and family engagement policies described in this section; and
       ``(F) involve parents in the activities of the schools 
     served under this part, which may include establishing a 
     parent advisory board comprised of a sufficient number and 
     representative group of parents or family members served by 
     the local educational agency to adequately represent the 
     needs of the population served by such agency for the 
     purposes of developing, revising, and reviewing the parent 
     and family engagement policy.''; and
       (C) in paragraph (3)--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--Each local educational agency shall 
     reserve at least 1 percent of its allocation under subpart 2 
     to assist schools to carry out the activities described in 
     this section, except that this subparagraph shall not apply 
     if 1 percent of such agency's allocation under subpart 2 for 
     the fiscal year for which the determination is made is $5,000 
     or less. Nothing in this subparagraph shall be construed to 
     limit local educational agencies from reserving more than 1 
     percent of its allocation under subpart 2 to assist schools 
     to carry out activities described in this section.'';
       (ii) in subparagraph (B), by striking ``(B) Parental 
     input.--Parents of children'' and inserting ``(B) Parent and 
     family member input.--Parents and family members of 
     children'';
       (iii) in subparagraph (C)--

       (I) by striking ``95 percent'' and inserting ``90 
     percent''; and
       (II) by inserting ``, with priority given to high-need 
     schools'' after ``schools served under this part''; and

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

     SEC. 1011. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 
                   SCHOOLS.

       Section 1117, as redesignated by section 1000(3), is 
     amended--
       (1) in subsection (a)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--To the extent consistent with the number 
     of eligible children identified under section 1115(c) in the 
     school district served by a local educational agency who are 
     enrolled in private elementary schools and secondary schools, 
     a local educational agency shall--
       ``(A) after timely and meaningful consultation with 
     appropriate private school officials, provide such children, 
     on an equitable basis and individually or in combination, as 
     requested by the officials to best meet the needs of such 
     children, special educational services, instructional 
     services (including evaluations to determine the progress 
     being made in meeting such students' academic needs), 
     counseling, mentoring, one-on-one tutoring, or other benefits 
     under this part (such as dual or concurrent enrollment, 
     educational radio and television, computer equipment and 
     materials, other technology, and mobile educational services 
     and equipment) that address their needs; and
       ``(B) ensure that teachers and families of the children 
     participate, on an equitable basis, in services and 
     activities developed pursuant to section 1116.'';
       (B) by striking paragraph (3) and inserting the following:
       ``(3) Equity.--
       ``(A) In general.--Educational services and other benefits 
     for such private school children shall be equitable in 
     comparison to services and other benefits for public school 
     children participating under this part, and shall be provided 
     in a timely manner.
       ``(B) Ombudsman.--To help ensure such equity for such 
     private school children, teachers, and other educational 
     personnel, the State educational agency involved shall 
     designate an ombudsman to monitor and enforce the 
     requirements of this part.'';
       (C) by striking paragraph (4) and inserting the following:
       ``(4) Expenditures.--
       ``(A) Determination.--
       ``(i) In general.--Expenditures for educational services 
     and other benefits to eligible private school children shall 
     be equal to the proportion of funds allocated to 
     participating school attendance areas based on the number of 
     children from low-income families who attend private schools.

[[Page H8463]]

       ``(ii) Proportional share.--The proportional share of funds 
     shall be determined based on the total amount of funds 
     received by the local educational agency under this part 
     prior to any allowable expenditures or transfers by the local 
     educational agency.
       ``(B) Obligation of funds.--Funds allocated to a local 
     educational agency for educational services and other 
     benefits to eligible private school children shall be 
     obligated in the fiscal year for which the funds are received 
     by the agency.
       ``(C) Notice of allocation.--Each State educational agency 
     shall provide notice in a timely manner to the appropriate 
     private school officials in the State of the allocation of 
     funds for educational services and other benefits under this 
     part that the local educational agencies have determined are 
     available for eligible private school children.
       ``(D) Term of determination.--The local educational agency 
     may determine the equitable share under subparagraph (A) each 
     year or every 2 years.''; and
       (D) in paragraph (5), by striking ``agency'' and inserting 
     ``agency, or, in a case described in subsection (b)(6)(C), 
     the State educational agency involved,'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``part,'' and inserting ``part. Such agency and private 
     school officials shall both have the goal of reaching 
     agreement on how to provide equitable and effective programs 
     for eligible private school children, the results of which 
     agreement shall be transmitted to the ombudsman designated 
     under subsection (a)(3)(B). Such process shall include 
     consultation'';
       (ii) in subparagraph (E)--

       (I) by striking ``and'' before ``the proportion of funds'';
       (II) by striking ``(a)(4)'' and inserting ``(a)(4)(A)'' ; 
     and
       (III) by inserting ``, and how that proportion of funds is 
     determined'' after ``such services'';

       (iii) in subparagraph (G), by striking ``and'' after the 
     semicolon;
       (iv) in subparagraph (H), by striking the period at the end 
     and inserting a semicolon; and
       (v) by adding at the end the following:
       ``(I) whether the agency shall provide services directly or 
     through a separate government agency, consortium, entity, or 
     third-party contractor;
       ``(J) whether to provide equitable services to eligible 
     private school children--
       ``(i) by creating a pool or pools of funds with all of the 
     funds allocated under subsection (a)(4)(A) based on all the 
     children from low-income families in a participating school 
     attendance area who attend private schools; or
       ``(ii) in the agency's participating school attendance area 
     who attend private schools with the proportion of funds 
     allocated under subsection (a)(4)(A) based on the number of 
     children from low-income families who attend private schools;
       ``(K) when, including the approximate time of day, services 
     will be provided; and
       ``(L) whether to consolidate and use funds provided under 
     subsection (a)(4) in coordination with eligible funds 
     available for services to private school children under 
     applicable programs, as defined in section 8501(b)(1)to 
     provide services to eligible private school children 
     participating in programs.'';
       (B) by redesignating paragraphs (2) through (5) as 
     paragraphs (3) through (6), respectively;
       (C) by inserting after paragraph (1) the following:
       ``(2) Disagreement.--If a local educational agency 
     disagrees with the views of private school officials with 
     respect to an issue described in paragraph (1), the local 
     educational agency shall provide in writing to such private 
     school officials the reasons why the local educational agency 
     disagrees.'';
       (D) in paragraph (5) (as redesignated by subparagraph 
     (B))--
       (i) by inserting ``meaningful'' before ``consultation'' in 
     the first sentence;
       (ii) by inserting ``The written affirmation shall provide 
     the option for private school officials to indicate such 
     officials' belief that timely and meaningful consultation has 
     not occurred or that the program design is not equitable with 
     respect to eligible private school children.'' after 
     ``occurred.''; and
       (iii) by striking ``has taken place'' and inserting ``has, 
     or attempts at such consultation have, taken place''; and
       (E) in paragraph (6) (as redesignated by subparagraph 
     (B))--
       (i) in subparagraph (A)--

       (I) by striking ``right to complain to'' and inserting 
     ``right to file a complaint with'';
       (II) by inserting ``asserting'' after ``State educational 
     agency'';
       (III) by striking ``or'' before ``did not give due 
     consideration''; and
       (IV) by inserting ``, or did not make a decision that 
     treats the private school students equitably as required by 
     this section'' before the period at the end;

       (ii) in subparagraph (B), by striking ``to complain,'' and 
     inserting ``to file a complaint,''; and
       (iii) by adding at the end the following:
       ``(C) State educational agencies.--A State educational 
     agency shall provide services under this section directly or 
     through contracts with public or private agencies, 
     organizations, or institutions, if the appropriate private 
     school officials have--
       ``(i) requested that the State educational agency provide 
     such services directly; and
       ``(ii) demonstrated that the local educational agency 
     involved has not met the requirements of this section in 
     accordance with the procedures for making such a request, as 
     prescribed by the State educational agency.'';
       (3) in subsection (c)(2), by striking ``section 9505'' and 
     inserting ``section 8503''; and
       (4) in subsection (e)(2), by striking ``sections 9503 and 
     9504'' and inserting ``sections 8503 and 8504''.

     SEC. 1012. SUPPLEMENT, NOT SUPPLANT.

       Section 1118, as redesignated by section 1000(4), is 
     amended--
       (1) in subsection (a), by striking ``section 9521'' and 
     inserting ``section 8521''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Federal Funds To Supplement, Not Supplant, Non-
     Federal Funds.--
       ``(1) In general.--A State educational agency or local 
     educational agency shall use Federal funds received under 
     this part only to supplement the funds that would, in the 
     absence of such Federal funds, be made available from State 
     and local sources for the education of students participating 
     in programs assisted under this part, and not to supplant 
     such funds.
       ``(2) Compliance.--To demonstrate compliance with paragraph 
     (1), a local educational agency shall demonstrate that the 
     methodology used to allocate State and local funds to each 
     school receiving assistance under this part ensures that such 
     school receives all of the State and local funds it would 
     otherwise receive if it were not receiving assistance under 
     this part.
       ``(3) Special rule.--No local educational agency shall be 
     required to--
       ``(A) identify that an individual cost or service supported 
     under this part is supplemental; or
       ``(B) provide services under this part through a particular 
     instructional method or in a particular instructional setting 
     in order to demonstrate such agency's compliance with 
     paragraph (1).
       ``(4) Prohibition.--Nothing in this section shall be 
     construed to authorize or permit the Secretary to prescribe 
     the specific methodology a local educational agency uses to 
     allocate State and local funds to each school receiving 
     assistance under this part.
       ``(5) Timeline.--A local educational agency--
       ``(A) shall meet the compliance requirement under paragraph 
     (2) not later than 2 years after the date of enactment of the 
     Every Student Succeeds Act; and
       ``(B) may demonstrate compliance with the requirement under 
     paragraph (1) before the end of such 2-year period using the 
     method such local educational agency used on the day before 
     the date of enactment of the Every Student Succeeds Act.''.

     SEC. 1013. COORDINATION REQUIREMENTS.

       Section 1119, as redesignated by section 1000(5), is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``such as the Early Reading First 
     program''; and
       (B) by adding at the end the following new sentence: ``Each 
     local educational agency shall develop agreements with such 
     Head Start agencies and other entities to carry out such 
     activities.''; and
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``early childhood development programs, such as the Early 
     Reading First program,'' and inserting ``early childhood 
     education programs'';
       (B) in paragraph (1), by striking ``early childhood 
     development program such as the Early Reading First program'' 
     and inserting ``early childhood education program'';
       (C) in paragraph (2), by striking ``early childhood 
     development programs such as the Early Reading First 
     program'' and inserting ``early childhood education 
     programs'';
       (D) in paragraph (3), by striking ``early childhood 
     development programs such as the Early Reading First 
     program'' and inserting ``early childhood education 
     programs'';
       (E) in paragraph (4)--
       (i) by striking ``Early Reading First program staff,''; and
       (ii) by striking ``early childhood development program'' 
     and inserting ``early childhood education program''; and
       (F) in paragraph (5), by striking ``and entities carrying 
     out Early Reading First programs''.

     SEC. 1014. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF 
                   THE INTERIOR.

       Section 1121 (20 U.S.C. 6331) is amended to read as 
     follows:

     ``SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY 
                   OF THE INTERIOR.

       ``(a) Reservation of Funds.--Subject to subsection (e), 
     from the amount appropriated for payments to States for any 
     fiscal year under section 1002(a), the Secretary shall--
       ``(1) reserve 0.4 percent to provide assistance to the 
     outlying areas in accordance with subsection (b); and
       ``(2) reserve 0.7 percent to provide assistance to the 
     Secretary of the Interior in accordance with subsection (d).
       ``(b) Assistance to Outlying Areas.--
       ``(1) Funds reserved.--From the amount made available for 
     any fiscal year under subsection (a)(1), the Secretary 
     shall--
       ``(A) first reserve $1,000,000 for the Republic of Palau, 
     until Palau enters into an agreement for extension of United 
     States educational assistance under the Compact of Free 
     Association, and subject to such terms and conditions as the 
     Secretary may establish, except that Public Law 95-134, 
     permitting the consolidation of grants, shall not apply; and
       ``(B) use the remaining funds to award grants to the 
     outlying areas in accordance with paragraphs (2) through (5).
       ``(2) Amount of grants.--The Secretary shall allocate the 
     amount available under paragraph (1)(B) to the outlying areas 
     in proportion to their relative numbers of children, aged 5 
     to 17, inclusive, from families below the poverty level, on 
     the basis of the most recent satisfactory data available from 
     the Department of Commerce.

[[Page H8464]]

       ``(3) Hold-harmless amounts.--For each fiscal year, the 
     amount made available to each outlying area under this 
     subsection 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 paragraph (2) is not less than 30 percent of 
     the total number of children aged 5 to 17 years, inclusive, 
     in the outlying area;
       ``(B) not less than 90 percent of the amount made available 
     for the preceding fiscal year if the percentage described in 
     subparagraph (A) is between 15 percent and 30 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 below 15 percent.
       ``(4) Ratable reductions.--If the amount made available 
     under paragraph (1)(B) for any fiscal year is insufficient to 
     pay the full amounts that the outlying areas are eligible to 
     receive under paragraphs (2) and (3) for that fiscal year, 
     the Secretary shall ratably reduce those amounts.
       ``(5) Uses.--Grant funds awarded under paragraph (1)(A) may 
     be used only--
       ``(A) for programs described in this Act, including teacher 
     training, curriculum development, instructional materials, or 
     general school improvement and reform; and
       ``(B) to provide direct educational services that assist 
     all students with meeting the challenging State academic 
     standards.
       ``(c) Definitions.--For the purpose of this section, the 
     term `outlying area' means the United States Virgin Islands, 
     Guam, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands.
       ``(d) Allotment to the Secretary of the Interior.--
       ``(1) In general.--The amount allotted for payments to the 
     Secretary of the Interior under subsection (a)(2) for any 
     fiscal year shall be used, in accordance with such criteria 
     as the Secretary may establish, to meet the unique 
     educational needs of--
       ``(A) Indian children on reservations served by elementary 
     schools and secondary schools for Indian children operated or 
     supported by the Department of the Interior; and
       ``(B) out-of-State Indian children in elementary schools 
     and secondary schools in local educational agencies under 
     special contracts with the Department of the Interior.
       ``(2) Payments.--From the amount allotted for payments to 
     the Secretary of the Interior under subsection (a)(2), the 
     Secretary of the Interior shall make payments to local 
     educational agencies, on such terms as the Secretary 
     determines will best carry out the purposes of this part, 
     with respect to out-of-State Indian children described in 
     paragraph (1). The amount of such payment may not exceed, for 
     each such child, the greater of--
       ``(A) 40 percent of the average per-pupil expenditure in 
     the State in which the agency is located; or
       ``(B) 48 percent of such expenditure in the United States.
       ``(e) Limitation on Applicability.--If, by reason of the 
     application of subsection (a) for any fiscal year, the total 
     amount available for allocation to all States under this part 
     would be less than the amount allocated to all States for 
     fiscal year 2016 under this part, the Secretary shall provide 
     assistance to the outlying areas and the Secretary of the 
     Interior in accordance with this section, as in effect on the 
     day before the date of enactment of the Every Student 
     Succeeds Act.''.

     SEC. 1015. ALLOCATIONS TO STATES.

       Section 1122(a) (20 U.S.C. 6332(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``2002-2007'' and inserting ``2017-2020''; and
       (2) by striking paragraph (3) and inserting the following:
       ``(3) an amount equal to 100 percent of the amount, if any, 
     by which the total amount made available under this 
     subsection for the current fiscal year for which the 
     determination is made exceeds the total amount available to 
     carry out sections 1124 and 1124A for fiscal year 2001 shall 
     be used to carry out sections 1125 and 1125A and such amount 
     shall be divided equally between sections 1125 and 1125A.''.

     SEC. 1016. ADEQUACY OF FUNDING RULE.

       Section 1125AA (20 U.S.C. 6336) is amended by striking the 
     section heading and all that follows through ``Pursuant'' and 
     inserting the following: ``Adequacy of Funding to Local 
     Educational Agencies in Fiscal Years After Fiscal Year 
     2001.--Pursuant''.

     SEC. 1017. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

       Section 1125A (20 U.S.C. 6337) is amended--
       (1) in subsection (a), by striking ``funds appropriated 
     under subsection (f)'' and inserting ``funds made available 
     under section 1122(a)'';
       (2) in subsection (b)(1)--
       (A) in subparagraph (A), by striking ``appropriated 
     pursuant to subsection (f)'' and inserting ``made available 
     for any fiscal year to carry out this section''; and
       (B) in subparagraph (B)(i), by striking ``total 
     appropriations'' and inserting ``the total amount reserved 
     under section 1122(a) to carry out this section'';
       (3) 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 paragraph (3), in the matter preceding subparagraph 
     (A), by striking ``shall be'' and inserting ``shall be--''.

                    PART B--STATE ASSESSMENT GRANTS

     SEC. 1201. STATE ASSESSMENT GRANTS.

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

                   ``PART B--STATE ASSESSMENT GRANTS

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

       ``(a) Grants Authorized.--From amounts made available in 
     accordance with section 1203, the Secretary shall make grants 
     to State educational agencies to enable the States to carry 
     out 1 or more of the following:
       ``(1) To pay the costs of the development of the State 
     assessments and standards adopted under section 1111(b), 
     which may include the costs of working in voluntary 
     partnerships with other States, at the sole discretion of 
     each such State.
       ``(2) If a State has developed the assessments adopted 
     under section 1111(b), to administer those assessments or to 
     carry out other assessment activities described in this part, 
     such as the following:
       ``(A) Ensuring the provision of appropriate accommodations 
     available to English learners and children with disabilities 
     to improve the rates of inclusion in regular assessments of 
     such children, including professional development activities 
     to improve the implementation of such accommodations in 
     instructional practice.
       ``(B) Developing challenging State academic standards and 
     aligned assessments in academic subjects for which standards 
     and assessments are not required under section 1111(b).
       ``(C) Developing or improving assessments for English 
     learners, including assessments of English language 
     proficiency as required under section 1111(b)(2)(G) and 
     academic assessments in languages other than English to meet 
     the State's obligations under section 1111(b)(2)(F).
       ``(D) Ensuring the continued validity and reliability of 
     State assessments.
       ``(E) Refining State assessments to ensure their continued 
     alignment with the challenging State academic standards and 
     to improve the alignment of curricula and instructional 
     materials.
       ``(F) Developing or improving balanced assessment systems 
     that include summative, interim, and formative assessments, 
     including supporting local educational agencies in developing 
     or improving such assessments.
       ``(G) At the discretion of the State, refining science 
     assessments required under section 1111(b)(2) in order to 
     integrate engineering design skills and practices into such 
     assessments.
       ``(H) Developing or improving models to measure and assess 
     student progress or student growth on State assessments under 
     section 1111(b)(2) and other assessments not required under 
     section 1111(b)(2).
       ``(I) Developing or improving assessments for children with 
     disabilities, including alternate assessments aligned to 
     alternate academic achievement standards for students with 
     the most significant cognitive disabilities described in 
     section 1111(b)(2)(D), and using the principles of universal 
     design for learning.
       ``(J) Allowing for collaboration with institutions of 
     higher education, other research institutions, or other 
     organizations to improve the quality, validity, and 
     reliability of State academic assessments beyond the 
     requirements for such assessments described in section 
     1111(b)(2).
       ``(K) Measuring student academic achievement using multiple 
     measures of student academic achievement from multiple 
     sources.
       ``(L) Evaluating student academic achievement through the 
     development of comprehensive academic assessment instruments 
     (such as performance and technology-based academic 
     assessments, computer adaptive assessments, projects, or 
     extended performance task assessments) that emphasize the 
     mastery of standards and aligned competencies in a 
     competency-based education model.
       ``(M) Designing the report cards and reports under section 
     1111(h) in an easily accessible,

[[Page H8465]]

     user friendly-manner that cross-tabulates student information 
     by any category the State determines appropriate, as long as 
     such cross-tabulation--
       ``(i) does not reveal personally identifiable information 
     about an individual student; and
       ``(ii) is derived from existing State and local reporting 
     requirements.
       ``(b) Rule of Construction.--Nothing in subsection 
     (a)(2)(M) shall be construed as authorizing, requiring, or 
     allowing any additional reporting requirements, data 
     elements, or information to be reported to the Secretary 
     unless such reporting, data, or information is explicitly 
     authorized under this Act.
       ``(c) Annual Report.--Each State educational agency 
     receiving a grant under this section shall submit an annual 
     report to the Secretary describing the State's activities 
     under the grant and the result of such activities.

     ``SEC. 1202. STATE OPTION TO CONDUCT ASSESSMENT SYSTEM AUDIT.

       ``(a) In General.--From the amount reserved under section 
     1203(a)(3) for a fiscal year, the Secretary shall make grants 
     to States to enable the States to--
       ``(1) in the case of a grant awarded under this section to 
     a State for the first time--
       ``(A) audit State assessment systems and ensure that local 
     educational agencies audit local assessments under subsection 
     (e)(1);
       ``(B) execute the State plan under subsection (e)(3)(D); 
     and
       ``(C) award subgrants under subsection (f); and
       ``(2) in the case of a grant awarded under this section to 
     a State that has previously received a grant under this 
     section--
       ``(A) execute the State plan under subsection (e)(3)(D); 
     and
       ``(B) award subgrants under subsection (f).
       ``(b) Minimum Amount.--Each State that receives a grant 
     under this section shall receive an annual grant amount of 
     not less than $1,500,000.
       ``(c) Reallocation.--If a State chooses not to apply for a 
     grant under this section, the Secretary shall reallocate such 
     grant amount to other States in accordance with the formula 
     described in section 1203(a)(4)(B).
       ``(d) Application.--A State desiring to receive a grant 
     under this section shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     shall require. The application shall include a description 
     of--
       ``(1) in the case of a State that is receiving a grant 
     under this section for the first time--
       ``(A) the audit the State will carry out under subsection 
     (e)(1); and
       ``(B) the stakeholder feedback the State will seek in 
     designing such audit;
       ``(2) in the case of a State that is not receiving a grant 
     under this section for the first time, the plan described in 
     subsection (e)(3)(D); and
       ``(3) how the State will award subgrants to local 
     educational agencies under subsection (f).
       ``(e) Audits of State Assessment Systems and Local 
     Assessments.--
       ``(1) Audit requirements.--Not later than 1 year after the 
     date a State receives an initial grant under this section, 
     the State shall--
       ``(A) conduct a State assessment system audit as described 
     in paragraph (3);
       ``(B) ensure that each local educational agency receiving 
     funds under this section--
       ``(i) conducts an audit of local assessments administered 
     by the local educational agency as described in paragraph 
     (4); and
       ``(ii) submits the results of such audit to the State; and
       ``(C) report the results of each State and local 
     educational agency audit conducted under subparagraphs (A) 
     and (B), in a format that is widely accessible and publicly 
     available.
       ``(2) Resources for local educational agencies.--In 
     carrying out paragraph (1)(B), each State shall provide local 
     educational agencies with resources, such as guidelines and 
     protocols, to assist in conducting and reporting audit 
     results.
       ``(3) State assessment system description.--Each State 
     assessment system audit conducted under paragraph (1)(A) 
     shall include--
       ``(A) the schedule for the administration of all State 
     assessments;
       ``(B) for each State assessment--
       ``(i) the purpose for which the assessment was designed and 
     the purpose for which the assessment is used; and
       ``(ii) the legal authority for the administration of the 
     assessment;
       ``(C) feedback on such system from stakeholders, which 
     shall include information such as--
       ``(i) how teachers, principals, other school leaders, and 
     administrators use assessment data to improve and 
     differentiate instruction;
       ``(ii) the timing of release of assessment data;
       ``(iii) the extent to which assessment data is presented in 
     an accessible and understandable format for all stakeholders;
       ``(iv) the opportunities, resources, and training teachers, 
     principals, other school leaders, and administrators are 
     given to review assessment results and make effective use of 
     assessment data;
       ``(v) the distribution of technological resources and 
     personnel necessary to administer assessments;
       ``(vi) the amount of time teachers spend on assessment 
     preparation and administration;
       ``(vii) the assessments that administrators, teachers, 
     principals, other school leaders, parents, and students, if 
     appropriate, do and do not find useful; and
       ``(viii) other information as appropriate; and
       ``(D) a plan, based on the information gathered as a result 
     of the activities described in subparagraphs (A), (B), and 
     (C), to improve and streamline the State assessment system, 
     including activities such as--
       ``(i) eliminating any unnecessary assessments, which may 
     include paying the cost associated with terminating 
     procurement contracts;
       ``(ii) supporting the dissemination of best practices from 
     local educational agencies or other States that have 
     successfully improved assessment quality and efficiency to 
     improve teaching and learning; and
       ``(iii) supporting local educational agencies or consortia 
     of local educational agencies to carry out efforts to 
     streamline local assessment systems and implement a regular 
     process of review and evaluation of assessment use in local 
     educational agencies.
       ``(4) Local assessment description.--An audit of local 
     assessments conducted in accordance with paragraph (1)(B)(i) 
     shall include the same information described in paragraph (3) 
     that is required of a State audit, except that such 
     information shall be included as applicable to the local 
     educational agency and the local assessments.
       ``(f) Subgrants to Local Educational Agencies.--
       ``(1) In general.--Each State shall reserve not less than 
     20 percent of the grant funds awarded to the State under this 
     section to make subgrants to local educational agencies in 
     the State or consortia of such local educational agencies, 
     based on demonstrated need in the agency's or consortium's 
     application, to enable such agencies or consortia to improve 
     assessment quality and use, and alignment, including, if 
     applicable, alignment to the challenging State academic 
     standards.
       ``(2) Local educational agency application.--Each local 
     educational agency, or consortium of local educational 
     agencies, seeking a subgrant under this subsection shall 
     submit an application to the State at such time, in such 
     manner, and containing such other information as determined 
     necessary by the State. The application shall include a 
     description of the agency's or consortium's needs relating to 
     the improvement of assessment quality, use, and alignment.
       ``(3) Use of funds.--A subgrant awarded under this 
     subsection to a local educational agency or consortium of 
     such agencies may be used to--
       ``(A) conduct an audit of local assessments under 
     subsection (e)(1)(B)(i);
       ``(B) carry out the plan described in subsection (e)(3)(D) 
     as it pertains to such agency or consortium;
       ``(C) improve assessment delivery systems and schedules, 
     including by increasing access to technology and assessment 
     proctors, where appropriate;
       ``(D) hire instructional coaches, or promote teachers who 
     may receive increased compensation to serve as instructional 
     coaches, to support teachers in the development of classroom-
     based assessments, interpreting assessment data, and 
     designing instruction;
       ``(E) provide for appropriate accommodations to maximize 
     inclusion of children with disabilities and English learners 
     participating in assessments; and
       ``(F) improve the capacity of teachers, principals, and 
     other school leaders to disseminate assessment data in an 
     accessible and understandable format for parents and 
     families, including for children with disabilities and 
     English learners.
       ``(g) Definitions.--In this section:
       ``(1) Local assessment.--The term `local assessment' means 
     an academic assessment selected and carried out by a local 
     educational agency that is separate from an assessment 
     required under section 1111(b)(2).
       ``(2) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.

     ``SEC. 1203. ALLOTMENT OF APPROPRIATED FUNDS.

       ``(a) Amounts Equal to or Less Than Trigger Amount.--From 
     amounts made available for each fiscal year under subsection 
     1002(b) that are equal to or less than the amount described 
     in section 1111(b)(2)(I), the Secretary shall--
       ``(1) reserve one-half of 1 percent for the Bureau of 
     Indian Education;
       ``(2) reserve one-half of 1 percent for the outlying areas;
       ``(3) reserve not more than 20 percent to carry out section 
     1202; and
       ``(4) from the remainder, carry out section 1201 by 
     allocating to each State an amount equal to--
       ``(A) $3,000,000, except for a fiscal year for which the 
     amounts available are insufficient to allocate such amount to 
     each State, the Secretary shall ratably reduce such amount 
     for each State; and
       ``(B) with respect to any amounts remaining after the 
     allocation under subparagraph (A), an amount that bears the 
     same relationship to such total remaining amounts as the 
     number of students aged 5 through 17 in the State (as 
     determined by the Secretary on the basis of the most recent 
     satisfactory data) bears to the total number of such students 
     in all States.
       ``(b) Amounts Above Trigger Amount.--For any fiscal year 
     for which the amount made available for a fiscal year under 
     subsection 1002(b) exceeds the amount described in section 
     1111(b)(2)(I), the Secretary shall make such excess amount 
     available as follows:
       ``(1) Competitive grants.--
       ``(A) In general.--The Secretary shall first use such funds 
     to award grants, on a competitive basis, to State educational 
     agencies or consortia of State educational agencies that have 
     submitted applications described in subparagraph (B) to 
     enable such States to carry out the activities described in 
     subparagraphs (C), (H), (I), (J), (K), and (L) of section 
     1201(a)(2).
       ``(B) Applications.--A State, or a consortium of States, 
     that desires a competitive grant under subparagraph (A) shall 
     submit an application to the Secretary at such time and in 
     such manner as the Secretary may reasonably require. The 
     application shall demonstrate that the requirements of this 
     section will be met for the uses of funds described under 
     subparagraph (A).

[[Page H8466]]

       ``(C) Amount of competitive grants.--In determining the 
     amount of a grant under subparagraph (A), the Secretary shall 
     ensure that a State or consortium's grant, as the case may 
     be, shall include an amount that bears the same relationship 
     to the total funds available to carry out this subsection for 
     the fiscal year as the number of students aged 5 through 17 
     in the State, or, in the case of a consortium, in each State 
     that comprises the consortium, (as determined by the 
     Secretary on the basis of the most recent satisfactory data) 
     bears to the total number of such students in all States.
       ``(2) Allotments.--Any amounts remaining after the 
     Secretary awards funds under paragraph (1) shall be allotted 
     to each State, or consortium of States, that did not receive 
     a grant under such paragraph, in an amount that bears the 
     same relationship to the remaining amounts as the number of 
     students aged 5 through 17 in the State, or, in the case of a 
     consortium, in the States of the consortium, (as determined 
     by the Secretary on the basis of the most recent satisfactory 
     data) bears to the total number of such students in all 
     States.
       ``(c) State Defined.--In this part, the term `State' means 
     each of the 50 States, the District of Columbia, and the 
     Commonwealth of Puerto Rico.
       ``(d) Prohibition.--In making funds available to States 
     under this part, the Secretary shall comply with the 
     prohibitions described in section 8529.

     ``SEC. 1204. INNOVATIVE ASSESSMENT AND ACCOUNTABILITY 
                   DEMONSTRATION AUTHORITY.

       ``(a) Innovative Assessment System Defined.--The term 
     `innovative assessment system' means a system of assessments 
     that may include--
       ``(1) competency-based assessments, instructionally 
     embedded assessments, interim assessments, cumulative year-
     end assessments, or performance-based assessments that 
     combine into an annual summative determination for a student, 
     which may be administered through computer adaptive 
     assessments; and
       ``(2) assessments that validate when students are ready to 
     demonstrate mastery or proficiency and allow for 
     differentiated student support based on individual learning 
     needs.
       ``(b) Demonstration Authority.--
       ``(1) In general.--The Secretary may provide a State 
     educational agency, or a consortium of State educational 
     agencies, in accordance with paragraph (3), with the 
     authority to establish an innovative assessment system 
     (referred to in this section as `demonstration authority').
       ``(2) Demonstration period.--In accordance with the 
     requirements described in subsection (e), each State 
     educational agency, or consortium of State educational 
     agencies, that submits an application under this section 
     shall propose in its application the period of time over 
     which the State educational agency or consortium desires to 
     exercise the demonstration authority, except that such period 
     shall not exceed 5 years.
       ``(3) Initial demonstration authority and expansion.--
     During the first 3 years that the Secretary provides State 
     educational agencies and consortia with demonstration 
     authority (referred to in this section as the `initial 
     demonstration period') the Secretary shall provide such 
     demonstration authority to--
       ``(A) a total number of not more than 7 participating State 
     educational agencies, including those participating in 
     consortia, that have applications approved under subsection 
     (e); and
       ``(B) consortia that include not more than 4 State 
     educational agencies.
       ``(c) Progress Report.--
       ``(1) In general.--Not later than 180 days after the end of 
     the initial demonstration period, and prior to providing 
     additional State educational agencies with demonstration 
     authority, the Director of the Institute of Education 
     Sciences, in consultation with the Secretary, shall publish a 
     report detailing the initial progress of innovative 
     assessment systems carried out through demonstration 
     authority under this section.
       ``(2) Criteria.--The progress report under paragraph (1) 
     shall be based on the annual information submitted by 
     participating States described in subsection (e)(2)(B)(ix) 
     and examine the extent to which--
       ``(A) with respect to each innovative assessment system--
       ``(i) the State educational agency has solicited feedback 
     from teachers, principals, other school leaders, and parents 
     about their satisfaction with the innovative assessment 
     system;
       ``(ii) teachers, principals, and other school leaders have 
     demonstrated a commitment and capacity to implement or 
     continue to implement the innovative assessment system; and
       ``(iii) substantial evidence exists demonstrating that the 
     innovative assessment system has been developed in accordance 
     with the requirements of subsection (e); and
       ``(B) each State with demonstration authority has 
     demonstrated that--
       ``(i) the same innovative assessment system was used to 
     measure the achievement of all students that participated in 
     the innovative assessment system; and
       ``(ii) of the total number of all students, and the total 
     number of each of the subgroups of students defined in 
     section 1111(c)(2), eligible to participate in the innovative 
     assessment system in a given year, the State assessed in that 
     year an equal or greater percentage of such eligible 
     students, as measured under section 1111(c)(4)(E), as were 
     assessed in the State in such year using the assessment 
     system under section 1111(b)(2).
       ``(3) Use of report.--Upon completion of the progress 
     report, the Secretary shall provide a response to the 
     findings of the progress report, including a description of 
     how the findings of the report will be used--
       ``(A) to support State educational agencies with 
     demonstration authority through technical assistance; and
       ``(B) to inform the peer-review process described in 
     subsection (f) for advising the Secretary on the awarding of 
     the demonstration authority to the additional State 
     educational agencies described in subsection (d).
       ``(4) Publicly available.--The Secretary shall make the 
     progress report under this subsection and the response 
     described in paragraph (3) publicly available on the website 
     of the Department.
       ``(5) Prohibition.--The Secretary shall not require States 
     that have demonstration authority to submit any information 
     for the purposes of the progress report that is in addition 
     to the information the State is already required to provide 
     under subsection (e)(2)(B)(x).
       ``(d) Expansion of the Demonstration Authority.--Upon 
     completion and publication of the report described in 
     subsection (c), the Secretary may grant demonstration 
     authority to additional State educational agencies or 
     consortia that submit an application under subsection (e). 
     Such State educational agencies or consortia of State 
     educational agencies shall be subject to all of the same 
     terms, conditions, and requirements of this section.
       ``(e) Application.--
       ``(1) In general.--A State educational agency, or 
     consortium of State educational agencies, that desires to 
     participate in the program of demonstration authority under 
     this section shall submit an application to the Secretary at 
     such time and in such manner as the Secretary may reasonably 
     require.
       ``(2) Contents.--Such application shall include a 
     description of the innovative assessment system, the 
     experience the applicant has in implementing any components 
     of the innovative assessment system, and the timeline over 
     which the State or consortium proposes to exercise the 
     demonstration authority. In addition, the application shall 
     include each of the following:
       ``(A) A demonstration that the innovative assessment system 
     will--
       ``(i) meet all the requirements of section 1111(b)(2)(B), 
     except the requirements of clauses (i) and (v) of such 
     section;
       ``(ii) be aligned to the challenging State academic 
     standards and address the depth and breadth of such 
     standards;
       ``(iii) express student results or student competencies in 
     terms consistent with the State's aligned academic 
     achievement standards under section 1111(b)(1);
       ``(iv) generate results that are valid and reliable, and 
     comparable, for all students and for each subgroup of 
     students described in section 1111(b)(2)(B)(xi), as compared 
     to the results for such students on the State assessments 
     under section 1111(b)(2);
       ``(v) be developed in collaboration with--

       ``(I) stakeholders representing the interests of children 
     with disabilities, English learners, and other vulnerable 
     children;
       ``(II) teachers, principals, and other school leaders;
       ``(III) local educational agencies;
       ``(IV) parents; and
       ``(V) civil rights organizations in the State;

       ``(vi) be accessible to all students, such as by 
     incorporating the principles of universal design for 
     learning;
       ``(vii) provide teachers, principals, other school leaders, 
     students, and parents with timely data, disaggregated by each 
     subgroup of students described in section 1111(b)(2)(B)(xi), 
     to inform and improve instructional practice and student 
     supports;
       ``(viii) identify which students are not making progress 
     toward the challenging State academic standards so that 
     teachers can provide instructional support and targeted 
     interventions to all students;
       ``(ix) annually measure the progress of not less than the 
     same percentage of all students and students in each of the 
     subgroups of students, as defined in section 1111(c)(2), who 
     are enrolled in schools that are participating in the 
     innovative assessment system and are required to take such 
     assessments, as measured under section 1111(c)(4)(E), as were 
     assessed by schools administering the assessment under 
     section 1111(b)(2);
       ``(x) generate an annual, summative achievement 
     determination, based on the aligned State academic 
     achievement standards under section 1111(b)(1) and based on 
     annual data, for each individual student; and
       ``(xi) allow the State educational agency to validly and 
     reliably aggregate data from the innovative assessment system 
     for purposes of--

       ``(I) accountability, consistent with the requirements of 
     section 1111(c); and
       ``(II) reporting, consistent with the requirements of 
     section 1111(h).

       ``(B) A description of how the State educational agency 
     will--
       ``(i) continue use of the statewide academic assessments 
     required under section 1111(b)(2) if such assessments will be 
     used for accountability purposes for the duration of the 
     demonstration authority period;
       ``(ii) identify the distinct purposes for each assessment 
     that is part of the innovative assessment system;
       ``(iii) provide support and training to local educational 
     agency and school staff to implement the innovative 
     assessment system described in this subsection;
       ``(iv) inform parents of students in participating local 
     educational agencies about the innovative assessment system 
     at the beginning of each school year during which the 
     innovative assessment system will be implemented;
       ``(v) engage and support teachers in developing and scoring 
     assessments that are part of the innovative assessment 
     system, including through the use of high-quality 
     professional development, standardized and calibrated scoring 
     rubrics, and other strategies, consistent with relevant 
     nationally recognized professional and

[[Page H8467]]

     technical standards, to ensure inter-rater reliability and 
     comparability;
       ``(vi) acclimate students to the innovative assessment 
     system;
       ``(vii) ensure that students with the most significant 
     cognitive disabilities may be assessed with alternate 
     assessments consistent with section 1111(b)(2)(D);
       ``(viii) if the State is proposing to administer the 
     innovative assessment system initially in a subset of local 
     educational agencies, scale up the innovative assessment 
     system to administer such system statewide, or with 
     additional local educational agencies, in the State's 
     proposed demonstration authority period;
       ``(ix) gather data, solicit regular feedback from teachers, 
     principals, other school leaders, and parents, and assess the 
     results of each year of the program of demonstration 
     authority under this section, and respond by making needed 
     changes to the innovative assessment system; and
       ``(x) report data from the innovative assessment system 
     annually to the Secretary, including--

       ``(I) demographics of participating local educational 
     agencies, if such system is not statewide, and additional 
     local educational agencies if added to the system during the 
     course of the State's demonstration authority period or 2-
     year extension, except that such data shall not reveal any 
     personally identifiable information, including a description 
     of how the inclusion of additional local educational agencies 
     contributes to progress toward achieving high-quality and 
     consistent implementation across demographically diverse 
     local educational agencies throughout the demonstration 
     authority period;
       ``(II) the performance of all participating students, and 
     for each subgroup of students defined in section 1111(c)(2), 
     on the innovative assessment, consistent with the 
     requirements in section 1111(h), except that such data shall 
     not reveal any personally identifiable information;
       ``(III) feedback from teachers, principals, other school 
     leaders, and parents about their satisfaction with the 
     innovative assessment system; and
       ``(IV) if such system is not statewide, a description of 
     the State's progress in scaling up the innovative assessment 
     system to additional local educational agencies during the 
     State's demonstration authority period, as described in 
     clause (viii).

       ``(C) A description of the State educational agency's plan 
     to--
       ``(i) ensure that all students and each of the subgroups of 
     students defined in section 1111(c)(2) participating in the 
     innovative assessment system receive the instructional 
     support needed to meet State aligned academic achievement 
     standards;
       ``(ii) ensure that each local educational agency has the 
     technological infrastructure to implement the innovative 
     assessment system; and
       ``(iii) hold all schools in the local educational agencies 
     participating in the program of demonstration authority 
     accountable for meeting the State's expectations for student 
     achievement.
       ``(D) If the innovative assessment system will initially be 
     administered in a subset of local educational agencies--
       ``(i) a description of the local educational agencies 
     within the State educational agency that will participate, 
     including what criteria the State has for approving any 
     additional local educational agencies to participate during 
     the demonstration authority period;
       ``(ii) assurances from such local educational agencies that 
     such agencies will comply with the requirements of this 
     subsection;
       ``(iii) a description of how the State will--

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

       ``(iv) a description of the State educational agency's plan 
     to hold all students and each of the subgroups of students, 
     as defined in section 1111(c)(2), to the same high standard 
     as other students in the State.
       ``(f) Peer Review.--The Secretary shall--
       ``(1) implement a peer-review process to inform--
       ``(A) the awarding of demonstration authority under this 
     section and the approval to operate an innovative assessment 
     system for the purposes of subsections (b)(2) and (c) of 
     section 1111, as described in subsection (h); and
       ``(B) determinations about whether an innovative assessment 
     system--
       ``(i) is comparable to the State assessments under section 
     1111(b)(2)(B)(v), valid, reliable, of high technical quality, 
     and consistent with relevant, nationally recognized 
     professional and technical standards; and
       ``(ii) provides an unbiased, rational, and consistent 
     determination of progress toward the goals described under 
     section 1111(c)(4)(A)(i) for all students;
       ``(2) ensure that the peer-review team consists of 
     practitioners and experts who are knowledgeable about the 
     innovative assessment system being proposed for all 
     participating students, including--
       ``(A) individuals with past experience developing systems 
     of assessment innovation that support all students, including 
     English learners, children with disabilities, and 
     disadvantaged students; and
       ``(B) individuals with experience implementing innovative 
     assessment and accountability systems;
       ``(3) make publicly available the applications submitted 
     under subsection (c) and the peer-review comments and 
     recommendations regarding such applications;
       ``(4) make a determination and inform the State regarding 
     approval or disapproval of the application under subsection 
     (c) not later than 90 days after receipt of the complete 
     application;
       ``(5) if the Secretary disapproves an application under 
     paragraph (4), offer the State an opportunity to--
       ``(A) revise and resubmit such application within 60 days 
     of the disapproval determination; and
       ``(B) submit additional evidence that the State's 
     application meets the requirements of subsection (c); and
       ``(6) make a determination regarding application approval 
     or disapproval of a resubmitted application under paragraph 
     (5) not later than 45 days after receipt of the resubmitted 
     application.
       ``(g) Extension.--The Secretary may extend an authorization 
     of demonstration authority under this section for an 
     additional 2 years if the State educational agency 
     demonstrates with evidence that the State educational 
     agency's innovative assessment system is continuing to meet 
     the requirements of subsection (c), including by 
     demonstrating a plan for, and the capacity to, transition to 
     statewide use of the innovative assessment system by the end 
     of the 2-year extension period.
       ``(h) Use of Innovative Assessment System.--A State may, 
     during the State's approved demonstration authority period or 
     2-year extension, include results from the innovative 
     assessment systems developed under this section in 
     accountability determinations for each student in the 
     participating local educational agencies instead of, or in 
     addition to, results from the assessment system under section 
     1111(b)(2) if the State demonstrates that the State has met 
     the requirements under subsection (c). The State shall 
     continue to meet all other requirements of section 1111(c).
       ``(i) Withdrawal of Authority.--The Secretary shall 
     withdraw the authorization for demonstration authority 
     provided to a State educational agency under this section and 
     such State shall return to use of the statewide assessment 
     system under section 1111(b)(2) for all local educational 
     agencies in the State if, at any time during a State's 
     approved demonstration authority period or 2-year extension, 
     the State educational agency cannot present to the Secretary 
     evidence that the innovative assessment system developed 
     under this section--
       ``(1) meets the requirements under subsection (c);
       ``(2) includes all students attending schools participating 
     in the innovative assessment system in a State that has 
     demonstration authority, including each of the subgroups of 
     students, as defined under section 1111(c)(2);
       ``(3) provides an unbiased, rational, and consistent 
     determination of progress toward the goals described under 
     section 1111(c)(4)(A)(i) for all students, which are 
     comparable to measures of academic achievement under section 
     1111(c)(4)(B)(i) across the State in which the local 
     educational agencies are located;
       ``(4) presents a high-quality plan to transition to full 
     statewide use of the innovative assessment system by the end 
     of the State's approved demonstration authority period or 2-
     year extension, if the innovative assessment system will 
     initially be administered in a subset of local educational 
     agencies; and
       ``(5) demonstrates comparability to the statewide 
     assessments under section 1111(b)(2) in content coverage, 
     difficulty, and quality.
       ``(j) Transition.--
       ``(1) In general.--
       ``(A) Operation of innovative assessment system.--If, after 
     a State's approved demonstration authority period or 2-year 
     extension, the State educational agency has met all the 
     requirements of this section, including having scaled the 
     innovative assessment system up to statewide use, and 
     demonstrated that such system is of high quality, as 
     described in subparagraph (B), the State shall be permitted 
     to operate the innovative assessment system approved under 
     the program of demonstration authority under this section for 
     the purposes of subsections (b)(2) and (c) of section 1111.
       ``(B) High quality.--Such system shall be considered of 
     high quality if the Secretary, through the peer-review 
     process described in section 1111(a)(4), determines that--
       ``(i) the innovative assessment system meets all of the 
     requirements of this section;
       ``(ii) the State has examined the effects of the system on 
     other measures of student success, including indicators in 
     the accountability system under section 1111(c)(4)(B);
       ``(iii) the innovative assessment system provides coherent 
     and timely information about student achievement based on the 
     challenging State academic standards, including objective 
     measurement of academic achievement, knowledge, and skills 
     that are valid, reliable, and consistent with relevant, 
     nationally-recognized professional and technical standards;
       ``(iv) the State has solicited feedback from teachers, 
     principals, other school leaders, and parents about their 
     satisfaction with the innovative assessment system; and
       ``(v) the State has demonstrated that the same innovative 
     assessment system was used to measure--

       ``(I) the achievement of all students that participated in 
     such innovative assessment system; and
       ``(II) not less than the percentage of such students 
     overall and in each of the subgroups of students, as defined 
     in section 1111(c)(2), as measured under section 
     1111(c)(4)(E), as were assessed under the assessment required 
     by section 1111(b)(2).

       ``(2) Baseline.--For the purposes of the evaluation 
     described in paragraph (1), the baseline year shall be 
     considered the first year that each

[[Page H8468]]

     local educational agency in the State used the innovative 
     assessment system.
       ``(3) Waiver authority.--A State may request, and the 
     Secretary shall review such request and may grant, a delay of 
     the withdrawal of authority under subsection (i) for the 
     purpose of providing the State with the time necessary to 
     implement the innovative assessment system statewide, if, at 
     the conclusion of the State's approved demonstration 
     authority period and 2-year extension--
       ``(A) the State has met all of the requirements of this 
     section, except transition to full statewide use of the 
     innovative assessment system; and
       ``(B) the State continues to comply with the other 
     requirements of this section, and demonstrates a high-quality 
     plan for transition to statewide use of the innovative 
     assessment system in a reasonable period of time.
       ``(k) Available Funds.--A State may use funds available 
     under section 1201 to carry out this section.
       ``(l) Consortium.--A consortium of States may apply to 
     participate in the program of demonstration authority under 
     this section, and the Secretary may provide each State member 
     of such consortium with such authority if each such State 
     member meets all of the requirements of this section. Such 
     consortium shall be subject to the limitation described in 
     subsection (b)(3)(B) during the initial 3 years of the 
     demonstration authority.
       ``(m) Dissemination of Best Practices.--
       ``(1) In general.--Following the publication of the 
     progress report described in subsection (c), the Director of 
     the Institute of Education Sciences, in consultation with the 
     Secretary, shall collect and disseminate the best practices 
     on the development and implementation of innovative 
     assessment systems that meet the requirements of this 
     section, including best practices regarding the development 
     of--
       ``(A) summative assessments that--
       ``(i) meet the requirements of section 1111(b)(2)(B);
       ``(ii) are comparable with statewide assessments under 
     section 1111(b)(2); and
       ``(iii) include assessment tasks that determine proficiency 
     or mastery of State-approved competencies aligned to 
     challenging State academic standards;
       ``(B) effective supports for local educational agencies and 
     school staff to implement innovative assessment systems;
       ``(C) effective engagement and support of teachers in 
     developing and scoring assessments and the use of high-
     quality professional development;
       ``(D) effective supports for all students, particularly 
     each of the subgroups of students, as defined in section 
     1111(c)(2), participating in the innovative assessment 
     system; and
       ``(E) standardized and calibrated scoring rubrics, and 
     other strategies, to ensure inter-rater reliability and 
     comparability of determinations of mastery or proficiency 
     across local educational agencies and the State.
       ``(2) Publication.--The Secretary shall make the 
     information described in paragraph (1) available on the 
     website of the Department and shall publish an update to the 
     information not less often than once every 3 years.''.

                PART C--EDUCATION OF MIGRATORY CHILDREN

     SEC. 1301. EDUCATION OF MIGRATORY CHILDREN.

       (a) Program Purposes.--Section 1301 (20 U.S.C. 6391) is 
     amended to read as follows:

     ``SEC. 1301. PROGRAM PURPOSES.

       ``The purposes of this part are as follows:
       ``(1) To assist States in supporting high-quality and 
     comprehensive educational programs and services during the 
     school year and, as applicable, during summer or intersession 
     periods, that address the unique educational needs of 
     migratory children.
       ``(2) To ensure that migratory children who move among the 
     States are not penalized in any manner by disparities among 
     the States in curriculum, graduation requirements, and 
     challenging State academic standards.
       ``(3) To ensure that migratory children receive full and 
     appropriate opportunities to meet the same challenging State 
     academic standards that all children are expected to meet.
       ``(4) To help migratory children overcome educational 
     disruption, cultural and language barriers, social isolation, 
     various health-related problems, and other factors that 
     inhibit the ability of such children to succeed in school.
       ``(5) To help migratory children benefit from State and 
     local systemic reforms.''.
       (b) State Allocations.--Section 1303 (20 U.S.C. 6393) is 
     amended--
       (1) by redesignating subsections (c) through (e) as 
     subsections (d) through (f), respectively;
       (2) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) State Allocations.--Except as provided in subsection 
     (c), each State (other than the Commonwealth of Puerto Rico) 
     is entitled to receive under this part an amount equal to the 
     product of--
       ``(1) the sum of--
       ``(A) the average number of identified eligible migratory 
     children aged 3 through 21 residing in the State, based on 
     data for the preceding 3 years; and
       ``(B) the number of identified eligible migratory children, 
     aged 3 through 21, who received services under this part in 
     summer or intersession programs provided by the State during 
     the previous year; multiplied by
       ``(2) 40 percent of the average per-pupil expenditure in 
     the State, except that the amount determined under this 
     paragraph shall not be less than 32 percent, nor more than 48 
     percent, of the average per-pupil expenditure in the United 
     States.
       ``(b) Hold Harmless.--Notwithstanding subsection (a), for 
     each of fiscal years 2017 through 2019, no State shall 
     receive less than 90 percent of the State's allocation under 
     this section for the preceding fiscal year.
       ``(c) Allocation to Puerto Rico.--
       ``(1) In general.--For each fiscal year, the grant that the 
     Commonwealth of Puerto Rico shall be eligible to receive 
     under this part shall be the amount determined by multiplying 
     the number of children who would be counted under subsection 
     (a)(1) if such subsection applied to the Commonwealth of 
     Puerto Rico by the product of--
       ``(A) the percentage that the average per-pupil expenditure 
     in the Commonwealth of Puerto Rico is of the lowest average 
     per-pupil expenditure of any of the 50 States, subject to 
     paragraphs (2) and (3); and
       ``(B) 32 percent of the average per-pupil expenditure in 
     the United States.
       ``(2) Minimum percentage.--The percentage described in 
     paragraph (1)(A) shall not be less than 85 percent.
       ``(3) Limitation.--If the application of paragraph (2) for 
     any fiscal year would result in any of the 50 States or the 
     District of Columbia receiving less under this part than it 
     received under this part for the preceding fiscal year, then 
     the percentage described in paragraph (1)(A) that is used for 
     the Commonwealth of Puerto Rico for the fiscal year for which 
     the determination is made shall be the greater of the 
     percentage in paragraph (1)(A) for such fiscal year or the 
     percentage used for the preceding fiscal year.'';
       (3) in subsection (d), as redesignated by paragraph (1)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``(A) If, after'' and 
     inserting the following:
       ``(A) Ratable reductions.--If, after''; and
       (ii) in subparagraph (B)--

       (I) by striking ``(B) If additional'' and inserting the 
     following:

       ``(B) Reallocation.--If additional''; and

       (II) by striking ``purpose'' and inserting ``purposes''; 
     and

       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``(A) The Secretary'' 
     and inserting the following:
       ``(A) Further reductions.--The Secretary''; and
       (ii) in subparagraph (B), by striking ``(B) The Secretary'' 
     and inserting the following:
       ``(B) Reallocation.--The Secretary'';
       (4) in subsection (e)(3)(B), as redesignated by paragraph 
     (1), by striking ``welfare or educational attainment of 
     children'' and inserting ``academic achievement of 
     children'';
       (5) in subsection (f), as redesignated by paragraph (1)--
       (A) in the matter preceding paragraph (1), by striking 
     ``estimated'' and inserting ``identified'';
       (B) by striking paragraph (1) and inserting the following:
       ``(1) use the most recent information that most accurately 
     reflects the actual number of migratory children;'';
       (C) by redesignating paragraphs (2) through (4) as 
     paragraphs (3) through (5), respectively;
       (D) by inserting after paragraph (1) the following:
       ``(2) develop and implement a procedure for monitoring the 
     accuracy of such information;'';
       (E) in paragraph (4), as redesignated by subparagraph (C)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``full-time equivalent''; and
       (ii) in subparagraph (A)--

       (I) by striking ``special needs'' and inserting ``unique 
     needs''; and
       (II) by striking ``special programs provided under this 
     part'' and inserting ``effective special programs provided 
     under this part''; and

       (F) in paragraph (5), as redesignated by subparagraph (C), 
     by striking ``the child whose education has been 
     interrupted'' and inserting ``migratory children, including 
     the most at-risk migratory children''; and
       (6) by adding at the end the following:
       ``(g) Nonparticipating States.--In the case of a State 
     desiring to receive an allocation under this part for a 
     fiscal year that did not receive an allocation for the 
     previous fiscal year or that has been participating for less 
     than 3 consecutive years, the Secretary shall calculate the 
     State's number of identified migratory children aged 3 
     through 21 for purposes of subsection (a)(1)(A) by using the 
     most recent data available that identifies the migratory 
     children residing in the State until data is available to 
     calculate the 3-year average number of such children in 
     accordance with such subsection.''.
       (c) State Applications; Services.--Section 1304 (20 U.S.C. 
     6394) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``special educational needs'' and inserting 
     ``unique educational needs''; and
       (II) by inserting ``and migratory children who have dropped 
     out of school'' after ``preschool migratory children'';

       (ii) in subparagraph (B)--

       (I) by striking ``migrant children'' and inserting 
     ``migratory children''; and
       (II) by striking ``part A or B of title III'' and inserting 
     ``part A of title III''; and

       (iii) by striking subparagraph (D) and inserting the 
     following:
       ``(D) measurable program objectives and outcomes;'';
       (B) in paragraph (2), by striking ``challenging State 
     academic content standards and challenging State student 
     academic achievement standards'' and inserting ``challenging 
     State academic standards'';
       (C) in paragraph (3), by striking ``, consistent with 
     procedures the Secretary may require,'';
       (D) in paragraph (5), by inserting ``and'' after the 
     semicolon;

[[Page H8469]]

       (E) by striking paragraph (6);
       (F) by redesignating paragraph (7) as paragraph (6); and
       (G) in paragraph (6), as redesignated by subparagraph (F), 
     by striking ``who have parents who do not have a high school 
     diploma'' and inserting ``whose parents do not have a high 
     school diploma'';
       (2) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking ``, 
     satisfactory to the Secretary,'';
       (B) in paragraph (2), by striking ``subsections (b) and (c) 
     of section 1120A, and part I'' and inserting ``subsections 
     (b) and (c) of section 1118, and part F'';
       (C) in paragraph (3)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``parent advisory councils'' and inserting 
     ``parents of migratory children, including parent advisory 
     councils,''; and
       (II) by striking ``of 1 school year in duration'' and 
     inserting ``not less than 1 school year in duration''; and

       (ii) in subparagraph (A), by striking ``section 1118'' and 
     inserting ``section 1116'';
       (D) in paragraph (4), by inserting ``and migratory children 
     who have dropped out of school'' after ``preschool migratory 
     children'';
       (E) by redesignating paragraph (7) as paragraph (8);
       (F) by striking paragraph (6) and inserting the following:
       ``(6) such programs and projects will provide for outreach 
     activities for migratory children and their families to 
     inform such children and families of other education, health, 
     nutrition, and social services to help connect them to such 
     services;
       ``(7) to the extent feasible, such programs and projects 
     will provide for--
       ``(A) advocacy and other outreach activities for migratory 
     children and their families, including helping such children 
     and families gain access to other education, health, 
     nutrition, and social services;
       ``(B) professional development programs, including 
     mentoring, for teachers and other program personnel;
       ``(C) family literacy programs;
       ``(D) the integration of information technology into 
     educational and related programs; and
       ``(E) programs to facilitate the transition of secondary 
     school students to postsecondary education or employment; 
     and''; and
       (G) in paragraph (8), as redesignated by subparagraph (E), 
     by striking ``paragraphs (1)(A) and (2)(B)(i) of section 
     1303(a), through such procedures as the Secretary may 
     require'' and inserting ``section 1303(a)(1)'';
       (3) by striking subsection (d) and inserting the following:
       ``(d) Priority for Services.--In providing services with 
     funds received under this part, each recipient of such funds 
     shall give priority to migratory children who have made a 
     qualifying move within the previous 1-year period and who--
       ``(1) are failing, or most at risk of failing, to meet the 
     challenging State academic standards; or
       ``(2) have dropped out of school.''; and
       (4) in subsection (e)(3), by striking ``secondary school 
     students'' and inserting ``students''.
       (d) Secretarial Approval; Peer Review.--Section 1305 (20 
     U.S.C. 6395) is amended to read as follows:

     ``SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.

       ``The Secretary shall approve each State application that 
     meets the requirements of this part, and may review any such 
     application with the assistance and advice of State officials 
     and other officials with relevant expertise.''.
       (e) Comprehensive Needs Assessment and Service-delivery 
     Plan; Authorized Activities.--Section 1306 (20 U.S.C. 6396) 
     is amended--
       (1) in subsection (a)(1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``special'' and inserting ``unique'';
       (B) in subparagraph (B)--
       (i) in the matter preceding clause (i), by striking 
     ``section 9302'' and inserting ``section 8302''; and
       (ii) in clause (i), by striking ``special'' and inserting 
     ``unique'';
       (C) in subparagraph (C), by striking ``challenging State 
     academic content standards and challenging State student 
     academic achievement standards'' and inserting ``challenging 
     State academic standards''; and
       (D) in subparagraph (F), by striking ``part A or B of title 
     III'' and inserting ``part A of title III''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``shall have the 
     flexibility to'' and inserting ``retains the flexibility 
     to''; and
       (B) in paragraph (4), by striking ``special educational'' 
     and inserting ``unique educational''.
       (f) Bypass.--Section 1307 (20 U.S.C. 6397) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``nonprofit''; and
       (2) in paragraph (3), by striking ``welfare or educational 
     attainment'' and inserting ``educational achievement''.
       (g) Coordination of Migrant Education Activities.--Section 
     1308 (20 U.S.C. 6398) is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``nonprofit'';
       (B) by inserting ``through'' after ``including''; and
       (C) by striking ``students'' and inserting ``children''; 
     and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``developing effective 
     methods for'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking ``The 
     Secretary, in consultation'' and all that follows through 
     ``include--'' and inserting the following: ``The Secretary, 
     in consultation with the States, shall ensure the linkage of 
     migrant student record systems for the purpose of 
     electronically exchanging, among the States, health and 
     educational information regarding all migratory students 
     eligible under this part. The Secretary shall ensure that 
     such linkage occurs in a cost-effective manner, utilizing 
     systems used by the States prior to, or developed after, the 
     date of the enactment of the Every Student Succeeds Act. Such 
     information may include--'';
       (II) in clause (ii), by striking ``required under section 
     1111(b)'' and inserting ``under section 1111(b)(2)''; and
       (III) in clause (iii), by striking ``high standards'' and 
     inserting ``the challenging State academic standards'';

       (ii) by redesignating subparagraph (B) as subparagraph (C);
       (iii) by inserting after subparagraph (A) the following:
       ``(B) Consultation.--The Secretary shall maintain ongoing 
     consultation with the States, local educational agencies, and 
     other migratory student service providers on--
       ``(i) the effectiveness of the system described in 
     subparagraph (A); and
       ``(ii) the ongoing improvement of such system.''; and
       (iv) in subparagraph (C), as redesignated by clause (ii)--

       (I) by striking ``the proposed data elements'' and 
     inserting ``any new proposed data elements''; and
       (II) by striking ``Such publication shall occur not later 
     than 120 days after the date of enactment of the No Child 
     Left Behind Act of 2001.''; and

       (C) by striking paragraph (4).
       (h) Definitions.--Section 1309 (20 U.S.C. 6399) is 
     amended--
       (1) in paragraph (1)(B), by striking ``nonprofit''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Migratory agricultural worker.--The term `migratory 
     agricultural worker' means an individual who made a 
     qualifying move in the preceding 36 months and, after doing 
     so, engaged in new temporary or seasonal employment or 
     personal subsistence in agriculture, which may be dairy work 
     or the initial processing of raw agricultural products. If an 
     individual did not engage in such new employment soon after a 
     qualifying move, such individual may be considered a 
     migratory agricultural worker if the individual actively 
     sought such new employment and has a recent history of moves 
     for temporary or seasonal agricultural employment.
       ``(3) Migratory child.--The term `migratory child' means a 
     child or youth who made a qualifying move in the preceding 36 
     months--
       ``(A) as a migratory agricultural worker or a migratory 
     fisher; or
       ``(B) with, or to join, a parent or spouse who is a 
     migratory agricultural worker or a migratory fisher.
       ``(4) Migratory fisher.--The term `migratory fisher' means 
     an individual who made a qualifying move in the preceding 36 
     months and, after doing so, engaged in new temporary or 
     seasonal employment or personal subsistence in fishing. If 
     the individual did not engage in such new employment soon 
     after the move, the individual may be considered a migratory 
     fisher if the individual actively sought such new employment 
     and has a recent history of moves for temporary or seasonal 
     fishing employment.
       ``(5) Qualifying move.--The term `qualifying move' means a 
     move due to economic necessity--
       ``(A) from one residence to another residence; and
       ``(B) from one school district to another school district, 
     except--
       ``(i) in the case of a State that is comprised of a single 
     school district, wherein a qualifying move is from one 
     administrative area to another within such district; or
       ``(ii) in the case of a school district of more than 15,000 
     square miles, wherein a qualifying move is a distance of 20 
     miles or more to a temporary residence.''.

PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO 
                 ARE NEGLECTED, DELINQUENT, OR AT-RISK

     SEC. 1401. PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN 
                   AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-
                   RISK.

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

       (I) in subparagraph (A)--

       (aa) by striking ``the program goals, objectives, and 
     performance measures established by

[[Page H8470]]

     the State'' and inserting ``the program objectives and 
     outcomes established by the State''; and
       (bb) by striking ``vocational'' and inserting ``career'';

       (II) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (III) by redesignating subparagraph (C) as subparagraph 
     (D);
       (IV) by inserting after subparagraph (B) the following:

       ``(C) describe how the State will place a priority for such 
     children to attain a regular high school diploma, to the 
     extent feasible;'';

       (V) in subparagraph (D), as redesignated by subclause 
     (III)--

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

       (VI) by adding at the end the following:

       ``(E) provide assurances that the State educational agency 
     has established--
       ``(i) procedures to ensure the timely re-enrollment of each 
     student who has been placed in the juvenile justice system in 
     secondary school or in a re-entry program that best meets the 
     needs of the student, including the transfer of credits that 
     such student earns during placement; and
       ``(ii) opportunities for such students to participate in 
     credit-bearing coursework while in secondary school, 
     postsecondary education, or career and technical education 
     programming.''; and
       (B) in subsection (c)--
       (i) in paragraph (1), by inserting ``and, to the extent 
     practicable, provide for such assessment upon entry into a 
     correctional facility'' after ``to be served under this 
     subpart'';
       (ii) in paragraph (6)--

       (I) by striking ``carry out the evaluation requirements of 
     section 9601 and how'' and inserting ``use'';
       (II) by inserting ``under section 8601'' after ``recent 
     evaluation''; and
       (III) by striking ``will be used'';

       (iii) in paragraph (7), by striking ``section 9521'' and 
     inserting ``section 8521'';
       (iv) paragraph (8)--

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

       (v) in paragraph (9)--

       (I) by inserting ``and after'' after ``prior to''; and
       (II) by inserting ``in order to facilitate the transition 
     of such children and youth between the correctional facility 
     and the local educational agency or alternative education 
     program'' after ``the local educational agency or alternative 
     education program'';

       (vi) in paragraph (11), by striking ``transition of 
     children and youth from such facility or institution to'' and 
     inserting ``transition of such children and youth between 
     such facility or institution and'';
       (vii) in paragraph (16)--

       (I) by inserting ``and attain a regular high school 
     diploma'' after ``to encourage the children and youth to 
     reenter school''; and
       (II) by striking ``achieve a secondary school diploma'' and 
     inserting ``attain a regular high school diploma'';

       (viii) in paragraph (17), by inserting ``certified or 
     licensed'' after ``provides an assurance that'';
       (ix) in paragraph (18), by striking ``and'' after the 
     semicolon;
       (x) in paragraph (19), by striking the period at the end 
     and inserting ``; and''; and
       (xi) by adding at the end the following:
       ``(20) describes how the State agency will, to the extent 
     feasible--
       ``(A) note when a youth has come into contact with both the 
     child welfare and juvenile justice systems; and
       ``(B) deliver services and interventions designed to keep 
     such youth in school that are evidence-based (to the extent a 
     State determines that such evidence is reasonably 
     available).'';
       (4) in section 1415--
       (A) in subsection (a)--
       (i) in paragraph (1)(B), by striking ``vocational or 
     technical training'' and inserting ``career and technical 
     education''; and
       (ii) in paragraph (2)--

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

       ``(A) may include--
       ``(i) the acquisition of equipment;
       ``(ii) pay-for-success initiatives; or
       ``(iii) providing targeted services for youth who have come 
     in contact with both the child welfare system and juvenile 
     justice system;'';

       (II) in subparagraph (B)--

       (aa) in clause (i), by striking ``the State's challenging 
     academic content standards and student academic achievement 
     standards'' and inserting ``the challenging State academic 
     standards'';
       (bb) in clause (ii), by striking ``supplement and improve'' 
     and inserting ``respond to the educational needs of such 
     children and youth, including by supplementing and 
     improving''; and
       (cc) in clause (iii)--
       (AA) by striking ``challenging State academic achievement 
     standards'' and inserting ``challenging State academic 
     standards''; and
       (BB) by inserting ``and'' after the semicolon;

       (III) in subparagraph (C)--

       (aa) by striking ``section 1120A and part I'' and inserting 
     ``section 1118 and part F''; and
       (bb) by striking ``; and'' and inserting a period; and

       (IV) by striking subparagraph (D); and

       (B) in subsection (b), by striking ``section 1120A'' and 
     inserting ``section 1118'';
       (5) in section 1416--
       (A) in paragraph (3)--
       (i) by striking ``challenging State academic content 
     standards and student academic achievement standards'' and 
     inserting ``challenging State academic standards''; and
       (ii) by striking ``complete secondary school, attain a 
     secondary diploma'' and inserting ``attain a regular high 
     school diploma'';
       (B) in paragraph (4)--
       (i) by striking ``pupil'' and inserting ``specialized 
     instructional support''; and
       (ii) by inserting ``, and how relevant and appropriate 
     academic records and plans regarding the continuation of 
     educational services for such children or youth are shared 
     jointly between the State agency operating the institution or 
     program and local educational agency in order to facilitate 
     the transition of such children and youth between the local 
     educational agency and the State agency'' after ``children 
     and youth described in paragraph (1)''; and
       (C) in paragraph (6), by striking ``student progress'' and 
     inserting ``and improve student achievement'';
       (6) in section 1418(a)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) projects that facilitate the transition of children 
     and youth between State-operated institutions, or 
     institutions in the State operated by the Secretary of the 
     Interior, and schools served by local educational agencies or 
     schools operated or funded by the Bureau of Indian Education; 
     or''; and
       (B) in paragraph (2)--
       (i) by striking ``vocational'' each place the term appears 
     and inserting ``career''; and
       (ii) in the matter preceding subparagraph (A), by striking 
     ``secondary'' and inserting ``regular high'';
       (7) in section 1419--
       (A) by striking the section heading and inserting 
     ``TECHNICAL ASSISTANCE''; and
       (B) by striking ``for a fiscal year'' and all that follows 
     through ``to provide'' and inserting ``for a fiscal year to 
     provide'';
       (8) in section 1421(3), by inserting ``, including schools 
     operated or funded by the Bureau of Indian Education,'' after 
     ``local schools'';
       (9) in section 1422(d), by striking ``impact on meeting the 
     transitional'' and inserting ``impact on meeting such 
     transitional'';
       (10) in section 1423--
       (A) in paragraph (2)(B), by inserting ``, including such 
     facilities operated by the Secretary of the Interior and 
     Indian tribes'' after ``the juvenile justice system'';
       (B) by striking paragraph (4) and inserting the following:
       ``(4) a description of the program operated by 
     participating schools to facilitate the successful transition 
     of children and youth returning from correctional facilities 
     and, as appropriate, the types of services that such schools 
     will provide such children and youth and other at-risk 
     children and youth;'';
       (C) in paragraph (7)--
       (i) by inserting ``institutions of higher education or'' 
     after ``partnerships with''; and
       (ii) by striking ``develop training, curriculum-based youth 
     entrepreneurship education'' and inserting ``facilitate 
     postsecondary and workforce success for children and youth 
     returning from correctional facilities, such as through 
     participation in credit-bearing coursework while in secondary 
     school, enrollment in postsecondary education, participation 
     in career and technical education programming'';
       (D) in paragraph (8), by inserting ``and family members'' 
     after ``will involve parents'';
       (E) in paragraph (9), by striking ``vocational'' and 
     inserting ``career''; and
       (F) in paragraph (13), by striking ``regular'' and 
     inserting ``traditional'';
       (11) in section 1424--
       (A) in the matter before paragraph (1), by striking ``Funds 
     provided'' and inserting the following:
       ``(a) In General.--Funds provided'';
       (B) in paragraph (2), by striking ``, including'' and all 
     that follows through ``gang members'';
       (C) in paragraph (4)--
       (i) by striking ``vocational'' and inserting ``career''; 
     and
       (ii) by striking ``and'' after the semicolon; and
       (D) in paragraph (5), by striking the period at the end and 
     inserting a semicolon;
       (E) by inserting the following after paragraph (5):
       ``(6) programs for at-risk Indian children and youth, 
     including such children and youth in correctional facilities 
     in the area served by the local educational agency that are 
     operated by the Secretary of the Interior or Indian tribes; 
     and
       ``(7) pay for success initiatives.''; and
       (F) by inserting after paragraph (7) the following:
       ``(b) Contracts and Grants.--A local educational agency may 
     use a subgrant received under this subpart to carry out the 
     activities described under paragraphs (1) through (7) of 
     subsection (a) directly or through subgrants, contracts, or 
     cooperative agreements.'';
       (12) in section 1425--
       (A) in paragraph (4)--
       (i) by inserting ``and attain a regular high school 
     diploma'' after ``reenter school''; and
       (ii) by striking ``a secondary school diploma'' and 
     inserting ``a regular high school diploma'';
       (B) in paragraph (6), by striking ``high academic 
     achievement standards'' and inserting ``the challenging State 
     academic standards'';
       (C) in paragraph (9), by striking ``vocational'' and 
     inserting ``career'';
       (D) in paragraph (10), by striking ``and'' after the 
     semicolon;
       (E) in paragraph (11), by striking the period at the end 
     and inserting a semicolon; and
       (F) by adding at the end the following:
       ``(12) upon the child's or youth's entry into the 
     correctional facility, work with the child's or youth's 
     family members and the local educational agency that most 
     recently provided

[[Page H8471]]

     services to the child or youth (if applicable) to ensure that 
     the relevant and appropriate academic records and plans 
     regarding the continuation of educational services for such 
     child or youth are shared jointly between the correctional 
     facility and local educational agency in order to facilitate 
     the transition of such children and youth between the local 
     educational agency and the correctional facility; and
       ``(13) consult with the local educational agency for a 
     period jointly determined necessary by the correctional 
     facility and local educational agency upon discharge from 
     that facility, to coordinate educational services so as to 
     minimize disruption to the child's or youth's achievement.'';
       (13) in section 1426--
       (A) in paragraph (1), by striking ``reducing dropout rates 
     for male students and for female students over a 3-year 
     period'' and inserting ``the number of children and youth 
     attaining a regular high school diploma or its recognized 
     equivalent''; and
       (B) in paragraph (2)--
       (i) by striking ``obtaining a secondary school diploma'' 
     and inserting ``attaining a regular high school diploma''; 
     and
       (ii) by striking ``obtaining employment'' and inserting 
     ``attaining employment'';
       (14) in section 1431(a)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``while protecting individual student privacy,'' after 
     ``age'';
       (B) striking ``secondary'' each place the term appears and 
     inserting ``high'';
       (C) in paragraph (1), by inserting ``and to graduate from 
     high school in the number of years established by the State 
     under either the four-year adjusted cohort graduation rate or 
     the extended-year adjusted cohort graduation rate, if 
     applicable'' after ``educational achievement''; and
       (D) in paragraph (3), by inserting ``or school operated or 
     funded by the Bureau of Indian Education'' after ``local 
     educational agency''; and
       (15) in section 1432(2)--
       (A) by inserting ``dependency adjudication, or delinquency 
     adjudication,'' after ``failure,'';
       (B) by striking ``has limited English proficiency'' and 
     inserting ``is an English learner''; and
       (C) by inserting ``or child welfare system'' after 
     ``juvenile justice system''.

          PART E--FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING

     SEC. 1501. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING.

       (a) Reorganization.--Title I (20 U.S.C. 6571 et seq.), as 
     amended by this title, is further amended--
       (1) by striking parts E through H;
       (2) by redesignating part I as part F;
       (3) by striking sections 1907 and 1908;
       (4) by redesignating sections 1901 through 1903 as sections 
     1601 through 1603, respectively; and
       (5) by redesignating sections 1905 and 1906 as sections 
     1604 and 1605, respectively.
       (b) In General.--Title I (20 U.S.C. 6571 et seq.), as 
     amended by this title, is further amended by inserting after 
     section 1432 the following:

         ``PART E--FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING

     ``SEC. 1501. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING.

       ``(a) Purpose.--The purpose of the program under this 
     section is to provide local educational agencies with 
     flexibility to consolidate eligible Federal funds and State 
     and local education funding in order to create a single 
     school funding system based on weighted per-pupil allocations 
     for low-income and otherwise disadvantaged students.
       ``(b) Authority.--
       ``(1) In general.--The Secretary is authorized to enter 
     into local flexibility demonstration agreements--
       ``(A) for not more than 3 years with local educational 
     agencies that are selected under subsection (c) and submit 
     proposed agreements that meet the requirements of subsection 
     (d); and
       ``(B) under which such agencies may consolidate and use 
     funds in accordance with subsection (d) in order to develop 
     and implement a school funding system based on weighted per-
     pupil allocations for low-income and otherwise disadvantaged 
     students.
       ``(2) Flexibility.--Except as described in subsection 
     (d)(1)(I), the Secretary is authorized to waive, for local 
     educational agencies entering into agreements under this 
     section, any provision of this Act that would otherwise 
     prevent such agency from using eligible Federal funds as part 
     of such agreement.
       ``(c) Selection of Local Educational Agencies.--
       ``(1) In general.--The Secretary may enter into local 
     flexibility demonstration agreements with not more than 50 
     local educational agencies with an approved application under 
     subsection (d).
       ``(2) Selection.--Each local educational agency shall be 
     selected based on such agency--
       ``(A) submitting a proposed local flexibility demonstration 
     agreement under subsection (d);
       ``(B) demonstrating that the agreement meets the 
     requirements of such subsection; and
       ``(C) agreeing to meet the continued demonstration 
     requirements under subsection (e).
       ``(3) Expansion.--Beginning with the 2019-2020 academic 
     year, the Secretary may extend funding flexibility authorized 
     under this section to any local educational agency that 
     submits and has approved an application under subsection (d), 
     as long as a significant majority of the demonstration 
     agreements with local educational agencies described in 
     paragraph (1) meet the requirements of subsection (d)(2) and 
     subsection (e)(1) as of the end of the 2018-2019 academic 
     year.
       ``(d) Required Terms of Local Flexibility Demonstration 
     Agreement.--
       ``(1) Application.--Each local educational agency that 
     desires to participate in the program under this section 
     shall submit, at such time and in such form as the Secretary 
     may prescribe, an application to enter into a local 
     flexibility demonstration agreement with the Secretary in 
     order to develop and implement a school funding system based 
     on weighted per-pupil allocations that meets the requirements 
     of this section. The application shall include--
       ``(A) a description of the school funding system based on 
     weighted per-pupil allocations, including--
       ``(i) the weights used to allocate funds within such 
     system;
       ``(ii) the local educational agency's legal authority to 
     use State and local education funds consistent with this 
     section;
       ``(iii) how such system will meet the requirements of 
     paragraph (2); and
       ``(iv) how such system will support the academic 
     achievement of students, including low-income students, the 
     lowest-achieving students, English learners, and children 
     with disabilities;
       ``(B) a list of funding sources, including eligible Federal 
     funds, the local educational agency will include in such 
     system;
       ``(C) a description of the amount and percentage of total 
     local educational agency funding, including State and local 
     education funds and eligible Federal funds, that will be 
     allocated through such system;
       ``(D) the per-pupil expenditures (which shall include 
     actual personnel expenditures, including staff salary 
     differentials for years of employment, and actual 
     nonpersonnel expenditures) of State and local education funds 
     for each school served by the agency for the preceding fiscal 
     year;
       ``(E) the per-pupil amount of eligible Federal funds each 
     school served by the agency received in the preceding fiscal 
     year, disaggregated by the programs supported by the eligible 
     Federal funds;
       ``(F) a description of how such system will ensure that any 
     eligible Federal funds allocated through the system will meet 
     the purposes of each Federal program supported by such funds, 
     including serving students from low-income families, English 
     learners, migratory children, and children who are neglected, 
     delinquent, or at risk, as applicable;
       ``(G) an assurance that the local educational agency 
     developed and will implement the local flexibility 
     demonstration agreement in consultation with teachers, 
     principals, other school leaders (including charter school 
     leaders in a local educational agency that has charter 
     schools), administrators of Federal programs impacted by the 
     agreement, parents, community leaders, and other relevant 
     stakeholders;
       ``(H) an assurance that the local educational agency will 
     use fiscal control and sound accounting procedures that 
     ensure proper disbursement of, and accounting for, eligible 
     Federal funds consolidated and used under such system;
       ``(I) an assurance that the local educational agency will 
     continue to meet the requirements of sections 1117, 1118, and 
     8501; and
       ``(J) an assurance that the local educational agency will 
     meet the requirements of all applicable Federal civil rights 
     laws in carrying out the agreement and in consolidating and 
     using funds under the agreement.
       ``(2) Requirements of the system.--
       ``(A) In general.--A local educational agency's school 
     funding system based on weighted per-pupil allocations 
     shall--
       ``(i) except as allowed under clause (iv), allocate a 
     significant portion of funds, including State and local 
     education funds and eligible Federal funds, to the school 
     level based on the number of students in a school and a 
     formula developed by the agency under this section that 
     determines per-pupil weighted amounts;
       ``(ii) use weights or allocation amounts that allocate 
     substantially more funding to English learners, students from 
     low-income families, and students with any other 
     characteristics associated with educational disadvantage 
     chosen by the local educational agency, than to other 
     students;
       ``(iii) ensure that each high-poverty school receives, in 
     the first year of the demonstration agreement--

       ``(I) more per-pupil funding, including from Federal, 
     State, and local sources, for low-income students than such 
     funding received for low-income students in the year prior to 
     entering into a demonstration agreement under this section; 
     and
       ``(II) at least as much per-pupil funding, including from 
     Federal, State, and local sources, for English learners as 
     such funding received for English learners in the year prior 
     to entering into a demonstration agreement under this 
     section;

       ``(iv) be used to allocate to schools a significant 
     percentage, which shall be a percentage agreed upon during 
     the application process, of all the local educational 
     agency's State and local education funds and eligible Federal 
     funds; and
       ``(v) include all school-level actual personnel 
     expenditures for instructional staff (including staff salary 
     differentials for years of employment) and actual 
     nonpersonnel expenditures in the calculation of the local 
     educational agency's State and local education funds and 
     eligible Federal funds to be allocated under clause (i).
       ``(B) Percentage.--In establishing the percentage described 
     in subparagraph (A)(iv) for the system, the local educational 
     agency shall demonstrate that the percentage--
       ``(i) under such subparagraph is sufficient to carry out 
     the purposes of the demonstration agreement under this 
     section and to meet each of the requirements of this 
     subsection; and
       ``(ii) of State and local education funds and eligible 
     Federal funds that are not allocated through the local 
     educational agency's school

[[Page H8472]]

     funding system based on weighted per-pupil allocations, does 
     not undermine or conflict with the requirements of the 
     demonstration agreement under this section.
       ``(C) Expenditures.--After allocating funds through the 
     system, the local educational agency shall charge schools for 
     the per-pupil expenditures of State and local education funds 
     and eligible Federal funds, including actual personnel 
     expenditures (including staff salary differentials for years 
     of employment) for instructional staff and actual 
     nonpersonnel expenditures.
       ``(e) Continued Demonstration.--Each local educational 
     agency with an approved application under subsection (d) 
     shall annually--
       ``(1) demonstrate to the Secretary that, as compared to the 
     previous year, no high-poverty school served by the agency 
     received--
       ``(A) less per-pupil funding, including from Federal, 
     State, and local sources, for low-income students; or
       ``(B) less per-pupil funding, including from Federal, 
     State, and local sources, for English learners;
       ``(2) make public and report to the Secretary the per-pupil 
     expenditures (including actual personnel expenditures that 
     include staff salary differentials for years of employment, 
     and actual non-personnel expenditures) of State and local 
     education funds and eligible Federal funds for each school 
     served by the agency, disaggregated by each quartile of 
     students attending the school based on student level of 
     poverty and by each major racial or ethnic group in the 
     school, for the preceding fiscal year;
       ``(3) make public the total number of students enrolled in 
     each school served by the agency and the number of students 
     enrolled in each such school disaggregated by each of the 
     subgroups of students, as defined in section 1111(c)(2); and
       ``(4) notwithstanding paragraph (1), (2), or (3), ensure 
     that any information to be reported or made public under this 
     subsection is only reported or made public if such 
     information does not reveal personally identifiable 
     information.
       ``(f) Limitations on Administrative Expenditures.--Each 
     local educational agency that has entered into a local 
     flexibility demonstration agreement with the Secretary under 
     this section may use, for administrative purposes, an amount 
     of eligible Federal funds that is not more than the 
     percentage of funds allowed for such purposes under any of 
     the following:
       ``(1) This title.
       ``(2) Title II.
       ``(3) Title III.
       ``(4) Part A of title IV.
       ``(5) Part B of title V.
       ``(g) Peer Review.--The Secretary may establish a peer-
     review process to assist in the review of a proposed local 
     flexibility demonstration agreement.
       ``(h) Noncompliance.--The Secretary may, after providing 
     notice and an opportunity for a hearing (including the 
     opportunity to provide supporting evidence as provided for in 
     subsection (i)), terminate a local flexibility demonstration 
     agreement under this section if there is evidence that the 
     local educational agency has failed to comply with the terms 
     of the agreement and the requirements under subsections (d) 
     and (e).
       ``(i) Evidence.--If a local educational agency believes 
     that the Secretary's determination under subsection (h) is in 
     error for statistical or other substantive reasons, the local 
     educational agency may provide supporting evidence to the 
     Secretary, and the Secretary shall consider that evidence 
     before making a final determination.
       ``(j) Program Evaluation.--From the amount reserved for 
     evaluation activities under section 8601, the Secretary, 
     acting through the Director of the Institute of Education 
     Sciences, shall, in consultation with the relevant program 
     office at the Department, evaluate--
       ``(1) the implementation of the local flexibility 
     demonstration agreements under this section; and
       ``(2) the impact of such agreements on improving the 
     equitable distribution of State and local funding and 
     increasing student achievement.
       ``(k) Renewal of Local Flexibility Demonstration 
     Agreement.--The Secretary may renew for additional 3-year 
     terms a local flexibility demonstration agreement under this 
     section if--
       ``(1) the local educational agency has met the requirements 
     under subsections (d)(2) and (e) and agrees to, and has a 
     high likelihood of, continuing to meet such requirements; and
       ``(2) the Secretary determines that renewing the local 
     flexibility demonstration agreement is in the interest of 
     students served under this title and title III.
       ``(l) Definitions.--In this section:
       ``(1) Eligible federal funds.--The term `eligible Federal 
     funds' means funds received by a local educational agency 
     under--
       ``(A) this title;
       ``(B) title II;
       ``(C) title III;
       ``(D) part A of title IV; and
       ``(E) part B of title V.
       ``(2) High-poverty school.--The term `high-poverty school' 
     means a school that is in the highest 2 quartiles of schools 
     served by a local educational agency, based on the percentage 
     of enrolled students from low-income families.''.

                       PART F--GENERAL PROVISIONS

     SEC. 1601. GENERAL PROVISIONS.

       (a) Federal Regulations.--Section 1601 (20 U.S.C. 6571), as 
     redesignated by section 1501(a)(4) of this Act, is amended--
       (1) in subsection (a), by inserting ``, in accordance with 
     subsections (b) through (d) and subject to section 1111(e),'' 
     after ``may issue'';
       (2) in subsection (b)--
       (A) in paragraph (1), by inserting ``principals, other 
     school leaders (including charter school leaders),'' after 
     ``teachers,'';
       (B) in paragraph (2), by adding at the end the following: 
     ``Such regional meetings and electronic exchanges of 
     information shall be public and notice of such meetings and 
     exchanges shall be provided to interested stakeholders.'';
       (C) in paragraph (3)(A), by striking ``standards and 
     assessments'' and inserting ``standards, assessments under 
     section 1111(b)(2), and the requirement under section 1118 
     that funds under part A be used to supplement, and not 
     supplant, State and local funds'';
       (D) by striking paragraph (4) and inserting the following:
       ``(4) Process.--Such process--
       ``(A) shall not be subject to the Federal Advisory 
     Committee Act (5 U.S.C. App.); and
       ``(B) shall, unless otherwise provided as described in 
     subsection (c), follow the provisions of subchapter III of 
     chapter 5 of title V, United States Code (commonly known as 
     the `Negotiated Rulemaking Act of 1990').''; and
       (E) by striking paragraph (5);
       (3) by redesignating subsection (c) as subsection (d);
       (4) by inserting after subsection (b) the following:
       ``(c) Alternative Process for Certain Exceptions.--If 
     consensus, as defined in section 562 of title 5, United 
     States Code, on any proposed regulation is not reached by the 
     individuals selected under subsection (b)(3)(B) for the 
     negotiated rulemaking process, or if the Secretary determines 
     that a negotiated rulemaking process is unnecessary, the 
     Secretary may propose a regulation in the following manner:
       ``(1) Notice to congress.--Not less than 15 business days 
     prior to issuing a notice of proposed rulemaking in the 
     Federal Register, the Secretary shall provide to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate, the Committee on Education and the Workforce of the 
     House of Representatives, and other relevant congressional 
     committees, notice of the Secretary's intent to issue a 
     notice of proposed rulemaking that shall include--
       ``(A) a copy of the proposed regulation;
       ``(B) the need to issue the regulation;
       ``(C) the anticipated burden, including the time, cost, and 
     paperwork burden, the regulation will impose on State 
     educational agencies, local educational agencies, schools, 
     and other entities that may be impacted by the regulation;
       ``(D) the anticipated benefits to State educational 
     agencies, local educational agencies, schools, and other 
     entities that may be impacted by the regulation; and
       ``(E) any regulations that will be repealed when the new 
     regulation is issued.
       ``(2) Comment period for congress.--The Secretary shall--
       ``(A) before issuing any notice of proposed rulemaking 
     under this subsection, provide Congress with a comment period 
     of 15 business days to make comments on the proposed 
     regulation, beginning on the date that the Secretary provides 
     the notice of intent to the appropriate committees of 
     Congress under paragraph (1); and
       ``(B) include and seek to address all comments submitted by 
     Congress in the public rulemaking record for the regulation 
     published in the Federal Register.
       ``(3) Comment and review period; emergency situations.--The 
     comment and review period for any proposed regulation shall 
     be not less than 60 days unless an emergency requires a 
     shorter period, in which case the Secretary shall--
       ``(A) designate the proposed regulation as an emergency 
     with an explanation of the emergency in the notice to 
     Congress under paragraph (1);
       ``(B) publish the length of the comment and review period 
     in such notice and in the Federal Register; and
       ``(C) conduct immediately thereafter regional meetings to 
     review such proposed regulation before issuing any final 
     regulation.'';
       (5) in subsection (d), as redesignated by paragraph (3), by 
     striking ``Regulations to carry out this part'' and inserting 
     ``Regulations to carry out this title''; and
       (6) by inserting after subsection (d), as redesignated by 
     paragraph (3), the following:
       ``(e) Rule of Construction.--Nothing in this section 
     affects the applicability of subchapter II of chapter 5, and 
     chapter 7, of title 5, United States Code (commonly known as 
     the `Administrative Procedure Act') or chapter 8 of title 5, 
     United States Code (commonly known as the `Congressional 
     Review Act').''.
       (b) Agreements and Records.--Subsection (a) of section 1602 
     (20 U.S.C. 6572(a)), as redesignated by section 1501(a)(4) of 
     this Act, is amended to read as follows:
       ``(a) Agreements.--In any case in which a negotiated 
     rulemaking process is established under section 1601(b), all 
     published proposed regulations shall conform to agreements 
     that result from the rulemaking described in section 1601 
     unless the Secretary reopens the negotiated rulemaking 
     process.''.
       (c) State Administration.--Section 1603 (20 U.S.C. 6573), 
     as redesignated by section 1501(a)(4) of this Act, is further 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (C), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (D), by striking the period and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(E)(i) identify any duplicative or contrasting 
     requirements between the State and Federal rules or 
     regulations; and
       ``(ii) eliminate the State rules and regulations that are 
     duplicative of Federal requirements.''; and
       (B) in paragraph (2), by striking ``the challenging State 
     student academic achievement standards'' and inserting ``the 
     challenging State academic standards''; and
       (2) in subsection (b)(2), by striking subparagraphs (C) 
     through (G) and inserting the following:

[[Page H8473]]

       ``(C) teachers from traditional public schools and charter 
     schools (if there are charter schools in the State) and 
     career and technical educators;
       ``(D) principals and other school leaders;
       ``(E) parents;
       ``(F) members of local school boards;
       ``(G) representatives of private school children;
       ``(H) specialized instructional support personnel and 
     paraprofessionals;
       ``(I) representatives of authorized public chartering 
     agencies (if there are charter schools in the State); and
       ``(J) charter school leaders (if there are charter schools 
     in the State).''.
 TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, 
                  PRINCIPALS, OR OTHER SCHOOL LEADERS

     SEC. 2001. GENERAL PROVISIONS.

       (a) Title II Transfers and Related Amendments.--
       (1) Section 2366(b) (20 U.S.C. 6736(b)) is amended by 
     striking the matter following paragraph (2) and inserting the 
     following:
       ``(3) A State law that makes a limitation of liability 
     inapplicable if the civil action was brought by an officer of 
     a State or local government pursuant to State or local 
     law.''.
       (2) Subpart 4 of part D of title II (20 U.S.C. 6777) is 
     amended, by striking the subpart designation and heading and 
     inserting the following:

                    ``Subpart 4--Internet Safety''.

       (3) Subpart 5 of part C of title II (20 U.S.C. 6731 et 
     seq.) (as amended by paragraph (1) of this subsection) is--
       (A) transferred to title IX;
       (B) inserted so as to appear after subpart 2 of part E of 
     such title;
       (C) redesignated as subpart 3 of such part; and
       (D) further amended by redesignating sections 2361 through 
     2368 as sections 9541 through 9548, respectively.
       (4) Subpart 4 of part D of title II (20 U.S.C. 6777 et seq) 
     (as amended by paragraph (2) of this subsection) is--
       (A) transferred to title IV;
       (B) inserted so as to appear after subpart 4 of part A of 
     such title;
       (C) redesignated as subpart 5 of such part; and
       (D) further amended by redesignating section 2441 as 
     section 4161.

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

       The Act (20 U.S.C. 6301 et seq.) is amended by striking 
     title II and inserting the following:
``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, 
                  PRINCIPALS, OR OTHER SCHOOL LEADERS

     ``SEC. 2001. PURPOSE.

       ``The purpose of this title is to provide grants to State 
     educational agencies and subgrants to local educational 
     agencies to--
       ``(1) increase student achievement consistent with the 
     challenging State academic standards;
       ``(2) improve the quality and effectiveness of teachers, 
     principals, and other school leaders;
       ``(3) increase the number of teachers, principals, and 
     other school leaders who are effective in improving student 
     academic achievement in schools; and
       ``(4) provide low-income and minority students greater 
     access to effective teachers, principals, and other school 
     leaders.

     ``SEC. 2002. DEFINITIONS.

       ``In this title:
       ``(1) School leader residency program.--The term `school 
     leader residency program' means a school-based principal or 
     other school leader preparation program in which a 
     prospective principal or other school leader--
       ``(A) for 1 academic year, engages in sustained and 
     rigorous clinical learning with substantial leadership 
     responsibilities and an opportunity to practice and be 
     evaluated in an authentic school setting; and
       ``(B) during that academic year--
       ``(i) participates in evidence-based coursework, to the 
     extent the State (in consultation with local educational 
     agencies in the State) determines that such evidence is 
     reasonably available, that is integrated with the clinical 
     residency experience; and
       ``(ii) receives ongoing support from a mentor principal or 
     other school leader, who is effective.
       ``(2) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       ``(3) State authorizer.--The term `State authorizer' means 
     an entity designated by the Governor of a State to recognize 
     teacher, principal, or other school leader preparation 
     academies within the State that--
       ``(A) enters into an agreement with a teacher, principal, 
     or other school leader preparation academy that specifies the 
     goals expected of the academy, as described in paragraph 
     (4)(A)(i);
       ``(B) may be a nonprofit organization, State educational 
     agency, or other public entity, or consortium of such 
     entities (including a consortium of States); and
       ``(C) does not reauthorize a teacher, principal, or other 
     school leader preparation academy if the academy fails to 
     produce the minimum number or percentage of effective 
     teachers or principals or other school leaders, respectively 
     (as determined by the State), identified in the academy's 
     authorizing agreement.
       ``(4) Teacher, principal, or other school leader 
     preparation academy.--The term `teacher, principal, or other 
     school leader preparation academy' means a public or other 
     nonprofit entity, which may be an institution of higher 
     education or an organization affiliated with an institution 
     of higher education, that establishes an academy that will 
     prepare teachers, principals, or other school leaders to 
     serve in high-needs schools, and that--
       ``(A) enters into an agreement with a State authorizer that 
     specifies the goals expected of the academy, including--
       ``(i) a requirement that prospective teachers, principals, 
     or other school leaders who are enrolled in the academy 
     receive a significant part of their training through clinical 
     preparation that partners the prospective candidate with an 
     effective teacher, principal, or other school leader, as 
     determined by the State, respectively, with a demonstrated 
     record of increasing student academic achievement, including 
     for the subgroups of students defined in section 1111(c)(2), 
     while also receiving concurrent instruction from the academy 
     in the content area (or areas) in which the prospective 
     teacher, principal, or other school leader will become 
     certified or licensed that links to the clinical preparation 
     experience;
       ``(ii) the number of effective teachers, principals, or 
     other school leaders, respectively, who will demonstrate 
     success in increasing student academic achievement that the 
     academy will prepare; and
       ``(iii) a requirement that the academy will award a 
     certificate of completion (or degree, if the academy is, or 
     is affiliated with, an institution of higher education) to a 
     teacher only after the teacher demonstrates that the teacher 
     is an effective teacher, as determined by the State, with a 
     demonstrated record of increasing student academic 
     achievement either as a student teacher or teacher-of-record 
     on an alternative certificate, license, or credential;
       ``(iv) a requirement that the academy will award a 
     certificate of completion (or degree, if the academy is, or 
     is affiliated with, an institution of higher education) to a 
     principal or other school leader only after the principal or 
     other school leader demonstrates a record of success in 
     improving student performance; and
       ``(v) timelines for producing cohorts of graduates and 
     conferring certificates of completion (or degrees, if the 
     academy is, or is affiliated with, an institution of higher 
     education) from the academy;
       ``(B) does not have unnecessary restrictions on the methods 
     the academy will use to train prospective teacher, principal, 
     or other school leader candidates, including--
       ``(i) obligating (or prohibiting) the academy's faculty to 
     hold advanced degrees or conduct academic research;
       ``(ii) restrictions related to the academy's physical 
     infrastructure;
       ``(iii) restrictions related to the number of course 
     credits required as part of the program of study;
       ``(iv) restrictions related to the undergraduate coursework 
     completed by teachers teaching or working on alternative 
     certificates, licenses, or credentials, as long as such 
     teachers have successfully passed all relevant State-approved 
     content area examinations; or
       ``(v) restrictions related to obtaining accreditation from 
     an accrediting body for purposes of becoming an academy;
       ``(C) limits admission to its program to prospective 
     teacher, principal, or other school leader candidates who 
     demonstrate strong potential to improve student academic 
     achievement, based on a rigorous selection process that 
     reviews a candidate's prior academic achievement or record of 
     professional accomplishment; and
       ``(D) results in a certificate of completion or degree that 
     the State may, after reviewing the academy's results in 
     producing effective teachers, or principals, or other school 
     leaders, respectively (as determined by the State) recognize 
     as at least the equivalent of a master's degree in education 
     for the purposes of hiring, retention, compensation, and 
     promotion in the State.
       ``(5) Teacher residency program.--The term `teacher 
     residency program' means a school-based teacher preparation 
     program in which a prospective teacher--
       ``(A) for not less than 1 academic year, teaches alongside 
     an effective teacher, as determined by the State or local 
     educational agency, who is the teacher of record for the 
     classroom;
       ``(B) receives concurrent instruction during the year 
     described in subparagraph (A)--
       ``(i) through courses that may be taught by local 
     educational agency personnel or by faculty of the teacher 
     preparation program; and
       ``(ii) in the teaching of the content area in which the 
     teacher will become certified or licensed; and
       ``(C) acquires effective teaching skills, as demonstrated 
     through completion of a residency program, or other measure 
     determined by the State, which may include a teacher 
     performance assessment.

     ``SEC. 2003. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Grants to States and Local Educational Agencies.--For 
     the purpose of carrying out part A, there are authorized to 
     be appropriated $2,295,830,000 for each of fiscal years 2017 
     through 2020.
       ``(b) National Activities.--For the purpose of carrying out 
     part B, there are authorized to be appropriated--
       ``(1) $468,880,575 for each of fiscal years 2017 and 2018;
       ``(2) $469,168,000 for fiscal year 2019; and
       ``(3) $489,168,000 for fiscal year 2020.

               ``PART A--SUPPORTING EFFECTIVE INSTRUCTION

     ``SEC. 2101. FORMULA GRANTS TO STATES.

       ``(a) Reservation of Funds.--From the total amount 
     appropriated under section 2003(a) for a fiscal year, the 
     Secretary shall reserve--
       ``(1) one-half of 1 percent for allotments for the United 
     States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the

[[Page H8474]]

     Northern Mariana Islands, to be distributed among those 
     outlying areas on the basis of their relative need, as 
     determined by the Secretary, in accordance with the purpose 
     of this title; and
       ``(2) one-half of 1 percent for the Secretary of the 
     Interior for programs under this part in schools operated or 
     funded by the Bureau of Indian Education.
       ``(b) State Allotments.--
       ``(1) Hold harmless.--
       ``(A) Fiscal years 2017 through 2022.--For each of fiscal 
     years 2017 through 2022, subject to paragraph (2) and 
     subparagraph (C), from the funds appropriated under section 
     2003(a) for a fiscal year that remain after the Secretary 
     makes the reservations under subsection (a), the Secretary 
     shall allot to each State an amount equal to the total amount 
     that such State received for fiscal year 2001 under--
       ``(i) section 2202(b) of this Act (as in effect on the day 
     before the date of enactment of the No Child Left Behind Act 
     of 2001); and
       ``(ii) section 306 of the Department of Education 
     Appropriations Act, 2001 (as enacted into law by section 
     1(a)(1) of Public Law 106-554).
       ``(B) Ratable reduction.--If the funds described in 
     subparagraph (A) are insufficient to pay the full amounts 
     that all States are eligible to receive under subparagraph 
     (A) for any fiscal year, the Secretary shall ratably reduce 
     those amounts for the fiscal year.
       ``(C) Percentage reduction.--For each of fiscal years 2017 
     through 2022, the amount in subparagraph (A) shall be reduced 
     by a percentage equal to the product of 14.29 percent and the 
     number of years between the fiscal year for which the 
     determination is being made and fiscal year 2016.
       ``(2) Allotment of additional funds.--
       ``(A) In general.--Subject to subparagraph (B), for any 
     fiscal year for which the funds appropriated under section 
     2003(a) and not reserved under subsection (a) exceed the 
     total amount required to make allotments under paragraph (1), 
     the Secretary shall allot to each State the sum of--
       ``(i) for fiscal year 2017--

       ``(I) an amount that bears the same relationship to 35 
     percent of the excess amount as the number of individuals 
     aged 5 through 17 in the State, as determined by the 
     Secretary on the basis of the most recent satisfactory data, 
     bears to the number of those individuals in all such States, 
     as so determined; and
       ``(II) an amount that bears the same relationship to 65 
     percent of the excess amount as the number of individuals 
     aged 5 through 17 from families with incomes below the 
     poverty line in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined;

       ``(ii) for fiscal year 2018--

       ``(I) an amount that bears the same relationship to 30 
     percent of the excess amount as the number of individuals 
     aged 5 through 17 in the State, as determined by the 
     Secretary on the basis of the most recent satisfactory data, 
     bears to the number of those individuals in all such States, 
     as so determined; and
       ``(II) an amount that bears the same relationship to 70 
     percent of the excess amount as the number of individuals 
     aged 5 through 17 from families with incomes below the 
     poverty line in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined;

       ``(iii) for fiscal year 2019--

       ``(I) an amount that bears the same relationship to 25 
     percent of the excess amount as the number of individuals 
     aged 5 through 17 in the State, as determined by the 
     Secretary on the basis of the most recent satisfactory data, 
     bears to the number of those individuals in all such States, 
     as so determined; and
       ``(II) an amount that bears the same relationship to 75 
     percent of the excess amount as the number of individuals 
     aged 5 through 17 from families with incomes below the 
     poverty line in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined; and

       ``(iv) for fiscal year 2020--

       ``(I) an amount that bears the same relationship to 20 
     percent of the excess amount as the number of individuals 
     aged 5 through 17 in the State, as determined by the 
     Secretary on the basis of the most recent satisfactory data, 
     bears to the number of those individuals in all such States, 
     as so determined; and
       ``(II) an amount that bears the same relationship to 80 
     percent of the excess amount as the number of individuals 
     aged 5 through 17 from families with incomes below the 
     poverty line in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined.

       ``(B) Exception.--No State receiving an allotment under 
     subparagraph (A) may receive less than one-half of 1 percent 
     of the total excess amount allotted under such subparagraph 
     for a fiscal year.
       ``(3) Fiscal year 2021 and succeeding fiscal years.--For 
     fiscal year 2021 and each of the succeeding fiscal years--
       ``(A) the Secretary shall allot funds appropriated under 
     section 2003(a) and not reserved under subsection (a) to each 
     State in accordance with paragraph (2)(A)(iv); and
       ``(B) the amount appropriated but not reserved shall be 
     treated as the excess amount.
       ``(4) Reallotment.--If any State does not apply for an 
     allotment under this subsection for any fiscal year, the 
     Secretary shall reallot the amount of the allotment to the 
     remaining States in accordance with this subsection.
       ``(c) State Uses of Funds.--
       ``(1) In general.--Except as provided under paragraph (3), 
     each State that receives an allotment under subsection (b) 
     for a fiscal year shall reserve not less than 95 percent of 
     such allotment to make subgrants to local educational 
     agencies for such fiscal year, as described in section 2102.
       ``(2) State administration.--A State educational agency may 
     use not more than 1 percent of the amount allotted to such 
     State under subsection (b) for the administrative costs of 
     carrying out such State educational agency's responsibilities 
     under this part.
       ``(3) Principals or other school leaders.--Notwithstanding 
     paragraph (1) and in addition to funds otherwise available 
     for activities under paragraph (4), a State educational 
     agency may reserve not more than 3 percent of the amount 
     reserved for subgrants to local educational agencies under 
     paragraph (1) for one or more of the activities for 
     principals or other school leaders that are described in 
     paragraph (4).
       ``(4) State activities.--
       ``(A) In general.--The State educational agency for a State 
     that receives an allotment under subsection (b) may use funds 
     not reserved under paragraph (1) to carry out 1 or more of 
     the activities described in subparagraph (B), which may be 
     implemented in conjunction with a State agency of higher 
     education (if such agencies are separate) and carried out 
     through a grant or contract with a for-profit or nonprofit 
     entity, including an institution of higher education.
       ``(B) Types of state activities.--The activities described 
     in this subparagraph are the following:
       ``(i) Reforming teacher, principal, or other school leader 
     certification, recertification, licensing, or tenure systems 
     or preparation program standards and approval processes to 
     ensure that--

       ``(I) teachers have the necessary subject-matter knowledge 
     and teaching skills, as demonstrated through measures 
     determined by the State, which may include teacher 
     performance assessments, in the academic subjects that the 
     teachers teach to help students meet challenging State 
     academic standards;
       ``(II) principals or other school leaders have the 
     instructional leadership skills to help teachers teach and to 
     help students meet such challenging State academic standards; 
     and
       ``(III) teacher certification or licensing requirements are 
     aligned with such challenging State academic standards.

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

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

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

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

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

       ``(I) opportunities for effective teachers to lead 
     evidence-based (to the extent the State determines that such 
     evidence is reasonably available) professional development 
     for the peers of such effective teachers; and
       ``(II) providing training and support for teacher leaders 
     and principals or other school leaders who are recruited as 
     part of instructional leadership teams.

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

       ``(I) career opportunities and advancement initiatives that 
     promote professional growth and emphasize multiple career 
     paths, such as instructional coaching and mentoring 
     (including hybrid roles that allow instructional coaching and 
     mentoring while remaining in the classroom), school 
     leadership, and involvement with school improvement and 
     support;

[[Page H8475]]

       ``(II) strategies that provide differential pay, or other 
     incentives, to recruit and retain teachers in high-need 
     academic subjects and teachers, principals, or other school 
     leaders, in low-income schools and school districts, which 
     may include performance-based pay systems; and
       ``(III) new teacher, principal, or other school leader 
     induction and mentoring programs that are, to the extent the 
     State determines that such evidence is reasonably available, 
     evidence-based, and designed to--

       ``(aa) improve classroom instruction and student learning 
     and achievement, including through improving school 
     leadership programs; and
       ``(bb) increase the retention of effective teachers, 
     principals, or other school leaders.
       ``(viii) Providing assistance to local educational agencies 
     for the development and implementation of high-quality 
     professional development programs for principals that enable 
     the principals to be effective and prepare all students to 
     meet the challenging State academic standards.
       ``(ix) Supporting efforts to train teachers, principals, or 
     other school leaders to effectively integrate technology into 
     curricula and instruction, which may include training to 
     assist teachers in implementing blended learning (as defined 
     in section 4102(1)) projects.
       ``(x) Providing training, technical assistance, and 
     capacity-building to local educational agencies that receive 
     a subgrant under this part.
       ``(xi) Reforming or improving teacher, principal, or other 
     school leader preparation programs, such as through 
     establishing teacher residency programs and school leader 
     residency programs.
       ``(xii) Establishing or expanding teacher, principal, or 
     other school leader preparation academies, with an amount of 
     the funds described in subparagraph (A) that is not more than 
     2 percent of the State's allotment, if--

       ``(I) allowable under State law;
       ``(II) the State enables candidates attending a teacher, 
     principal, or other school leader preparation academy to be 
     eligible for State financial aid to the same extent as 
     participants in other State-approved teacher or principal 
     preparation programs, including alternative certification, 
     licensure, or credential programs; and
       ``(III) the State enables teachers, principals, or other 
     school leaders who are teaching or working while on 
     alternative certificates, licenses, or credentials to teach 
     or work in the State while enrolled in a teacher, principal, 
     or other school leader preparation academy.

       ``(xiii) Supporting the instructional services provided by 
     effective school library programs.
       ``(xiv) Developing, or assisting local educational agencies 
     in developing, strategies that provide teachers, principals, 
     or other school leaders with the skills, credentials, or 
     certifications needed to educate all students in 
     postsecondary education coursework through early college high 
     school or dual or concurrent enrollment programs.
       ``(xv) Providing training for all school personnel, 
     including teachers, principals, other school leaders, 
     specialized instructional support personnel, and 
     paraprofessionals, regarding how to prevent and recognize 
     child sexual abuse.
       ``(xvi) Supporting opportunities for principals, other 
     school leaders, teachers, paraprofessionals, early childhood 
     education program directors, and other early childhood 
     education program providers to participate in joint efforts 
     to address the transition to elementary school, including 
     issues related to school readiness.
       ``(xvii) Developing and providing professional development 
     and other comprehensive systems of support for teachers, 
     principals, or other school leaders to promote high-quality 
     instruction and instructional leadership in science, 
     technology, engineering, and mathematics subjects, including 
     computer science.
       ``(xviii) Supporting the professional development and 
     improving the instructional strategies of teachers, 
     principals, or other school leaders to integrate career and 
     technical education content into academic instructional 
     practices, which may include training on best practices to 
     understand State and regional workforce needs and transitions 
     to postsecondary education and the workforce.
       ``(xix) Enabling States, as a consortium, to voluntarily 
     develop a process that allows teachers who are licensed or 
     certified in a participating State to teach in other 
     participating States without completing additional licensure 
     or certification requirements, except that nothing in this 
     clause shall be construed to allow the Secretary to exercise 
     any direction, supervision, or control over State teacher 
     licensing or certification requirements.
       ``(xx) Supporting and developing efforts to train teachers 
     on the appropriate use of student data to ensure that 
     individual student privacy is protected as required by 
     section 444 of the General Education Provisions Act (commonly 
     known as the `Family Educational Rights and Privacy Act of 
     1974') (20 U.S.C. 1232g) and in accordance with State student 
     privacy laws and local educational agency student privacy and 
     technology use policies.
       ``(xxi) Supporting other activities identified by the State 
     that are, to the extent the State determines that such 
     evidence is reasonably available, evidence-based and that 
     meet the purpose of this title.
       ``(d) State Application.--
       ``(1) In general.--In order to receive an allotment under 
     this section for any fiscal year, a State shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary may reasonably require.
       ``(2) Contents.--Each application described under paragraph 
     (1) shall include the following:
       ``(A) A description of how the State educational agency 
     will use funds received under this title for State-level 
     activities described in subsection (c).
       ``(B) A description of the State's system of certification 
     and licensing of teachers, principals, or other school 
     leaders.
       ``(C) A description of how activities under this part are 
     aligned with challenging State academic standards.
       ``(D) A description of how the activities carried out with 
     funds under this part are expected to improve student 
     achievement.
       ``(E) If a State educational agency plans to use funds 
     under this part to improve equitable access to effective 
     teachers, consistent with section 1111(g)(1)(B), a 
     description of how such funds will be used for such purpose.
       ``(F) If applicable, a description of how the State 
     educational agency will work with local educational agencies 
     in the State to develop or implement State or local teacher, 
     principal, or other school leader evaluation and support 
     systems that meet the requirements of subsection 
     (c)(4)(B)(ii).
       ``(G) An assurance that the State educational agency will 
     monitor the implementation of activities under this part and 
     provide technical assistance to local educational agencies in 
     carrying out such activities.
       ``(H) An assurance that the State educational agency will 
     work in consultation with the entity responsible for teacher, 
     principal, or other school leader professional standards, 
     certification, and licensing for the State, and encourage 
     collaboration between educator preparation programs, the 
     State, and local educational agencies to promote the 
     readiness of new educators entering the profession.
       ``(I) An assurance that the State educational agency will 
     comply with section 8501 (regarding participation by private 
     school children and teachers).
       ``(J) A description of how the State educational agency 
     will improve the skills of teachers, principals, or other 
     school leaders in order to enable them to identify students 
     with specific learning needs, particularly children with 
     disabilities, English learners, students who are gifted and 
     talented, and students with low literacy levels, and provide 
     instruction based on the needs of such students.
       ``(K) A description of how the State will use data and 
     ongoing consultation as described in paragraph (3) to 
     continually update and improve the activities supported under 
     this part.
       ``(L) A description of how the State educational agency 
     will encourage opportunities for increased autonomy and 
     flexibility for teachers, principals, or other school 
     leaders, such as by establishing innovation schools that have 
     a high degree of autonomy over budget and operations, are 
     transparent and accountable to the public, and lead to 
     improved academic outcomes for students.
       ``(M) A description of actions the State may take to 
     improve preparation programs and strengthen support for 
     teachers, principals, or other school leaders based on the 
     needs of the State, as identified by the State educational 
     agency.
       ``(3) Consultation.--In developing the State application 
     under this subsection, a State shall--
       ``(A) meaningfully consult with teachers, principals, other 
     school leaders, paraprofessionals (including organizations 
     representing such individuals), specialized instructional 
     support personnel, charter school leaders (in a State that 
     has charter schools), parents, community partners, and other 
     organizations or partners with relevant and demonstrated 
     expertise in programs and activities designed to meet the 
     purpose of this title;
       ``(B) seek advice from the individuals, organizations, or 
     partners described in subparagraph (A) regarding how best to 
     improve the State's activities to meet the purpose of this 
     title; and
       ``(C) coordinate the State's activities under this part 
     with other related strategies, programs, and activities being 
     conducted in the State.
       ``(4) Limitation.--Consultation required under paragraph 
     (3) shall not interfere with the timely submission of the 
     application required under this section.
       ``(e) Prohibition.--Nothing in this section shall be 
     construed to authorize the Secretary or any other officer or 
     employee of the Federal Government to mandate, direct, or 
     control any of the following:
       ``(1) The development, improvement, or implementation of 
     elements of any teacher, principal, or other school leader 
     evaluation system.
       ``(2) Any State or local educational agency's definition of 
     teacher, principal, or other school leader effectiveness.
       ``(3) Any teacher, principal, or other school leader 
     professional standards, certification, or licensing.

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

       ``(a) Allocation of Funds to Local Educational Agencies.--
       ``(1) In general.--From funds reserved by a State under 
     section 2101(c)(1) for a fiscal year, the State, acting 
     through the State educational agency, shall award subgrants 
     to eligible local educational agencies from allocations 
     described in paragraph (2).
       ``(2) Allocation formula.--From the funds described in 
     paragraph (1), the State educational agency shall allocate to 
     each of the eligible local educational agencies in the State 
     for a fiscal year the sum of--
       ``(A) an amount that bears the same relationship to 20 
     percent of such funds for such fiscal year as the number of 
     individuals aged 5 through 17 in the geographic area served 
     by the agency, as determined by the Secretary on the basis of 
     the most recent satisfactory data, bears to the number of 
     those individuals in the geographic areas served by all 
     eligible local educational agencies in the State, as so 
     determined; and
       ``(B) an amount that bears the same relationship to 80 
     percent of the funds for such fiscal

[[Page H8476]]

     year as the number of individuals aged 5 through 17 from 
     families with incomes below the poverty line in the 
     geographic area served by the agency, as determined by the 
     Secretary on the basis of the most recent satisfactory data, 
     bears to the number of those individuals in the geographic 
     areas served by all the eligible local educational agencies 
     in the State, as so determined.
       ``(3) Rule of construction.--Nothing in this section shall 
     be construed to prohibit a consortium of local educational 
     agencies that are designated with a locale code of 41, 42, or 
     43, or such local educational agencies designated with a 
     locale code of 41, 42, or 43 that work in cooperation with an 
     educational service agency, from voluntarily combining 
     allocations received under this part for the collective use 
     of funding by the consortium for activities under this 
     section.
       ``(b) Local Applications.--
       ``(1) In general.--To be eligible to receive a subgrant 
     under this section, a local educational agency shall submit 
     an application to the State educational agency at such time, 
     in such manner, and containing such information as the State 
     educational agency may reasonably require.
       ``(2) Contents of application.--Each application submitted 
     under paragraph (1) shall include the following:
       ``(A) A description of the activities to be carried out by 
     the local educational agency under this section and how these 
     activities will be aligned with challenging State academic 
     standards.
       ``(B) A description of the local educational agency's 
     systems of professional growth and improvement, such as 
     induction for teachers, principals, or other school leaders 
     and opportunities for building the capacity of teachers and 
     opportunities to develop meaningful teacher leadership.
       ``(C) A description of how the local educational agency 
     will prioritize funds to schools served by the agency that 
     are implementing comprehensive support and improvement 
     activities and targeted support and improvement activities 
     under section 1111(d) and have the highest percentage of 
     children counted under section 1124(c).
       ``(D) A description of how the local educational agency 
     will use data and ongoing consultation described in paragraph 
     (3) to continually update and improve activities supported 
     under this part.
       ``(E) An assurance that the local educational agency will 
     comply with section 8501 (regarding participation by private 
     school children and teachers).
       ``(F) An assurance that the local educational agency will 
     coordinate professional development activities authorized 
     under this part with professional development activities 
     provided through other Federal, State, and local programs.
       ``(3) Consultation.--In developing the application 
     described in paragraph (2), a local educational agency 
     shall--
       ``(A) meaningfully consult with teachers, principals, other 
     school leaders, paraprofessionals (including organizations 
     representing such individuals), specialized instructional 
     support personnel, charter school leaders (in a local 
     educational agency that has charter schools), parents, 
     community partners, and other organizations or partners with 
     relevant and demonstrated expertise in programs and 
     activities designed to meet the purpose of this title;
       ``(B) seek advice from the individuals and organizations 
     described in subparagraph (A) regarding how best to improve 
     the local educational agency's activities to meet the purpose 
     of this title; and
       ``(C) coordinate the local educational agency's activities 
     under this part with other related strategies, programs, and 
     activities being conducted in the community.
       ``(4) Limitation.--Consultation required under paragraph 
     (3) shall not interfere with the timely submission of the 
     application required under this section.

     ``SEC. 2103. LOCAL USES OF FUNDS.

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

       ``(I) improve classroom instruction and student learning 
     and achievement; and
       ``(II) increase the retention of effective teachers, 
     principals, or other school leaders;

       ``(v) the development and provision of training for school 
     leaders, coaches, mentors, and evaluators on how accurately 
     to differentiate performance, provide useful feedback, and 
     use evaluation results to inform decisionmaking about 
     professional development, improvement strategies, and 
     personnel decisions; and
       ``(vi) a system for auditing the quality of evaluation and 
     support systems;
       ``(C) recruiting qualified individuals from other fields to 
     become teachers, principals, or other school leaders, 
     including mid-career professionals from other occupations, 
     former military personnel, and recent graduates of 
     institutions of higher education with records of academic 
     distinction who demonstrate potential to become effective 
     teachers, principals, or other school leaders;
       ``(D) reducing class size to a level that is evidence-
     based, to the extent the State (in consultation with local 
     educational agencies in the State) determines that such 
     evidence is reasonably available, to improve student 
     achievement through the recruiting and hiring of additional 
     effective teachers;
       ``(E) providing high-quality, personalized professional 
     development that is evidence-based, to the extent the State 
     (in consultation with local educational agencies in the 
     State) determines that such evidence is reasonably available, 
     for teachers, instructional leadership teams, principals, or 
     other school leaders, that is focused on improving teaching 
     and student learning and achievement, including supporting 
     efforts to train teachers, principals, or other school 
     leaders to--
       ``(i) effectively integrate technology into curricula and 
     instruction (including education about the harms of copyright 
     piracy);
       ``(ii) use data to improve student achievement and 
     understand how to ensure individual student privacy is 
     protected, as required under section 444 of the General 
     Education Provisions Act (commonly known as the `Family 
     Educational Rights and Privacy Act of 1974') (20 U.S.C. 
     1232g) and State and local policies and laws in the use of 
     such data;
       ``(iii) effectively engage parents, families, and community 
     partners, and coordinate services between school and 
     community;
       ``(iv) help all students develop the skills essential for 
     learning readiness and academic success;
       ``(v) develop policy with school, local educational agency, 
     community, or State leaders; and
       ``(vi) participate in opportunities for experiential 
     learning through observation;
       ``(F) developing programs and activities that increase the 
     ability of teachers to effectively teach children with 
     disabilities, including children with significant cognitive 
     disabilities, and English learners, which may include the use 
     of multi-tier systems of support and positive behavioral 
     intervention and supports, so that such children with 
     disabilities and English learners can meet the challenging 
     State academic standards;
       ``(G) providing programs and activities to increase--
       ``(i) the knowledge base of teachers, principals, or other 
     school leaders on instruction in the early grades and on 
     strategies to measure whether young children are progressing; 
     and
       ``(ii) the ability of principals or other school leaders to 
     support teachers, teacher leaders, early childhood educators, 
     and other professionals to meet the needs of students through 
     age 8, which may include providing joint professional 
     learning and planning activities for school staff and 
     educators in preschool programs that address the transition 
     to elementary school;
       ``(H) providing training, technical assistance, and 
     capacity-building in local educational agencies to assist 
     teachers, principals, or other school leaders with selecting 
     and implementing formative assessments, designing classroom-
     based assessments, and using data from such assessments to 
     improve instruction and student academic achievement, which 
     may include providing additional time for teachers to review 
     student data and respond, as appropriate;
       ``(I) carrying out in-service training for school personnel 
     in--
       ``(i) the techniques and supports needed to help educators 
     understand when and how to refer students affected by trauma, 
     and children with, or at risk of, mental illness;
       ``(ii) the use of referral mechanisms that effectively link 
     such children to appropriate treatment and intervention 
     services in the school and in the community, where 
     appropriate;
       ``(iii) forming partnerships between school-based mental 
     health programs and public or private mental health 
     organizations; and
       ``(iv) addressing issues related to school conditions for 
     student learning, such as safety, peer interaction, drug and 
     alcohol abuse, and chronic absenteeism;

[[Page H8477]]

       ``(J) providing training to support the identification of 
     students who are gifted and talented, including high-ability 
     students who have not been formally identified for gifted 
     education services, and implementing instructional practices 
     that support the education of such students, such as--
       ``(i) early entrance to kindergarten;
       ``(ii) enrichment, acceleration, and curriculum compacting 
     activities; and
       ``(iii) dual or concurrent enrollment programs in secondary 
     school and postsecondary education;
       ``(K) supporting the instructional services provided by 
     effective school library programs;
       ``(L) providing training for all school personnel, 
     including teachers, principals, other school leaders, 
     specialized instructional support personnel, and 
     paraprofessionals, regarding how to prevent and recognize 
     child sexual abuse;
       ``(M) developing and providing professional development and 
     other comprehensive systems of support for teachers, 
     principals, or other school leaders to promote high-quality 
     instruction and instructional leadership in science, 
     technology, engineering, and mathematics subjects, including 
     computer science;
       ``(N) developing feedback mechanisms to improve school 
     working conditions, including through periodically and 
     publicly reporting results of educator support and working 
     conditions feedback;
       ``(O) providing high-quality professional development for 
     teachers, principals, or 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; and
       ``(P) carrying out other activities that are evidence-
     based, to the extent the State (in consultation with local 
     educational agencies in the State) determines that such 
     evidence is reasonably available, and identified by the local 
     educational agency that meet the purpose of this title.

     ``SEC. 2104. REPORTING.

       ``(a) State Report.--Each State educational agency 
     receiving funds under this part shall annually submit to the 
     Secretary a report that provides--
       ``(1) a description of how the State is using grant funds 
     received under this part to meet the purpose of this title, 
     and how such chosen activities improved teacher, principal, 
     or other school leader effectiveness, as determined by the 
     State or local educational agency;
       ``(2) if funds are used under this part to improve 
     equitable access to teachers for low-income and minority 
     students, consistent with section 1111(g)(1)(B), a 
     description of how funds have been used to improve such 
     access;
       ``(3) for a State that implements a teacher, principal, or 
     other school leader evaluation and support system, consistent 
     with section 2101(c)(4)(B)(ii), using funds under this part, 
     the evaluation results of teachers, principals, or other 
     school leaders, except that such information shall not 
     provide personally identifiable information on individual 
     teachers, principals, or other school leaders; and
       ``(4) where available, the annual retention rates of 
     effective and ineffective teachers, principals, or other 
     school leaders, using any methods or criteria the State has 
     or develops under section 1111(g)(2)(A), except that nothing 
     in this paragraph shall be construed to require any State 
     educational agency or local educational agency to collect and 
     report any data the State educational agency or local 
     educational agency is not collecting or reporting as of the 
     day before the date of enactment of the Every Student 
     Succeeds Act.
       ``(b) Local Educational Agency Report.--Each local 
     educational agency receiving funds under this part shall 
     submit to the State educational agency such information as 
     the State requires, which shall include the information 
     described in subsection (a) for the local educational agency.
       ``(c) Availability.--The reports and information provided 
     under subsections (a) and (b) shall be made readily available 
     to the public.
       ``(d) Limitation.--The reports and information provided 
     under subsections (a) and (b) shall not reveal personally 
     identifiable information about any individual.

                     ``PART B--NATIONAL ACTIVITIES

     ``SEC. 2201. RESERVATIONS.

       ``From the amounts appropriated under section 2003(b) for a 
     fiscal year, the Secretary shall reserve--
       ``(1) to carry out activities authorized under subpart 1--
       ``(A) 49.1 percent for each of fiscal years 2017 through 
     2019; and
       ``(B) 47 percent for fiscal year 2020;
       ``(2) to carry out activities authorized under subpart 2--
       ``(A) 34.1 percent for each of fiscal years 2017 through 
     2019; and
       ``(B) 36.8 percent for fiscal year 2020;
       ``(3) to carry out activities authorized under subpart 3, 
     1.4 percent for each of fiscal years 2017 through 2020; and
       ``(4) to carry out activities authorized under subpart 4--
       ``(A) 15.4 percent for each of fiscal years 2017 through 
     2019; and
       ``(B) 14.8 percent for fiscal year 2020.

        ``Subpart 1--Teacher and School Leader Incentive Program

     ``SEC. 2211. PURPOSES; DEFINITIONS.

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

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

     ``SEC. 2212. TEACHER AND SCHOOL LEADER INCENTIVE FUND GRANTS.

       ``(a) Grants Authorized.--From the amounts reserved by the 
     Secretary under section 2201(1), the Secretary shall award 
     grants, on a competitive basis, to eligible entities to 
     enable the eligible entities to develop, implement, improve, 
     or expand performance-based compensation systems or human 
     capital management systems, in schools served by the eligible 
     entity.
       ``(b) Duration of Grants.--
       ``(1) In general.--A grant awarded under this subpart shall 
     be for a period of not more than 3 years.
       ``(2) Renewal.--The Secretary may renew a grant awarded 
     under this subpart for a period of not more than 2 years if 
     the grantee demonstrates to the Secretary that the grantee is 
     effectively using funds. Such renewal may include allowing 
     the grantee to scale up or replicate the successful program.
       ``(3) Limitation.--A local educational agency may receive 
     (whether individually or as part of a consortium or 
     partnership) a grant under this subpart, as amended by the 
     Every Student Succeeds Act, only twice.
       ``(c) Applications.--An eligible entity desiring a grant 
     under this subpart shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may reasonably require. The application shall include--
       ``(1) a description of the performance-based compensation 
     system or human capital management system that the eligible 
     entity proposes to develop, implement, improve, or expand 
     through the grant;
       ``(2) a description of the most significant gaps or 
     insufficiencies in student access to effective teachers, 
     principals, or other school leaders in high-need schools, 
     including gaps or inequities in how effective teachers, 
     principals, or other school leaders are distributed across 
     the local educational agency, as identified using factors 
     such as data on school resources, staffing patterns, school 
     environment, educator support systems, and other school-level 
     factors;
       ``(3) a description and evidence of the support and 
     commitment from teachers, principals, or other school 
     leaders, which may include charter school leaders, in the 
     school (including organizations representing teachers, 
     principals, or other school leaders), the community, and the 
     local educational agency to the activities proposed under the 
     grant;
       ``(4) a description of how the eligible entity will develop 
     and implement a fair, rigorous, valid, reliable, and 
     objective process to evaluate teacher, principal, or other 
     school leader performance under the system that is based in 
     part on measures of student academic achievement, including 
     the baseline performance against which evaluations of 
     improved performance will be made;

[[Page H8478]]

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

       ``(I) teach in--

       ``(aa) high-need schools; or
       ``(bb) high-need subjects;

       ``(II) raise student academic achievement; or
       ``(III) take on additional leadership responsibilities; or

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

     ``SEC. 2213. REPORTS.

       ``(a) Activities Summary.--Each eligible entity receiving a 
     grant under this subpart shall provide to the Secretary a 
     summary of the activities assisted under the grant.
       ``(b) Report.--The Secretary shall provide to Congress an 
     annual report on the implementation of the program carried 
     out under this subpart, including--
       ``(1) information on eligible entities that received grant 
     funds under this subpart, including--
       ``(A) information provided by eligible entities to the 
     Secretary in the applications submitted under section 
     2212(c);
       ``(B) the summaries received under subsection (a); and
       ``(C) grant award amounts; and
       ``(2) student academic achievement and, as applicable, 
     growth data from the schools participating in the programs 
     supported under the grant.
       ``(c) Evaluation and Technical Assistance.--
       ``(1) Reservation of funds.--Of the total amount reserved 
     for this subpart for a fiscal year, the Secretary may reserve 
     for such fiscal year not more than 1 percent for the cost of 
     the evaluation under paragraph (2) and for technical 
     assistance in carrying out this subpart.
       ``(2) Evaluation.--From amounts reserved under paragraph 
     (1), the Secretary, acting through the Director of the 
     Institute of Education Sciences, shall carry out an 
     independent evaluation to measure the effectiveness of the 
     program assisted under this subpart.
       ``(3) Contents.--The evaluation under paragraph (2) shall 
     measure--
       ``(A) the effectiveness of the program in improving student 
     academic achievement;
       ``(B) the satisfaction of the participating teachers, 
     principals, or other school leaders; and
       ``(C) the extent to which the program assisted the eligible 
     entities in recruiting and retaining high-quality teachers, 
     principals, or other school leaders, especially in high-need 
     subject areas.

    ``Subpart 2--Literacy Education for All, Results for the Nation

     ``SEC. 2221. PURPOSES; DEFINITIONS.

       ``(a) Purposes.--The purposes of this subpart are--
       ``(1) to improve student academic achievement in reading 
     and writing by providing Federal support to States to 
     develop, revise, or update comprehensive literacy instruction 
     plans that, when implemented, ensure high-quality instruction 
     and effective strategies in reading and writing from early 
     education through grade 12; and
       ``(2) for States to provide targeted subgrants to early 
     childhood education programs and local educational agencies 
     and their public or private partners to implement evidence-
     based programs that ensure high-quality comprehensive 
     literacy instruction for students most in need.
       ``(b) Definitions.--In this subpart:
       ``(1) Comprehensive literacy instruction.--The term 
     `comprehensive literacy instruction' means instruction that--
       ``(A) includes developmentally appropriate, contextually 
     explicit, and systematic instruction, and frequent practice, 
     in reading and writing across content areas;
       ``(B) includes age-appropriate, explicit, systematic, and 
     intentional instruction in phonological awareness, phonic 
     decoding, vocabulary, language structure, reading fluency, 
     and reading comprehension;
       ``(C) includes age-appropriate, explicit instruction in 
     writing, including opportunities for children to write with 
     clear purposes, with critical reasoning appropriate to the 
     topic and purpose, and with specific instruction and feedback 
     from instructional staff;
       ``(D) makes available and uses diverse, high-quality print 
     materials that reflect the reading and development levels, 
     and interests, of children;
       ``(E) uses differentiated instructional approaches, 
     including individual and small group instruction and 
     discussion;
       ``(F) provides opportunities for children to use language 
     with peers and adults in order to develop language skills, 
     including developing vocabulary;
       ``(G) includes frequent practice of reading and writing 
     strategies;
       ``(H) uses age-appropriate, valid, and reliable screening 
     assessments, diagnostic assessments, formative assessment 
     processes, and summative assessments to identify a child's 
     learning needs, to inform instruction, and to monitor the 
     child's progress and the effects of instruction;
       ``(I) uses strategies to enhance children's motivation to 
     read and write and children's engagement in self-directed 
     learning;
       ``(J) incorporates the principles of universal design for 
     learning;
       ``(K) depends on teachers' collaboration in planning, 
     instruction, and assessing a child's progress and on 
     continuous professional learning; and
       ``(L) links literacy instruction to the challenging State 
     academic standards, including the ability to navigate, 
     understand, and write about, complex print and digital 
     subject matter.
       ``(2) Eligible entity.--The term `eligible entity' means an 
     entity that consists of--

[[Page H8479]]

       ``(A) one or more local educational agencies that serve a 
     high percentage of high-need schools and--
       ``(i) have the highest number or proportion of children who 
     are counted under section 1124(c), in comparison to other 
     local educational agencies in the State;
       ``(ii) are among the local educational agencies in the 
     State with the highest number or percentages of children 
     reading or writing below grade level, based on the most 
     currently available State academic assessment data under 
     section 1111(b)(2); or
       ``(iii) serve a significant number or percentage of schools 
     that are implementing comprehensive support and improvement 
     activities and targeted support and improvement activities 
     under section 1111(d);
       ``(B) one or more early childhood education programs 
     serving low-income or otherwise disadvantaged children, which 
     may include home-based literacy programs for preschool-aged 
     children, that have a demonstrated record of providing 
     comprehensive literacy instruction for the age group such 
     program proposes to serve; or
       ``(C) a local educational agency, described in subparagraph 
     (A), or consortium of such local educational agencies, or an 
     early childhood education program, which may include home-
     based literacy programs for preschool-aged children, acting 
     in partnership with 1 or more public or private nonprofit 
     organizations or agencies (which may include early childhood 
     education programs) that have a demonstrated record of 
     effectiveness in--
       ``(i) improving literacy achievement of children, 
     consistent with the purposes of participation under this 
     subpart, from birth through grade 12; and
       ``(ii) providing professional development in comprehensive 
     literacy instruction.
       ``(3) High-need school.--
       ``(A) In general.--The term `high-need school' means--
       ``(i) an elementary school or middle school in which not 
     less than 50 percent of the enrolled students are children 
     from low-income families; or
       ``(ii) a high school in which not less than 40 percent of 
     the enrolled students are children from low-income families, 
     which may be calculated using comparable data from the 
     schools that feed into the high school.
       ``(B) Low-income family.--For purposes of subparagraph (A), 
     the term `low-income family' means a family--
       ``(i) in which the children are eligible for a free or 
     reduced-price lunch under the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1751 et seq.);
       ``(ii) receiving assistance under the program of block 
     grants to States for temporary assistance for needy families 
     established under part A of title IV of the Social Security 
     Act (42 U.S.C. 601 et seq.); or
       ``(iii) in which the children are eligible to receive 
     medical assistance under the Medicaid program under title XIX 
     of the Social Security Act (42 U.S.C. 1396 et seq.).

     ``SEC. 2222. COMPREHENSIVE LITERACY STATE DEVELOPMENT GRANTS.

       ``(a) Grants Authorized.--From the amounts reserved by the 
     Secretary under section 2201(2) and not reserved under 
     subsection (b), the Secretary shall award grants, on a 
     competitive basis, to State educational agencies to enable 
     the State educational agencies to--
       ``(1) provide subgrants to eligible entities serving a 
     diversity of geographic areas, giving priority to entities 
     serving greater numbers or percentages of children from low-
     income families; and
       ``(2) develop or enhance comprehensive literacy instruction 
     plans that ensure high-quality instruction and effective 
     strategies in reading and writing for children from early 
     childhood education through grade 12, including English 
     learners and children with disabilities.
       ``(b) Reservation.--From the amounts reserved to carry out 
     this subpart for a fiscal year, the Secretary shall reserve--
       ``(1) not more than a total of 5 percent for national 
     activities, including a national evaluation, technical 
     assistance and training, data collection, and reporting;
       ``(2) one half of 1 percent for the Secretary of the 
     Interior to carry out a program described in this subpart at 
     schools operated or funded by the Bureau of Indian Education; 
     and
       ``(3) one half of 1 percent for the outlying areas to carry 
     out a program under this subpart.
       ``(c) Duration of Grants.--A grant awarded under this 
     subpart shall be for a period of not more than 5 years total. 
     Such grant may be renewed for an additional 2-year period 
     upon the termination of the initial period of the grant if 
     the grant recipient demonstrates to the satisfaction of the 
     Secretary that--
       ``(1) the State has made adequate progress; and
       ``(2) renewing the grant for an additional 2-year period is 
     necessary to carry out the objectives of the grant described 
     in subsection (d).
       ``(d) State Applications.--
       ``(1) In general.--A State educational agency desiring a 
     grant under this subpart shall submit an application to the 
     Secretary, at such time and in such manner as the Secretary 
     may require. The State educational agency shall collaborate 
     with the State agency responsible for administering early 
     childhood education programs and the State agency responsible 
     for administering child care programs in the State in writing 
     and implementing the early childhood education portion of the 
     grant application under this subsection.
       ``(2) Contents.--An application described in paragraph (1) 
     shall include, at a minimum, the following:
       ``(A) A needs assessment that analyzes literacy needs 
     across the State and in high-need schools and local 
     educational agencies that serve high-need schools, including 
     identifying the most significant gaps in literacy proficiency 
     and inequities in student access to effective teachers of 
     literacy, considering each of the subgroups of students, as 
     defined in section 1111(c)(2).
       ``(B) A description of how the State educational agency, in 
     collaboration with the State literacy team, if applicable, 
     will develop a State comprehensive literacy instruction plan 
     or will revise and update an already existing State 
     comprehensive literacy instruction plan.
       ``(C) An implementation plan that includes a description of 
     how the State educational agency will carry out the State 
     activities described in subsection (f).
       ``(D) An assurance that the State educational agency will 
     use implementation grant funds described in subsection (f)(1) 
     for comprehensive literacy instruction programs as follows:
       ``(i) Not less than 15 percent of such grant funds shall be 
     used for State and local programs and activities pertaining 
     to children from birth through kindergarten entry.
       ``(ii) Not less than 40 percent of such grant funds shall 
     be used for State and local programs and activities, 
     allocated equitably among the grades of kindergarten through 
     grade 5.
       ``(iii) Not less than 40 percent of such grant funds shall 
     be used for State and local programs and activities, 
     allocated equitably among grades 6 through 12.
       ``(E) An assurance that the State educational agency will 
     give priority in awarding a subgrant under section 2223 to an 
     eligible entity that--
       ``(i) serves children from birth through age 5 who are from 
     families with income levels at or below 200 percent of the 
     Federal poverty line; or
       ``(ii) is a local educational agency serving a high number 
     or percentage of high-need schools.
       ``(e) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to State educational agencies 
     that will use the grant funds for evidence-based activities, 
     defined for the purpose of this subsection as activities 
     meeting the requirements of section 8101(21)(A)(i).
       ``(f) State Activities.--
       ``(1) In general.--A State educational agency receiving a 
     grant under this section shall use not less than 95 percent 
     of such grant funds to award subgrants to eligible entities, 
     based on their needs assessment and a competitive application 
     process.
       ``(2) Reservation.--A State educational agency receiving a 
     grant under this section may reserve not more than 5 percent 
     for activities identified through the needs assessment and 
     comprehensive literacy plan described in subparagraphs (A) 
     and (B) of subsection (d)(2), including the following 
     activities:
       ``(A) Providing technical assistance, or engaging qualified 
     providers to provide technical assistance, to eligible 
     entities to enable the eligible entities to design and 
     implement literacy programs.
       ``(B) Coordinating with institutions of higher education in 
     the State to provide recommendations to strengthen and 
     enhance pre-service courses for students preparing to teach 
     children from birth through grade 12 in explicit, systematic, 
     and intensive instruction in evidence-based literacy methods.
       ``(C) Reviewing and updating, in collaboration with 
     teachers and institutions of higher education, State 
     licensure or certification standards in the area of literacy 
     instruction in early education through grade 12.
       ``(D) Making publicly available, including on the State 
     educational agency's website, information on promising 
     instructional practices to improve child literacy 
     achievement.
       ``(E) Administering and monitoring the implementation of 
     subgrants by eligible entities.
       ``(3) Additional uses.--After carrying out the activities 
     described in paragraphs (1) and (2), a State educational 
     agency may use any remaining amount to carry out 1 or more of 
     the following activities:
       ``(A) Developing literacy coach training programs and 
     training literacy coaches.
       ``(B) Administration and evaluation of activities carried 
     out under this subpart.

     ``SEC. 2223. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF 
                   BIRTH THROUGH KINDERGARTEN ENTRY LITERACY.

       ``(a) Subgrants.--
       ``(1) In general.--A State educational agency receiving a 
     grant under this subpart shall, in consultation with the 
     State agencies responsible for administering early childhood 
     education programs and services, including the State agency 
     responsible for administering child care programs, and, if 
     applicable, the State Advisory Council on Early Childhood 
     Education and Care designated or established pursuant to 
     section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 
     9837b(b)(1)(A)(i)), use a portion of the grant funds, in 
     accordance with section 2222(d)(2)(D)(i), to award subgrants, 
     on a competitive basis, to eligible entities to enable the 
     eligible entities to support high-quality early literacy 
     initiatives for children from birth through kindergarten 
     entry.
       ``(2) Duration.--The term of a subgrant under this section 
     shall be determined by the State educational agency awarding 
     the subgrant and shall in no case exceed 5 years.
       ``(3) Sufficient size and scope.--Each subgrant awarded 
     under this section shall be of sufficient size and scope to 
     allow the eligible entity to carry out high-quality early 
     literacy initiatives for children from birth through 
     kindergarten entry.
       ``(b) Local Applications.--An eligible entity desiring to 
     receive a subgrant under this section shall submit an 
     application to the State educational agency, at such time, in 
     such manner, and containing such information as the State 
     educational agency may require. Such application shall 
     include a description of--
       ``(1) how the subgrant funds will be used to enhance the 
     language and literacy development

[[Page H8480]]

     and school readiness of children, from birth through 
     kindergarten entry, in early childhood education programs, 
     which shall include an analysis of data that support the 
     proposed use of subgrant funds;
       ``(2) how the subgrant funds will be used to prepare and 
     provide ongoing assistance to staff in the programs, 
     including through high-quality professional development;
       ``(3) how the activities assisted under the subgrant will 
     be coordinated with comprehensive literacy instruction at the 
     kindergarten through grade 12 levels; and
       ``(4) how the subgrant funds will be used to evaluate the 
     success of the activities assisted under the subgrant in 
     enhancing the early language and literacy development of 
     children from birth through kindergarten entry.
       ``(c) Priority.--In awarding grants under this section, the 
     State educational agency shall give priority to an eligible 
     entity that will use the grant funds to implement evidence-
     based activities, defined for the purpose of this subsection 
     as activities meeting the requirements of section 
     8101(21)(A)(i).
       ``(d) Local Uses of Funds.--An eligible entity that 
     receives a subgrant under this section shall use the subgrant 
     funds, consistent with the entity's approved application 
     under subsection (b), to--
       ``(1) carry out high-quality professional development 
     opportunities for early childhood educators, teachers, 
     principals, other school leaders, paraprofessionals, 
     specialized instructional support personnel, and 
     instructional leaders;
       ``(2) train providers and personnel to develop and 
     administer evidence-based early childhood education literacy 
     initiatives; and
       ``(3) coordinate the involvement of families, early 
     childhood education program staff, principals, other school 
     leaders, specialized instructional support personnel (as 
     appropriate), and teachers in literacy development of 
     children served under the subgrant.

     ``SEC. 2224. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF 
                   KINDERGARTEN THROUGH GRADE 12 LITERACY.

       ``(a) Subgrants to Eligible Entities.--
       ``(1) Subgrants.--A State educational agency receiving a 
     grant under this subpart shall use a portion of the grant 
     funds, in accordance with clauses (ii) and (iii) of section 
     2222(d)(2)(D), to award subgrants, on a competitive basis, to 
     eligible entities to enable the eligible entities to carry 
     out the authorized activities described in subsections (c) 
     and (d).
       ``(2) Duration.--The term of a subgrant under this section 
     shall be determined by the State educational agency awarding 
     the subgrant and shall in no case exceed 5 years.
       ``(3) Sufficient size and scope.--A State educational 
     agency shall award subgrants under this section of sufficient 
     size and scope to allow the eligible entities to carry out 
     high-quality comprehensive literacy instruction in each grade 
     level for which the subgrant funds are provided.
       ``(4) Local applications.--An eligible entity desiring to 
     receive a subgrant under this section shall submit an 
     application to the State educational agency at such time, in 
     such manner, and containing such information as the State 
     educational agency may require. Such application shall 
     include, for each school that the eligible entity identifies 
     as participating in a subgrant program under this section, 
     the following information:
       ``(A) A description of the eligible entity's needs 
     assessment conducted to identify how subgrant funds will be 
     used to inform and improve comprehensive literacy instruction 
     at the school.
       ``(B) How the school, the local educational agency, or a 
     provider of high-quality professional development will 
     provide ongoing high-quality professional development to all 
     teachers, principals, other school leaders, specialized 
     instructional support personnel (as appropriate), and other 
     instructional leaders served by the school.
       ``(C) How the school will identify children in need of 
     literacy interventions or other support services.
       ``(D) An explanation of how the school will integrate 
     comprehensive literacy instruction into a well-rounded 
     education.
       ``(E) A description of how the school will coordinate 
     comprehensive literacy instruction with early childhood 
     education programs and activities and after-school programs 
     and activities in the area served by the local educational 
     agency.
       ``(b) Priority.--In awarding grants under this section, the 
     State educational agency shall give priority to an eligible 
     entity that will use funds under subsection (c) or (d) to 
     implement evidence-based activities, defined for the purpose 
     of this subsection as activities meeting the requirements of 
     section 8101(21)(A)(i).
       ``(c) Local Uses of Funds for Kindergarten Through Grade 
     5.--An eligible entity that receives a subgrant under this 
     section shall use the subgrant funds to carry out the 
     following activities pertaining to children in kindergarten 
     through grade 5:
       ``(1) Developing and implementing a comprehensive literacy 
     instruction plan across content areas for such children 
     that--
       ``(A) serves the needs of all children, including children 
     with disabilities and English learners, especially children 
     who are reading or writing below grade level;
       ``(B) provides intensive, supplemental, accelerated, and 
     explicit intervention and support in reading and writing for 
     children whose literacy skills are below grade level; and
       ``(C) supports activities that are provided primarily 
     during the regular school day but that may be augmented by 
     after-school and out-of-school time instruction.
       ``(2) Providing high-quality professional development 
     opportunities for teachers, literacy coaches, literacy 
     specialists, English as a second language specialists (as 
     appropriate), principals, other school leaders, specialized 
     instructional support personnel, school librarians, 
     paraprofessionals, and other program staff.
       ``(3) Training principals, specialized instructional 
     support personnel, and other local educational agency 
     personnel to support, develop, administer, and evaluate high-
     quality kindergarten through grade 5 literacy initiatives.
       ``(4) Coordinating the involvement of early childhood 
     education program staff, principals, other instructional 
     leaders, teachers, teacher literacy teams, English as a 
     second language specialists (as appropriate), special 
     educators, school personnel, and specialized instructional 
     support personnel (as appropriate) in the literacy 
     development of children served under this subsection.
       ``(5) Engaging families and encouraging family literacy 
     experiences and practices to support literacy development.
       ``(d) Local Uses of Funds for Grades 6 Through 12.--An 
     eligible entity that receives a subgrant under this section 
     shall use subgrant funds to carry out the following 
     activities pertaining to children in grades 6 through 12:
       ``(1) Developing and implementing a comprehensive literacy 
     instruction plan described in subsection (c)(1) for children 
     in grades 6 through 12.
       ``(2) Training principals, specialized instructional 
     support personnel, school librarians, and other local 
     educational agency personnel to support, develop, administer, 
     and evaluate high-quality comprehensive literacy instruction 
     initiatives for grades 6 through 12.
       ``(3) Assessing the quality of adolescent comprehensive 
     literacy instruction as part of a well-rounded education.
       ``(4) Providing time for teachers to meet to plan evidence-
     based adolescent comprehensive literacy instruction to be 
     delivered as part of a well-rounded education.
       ``(5) Coordinating the involvement of principals, other 
     instructional leaders, teachers, teacher literacy teams, 
     English as a second language specialists (as appropriate), 
     paraprofessionals, special educators, specialized 
     instructional support personnel (as appropriate), and school 
     personnel in the literacy development of children served 
     under this subsection.
       ``(e) Allowable Uses.--An eligible entity that receives a 
     subgrant under this section may, in addition to carrying out 
     the activities described in subsections (c) and (d), use 
     subgrant funds to carry out the following activities 
     pertaining to children in kindergarten through grade 12:
       ``(1) Recruiting, placing, training, and compensating 
     literacy coaches.
       ``(2) Connecting out-of-school learning opportunities to 
     in-school learning in order to improve children's literacy 
     achievement.
       ``(3) Training families and caregivers to support the 
     improvement of adolescent literacy.
       ``(4) Providing for a multi-tier system of supports for 
     literacy services.
       ``(5) Forming a school literacy leadership team to help 
     implement, assess, and identify necessary changes to the 
     literacy initiatives in 1 or more schools to ensure success.
       ``(6) Providing time for teachers (and other literacy 
     staff, as appropriate, such as school librarians or 
     specialized instructional support personnel) to meet to plan 
     comprehensive literacy instruction.

     ``SEC. 2225. NATIONAL EVALUATION AND INFORMATION 
                   DISSEMINATION.

       ``(a) National Evaluation.--From funds reserved under 
     section 2222(b)(1), the Director of the Institute of 
     Education Sciences shall conduct a national evaluation of the 
     grant and subgrant programs assisted under this subpart. Such 
     evaluation shall include high-quality research that applies 
     rigorous and systematic procedures to obtain valid knowledge 
     relevant to the implementation and effect of the programs and 
     shall directly coordinate with individual State evaluations 
     of the programs' implementation and impact.
       ``(b) Program Improvement.--The Secretary shall--
       ``(1) provide the findings of the evaluation conducted 
     under this section to State educational agencies and subgrant 
     recipients for use in program improvement;
       ``(2) make such findings publicly available, including on 
     the websites of the Department and the Institute of Education 
     Sciences;
       ``(3) submit such findings to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives; and
       ``(4) make publicly available, in a manner consistent with 
     paragraph (2), best practices for implementing evidence-based 
     activities under this subpart, including evidence-based 
     activities, defined for the purpose of this paragraph as 
     activities meeting the requirements of section 
     8101(21)(A)(i).

     ``SEC. 2226. INNOVATIVE APPROACHES TO LITERACY.

       ``(a) In General.--From amounts reserved under section 
     2201(2), the Secretary may award grants, contracts, or 
     cooperative agreements, on a competitive basis, to eligible 
     entities for the purposes of promoting literacy programs that 
     support the development of literacy skills in low-income 
     communities, including--
       ``(1) developing and enhancing effective school library 
     programs, which may include providing professional 
     development for school librarians, books, and up-to-date 
     materials to high-need schools;
       ``(2) early literacy services, including pediatric literacy 
     programs through which, during well-child visits, medical 
     providers trained in research-based methods of early language 
     and literacy promotion provide developmentally appropriate 
     books and recommendations to parents to encourage them to 
     read aloud to their children starting in infancy; and

[[Page H8481]]

       ``(3) programs that provide high-quality books on a regular 
     basis to children and adolescents from low-income communities 
     to increase reading motivation, performance, and frequency.
       ``(b) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a local educational agency in which 20 percent or 
     more of the students served by the local educational agency 
     are from families with an income below the poverty line;
       ``(B) a consortium of such local educational agencies;
       ``(C) the Bureau of Indian Education; or
       ``(D) an eligible national nonprofit organization.
       ``(2) Eligible national nonprofit organization.--The term 
     `eligible national nonprofit organization' means an 
     organization of national scope that--
       ``(A) is supported by staff, which may include volunteers, 
     or affiliates at the State and local levels; and
       ``(B) demonstrates effectiveness or high-quality plans for 
     addressing childhood literacy activities for the population 
     targeted by the grant.

           ``Subpart 3--American History and Civics Education

     ``SEC. 2231. PROGRAM AUTHORIZED.

       ``(a) In General.--From the amount reserved by the 
     Secretary under section 2201(3), the Secretary is authorized 
     to carry out an American history and civics education program 
     to improve--
       ``(1) the quality of American history, civics, and 
     government education by educating students about the history 
     and principles of the Constitution of the United States, 
     including the Bill of Rights; and
       ``(2) the quality of the teaching of American history, 
     civics, and government in elementary schools and secondary 
     schools, including the teaching of traditional American 
     history.
       ``(b) Funding Allotment.--Of the amount available under 
     subsection (a) for a fiscal year, the Secretary--
       ``(1) shall reserve not less than 26 percent for activities 
     under section 2232; and
       ``(2) may reserve not more than 74 percent for activities 
     under section 2233.

     ``SEC. 2232. PRESIDENTIAL AND CONGRESSIONAL ACADEMIES FOR 
                   AMERICAN HISTORY AND CIVICS.

       ``(a) In General.--From the amounts reserved under section 
     2231(b)(1) for a fiscal year, the Secretary shall award not 
     more than 12 grants, on a competitive basis, to--
       ``(1) eligible entities to establish Presidential Academies 
     for the Teaching of American History and Civics (in this 
     section referred to as the `Presidential Academies') in 
     accordance with subsection (e); and
       ``(2) eligible entities to establish Congressional 
     Academies for Students of American History and Civics (in 
     this section referred to as the `Congressional Academies') in 
     accordance with subsection (f).
       ``(b) Application.--An eligible entity that desires to 
     receive a grant under subsection (a) shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary may reasonably require.
       ``(c) Eligible Entity.--The term `eligible entity' under 
     this section means--
       ``(1) an institution of higher education or nonprofit 
     educational organization, museum, library, or research center 
     with demonstrated expertise in historical methodology or the 
     teaching of American history and civics; or
       ``(2) a consortium of entities described in paragraph (1).
       ``(d) Grant Terms.--Grants awarded to eligible entities 
     under subsection (a) shall be for a term of not more than 5 
     years.
       ``(e) Presidential Academies.--
       ``(1) Use of funds.--Each eligible entity that receives a 
     grant under subsection (a)(1) shall use the grant funds to 
     establish a Presidential Academy that offers a seminar or 
     institute for teachers of American history and civics, 
     which--
       ``(A) provides intensive professional development 
     opportunities for teachers of American history and civics to 
     strengthen such teachers' knowledge of the subjects of 
     American history and civics;
       ``(B) is led by a team of primary scholars and core 
     teachers who are accomplished in the field of American 
     history and civics;
       ``(C) is conducted during the summer or other appropriate 
     time; and
       ``(D) is of not less than 2 weeks and not more than 6 weeks 
     in duration.
       ``(2) Selection of teachers.--Each year, each Presidential 
     Academy shall select between 50 and 300 teachers of American 
     history and civics from public or private elementary schools 
     and secondary schools to attend the seminar or institute 
     under paragraph (1).
       ``(3) Teacher stipends.--Each teacher selected to 
     participate in a seminar or institute under this subsection 
     shall be awarded a fixed stipend based on the length of the 
     seminar or institute to ensure that such teacher does not 
     incur personal costs associated with the teacher's 
     participation in the seminar or institute.
       ``(4) Priority.--In awarding grants under subsection 
     (a)(1), the Secretary shall give priority to eligible 
     entities that coordinate or align their activities with the 
     National Park Service National Centennial Parks initiative to 
     develop innovative and comprehensive programs using the 
     resources of the National Parks.
       ``(f) Congressional Academies.--
       ``(1) Use of funds.--Each eligible entity that receives a 
     grant under subsection (a)(2) shall use the grant funds to 
     establish a Congressional Academy that offers a seminar or 
     institute for outstanding students of American history and 
     civics, which--
       ``(A) broadens and deepens such students' understanding of 
     American history and civics;
       ``(B) is led by a team of primary scholars and core 
     teachers who are accomplished in the field of American 
     history and civics;
       ``(C) is conducted during the summer or other appropriate 
     time; and
       ``(D) is of not less than 2 weeks and not more than 6 weeks 
     in duration.
       ``(2) Selection of students.--
       ``(A) In general.--Each year, each Congressional Academy 
     shall select between 100 and 300 eligible students to attend 
     the seminar or institute under paragraph (1).
       ``(B) Eligible students.--A student shall be eligible to 
     attend a seminar or institute offered by a Congressional 
     Academy under this subsection if the student--
       ``(i) is recommended by the student's secondary school 
     principal or other school leader to attend the seminar or 
     institute; and
       ``(ii) will be a secondary school junior or senior in the 
     academic year following attendance at the seminar or 
     institute.
       ``(3) Student stipends.--Each student selected to 
     participate in a seminar or institute under this subsection 
     shall be awarded a fixed stipend based on the length of the 
     seminar or institute to ensure that such student does not 
     incur personal costs associated with the student's 
     participation in the seminar or institute.
       ``(g) Matching Funds.--
       ``(1) In general.--An eligible entity that receives funds 
     under subsection (a) shall provide, toward the cost of the 
     activities assisted under the grant, from non-Federal 
     sources, an amount equal to 100 percent of the amount of the 
     grant.
       ``(2) Waiver.--The Secretary may waive all or part of the 
     matching requirement described in paragraph (1) for any 
     fiscal year for an eligible entity if the Secretary 
     determines that applying the matching requirement would 
     result in serious hardship or an inability to carry out the 
     activities described in subsection (e) or (f).

     ``SEC. 2233. NATIONAL ACTIVITIES.

       ``(a) Purpose.--The purpose of this section is to promote 
     new and existing evidence-based strategies to encourage 
     innovative American history, civics and government, and 
     geography instruction, learning strategies, and professional 
     development activities and programs for teachers, principals, 
     or other school leaders, particularly such instruction, 
     strategies, activities, and programs that benefit low-income 
     students and underserved populations.
       ``(b) In General.--From the amounts reserved by the 
     Secretary under section 2231(b)(2), the Secretary shall award 
     grants, on a competitive basis, to eligible entities for the 
     purposes of expanding, developing, implementing, evaluating, 
     and disseminating for voluntary use, innovative, evidence-
     based approaches or professional development programs in 
     American history, civics and government, and geography, 
     which--
       ``(1) shall--
       ``(A) show potential to improve the quality of student 
     achievement in, and teaching of, American history, civics and 
     government, or geography, in elementary schools and secondary 
     schools; and
       ``(B) demonstrate innovation, scalability, accountability, 
     and a focus on underserved populations; and
       ``(2) may include--
       ``(A) hands-on civic engagement activities for teachers and 
     students; and
       ``(B) programs that educate students about the history and 
     principles of the Constitution of the United States, 
     including the Bill of Rights.
       ``(c) Program Periods and Diversity of Projects.--
       ``(1) In general.--A grant awarded by the Secretary to an 
     eligible entity under this section shall be for a period of 
     not more than 3 years.
       ``(2) Renewal.--The Secretary may renew a grant awarded 
     under this section for 1 additional 2-year period.
       ``(3) Diversity of projects.--In awarding grants under this 
     section, the Secretary shall ensure that, to the extent 
     practicable, grants are distributed among eligible entities 
     that will serve geographically diverse areas, including 
     urban, suburban, and rural areas.
       ``(d) Applications.--In order to receive a grant under this 
     section, an eligible entity shall submit an application to 
     the Secretary at such time and in such manner as the 
     Secretary may reasonably require.
       ``(e) Eligible Entity.--In this section, the term `eligible 
     entity' means an institution of higher education or other 
     nonprofit or for-profit organization with demonstrated 
     expertise in the development of evidence-based approaches 
     with the potential to improve the quality of American 
     history, civics and government, or geography learning and 
     teaching.

             ``Subpart 4--Programs of National Significance

     ``SEC. 2241. FUNDING ALLOTMENT.

       ``From the funds reserved under section 2201(4), the 
     Secretary--
       ``(1) shall use not less than 74 percent to carry out 
     activities under section 2242;
       ``(2) shall use not less than 22 percent to carry out 
     activities under section 2243;
       ``(3) shall use not less than 2 percent to carry out 
     activities under section 2244; and
       ``(4) may reserve not more than 2 percent to carry out 
     activities under section 2245.

     ``SEC. 2242. SUPPORTING EFFECTIVE EDUCATOR DEVELOPMENT.

       ``(a) In General.--From the funds reserved by the Secretary 
     under section 2241(1) for a fiscal year, the Secretary shall 
     award grants, on a competitive basis, to eligible entities 
     for the purposes of--
       ``(1) providing teachers, principals, or other school 
     leaders from nontraditional preparation and certification 
     routes or pathways to serve in traditionally underserved 
     local educational agencies;
       ``(2) providing evidence-based professional development 
     activities that address literacy, numeracy, remedial, or 
     other needs of local educational agencies and the students 
     the agencies serve;

[[Page H8482]]

       ``(3) providing teachers, principals, or other school 
     leaders with professional development activities that enhance 
     or enable the provision of postsecondary coursework through 
     dual or concurrent enrollment programs and early college high 
     school settings across a local educational agency;
       ``(4) making freely available services and learning 
     opportunities to local educational agencies, through 
     partnerships and cooperative agreements or by making the 
     services or opportunities publicly accessible through 
     electronic means; or
       ``(5) providing teachers, principals, or other school 
     leaders with evidence-based professional enhancement 
     activities, which may include activities that lead to an 
     advanced credential.
       ``(b) Program Periods and Diversity of Projects.--
       ``(1) In general.--A grant awarded by the Secretary to an 
     eligible entity under this section shall be for a period of 
     not more than 3 years.
       ``(2) Renewal.--The Secretary may renew a grant awarded 
     under this section for 1 additional 2-year period.
       ``(3) Diversity of projects.--In awarding grants under this 
     section, the Secretary shall ensure that, to the extent 
     practicable, grants are distributed among eligible entities 
     that will serve geographically diverse areas, including 
     urban, suburban, and rural areas.
       ``(4) Limitation.--The Secretary shall not award more than 
     1 grant under this section to an eligible entity during a 
     grant competition.
       ``(c) Cost-sharing.--
       ``(1) In general.--An eligible entity that receives a grant 
     under this section shall provide, from non-Federal sources, 
     not less than 25 percent of the funds for the total cost for 
     each year of activities carried out under this section.
       ``(2) Acceptable contributions.--An eligible entity that 
     receives a grant under this section may meet the requirement 
     of paragraph (1) by providing contributions in cash or in 
     kind, fairly evaluated, including plant, equipment, and 
     services.
       ``(3) Waivers.--The Secretary may waive or modify the 
     requirement of paragraph (1) in cases of demonstrated 
     financial hardship.
       ``(d) Applications.--In order to receive a grant under this 
     section, an eligible entity shall submit an application to 
     the Secretary at such time and in such manner as the 
     Secretary may reasonably require. Such application shall 
     include, at a minimum, a certification that the services 
     provided by an eligible entity under the grant to a local 
     educational agency or to a school served by the local 
     educational agency will not result in direct fees for 
     participating students or parents.
       ``(e) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to an eligible entity that will 
     implement evidence-based activities, defined for the purpose 
     of this subsection as activities meeting the requirements of 
     section 8101(21)(A)(i).
       ``(f) Definition of Eligible Entity.--In this section, the 
     term `eligible entity' means--
       ``(1) an institution of higher education that provides 
     course materials or resources that are evidence-based in 
     increasing academic achievement, graduation rates, or rates 
     of postsecondary education matriculation;
       ``(2) a national nonprofit entity with a demonstrated 
     record of raising student academic achievement, graduation 
     rates, and rates of higher education attendance, 
     matriculation, or completion, or of effectiveness in 
     providing preparation and professional development activities 
     and programs for teachers, principals, or other school 
     leaders;
       ``(3) the Bureau of Indian Education; or
       ``(4) a partnership consisting of--
       ``(A) 1 or more entities described in paragraph (1) or (2); 
     and
       ``(B) a for-profit entity.

     ``SEC. 2243. SCHOOL LEADER RECRUITMENT AND SUPPORT.

       ``(a) In General.--From the funds reserved under section 
     2241(2) for a fiscal year, the Secretary shall award grants, 
     on a competitive basis, to eligible entities to enable such 
     entities to improve the recruitment, preparation, placement, 
     support, and retention of effective principals or other 
     school leaders in high-need schools, which may include--
       ``(1) developing or implementing leadership training 
     programs designed to prepare and support principals or other 
     school leaders in high-need schools, including through new or 
     alternative pathways or school leader residency programs;
       ``(2) developing or implementing programs or activities for 
     recruiting, selecting, and developing aspiring or current 
     principals or other school leaders to serve in high-need 
     schools;
       ``(3) developing or implementing programs for recruiting, 
     developing, and placing school leaders to improve schools 
     implementing comprehensive support and improvement activities 
     and targeted support and improvement activities under section 
     1111(d), including through cohort-based activities that build 
     effective instructional and school leadership teams and 
     develop a school culture, design, instructional program, and 
     professional development program focused on improving student 
     learning;
       ``(4) providing continuous professional development for 
     principals or other school leaders in high-need schools;
       ``(5) developing and disseminating information on best 
     practices and strategies for effective school leadership in 
     high-need schools, such as training and supporting principals 
     to identify, develop, and maintain school leadership teams 
     using various leadership models; and
       ``(6) other evidence-based programs or activities described 
     in section 2101(c)(4) or section 2103(b)(3) focused on 
     principals or other school leaders in high-need schools.
       ``(b) Program Periods and Diversity of Projects.--
       ``(1) In general.--A grant awarded by the Secretary to an 
     eligible entity under this section shall be for a period of 
     not more than 5 years.
       ``(2) Renewal.--The Secretary may renew a grant awarded 
     under this section for 1 additional 2-year period.
       ``(3) Diversity of projects.--In awarding grants under this 
     section, the Secretary shall ensure that, to the extent 
     practicable, grants are distributed among eligible entities 
     that will serve geographically diverse areas, including 
     urban, suburban, and rural areas.
       ``(4) Limitation.--The Secretary shall not award more than 
     1 grant under this section to an eligible entity during a 
     grant competition.
       ``(c) Cost-sharing.--
       ``(1) In general.--An eligible entity that receives a grant 
     under this section shall provide, from non-Federal sources, 
     not less than 25 percent of the funds for the total cost for 
     each year of activities carried out under this section.
       ``(2) Acceptable contributions.--An eligible entity that 
     receives a grant under this section may meet the requirement 
     of paragraph (1) by providing contributions in cash or in 
     kind, fairly evaluated, including plant, equipment, and 
     services.
       ``(3) Waivers.--The Secretary may waive or modify the 
     requirement of paragraph (1) in cases of demonstrated 
     financial hardship.
       ``(d) Applications.--An eligible entity that desires a 
     grant under this section shall submit to the Secretary an 
     application at such time, and in such manner, as the 
     Secretary may require.
       ``(e) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to an eligible entity--
       ``(1) with a record of preparing or developing principals 
     who--
       ``(A) have improved school-level student outcomes;
       ``(B) have become principals in high-need schools; and
       ``(C) remain principals in high-need schools for multiple 
     years; and
       ``(2) who will implement evidence-based activities, defined 
     for the purpose of this paragraph as activities meeting the 
     requirements of section 8101(21)(A)(i).
       ``(f) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a local educational agency, including an educational 
     service agency, that serves a high-need school or a 
     consortium of such agencies;
       ``(B) a State educational agency or a consortium of such 
     agencies;
       ``(C) a State educational agency in partnership with 1 or 
     more local educational agencies, or educational service 
     agencies, that serve a high-need school;
       ``(D) the Bureau of Indian Education; or
       ``(E) an entity described in subparagraph (A), (B), (C), or 
     (D) in partnership with 1 or more nonprofit organizations or 
     institutions of higher education.
       ``(2) High-need school.--The term `high-need school' 
     means--
       ``(A) an elementary school in which not less than 50 
     percent of the enrolled students are from families with 
     incomes below the poverty line; or
       ``(B) a secondary school in which not less than 40 percent 
     of the enrolled students are from families with incomes below 
     the poverty line.

     ``SEC. 2244. TECHNICAL ASSISTANCE AND NATIONAL EVALUATION.

       ``(a) In General.--From the funds reserved under section 
     2241(3) for a fiscal year, the Secretary--
       ``(1) shall establish, in a manner consistent with section 
     203 of the Educational Technical Assistance Act of 2002 (20 
     U.S.C. 9602), a comprehensive center on students at risk of 
     not attaining full literacy skills due to a disability that 
     meets the purposes of subsection (b); and
       ``(2) may--
       ``(A) provide technical assistance, which may be carried 
     out directly or through grants or contracts, to States and 
     local educational agencies carrying out activities under this 
     part; and
       ``(B) carry out evaluations of activities by States and 
     local educational agencies under this part, which shall be 
     conducted by a third party or by the Institute of Education 
     Sciences.
       ``(b) Purposes.--The comprehensive center established by 
     the Secretary under subsection (a)(1) shall--
       ``(1) identify or develop free or low-cost evidence-based 
     assessment tools for identifying students at risk of not 
     attaining full literacy skills due to a disability, including 
     dyslexia impacting reading or writing, or developmental delay 
     impacting reading, writing, language processing, 
     comprehension, or executive functioning;
       ``(2) identify evidence-based literacy instruction, 
     strategies, and accommodations, including assistive 
     technology, designed to meet the specific needs of such 
     students;
       ``(3) provide families of such students with information to 
     assist such students;
       ``(4) identify or develop evidence-based professional 
     development for teachers, paraprofessionals, principals, 
     other school leaders, and specialized instructional support 
     personnel to--
       ``(A) understand early indicators of students at risk of 
     not attaining full literacy skills due to a disability, 
     including dyslexia impacting reading or writing, or 
     developmental delay impacting reading, writing, language 
     processing, comprehension, or executive functioning;
       ``(B) use evidence-based screening assessments for early 
     identification of such students beginning not later than 
     kindergarten; and
       ``(C) implement evidence-based instruction designed to meet 
     the specific needs of such students; and
       ``(5) disseminate the products of the comprehensive center 
     to regionally diverse State educational agencies, local 
     educational agencies, regional educational agencies, and 
     schools, including, as appropriate, through partnerships with 
     other comprehensive centers established under section 203 of 
     the Educational Technical

[[Page H8483]]

     Assistance Act of 2002 (20 U.S.C. 9602), and regional 
     educational laboratories established under section 174 of the 
     Education Sciences Reform Act of 2002 (20 U.S.C. 9564).

     ``SEC. 2245. STEM MASTER TEACHER CORPS.

       ``(a) In General.--From the funds reserved under section 
     2241(4) for a fiscal year, the Secretary may award grants 
     to--
       ``(1) State educational agencies to enable such agencies to 
     support the development of a State-wide STEM master teacher 
     corps; or
       ``(2) State educational agencies, or nonprofit 
     organizations in partnership with State educational agencies, 
     to support the implementation, replication, or expansion of 
     effective science, technology, engineering, and mathematics 
     professional development programs in schools across the State 
     through collaboration with school administrators, principals, 
     and STEM educators.
       ``(b) STEM Master Teacher Corps.--In this section, the term 
     `STEM master teacher corps' means a State-led effort to 
     elevate the status of the science, technology, engineering, 
     and mathematics teaching profession by recognizing, 
     rewarding, attracting, and retaining outstanding science, 
     technology, engineering, and mathematics teachers, 
     particularly in high-need and rural schools, by--
       ``(1) selecting candidates to be master teachers in the 
     corps on the basis of--
       ``(A) content knowledge based on a screening examination; 
     and
       ``(B) pedagogical knowledge of and success in teaching;
       ``(2) offering such teachers opportunities to--
       ``(A) work with one another in scholarly communities; and
       ``(B) participate in and lead high-quality professional 
     development; and
       ``(3) providing such teachers with additional appropriate 
     and substantial compensation for the work described in 
     paragraph (2) and in the master teacher community.

                      ``PART C--GENERAL PROVISIONS

     ``SEC. 2301. SUPPLEMENT, NOT SUPPLANT.

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

     ``SEC. 2302. RULES OF CONSTRUCTION.

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

     SEC. 3001. REDESIGNATION OF CERTAIN PROVISIONS.

       Title III (20 U.S.C. 6801 et seq.) is amended--
       (1) by striking the title heading and inserting ``LANGUAGE 
     INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS'';
       (2) in part A--
       (A) by striking section 3122;
       (B) by redesignating sections 3123 through 3129 as sections 
     3122 through 3128, respectively; and
       (C) by striking subpart 4;
       (3) by striking part B;
       (4) by redesignating part C as part B; and
       (5) in part B, as redesignated by paragraph (4)--
       (A) by redesignating section 3301 as section 3201;
       (B) by striking section 3302; and
       (C) by redesignating sections 3303 and 3304 as sections 
     3202 and 3203, respectively.

     SEC. 3002. AUTHORIZATION OF APPROPRIATIONS.

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

     ``SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title--
       ``(1) $756,332,450 for fiscal year 2017;
       ``(2) $769,568,267 for fiscal year 2018;
       ``(3) $784,959,633 for fiscal year 2019; and
       ``(4) $884,959,633 for fiscal year 2020.''.

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

       (a) Purposes.--Section 3102 (20 U.S.C. 6812) is amended to 
     read as follows:

     ``SEC. 3102. PURPOSES.

       ``The purposes of this part are--
       ``(1) to help ensure that English learners, including 
     immigrant children and youth, attain English proficiency and 
     develop high levels of academic achievement in English;
       ``(2) to assist all English learners, including immigrant 
     children and youth, to achieve at high levels in academic 
     subjects so that all English learners can meet the same 
     challenging State academic standards that all children are 
     expected to meet;
       ``(3) to assist teachers (including preschool teachers), 
     principals and other school leaders, State educational 
     agencies, local educational agencies, and schools in 
     establishing, implementing, and sustaining effective language 
     instruction educational programs designed to assist in 
     teaching English learners, including immigrant children and 
     youth;
       ``(4) to assist teachers (including preschool teachers), 
     principals and other school leaders, State educational 
     agencies, and local educational agencies to develop and 
     enhance their capacity to provide effective instructional 
     programs designed to prepare English learners, including 
     immigrant children and youth, to enter all-English 
     instructional settings; and
       ``(5) to promote parental, family, and community 
     participation in language instruction educational programs 
     for the parents, families, and communities of English 
     learners.''.
       (b) Formula Grants to States.--Section 3111 (20 U.S.C. 
     6821) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2), by striking subparagraphs (A) through 
     (D) and inserting the following:
       ``(A) Establishing and implementing, with timely and 
     meaningful consultation with local educational agencies 
     representing the geographic diversity of the State, 
     standardized statewide entrance and exit procedures, 
     including a requirement that all students who may be English 
     learners are assessed for such status within 30 days of 
     enrollment in a school in the State.
       ``(B) Providing effective teacher and principal 
     preparation, effective professional development activities, 
     and other effective activities related to the education of 
     English learners, which may include assisting teachers, 
     principals, and other educators in--
       ``(i) meeting State and local certification and licensing 
     requirements for teaching English learners; and
       ``(ii) improving teaching skills in meeting the diverse 
     needs of English learners, including how to implement 
     effective programs and curricula on teaching English 
     learners.
       ``(C) Planning, evaluation, administration, and interagency 
     coordination related to the subgrants referred to in 
     paragraph (1).
       ``(D) Providing technical assistance and other forms of 
     assistance to eligible entities that are receiving subgrants 
     from a State educational agency under this subpart, including 
     assistance in--
       ``(i) identifying and implementing effective language 
     instruction educational programs and curricula for teaching 
     English learners;
       ``(ii) helping English learners meet the same challenging 
     State academic standards that all children are expected to 
     meet;
       ``(iii) identifying or developing, and implementing, 
     measures of English proficiency; and
       ``(iv) strengthening and increasing parent, family, and 
     community engagement in programs that serve English learners.
       ``(E) Providing recognition, which may include providing 
     financial awards, to recipients of subgrants under section 
     3115 that have significantly improved the achievement and 
     progress of English learners in meeting--
       ``(i) the State-designed long-term goals established under 
     section 1111(c)(4)(A)(ii), including measurements of interim 
     progress towards meeting such goals, based on the State's 
     English language proficiency assessment under section 
     1111(b)(2)(G); and
       ``(ii) the challenging State academic standards.'';
       (B) in paragraph (3)--
       (i) in the paragraph heading, by striking 
     ``Administrative'' and inserting ``Direct administrative'';
       (ii) by striking ``60 percent'' and inserting ``50 
     percent''; and
       (iii) by inserting ``direct'' before ``administrative 
     costs''; and
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``section 3001(a)'' and inserting ``section 3001'';
       (ii) in subparagraph (B), by inserting ``and'' after the 
     semicolon;
       (iii) by striking subparagraph (C) and inserting the 
     following:
       ``(C) 6.5 percent of such amount for national activities 
     under sections 3131 and 3202, except that not more than 
     $2,000,000 of such amount may be reserved for the National 
     Clearinghouse for English Language Acquisition and Language 
     Instruction Educational Programs described in section 
     3202.''; and
       (iv) by striking subparagraph (D);
       (B) by striking paragraphs (2) and (4);
       (C) by redesignating paragraph (3) as paragraph (2);
       (D) in paragraph (2)(A), as redesignated by subparagraph 
     (C)--
       (i) in the matter preceding clause (i), by striking 
     ``section 3001(a)'' and inserting ``section 3001'';
       (ii) in clause (i), by striking ``limited English 
     proficient'' and all that follows through ``States; and'' and 
     inserting ``English learners in the State bears to the number 
     of English learners in all States, as determined in 
     accordance with paragraph (3)(A); and''; and
       (iii) in clause (ii), by inserting ``, as determined in 
     accordance with paragraph (3)(B)'' before the period at the 
     end; and
       (E) by adding at the end the following:
       ``(3) Use of data for determinations.--In making State 
     allotments under paragraph (2) for each fiscal year, the 
     Secretary shall--
       ``(A) determine the number of English learners in a State 
     and in all States, using the most accurate, up-to-date data, 
     which shall be--
       ``(i) data available from the American Community Survey 
     conducted by the Department of Commerce, which may be 
     multiyear estimates;

[[Page H8484]]

       ``(ii) the number of students being assessed for English 
     language proficiency, based on the State's English language 
     proficiency assessment under section 1111(b)(2)(G), which may 
     be multiyear estimates; or
       ``(iii) a combination of data available under clauses (i) 
     and (ii); and
       ``(B) determine the number of immigrant children and youth 
     in the State and in all States based only on data available 
     from the American Community Survey conducted by the 
     Department of Commerce, which may be multiyear estimates.''.
       (c) Native American and Alaska Native Children in School.--
     Section 3112(a) (20 U.S.C. 6822(a)) is amended by striking 
     ``Bureau of Indian Affairs'' each place the term appears and 
     inserting ``Bureau of Indian Education''.
       (d) State and Specially Qualified Agency Plans.--Section 
     3113 (20 U.S.C. 6823) is amended--
       (1) in subsection (a), by striking ``, in such manner, and 
     containing such information'' and inserting ``and in such 
     manner'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``making'' and inserting 
     ``awarding''; and
       (B) by striking paragraphs (2) through (6) and inserting 
     the following:
       ``(2) describe how the agency will establish and implement, 
     with timely and meaningful consultation with local 
     educational agencies representing the geographic diversity of 
     the State, standardized, statewide entrance and exit 
     procedures, including an assurance that all students who may 
     be English learners are assessed for such status within 30 
     days of enrollment in a school in the State;
       ``(3) provide an assurance that--
       ``(A) the agency will ensure that eligible entities 
     receiving a subgrant under this subpart comply with the 
     requirement in section 1111(b)(2)(B)(ix) regarding assessment 
     of English learners in English;
       ``(B) the agency will ensure that eligible entities 
     receiving a subgrant under this subpart annually assess the 
     English proficiency of all English learners participating in 
     a program funded under this subpart, consistent with section 
     1111(b)(2)(G);
       ``(C) in awarding subgrants under section 3114, the agency 
     will address the needs of school systems of all sizes and in 
     all geographic areas, including school systems with rural and 
     urban schools;
       ``(D) subgrants to eligible entities under section 
     3114(d)(1) will be of sufficient size and scope to allow such 
     entities to carry out effective language instruction 
     educational programs for English learners;
       ``(E) the agency will require an eligible entity receiving 
     a subgrant under this subpart to use the subgrant in ways 
     that will build such recipient's capacity to continue to 
     offer effective language instruction educational programs 
     that assist English learners in meeting challenging State 
     academic standards;
       ``(F) the agency will monitor each eligible entity 
     receiving a subgrant under this subpart for compliance with 
     applicable Federal fiscal requirements; and
       ``(G) the plan has been developed in consultation with 
     local educational agencies, teachers, administrators of 
     programs implemented under this subpart, parents of English 
     learners, and other relevant stakeholders;
       ``(4) describe how the agency will coordinate its programs 
     and activities under this subpart with other programs and 
     activities under this Act and other Acts, as appropriate;
       ``(5) describe how each eligible entity will be given the 
     flexibility to teach English learners--
       ``(A) using a high-quality, effective language instruction 
     curriculum for teaching English learners; and
       ``(B) in the manner the eligible entity determines to be 
     the most effective;
       ``(6) describe how the agency will assist eligible entities 
     in meeting--
       ``(A) the State-designed long-term goals established under 
     section 1111(c)(4)(A)(ii), including measurements of interim 
     progress towards meeting such goals, based on the State's 
     English language proficiency assessment under section 
     1111(b)(2)(G); and
       ``(B) the challenging State academic standards;
       ``(7) describe how the agency will meet the unique needs of 
     children and youth in the State being served through the 
     reservation of funds under section 3114(d); and
       ``(8) describe--
       ``(A) how the agency will monitor the progress of each 
     eligible entity receiving a subgrant under this subpart in 
     helping English learners achieve English proficiency; and
       ``(B) the steps the agency will take to further assist 
     eligible entities if the strategies funded under this subpart 
     are not effective, such as providing technical assistance and 
     modifying such strategies.'';
       (3) in subsection (d)--
       (A) in paragraph (1), by striking ``this part'' each place 
     the term appears and inserting ``this subpart''; and
       (B) in paragraph (2)(B), by striking ``this part'' and 
     inserting ``this subpart'';
       (4) in subsection (e), by striking ``section 9302'' and 
     inserting ``section 8302''; and
       (5) in subsection (f)--
       (A) by inserting ``by the State'' after ``if requested''; 
     and
       (B) by striking ``, objectives,''.
       (e) Within-State Allocations.--Section 3114 (20 U.S.C. 
     6824) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--After making the reservation required 
     under subsection (d)(1), each State educational agency 
     receiving a grant under section 3111(c)(2) shall award 
     subgrants for a fiscal year by allocating in a timely manner 
     to each eligible entity in the State having a plan approved 
     under section 3116 an amount that bears the same relationship 
     to the amount received under the grant and remaining after 
     making such reservation as the population of English learners 
     in schools served by the eligible entity bears to the 
     population of English learners in schools served by all 
     eligible entities in the State.''; and
       (2) in subsection (d)(1)--
       (A) by striking ``section 3111(c)(3)'' and inserting 
     ``section 3111(c)(2)''; and
       (B) by striking ``preceding the fiscal year''.
       (f) Subgrants to Eligible Entities.--Section 3115 (20 
     U.S.C. 6825) is amended to read as follows:

     ``SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES.

       ``(a) Purposes of Subgrants.--A State educational agency 
     may make a subgrant to an eligible entity from funds received 
     by the agency under this subpart only if the entity agrees to 
     expend the funds to improve the education of English learners 
     by assisting the children to learn English and meet the 
     challenging State academic standards. In carrying out 
     activities with such funds, the eligible entity shall use 
     effective approaches and methodologies for teaching English 
     learners and immigrant children and youth for the following 
     purposes:
       ``(1) Developing and implementing new language instruction 
     educational programs and academic content instructional 
     programs for English learners and immigrant children and 
     youth, including early childhood education programs, 
     elementary school programs, and secondary school programs.
       ``(2) Carrying out highly focused, innovative, locally 
     designed activities to expand or enhance existing language 
     instruction educational programs and academic content 
     instructional programs for English learners and immigrant 
     children and youth.
       ``(3) Implementing, within an individual school, schoolwide 
     programs for restructuring, reforming, and upgrading all 
     relevant programs, activities, and operations relating to 
     language instruction educational programs and academic 
     content instruction for English learners and immigrant 
     children and youth.
       ``(4) Implementing, within the entire jurisdiction of a 
     local educational agency, agencywide programs for 
     restructuring, reforming, and upgrading all relevant 
     programs, activities, and operations relating to language 
     instruction educational programs and academic content 
     instruction for English learners and immigrant children and 
     youth.
       ``(b) Direct Administrative Expenses.--Each eligible entity 
     receiving funds under section 3114(a) for a fiscal year may 
     use not more than 2 percent of such funds for the cost of 
     administering this subpart.
       ``(c) Required Subgrantee Activities.--An eligible entity 
     receiving funds under section 3114(a) shall use the funds--
       ``(1) to increase the English language proficiency of 
     English learners by providing effective language instruction 
     educational programs that meet the needs of English learners 
     and demonstrate success in increasing--
       ``(A) English language proficiency; and
       ``(B) student academic achievement;
       ``(2) to provide effective professional development to 
     classroom teachers (including teachers in classroom settings 
     that are not the settings of language instruction educational 
     programs), principals and other school leaders, 
     administrators, and other school or community-based 
     organizational personnel, that is--
       ``(A) designed to improve the instruction and assessment of 
     English learners;
       ``(B) designed to enhance the ability of such teachers, 
     principals, and other school leaders to understand and 
     implement curricula, assessment practices and measures, and 
     instructional strategies for English learners;
       ``(C) effective in increasing children's English language 
     proficiency or substantially increasing the subject matter 
     knowledge, teaching knowledge, and teaching skills of such 
     teachers; and
       ``(D) of sufficient intensity and duration (which shall not 
     include activities such as 1-day or short-term workshops and 
     conferences) to have a positive and lasting impact on the 
     teachers' performance in the classroom, except that this 
     subparagraph shall not apply to an activity that is one 
     component of a long-term, comprehensive professional 
     development plan established by a teacher and the teacher's 
     supervisor based on an assessment of the needs of the 
     teacher, the supervisor, the students of the teacher, and any 
     local educational agency employing the teacher, as 
     appropriate; and
       ``(3) to provide and implement other effective activities 
     and strategies that enhance or supplement language 
     instruction educational programs for English learners, 
     which--
       ``(A) shall include parent, family, and community 
     engagement activities; and
       ``(B) may include strategies that serve to coordinate and 
     align related programs.
       ``(d) Authorized Subgrantee Activities.--Subject to 
     subsection (c), an eligible entity receiving funds under 
     section 3114(a) may use the funds to achieve any of the 
     purposes described in subsection (a) by undertaking 1 or more 
     of the following activities:
       ``(1) Upgrading program objectives and effective 
     instructional strategies.
       ``(2) Improving the instructional program for English 
     learners by identifying, acquiring, and upgrading curricula, 
     instructional materials, educational software, and assessment 
     procedures.
       ``(3) Providing to English learners--
       ``(A) tutorials and academic or career and technical 
     education; and
       ``(B) intensified instruction, which may include materials 
     in a language that the student can understand, interpreters, 
     and translators.
       ``(4) Developing and implementing effective preschool, 
     elementary school, or secondary

[[Page H8485]]

     school language instruction educational programs that are 
     coordinated with other relevant programs and services.
       ``(5) Improving the English language proficiency and 
     academic achievement of English learners.
       ``(6) Providing community participation programs, family 
     literacy services, and parent and family outreach and 
     training activities to English learners and their families--
       ``(A) to improve the English language skills of English 
     learners; and
       ``(B) to assist parents and families in helping their 
     children to improve their academic achievement and becoming 
     active participants in the education of their children.
       ``(7) Improving the instruction of English learners, which 
     may include English learners with a disability, by providing 
     for--
       ``(A) the acquisition or development of educational 
     technology or instructional materials;
       ``(B) access to, and participation in, electronic networks 
     for materials, training, and communication; and
       ``(C) incorporation of the resources described in 
     subparagraphs (A) and (B) into curricula and programs, such 
     as those funded under this subpart.
       ``(8) Offering early college high school or dual or 
     concurrent enrollment programs or courses designed to help 
     English learners achieve success in postsecondary education.
       ``(9) Carrying out other activities that are consistent 
     with the purposes of this section.
       ``(e) Activities by Agencies Experiencing Substantial 
     Increases in Immigrant Children and Youth.--
       ``(1) In general.--An eligible entity receiving funds under 
     section 3114(d)(1) shall use the funds to pay for activities 
     that provide enhanced instructional opportunities for 
     immigrant children and youth, which may include--
       ``(A) family literacy, parent and family outreach, and 
     training activities designed to assist parents and families 
     to become active participants in the education of their 
     children;
       ``(B) recruitment of, and support for, personnel, including 
     teachers and paraprofessionals who have been specifically 
     trained, or are being trained, to provide services to 
     immigrant children and youth;
       ``(C) provision of tutorials, mentoring, and academic or 
     career counseling for immigrant children and youth;
       ``(D) identification, development, and acquisition of 
     curricular materials, educational software, and technologies 
     to be used in the program carried out with awarded funds;
       ``(E) basic instructional services that are directly 
     attributable to the presence of immigrant children and youth 
     in the local educational agency involved, including the 
     payment of costs of providing additional classroom supplies, 
     costs of transportation, or such other costs as are directly 
     attributable to such additional basic instructional services;
       ``(F) other instructional services that are designed to 
     assist immigrant children and youth to achieve in elementary 
     schools and secondary schools in the United States, such as 
     programs of introduction to the educational system and civics 
     education; and
       ``(G) activities, coordinated with community-based 
     organizations, institutions of higher education, private 
     sector entities, or other entities with expertise in working 
     with immigrants, to assist parents and families of immigrant 
     children and youth by offering comprehensive community 
     services.
       ``(2) Duration of subgrants.--The duration of a subgrant 
     made by a State educational agency under section 3114(d)(1) 
     shall be determined by the agency in its discretion.
       ``(f) Selection of Method of Instruction.--
       ``(1) In general.--To receive a subgrant from a State 
     educational agency under this subpart, an eligible entity 
     shall select one or more methods or forms of effective 
     instruction to be used in the programs and activities 
     undertaken by the entity to assist English learners to attain 
     English language proficiency and meet challenging State 
     academic standards.
       ``(2) Consistency.--The selection described in paragraph 
     (1) shall be consistent with sections 3124 through 3126.
       ``(g) Supplement, Not Supplant.--Federal funds made 
     available under this subpart shall be used so as to 
     supplement the level of Federal, State, and local public 
     funds that, in the absence of such availability, would have 
     been expended for programs for English learners and immigrant 
     children and youth and in no case to supplant such Federal, 
     State, and local public funds.''.
       (g) Local Plans.--Section 3116 (20 U.S.C. 6826) is 
     amended--
       (1) in subsection (b), by striking paragraphs (1) through 
     (6) and inserting the following:
       ``(1) describe the effective programs and activities, 
     including language instruction educational programs, proposed 
     to be developed, implemented, and administered under the 
     subgrant that will help English learners increase their 
     English language proficiency and meet the challenging State 
     academic standards;
       ``(2) describe how the eligible entity will ensure that 
     elementary schools and secondary schools receiving funds 
     under this subpart assist English learners in--
       ``(A) achieving English proficiency based on the State's 
     English language proficiency assessment under section 
     1111(b)(2)(G), consistent with the State's long-term goals, 
     as described in section 1111(c)(4)(A)(ii); and
       ``(B) meeting the challenging State academic standards;
       ``(3) describe how the eligible entity will promote parent, 
     family, and community engagement in the education of English 
     learners;
       ``(4) contain assurances that--
       ``(A) each local educational agency that is included in the 
     eligible entity is complying with section 1112(e) prior to, 
     and throughout, each school year as of the date of 
     application;
       ``(B) the eligible entity is not in violation of any State 
     law, including State constitutional law, regarding the 
     education of English learners, consistent with sections 3125 
     and 3126;
       ``(C) the eligible entity consulted with teachers, 
     researchers, school administrators, parents and family 
     members, community members, public or private entities, and 
     institutions of higher education, in developing and 
     implementing such plan; and
       ``(D) the eligible entity will, if applicable, coordinate 
     activities and share relevant data under the plan with local 
     Head Start and Early Head Start agencies, including migrant 
     and seasonal Head Start agencies, and other early childhood 
     education providers.'';
       (2) in subsection (c), by striking ``limited English 
     proficient children'' and inserting ``English learners''; and
       (3) by striking subsection (d).
       (h) Reporting.--Section 3121 (20 U.S.C. 6841) is amended to 
     read as follows:

     ``SEC. 3121. REPORTING.

       ``(a) In General.--Each eligible entity that receives a 
     subgrant from a State educational agency under subpart 1 
     shall provide such agency, at the conclusion of every second 
     fiscal year during which the subgrant is received, with a 
     report, in a form prescribed by the agency, on the activities 
     conducted and children served under such subpart that 
     includes--
       ``(1) a description of the programs and activities 
     conducted by the entity with funds received under subpart 1 
     during the 2 immediately preceding fiscal years, which shall 
     include a description of how such programs and activities 
     supplemented programs funded primarily with State or local 
     funds;
       ``(2) the number and percentage of English learners in the 
     programs and activities who are making progress toward 
     achieving English language proficiency, as described in 
     section 1111(c)(4)(A)(ii), in the aggregate and 
     disaggregated, at a minimum, by English learners with a 
     disability;
       ``(3) the number and percentage of English learners in the 
     programs and activities attaining English language 
     proficiency based on State English language proficiency 
     standards established under section 1111(b)(1)(G) by the end 
     of each school year, as determined by the State's English 
     language proficiency assessment under section 1111(b)(2)(G);
       ``(4) the number and percentage of English learners who 
     exit the language instruction educational programs based on 
     their attainment of English language proficiency;
       ``(5) the number and percentage of English learners meeting 
     challenging State academic standards for each of the 4 years 
     after such children are no longer receiving services under 
     this part, in the aggregate and disaggregated, at a minimum, 
     by English learners with a disability;
       ``(6) the number and percentage of English learners who 
     have not attained English language proficiency within 5 years 
     of initial classification as an English learner and first 
     enrollment in the local educational agency; and
       ``(7) any other information that the State educational 
     agency may require.
       ``(b) Use of Report.--A report provided by an eligible 
     entity under subsection (a) shall be used by the entity and 
     the State educational agency for improvement of programs and 
     activities under this part.
       ``(c) Special Rule for Specially Qualified Agencies.--Each 
     specially qualified agency receiving a grant under subpart 1 
     shall provide the reports described in subsection (a) to the 
     Secretary subject to the same requirements as apply to 
     eligible entities providing such evaluations to State 
     educational agencies under such subsection.''.
       (i) Biennial Reports.--Section 3122 (20 U.S.C. 6843), as 
     redesignated by section 3001(2)(B), is amended--
       (1) in the section heading, by striking ``REPORTING 
     REQUIREMENTS'' and inserting ``BIENNIAL REPORTS'';
       (2) in subsection (a)--
       (A) by striking ``evaluations'' and inserting ``reports''; 
     and
       (B) by striking ``children who are limited English 
     proficient'' and inserting ``English learners''; and
       (3) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``limited English proficient children'' and 
     inserting ``English learners''; and
       (ii) by striking ``children who are limited English 
     proficient'' and inserting ``English learners'';
       (B) in paragraph (2), by striking ``limited English 
     proficient children'' and inserting ``English learners'';
       (C) in paragraph (4), by striking ``section 3111(b)(2)(C)'' 
     and inserting ``section 3111(b)(2)(D)'';
       (D) in paragraph (5), by striking ``limited English 
     proficient children'' and inserting ``English learners'';
       (E) in paragraph (6), by striking ``major findings of 
     scientifically based research carried out under this part'' 
     and inserting ``findings of the most recent evaluation 
     related to English learners carried out under section 8601'';
       (F) in paragraph (8)--
       (i) by striking ``of limited English proficient children'' 
     and inserting ``of English learners''; and
       (ii) by striking ``into classrooms where instruction is not 
     tailored for limited English proficient children''; and
       (G) in paragraph (9), by striking ``title'' and inserting 
     ``part''.
       (j) Coordination With Related Programs.--Section 3123 (20 
     U.S.C. 6844), as redesignated by section 3001(2)(B), is 
     amended--

[[Page H8486]]

       (1) by striking ``children of limited English proficiency'' 
     and inserting ``English learners'';
       (2) by striking ``limited English proficient children'' and 
     inserting ``English learners''; and
       (3) by inserting after the period at the end the following: 
     ``The Secretary shall report to the Congress on parallel 
     Federal programs in other agencies and departments.''.
       (k) Rules of Construction.--Section 3124 (20 U.S.C. 6845), 
     as redesignated by section 3001(2)(B), is amended--
       (1) in paragraph (1), by striking ``limited English 
     proficient children'' and inserting ``English learners''; and
       (2) in paragraph (2), by striking ``limited English 
     proficient children'' and inserting ``English learners''.
       (l) Prohibition.--Section 3128 (20 U.S.C. 6849), as 
     redesignated by section 3001(2)(B), is amended by striking 
     ``limited English proficient children'' and inserting 
     ``English learners''.
       (m) National Professional Development Project.--Section 
     3131 (20 U.S.C. 6861) is amended to read as follows:

     ``SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

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

     SEC. 3004. GENERAL PROVISIONS.

       (a) Definitions.--Section 3201 (20 U.S.C. 7011), as 
     redesignated by section 3001(5)(A), is amended--
       (1) by striking paragraphs (3), (4), and (5);
       (2) by inserting after paragraph (2) the following:
       ``(3) Eligible entity.--The term `eligible entity' means--
       ``(A) one or more local educational agencies; or
       ``(B) one or more local educational agencies, in consortia 
     or collaboration with an institution of higher education, 
     educational service agency, community-based organization, or 
     State educational agency.
       ``(4) English learner with a disability.--The term `English 
     learner with a disability' means an English learner who is 
     also a child with a disability, as that term is defined in 
     section 602 of the Individuals with Disabilities Education 
     Act.'';
       (3) by redesignating paragraphs (6) through (15) as 
     paragraphs (5) through (14), respectively;
       (4) in paragraph (7)(A), as redesignated by paragraph (3)--
       (A) by striking ``a limited English proficient child'' and 
     inserting ``an English learner''; and
       (B) by striking ``challenging State academic content and 
     student academic achievement standards, as required by 
     section 1111(b)(1)'' and inserting ``challenging State 
     academic standards''; and
       (5) in paragraph (12), as redesignated by paragraph (3), by 
     striking ``, as defined in section 3141,''.
       (b) National Clearinghouse.--Section 3202 (20 U.S.C. 7013), 
     as redesignated by section 3001(5)(C), is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by striking ``The Secretary shall'' and inserting the 
     following:
       ``(a) In General.--The Secretary shall''; and
       (B) by striking ``limited English proficient children'' and 
     inserting ``English learners'';
       (2) in paragraph (4)--
       (A) in subparagraph (A), by striking ``limited English 
     proficient children'' and inserting ``English learners, 
     including English learners with a disability, that includes 
     information on best practices on instructing and serving 
     English learners''; and
       (B) in subparagraph (B), by striking ``limited English 
     proficient children'' and inserting ``English learners''; and
       (3) by adding at the end the following:
       ``(b) Construction.--Nothing in this section shall 
     authorize the Secretary to hire additional personnel to 
     execute subsection (a).''.
       (c) Regulations.--Section 3203 (20 U.S.C. 7014), as 
     redesignated by section 3001(5)(C), is amended--
       (1) by striking ``limited English proficient individuals'' 
     and inserting ``English learners''; and
       (2) by striking ``limited English proficient children'' and 
     inserting ``English learners''.
                     TITLE IV--21ST CENTURY SCHOOLS

     SEC. 4001. REDESIGNATIONS AND TRANSFERS.

       (a) Title IV Transfers and Related Amendments.--
       (1) Section 4303 (20 U.S.C. 7183) is amended--
       (A) in subsection (b)(1), by striking ``early childhood 
     development (Head Start) services'' and inserting ``early 
     childhood education programs'';
       (B) in subsection (c)(2)--
       (i) in the paragraph heading, by striking ``development 
     services'' and inserting ``education programs''; and
       (ii) by striking ``development (Head Start) services'' and 
     inserting ``education programs''; and
       (C) in subsection (e)(3), by striking subparagraph (C) and 
     inserting the following:
       ``(C) such other matters as justice may require.''.
       (2) Subpart 3 of part A of title IV (20 U.S.C. 7151) is--
       (A) transferred to title IX (as amended by section 2001 of 
     this Act);
       (B) inserted so as to appear after subpart 3 of part E of 
     such title (as so transferred and redesignated);
       (C) redesignated as subpart 4 of such part; and
       (D) amended by redesignating section 4141 as section 9551.
       (3) Section 4155 (20 U.S.C. 7165) is--
       (A) transferred to title IX (as amended by section 2001 of 
     this Act and paragraph (2) of this subsection);
       (B) inserted so as to appear after section 9536; and
       (C) redesignated as section 9537.
       (4) Part C of title IV (20 U.S.C. 7181 et seq.) (as amended 
     by paragraph (1) of this subsection) is--
       (A) transferred to title IX (as amended by section 2001 of 
     this Act and paragraphs (2) and (3) of this subsection);
       (B) inserted so as to appear after subpart 4 of part E of 
     such title IX (as so transferred and redesignated); and
       (C) amended--
       (i) by striking the part designation and heading and 
     inserting ``SUBPART 5--ENVIRONMENTAL TOBACCO SMOKE''; and
       (ii) by redesignating sections 4301 through 4304 as 
     sections 9561 through 9564, respectively.
       (5) Title IV (as amended by section 2001 of this Act and 
     paragraphs (1) through (4) of this subsection) is further 
     amended--
       (A) in the part heading of part A, by striking ``SAFE AND 
     DRUG-FREE SCHOOLS AND COMMUNITIES'' and inserting ``STUDENT 
     SUPPORT AND ACADEMIC ENRICHMENT GRANTS'';
       (B) by striking subparts 2 and 4 of part A;
       (C) by redesignating subpart 5 of part A (as so transferred 
     and redesignated by section 2001(4) of this Act) as subpart 2 
     of part A; and
       (D) by redesignating section 4161 (as so redesignated) as 
     section 4121.
       (b) Title V Transfers and Related Amendments.--
       (1) In general.--Title V (20 U.S.C. 7201 et seq.) is 
     amended--
       (A) by striking part A;
       (B) by striking subparts 2 and 3 of part B; and
       (C) by striking part D.
       (2) Charter schools.--Part B of title V (20 U.S.C. 7221 et 
     seq.) (as amended by paragraph (1) of this subsection) is--
       (A) transferred to title IV (as amended by section 2001 of 
     this Act and subsection (a) of this section);
       (B) inserted so as to appear after part B of such title;
       (C) redesignated as part C of such title; and
       (D) further amended--
       (i) in the part heading, by striking ``PUBLIC CHARTER 
     SCHOOLS'' and inserting ``EXPANDING OPPORTUNITY THROUGH 
     QUALITY CHARTER SCHOOLS'';
       (ii) by striking the subpart heading for subpart 1; and
       (iii) by redesignating sections 5201 through 5211 as 
     sections 4301 through 4311, respectively.
       (3) Magnet schools.--Part C of title V (20 U.S.C. 7231 et 
     seq.) is--
       (A) transferred to title IV (as amended by section 2001 of 
     this Act, subsection (a) of this section, and paragraph (2) 
     of this subsection)
       (B) inserted so as to appear after part C of such title (as 
     so transferred and redesignated);
       (C) redesignated as part D of such title; and
       (D) amended--
       (i) by redesignating sections 5301 through 5307 as sections 
     4401 through 4407, respectively;
       (ii) by striking sections 5308 and 5310; and
       (iii) by redesignating sections 5309 and 5311 as sections 
     4408 and 4409, respectively.
       (4) Title v.--Title V, as amended by this section, is 
     repealed.

     SEC. 4002. GENERAL PROVISIONS.

       Title IV (20 U.S.C. 7101 et seq.), as redesignated and 
     amended by section 4001, is further amended by striking 
     sections 4001 through 4003 and inserting the following:

     ``SEC. 4001. GENERAL PROVISIONS.

       ``(a) Parental Consent.--
       ``(1) In general.--
       ``(A) Informed written consent.--A State, local educational 
     agency, or other entity receiving funds under this title 
     shall obtain prior

[[Page H8487]]

     written, informed consent from the parent of each child who 
     is under 18 years of age to participate in any mental-health 
     assessment or service that is funded under this title and 
     conducted in connection with an elementary school or 
     secondary school under this title.
       ``(B) Contents.--Before obtaining the consent described in 
     subparagraph (A), the entity shall provide the parent written 
     notice describing in detail such mental health assessment or 
     service, including the purpose for such assessment or 
     service, the provider of such assessment or service, when 
     such assessment or service will begin, and how long such 
     assessment or service may last.
       ``(C) Limitation.--The informed written consent required 
     under this paragraph shall not be a waiver of any rights or 
     protections under section 444 of the General Education 
     Provisions Act (20 U.S.C. 1232g).
       ``(2) Exception.--Notwithstanding paragraph (1)(A), the 
     written, informed consent described in such paragraph shall 
     not be required in--
       ``(A) an emergency, where it is necessary to protect the 
     immediate health and safety of the child, other children, or 
     entity personnel; or
       ``(B) other instances in which an entity actively seeks 
     parental consent but such consent cannot be reasonably 
     obtained, as determined by the State or local educational 
     agency, including in the case of--
       ``(i) a child whose parent has not responded to the notice 
     described in paragraph (1)(B); or
       ``(ii) a child who has attained 14 years of age and is an 
     unaccompanied youth, as defined in section 725 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).
       ``(b) Prohibited Use of Funds.--No funds under this title 
     may be used for medical services or drug treatment or 
     rehabilitation, except for integrated student supports, 
     specialized instructional support services, or referral to 
     treatment for impacted students, which may include students 
     who are victims of, or witnesses to, crime or who illegally 
     use drugs.
       ``(c) Prohibition on Mandatory Medication.--No child shall 
     be required to obtain a prescription for a controlled 
     substance, as defined in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802) as a condition of--
       ``(1) receiving an evaluation or other service described 
     under this title; or
       ``(2) attending a school receiving assistance under this 
     title.''.

         PART A--STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS

     SEC. 4101. STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS.

       Subpart 1 of part A of title IV (20 U.S.C. 7101 et seq.) is 
     amended to read as follows:

      ``Subpart 1--Student Support and Academic Enrichment Grants

     ``SEC. 4101. PURPOSE.

       ``The purpose of this subpart is to improve students' 
     academic achievement by increasing the capacity of States, 
     local educational agencies, schools, and local communities 
     to--
       ``(1) provide all students with access to a well-rounded 
     education;
       ``(2) improve school conditions for student learning; and
       ``(3) improve the use of technology in order to improve the 
     academic achievement and digital literacy of all students.

     ``SEC. 4102. DEFINITIONS.

       ``In this subpart:
       ``(1) Blended learning.--The term `blended learning' means 
     a formal education program that leverages both technology-
     based and face-to-face instructional approaches--
       ``(A) that include an element of online or digital 
     learning, combined with supervised learning time, and 
     student-led learning, in which the elements are connected to 
     provide an integrated learning experience; and
       ``(B) in which students are provided some control over 
     time, path, or pace.
       ``(2) Controlled substance.--The term `controlled 
     substance' means a drug or other substance identified under 
     Schedule I, II, III, IV, or V in section 202(c) of the 
     Controlled Substances Act (21 U.S.C. 812(c)).
       ``(3) Digital learning.--The term `digital learning' means 
     any instructional practice that effectively uses technology 
     to strengthen a student's learning experience and encompasses 
     a wide spectrum of tools and practices, including--
       ``(A) interactive learning resources, digital learning 
     content (which may include openly licensed content), 
     software, or simulations, that engage students in academic 
     content;
       ``(B) access to online databases and other primary source 
     documents;
       ``(C) the use of data and information to personalize 
     learning and provide targeted supplementary instruction;
       ``(D) online and computer-based assessments;
       ``(E) learning environments that allow for rich 
     collaboration and communication, which may include student 
     collaboration with content experts and peers;
       ``(F) hybrid or blended learning, which occurs under direct 
     instructor supervision at a school or other location away 
     from home and, at least in part, through online delivery of 
     instruction with some element of student control over time, 
     place, path, or pace; and
       ``(G) access to online course opportunities for students in 
     rural or remote areas.
       ``(4) Drug.--The term `drug' includes--
       ``(A) controlled substances;
       ``(B) the illegal use of alcohol or tobacco, including 
     smokeless tobacco products and electronic cigarettes; and
       ``(C) the harmful, abusive, or addictive use of substances, 
     including inhalants and anabolic steroids.
       ``(5) Drug and violence prevention.--The term `drug and 
     violence prevention' means--
       ``(A) with respect to drugs, prevention, early 
     intervention, rehabilitation referral, recovery support 
     services, or education related to the illegal use of drugs, 
     such as raising awareness about the consequences of drug use 
     that are evidence-based (to the extent a State, in 
     consultation with local educational agencies in the State, 
     determines that such evidence is reasonably available); and
       ``(B) with respect to violence, the promotion of school 
     safety, such that students and school personnel are free from 
     violent and disruptive acts, including sexual harassment and 
     abuse, and victimization associated with prejudice and 
     intolerance, on school premises, going to and from school, 
     and at school-sponsored activities, through the creation and 
     maintenance of a school environment that is free of weapons 
     and fosters individual responsibility and respect for the 
     rights of others.
       ``(6) School-based mental health services provider.--The 
     term `school-based mental health services provider' includes 
     a State-licensed or State-certified school counselor, school 
     psychologist, school social worker, or other State licensed 
     or certified mental health professional qualified under State 
     law to provide mental health services to children and 
     adolescents.
       ``(7) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       ``(8) Stem-focused specialty school.--The term `STEM-
     focused specialty school' means a school, or dedicated 
     program within a school, that engages students in rigorous, 
     relevant, and integrated learning experiences focused on 
     science, technology, engineering, and mathematics, including 
     computer science, which include authentic schoolwide 
     research.

     ``SEC. 4103. FORMULA GRANTS TO STATES.

       ``(a) Reservations.--From the total amount appropriated 
     under section 4112 for a fiscal year, the Secretary shall 
     reserve--
       ``(1) one-half of 1 percent for allotments for payments to 
     the outlying areas, to be distributed among those outlying 
     areas on the basis of their relative need, as determined by 
     the Secretary, in accordance with the purpose of this 
     subpart;
       ``(2) one-half of 1 percent for the Secretary of the 
     Interior for programs under this subpart in schools operated 
     or funded by the Bureau of Indian Education; and
       ``(3) 2 percent for technical assistance and capacity 
     building.
       ``(b) State Allotments.--
       ``(1) Allotment.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     from the amount appropriated to carry out this subpart that 
     remains after the Secretary makes the reservations under 
     subsection (a), the Secretary shall allot to each State 
     having a plan approved under subsection (c), an amount that 
     bears the same relationship to the remainder as the amount 
     the State received under subpart 2 of part A of title I for 
     the preceding fiscal year bears to the amount all States 
     received under that subpart for the preceding fiscal year.
       ``(B) Small state minimum.--No State receiving an allotment 
     under this paragraph shall receive less than one-half of 1 
     percent of the total amount allotted under this paragraph.
       ``(C) Puerto rico.--The amount allotted under this 
     paragraph to the Commonwealth of Puerto Rico for a fiscal 
     year may not exceed one-half of 1 percent of the total amount 
     allotted under this paragraph.
       ``(2) Reallotment.--If a State does not receive an 
     allotment under this subpart for a fiscal year, the Secretary 
     shall reallot the amount of the State's allotment to the 
     remaining States in accordance with this subsection.
       ``(c) State Plan.--
       ``(1) In general.--In order to receive an allotment under 
     this section for any fiscal year, a State shall submit a plan 
     to the Secretary, at such time and in such manner as the 
     Secretary may reasonably require.
       ``(2) Contents.--Each plan submitted by a State under this 
     section shall include the following:
       ``(A) A description of how the State educational agency 
     will use funds received under this subpart for State-level 
     activities.
       ``(B) A description of how the State educational agency 
     will ensure that awards made to local educational agencies 
     under this subpart are in amounts that are consistent with 
     section 4105(a)(2).
       ``(C) Assurances that the State educational agency will--
       ``(i) review existing resources and programs across the 
     State and will coordinate any new plans and resources under 
     this subpart with such existing resources and programs;
       ``(ii) monitor the implementation of activities under this 
     subpart and provide technical assistance to local educational 
     agencies in carrying out such activities; and
       ``(iii) provide for equitable access for all students to 
     the activities supported under this subpart, including 
     aligning those activities with the requirements of other 
     Federal laws.

     ``SEC. 4104. STATE USE OF FUNDS.

       ``(a) In General.--Each State that receives an allotment 
     under section 4103 for a fiscal year shall--
       ``(1) reserve not less than 95 percent of the allotment to 
     make allocations to local educational agencies under section 
     4105;
       ``(2) reserve not more than 1 percent of the allotment for 
     the administrative costs of carrying out its responsibilities 
     under this subpart, including public reporting on how funds 
     made available under this subpart are being expended by local 
     educational agencies, including the degree to which the local 
     educational agencies have made progress toward meeting the 
     objectives and outcomes described in section 4106(e)(1)(E); 
     and
       ``(3) use the amount made available to the State and not 
     reserved under paragraphs (1) and (2) for activities 
     described in subsection (b).

[[Page H8488]]

       ``(b) State Activities.--Each State that receives an 
     allotment under section 4103 shall use the funds available 
     under subsection (a)(3) for activities and programs designed 
     to meet the purposes of this subpart, which may include--
       ``(1) providing monitoring of, and training, technical 
     assistance, and capacity building to, local educational 
     agencies that receive an allotment under section 4105;
       ``(2) identifying and eliminating State barriers to the 
     coordination and integration of programs, initiatives, and 
     funding streams that meet the purposes of this subpart, so 
     that local educational agencies can better coordinate with 
     other agencies, schools, and community-based services and 
     programs; or
       ``(3) supporting local educational agencies in providing 
     programs and activities that--
       ``(A) offer well-rounded educational experiences to all 
     students, as described in section 4107, including female 
     students, minority students, English learners, children with 
     disabilities, and low-income students who are often 
     underrepresented in critical and enriching subjects, which 
     may include--
       ``(i) increasing student access to and improving student 
     engagement and achievement in--

       ``(I) high-quality courses in science, technology, 
     engineering, and mathematics, including computer science;
       ``(II) activities and programs in music and the arts;
       ``(III) foreign languages;
       ``(IV) accelerated learning programs that provide--

       ``(aa) postsecondary level courses accepted for credit at 
     institutions of higher education, including dual or 
     concurrent enrollment programs, and early college high 
     schools; or
       ``(bb) postsecondary level instruction and examinations 
     that are accepted for credit at institutions of higher 
     education, including Advanced Placement and International 
     Baccalaureate programs;

       ``(V) American history, civics, economics, geography, 
     social studies, or government education;
       ``(VI) environmental education; or
       ``(VII) other courses, activities, and programs or other 
     experiences that contribute to a well-rounded education; or

       ``(ii) reimbursing low-income students to cover part or all 
     of the costs of accelerated learning examination fees, as 
     described in clause (i)(IV);
       ``(B) foster safe, healthy, supportive, and drug-free 
     environments that support student academic achievement, as 
     described in section 4108, which may include--
       ``(i) coordinating with any local educational agencies or 
     consortia of such agencies implementing a youth PROMISE plan 
     to reduce exclusionary discipline, as described in section 
     4108(5)(F);
       ``(ii) supporting local educational agencies to--

       ``(I) implement mental health awareness training programs 
     that are evidence-based (to the extent the State determines 
     that such evidence is reasonably available) to provide 
     education to school personnel regarding resources available 
     in the community for students with mental illnesses and other 
     relevant resources relating to mental health or the safe de-
     escalation of crisis situations involving a student with a 
     mental illness; or
       ``(II) expand access to or coordinate resources for school-
     based counseling and mental health programs, such as through 
     school-based mental health services partnership programs;

       ``(iii) providing local educational agencies with resources 
     that are evidence-based (to the extent the State determines 
     that such evidence is reasonably available) addressing ways 
     to integrate health and safety practices into school or 
     athletic programs; and
       ``(iv) disseminating best practices and evaluating program 
     outcomes relating to any local educational agency activities 
     to promote student safety and violence prevention through 
     effective communication as described in section 
     4108(5)(C)(iv); and
       ``(C) increase access to personalized, rigorous learning 
     experiences supported by technology by--
       ``(i) providing technical assistance to local educational 
     agencies to improve the ability of local educational agencies 
     to--

       ``(I) identify and address technology readiness needs, 
     including the types of technology infrastructure and access 
     available to the students served by the local educational 
     agency, including computer devices, access to school 
     libraries, Internet connectivity, operating systems, 
     software, related network infrastructure, and data security;
       ``(II) use technology, consistent with the principles of 
     universal design for learning, to support the learning needs 
     of all students, including children with disabilities and 
     English learners; and
       ``(III) build capacity for principals, other school 
     leaders, and local educational agency administrators to 
     support teachers in using data and technology to improve 
     instruction and personalize learning;

       ``(ii) supporting schools in rural and remote areas to 
     expand access to high-quality digital learning opportunities;
       ``(iii) developing or using strategies that are innovative 
     or evidence-based (to the extent the State determines that 
     such evidence is reasonably available) for the delivery of 
     specialized or rigorous academic courses and curricula 
     through the use of technology, including digital learning 
     technologies and assistive technology, which may include 
     increased access to online dual or concurrent enrollment 
     opportunities, career and technical courses, and programs 
     leading to a recognized postsecondary credential (as defined 
     in section 3 of the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3102));
       ``(iv) disseminating promising practices related to 
     technology instruction, data security, and the acquisition 
     and implementation of technology tools and applications, 
     including through making such promising practices publicly 
     available on the website of the State educational agency;
       ``(v) providing teachers, paraprofessionals, school 
     librarians and media personnel, specialized instructional 
     support personnel, and administrators with the knowledge and 
     skills to use technology effectively, including effective 
     integration of technology, to improve instruction and student 
     achievement, which may include coordination with teacher, 
     principal, and other school leader preparation programs; and
       ``(vi) making instructional content widely available 
     through open educational resources, which may include 
     providing tools and processes to support local educational 
     agencies in making such resources widely available.
       ``(c) Special Rule.--A State that receives a grant under 
     this subpart for fiscal year 2017 may use the amount made 
     available to the State and not reserved under paragraphs (1) 
     and (2) of subsection (a) for such fiscal year to cover part 
     or all of the fees for accelerated learning examinations 
     taken by low-income students during the 2016-2017 school 
     year, in accordance with subsection (b)(3)(A)(ii).

     ``SEC. 4105. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) Allocations to Local Educational Agencies.--
       ``(1) In general.--From the funds reserved by a State under 
     section 4104(a)(1), the State shall allocate to each local 
     educational agency in the State that has an application 
     approved by the State educational agency under section 4106 
     an amount that bears the same relationship to the total 
     amount of such reservation as the amount the local 
     educational agency received under subpart 2 of part A of 
     title I for the preceding fiscal year bears to the total 
     amount received by all local educational agencies in the 
     State under such subpart for the preceding fiscal year.
       ``(2) Minimum local educational agency allocation.--No 
     allocation to a local educational agency under this 
     subsection may be made in an amount that is less than 
     $10,000, subject to subsection (b).
       ``(3) Consortia.--Local educational agencies in a State may 
     form a consortium with other surrounding local educational 
     agencies and combine the funds each such agency in the 
     consortium receives under this section to jointly carry out 
     the local activities described in this subpart.
       ``(b) Ratable Reduction.--If the amount reserved by the 
     State under section 4104(a)(1) is insufficient to make 
     allocations to local educational agencies in an amount equal 
     to the minimum allocation described in subsection (a)(2), 
     such allocations shall be ratably reduced.
       ``(c) Administrative Costs.--Of the amount received under 
     subsection (a)(2), a local educational agency may reserve not 
     more than 2 percent for the direct administrative costs of 
     carrying out the local educational agency's responsibilities 
     under this subpart.

     ``SEC. 4106. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

       ``(a) Eligibility.--To be eligible to receive an allocation 
     under section 4105(a), a local educational agency shall--
       ``(1) submit an application, which shall contain, at a 
     minimum, the information described in subsection (e), to the 
     State educational agency at such time, in such manner, and 
     containing such information as the State educational agency 
     may reasonably require; and
       ``(2) complete a needs assessment in accordance with 
     subsection (d).
       ``(b) Consortium.--If a local educational agency desires to 
     carry out the activities described in this subpart in 
     consortium with one or more surrounding local educational 
     agencies as described in section 4105(a)(3), such local 
     educational agencies shall submit a single application as 
     required under subsection (a).
       ``(c) Consultation.--
       ``(1) In general.--A local educational agency, or 
     consortium of such agencies, shall develop its application 
     through consultation with parents, teachers, principals, 
     other school leaders, specialized instructional support 
     personnel, students, community-based organizations, local 
     government representatives (which may include a local law 
     enforcement agency, local juvenile court, local child welfare 
     agency, or local public housing agency), Indian tribes or 
     tribal organizations that may be located in the region served 
     by the local educational agency (where applicable), charter 
     school teachers, principals, and other school leaders (if 
     such agency or consortium of such agencies supports charter 
     schools), and others with relevant and demonstrated expertise 
     in programs and activities designed to meet the purpose of 
     this subpart.
       ``(2) Continued consultation.--The local educational 
     agency, or consortium of such agencies, shall engage in 
     continued consultation with the entities described in 
     paragraph (1) in order to improve the local activities in 
     order to meet the purpose of this subpart and to coordinate 
     such implementation with other related strategies, programs, 
     and activities being conducted in the community.
       ``(d) Needs Assessment.--
       ``(1) In general.--Except as provided in paragraph (2) and 
     prior to receiving an allocation under this subpart, a local 
     educational agency or consortium of such agencies shall 
     conduct a comprehensive needs assessment of the local 
     educational agency or agencies proposed to be served under 
     this subpart in order to examine needs for improvement of--
       ``(A) access to, and opportunities for, a well-rounded 
     education for all students;
       ``(B) school conditions for student learning in order to 
     create a healthy and safe school environment; and
       ``(C) access to personalized learning experiences supported 
     by technology and professional

[[Page H8489]]

     development for the effective use of data and technology.
       ``(2) Exception.--A local educational agency receiving an 
     allocation under section 4105(a) in an amount that is less 
     than $30,000 shall not be required to conduct a comprehensive 
     needs assessment under paragraph (1).
       ``(3) Frequency of needs assessment.--Each local 
     educational agency, or consortium of local educational 
     agencies, shall conduct the needs assessment described in 
     paragraph (1) once every 3 years.
       ``(e) Contents of Local Application.--Each application 
     submitted under this section by a local educational agency, 
     or a consortium of such agencies, shall include the 
     following:
       ``(1) Descriptions.--A description of the activities and 
     programming that the local educational agency, or consortium 
     of such agencies, will carry out under this subpart, 
     including a description of--
       ``(A) any partnership with an institution of higher 
     education, business, nonprofit organization, community-based 
     organization, or other public or private entity with a 
     demonstrated record of success in implementing activities 
     under this subpart;
       ``(B) if applicable, how funds will be used for activities 
     related to supporting well-rounded education under section 
     4107;
       ``(C) if applicable, how funds will be used for activities 
     related to supporting safe and healthy students under section 
     4108;
       ``(D) if applicable, how funds will be used for activities 
     related to supporting the effective use of technology in 
     schools under section 4109; and
       ``(E) the program objectives and intended outcomes for 
     activities under this subpart, and how the local educational 
     agency, or consortium of such agencies, will periodically 
     evaluate the effectiveness of the activities carried out 
     under this section based on such objectives and outcomes.
       ``(2) Assurances.--Each application shall include 
     assurances that the local educational agency, or consortium 
     of such agencies, will--
       ``(A) prioritize the distribution of funds to schools 
     served by the local educational agency, or consortium of such 
     agencies, that--
       ``(i) are among the schools with the greatest needs, as 
     determined by such local educational agency, or consortium;
       ``(ii) have the highest percentages or numbers of children 
     counted under section 1124(c);
       ``(iii) are identified for comprehensive support and 
     improvement under section 1111(c)(4)(D)(i);
       ``(iv) are implementing targeted support and improvement 
     plans as described in section 1111(d)(2); or
       ``(v) are identified as a persistently dangerous public 
     elementary school or secondary school under section 8532;
       ``(B) comply with section 8501 (regarding equitable 
     participation by private school children and teachers);
       ``(C) use not less than 20 percent of funds received under 
     this subpart to support one or more of the activities 
     authorized under section 4107;
       ``(D) use not less than 20 percent of funds received under 
     this subpart to support one or more activities authorized 
     under section 4108;
       ``(E) use a portion of funds received under this subpart to 
     support one or more activities authorized under section 
     4109(a), including an assurance that the local educational 
     agency, or consortium of local educational agencies, will 
     comply with section 4109(b); and
       ``(F) annually report to the State for inclusion in the 
     report described in section 4104(a)(2) how funds are being 
     used under this subpart to meet the requirements of 
     subparagraphs (C) through (E).
       ``(f) Special Rule.--Any local educational agency receiving 
     an allocation under section 4105(a)(1) in an amount less than 
     $30,000 shall be required to provide only one of the 
     assurances described in subparagraphs (C), (D), and (E) of 
     subsection (e)(2).

     ``SEC. 4107. ACTIVITIES TO SUPPORT WELL-ROUNDED EDUCATIONAL 
                   OPPORTUNITIES.

       ``(a) In General.--Subject to section 4106(f), each local 
     educational agency, or consortium of such agencies, that 
     receives an allocation under section 4105(a) shall use a 
     portion of such funds to develop and implement programs and 
     activities that support access to a well-rounded education 
     and that--
       ``(1) are coordinated with other schools and community-
     based services and programs;
       ``(2) may be conducted in partnership with an institution 
     of higher education, business, nonprofit organization, 
     community-based organization, or other public or private 
     entity with a demonstrated record of success in implementing 
     activities under this section; and
       ``(3) may include programs and activities, such as--
       ``(A) college and career guidance and counseling programs, 
     such as--
       ``(i) postsecondary education and career awareness and 
     exploration activities;
       ``(ii) training counselors to effectively use labor market 
     information in assisting students with postsecondary 
     education and career planning; and
       ``(iii) financial literacy and Federal financial aid 
     awareness activities;
       ``(B) programs and activities that use music and the arts 
     as tools to support student success through the promotion of 
     constructive student engagement, problem solving, and 
     conflict resolution;
       ``(C) programming and activities to improve instruction and 
     student engagement in science, technology, engineering, and 
     mathematics, including computer science, (referred to in this 
     section as `STEM subjects') such as--
       ``(i) increasing access for students through grade 12 who 
     are members of groups underrepresented in such subject 
     fields, such as female students, minority students, English 
     learners, children with disabilities, and economically 
     disadvantaged students, to high-quality courses;
       ``(ii) supporting the participation of low-income students 
     in nonprofit competitions related to STEM subjects (such as 
     robotics, science research, invention, mathematics, computer 
     science, and technology competitions);
       ``(iii) providing hands-on learning and exposure to 
     science, technology, engineering, and mathematics and 
     supporting the use of field-based or service learning to 
     enhance the students' understanding of the STEM subjects;
       ``(iv) supporting the creation and enhancement of STEM-
     focused specialty schools;
       ``(v) facilitating collaboration among school, after-school 
     program, and informal program personnel to improve the 
     integration of programming and instruction in the identified 
     subjects; and
       ``(vi) integrating other academic subjects, including the 
     arts, into STEM subject programs to increase participation in 
     STEM subjects, improve attainment of skills related to STEM 
     subjects, and promote well-rounded education;
       ``(D) efforts to raise student academic achievement through 
     accelerated learning programs described in section 
     4104(b)(3)(A)(i)(IV), such as--
       ``(i) reimbursing low-income students to cover part or all 
     of the costs of accelerated learning examination fees, if the 
     low-income students are enrolled in accelerated learning 
     courses and plan to take accelerated learning examinations; 
     or
       ``(ii) increasing the availability of, and enrollment in, 
     accelerated learning courses, accelerated learning 
     examinations, dual or concurrent enrollment programs, and 
     early college high school courses;
       ``(E) activities to promote the development, 
     implementation, and strengthening of programs to teach 
     traditional American history, civics, economics, geography, 
     or government education;
       ``(F) foreign language instruction;
       ``(G) environmental education;
       ``(H) programs and activities that promote volunteerism and 
     community involvement;
       ``(I) programs and activities that support educational 
     programs that integrate multiple disciplines, such as 
     programs that combine arts and mathematics; or
       ``(J) other activities and programs to support student 
     access to, and success in, a variety of well-rounded 
     education experiences.
       ``(b) Special Rule.--A local educational agency, or 
     consortium of such agencies, that receives a subgrant under 
     this subpart for fiscal year 2017 may use such funds to cover 
     part or all of the fees for accelerated learning examinations 
     taken by low-income students during the 2016-2017 school 
     year, in accordance with subsection (a)(3)(D).

     ``SEC. 4108. ACTIVITIES TO SUPPORT SAFE AND HEALTHY STUDENTS.

       ``Subject to section 4106(f), each local educational 
     agency, or consortium of such agencies, that receives an 
     allocation under section 4105(a) shall use a portion of such 
     funds to develop, implement, and evaluate comprehensive 
     programs and activities that--
       ``(1) are coordinated with other schools and community-
     based services and programs;
       ``(2) foster safe, healthy, supportive, and drug-free 
     environments that support student academic achievement;
       ``(3) promote the involvement of parents in the activity or 
     program;
       ``(4) may be conducted in partnership with an institution 
     of higher education, business, nonprofit organization, 
     community-based organization, or other public or private 
     entity with a demonstrated record of success in implementing 
     activities described in this section; and
       ``(5) may include, among other programs and activities--
       ``(A) drug and violence prevention activities and programs 
     that are evidence-based (to the extent the State, in 
     consultation with local educational agencies in the State, 
     determines that such evidence is reasonably available) 
     including--
       ``(i) programs to educate students against the use of 
     alcohol, tobacco, marijuana, smokeless tobacco products, and 
     electronic cigarettes; and
       ``(ii) professional development and training for school and 
     specialized instructional support personnel and interested 
     community members in prevention, education, early 
     identification, intervention mentoring, recovery support 
     services and, where appropriate, rehabilitation referral, as 
     related to drug and violence prevention;
       ``(B) in accordance with sections 4001 and 4111--
       ``(i) school-based mental health services, including early 
     identification of mental health symptoms, drug use, and 
     violence, and appropriate referrals to direct individual or 
     group counseling services, which may be provided by school-
     based mental health services providers; and
       ``(ii) school-based mental health services partnership 
     programs that--

       ``(I) are conducted in partnership with a public or private 
     mental health entity or health care entity; and
       ``(II) provide comprehensive school-based mental health 
     services and supports and staff development for school and 
     community personnel working in the school that are--

       ``(aa) based on trauma-informed practices that are 
     evidence-based (to the extent the State, in consultation with 
     local educational agencies in the State, determines that such 
     evidence is reasonably available);
       ``(bb) coordinated (where appropriate) with early 
     intervening services provided under the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.); and
       ``(cc) provided by qualified mental and behavioral health 
     professionals who are certified or licensed by the State 
     involved and practicing within their area of expertise;

[[Page H8490]]

       ``(C) programs or activities that--
       ``(i) integrate health and safety practices into school or 
     athletic programs;
       ``(ii) support a healthy, active lifestyle, including 
     nutritional education and regular, structured physical 
     education activities and programs, that may address chronic 
     disease management with instruction led by school nurses, 
     nurse practitioners, or other appropriate specialists or 
     professionals to help maintain the well-being of students;
       ``(iii) help prevent bullying and harassment;
       ``(iv) improve instructional practices for developing 
     relationship-building skills, such as effective 
     communication, and improve safety through the recognition and 
     prevention of coercion, violence, or abuse, including teen 
     and dating violence, stalking, domestic abuse, and sexual 
     violence and harassment;
       ``(v) provide mentoring and school counseling to all 
     students, including children who are at risk of academic 
     failure, dropping out of school, involvement in criminal or 
     delinquent activities, or drug use and abuse;
       ``(vi) establish or improve school dropout and re-entry 
     programs; or
       ``(vii) establish learning environments and enhance 
     students' effective learning skills that are essential for 
     school readiness and academic success, such as by providing 
     integrated systems of student and family supports;
       ``(D) high-quality training for school personnel, including 
     specialized instructional support personnel, related to--
       ``(i) suicide prevention;
       ``(ii) effective and trauma-informed practices in classroom 
     management;
       ``(iii) crisis management and conflict resolution 
     techniques;
       ``(iv) human trafficking (defined, for purposes of this 
     subparagraph, as an act or practice described in paragraph 
     (9) or (10) of section 103 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102));
       ``(v) school-based violence prevention strategies;
       ``(vi) drug abuse prevention, including educating children 
     facing substance abuse at home; and
       ``(vii) bullying and harassment prevention;
       ``(E) in accordance with sections 4001 and 4111, child 
     sexual abuse awareness and prevention programs or activities, 
     such as programs or activities designed to provide--
       ``(i) age-appropriate and developmentally-appropriate 
     instruction for students in child sexual abuse awareness and 
     prevention, including how to recognize child sexual abuse and 
     how to safely report child sexual abuse; and
       ``(ii) information to parents and guardians of students 
     about child sexual abuse awareness and prevention, including 
     how to recognize child sexual abuse and how to discuss child 
     sexual abuse with a child;
       ``(F) designing and implementing a locally-tailored plan to 
     reduce exclusionary discipline practices in elementary and 
     secondary schools that--
       ``(i) is consistent with best practices;
       ``(ii) includes strategies that are evidence-based (to the 
     extent the State, in consultation with local educational 
     agencies in the State, determines that such evidence is 
     reasonably available); and
       ``(iii) is aligned with the long-term goal of prison 
     reduction through opportunities, mentoring, intervention, 
     support, and other education services, referred to as a 
     `youth PROMISE plan'; or
       ``(G) implementation of schoolwide positive behavioral 
     interventions and supports, including through coordination 
     with similar activities carried out under the Individuals 
     with Disabilities Education Act (20 U.S.C. 1400 et seq.), in 
     order to improve academic outcomes and school conditions for 
     student learning;
       ``(H) designating a site resource coordinator at a school 
     or local educational agency to provide a variety of services, 
     such as--
       ``(i) establishing partnerships within the community to 
     provide resources and support for schools;
       ``(ii) ensuring that all service and community partners are 
     aligned with the academic expectations of a community school 
     in order to improve student success; and
       ``(iii) strengthening relationships between schools and 
     communities; or
       ``(I) pay for success initiatives aligned with the purposes 
     of this section.

     ``SEC. 4109. ACTIVITIES TO SUPPORT THE EFFECTIVE USE OF 
                   TECHNOLOGY.

       ``(a) Uses of Funds.--Subject to section 4106(f), each 
     local educational agency, or consortium of such agencies, 
     that receives an allocation under section 4015(a) shall use a 
     portion of such funds to improve the use of technology to 
     improve the academic achievement, academic growth, and 
     digital literacy of all students, including by meeting the 
     needs of such agency or consortium that are identified in the 
     needs assessment conducted under section 4106(d) (if 
     applicable), which may include--
       ``(1) providing educators, school leaders, and 
     administrators with the professional learning tools, devices, 
     content, and resources to--
       ``(A) personalize learning to improve student academic 
     achievement;
       ``(B) discover, adapt, and share relevant high-quality 
     educational resources;
       ``(C) use technology effectively in the classroom, 
     including by administering computer-based assessments and 
     blended learning strategies; and
       ``(D) implement and support school- and district-wide 
     approaches for using technology to inform instruction, 
     support teacher collaboration, and personalize learning;
       ``(2) building technological capacity and infrastructure, 
     which may include--
       ``(A) procuring content and ensuring content quality; and
       ``(B) purchasing devices, equipment, and software 
     applications in order to address readiness shortfalls;
       ``(3) developing or using effective or innovative 
     strategies for the delivery of specialized or rigorous 
     academic courses and curricula through the use of technology, 
     including digital learning technologies and assistive 
     technology;
       ``(4) carrying out blended learning projects, which shall 
     include--
       ``(A) planning activities, which may include development of 
     new instructional models (including blended learning 
     technology software and platforms), the purchase of digital 
     instructional resources, initial professional development 
     activities, and one-time information technology purchases, 
     except that such expenditures may not include expenditures 
     related to significant construction or renovation of 
     facilities; or
       ``(B) ongoing professional development for teachers, 
     principals, other school leaders, or other personnel involved 
     in the project that is designed to support the implementation 
     and academic success of the project;
       ``(5) providing professional development in the use of 
     technology (which may be provided through partnerships with 
     outside organizations) to enable teachers and instructional 
     leaders to increase student achievement in the areas of 
     science, technology, engineering, and mathematics, including 
     computer science; and
       ``(6) providing students in rural, remote, and underserved 
     areas with the resources to take advantage of high-quality 
     digital learning experiences, digital resources, and access 
     to online courses taught by effective educators.
       ``(b) Special Rule.--A local educational agency, or 
     consortium of such agencies, shall not use more than 15 
     percent of funds for purchasing technology infrastructure as 
     described in subsection (a)(2)(B), which shall include 
     technology infrastructure purchased for the activities under 
     subsection (a)(4)(A).

     ``SEC. 4110. SUPPLEMENT, NOT SUPPLANT.

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

     ``SEC. 4111. RULE OF CONSTRUCTION.

       ``Nothing in this subpart may be construed to--
       ``(1) authorize activities or programming that encourages 
     teenage sexual activity; or
       ``(2) prohibit effective activities or programming that 
     meet the requirements of section 8526.

     ``SEC. 4112. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out this subpart $1,650,000,000 for fiscal year 2017 
     and $1,600,000,000 for each of fiscal years 2018 through 
     2020.
       ``(b) Forward Funding.--Section 420 of the General 
     Education Provisions Act (20 U.S.C. 1223) shall apply to this 
     subpart.''.

            PART B--21ST CENTURY COMMUNITY LEARNING CENTERS

     SEC. 4201. 21ST CENTURY COMMUNITY LEARNING CENTERS.

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

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

     ``SEC. 4201. PURPOSE; DEFINITIONS.

       ``(a) Purpose.--The purpose of this part is to provide 
     opportunities for communities to establish or expand 
     activities in community learning centers that--
       ``(1) provide opportunities for academic enrichment, 
     including providing tutorial services to help students, 
     particularly students who attend low-performing schools, to 
     meet the challenging State academic standards;
       ``(2) offer students a broad array of additional services, 
     programs, and activities, such as youth development 
     activities, service learning, nutrition and health education, 
     drug and violence prevention programs, counseling programs, 
     arts, music, physical fitness and wellness programs, 
     technology education programs, financial literacy programs, 
     environmental literacy programs, mathematics, science, career 
     and technical programs, internship or apprenticeship 
     programs, and other ties to an in-demand industry sector or 
     occupation for high school students that are designed to 
     reinforce and complement the regular academic program of 
     participating students; and
       ``(3) offer families of students served by community 
     learning centers opportunities for active and meaningful 
     engagement in their children's education, including 
     opportunities for literacy and related educational 
     development.
       ``(b) Definitions.--In this part:
       ``(1) Community learning center.--The term `community 
     learning center' means an entity that--
       ``(A) assists students to meet the challenging State 
     academic standards by providing the students with academic 
     enrichment activities and a broad array of other activities 
     (such as programs and activities described in subsection 
     (a)(2)) during nonschool hours or periods when school is not 
     in session (such as before and after school or during summer 
     recess) that--
       ``(i) reinforce and complement the regular academic 
     programs of the schools attended by the students served; and
       ``(ii) are targeted to the students' academic needs and 
     aligned with the instruction students receive during the 
     school day; and
       ``(B) offers families of students served by such center 
     opportunities for active and meaningful engagement in their 
     children's education, including opportunities for literacy 
     and related educational development.
       ``(2) Covered program.--The term `covered program' means a 
     program for which--
       ``(A) the Secretary made a grant under this part (as this 
     part was in effect on the day before the effective date of 
     this part under the Every Student Succeeds Act); and

[[Page H8491]]

       ``(B) the grant period had not ended on that effective 
     date.
       ``(3) Eligible entity.--The term `eligible entity' means a 
     local educational agency, community-based organization, 
     Indian tribe or tribal organization (as such terms are 
     defined in section 4 of the Indian Self-Determination and 
     Education Act (25 U.S.C. 450b)), another public or private 
     entity, or a consortium of 2 or more such agencies, 
     organizations, or entities.
       ``(4) External organization.--The term `external 
     organization' means--
       ``(A) a nonprofit organization with a record of success in 
     running or working with before and after school (or summer 
     recess) programs and activities; or
       ``(B) in the case of a community where there is no such 
     organization, a nonprofit organization in the community that 
     enters into a written agreement or partnership with an 
     organization described in subparagraph (A) to receive 
     mentoring and guidance in running or working with before and 
     after school (or summer recess) programs and activities.
       ``(5) Rigorous peer-review process.--The term `rigorous 
     peer-review process' means a process by which--
       ``(A) employees of a State educational agency who are 
     familiar with the programs and activities assisted under this 
     part review all applications that the State receives for 
     awards under this part for completeness and applicant 
     eligibility;
       ``(B) the State educational agency selects peer reviewers 
     for such applications, who shall--
       ``(i) be selected for their expertise in providing 
     effective academic, enrichment, youth development, and 
     related services to children; and
       ``(ii) not include any applicant, or representative of an 
     applicant, that has submitted an application under this part 
     for the current application period; and
       ``(C) the peer reviewers described in subparagraph (B) 
     review and rate the applications to determine the extent to 
     which the applications meet the requirements under sections 
     4204(b) and 4205.
       ``(6) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.

     ``SEC. 4202. ALLOTMENTS TO STATES.

       ``(a) Reservation.--From the funds appropriated under 
     section 4206 for any fiscal year, the Secretary shall 
     reserve--
       ``(1) such amounts as may be necessary to make continuation 
     awards to subgrant recipients under covered programs (under 
     the terms of those grants);
       ``(2) not more than 1 percent for national activities, 
     which the Secretary may carry out directly or through grants 
     and contracts, such as providing technical assistance to 
     eligible entities carrying out programs under this part or 
     conducting a national evaluation; and
       ``(3) not more than 1 percent for payments to the outlying 
     areas and the Bureau of Indian Education, to be allotted in 
     accordance with their respective needs for assistance under 
     this part, as determined by the Secretary, to enable the 
     outlying areas and the Bureau to carry out the purpose of 
     this part.
       ``(b) State Allotments.--
       ``(1) Determination.--From the funds appropriated under 
     section 4206 for any fiscal year and remaining after the 
     Secretary makes reservations under subsection (a), the 
     Secretary shall allot to each State for the fiscal year an 
     amount that bears the same relationship to the remainder as 
     the amount the State received under subpart 2 of part A of 
     title I for the preceding fiscal year bears to the amount all 
     States received under that subpart for the preceding fiscal 
     year, except that no State shall receive less than an amount 
     equal to one-half of 1 percent of the total amount made 
     available to all States under this subsection.
       ``(2) Reallotment of unused funds.--If a State does not 
     receive an allotment under this part for a fiscal year, the 
     Secretary shall reallot the amount of the State's allotment 
     to the remaining States in accordance with this part.
       ``(c) State Use of Funds.--
       ``(1) In general.--Each State that receives an allotment 
     under this part shall reserve not less than 93 percent of the 
     amount allotted to such State under subsection (b), for each 
     fiscal year for awards to eligible entities under section 
     4204.
       ``(2) State administration.--A State educational agency may 
     use not more than 2 percent of the amount made available to 
     the State under subsection (b) for--
       ``(A) the administrative costs of carrying out its 
     responsibilities under this part;
       ``(B) establishing and implementing a rigorous peer-review 
     process for subgrant applications described in section 
     4204(b) (including consultation with the Governor and other 
     State agencies responsible for administering youth 
     development programs and adult learning activities); and
       ``(C) awarding of funds to eligible entities (in 
     consultation with the Governor and other State agencies 
     responsible for administering youth development programs and 
     adult learning activities).
       ``(3) State activities.--A State educational agency may use 
     not more than 5 percent of the amount made available to the 
     State under subsection (b) for the following activities:
       ``(A) Monitoring and evaluating programs and activities 
     assisted under this part.
       ``(B) Providing capacity building, training, and technical 
     assistance under this part.
       ``(C) Conducting a comprehensive evaluation (directly, or 
     through a grant or contract) of the effectiveness of programs 
     and activities assisted under this part.
       ``(D) Providing training and technical assistance to 
     eligible entities that are applicants for or recipients of 
     awards under this part.
       ``(E) Ensuring that any eligible entity that receives an 
     award under this part from the State aligns the activities 
     provided by the program with the challenging State academic 
     standards.
       ``(F) Ensuring that any such eligible entity identifies and 
     partners with external organizations, if available, in the 
     community.
       ``(G) Working with teachers, principals, parents, the local 
     workforce, the local community, and other stakeholders to 
     review and improve State policies and practices to support 
     the implementation of effective programs under this part.
       ``(H) Coordinating funds received under this part with 
     other Federal and State funds to implement high-quality 
     programs.
       ``(I) Providing a list of prescreened external 
     organizations, as described under section 4203(a)(11).

     ``SEC. 4203. STATE APPLICATION.

       ``(a) In General.--In order to receive an allotment under 
     section 4202 for any fiscal year, a State shall submit to the 
     Secretary, at such time as the Secretary may require, an 
     application that--
       ``(1) designates the State educational agency as the agency 
     responsible for the administration and supervision of 
     programs assisted under this part;
       ``(2) describes how the State educational agency will use 
     funds received under this part, including funds reserved for 
     State-level activities;
       ``(3) contains an assurance that the State educational 
     agency--
       ``(A) will make awards under this part to eligible entities 
     that serve--
       ``(i) students who primarily attend--

       ``(I) schools implementing comprehensive support and 
     improvement activities or targeted support and improvement 
     activities under section 1111(d); and
       ``(II) other schools determined by the local educational 
     agency to be in need of intervention and support; and

       ``(ii) the families of such students; and
       ``(B) will further give priority to eligible entities that 
     propose in the application to serve students described in 
     subclauses (I) and (II) of section 4204(i)(1)(A)(i);
       ``(4) describes the procedures and criteria the State 
     educational agency will use for reviewing applications and 
     awarding funds to eligible entities on a competitive basis, 
     which shall include procedures and criteria that take into 
     consideration the likelihood that a proposed community 
     learning center will help participating students meet the 
     challenging State academic standards and any local academic 
     standards;
       ``(5) describes how the State educational agency will 
     ensure that awards made under this part are--
       ``(A) of sufficient size and scope to support high-quality, 
     effective programs that are consistent with the purpose of 
     this part; and
       ``(B) in amounts that are consistent with section 4204(h);
       ``(6) describes the steps the State educational agency will 
     take to ensure that programs implement effective strategies, 
     including providing ongoing technical assistance and 
     training, evaluation, dissemination of promising practices, 
     and coordination of professional development for staff in 
     specific content areas and youth development;
       ``(7) describes how programs under this part will be 
     coordinated with programs under this Act, and other programs 
     as appropriate;
       ``(8) contains an assurance that the State educational 
     agency--
       ``(A) will make awards for programs for a period of not 
     less than 3 years and not more than 5 years; and
       ``(B) will require each eligible entity seeking such an 
     award to submit a plan describing how the activities to be 
     funded through the award will continue after funding under 
     this part ends;
       ``(9) contains an assurance that funds appropriated to 
     carry out this part will be used to supplement, and not 
     supplant, other Federal, State, and local public funds 
     expended to provide programs and activities authorized under 
     this part and other similar programs;
       ``(10) contains an assurance that the State educational 
     agency will require eligible entities to describe in their 
     applications under section 4204(b) how the transportation 
     needs of participating students will be addressed;
       ``(11) describes how the State will--
       ``(A) prescreen external organizations that could provide 
     assistance in carrying out the activities under this part; 
     and
       ``(B) develop and make available to eligible entities a 
     list of external organizations that successfully completed 
     the prescreening process;
       ``(12) provides--
       ``(A) an assurance that the application was developed in 
     consultation and coordination with appropriate State 
     officials, including the chief State school officer, and 
     other State agencies administering before and after school 
     (or summer recess) programs and activities, the heads of the 
     State health and mental health agencies or their designees, 
     statewide after-school networks (where applicable) and 
     representatives of teachers, local educational agencies, and 
     community-based organizations; and
       ``(B) a description of any other representatives of 
     teachers, parents, students, or the business community that 
     the State has selected to assist in the development of the 
     application, if applicable;
       ``(13) describes the results of the State's needs and 
     resources assessment for before and after school (or summer 
     recess) programs and activities, which shall be based on the 
     results of on-going State evaluation activities;
       ``(14) describes how the State educational agency will 
     evaluate the effectiveness of programs and activities carried 
     out under this part, which shall include, at a minimum--
       ``(A) a description of the performance indicators and 
     performance measures that will be used to evaluate programs 
     and activities with emphasis on alignment with the regular 
     academic program of the school and the academic needs of

[[Page H8492]]

     participating students, including performance indicators and 
     measures that--
       ``(i) are able to track student success and improvement 
     over time;
       ``(ii) include State assessment results and other 
     indicators of student success and improvement, such as 
     improved attendance during the school day, better classroom 
     grades, regular (or consistent) program attendance, and on-
     time advancement to the next grade level; and
       ``(iii) for high school students, may include indicators 
     such as career competencies, successful completion of 
     internships or apprenticeships, or work-based learning 
     opportunities;
       ``(B) a description of how data collected for the purposes 
     of subparagraph (A) will be collected; and
       ``(C) public dissemination of the evaluations of programs 
     and activities carried out under this part; and
       ``(15) provides for timely public notice of intent to file 
     an application and an assurance that the application will be 
     available for public review after submission.
       ``(b) Deemed Approval.--An application submitted by a State 
     educational agency pursuant to subsection (a) shall be deemed 
     to be approved by the Secretary unless the Secretary makes a 
     written determination, prior to the expiration of the 120-day 
     period beginning on the date on which the Secretary received 
     the application, that the application is not in compliance 
     with this part.
       ``(c) Disapproval.--The Secretary shall not finally 
     disapprove the application, except after giving the State 
     educational agency notice and an opportunity for a hearing.
       ``(d) Notification.--If the Secretary finds that the 
     application is not in compliance, in whole or in part, with 
     this part, the Secretary shall--
       ``(1) give the State educational agency notice and an 
     opportunity for a hearing; and
       ``(2) notify the State educational agency of the finding of 
     noncompliance and, in such notification--
       ``(A) cite the specific provisions in the application that 
     are not in compliance; and
       ``(B) request additional information, only as to the 
     noncompliant provisions, needed to make the application 
     compliant.
       ``(e) Response.--If the State educational agency responds 
     to the Secretary's notification described in subsection 
     (d)(2) during the 45-day period beginning on the date on 
     which the agency received the notification, and resubmits the 
     application with the requested information described in 
     subsection (d)(2)(B), the Secretary shall approve or 
     disapprove such application prior to the later of--
       ``(1) the expiration of the 45-day period beginning on the 
     date on which the application is resubmitted; or
       ``(2) the expiration of the 120-day period described in 
     subsection (b).
       ``(f) Failure to Respond.--If the State educational agency 
     does not respond to the Secretary's notification described in 
     subsection (d)(2) during the 45-day period beginning on the 
     date on which the agency received the notification, such 
     application shall be deemed to be disapproved.
       ``(g) Limitation.--The Secretary may not give a priority or 
     a preference for States or eligible entities that seek to use 
     funds made available under this part to extend the regular 
     school day.

     ``SEC. 4204. LOCAL COMPETITIVE SUBGRANT PROGRAM.

       ``(a) In General.--
       ``(1) Community learning centers.--A State that receives 
     funds under this part for a fiscal year shall provide the 
     amount made available under section 4202(c)(1) to award 
     subgrants to eligible entities for community learning centers 
     in accordance with this part.
       ``(2) Expanded learning program activities.--A State that 
     receives funds under this part for a fiscal year may use 
     funds under section 4202(c)(1) to support those enrichment 
     and engaging academic activities described in section 4205(a) 
     that--
       ``(A) are included as part of an expanded learning program 
     that provides students at least 300 additional program hours 
     before, during, or after the traditional school day;
       ``(B) supplement but do not supplant regular school day 
     requirements; and
       ``(C) are carried out by entities that meet the 
     requirements of subsection (i).
       ``(b) Application.--
       ``(1) In general.--To be eligible to receive a subgrant 
     under this part, an eligible entity shall submit an 
     application to the State educational agency at such time, in 
     such manner, and including such information as the State 
     educational agency may reasonably require.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall include--
       ``(A) a description of the activities to be funded, 
     including--
       ``(i) an assurance that the program will take place in a 
     safe and easily accessible facility;
       ``(ii) a description of how students participating in the 
     program carried out by the community learning center will 
     travel safely to and from the center and home, if applicable; 
     and
       ``(iii) a description of how the eligible entity will 
     disseminate information about the community learning center 
     (including its location) to the community in a manner that is 
     understandable and accessible;
       ``(B) a description of how such activities are expected to 
     improve student academic achievement as well as overall 
     student success;
       ``(C) a demonstration of how the proposed program will 
     coordinate Federal, State, and local programs and make the 
     most effective use of public resources;
       ``(D) an assurance that the proposed program was developed 
     and will be carried out--
       ``(i) in active collaboration with the schools that 
     participating students attend (including through the sharing 
     of relevant data among the schools), all participants of the 
     eligible entity, and any partnership entities described in 
     subparagraph (H), in compliance with applicable laws relating 
     to privacy and confidentiality; and
       ``(ii) in alignment with the challenging State academic 
     standards and any local academic standards;
       ``(E) a description of how the activities will meet the 
     measures of effectiveness described in section 4205(b);
       ``(F) an assurance that the program will target students 
     who primarily attend schools eligible for schoolwide programs 
     under section 1114 and the families of such students;
       ``(G) an assurance that subgrant funds under this part will 
     be used to increase the level of State, local, and other non-
     Federal funds that would, in the absence of funds under this 
     part, be made available for programs and activities 
     authorized under this part, and in no case supplant Federal, 
     State, local, or non-Federal funds;
       ``(H) a description of the partnership between a local 
     educational agency, a community-based organization, and 
     another public entity or private entity, if appropriate;
       ``(I) an evaluation of the community needs and available 
     resources for the community learning center, and a 
     description of how the program proposed to be carried out in 
     the center will address those needs (including the needs of 
     working families);
       ``(J) a demonstration that the eligible entity will use 
     best practices, including research or evidence-based 
     practices, to provide educational and related activities that 
     will complement and enhance academic performance, 
     achievement, postsecondary and workforce preparation, and 
     positive youth development of the students;
       ``(K) a description of a preliminary plan for how the 
     community learning center will continue after funding under 
     this part ends;
       ``(L) an assurance that the community will be given notice 
     of an intent to submit an application and that the 
     application and any waiver request will be available for 
     public review after submission of the application;
       ``(M) if the eligible entity plans to use volunteers in 
     activities carried out through the community learning center, 
     a description of how the eligible entity will encourage and 
     use appropriately qualified persons to serve as the 
     volunteers; and
       ``(N) such other information and assurances as the State 
     educational agency may reasonably require.
       ``(c) Approval of Certain Applications.--The State 
     educational agency may approve an application under this part 
     for a program to be located in a facility other than an 
     elementary school or secondary school only if the program 
     will be at least as available and accessible to the students 
     to be served as if the program were located in an elementary 
     school or secondary school.
       ``(d) Permissive Local Match.--
       ``(1) In general.--A State educational agency may require 
     an eligible entity to match subgrant funds awarded under this 
     part, except that such match may not exceed the amount of the 
     subgrant and may not be derived from other Federal or State 
     funds.
       ``(2) Sliding scale.--The amount of a match under paragraph 
     (1) shall be established based on a sliding scale that takes 
     into account--
       ``(A) the relative poverty of the population to be targeted 
     by the eligible entity; and
       ``(B) the ability of the eligible entity to obtain such 
     matching funds.
       ``(3) In-kind contributions.--Each State educational agency 
     that requires an eligible entity to match funds under this 
     subsection shall permit the eligible entity to provide all or 
     any portion of such match in the form of in-kind 
     contributions.
       ``(4) Consideration.--Notwithstanding this subsection, a 
     State educational agency shall not consider an eligible 
     entity's ability to match funds when determining which 
     eligible entities will receive subgrants under this part.
       ``(e) Peer Review.--In reviewing local applications under 
     this part, a State educational agency shall use a rigorous 
     peer-review process or other methods to ensure the quality of 
     funded projects.
       ``(f) Geographic Diversity.--To the extent practicable, a 
     State educational agency shall distribute subgrant funds 
     under this part equitably among geographic areas within the 
     State, including urban and rural communities.
       ``(g) Duration of Awards.--A subgrant awarded under this 
     part shall be awarded for a period of not less than 3 years 
     and not more than 5 years.
       ``(h) Amount of Awards.--A subgrant awarded under this part 
     may not be made in an amount that is less than $50,000.
       ``(i) Priority.--
       ``(1) In general.--In awarding subgrants under this part, a 
     State educational agency shall give priority to 
     applications--
       ``(A) proposing to target services to--
       ``(i) students who primarily attend schools that--

       ``(I) are implementing comprehensive support and 
     improvement activities or targeted support and improvement 
     activities under section 1111(d) or other schools determined 
     by the local educational agency to be in need of intervention 
     and support to improve student academic achievement and other 
     outcomes; and
       ``(II) enroll students who may be at risk for academic 
     failure, dropping out of school, involvement in criminal or 
     delinquent activities, or who lack strong positive role 
     models; and

       ``(ii) the families of students described in clause (i);
       ``(B) submitted jointly by eligible entities consisting of 
     not less than 1--
       ``(i) local educational agency receiving funds under part A 
     of title I; and

[[Page H8493]]

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

     ``SEC. 4205. LOCAL ACTIVITIES.

       ``(a) Authorized Activities.--Each eligible entity that 
     receives an award under section 4204 may use the award funds 
     to carry out a broad array of activities that advance student 
     academic achievement and support student success, including--
       ``(1) academic enrichment learning programs, mentoring 
     programs, remedial education activities, and tutoring 
     services, that are aligned with--
       ``(A) the challenging State academic standards and any 
     local academic standards; and
       ``(B) local curricula that are designed to improve student 
     academic achievement;
       ``(2) well-rounded education activities, including such 
     activities that enable students to be eligible for credit 
     recovery or attainment;
       ``(3) literacy education programs, including financial 
     literacy programs and environmental literacy programs;
       ``(4) programs that support a healthy and active lifestyle, 
     including nutritional education and regular, structured 
     physical activity programs;
       ``(5) services for individuals with disabilities;
       ``(6) programs that provide after-school activities for 
     students who are English learners that emphasize language 
     skills and academic achievement;
       ``(7) cultural programs;
       ``(8) telecommunications and technology education programs;
       ``(9) expanded library service hours;
       ``(10) parenting skills programs that promote parental 
     involvement and family literacy;
       ``(11) programs that provide assistance to students who 
     have been truant, suspended, or expelled to allow the 
     students to improve their academic achievement;
       ``(12) drug and violence prevention programs and counseling 
     programs;
       ``(13) programs that build skills in science, technology, 
     engineering, and mathematics (referred to in this paragraph 
     as `STEM'), including computer science, and that foster 
     innovation in learning by supporting nontraditional STEM 
     education teaching methods; and
       ``(14) programs that partner with in-demand fields of the 
     local workforce or build career competencies and career 
     readiness and ensure that local workforce and career 
     readiness skills are aligned with the Carl D. Perkins Career 
     and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) 
     and the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3101 et seq.).
       ``(b) Measures of Effectiveness.--
       ``(1) In general.--For a program or activity developed 
     pursuant to this part to meet the measures of effectiveness, 
     monitored by the State educational agency as described in 
     section 4203(a)(14), such program or activity shall--
       ``(A) be based upon an assessment of objective data 
     regarding the need for before and after school (or summer 
     recess) programs and activities in the schools and 
     communities;
       ``(B) be based upon an established set of performance 
     measures aimed at ensuring the availability of high-quality 
     academic enrichment opportunities;
       ``(C) if appropriate, be based upon evidence-based research 
     that the program or activity will help students meet the 
     challenging State academic standards and any local academic 
     standards;
       ``(D) ensure that measures of student success align with 
     the regular academic program of the school and the academic 
     needs of participating students and include performance 
     indicators and measures described in section 4203(a)(14)(A); 
     and
       ``(E) collect the data necessary for the measures of 
     student success described in subparagraph (D).
       ``(2) Periodic evaluation.--
       ``(A) In general.--The program or activity shall undergo a 
     periodic evaluation in conjunction with the State educational 
     agency's overall evaluation plan as described in section 
     4203(a)(14), to assess the program's progress toward 
     achieving the goal of providing high-quality opportunities 
     for academic enrichment and overall student success.
       ``(B) Use of results.--The results of evaluations under 
     subparagraph (A) shall be--
       ``(i) used to refine, improve, and strengthen the program 
     or activity, and to refine the performance measures;
       ``(ii) made available to the public upon request, with 
     public notice of such availability provided; and
       ``(iii) used by the State to determine whether a subgrant 
     is eligible to be renewed under section 4204(j).

     ``SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $1,000,000,000 for fiscal year 2017 and $1,100,000,000 
     for each of fiscal years 2018 through 2020.''.

     PART C--EXPANDING OPPORTUNITY THROUGH QUALITY CHARTER SCHOOLS

     SEC. 4301. CHARTER SCHOOLS.

       Part C of title IV (20 U.S.C. 7221 et seq.), as 
     redesignated by section 4001, is amended--
       (1) by striking sections 4301 through 4305, as redesignated 
     by section 4001, and inserting the following:

     ``SEC. 4301. PURPOSE.

       ``It is the purpose of this part to--
       ``(1) improve the United States education system and 
     education opportunities for all people in the United States 
     by supporting innovation in public education in public school 
     settings that prepare students to compete and contribute to 
     the global economy and a stronger Nation;
       ``(2) provide financial assistance for the planning, 
     program design, and initial implementation of charter 
     schools;
       ``(3) increase the number of high-quality charter schools 
     available to students across the United States;
       ``(4) evaluate the impact of charter schools on student 
     achievement, families, and communities, and share best 
     practices between charter schools and other public schools;
       ``(5) encourage States to provide support to charter 
     schools for facilities financing in an amount more nearly 
     commensurate to the amount States typically provide for 
     traditional public schools;
       ``(6) expand opportunities for children with disabilities, 
     English learners, and other traditionally underserved 
     students to attend charter schools and meet the challenging 
     State academic standards;
       ``(7) support efforts to strengthen the charter school 
     authorizing process to improve performance management, 
     including transparency, oversight and monitoring (including 
     financial audits), and evaluation of such schools; and
       ``(8) support quality, accountability, and transparency in 
     the operational performance of all authorized public 
     chartering agencies, including State educational agencies, 
     local educational agencies, and other authorizing entities.

     ``SEC. 4302. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary may carry out a charter 
     school program that supports charter schools that serve early 
     childhood, elementary school, or secondary school students 
     by--
       ``(1) supporting the startup of new charter schools, the 
     replication of high-quality charter schools, and the 
     expansion of high-quality charter schools;
       ``(2) assisting charter schools in accessing credit to 
     acquire and renovate facilities for school use; and
       ``(3) carrying out national activities to support--
       ``(A) the activities described in paragraph (1);
       ``(B) the dissemination of best practices of charter 
     schools for all schools;
       ``(C) the evaluation of the impact of the charter school 
     program under this part on schools participating in such 
     program; and
       ``(D) stronger charter school authorizing practices.
       ``(b) Funding Allotment.--From the amount made available 
     under section 4311 for a fiscal year, the Secretary shall--
       ``(1) reserve 12.5 percent to support charter school 
     facilities assistance under section 4304;
       ``(2) reserve 22.5 percent to carry out national activities 
     under section 4305; and
       ``(3) use the remaining amount after the reservations under 
     paragraphs (1) and (2) to carry out section 4303.
       ``(c) Prior Grants and Subgrants.--The recipient of a grant 
     or subgrant under part B of title V (as such part was in 
     effect on the day before the date of enactment of the Every 
     Student Succeeds Act) shall continue to receive funds in 
     accordance with the terms and conditions of such grant or 
     subgrant.

     ``SEC. 4303. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.

       ``(a) State Entity Defined.--For purposes of this section, 
     the term `State entity' means--
       ``(1) a State educational agency;
       ``(2) a State charter school board;
       ``(3) a Governor of a State; or
       ``(4) a charter school support organization.
       ``(b) Program Authorized.--From the amount available under 
     section 4302(b)(3), the Secretary shall award, on a 
     competitive basis, grants to State entities having 
     applications approved under subsection (f) to enable such 
     entities to--
       ``(1) award subgrants to eligible applicants to enable 
     eligible applicants to--
       ``(A) open and prepare for the operation of new charter 
     schools;
       ``(B) open and prepare for the operation of replicated 
     high-quality charter schools; or
       ``(C) expand high-quality charter schools; and
       ``(2) provide technical assistance to eligible applicants 
     and authorized public chartering agencies in carrying out the 
     activities described in paragraph (1), and work with 
     authorized public chartering agencies in the State to improve 
     authorizing quality, including developing capacity for, and 
     conducting, fiscal oversight and auditing of charter schools.
       ``(c) State Entity Uses of Funds.--
       ``(1) In general.--A State entity receiving a grant under 
     this section shall--
       ``(A) use not less than 90 percent of the grant funds to 
     award subgrants to eligible applicants, in accordance with 
     the quality charter school program described in the State 
     entity's application pursuant to subsection (f), for the 
     purposes described in subsection (b)(1);

[[Page H8494]]

       ``(B) reserve not less than 7 percent of such funds to 
     carry out the activities described in subsection (b)(2); and
       ``(C) reserve not more than 3 percent of such funds for 
     administrative costs, which may include technical assistance.
       ``(2) Contracts and grants.--A State entity may use a grant 
     received under this section to carry out the activities 
     described in subsection (b)(2) directly or through grants, 
     contracts, or cooperative agreements.
       ``(3) Rule of construction.--
       ``(A) Use of lottery.--Nothing in this Act shall prohibit 
     the Secretary from awarding grants to State entities, or 
     prohibit State entities from awarding subgrants to eligible 
     applicants, that use a weighted lottery to give slightly 
     better chances for admission to all, or a subset of, 
     educationally disadvantaged students if--
       ``(i) the use of weighted lotteries in favor of such 
     students is not prohibited by State law, and such State law 
     is consistent with laws described in section 4310(2)(G); and
       ``(ii) such weighted lotteries are not used for the purpose 
     of creating schools exclusively to serve a particular subset 
     of students.
       ``(B) Students with special needs.--Nothing in this 
     paragraph shall be construed to prohibit schools from 
     specializing in providing specific services for students with 
     a demonstrated need for such services, such as students who 
     need specialized instruction in reading, spelling, or 
     writing.
       ``(d) Program Periods; Peer Review; Distribution of 
     Subgrants; Waivers.--
       ``(1) Program periods.--
       ``(A) Grants.--A grant awarded by the Secretary to a State 
     entity under this section shall be for a period of not more 
     than 5 years.
       ``(B) Subgrants.--A subgrant awarded by a State entity 
     under this section shall be for a period of not more than 5 
     years, of which an eligible applicant may use not more than 
     18 months for planning and program design.
       ``(2) Peer review.--The Secretary, and each State entity 
     awarding subgrants under this section, shall use a peer-
     review process to review applications for assistance under 
     this section.
       ``(3) Grant awards.--
       ``(A) In general.--The Secretary--
       ``(i) shall for each fiscal year for which funds are 
     appropriated under section 4311--

       ``(I) award not less than 3 grants under this section; and
       ``(II) fully obligate the first 2 years of funds 
     appropriated for the purpose of awarding grants under this 
     section in the first fiscal year for which such grants are 
     awarded; and

       ``(ii) prior to the start of the third year of the grant 
     period and each succeeding year of each grant awarded under 
     this section to a State entity--

       ``(I) shall review--

       ``(aa) whether the State entity is using the grant funds 
     for the agreed upon uses of funds; and
       ``(bb) whether the full amount of the grant will be needed 
     for the remainder of the grant period; and

       ``(II) may, as determined necessary based on that review, 
     terminate or reduce the amount of the grant and reallocate 
     the remaining grant funds to other State entities--

       ``(aa) by using such funds to award grants under this 
     section to other State entities; or
       ``(bb) in a fiscal year in which the amount of such 
     remaining funds is insufficient to award grants under item 
     (aa), in accordance with subparagraph (B).
       ``(B) Remaining funding.--For a fiscal year for which there 
     are remaining grant funds under this paragraph, but the 
     amount of such funds is insufficient to award a grant to a 
     State entity under this section, the Secretary shall use such 
     remaining grants funds--
       ``(i) to supplement funding for grants under section 
     4305(a)(2), but not to supplant--

       ``(I) the funds reserved under section 4305(a)(2); and
       ``(II) funds otherwise reserved under section 4302(b)(2) to 
     carry out national activities under section 4305;

       ``(ii) to award grants to State entities to carry out the 
     activities described in subsection (b)(1) for the next fiscal 
     year; or
       ``(iii) to award one year of a grant under subsection 
     (b)(1) to a high-scoring State entity, in an amount at or 
     above the minimum amount the State entity needs to be 
     successful for such year.
       ``(4) Diversity of projects.--Each State entity awarding 
     subgrants under this section shall award subgrants in a 
     manner that, to the extent practicable and applicable, 
     ensures that such subgrants--
       ``(A) are distributed throughout different areas, including 
     urban, suburban, and rural areas; and
       ``(B) will assist charter schools representing a variety of 
     educational approaches.
       ``(5) Waivers.--The Secretary may waive any statutory or 
     regulatory requirement over which the Secretary exercises 
     administrative authority, except any such requirement 
     relating to the elements of a charter school described in 
     section 4310(2), if--
       ``(A) the waiver is requested in an approved application 
     under this section; and
       ``(B) the Secretary determines that granting such waiver 
     will promote the purpose of this part.
       ``(e) Limitations.--
       ``(1) Grants.--No State entity may receive a grant under 
     this section for use in a State in which a State entity is 
     currently using a grant received under this section.
       ``(2) Subgrants.--An eligible applicant may not receive 
     more than 1 subgrant under this section for each individual 
     charter school for a 5-year period, unless the eligible 
     applicant demonstrates to the State entity that such 
     individual charter school has at least 3 years of improved 
     educational results for students enrolled in such charter 
     school with respect to the elements described in 
     subparagraphs (A) and (D) of section 4310(8).
       ``(f) Applications.--A State entity desiring to receive a 
     grant under this section shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require. The application shall include the following:
       ``(1) Description of program.--A description of the State 
     entity's objectives in running a quality charter school 
     program under this section and how the objectives of the 
     program will be carried out, including--
       ``(A) a description of how the State entity will--
       ``(i) support the opening of charter schools through the 
     startup of new charter schools and, if applicable, the 
     replication of high-quality charter schools, and the 
     expansion of high-quality charter schools (including the 
     proposed number of new charter schools to be opened, high-
     quality charter schools to be opened as a result of the 
     replication of a high-quality charter school, or high-quality 
     charter schools to be expanded under the State entity's 
     program);
       ``(ii) inform eligible charter schools, developers, and 
     authorized public chartering agencies of the availability of 
     funds under the program;
       ``(iii) work with eligible applicants to ensure that the 
     eligible applicants access all Federal funds that such 
     applicants are eligible to receive, and help the charter 
     schools supported by the applicants and the students 
     attending those charter schools--

       ``(I) participate in the Federal programs in which the 
     schools and students are eligible to participate;
       ``(II) receive the commensurate share of Federal funds the 
     schools and students are eligible to receive under such 
     programs; and
       ``(III) meet the needs of students served under such 
     programs, including students with disabilities and English 
     learners;

       ``(iv) ensure that authorized public chartering agencies, 
     in collaboration with surrounding local educational agencies 
     where applicable, establish clear plans and procedures to 
     assist students enrolled in a charter school that closes or 
     loses its charter to attend other high-quality schools;
       ``(v) in the case of a State entity that is not a State 
     educational agency--

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

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

       ``(I) is using funds provided under this section for one of 
     the activities described in subsection (b)(1); and
       ``(II) is prepared to continue to operate charter schools 
     funded under this section in a manner consistent with the 
     eligible applicant's application for such subgrant once the 
     subgrant funds under this section are no longer available;

       ``(vii) support--

       ``(I) charter schools in local educational agencies with a 
     significant number of schools identified by the State for 
     comprehensive support and improvement under section 
     1111(c)(4)(D)(i); and
       ``(II) the use of charter schools to improve struggling 
     schools, or to turn around struggling schools;

       ``(viii) work with charter schools on--

       ``(I) recruitment and enrollment practices to promote 
     inclusion of all students, including by eliminating any 
     barriers to enrollment for educationally disadvantaged 
     students (who include foster youth and unaccompanied homeless 
     youth); and
       ``(II) supporting all students once they are enrolled to 
     promote retention, including by reducing the overuse of 
     discipline practices that remove students from the classroom;

       ``(ix) share best and promising practices between charter 
     schools and other public schools;
       ``(x) ensure that charter schools receiving funds under the 
     State entity's program meet the educational needs of their 
     students, including children with disabilities and English 
     learners;
       ``(xi) support efforts to increase charter school quality 
     initiatives, including meeting the quality authorizing 
     elements described in paragraph (2)(D);
       ``(xii)(I) in the case of a State entity not described in 
     subclause (II), a description of how the State entity will 
     provide oversight of authorizing activity, including how the 
     State will help ensure better authorizing, such as by 
     establishing authorizing standards that may include 
     approving, monitoring, and re-approving or revoking the 
     authority of an authorized public chartering agency based on 
     the performance of the charter schools authorized by such 
     agency in the areas of student achievement, student safety, 
     financial and operational management, and compliance with all 
     applicable statutes and regulations; and
       ``(II) in the case of a State entity described in 
     subsection (a)(4), a description of how the State entity will 
     work with the State to support the State's system of 
     technical assistance and oversight, as described in subclause 
     (I), of the authorizing activity of authorized public 
     chartering agencies; and
       ``(xiii) work with eligible applicants receiving a subgrant 
     under the State entity's program to support the opening of 
     new charter schools or charter school models described in 
     clause (i) that are high schools;
       ``(B) a description of the extent to which the State 
     entity--
       ``(i) is able to meet and carry out the priorities 
     described in subsection (g)(2);
       ``(ii) is working to develop or strengthen a cohesive 
     statewide system to support the opening of new charter 
     schools and, if applicable, the

[[Page H8495]]

     replication of high-quality charter schools, and the 
     expansion of high-quality charter schools; and
       ``(iii) is working to develop or strengthen a cohesive 
     strategy to encourage collaboration between charter schools 
     and local educational agencies on the sharing of best 
     practices;
       ``(C) a description of how the State entity will award 
     subgrants, on a competitive basis, including--
       ``(i) a description of the application each eligible 
     applicant desiring to receive a subgrant will be required to 
     submit, which application shall include--

       ``(I) a description of the roles and responsibilities of 
     eligible applicants, partner organizations, and charter 
     management organizations, including the administrative and 
     contractual roles and responsibilities of such partners;
       ``(II) a description of the quality controls agreed to 
     between the eligible applicant and the authorized public 
     chartering agency involved, such as a contract or performance 
     agreement, how a school's performance in the State's 
     accountability system and impact on student achievement 
     (which may include student academic growth) will be one of 
     the most important factors for renewal or revocation of the 
     school's charter, and how the State entity and the authorized 
     public chartering agency involved will reserve the right to 
     revoke or not renew a school's charter based on financial, 
     structural, or operational factors involving the management 
     of the school;
       ``(III) a description of how the autonomy and flexibility 
     granted to a charter school is consistent with the definition 
     of a charter school in section 4310;
       ``(IV) a description of how the eligible applicant will 
     solicit and consider input from parents and other members of 
     the community on the implementation and operation of each 
     charter school that will receive funds under the State 
     entity's program;
       ``(V) a description of the eligible applicant's planned 
     activities and expenditures of subgrant funds to support the 
     activities described in subsection (b)(1), and how the 
     eligible applicant will maintain financial sustainability 
     after the end of the subgrant period; and
       ``(VI) a description of how the eligible applicant will 
     support the use of effective parent, family, and community 
     engagement strategies to operate each charter school that 
     will receive funds under the State entity's program; and

       ``(ii) a description of how the State entity will review 
     applications from eligible applicants;
       ``(D) in the case of a State entity that partners with an 
     outside organization to carry out the State entity's quality 
     charter school program, in whole or in part, a description of 
     the roles and responsibilities of the partner;
       ``(E) a description of how the State entity will ensure 
     that each charter school receiving funds under the State 
     entity's program has considered and planned for the 
     transportation needs of the school's students;
       ``(F) a description of how the State in which the State 
     entity is located addresses charter schools in the State's 
     open meetings and open records laws; and
       ``(G) a description of how the State entity will support 
     diverse charter school models, including models that serve 
     rural communities.
       ``(2) Assurances.--Assurances that--
       ``(A) each charter school receiving funds through the State 
     entity's program will have a high degree of autonomy over 
     budget and operations, including autonomy over personnel 
     decisions;
       ``(B) the State entity will support charter schools in 
     meeting the educational needs of their students, as described 
     in paragraph (1)(A)(x);
       ``(C) the State entity will ensure that the authorized 
     public chartering agency of any charter school that receives 
     funds under the State entity's program adequately monitors 
     each charter school under the authority of such agency in 
     recruiting, enrolling, retaining, and meeting the needs of 
     all students, including children with disabilities and 
     English learners;
       ``(D) the State entity will provide adequate technical 
     assistance to eligible applicants to meet the objectives 
     described in clause (viii) of paragraph (1)(A) and 
     subparagraph (B) of this paragraph;
       ``(E) the State entity will promote quality authorizing, 
     consistent with State law, such as through providing 
     technical assistance to support each authorized public 
     chartering agency in the State to improve such agency's 
     ability to monitor the charter schools authorized by the 
     agency, including by--
       ``(i) assessing annual performance data of the schools, 
     including, as appropriate, graduation rates, student academic 
     growth, and rates of student attrition;
       ``(ii) reviewing the schools' independent, annual audits of 
     financial statements prepared in accordance with generally 
     accepted accounting principles, and ensuring that any such 
     audits are publically reported; and
       ``(iii) holding charter schools accountable to the 
     academic, financial, and operational quality controls agreed 
     to between the charter school and the authorized public 
     chartering agency involved, such as through renewal, non-
     renewal, or revocation of the school's charter;
       ``(F) the State entity will work to ensure that charter 
     schools are included with the traditional public schools in 
     decisionmaking about the public school system in the State; 
     and
       ``(G) the State entity will ensure that each charter school 
     receiving funds under the State entity's program makes 
     publicly available, consistent with the dissemination 
     requirements of the annual State report card under section 
     1111(h), including on the website of the school, information 
     to help parents make informed decisions about the education 
     options available to their children, including--
       ``(i) information on the educational program;
       ``(ii) student support services;
       ``(iii) parent contract requirements (as applicable), 
     including any financial obligations or fees;
       ``(iv) enrollment criteria (as applicable); and
       ``(v) annual performance and enrollment data for each of 
     the subgroups of students, as defined in section 1111(c)(2), 
     except that such disaggregation of performance and enrollment 
     data shall not be required in a case in which the number of 
     students in a group is insufficient to yield statically 
     reliable information or the results would reveal personally 
     identifiable information about an individual student.
       ``(3) Requests for waivers.--Information about waivers, 
     including--
       ``(A) a request and justification for waivers of any 
     Federal statutory or regulatory provisions that the State 
     entity believes are necessary for the successful operation of 
     the charter schools that will receive funds under the State 
     entity's program under this section or, in the case of a 
     State entity defined in subsection (a)(4), a description of 
     how the State entity will work with the State to request such 
     necessary waivers, where applicable; and
       ``(B) a description of any State or local rules, generally 
     applicable to public schools, that will be waived, or 
     otherwise not apply to such schools.
       ``(g) Selection Criteria; Priority.--
       ``(1) Selection criteria.--The Secretary shall award grants 
     to State entities under this section on the basis of the 
     quality of the applications submitted under subsection (f), 
     after taking into consideration--
       ``(A) the degree of flexibility afforded by the State's 
     charter school law and how the State entity will work to 
     maximize the flexibility provided to charter schools under 
     such law;
       ``(B) the ambitiousness of the State entity's objectives 
     for the quality charter school program carried out under this 
     section;
       ``(C) the likelihood that the eligible applicants receiving 
     subgrants under the program will meet those objectives and 
     improve educational results for students;
       ``(D) the State entity's plan to--
       ``(i) adequately monitor the eligible applicants receiving 
     subgrants under the State entity's program;
       ``(ii) work with the authorized public chartering agencies 
     involved to avoid duplication of work for the charter schools 
     and authorized public chartering agencies; and
       ``(iii) provide technical assistance and support for--

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

       ``(E) the State entity's plan to solicit and consider input 
     from parents and other members of the community on the 
     implementation and operation of charter schools in the State.
       ``(2) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to a State entity to the extent 
     that the entity meets the following criteria:
       ``(A) The State entity is located in a State that--
       ``(i) allows at least one entity that is not a local 
     educational agency to be an authorized public chartering 
     agency for developers seeking to open a charter school in the 
     State; or
       ``(ii) in the case of a State in which local educational 
     agencies are the only authorized public chartering agencies, 
     the State has an appeals process for the denial of an 
     application for a charter school.
       ``(B) The State entity is located in a State that ensures 
     equitable financing, as compared to traditional public 
     schools, for charter schools and students in a prompt manner.
       ``(C) The State entity is located in a State that provides 
     charter schools one or more of the following:
       ``(i) Funding for facilities.
       ``(ii) Assistance with facilities acquisition.
       ``(iii) Access to public facilities.
       ``(iv) The ability to share in bonds or mill levies.
       ``(v) The right of first refusal to purchase public school 
     buildings.
       ``(vi) Low- or no-cost leasing privileges.
       ``(D) The State entity is located in a State that uses best 
     practices from charter schools to help improve struggling 
     schools and local educational agencies.
       ``(E) The State entity supports charter schools that serve 
     at-risk students through activities such as dropout 
     prevention, dropout recovery, or comprehensive career 
     counseling services.
       ``(F) The State entity has taken steps to ensure that all 
     authorizing public chartering agencies implement best 
     practices for charter school authorizing.
       ``(h) Local Uses of Funds.--An eligible applicant receiving 
     a subgrant under this section shall use such funds to support 
     the activities described in subsection (b)(1), which shall 
     include one or more of the following activities:
       ``(1) Preparing teachers, school leaders, and specialized 
     instructional support personnel, including through paying the 
     costs associated with--
       ``(A) providing professional development; and
       ``(B) hiring and compensating, during the eligible 
     applicant's planning period specified in the application for 
     subgrant funds that is required under this section, one or 
     more of the following:
       ``(i) Teachers.
       ``(ii) School leaders.
       ``(iii) Specialized instructional support personnel.
       ``(2) Acquiring supplies, training, equipment (including 
     technology), and educational materials (including developing 
     and acquiring instructional materials).
       ``(3) Carrying out necessary renovations to ensure that a 
     new school building complies with

[[Page H8496]]

     applicable statutes and regulations, and minor facilities 
     repairs (excluding construction).
       ``(4) Providing one-time, startup costs associated with 
     providing transportation to students to and from the charter 
     school.
       ``(5) Carrying out community engagement activities, which 
     may include paying the cost of student and staff recruitment.
       ``(6) Providing for other appropriate, non-sustained costs 
     related to the activities described in subsection (b)(1) when 
     such costs cannot be met from other sources.
       ``(i) Reporting Requirements.--Each State entity receiving 
     a grant under this section shall submit to the Secretary, at 
     the end of the third year of the 5-year grant period (or at 
     the end of the second year of the grant period if the grant 
     is less than 5 years), and at the end of such grant period, a 
     report that includes the following:
       ``(1) The number of students served by each subgrant 
     awarded under this section and, if applicable, the number of 
     new students served during each year of the period of the 
     subgrant.
       ``(2) A description of how the State entity met the 
     objectives of the quality charter school program described in 
     the State entity's application under subsection (f), 
     including--
       ``(A) how the State entity met the objective of sharing 
     best and promising practices described in subsection 
     (f)(1)(A)(ix) in areas such as instruction, professional 
     development, curricula development, and operations between 
     charter schools and other public schools; and
       ``(B) if known, the extent to which such practices were 
     adopted and implemented by such other public schools.
       ``(3) The number and amount of subgrants awarded under this 
     section to carry out activities described in each of 
     subparagraphs (A) through (C) of subsection (b)(1).
       ``(4) A description of--
       ``(A) how the State entity complied with, and ensured that 
     eligible applicants complied with, the assurances included in 
     the State entity's application; and
       ``(B) how the State entity worked with authorized public 
     chartering agencies, and how the agencies worked with the 
     management company or leadership of the schools that received 
     subgrant funds under this section, if applicable.

     ``SEC. 4304. FACILITIES FINANCING ASSISTANCE.

       ``(a) Grants to Eligible Entities.--
       ``(1) In general.--From the amount reserved under section 
     4302(b)(1), the Secretary shall use not less than 50 percent 
     to award, on a competitive basis, not less than 3 grants to 
     eligible entities that have the highest-quality applications 
     approved under subsection (d), after considering the 
     diversity of such applications, to demonstrate innovative 
     methods of helping charter schools to address the cost of 
     acquiring, constructing, and renovating facilities by 
     enhancing the availability of loans or bond financing.
       ``(2) Eligible entity defined.--For the purposes of this 
     section, the term `eligible entity' means--
       ``(A) a public entity, such as a State or local 
     governmental entity;
       ``(B) a private nonprofit entity; or
       ``(C) a consortium of entities described in subparagraphs 
     (A) and (B).
       ``(b) Grantee Selection.--The Secretary shall evaluate each 
     application submitted under subsection (d), and shall 
     determine whether the application is sufficient to merit 
     approval.
       ``(c) Grant Characteristics.--Grants under subsection (a) 
     shall be of sufficient size, scope, and quality so as to 
     ensure an effective demonstration of an innovative means of 
     enhancing credit for the financing of charter school 
     acquisition, construction, or renovation.
       ``(d) Applications.--
       ``(1) In general.--An eligible entity desiring to receive a 
     grant under this section shall submit an application to the 
     Secretary in such form as the Secretary may reasonably 
     require.
       ``(2) Contents.--An application submitted under paragraph 
     (1) shall contain--
       ``(A) a statement identifying the activities that the 
     eligible entity proposes to carry out with funds received 
     under subsection (a), including how the eligible entity will 
     determine which charter schools will receive assistance, and 
     how much and what types of assistance charter schools will 
     receive;
       ``(B) a description of the involvement of charter schools 
     in the application's development and the design of the 
     proposed activities;
       ``(C) a description of the eligible entity's expertise in 
     capital market financing;
       ``(D) a description of how the proposed activities will 
     leverage the maximum amount of private-sector financing 
     capital relative to the amount of government funding used and 
     otherwise enhance credit available to charter schools, 
     including how the eligible entity will offer a combination of 
     rates and terms more favorable than the rates and terms that 
     a charter school could receive without assistance from the 
     eligible entity under this section;
       ``(E) a description of how the eligible entity possesses 
     sufficient expertise in education to evaluate the likelihood 
     of success of a charter school program for which facilities 
     financing is sought; and
       ``(F) in the case of an application submitted by a State 
     governmental entity, a description of the actions that the 
     eligible entity has taken, or will take, to ensure that 
     charter schools within the State receive the funding that 
     charter schools need to have adequate facilities.
       ``(e) Charter School Objectives.--An eligible entity 
     receiving a grant under subsection (a) shall use the funds 
     deposited in the reserve account established under subsection 
     (f) to assist one or more charter schools to access private-
     sector capital to accomplish one or more of the following 
     objectives:
       ``(1) The acquisition (by purchase, lease, donation, or 
     otherwise) of an interest (including an interest held by a 
     third party for the benefit of a charter school) in improved 
     or unimproved real property that is necessary to commence or 
     continue the operation of a charter school.
       ``(2) The construction of new facilities, or the 
     renovation, repair, or alteration of existing facilities, 
     necessary to commence or continue the operation of a charter 
     school.
       ``(3) The predevelopment costs required to assess sites for 
     purposes of paragraph (1) or (2) and that are necessary to 
     commence or continue the operation of a charter school.
       ``(f) Reserve Account.--
       ``(1) Use of funds.--To assist charter schools in 
     accomplishing the objectives described in subsection (e), an 
     eligible entity receiving a grant under subsection (a) shall, 
     in accordance with State and local law, directly or 
     indirectly, alone or in collaboration with others, deposit 
     the funds received under subsection (a) (other than funds 
     used for administrative costs in accordance with subsection 
     (g)) in a reserve account established and maintained by the 
     eligible entity for this purpose. Amounts deposited in such 
     account shall be used by the eligible entity for one or more 
     of the following purposes:
       ``(A) Guaranteeing, insuring, and reinsuring bonds, notes, 
     evidences of debt, loans, and interests therein, the proceeds 
     of which are used for an objective described in subsection 
     (e).
       ``(B) Guaranteeing and insuring leases of personal and real 
     property for an objective described in subsection (e).
       ``(C) Facilitating financing by identifying potential 
     lending sources, encouraging private lending, and other 
     similar activities that directly promote lending to, or for 
     the benefit of, charter schools.
       ``(D) Facilitating the issuance of bonds by charter 
     schools, or by other public entities for the benefit of 
     charter schools, by providing technical, administrative, and 
     other appropriate assistance (including the recruitment of 
     bond counsel, underwriters, and potential investors and the 
     consolidation of multiple charter school projects within a 
     single bond issue).
       ``(2) Investment.--Funds received under subsection (a) and 
     deposited in the reserve account established under paragraph 
     (1) shall be invested in obligations issued or guaranteed by 
     the United States or a State, or in other similarly low-risk 
     securities.
       ``(3) Reinvestment of earnings.--Any earnings on funds 
     received under subsection (a) shall be deposited in the 
     reserve account established under paragraph (1) and used in 
     accordance with this subsection.
       ``(g) Limitation on Administrative Costs.--An eligible 
     entity may use not more than 2.5 percent of the funds 
     received under subsection (a) for the administrative costs of 
     carrying out its responsibilities under this section 
     (excluding subsection (k)).
       ``(h) Audits and Reports.--
       ``(1) Financial record maintenance and audit.--The 
     financial records of each eligible entity receiving a grant 
     under subsection (a) shall be maintained in accordance with 
     generally accepted accounting principles and shall be subject 
     to an annual audit by an independent public accountant.
       ``(2) Reports.--
       ``(A) Grantee annual reports.--Each eligible entity 
     receiving a grant under subsection (a) shall submit to the 
     Secretary an annual report of the entity's operations and 
     activities under this section (excluding subsection (k)).
       ``(B) Contents.--Each annual report submitted under 
     subparagraph (A) shall include--
       ``(i) a copy of the most recent financial statements, and 
     any accompanying opinion on such statements, prepared by the 
     independent public accountant reviewing the financial records 
     of the eligible entity;
       ``(ii) a copy of any report made on an audit of the 
     financial records of the eligible entity that was conducted 
     under paragraph (1) during the reporting period;
       ``(iii) an evaluation by the eligible entity of the 
     effectiveness of its use of the Federal funds provided under 
     subsection (a) in leveraging private funds;
       ``(iv) a listing and description of the charter schools 
     served during the reporting period, including the amount of 
     funds used by each school, the type of project facilitated by 
     the grant, and the type of assistance provided to the charter 
     schools;
       ``(v) a description of the activities carried out by the 
     eligible entity to assist charter schools in meeting the 
     objectives set forth in subsection (e); and
       ``(vi) a description of the characteristics of lenders and 
     other financial institutions participating in the activities 
     carried out by the eligible entity under this section 
     (excluding subsection (k)) during the reporting period.
       ``(C) Secretarial report.--The Secretary shall review the 
     reports submitted under subparagraph (A) and shall provide a 
     comprehensive annual report to Congress on the activities 
     conducted under this section (excluding subsection (k)).
       ``(i) No Full Faith and Credit for Grantee Obligation.--No 
     financial obligation of an eligible entity entered into 
     pursuant to this section (such as an obligation under a 
     guarantee, bond, note, evidence of debt, or loan) shall be an 
     obligation of, or guaranteed in any respect by, the United 
     States. The full faith and credit of the United States is not 
     pledged to the payment of funds that may be required to be 
     paid under any obligation made by an eligible entity pursuant 
     to any provision of this section.
       ``(j) Recovery of Funds.--
       ``(1) In general.--The Secretary, in accordance with 
     chapter 37 of title 31, United States Code, shall collect--
       ``(A) all of the funds in a reserve account established by 
     an eligible entity under subsection (f)(1) if the Secretary 
     determines, not earlier than 2 years after the date on which 
     the eligible

[[Page H8497]]

     entity first received funds under subsection (a), that the 
     eligible entity has failed to make substantial progress in 
     carrying out the purposes described in subsection (f)(1); or
       ``(B) all or a portion of the funds in a reserve account 
     established by an eligible entity under subsection (f)(1) if 
     the Secretary determines that the eligible entity has 
     permanently ceased to use all or a portion of the funds in 
     such account to accomplish any purpose described in 
     subsection (f)(1).
       ``(2) Exercise of authority.--The Secretary shall not 
     exercise the authority provided in paragraph (1) to collect 
     from any eligible entity any funds that are being properly 
     used to achieve one or more of the purposes described in 
     subsection (f)(1).
       ``(3) Procedures.--The provisions of sections 451, 452, and 
     458 of the General Education Provisions Act shall apply to 
     the recovery of funds under paragraph (1).
       ``(4) Construction.--This subsection shall not be construed 
     to impair or affect the authority of the Secretary to recover 
     funds under part D of the General Education Provisions Act 
     (20 U.S.C. 1234 et seq.).
       ``(k) Per-Pupil Facilities Aid Program.--
       ``(1) Definition of per-pupil facilities aid program.--In 
     this subsection, the term `per-pupil facilities aid program' 
     means a program in which a State makes payments, on a per-
     pupil basis, to charter schools to provide the schools with 
     financing--
       ``(A) that is dedicated solely to funding charter school 
     facilities; or
       ``(B) a portion of which is dedicated for funding charter 
     school facilities.
       ``(2) Grants.--
       ``(A) In general.--From the amount reserved under section 
     4302(b)(1) and remaining after the Secretary makes grants 
     under subsection (a), the Secretary shall make grants, on a 
     competitive basis, to States to pay for the Federal share of 
     the cost of establishing or enhancing, and administering, 
     per-pupil facilities aid programs.
       ``(B) Period.--The Secretary shall award grants under this 
     subsection for periods of not more than 5 years.
       ``(C) Federal share.--The Federal share of the cost 
     described in subparagraph (A) for a per-pupil facilities aid 
     program shall be not more than--
       ``(i) 90 percent of the cost, for the first fiscal year for 
     which the program receives assistance under this subsection;
       ``(ii) 80 percent for the second such year;
       ``(iii) 60 percent for the third such year;
       ``(iv) 40 percent for the fourth such year; and
       ``(v) 20 percent for the fifth such year.
       ``(D) State share.--A State receiving a grant under this 
     subsection may partner with 1 or more organizations, and such 
     organizations may provide not more than 50 percent of the 
     State share of the cost of establishing or enhancing, and 
     administering, the per-pupil facilities aid program.
       ``(E) Multiple grants.--A State may receive more than 1 
     grant under this subsection, so long as the amount of total 
     funds provided to charter schools increases with each 
     successive grant.
       ``(3) Use of funds.--
       ``(A) In general.--A State that receives a grant under this 
     subsection shall use the funds made available through the 
     grant to establish or enhance, and administer, a per-pupil 
     facilities aid program for charter schools in the State of 
     the applicant.
       ``(B) Evaluations; technical assistance; dissemination.--
     From the amount made available to a State through a grant 
     under this subsection for a fiscal year, the State may 
     reserve not more than 5 percent to carry out evaluations, to 
     provide technical assistance, and to disseminate information.
       ``(C) Supplement, not supplant.--Funds made available under 
     this subsection shall be used to supplement, and not 
     supplant, State and local public funds expended to provide 
     per-pupil facilities aid programs, operations financing 
     programs, or other programs, for charter schools.
       ``(4) Requirements.--
       ``(A) Voluntary participation.--No State may be required to 
     participate in a program carried out under this subsection.
       ``(B) State law.--
       ``(i) In general.--To be eligible to receive a grant under 
     this subsection, a State shall establish or enhance, and 
     administer, a per-pupil facilities aid program for charter 
     schools in the State, that--

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

       ``(ii) Special rule.--A State that is required under State 
     law to provide its charter schools with access to adequate 
     facility space, but that does not have a per-pupil facilities 
     aid program for charter schools specified in State law, is 
     eligible to receive a grant under this subsection if the 
     State agrees to use the funds to develop a per-pupil 
     facilities aid program consistent with the requirements of 
     this subsection.
       ``(5) Applications.--To be eligible to receive a grant 
     under this subsection, a State shall submit an application to 
     the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require.

     ``SEC. 4305. NATIONAL ACTIVITIES.

       ``(a) In General.--From the amount reserved under section 
     4302(b)(2), the Secretary shall--
       ``(1) use not more than 80 percent of such funds to award 
     grants in accordance with subsection (b);
       ``(2) use not more than 9 percent of such funds to award 
     grants, on a competitive basis, to eligible applicants for 
     the purpose of carrying out the activities described in 
     section 4303(h) in a State that did not receive a grant under 
     section 4303; and
       ``(3) after the uses described in paragraphs (1) and (2), 
     use the remainder of such funds to--
       ``(A) disseminate technical assistance to--
       ``(i) State entities in awarding subgrants under section 
     4303(b)(1); and
       ``(ii) eligible entities and States receiving grants under 
     section 4304;
       ``(B) disseminate best practices regarding charter schools; 
     and
       ``(C) evaluate the impact of the charter school program 
     carried out under this part, including the impact on student 
     achievement.
       ``(b) Grants for the Replication and Expansion of High-
     quality Charter Schools.--
       ``(1) In general.--The Secretary shall make grants, on a 
     competitive basis, to eligible entities having applications 
     approved under paragraph (3) to enable such entities to open 
     and prepare for the operation of one or more replicated high-
     quality charter schools or to expand one or more high-quality 
     charter schools.
       ``(2) Definition of eligible entity.--For purposes of this 
     subsection, the term `eligible entity' means a charter 
     management organization.
       ``(3) Application requirements.--An eligible entity 
     desiring to receive a grant under this subsection shall 
     submit an application to the Secretary at such time and in 
     such manner as the Secretary may require. The application 
     shall include the following:
       ``(A) Existing charter school data.--For each charter 
     school currently operated or managed by the eligible entity--
       ``(i) student assessment results for all students and for 
     each subgroup of students described in section 1111(c)(2);
       ``(ii) attendance and student retention rates for the most 
     recently completed school year and, if applicable, the most 
     recent available 4-year adjusted cohort graduation rates and 
     extended-year adjusted cohort graduation rates; and
       ``(iii) information on any significant compliance and 
     management issues encountered within the last 3 school years 
     by any school operated or managed by the eligible entity, 
     including in the areas of student safety and finance.
       ``(B) Descriptions.--A description of--
       ``(i) the eligible entity's objectives for implementing a 
     high-quality charter school program with funding under this 
     subsection, including a description of the proposed number of 
     high-quality charter schools the eligible entity proposes to 
     open as a result of the replication of a high-quality charter 
     school or to expand with funding under this subsection;
       ``(ii) the educational program that the eligible entity 
     will implement in such charter schools, including--

       ``(I) information on how the program will enable all 
     students to meet the challenging State academic standards;
       ``(II) the grade levels or ages of students who will be 
     served; and
       ``(III) the instructional practices that will be used;

       ``(iii) how the operation of such charter schools will be 
     sustained after the grant under this subsection has ended, 
     which shall include a multi-year financial and operating 
     model for the eligible entity;
       ``(iv) how the eligible entity will ensure that such 
     charter schools will recruit and enroll students, including 
     children with disabilities, English learners, and other 
     educationally disadvantaged students; and
       ``(v) any request and justification for any waivers of 
     Federal statutory or regulatory requirements that the 
     eligible entity believes are necessary for the successful 
     operation of such charter schools.
       ``(C) Assurance.--An assurance that the eligible entity has 
     sufficient procedures in effect to ensure timely closure of 
     low-performing or financially mismanaged charter schools and 
     clear plans and procedures in effect for the students in such 
     schools to attend other high-quality schools.
       ``(4) Selection criteria.--The Secretary shall select 
     eligible entities to receive grants under this subsection, on 
     the basis of the quality of the applications submitted under 
     paragraph (3), after taking into consideration such factors 
     as--
       ``(A) the degree to which the eligible entity has 
     demonstrated success in increasing academic achievement for 
     all students and for each of the subgroups of students 
     described in section 1111(c)(2) attending the charter schools 
     the eligible entity operates or manages;
       ``(B) a determination that the eligible entity has not 
     operated or managed a significant proportion of charter 
     schools that--
       ``(i) have been closed;
       ``(ii) have had the school's charter revoked due to 
     problems with statutory or regulatory compliance; or
       ``(iii) have had the school's affiliation with the eligible 
     entity revoked or terminated, including through voluntary 
     disaffiliation; and
       ``(C) a determination that the eligible entity has not 
     experienced significant problems with statutory or regulatory 
     compliance that could lead to the revocation of a school's 
     charter.
       ``(5) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to eligible entities that--
       ``(A) plan to operate or manage high-quality charter 
     schools with racially and socioeconomically diverse student 
     bodies;
       ``(B) demonstrate success in working with schools 
     identified by the State for comprehensive support and 
     improvement under section 1111(c)(4)(D)(i);
       ``(C) propose to use funds--
       ``(i) to expand high-quality charter schools to serve high 
     school students; or
       ``(ii) to replicate high-quality charter schools to serve 
     high school students; or
       ``(D) propose to operate or manage high-quality charter 
     schools that focus on dropout recovery and academic reentry.
       ``(c) Terms and Conditions.--Except as otherwise provided, 
     grants awarded under paragraphs (1) and (2) of subsection (a) 
     shall have

[[Page H8498]]

     the same terms and conditions as grants awarded to State 
     entities under section 4303.'';
       (2) in section 4306 (20 U.S.C. 7221e), as redesignated by 
     section 4001, by adding at the end the following:
       ``(c) New or Significantly Expanding Charter Schools.--For 
     purposes of implementing the hold harmless protections in 
     sections 1122(c) and 1125A(g)(3) for a newly opened or 
     significantly expanded charter school under this part, a 
     State educational agency shall calculate a hold-harmless base 
     for the prior year that, as applicable, reflects the new or 
     significantly expanded enrollment of the charter school.'';
       (3) in section 4308 (20 U.S.C. 7221g), as redesignated by 
     section 4001, by inserting ``as quickly as possible and'' 
     before ``to the extent practicable'';
       (4) in section 4310 (20 U.S.C. 7221i), as redesignated by 
     section 4001--
       (A) in the matter preceding paragraph (1), by striking 
     ``subpart'' and inserting ``part'';
       (B) by redesignating paragraphs (1), (2), and (3) as 
     paragraphs (2), (5), and (6), respectively;
       (C) by redesignating paragraph (4) as paragraph (1), and 
     moving such paragraph so as to precede paragraph (2), as 
     redesignated by subparagraph (B);
       (D) in paragraph (2), as redesignated by subparagraph (B)--
       (i) in subparagraph (G), by striking ``, and part B'' and 
     inserting ``, the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12101 et seq.), section 444 of the General Education 
     Provisions Act (20 U.S.C. 1232g) (commonly referred to as the 
     `Family Educational Rights and Privacy Act of 1974'), and 
     part B'';
       (ii) by striking subparagraph (H) and inserting the 
     following:
       ``(H) is a school to which parents choose to send their 
     children, and that--
       ``(i) admits students on the basis of a lottery, consistent 
     with section 4303(c)(3)(A), if more students apply for 
     admission than can be accommodated; or
       ``(ii) in the case of a school that has an affiliated 
     charter school (such as a school that is part of the same 
     network of schools), automatically enrolls students who are 
     enrolled in the immediate prior grade level of the affiliated 
     charter school and, for any additional student openings or 
     student openings created through regular attrition in student 
     enrollment in the affiliated charter school and the enrolling 
     school, admits students on the basis of a lottery as 
     described in clause (i);'';
       (iii) by striking subparagraph (I) and inserting the 
     following:
       ``(I) agrees to comply with the same Federal and State 
     audit requirements as do other elementary schools and 
     secondary schools in the State, unless such State audit 
     requirements are waived by the State;'';
       (iv) in subparagraph (K), by striking ``and'' at the end;
       (v) in subparagraph (L), by striking the period at the end 
     and inserting ``; and''; and
       (vi) by adding at the end the following:

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

       (E) by inserting after paragraph (2), as redesignated by 
     subparagraph (B), the following:
       ``(3) Charter management organization.--The term `charter 
     management organization' means a nonprofit organization that 
     operates or manages a network of charter schools linked by 
     centralized support, operations, and oversight.
       ``(4) Charter school support organization.--The term 
     `charter school support organization' means a nonprofit, 
     nongovernmental entity that is not an authorized public 
     chartering agency and provides, on a statewide basis--
       ``(A) assistance to developers during the planning, program 
     design, and initial implementation of a charter school; and
       ``(B) technical assistance to operating charter schools.'';
       (F) in paragraph (6)(B), as redesignated by subparagraph 
     (B), by striking ``under section 5203(d)(3)''; and
       (G) by adding at the end the following:
       ``(7) Expand.--The term `expand', when used with respect to 
     a high-quality charter school, means to significantly 
     increase enrollment or add one or more grades to the high-
     quality charter school.
       ``(8) High-quality charter school.--The term `high-quality 
     charter school' means a charter school that--
       ``(A) shows evidence of strong academic results, which may 
     include strong student academic growth, as determined by a 
     State;
       ``(B) has no significant issues in the areas of student 
     safety, financial and operational management, or statutory or 
     regulatory compliance;
       ``(C) has demonstrated success in significantly increasing 
     student academic achievement, including graduation rates 
     where applicable, for all students served by the charter 
     school; and
       ``(D) has demonstrated success in increasing student 
     academic achievement, including graduation rates where 
     applicable, for each of the subgroups of students, as defined 
     in section 1111(c)(2), except that such demonstration is not 
     required in a case in which the number of students in a group 
     is insufficient to yield statistically reliable information 
     or the results would reveal personally identifiable 
     information about an individual student.
       ``(9) Replicate.--The term `replicate', when used with 
     respect to a high-quality charter school, means to open a new 
     charter school, or a new campus of a high-quality charter 
     school, based on the educational model of an existing high-
     quality charter school, under an existing charter or an 
     additional charter, if permitted or required by State law.''; 
     and
       (5) by striking section 4311 (20 U.S.C. 7221j), as 
     redesignated by section 4001, and inserting the following:

     ``SEC. 4311. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part--
       ``(1) $270,000,000 for fiscal year 2017;
       ``(2) $270,000,000 for fiscal year 2018;
       ``(3) $300,000,000 for fiscal year 2019; and
       ``(4) $300,000,000 for fiscal year 2020.''.

                   PART D--MAGNET SCHOOLS ASSISTANCE

     SEC. 4401. MAGNET SCHOOLS ASSISTANCE.

       Part D of title IV (20 U.S.C. 7201 et seq.), as amended by 
     section 4001(b)(3), is further amended--
       (1) in section 4401--
       (A) in subsection (a)(2)--
       (i) by striking ``2,000,000'' and inserting ``2,500,000''; 
     and
       (ii) by striking ``65'' and inserting ``69''; and
       (B) in subsection (b)--
       (i) in paragraph (2)--

       (I) by striking ``and implementation'' and inserting ``, 
     implementation, and expansion''; and
       (II) by striking ``content standards and student academic 
     achievement standards'' and inserting ``standards'';

       (ii) in paragraph (3), by striking ``and design'' and 
     inserting ``, design, and expansion'';
       (iii) in paragraph (4), by striking ``vocational'' and 
     inserting ``career''; and
       (iv) in paragraph (6), by striking ``productive'';
       (2) in section 4405(b)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by inserting ``any available 
     evidence on, or if such evidence is not available, a 
     rationale, based on current research, for'' before ``how the 
     proposed magnet school programs'';
       (ii) in subparagraph (B), by inserting ``, including any 
     evidence, or if such evidence is not available, a rationale 
     based on current research findings, to support such 
     description'' before the semicolon;
       (iii) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (iv) by inserting after subparagraph (C) the following:
       ``(D) how the applicant will assess, monitor, and evaluate 
     the impact of the activities funded under this part on 
     student achievement and integration;''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``section 5301(b)'' 
     and inserting ``section 4401(b)''; and
       (ii) in subparagraph (B), by striking ``highly qualified'' 
     and inserting ``effective'';
       (3) in section 4406, by striking paragraphs (2) and (3) and 
     inserting the following:
       ``(2) propose to--
       ``(A) carry out a new, evidence-based magnet school 
     program;
       ``(B) significantly revise an existing magnet school 
     program, using evidence-based methods and practices, as 
     available; or
       ``(C) replicate an existing magnet school program that has 
     a demonstrated record of success in increasing student 
     academic achievement and reducing isolation of minority 
     groups;
       ``(3) propose to select students to attend magnet school 
     programs by methods such as lottery, rather than through 
     academic examination; and
       ``(4) propose to increase racial integration by taking into 
     account socioeconomic diversity in designing and implementing 
     magnet school programs.'';
       (4) in section 4407--
       (A) in subsection (a)--
       (i) in paragraph (3), by striking ``highly qualified'' and 
     inserting ``effective'';
       (ii) in paragraph (6), by striking ``and'' at the end;
       (iii) in paragraph (7), by striking the period at the end 
     and inserting a semicolon; and
       (iv) by adding at the end the following:
       ``(8) to enable the local educational agency, or consortium 
     of such agencies, or other organizations partnered with such 
     agency or consortium, to establish, expand, or strengthen 
     inter-district and regional magnet programs; and
       ``(9) notwithstanding section 426 of the General Education 
     Provisions Act (20 U.S.C. 1228), to provide transportation to 
     and from the magnet school, provided that--
       ``(A) such transportation is sustainable beyond the grant 
     period; and
       ``(B) the costs of providing transportation do not 
     represent a significant portion of the grant funds received 
     by the eligible local educational agency under this part .''; 
     and
       (B) by striking subsection (b) and inserting the following:
       ``(b) Special Rule.--Grant funds under this part may be 
     used for activities described in paragraphs (2) and (3) of 
     subsection (a) only if the activities are directly related to 
     improving student academic achievement based on the 
     challenging State academic standards or directly related to 
     improving student reading skills or knowledge of mathematics, 
     science, history, geography, English, foreign languages, art, 
     or music, or to improving career, technical, and professional 
     skills.'';
       (5) in section 4408--
       (A) in subsection (a), by striking ``3'' and inserting 
     ``5'';
       (B) by striking subsection (c) and inserting the following:
       ``(c) Amount.--No grant awarded under this part to a local 
     educational agency, or a consortium of such agencies, shall 
     be for more than $15,000,000 for the grant period described 
     in subsection (a).''; and
       (C) in subsection (d), by striking ``July'' and inserting 
     ``June'';
       (6) in section 4409--
       (A) by striking subsection (a) and inserting the following:
       ``(a) Authorization.--There are authorized to be 
     appropriated to carry out this part the following amounts:
       ``(1) $94,000,000 for fiscal year 2017.
       ``(2) $96,820,000 for fiscal year 2018.
       ``(3) $102,387,150 for fiscal year 2019.

[[Page H8499]]

       ``(4) $108,530,379 for fiscal year 2020.''.
       (B) by redesignating subsection (b) as subsection (c); and
       (C) by inserting after subsection (a) the following:
       ``(b) Reservation for Technical Assistance.--The Secretary 
     may reserve not more than 1 percent of the funds appropriated 
     under subsection (a) for any fiscal year to provide technical 
     assistance and share best practices with respect to magnet 
     school programs assisted under this part.''.

            PART E--FAMILY ENGAGEMENT IN EDUCATION PROGRAMS

     SEC. 4501. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.

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

           ``PART E--FAMILY ENGAGEMENT IN EDUCATION PROGRAMS

     ``SEC. 4501. PURPOSES.

       ``The purposes of this part are the following:
       ``(1) To provide financial support to organizations to 
     provide technical assistance and training to State 
     educational agencies and local educational agencies in the 
     implementation and enhancement of systemic and effective 
     family engagement policies, programs, and activities that 
     lead to improvements in student development and academic 
     achievement.
       ``(2) To assist State educational agencies, local 
     educational agencies, community-based organizations, schools, 
     and educators in strengthening partnerships among parents, 
     teachers, school leaders, administrators, and other school 
     personnel in meeting the educational needs of children and 
     fostering greater parental engagement.
       ``(3) To support State educational agencies, local 
     educational agencies, schools, educators, and parents in 
     developing and strengthening the relationship between parents 
     and their children's school in order to further the 
     developmental progress of children.
       ``(4) To coordinate activities funded under this part with 
     parent involvement initiatives funded under section 1116 and 
     other provisions of this Act.
       ``(5) To assist the Secretary, State educational agencies, 
     and local educational agencies in the coordination and 
     integration of Federal, State, and local services and 
     programs to engage families in education.

     ``SEC. 4502. GRANTS AUTHORIZED.

       ``(a) Statewide Family Engagement Centers.--From the amount 
     appropriated under section 4506 and not reserved under 
     subsection (d), the Secretary is authorized to award grants 
     for each fiscal year to statewide organizations (or consortia 
     of such organizations), to establish statewide family 
     engagement centers that--
       ``(1) carry out parent education, and family engagement in 
     education, programs; or
       ``(2) provide comprehensive training and technical 
     assistance to State educational agencies, local educational 
     agencies, schools identified by State educational agencies 
     and local educational agencies, organizations that support 
     family-school partnerships, and other organizations that 
     carry out such programs.
       ``(b) Minimum Award.--In awarding grants under this 
     section, the Secretary shall, to the extent practicable, 
     ensure that a grant is awarded for a statewide family 
     engagement center in an amount not less than $500,000.
       ``(c) Matching Funds for Grant Renewal.--Each organization 
     or consortium receiving assistance under this part shall 
     demonstrate that, for each fiscal year after the first fiscal 
     year for which the organization or consortium is receiving 
     such assistance, a portion of the services provided by the 
     organization or consortium is supported through non-Federal 
     contributions, which may be in cash or in-kind.
       ``(d) Technical Assistance.--The Secretary shall reserve 
     not more than 2 percent of the funds appropriated under 
     section 4506 to carry out this part to provide technical 
     assistance, by competitive grant or contract, for the 
     establishment, development, and coordination of statewide 
     family engagement centers.

     ``SEC. 4503. APPLICATIONS.

       ``(a) Submissions.--Each statewide organization, or a 
     consortium of such organizations, that desires a grant under 
     this part shall submit an application to the Secretary at 
     such time and in such manner as the Secretary may require, 
     which shall include the information described in subsection 
     (b).
       ``(b) Contents.--Each application submitted under 
     subsection (a) shall include, at a minimum, the following:
       ``(1) A description of the applicant's approach to family 
     engagement in education.
       ``(2) A description of how the State educational agency and 
     any partner organization will support the statewide family 
     engagement center that will be operated by the applicant 
     including a description of the State educational agency and 
     any partner organization's commitment of such support.
       ``(3) A description of the applicant's plan for building a 
     statewide infrastructure for family engagement in education, 
     that includes--
       ``(A) management and governance;
       ``(B) statewide leadership; or
       ``(C) systemic services for family engagement in education.
       ``(4) A description of the applicant's demonstrated 
     experience in providing training, information, and support to 
     State educational agencies, local educational agencies, 
     schools, educators, parents, and organizations on family 
     engagement in education policies and practices that are 
     effective for parents (including low-income parents) and 
     families, parents of English learners, minorities, students 
     with disabilities, homeless children and youth, children and 
     youth in foster care, and migrant students, including 
     evaluation results, reporting, or other data exhibiting such 
     demonstrated experience.
       ``(5) A description of the steps the applicant will take to 
     target services to low-income students and parents.
       ``(6) An assurance that the applicant will--
       ``(A) establish a special advisory committee, the 
     membership of which includes--
       ``(i) parents, who shall constitute a majority of the 
     members of the special advisory committee;
       ``(ii) representatives of education professionals with 
     expertise in improving services for disadvantaged children;
       ``(iii) representatives of local elementary schools and 
     secondary schools, including students;
       ``(iv) representatives of the business community; and
       ``(v) representatives of State educational agencies and 
     local educational agencies;
       ``(B) use not less than 65 percent of the funds received 
     under this part in each fiscal year to serve local 
     educational agencies, schools, and community-based 
     organizations that serve high concentrations of disadvantaged 
     students, including students who are English learners, 
     minorities, students with disabilities, homeless children and 
     youth, children and youth in foster care, and migrant 
     students;
       ``(C) operate a statewide family engagement center of 
     sufficient size, scope, and quality to ensure that the center 
     is adequate to serve the State educational agency, local 
     educational agencies, and community-based organizations;
       ``(D) ensure that the statewide family engagement center 
     will retain staff with the requisite training and experience 
     to serve parents in the State;
       ``(E) serve urban, suburban, and rural local educational 
     agencies and schools;
       ``(F) work with--
       ``(i) other statewide family engagement centers assisted 
     under this part; and
       ``(ii) parent training and information centers and 
     community parent resource centers assisted under sections 671 
     and 672 of the Individuals with Disabilities Education Act 
     (20 U.S.C. 1471; 1472);
       ``(G) use not less than 30 percent of the funds received 
     under this part for each fiscal year to establish or expand 
     technical assistance for evidence-based parent education 
     programs;
       ``(H) provide assistance to State educational agencies, 
     local educational agencies, and community-based organizations 
     that support family members in supporting student academic 
     achievement;
       ``(I) work with State educational agencies, local 
     educational agencies, schools, educators, and parents to 
     determine parental needs and the best means for delivery of 
     services to address such needs;
       ``(J) conduct sufficient outreach to assist parents, 
     including parents who the applicant may have a difficult time 
     engaging with a school or local educational agency; and
       ``(K) conduct outreach to low-income students and parents, 
     including low-income students and parents who are not 
     proficient in English.
       ``(7) An assurance that the applicant will conduct training 
     programs in the community to improve adult literacy, 
     including financial literacy.
       ``(c) Priority.--In awarding grants for activities 
     described in this part, the Secretary shall give priority to 
     statewide family engagement centers that will use funds under 
     section 4504 for evidence-based activities, which, for the 
     purposes of this part is defined as activities meeting the 
     requirements of section 8101(21)(A)(i).

     ``SEC. 4504. USES OF FUNDS.

       ``(a) In General.--Each statewide organization or 
     consortium receiving a grant under this part shall use the 
     grant funds, based on the needs determined under section 
     4503(b)(6)(I), to provide training and technical assistance 
     to State educational agencies, local educational agencies, 
     and organizations that support family-school partnerships, 
     and activities, services, and training for local educational 
     agencies, school leaders, educators, and parents--
       ``(1) to assist parents in participating effectively in 
     their children's education and to help their children meet 
     challenging State academic standards, such as by assisting 
     parents--
       ``(A) to engage in activities that will improve student 
     academic achievement, including understanding how parents can 
     support learning in the classroom with activities at home and 
     in after school and extracurricular programs;
       ``(B) to communicate effectively with their children, 
     teachers, school leaders, counselors, administrators, and 
     other school personnel;
       ``(C) to become active participants in the development, 
     implementation, and review of school-parent compacts, family 
     engagement in education policies, and school planning and 
     improvement;
       ``(D) to participate in the design and provision of 
     assistance to students who are not making academic progress;
       ``(E) to participate in State and local decisionmaking;
       ``(F) to train other parents; and
       ``(G) in learning and using technology applied in their 
     children's education;
       ``(2) to develop and implement, in partnership with the 
     State educational agency, statewide family engagement in 
     education policy and systemic initiatives that will provide 
     for a continuum of services to remove barriers for family 
     engagement in education and support school reform efforts; 
     and
       ``(3) to develop and implement parental involvement 
     policies under this Act.
       ``(b) Rule of Construction.--Nothing in this section shall 
     be construed to prohibit a statewide family engagement center 
     from--
       ``(1) having its employees or agents meet with a parent at 
     a site that is not on school grounds; or

[[Page H8500]]

       ``(2) working with another agency that serves children.
       ``(c) Parental Rights.--Notwithstanding any other provision 
     of this section--
       ``(1) no person (including a parent who educates a child at 
     home, a public school parent, or a private school parent) 
     shall be required to participate in any program of parent 
     education or developmental screening under this section; and
       ``(2) no program or center assisted under this section 
     shall take any action that infringes in any manner on the 
     right of parents to direct the education of their children.

     ``SEC. 4505. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.

       ``The Secretary of the Interior, in consultation with the 
     Secretary of Education, shall establish, or enter into 
     contracts and cooperative agreements with, local tribes, 
     tribal organizations, or Indian nonprofit parent 
     organizations to establish and operate family engagement 
     centers.

     ``SEC. 4506. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $10,000,000 for each of fiscal years 2017 through 
     2020.''.''.

                      PART F--NATIONAL ACTIVITIES

     SEC. 4601. NATIONAL ACTIVITIES.

       Title IV (20 U.S.C. 7101 et seq.), as amended by the 
     previous provisions of this title, is further amended by 
     adding at the end the following:

                     ``PART F--NATIONAL ACTIVITIES

     ``SEC. 4601. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.

       ``(a) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this part--
       ``(1) $200,741,000 for each of fiscal years 2017 and 2018; 
     and
       ``(2) $220,741,000 for each of fiscal years 2019 and 2020.
       ``(b) Reservations.--From the amounts appropriated under 
     subsection (a) for a fiscal year, the Secretary shall--
       ``(1) reserve $5,000,000 to carry out activities authorized 
     under subpart 3; and
       ``(2) from the amounts remaining after the reservation 
     under paragraph (1)--
       ``(A) carry out activities authorized under subpart 1 
     using--
       ``(i) 36 percent of such remainder for each of fiscal years 
     2017 and 2018; and
       ``(ii) 42 percent of such remainder for each of fiscal 
     years 2019 and 2020;
       ``(B) carry out activities authorized under subpart 2 
     using--
       ``(i) 36 percent of such remainder for each of fiscal years 
     2017 and 2018; and
       ``(ii) 32 percent of such remainder for each of fiscal 
     years 2019 and 2020; and
       ``(C) to carry out activities authorized under subpart 4--
       ``(i) 28 percent of such remainder for each of fiscal years 
     2017 and 2018; and
       ``(ii) 26 percent of such remainder for each of fiscal 
     years 2019 and 2020.

             ``Subpart 1--Education Innovation and Research

     ``SEC. 4611. GRANTS FOR EDUCATION INNOVATION AND RESEARCH.

       ``(a) Program Authorized.--
       ``(1) In general.--From funds reserved under section 
     4601(b)(2)(A), the Secretary shall make grants to eligible 
     entities to enable the eligible entities to--
       ``(A) create, develop, implement, replicate, or take to 
     scale entrepreneurial, evidence-based, field-initiated 
     innovations to improve student achievement and attainment for 
     high-need students; and
       ``(B) rigorously evaluate such innovations, in accordance 
     with subsection (e).
       ``(2) Description of grants.--The grants described in 
     paragraph (1) shall include--
       ``(A) early-phase grants to fund the development, 
     implementation, and feasibility testing of a program, which 
     prior research suggests has promise, for the purpose of 
     determining whether the program can successfully improve 
     student achievement or attainment for high-need students;
       ``(B) mid-phase grants to fund implementation and a 
     rigorous evaluation of a program that has been successfully 
     implemented under an early-phase grant described in 
     subparagraph (A) or other effort meeting similar criteria, 
     for the purpose of measuring the program's impact and cost 
     effectiveness, if possible using existing administrative 
     data; and
       ``(C) expansion grants to fund implementation and a 
     rigorous replication evaluation of a program that has been 
     found to produce sizable, important impacts under a mid-phase 
     grant described in subparagraph (B) or other effort meeting 
     similar criteria, for the purposes of--
       ``(i) determining whether such impacts can be successfully 
     reproduced and sustained over time; and
       ``(ii) identifying the conditions in which the program is 
     most effective.
       ``(b) Eligible Entity.--In this subpart, the term `eligible 
     entity' means any of the following:
       ``(1) A local educational agency.
       ``(2) A State educational agency.
       ``(3) The Bureau of Indian Education.
       ``(4) A consortium of State educational agencies or local 
     educational agencies.
       ``(5) A nonprofit organization.
       ``(6) A State educational agency, a local educational 
     agency, a consortium described in paragraph (4), or the 
     Bureau of Indian Education, in partnership with--
       ``(A) a nonprofit organization;
       ``(B) a business;
       ``(C) an educational service agency; or
       ``(D) an institution of higher education.
       ``(c) Rural Areas.--
       ``(1) In general.--In awarding grants under subsection (a), 
     the Secretary shall ensure that not less than 25 percent of 
     the funds made available for any fiscal year are awarded for 
     programs that meet both of the following requirements:
       ``(A) The grantee is--
       ``(i) a local educational agency with an urban-centric 
     district locale code of 32, 33, 41, 42, or 43, as determined 
     by the Secretary;
       ``(ii) a consortium of such local educational agencies;
       ``(iii) an educational service agency or a nonprofit 
     organization in partnership with such a local educational 
     agency; or
       ``(iv) a grantee described in clause (i) or (ii) in 
     partnership with a State educational agency.
       ``(B) A majority of the schools to be served by the program 
     are designated with a locale code of 32, 33, 41, 42, or 43, 
     or a combination of such codes, as determined by the 
     Secretary.
       ``(2) Exception.--Notwithstanding paragraph (1), the 
     Secretary shall reduce the amount of funds made available 
     under such paragraph if the Secretary does not receive a 
     sufficient number of applications of sufficient quality.
       ``(d) Matching Funds.--In order to receive a grant under 
     subsection (a), an eligible entity shall demonstrate that the 
     eligible entity will provide matching funds, in cash or 
     through in-kind contributions, from Federal, State, local, or 
     private sources in an amount equal to 10 percent of the funds 
     provided under such grant, except that the Secretary may 
     waive the matching funds requirement, on a case-by-case 
     basis, upon a showing of exceptional circumstances, such as--
       ``(1) the difficulty of raising matching funds for a 
     program to serve a rural area;
       ``(2) the difficulty of raising matching funds in areas 
     with a concentration of local educational agencies or schools 
     with a high percentage of students aged 5 through 17--
       ``(A) who are in poverty, as counted in the most recent 
     census data approved by the Secretary;
       ``(B) who are eligible for a free or reduced price lunch 
     under the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1751 et seq.);
       ``(C) whose families receive assistance under the State 
     program funded under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.); or
       ``(D) who are eligible to receive medical assistance under 
     the Medicaid program; and
       ``(3) the difficulty of raising funds on tribal land.
       ``(e) Evaluation.--Each recipient of a grant under this 
     section shall conduct an independent evaluation of the 
     effectiveness of the program carried out under such grant.
       ``(f) Technical Assistance.--The Secretary may reserve not 
     more than 5 percent of the funds appropriated under section 
     4601(b)(2)(A) for each fiscal year to--
       ``(1) provide technical assistance for eligibility 
     entities, which may include pre-application workshops, web-
     based seminars, and evaluation support; and
       ``(2) to disseminate best practices.

           ``Subpart 2--Community Support for School Success

     ``SEC. 4621. PURPOSES.

       ``The purposes of this subpart are to--
       ``(1) significantly improve the academic and developmental 
     outcomes of children living in the most distressed 
     communities of the United States, including ensuring school 
     readiness, high school graduation, and access to a community-
     based continuum of high-quality services; and
       ``(2) provide support for the planning, implementation, and 
     operation of full-service community schools that improve the 
     coordination and integration, accessibility, and 
     effectiveness of services for children and families, 
     particularly for children attending high-poverty schools, 
     including high-poverty rural schools.

     ``SEC. 4622. DEFINITIONS.

       ``In this subpart:
       ``(1) Eligible entity.--The term `eligible entity' means 
     the following:
       ``(A) With respect to a grant for activities described in 
     section 4623(a)(1)(A)--
       ``(i) an institution of higher education, as defined in 
     section 102 of the Higher Education Act of 1965 (20 U.S.C. 
     1002);
       ``(ii) an Indian tribe or tribal organization, as defined 
     in section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b); or
       ``(iii) one or more nonprofit entities working in formal 
     partnership with not less than 1 of the following entities:

       ``(I) A high-need local educational agency.
       ``(II) An institution of higher education, as defined in 
     section 102 of the Higher Education Act of 1965 (20 U.S.C. 
     1002).
       ``(III) The office of a chief elected official of a unit of 
     local government.
       ``(IV) An Indian tribe or tribal organization, as defined 
     under section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b).

       ``(B) With respect to a grant for activities described in 
     section 4623(a)(1)(B), a consortium of--
       ``(i)(I) 1 or more local educational agencies; or
       ``(II) the Bureau of Indian Education; and
       ``(ii) 1 or more community-based organizations, nonprofit 
     organizations, or other public or private entities.
       ``(2) Full-service community school.--The term `full-
     service community school' means a public elementary school or 
     secondary school that--
       ``(A) participates in a community-based effort to 
     coordinate and integrate educational, developmental, family, 
     health, and other comprehensive services through community-
     based organizations and public and private partnerships; and
       ``(B) provides access to such services in school to 
     students, families, and the community, such as access during 
     the school year (including before- and after-school hours and 
     weekends), as well as during the summer.

[[Page H8501]]

       ``(3) Pipeline services.--The term `pipeline services' 
     means a continuum of coordinated supports, services, and 
     opportunities for children from birth through entry into and 
     success in postsecondary education, and career attainment. 
     Such services shall include, at a minimum, strategies to 
     address through services or programs (including integrated 
     student supports) the following:
       ``(A) High-quality early childhood education programs.
       ``(B) High-quality school and out-of-school-time programs 
     and strategies.
       ``(C) Support for a child's transition to elementary 
     school, from elementary school to middle school, from middle 
     school to high school, and from high school into and through 
     postsecondary education and into the workforce, including any 
     comprehensive readiness assessment determined necessary.
       ``(D) Family and community engagement and supports, which 
     may include engaging or supporting families at school or at 
     home.
       ``(E) Activities that support postsecondary and workforce 
     readiness, which may include job training, internship 
     opportunities, and career counseling.
       ``(F) Community-based support for students who have 
     attended the schools in the area served by the pipeline, or 
     students who are members of the community, facilitating their 
     continued connection to the community and success in 
     postsecondary education and the workforce.
       ``(G) Social, health, nutrition, and mental health services 
     and supports.
       ``(H) Juvenile crime prevention and rehabilitation 
     programs.

     ``SEC. 4623. PROGRAM AUTHORIZED.

       ``(a) Program Authorized.--
       ``(1) In general.--The Secretary shall use not less than 95 
     percent of the amounts made available under section 
     4601(b)(2)(B) to award grants, on a competitive basis and 
     subject to subsection (e), to eligible entities for the 
     following activities:
       ``(A) Promise neighborhoods.--The implementation of a 
     comprehensive, effective continuum of coordinated services 
     that meets the purpose described in section 4621(1) by 
     carrying out activities in neighborhoods with--
       ``(i) high concentrations of low-income individuals;
       ``(ii) multiple signs of distress, which may include high 
     rates of poverty, childhood obesity, academic failure, and 
     juvenile delinquency, adjudication, or incarceration; and
       ``(iii) schools implementing comprehensive support and 
     improvement activities or targeted support and improvement 
     activities under section 1111(d).
       ``(B) Full-service community schools.--The provision of 
     assistance to public elementary schools or secondary schools 
     to function as full-service community schools.
       ``(2) Sufficient size and scope.--Each grant awarded under 
     this subpart shall be of sufficient size and scope to allow 
     the eligible entity to carry out the applicable purposes of 
     this subpart.
       ``(b) Duration.--A grant awarded under this subpart shall 
     be for a period of not more than 5 years, and may be extended 
     for an additional period of not more than 2 years.
       ``(c) Continued Funding.--Continued funding of a grant 
     under this subpart, including a grant extended under 
     subsection (b), after the third year of the initial grant 
     period shall be contingent on the eligible entity's progress 
     toward meeting--
       ``(1) with respect to a grant for activities described in 
     section 4624, the performance metrics described in section 
     4624(h); and
       ``(2) with respect to a grant for activities described in 
     section 4625, annual performance objectives and outcomes 
     under section 4625(a)(4)(C).
       ``(d) Matching Requirements.--
       ``(1) Promise neighborhood activities.--
       ``(A) Matching funds.--Each eligible entity receiving a 
     grant under this subpart for activities described in section 
     4624 shall contribute matching funds in an amount equal to 
     not less than 100 percent of the amount of the grant. Such 
     matching funds shall come from Federal, State, local, and 
     private sources.
       ``(B) Private sources.--The Secretary shall require that a 
     portion of the matching funds come from private sources, 
     which may include in-kind contributions.
       ``(C) Adjustment.--The Secretary may adjust the matching 
     funds requirement under this paragraph for applicants that 
     demonstrate high need, including applicants from rural areas 
     and applicants that wish to provide services on tribal lands.
       ``(D) Financial hardship waiver.--The Secretary may waive 
     or reduce, on a case-by-case basis, the matching requirement 
     under this paragraph, including the requirement for funds 
     from private sources, for a period of 1 year at a time, if 
     the eligible entity demonstrates significant financial 
     hardship.
       ``(2) Full-service community schools activities.--
       ``(A) In general.--Each eligible entity receiving a grant 
     under this subpart for activities described in section 4625 
     shall provide matching funds from non-Federal sources, which 
     may be provided in part with in-kind contributions.
       ``(B) Special rule.--The Bureau of Indian Education may 
     meet the requirement of subparagraph (A) using funds from 
     other Federal sources.
       ``(3) Special rules.--
       ``(A) In general.--The Secretary may not require any 
     eligible entity receiving a grant under this subpart to 
     provide matching funds in an amount that exceeds the amount 
     of the grant award.
       ``(B) Consideration.--Notwithstanding this subsection, the 
     Secretary shall not consider the ability of an eligible 
     entity to match funds when determining which applicants will 
     receive grants under this subpart.
       ``(e) Reservation for Rural Areas.--
       ``(1) In general.--From the amounts allocated under 
     subsection (a) for grants to eligible entities, the Secretary 
     shall use not less than 15 percent of such amounts to award 
     grants to eligible entities that propose to carry out the 
     activities described in such subsection in rural areas.
       ``(2) Exception.--The Secretary shall reduce the amount 
     described in paragraph (1) if the Secretary does not receive 
     a sufficient number of applications of sufficient quality.
       ``(f) Minimum Number of Grants.--For each fiscal year, the 
     Secretary shall award under this subpart not fewer than 3 
     grants for activities described in section 4624 and not fewer 
     than 10 grants for activities described in section 4625, 
     subject to the availability of appropriations, the 
     requirements of subsection (a)(2), and the number and quality 
     of applications.

     ``SEC. 4624. PROMISE NEIGHBORHOODS.

       ``(a) Application Requirements.--An eligible entity 
     desiring a grant under this subpart for activities described 
     in this section shall submit an application to the Secretary 
     at such time and in such manner as the Secretary may require, 
     including, at a minimum, all of the following:
       ``(1) A plan to significantly improve the academic outcomes 
     of children living in a neighborhood that is served by the 
     eligible entity--
       ``(A) by providing pipeline services that address the needs 
     of children in the neighborhood, as identified by the needs 
     analysis described in paragraph (4); and
       ``(B) that is supported by effective practices.
       ``(2) A description of the neighborhood that the eligible 
     entity will serve.
       ``(3) Measurable annual objectives and outcomes for the 
     grant, in accordance with the metrics described in subsection 
     (h), for each year of the grant.
       ``(4) An analysis of the needs and assets of the 
     neighborhood identified in paragraph (1), including--
       ``(A) the size and scope of the population affected;
       ``(B) a description of the process through which the needs 
     analysis was produced, including a description of how 
     parents, families, and community members were engaged in such 
     analysis;
       ``(C) an analysis of community assets and collaborative 
     efforts (including programs already provided from Federal and 
     non-Federal sources) within, or accessible to, the 
     neighborhood, including, at a minimum, early learning 
     opportunities, family and student supports, local businesses, 
     local educational agencies, and institutions of higher 
     education;
       ``(D) the steps that the eligible entity is taking, at the 
     time of the application, to address the needs identified in 
     the needs analysis; and
       ``(E) any barriers the eligible entity, public agencies, 
     and other community-based organizations have faced in meeting 
     such needs.
       ``(5) A description of--
       ``(A) all information that the entity used to identify the 
     pipeline services to be provided, which shall not include 
     information that is more than 3 years old; and
       ``(B) how the eligible entity will--
       ``(i) collect data on children served by each pipeline 
     service; and
       ``(ii) increase the percentage of children served over 
     time.
       ``(6) A description of the process used to develop the 
     application, including the involvement of family and 
     community members.
       ``(7) A description of how the pipeline services will 
     facilitate the coordination of the following activities:
       ``(A) Providing early learning opportunities for children, 
     including by--
       ``(i) providing opportunities for families to acquire the 
     skills to promote early learning and child development; and
       ``(ii) ensuring appropriate diagnostic assessments and 
     referrals for children with disabilities and children aged 3 
     through 9 experiencing developmental delays, consistent with 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1400 et seq.), where applicable.
       ``(B) Supporting, enhancing, operating, or expanding 
     rigorous, comprehensive, effective educational improvements, 
     which may include high-quality academic programs, expanded 
     learning time, and programs and activities to prepare 
     students for postsecondary education admissions and success.
       ``(C) Supporting partnerships between schools and other 
     community resources with an integrated focus on academics and 
     other social, health, and familial supports.
       ``(D) Providing social, health, nutrition, and mental 
     health services and supports, for children, family members, 
     and community members, which may include services provided 
     within the school building.
       ``(E) Supporting evidence-based programs that assist 
     students through school transitions, which may include 
     expanding access to postsecondary education courses and 
     postsecondary education enrollment aid or guidance, and other 
     supports for at-risk youth.
       ``(8) A description of the strategies that will be used to 
     provide pipeline services (including a description of which 
     programs and services will be provided to children, family 
     members, community members, and children within the 
     neighborhood) to support the purpose described in section 
     4621(1).
       ``(9) An explanation of the process the eligible entity 
     will use to establish and maintain family and community 
     engagement, including--
       ``(A) involving representative participation by the members 
     of such neighborhood in the planning and implementation of 
     the activities of each grant awarded under this subpart for 
     activities described in this section;

[[Page H8502]]

       ``(B) the provision of strategies and practices to assist 
     family and community members in actively supporting student 
     achievement and child development;
       ``(C) providing services for students, families, and 
     communities within the school building; and
       ``(D) collaboration with institutions of higher education, 
     workforce development centers, and employers to align 
     expectations and programming with postsecondary education and 
     workforce readiness,
       ``(10) An explanation of how the eligible entity will 
     continuously evaluate and improve the continuum of high-
     quality pipeline services to provide for continuous program 
     improvement and potential expansion.
       ``(b) Priority.--In awarding grants for activities 
     described in this section, the Secretary shall give priority 
     to eligible entities that will use funds under subsection (d) 
     for evidence-based activities, which, for purposes of this 
     subsection, is defined as activities meeting the requirements 
     of section 8101(21)(A)(i).
       ``(c) Memorandum of Understanding.--As eligible entity 
     shall, as part of the application described in subsection 
     (a), submit a preliminary memorandum of understanding, signed 
     by each partner entity or agency described in section 
     4622(1)(A)(3) (if applicable) and detailing each partner's 
     financial, programmatic, and long-term commitment with 
     respect to the strategies described in the application.
       ``(d) Uses of Funds.--Each eligible entity that receives a 
     grant under this subpart to carry out a program of activities 
     described in this section shall use the grant funds to--
       ``(1) support planning activities to develop and implement 
     pipeline services;
       ``(2) implement the pipeline services; and
       ``(3) continuously evaluate the success of the program and 
     improve the program based on data and outcomes.
       ``(e) Special Rules.--
       ``(1) Funds for pipeline services.--Each eligible entity 
     that receives a grant under this subpart for activities 
     described in this section shall, for the first year of the 
     grant, use not less than 50 percent of the grant funds, and, 
     for the second year of the grant, use not less than 25 
     percent of the grant funds, to carry out the activities 
     described in subsection (d)(1).
       ``(2) Operational flexibility.--Each eligible entity that 
     operates a school in a neighborhood served by a grant program 
     under this subpart for activities described in this section 
     shall provide such school with the operational flexibility, 
     including autonomy over staff, time, and budget, needed to 
     effectively carry out the activities described in the 
     application under subsection (a).
       ``(3) Limitation on use of funds for early childhood 
     education programs.--Funds provided under this subpart for 
     activities described in this section that are used to improve 
     early childhood education programs shall not be used to carry 
     out any of the following activities:
       ``(A) Assessments that provide rewards or sanctions for 
     individual children or teachers.
       ``(B) A single assessment that is used as the primary or 
     sole method for assessing program effectiveness.
       ``(C) Evaluating children, other than for the purposes of 
     improving instruction, classroom environment, professional 
     development, or parent and family engagement, or program 
     improvement.
       ``(f) Report.--Each eligible entity that receives a grant 
     under this subpart for activities described in this section 
     shall prepare and submit an annual report to the Secretary, 
     which shall include--
       ``(1) information about the number and percentage of 
     children in the neighborhood who are served by the grant 
     program, including a description of the number and percentage 
     of children accessing each support or service offered as part 
     of the pipeline services; and
       ``(2) information relating to the performance metrics 
     described in subsection (h).
       ``(g) Publicly Available Data.--Each eligible entity that 
     receives a grant under this subpart for activities described 
     in this section shall make publicly available, including 
     through electronic means, the information described in 
     subsection (f). To the extent practicable, such information 
     shall be provided in a form and language accessible to 
     parents and families in the neighborhood served under the 
     grant, and such information shall be a part of statewide 
     longitudinal data systems.
       ``(h) Performance Indicators.--
       ``(1) In general.--The Secretary shall establish 
     performance indicators under paragraph (2) and corresponding 
     metrics to be used for the purpose of reporting under 
     paragraph (3) and program evaluation under subsection (i).
       ``(2) Indicators.--The performance indicators established 
     by the Secretary under paragraph (1) shall be indicators of 
     improved academic and developmental outcomes for children, 
     including indicators of school readiness, high school 
     graduation, postsecondary education and career readiness, and 
     other academic and developmental outcomes, to promote--
       ``(A) data-driven decision-making by eligible entities 
     receiving funds under this subpart; and
       ``(B) access to a community-based continuum of high-quality 
     services for children living in the most distressed 
     communities of the United States, beginning at birth.
       ``(3) Reporting.--Each eligible entity that receives a 
     grant under this subpart for activities described in this 
     section shall annually collect and report to the Secretary 
     data on the performance indicators described in paragraph (2) 
     for use by the Secretary in making a determination concerning 
     continuation funding and grant extension under section 
     4623(b) for each eligible entity.
       ``(i) Evaluation.--The Secretary shall reserve not more 
     than 5 percent of the funds made available under section 
     4601(b)(2)(A) to provide technical assistance and evaluate 
     the implementation and impact of the activities funded under 
     this section, in accordance with section 8601.

     ``SEC. 4625. FULL-SERVICE COMMUNITY SCHOOLS.

       ``(a) Application.--An eligible entity that desires a grant 
     under this subpart for activities described in this section 
     shall submit an application to the Secretary at such time and 
     in such manner as the Secretary may require. The Secretary 
     shall require that each such application include the 
     following:
       ``(1) A description of the eligible entity.
       ``(2) A memorandum of understanding among all partner 
     entities in the eligible entity that will assist the eligible 
     entity to coordinate and provide pipeline services and that 
     describes the roles the partner entities will assume.
       ``(3) A description of the capacity of the eligible entity 
     to coordinate and provide pipeline services at 2 or more 
     full-service community schools.
       ``(4) A comprehensive plan that includes descriptions of 
     the following:
       ``(A) The student, family, and school community to be 
     served, including demographic information.
       ``(B) A needs assessment that identifies the academic, 
     physical, nonacademic, health, mental health, and other needs 
     of students, families, and community residents.
       ``(C) Annual measurable performance objectives and 
     outcomes, including an increase in the number and percentage 
     of families and students targeted for services each year of 
     the program, in order to ensure that children are--
       ``(i) prepared for kindergarten;
       ``(ii) achieving academically; and
       ``(iii) safe, healthy, and supported by engaged parents.
       ``(D) Pipeline services, including existing and additional 
     pipeline services, to be coordinated and provided by the 
     eligible entity and its partner entities, including an 
     explanation of--
       ``(i) why such services have been selected;
       ``(ii) how such services will improve student academic 
     achievement; and
       ``(iii) how such services will address the annual 
     measurable performance objectives and outcomes established 
     under subparagraph (C).
       ``(E) Plans to ensure that each full-service community 
     school site has a full-time coordinator of pipeline services 
     at such school, including a description of the applicable 
     funding sources, plans for professional development for the 
     personnel managing, coordinating, or delivering pipeline 
     services, and plans for joint utilization and management of 
     school facilities.
       ``(F) Plans for annual evaluation based upon attainment of 
     the performance objectives and outcomes described in 
     subparagraph (C).
       ``(G) Plans for sustaining the programs and services 
     described in this subsection after the grant period.
       ``(5) An assurance that the eligible entity and its partner 
     entities will focus services on schools eligible for a 
     schoolwide program under section 1114(b).
       ``(b) Priority.--In awarding grants under this subpart for 
     activities described in this section, the Secretary shall 
     give priority to eligible entities that--
       ``(1)(A) will serve a minimum of 2 or more full-service 
     community schools eligible for a schoolwide program under 
     section 1114(b), as part of a community- or district-wide 
     strategy; or
       ``(B) include a local educational agency that satisfies the 
     requirements of--
       ``(i) subparagraph (A), (B), or (C) of section 5211(b)(1); 
     or
       ``(ii) subparagraphs (A) and (B) of section 5221(b)(1);
       ``(2) are consortiums comprised of a broad representation 
     of stakeholders or consortiums demonstrating a history of 
     effectiveness; and
       ``(3) will use funds for evidence-based activities 
     described in subsection (e), defined for purposes of this 
     paragraph as activities meeting the requirements of section 
     8101(21)(A)(i).
       ``(c) Planning.--The Secretary may authorize an eligible 
     entity receiving a grant under this subpart for activities 
     described in this section to use not more than 10 percent of 
     the total amount of grant funds for planning purposes during 
     the first year of the grant.
       ``(d) Minimum Amount.--The Secretary may not award a grant 
     under this subpart for activities described in this section 
     to an eligible entity in an amount that is less than $75,000 
     for each year of the grant period, subject to the 
     availability of appropriations.
       ``(e) Use of Funds.--Grants awarded under this subpart for 
     activities described in this section shall be used to--
       ``(1) coordinate not less than 3 existing pipeline 
     services, as of the date of the grant award, and provide not 
     less than 2 additional pipeline services, at 2 or more public 
     elementary schools or secondary schools;
       ``(2) to the extent practicable, integrate multiple 
     pipeline services into a comprehensive, coordinated continuum 
     to achieve the annual measurable performance objectives and 
     outcomes under subsection (a)(4)(C) to meet the holistic 
     needs of children; and
       ``(3) if applicable, coordinate and integrate services 
     provided by community-based organizations and government 
     agencies with services provided by specialized instructional 
     support personnel.
       ``(f) Evaluations by the Institute of Education Sciences.--
     The Secretary, acting through the Director of the Institute 
     of Education Sciences, shall conduct evaluations of the 
     effectiveness of grants under this subpart for activities 
     described in this section in achieving the purpose described 
     in section 4621(2).
       ``(g) Evaluations by Grantees.--The Secretary shall require 
     each eligible entity receiving a grant under this subpart for 
     activities described in this section to--

[[Page H8503]]

       ``(1) conduct annual evaluations of the progress achieved 
     with the grant toward the purpose described in section 
     4621(2);
       ``(2) use such evaluations to refine and improve activities 
     carried out through the grant and the annual measurable 
     performance objectives and outcomes under subsection 
     (a)(4)(C); and
       ``(3) make the results of such evaluations publicly 
     available, including by providing public notice of such 
     availability.
       ``(h) Construction Clause.--Nothing in this section shall 
     be construed to alter or otherwise affect the rights, 
     remedies, and procedures afforded school or local educational 
     agency employees under Federal, State, or local laws 
     (including applicable regulations or court orders) or under 
     the terms of collective bargaining agreements, memoranda of 
     understanding, or other agreements between such employees and 
     their employers.
       ``(i) Supplement, Not Supplant.--Funds made available to an 
     eligible entity through a grant under this subpart for 
     activities described in this section may be used only to 
     supplement, and not supplant, any other Federal, State, or 
     local funds that would otherwise be available to carry out 
     the activities assisted under this section.

           ``Subpart 3--National Activities for School Safety

     ``SEC. 4631. NATIONAL ACTIVITIES FOR SCHOOL SAFETY.

       ``(a) Program Authorized.--
       ``(1) In general.--From the funds reserved under section 
     4601(b)(1), the Secretary--
       ``(A) shall use a portion of such funds for the Project 
     School Emergency Response to Violence program (in this 
     section referred to as `Project SERV'), in order to provide 
     education-related services to eligible entities; and
       ``(B) may use a portion of such funds to carry out other 
     activities to improve students' safety and well-being, during 
     and after the school day, under this section directly or 
     through grants, contracts, or cooperative agreements with 
     public or private entities or individuals, or other Federal 
     agencies, such as providing technical assistance to States 
     and local educational agencies carrying out activities under 
     this section or conducting a national evaluation.
       ``(2) Availability.--Amounts reserved under section 
     4601(b)(1) for Project SERV are authorized to remain 
     available until expended for Project SERV.
       ``(b) Project SERV.--
       ``(1) Additional use of funds.--Funds made available under 
     subsection (a) for extended services grants under Project 
     SERV may be used by an eligible entity 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.
       ``(2) Application process.--
       ``(A) In general.--An eligible entity desiring to use a 
     portion of extended services grant funds under Project SERV 
     to initiate or strengthen a violence prevention activity 
     shall--
       ``(i) submit, in an application that meets all requirements 
     of the Secretary for Project SERV, the information described 
     in subparagraph (B); or
       ``(ii) in the case of an eligible entity that has already 
     received an extended services grant under Project SERV, 
     submit an addition to the original application that includes 
     the information described in subparagraph (B).
       ``(B) Application requirements.--An application, or 
     addition to an application, for an extended services grant 
     pursuant to subparagraph (A) shall include the following:
       ``(i) A demonstration of the need for funds due to a 
     continued disruption or a substantial risk of disruption to 
     the learning environment.
       ``(ii) An explanation of the proposed activities that are 
     designed to restore and preserve the learning environment.
       ``(iii) A budget and budget narrative for the proposed 
     activities.
       ``(3) Award basis.--Any award of funds under Project SERV 
     for violence prevention activities under this section shall 
     be subject to the discretion of the Secretary and the 
     availability of funds.
       ``(4) Prohibited use.--No funds provided to an eligible 
     entity for violence prevention activities may be used for 
     construction, renovation, or repair of a facility or for the 
     permanent infrastructure of the eligible entity.
       ``(c) Definition of Eligible Entity.--In this section, the 
     term `eligible entity' means--
       ``(1) a local educational agency, as defined in 
     subparagraph (A), (B), or (C) of section 8101(30), or 
     institution of higher education in which the learning 
     environment has been disrupted due to a violent or traumatic 
     crisis; or
       ``(2) the Bureau of Indian Education in a case where the 
     learning environment of a school operated or funded by the 
     Bureau, including a school meeting the definition of a local 
     educational agency under section 8101(30)(C), has been 
     disrupted due to a violent or traumatic crisis.

                    ``Subpart 4--Academic Enrichment

     ``SEC. 4641. AWARDS FOR ACADEMIC ENRICHMENT.

       ``(a) Program Authorized.--From funds reserved under 
     section 4601(b)(2)(C), the Secretary shall award grants, 
     contracts, or cooperative agreements, on a competitive basis, 
     to eligible entities for the purposes of enriching the 
     academic experience of students by promoting--
       ``(1) arts education for disadvantaged students and 
     students who are children with disabilities, as described in 
     section 4642;
       ``(2) school readiness through the development and 
     dissemination of accessible instructional programming for 
     preschool and elementary school children and their families, 
     as described in section 4643; and
       ``(3) support for high-ability learners and high-ability 
     learning, as described in section 4644.
       ``(b) Annual Awards.--The Secretary shall annually make 
     awards to fulfill each of the purposes described in 
     paragraphs (1) through (3) of subsection (a).

     ``SEC. 4642. ASSISTANCE FOR ARTS EDUCATION.

       ``(a) Awards to Provide Assistance for Arts Education.--
       ``(1) In general.--Awards made to eligible entities to 
     fulfill the purpose described in section 4641(a)(1), shall be 
     used for a program (to be known as the `Assistance for Arts 
     Education program') to promote arts education for students, 
     including disadvantaged students and students who are 
     children with disabilities, through activities such as--
       ``(A) professional development for arts educators, 
     teachers, and principals;
       ``(B) development and dissemination of accessible 
     instructional materials and arts-based educational 
     programming, including online resources, in multiple arts 
     disciplines; and
       ``(C) community and national outreach activities that 
     strengthen and expand partnerships among schools, local 
     educational agencies, communities, or centers for the arts, 
     including national centers for the arts.
       ``(b) Conditions.--As conditions of receiving assistance 
     made available under this section, the Secretary shall 
     require each eligible entity receiving such assistance--
       ``(1) to coordinate, to the extent practicable, each 
     project or program carried out with such assistance with 
     appropriate activities of public or private cultural 
     agencies, institutions, and organizations, including museums, 
     arts education associations, libraries, and theaters; and
       ``(2) to use such assistance only to supplement, and not to 
     supplant, any other assistance or funds made available from 
     non-Federal sources for the activities assisted under this 
     subpart.
       ``(c) Consultation.--In carrying out this section, the 
     Secretary shall consult with Federal agencies or 
     institutions, arts educators (including professional arts 
     education associations), and organizations representing the 
     arts (including State and local arts agencies involved in 
     arts education).
       ``(d) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to eligible entities that are 
     eligible national nonprofit organizations.
       ``(e) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a local educational agency in which 20 percent or 
     more of the students served by the local educational agency 
     are from families with an income below the poverty line;
       ``(B) a consortium of such local educational agencies;
       ``(C) a State educational agency;
       ``(D) an institution of higher education;
       ``(E) a museum or cultural institution;
       ``(F) the Bureau of Indian Education;
       ``(G) an eligible national nonprofit organization; or
       ``(H) another private agency, institution, or organization.
       ``(2) Eligible national nonprofit organization.--The term 
     `eligible national nonprofit organization' means an 
     organization of national scope that--
       ``(A) is supported by staff, which may include volunteers, 
     or affiliates at the State and local levels; and
       ``(B) demonstrates effectiveness or high-quality plans for 
     addressing arts education activities for disadvantaged 
     students or students who are children with disabilities.

     ``SEC. 4643. READY TO LEARN PROGRAMMING.

       ``(a) Awards to Promote School Readiness Through Ready to 
     Learn Programming.--
       ``(1) In general.--Awards made to eligible entities 
     described in paragraph (3) to fulfill the purpose described 
     in section 4641(a)(2) shall--
       ``(A) be known as `Ready to Learn Programming awards'; and
       ``(B) be used to--
       ``(i) develop, produce, and distribute accessible 
     educational and instructional video programming for preschool 
     and elementary school children and their parents in order to 
     facilitate student academic achievement;
       ``(ii) facilitate the development, directly or through 
     contracts with producers of children's and family educational 
     television programming, of educational programming for 
     preschool and elementary school children, and the 
     accompanying support materials and services that promote the 
     effective use of such programming;
       ``(iii) facilitate the development of programming and 
     digital content containing Ready-to-Learn programming and 
     resources for parents and caregivers that is specially 
     designed for nationwide distribution over public television 
     stations' digital broadcasting channels and the Internet;
       ``(iv) contract with entities (such as public 
     telecommunications entities) so that programming developed 
     under this section is disseminated and distributed to the 
     widest possible audience appropriate to be served by the 
     programming, and through the use of the most appropriate 
     distribution technologies; and
       ``(v) develop and disseminate education and training 
     materials, including interactive programs and programs 
     adaptable to distance learning technologies, that are 
     designed--

       ``(I) to promote school readiness; and
       ``(II) to promote the effective use of materials developed 
     under clauses (ii) and (iii) among parents, family members, 
     teachers, principals and other school leaders, Head Start 
     providers, providers of family literacy services, child care 
     providers, early childhood educators, elementary school 
     teachers, public libraries, and after-school program 
     personnel caring for preschool and elementary school 
     children.

[[Page H8504]]

       ``(2) Availability.--In awarding or entering into grants, 
     contracts, or cooperative agreements under this section, the 
     Secretary shall ensure that eligible entities described in 
     paragraph (3) make programming widely available, with support 
     materials as appropriate, to young children, parents, child 
     care workers, Head Start providers, and providers of family 
     literacy services to increase the effective use of such 
     programming.
       ``(3) Eligible entities.--To be eligible to receive a 
     grant, contract, or cooperative agreement under this section, 
     an entity shall be a public telecommunications entity that is 
     able to demonstrate each of the following:
       ``(A) A capacity for the development and national 
     distribution of educational and instructional television 
     programming of high quality that is accessible by a large 
     majority of disadvantaged preschool and elementary school 
     children.
       ``(B) A capacity to contract with the producers of 
     children's television programming for the purpose of 
     developing educational television programming of high 
     quality.
       ``(C) A capacity, consistent with the entity's mission and 
     nonprofit nature, to negotiate such contracts in a manner 
     that returns to the entity an appropriate share of any 
     ancillary income from sales of any program-related products.
       ``(D) A capacity to localize programming and materials to 
     meet specific State and local needs and to provide 
     educational outreach at the local level.
       ``(4) Coordination of activities.--An entity receiving a 
     grant, contract, or cooperative agreement under this section 
     shall consult with the Secretary and the Secretary of Health 
     and Human Services--
       ``(A) to maximize the use of high-quality educational 
     programming by preschool and elementary school children, and 
     make such programming widely available to Federally funded 
     programs serving such populations; and
       ``(B) to coordinate activities with Federal programs that 
     have major training components for early childhood 
     development, including programs under the Head Start Act (42 
     U.S.C. 9831 et seq.) and State training activities funded 
     under the Child Care and Development Block Grant Act of 1990 
     (42 U.S.C. 9858 et seq.), regarding the availability and 
     utilization of materials developed under paragraph (1)(B)(v) 
     to enhance parent and child care provider skills in early 
     childhood development and education.
       ``(b) Applications.--To be eligible to receive a grant, 
     contract, or cooperative agreement under subsection (a), an 
     entity shall submit to the Secretary an application at such 
     time and in such manner as the Secretary may reasonably 
     require. The application shall include--
       ``(1) a description of the activities to be carried out 
     under this section;
       ``(2) a list of the types of entities with which such 
     entity will enter into contracts under subsection 
     (a)(1)(B)(iv);
       ``(3) a description of the activities the entity will 
     undertake widely to disseminate the content developed under 
     this section; and
       ``(4) a description of how the entity will comply with 
     subsection (a)(2).
       ``(c) Reports and Evaluations.--
       ``(1) Annual report to secretary.--An entity receiving a 
     grant, contract, or cooperative agreement under this section 
     shall prepare and submit to the Secretary an annual report. 
     The report shall describe the program activities undertaken 
     with funds received under the grant, contract, or cooperative 
     agreement, including each of the following:
       ``(A) The programming that has been developed, directly or 
     indirectly, by the eligible entity, and the target population 
     of the programming.
       ``(B) The support and training materials that have been 
     developed to accompany the programming, and the method by 
     which the materials are distributed to consumers and users of 
     the programming.
       ``(C) The means by which programming developed under this 
     section has been distributed, including the distance learning 
     technologies that have been utilized to make programming 
     available, and the geographic distribution achieved through 
     such technologies.
       ``(D) The initiatives undertaken by the entity to develop 
     public-private partnerships to secure non-Federal support for 
     the development, distribution, and broadcast of educational 
     and instructional programming.
       ``(2) Report to congress.--The Secretary shall prepare and 
     submit to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Education and the 
     Workforce of the House of Representatives a biannual report 
     that includes the following:
       ``(A) A summary of the activities assisted under subsection 
     (a).
       ``(B) A description of the education and training materials 
     made available under subsection (a)(1)(B)(v), the manner in 
     which outreach has been conducted to inform parents and child 
     care providers of the availability of such materials, and the 
     manner in which such materials have been distributed in 
     accordance with such subsection.
       ``(d) Administrative Costs.--An entity that receives a 
     grant, contract, or cooperative agreement under this section 
     may use up to 5 percent of the amount received under the 
     grant, contract, or agreement for the normal and customary 
     expenses of administering the grant, contract, or agreement.
       ``(e) Funding Rule.--Not less than 60 percent of the amount 
     used by the Secretary to carry out this section for each 
     fiscal year shall be used to carry out activities under 
     clauses (ii) through (iv) of subsection (a)(1)(B).

     ``SEC. 4644. SUPPORTING HIGH-ABILITY LEARNERS AND LEARNING.

       ``(a) Purpose.--The purpose of this section is to promote 
     and initiate a coordinated program, to be known as the `Jacob 
     K. Javits Gifted and Talented Students Education Program', of 
     evidence-based research, demonstration projects, innovative 
     strategies, and similar activities designed to build and 
     enhance the ability of elementary schools and secondary 
     schools nationwide to identify gifted and talented students 
     and meet their special educational needs.
       ``(b) Program Authorized.--
       ``(1) In general.--The Secretary (after consultation with 
     experts in the field of the education of gifted and talented 
     students) shall make awards to, or enter into contracts with, 
     State educational agencies, local educational agencies, the 
     Bureau of Indian Education, institutions of higher education, 
     other public agencies, and other private agencies and 
     organizations to assist such agencies, institutions, or 
     organizations, or the Bureau, in carrying out programs or 
     projects to fulfill the purpose described in section 
     4641(a)(3), including the training of personnel in the 
     identification and education of gifted and talented students 
     and in the use, where appropriate, of gifted and talented 
     services, materials, and methods for all students.
       ``(2) Application.--Each entity seeking assistance under 
     this section shall submit an application to the Secretary at 
     such time and in such manner as the Secretary may reasonably 
     require. Each application shall describe how--
       ``(A) the proposed identification methods, as well as 
     gifted and talented services, materials, and methods, can be 
     adapted, if appropriate, for use by all students; and
       ``(B) the proposed programs can be evaluated.
       ``(c) Uses of Funds.--Programs and projects assisted under 
     this section may include any of the following:
       ``(1) Conducting evidence-based research on methods and 
     techniques for identifying and teaching gifted and talented 
     students and for using gifted and talented programs and 
     methods to identify and provide the opportunity for all 
     students to be served, particularly low-income and at-risk 
     students.
       ``(2) Establishing and operating programs and projects for 
     identifying and serving gifted and talented students, 
     including innovative methods and strategies (such as summer 
     programs, mentoring programs, peer tutoring programs, service 
     learning programs, and cooperative learning programs 
     involving business, industry and education) for identifying 
     and educating students who may not be served by traditional 
     gifted and talented programs.
       ``(3) Providing technical assistance and disseminating 
     information, which may include how gifted and talented 
     programs and methods may be adapted for use by all students, 
     particularly low-income and at-risk students.
       ``(d) Center for Research and Development.--
       ``(1) In general.--The Secretary (after consultation with 
     experts in the field of the education of gifted and talented 
     students) shall establish a National Research Center for the 
     Education of Gifted and Talented Children and Youth through 
     grants to, or contracts with, one or more institutions of 
     higher education or State educational agencies, or a 
     combination or consortium of such institutions and agencies 
     and other public or private agencies and organizations, for 
     the purpose of carrying out activities described in 
     subsection (c).
       ``(2) Director.--The National Center shall be headed by a 
     Director. The Secretary may authorize the Director to carry 
     out such functions of the National Center as may be agreed 
     upon through arrangements with institutions of higher 
     education, State educational agencies, local educational 
     agencies, or other public or private agencies and 
     organizations.
       ``(e) Coordination.--Evidence-based activities supported 
     under this section--
       ``(1) shall be carried out in consultation with the 
     Institute of Education Sciences to ensure that such 
     activities are coordinated with and enhance the research and 
     development activities supported by the Institute; and
       ``(2) may include collaborative evidence-based activities 
     that are jointly funded and carried out with such Institute.
       ``(f) General Priority.--In carrying out this section, the 
     Secretary shall give highest priority to programs and 
     projects designed to--
       ``(1) develop new information that--
       ``(A) improves the capability of schools to plan, conduct, 
     and improve programs to identify and serve gifted and 
     talented students; or
       ``(B) assists schools in the identification of, and 
     provision of services to, gifted and talented students 
     (including economically disadvantaged individuals, 
     individuals who are English learners, and children with 
     disabilities) who may not be identified and served through 
     traditional assessment methods; or
       ``(2) implement evidence-based activities, defined in this 
     paragraph as activities meeting the requirements of section 
     8101(21)(A)(i).
       ``(g) Participation of Private School Children and 
     Teachers.--In making grants and entering into contracts under 
     this section, the Secretary shall ensure, where appropriate, 
     that provision is made for the equitable participation of 
     students and teachers in private nonprofit elementary schools 
     and secondary schools, including the participation of 
     teachers and other personnel in professional development 
     programs serving such students.
       ``(h) Review, Dissemination, and Evaluation.--The Secretary 
     shall--
       ``(1) use a peer-review process in reviewing applications 
     under this section;
       ``(2) ensure that information on the activities and results 
     of programs and projects funded under this section is 
     disseminated to appropriate State educational agencies, local 
     educational agencies, and other appropriate organizations, 
     including private nonprofit organizations; and
       ``(3) evaluate the effectiveness of programs under this 
     section in accordance with section 8601, in terms of the 
     impact on students traditionally served in separate gifted 
     and talented

[[Page H8505]]

     programs and on other students, and submit the results of 
     such evaluation to Congress not later than 2 years after the 
     date of enactment of the Every Student Succeeds Act.
       ``(i) Program Operations.--The Secretary shall ensure that 
     the programs under this section are administered within the 
     Department by a person who has recognized professional 
     qualifications and experience in the field of the education 
     of gifted and talented students and who shall--
       ``(1) administer and coordinate the programs authorized 
     under this section;
       ``(2) serve as a focal point of national leadership and 
     information on the educational needs of gifted and talented 
     students and the availability of educational services and 
     programs designed to meet such needs;
       ``(3) assist the Director of the Institute of Education 
     Sciences in identifying research priorities that reflect the 
     needs of gifted and talented students; and
       ``(4) disseminate, and consult on, the information 
     developed under this section with other offices within the 
     Department.''.
            TITLE V--STATE INNOVATION AND LOCAL FLEXIBILITY

     SEC. 5001. GENERAL PROVISIONS.

       (a) Title VI Redesignations.--Title VI (20 U.S.C. 7301 et 
     seq.) is redesignated as title V and further amended--
       (1) by redesignating sections 6121 through 6123 as sections 
     5101 through 5103, respectively;
       (2) by redesignating sections 6201 and 6202 as sections 
     5201 and 5202, respectively;
       (3) by redesignating sections 6211 through 6213 as sections 
     5211 through 5213, respectively;
       (4) by redesignating sections 6221 through 6224 as sections 
     5221 through 5224, respectively; and
       (5) by redesignating sections 6231 through 6234 as sections 
     5231 through 5234, respectively.
       (b) Structural and Conforming Amendments.--Title V (as 
     redesignated by subsection (a) of this section) is further 
     amended--
       (1) in part A, by striking subparts 1, 3, and 4;
       (2) by striking ``section 6212'' each place it appears and 
     inserting ``section 5212'';
       (3) by striking ``section 6223'' each place it appears and 
     inserting ``section 5223''; and
       (4) by striking ``section 6234'' each place it appears and 
     inserting ``section 5234''.

     SEC. 5002. FUNDING TRANSFERABILITY FOR STATE AND LOCAL 
                   EDUCATIONAL AGENCIES.

       Part A of title V, as redesignated and amended by section 
     5001 of this Act, is further amended--
       (1) in the part heading, by striking ``IMPROVING ACADEMIC 
     ACHIEVEMENT'' and inserting ``FUNDING TRANSFERABILITY FOR 
     STATE AND LOCAL EDUCATIONAL AGENCIES'';
       (2) by striking ``SUBPART 2--FUNDING TRANSFERABILITY FOR 
     STATE AND LOCAL EDUCATIONAL AGENCIES'';
       (3) by striking ``subpart'' each place it appears and 
     inserting ``part'';
       (4) by amending section 5102 to read as follows:

     ``SEC. 5102. PURPOSE.

       ``The purpose of this part is to allow States and local 
     educational agencies the flexibility to target Federal funds 
     to the programs and activities that most effectively address 
     the unique needs of States and localities.'';
       (5) in section 5103--
       (A) in subsection (a)--
       (i) in paragraph (1)--

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

       ``(A) Part A of title II.
       ``(B) Part A of title IV.
       ``(C) Section 4202(c)(3).''; and
       (ii) by striking paragraph (2) and inserting the following;
       ``(2) Additional funds.--In accordance with this part, a 
     State may transfer any funds allotted to the State under a 
     provision listed in paragraph (1) for a fiscal year to its 
     allotment under any other of the following provisions:
       ``(A) Part A of title I.
       ``(B) Part C of title I.
       ``(C) Part D of title I.
       ``(D) Part A of title III.
       ``(E) Part B.''.
       (B) in subsection (b)--
       (i) in paragraph (1)--

       (I) in subparagraph (A), by striking ``(except'' and all 
     that follows through ``subparagraph (C))'' and inserting 
     ``may transfer all, or any lesser amount, of the funds 
     allocated to it'';
       (II) by striking subparagraphs (B) and (C) and inserting:

       ``(B) Additional funds.--In accordance with this part, a 
     local educational agency may transfer any funds allotted to 
     such agency under a provision listed in paragraph (2) for a 
     fiscal year to its allotment under any other of the following 
     provisions:
       ``(i) Part A of title I.
       ``(ii) Part C of title I.
       ``(iii) Part D of title I.
       ``(iv) Part A of title III.
       ``(v) Part B.'';
       (ii) in paragraph (2)--

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

       ``(A) Part A of title II.
       ``(B) Part A of title IV.'';
       (C) by striking subsection (c) and inserting the following:
       ``(c) No Transfer of Certain Funding.--A State or local 
     educational agency may not transfer under this part to any 
     other program any funds allotted or allocated to it for the 
     following provisions:
       ``(1) Part A of title I.
       ``(2) Part C of title I.
       ``(3) Part D of title I.
       ``(4) Part A of title III.
       ``(5) Part B.''; and
       (D) in subsection (e)(2), by striking ``section 9501'' and 
     inserting ``section 8501''.

     SEC. 5003. RURAL EDUCATION INITIATIVE.

       Part B of title V, as redesignated and amended by section 
     5001 of this Act, is further amended--
       (1) in section 5211--
       (A) in subsection (a)(1), by striking subparagraphs (A) 
     through (E) and inserting the following:
       ``(A) Part A of title I.
       ``(B) Part A of title II.
       ``(C) Title III.
       ``(D) Part A or B of title IV.'';
       (B) in subsection (b)(1)--
       (i) in subparagraph (A)(ii)--

       (I) by striking ``school'' before ``locale code''; and
       (II) by striking ``7 or 8, as determined by the Secretary; 
     or'' and inserting ``41, 42, or 43, as determined by the 
     Secretary;'';

       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(C) the local educational agency is a member of an 
     educational service agency that does not receive funds under 
     this subpart and the local educational agency meets the 
     requirements of this part.''; and
       (C) in subsection (c), by striking paragraphs (1) through 
     (3) and inserting the following:
       ``(1) Part A of title II.
       ``(2) Part A of title IV.'';
       (2) in section 5212--
       (A) in subsection (a), by striking paragraphs (1) through 
     (5) and inserting the following:
       ``(1) Part A of title I.
       ``(2) Part A of title II.
       ``(3) Title III.
       ``(4) Part A or B of title IV.'';
       (B) in subsection (b)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) Allocation.--
       ``(A) In general.--Except as provided in paragraphs (3) and 
     (4), the Secretary shall award a grant under subsection (a) 
     to a local educational agency eligible under section 5211(b) 
     for a fiscal year in an amount equal to the initial amount 
     determined under paragraph (2) for the fiscal year minus the 
     total amount received by the agency under the provisions of 
     law described in section 5211(c) for the preceding fiscal 
     year.
       ``(B) Special determination.--For a local educational 
     agency that is eligible under section 5211(b)(1)(C) and is a 
     member of an educational service agency, the Secretary may 
     determine the award amount by subtracting from the initial 
     amount determined under paragraph (2), an amount that is 
     equal to that local educational agency's per-pupil share of 
     the total amount received by the educational service agency 
     under the provisions described in section 5211(c), as long as 
     a determination under this subparagraph would not 
     disproportionately affect any State.'';
       (ii) by striking paragraph (2) and inserting the following:
       ``(2) Determination of initial amount.--
       ``(A) In general.--The initial amount referred to in 
     paragraph (1) is equal to $100 multiplied by the total number 
     of students in excess of 50 students, in average daily 
     attendance at the schools served by the local educational 
     agency, plus $20,000, except that the initial amount may not 
     exceed $60,000.
       ``(B) Special rule.--For any fiscal year for which the 
     amount made available to carry out this part is $265,000,000 
     or more, subparagraph (A) shall be applied--
       ``(i) by substituting `$25,000' for `$20,000'; and
       ``(ii) by substituting `$80,000' for `$60,000'.''; and
       (iii) by adding at the end the following:
       ``(4) Hold harmless.--For a local educational agency that 
     is not eligible under this subpart due to amendments made by 
     the Every Student Succeeds Act to section 5211(b)(1)(A)(ii) 
     but met the eligibility requirements under section 6211(b) as 
     such section was in effect on the day before the date of 
     enactment of the Every Student Succeeds Act, the agency shall 
     receive--
       ``(A) for fiscal year 2017, 75 percent of the amount such 
     agency received for fiscal year 2015;
       ``(B) for fiscal year 2018, 50 percent of the amount such 
     agency received for fiscal year 2015; and
       ``(C) for fiscal year 2019, 25 percent of the amount such 
     agency received for fiscal year 2015.''; and
       (C) by striking subsection (d);
       (3) by striking section 5213;
       (4) in section 5221--
       (A) in subsection (a), by striking ``section 6222(a)'' and 
     inserting ``section 5222(a)'';
       (B) in subsection (b)--
       (i) in paragraph (1)--

       (I) by striking ``(A) 20 percent'' and inserting ``(A)(i) 
     20 percent'';
       (II) by redesignating subparagraph (B) as clause (ii);
       (III) in clause (ii) (as redesignated by subclause (II))--

       (aa) by striking ``school'' before ``locale code'';
       (bb) by striking ``6, 7, or 8'' and inserting ``32, 33, 41, 
     42, or 43''; and
       (cc) by striking the period at the end and inserting ``; 
     or''; and

       (IV) by adding at the end the following:

       ``(B) the agency meets the criteria established in clause 
     (i) of subparagraph (A) and the Secretary, in accordance with 
     paragraph (2),

[[Page H8506]]

     grants the local educational agency's request to waive the 
     criteria described in clause (ii) of such subparagraph.'';
       (ii) by redesignating paragraph (2) as paragraph (3); and
       (iii) by inserting after paragraph (1) the following:
       ``(2) Certification.--The Secretary shall determine whether 
     to waive the criteria described in paragraph (1)(A)(ii) based 
     on a demonstration by the local educational agency, and 
     concurrence by the State educational agency, that the local 
     educational agency is located in an area defined as rural by 
     a governmental agency of the State.'';
       (C) in subsection (c)(1) by striking ``Bureau of Indian 
     Affairs'' and inserting ``Bureau of Indian Education'';
       (5) in section 5222(a), by striking paragraphs (1) through 
     (7) and inserting the following:
       ``(1) Activities authorized under part A of title I.
       ``(2) Activities authorized under part A of title II.
       ``(3) Activities authorized under title III.
       ``(4) Activities authorized under part A of title IV.
       ``(5) Parental involvement activities.'';
       (6) in section 5223--
       (A) in subsection (a), by striking ``at such time, in such 
     manner, and accompanied by such information'' and inserting 
     ``at such time and in such manner''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) Contents.--Each application submitted under 
     subsection (a) shall include information on--
       ``(1) program objectives and outcomes for activities under 
     this subpart, including how the State educational agency or 
     specially qualified agency will use funds to help all 
     students meet the challenging State academic standards;
       ``(2) if the State educational agency will competitively 
     award grants to eligible local educational agencies, as 
     described in section 5221(b)(3)(A), the application under the 
     section shall include--
       ``(A) the methods and criteria the State educational agency 
     will use to review applications and award funds to local 
     educational agencies on a competitive basis; and
       ``(B) how the State educational agency will notify eligible 
     local educational agencies of the grant competition; and
       ``(3) a description of how the State educational agency 
     will provide technical assistance to eligible local 
     educational agencies to help such agencies implement the 
     activities described in section 5222.'';
       (7) in section 5224--
       (A) by striking the section heading and all that follows 
     through ``Each'' and inserting the following: ``REPORT.--
     Each'';
       (B) by striking subsections (b) through (e);
       (C) in the matter preceding paragraph (1), by inserting 
     ``or specially qualified agency'' after ``Each State 
     educational agency'';
       (D) by striking paragraph (1) and inserting the following:
       ``(1) if the report is submitted by a State educational 
     agency, the method the State educational agency used to award 
     grants to eligible local educational agencies, and to provide 
     assistance to schools, under this subpart;''; and
       (E) by striking paragraph (3) and inserting the following:
       ``(3) the degree to which progress has been made toward 
     meeting the objectives and outcomes described in the 
     application submitted under section 5223, including having 
     all students in the State or the area served by the specially 
     qualified agency, as applicable, meet the challenging State 
     academic standards.'';
       (8) by inserting after section 5224 the following:

     ``SEC. 5225. CHOICE OF PARTICIPATION.

       ``(a) In General.--If a local educational agency is 
     eligible for funding under both this subpart and subpart 1, 
     such local educational agency may receive funds under either 
     this subpart or subpart 1 for a fiscal year, but may not 
     receive funds under both subparts for such fiscal year.
       ``(b) Notification.--A local educational agency eligible 
     for funding under both this subpart and subpart 1 shall 
     notify the Secretary and the State educational agency under 
     which of such subparts the local educational agency intends 
     to receive funds for a fiscal year by a date that is 
     established by the Secretary for the notification.''; and
       (9) in section 5234, by striking ``$300,000,000 for fiscal 
     year 2002 and such sums as may be necessary for each of the 5 
     succeeding fiscal years,'' and inserting ``$169,840,000 for 
     each of the fiscal years 2017 through 2020,''.

     SEC. 5004. GENERAL PROVISIONS.

       Part C of title V, as redesignated by section 5001 of this 
     Act, is amended to read as follows:

                      ``PART C--GENERAL PROVISIONS

     ``SEC. 5301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, 
                   OR CONTROL.

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

     ``SEC. 5302. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

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

     SEC. 5005. REVIEW RELATING TO RURAL LOCAL EDUCATIONAL 
                   AGENCIES.

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

     SEC. 6001. CONFORMING AMENDMENTS.

       (a) Redesignation of Title.--Title VII (20 U.S.C. 7401 et 
     seq.) is redesignated as title VI.
       (b) Redesignations and Conforming Amendments.--The Act (20 
     U.S.C. 6301 et seq.) is amended--
       (1) by redesignating sections 7101, 7102, 7111, 7112, 7113, 
     7114, 7115, 7116, 7117, 7118, 7119, 7121, 7122, 7131, 7132, 
     7133, 7134, 7135, 7136, 7141, 7142, 7143, 7144, 7151, 7152, 
     7201, 7202, 7203, 7204, 7205, 7206, 7207, 7301, 7302, 7303, 
     7304, 7305, and 7306, as sections 6101, 6102, 6111, 6112, 
     6113, 6114, 6115, 6116, 6117, 6118, 6119, 6121, 6122, 6131, 
     6132, 6133, 6134, 6135, 6136, 6141, 6142, 6143, 6144, 6151, 
     6152, 6201, 6202, 6203, 6204, 6205, 6206, 6207, 6301, 6302, 
     6303, 6304, 6305, and 6306, respectively;
       (2) in section 6112 (as so redesignated), in subsection 
     (b)(1), by striking ``section 7117'' and inserting ``section 
     6117'';
       (3) in section 6113 (as so redesignated)--
       (A) in subsection (a)(1)(A), is amended by striking 
     ``section 7117'' and inserting ``section 6117'';
       (B) in subsection (b)(1), by striking ``section 7112'' and 
     inserting ``section 6112'';
       (C) in subsection (d)(2)--
       (i) by striking ``section 7114'' the first place it appears 
     and inserting ``section 6114''; and
       (ii) by striking ``section 7114(c)(4), section 7118(c), or 
     section 7119'' and inserting ``section 6114(c)(4), section 
     6118(c), or section 6119''; and
       (D) in subsection (e), by striking ``section 7152(a)'' and 
     inserting ``6152(a)'';
       (4) in section 6114 (as so redesignated)--
       (A) in subsection (b)(4), by striking ``section 7115'' and 
     inserting ``section 6115''; and
       (B) in subsection (c)(4)(D), by striking ``section 
     7115(c)'' and inserting ``section 6115(c)'';
       (5) in section 6115 (as so redesignated)--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1), by striking 
     ``section 7111'' and inserting ``section 6111''; and
       (ii) in paragraph (1), by striking ``section 7114(a)'' and 
     inserting ``section 6114(a)''; and
       (B) in subsection (c)--
       (i) in paragraph (1), by striking ``section 7114(c)(4)'' 
     and inserting ``section 6114(c)(4)''; and
       (ii) in paragraph (2), by striking ``section 7111'' and 
     inserting ``section 6111'';
       (6) in section 6116 (as so redesignated), in subsection 
     (d)(9), by striking ``section 7114(c)(4)'' and inserting 
     ``section 6114(c)(4)'';
       (7) in section 6117 (as so redesignated)--
       (A) in subsection (b)(1)(A)(i), by striking ``section 
     7151'' and inserting ``section 6151'';
       (B) in subsection (c), by striking ``section 7151'' and 
     inserting ``section 6151'';
       (C) in subsection (f)(3), by striking ``section 7113'' and 
     inserting ``section 6113''; and
       (D) in subsection (h)(1), by striking ``section 7114'' and 
     inserting ``section 6114'';
       (8) in section 6118 (as so redesignated), in subsection 
     (a), by striking ``section 7113'' and inserting ``section 
     6113'';
       (9) in section 6119 (as so redesignated), by striking 
     ``section 7114'' and inserting ``section 6114''; and
       (10) in section 6205 (as so redesignated), in subsection 
     (c)--
       (A) in paragraph (1), by striking ``section 7204'' and 
     inserting ``section 6204''; and
       (B) in paragraph (2), by striking ``section 7204'' and 
     inserting ``section 6204''.

     SEC. 6002. INDIAN EDUCATION.

       (a) Statement of Policy.--Section 6101 (20 U.S.C. 7401) (as 
     redesignated by section 6001) is amended by adding at the end 
     the following: ``It is further the policy of the United 
     States to ensure that Indian children do not attend school in 
     buildings that are dilapidated or deteriorating, which may 
     negatively affect the academic success of such children.''.
       (b) Purpose.--Section 6102 (20 U.S.C. 7402) (as 
     redesignated by section 6001) is amended to read as follows:

[[Page H8507]]

  


     ``SEC. 6102. PURPOSE.

       ``It is the purpose of this part to support the efforts of 
     local educational agencies, Indian tribes and organizations, 
     postsecondary institutions, and other entities--
       ``(1) to meet the unique educational and culturally related 
     academic needs of Indian students, so that such students can 
     meet the challenging State academic standards;
       ``(2) to ensure that Indian students gain knowledge and 
     understanding of Native communities, languages, tribal 
     histories, traditions, and cultures; and
       ``(3) to ensure that teachers, principals, other school 
     leaders, and other staff who serve Indian students have the 
     ability to provide culturally appropriate and effective 
     instruction and supports to such students.''.
       (c) Purpose.--Section 6111 (20 U.S.C. 7421) (as 
     redesignated by section 6001) is amended to read as follows:

     ``SEC. 6111. PURPOSE.

       ``It is the purpose of this subpart to support the efforts 
     of local educational agencies, Indian tribes and 
     organizations, and other entities in developing elementary 
     school and secondary school programs for Indian students that 
     are designed to--
       ``(1) meet the unique cultural, language, and educational 
     needs of such students; and
       ``(2) ensure that all students meet the challenging State 
     academic standards.''.
       (d) Grants to Local Educational Agencies and Tribes.--
     Section 6112 (20 U.S.C. 7422) (as redesignated by section 
     6001) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--The Secretary may make grants, from 
     allocations made under section 6113, and in accordance with 
     this section and section 6113, to--
       ``(1) local educational agencies;
       ``(2) Indian tribes, as provided under subsection (c)(1);
       ``(3) Indian organizations, as provided under subsection 
     (c)(1);
       ``(4) consortia of 2 or more local educational agencies, 
     Indian tribes, Indian organizations, or Indian community-
     based organizations, if each local educational agency 
     participating in such a consortium, if applicable--
       ``(A) provides an assurance that the eligible Indian 
     children served by such local educational agency will receive 
     the services of the programs funded under this subpart; and
       ``(B) is subject to all the requirements, assurances, and 
     obligations applicable to local educational agencies under 
     this subpart; and
       ``(5) Indian community-based organizations, as provided 
     under subsection (d)(1).'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``A local educational 
     agency shall'' and inserting ``Subject to paragraph (2), a 
     local educational agency shall'';
       (B) by redesignating paragraph (2) as paragraph (3); and
       (C) by inserting after paragraph (1) the following:
       ``(2) Cooperative agreements.--A local educational agency 
     may enter into a cooperative agreement with an Indian tribe 
     under this subpart if such Indian tribe--
       ``(A) represents not less than 25 percent of the eligible 
     Indian children who are served by such local educational 
     agency; and
       ``(B) requests that the local educational agency enter into 
     a cooperative agreement under this subpart.''; and
       (3) by striking subsection (c) and inserting the following:
       ``(c) Indian Tribes and Indian Organizations.--
       ``(1) In general.--If a local educational agency that is 
     otherwise eligible for a grant under this subpart does not 
     establish a committee under section 6114(c)(4) for such 
     grant, an Indian tribe, an Indian organization, or a 
     consortium of such entities, that represents more than one-
     half of the eligible Indian children who are served by such 
     local educational agency may apply for such grant.
       ``(2) Special rule.--
       ``(A) In general.--The Secretary shall treat each Indian 
     tribe, Indian organization, or consortium of such entities 
     applying for a grant pursuant to paragraph (1) as if such 
     tribe, Indian organization, or consortium were a local 
     educational agency for purposes of this subpart.
       ``(B) Exceptions.--Notwithstanding subparagraph (A), such 
     Indian tribe, Indian organization, or consortium shall not be 
     subject to the requirements of subsections (b)(7) or (c)(4) 
     of section 6114 or section 6118(c) or 6119.
       ``(3) Assurance to serve all indian children.--An Indian 
     tribe, Indian organization, or consortium of such entities 
     that is eligible to apply for a grant under paragraph (1) 
     shall include, in the application required under section 
     6114, an assurance that the entity will use the grant funds 
     to provide services to all Indian students served by the 
     local educational agency.
       ``(d) Indian Community-based Organization.--
       ``(1) In general.--If no local educational agency pursuant 
     to subsection (b), and no Indian tribe, Indian organization, 
     or consortium pursuant to subsection (c), applies for a grant 
     under this subpart in a particular community, an Indian 
     community-based organization serving the community of the 
     local educational agency may apply for such grant.
       ``(2) Applicability of special rule.--The Secretary shall 
     apply the special rule in subsection (c)(2) to an Indian 
     community-based organization applying for a grant under 
     paragraph (1) in the same manner as such rule applies to an 
     Indian tribe, Indian organization, or consortium described in 
     that subsection.
       ``(3) Definition of indian community-based organization.--
     In this subsection, the term `Indian community-based 
     organization' means any organization that--
       ``(A) is composed primarily of Indian parents, family 
     members, and community members, tribal government education 
     officials, and tribal members, from a specific community;
       ``(B) assists in the social, cultural, and educational 
     development of Indians in such community;
       ``(C) meets the unique cultural, language, and academic 
     needs of Indian students; and
       ``(D) demonstrates organizational and administrative 
     capacity to manage the grant.''.
       (e) Amount of Grants.--Section 6113 (20 U.S.C. 7423) (as 
     redesignated by section 6001) is amended--
       (1) in subsection (b)(1), by striking ``Bureau of Indian 
     Affairs'' and inserting ``Bureau of Indian Education''; and
       (2) in subsection (d)--
       (A) in the subsection heading, by striking ``Indian 
     Affairs'' and inserting ``Indian Education''; and
       (B) in paragraph (1)(A)(i), by striking ``Bureau of Indian 
     Affairs'' and inserting ``Bureau of Indian Education''.
       (f) Applications.--Section 6114 (20 U.S.C. 7424) (as 
     redesignated by section 6001) is amended--
       (1) in subsection (a), by striking ``Each local educational 
     agency'' and inserting ``Each entity described in section 
     6112(a)'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``American Indian and 
     Alaska Native'' and inserting ``Indian'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``is consistent with 
     the State and local plans'' and inserting ``is consistent 
     with the State, tribal, and local plans''; and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) includes program objectives and outcomes for 
     activities under this subpart that are based on the same 
     challenging State academic standards developed by the State 
     under title I for all students;'';
       (C) by striking paragraph (3) and inserting the following:
       ``(3) explains how the grantee will use funds made 
     available under this subpart to supplement other Federal, 
     State, and local programs that meet the needs of Indian 
     students;'';
       (D) in paragraph (5)(B), by striking ``and'' after the 
     semicolon;
       (E) in paragraph (6)--
       (i) in subparagraph (B)--

       (I) in clause (i), by striking ``and'' after the semicolon; 
     and
       (II) by adding at the end the following:

       ``(iii) the Indian tribes whose children are served by the 
     local educational agency, consistent with section 444 of the 
     General Education Provisions Act (20 U.S.C. 1232g) (commonly 
     referred to as the `Family Educational Rights and Privacy Act 
     of 1974'); and''; and
       (ii) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (F) by adding at the end the following:
       ``(7) describes the process the local educational agency 
     used to meaningfully collaborate with Indian tribes located 
     in the community in a timely, active, and ongoing manner in 
     the development of the comprehensive program and the actions 
     taken as a result of such collaboration.'';
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``for the education of 
     Indian children,'' and inserting ``for services described in 
     this subsection,'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (B), by striking ``served by such 
     agency;'' and inserting ``served by such agency, and meet 
     program objectives and outcomes for activities under this 
     subpart; and''; and
       (iii) by adding at the end the following:
       ``(C) determine the extent to which such activities by the 
     local educational agency address the unique cultural, 
     language, and educational needs of Indian students;'';
       (C) in paragraph (3)--
       (i) in subparagraph (A), by striking ``American Indian and 
     Alaska Native'' and inserting ``Indian''; and
       (ii) in subparagraph (C)--

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

       (D) in paragraph (4)--
       (i) in subparagraph (A)--

       (I) in clause (i), by inserting ``and family members'' 
     after ``parents'';
       (II) by redesignating clauses (ii) and (iii) as clauses 
     (iii) and (iv), respectively; and
       (III) by inserting after clause (i) the following:

       ``(ii) representatives of Indian tribes on Indian lands 
     located within 50 miles of any school that the agency will 
     serve if such tribes have any children in such school;'';
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) a majority of whose members are parents and family 
     members of Indian children;'';
       (iii) by striking subparagraph (C);
       (iv) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (C) and (D), respectively; and
       (v) in subparagraph (C) (as redesignated by clause (iv))--

       (I) in clause (i), by striking ``and'' after the semicolon;
       (II) in clause (ii), by striking ``American Indian and 
     Alaska Native'' and inserting ``Indian''; and
       (III) by adding at the end the following:

[[Page H8508]]

       ``(iii) determined that the program will directly enhance 
     the educational experience of Indian students; and''; and
       (vi) in subparagraph (D), as redesignated by clause (iv), 
     by striking the period at the end and inserting a semicolon; 
     and
       (E) by adding at the end the following:
       ``(5) the local educational agency will coordinate 
     activities under this title with other Federal programs 
     supporting educational and related services administered by 
     such agency;
       ``(6) the local educational agency conducted outreach to 
     parents and family members to meet the requirements under 
     this paragraph;
       ``(7) the local educational agency will use funds received 
     under this subpart only for activities described and 
     authorized in this subpart; and
       ``(8) the local educational agency has set forth such 
     policies and procedures, including policies and procedures 
     relating to the hiring of personnel, as will ensure that the 
     program for which assistance is sought will be operated and 
     evaluated in consultation with, and with the involvement of, 
     parents and family members of the children, and 
     representatives of the area, to be served.''; and
       (4) by adding at the end the following:
       ``(d) Technical Assistance.--The Secretary shall, directly 
     or by contract, provide technical assistance to a local 
     educational agency or Bureau of Indian Education school upon 
     request (in addition to any technical assistance available 
     under other provisions of this Act or available through the 
     Institute of Education Sciences) to support the services and 
     activities provided under this subpart, including technical 
     assistance for--
       ``(1) the development of applications under this subpart, 
     including identifying eligible entities that have not applied 
     for such grants and undertaking appropriate activities to 
     encourage such entities to apply for grants under this 
     subpart;
       ``(2) improvement in the quality of implementation, 
     content, and evaluation of activities supported under this 
     subpart; and
       ``(3) integration of activities under this subpart with 
     other educational activities carried out by the local 
     educational agency.''.
       (g) Authorized Services and Activities.--Section 6115 (20 
     U.S.C. 7425) (as redesignated by section 6001) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``solely for the 
     services and activities described in such application'' 
     before the semicolon; and
       (B) in paragraph (2), by striking ``with special regard 
     for'' and inserting ``to be responsive to'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Particular Activities.--The services and activities 
     referred to in subsection (a) may include--
       ``(1) activities that support Native American language 
     programs and Native American language restoration programs, 
     which may be taught by traditional leaders;
       ``(2) culturally related activities that support the 
     program described in the application submitted by the local 
     educational agency;
       ``(3) early childhood and family programs that emphasize 
     school readiness;
       ``(4) enrichment programs that focus on problem solving and 
     cognitive skills development and directly support the 
     attainment of challenging State academic standards;
       ``(5) integrated educational services in combination with 
     other programs that meet the needs of Indian children and 
     their families, including programs that promote parental 
     involvement in school activities and increase student 
     achievement;
       ``(6) career preparation activities to enable Indian 
     students to participate in programs such as the programs 
     supported by the Carl D. Perkins Career and Technical 
     Education Act of 2006 (20 U.S.C. 2301 et seq.), including 
     programs for tech-prep education, mentoring, and 
     apprenticeship;
       ``(7) activities to educate individuals so as to prevent 
     violence, suicide, and substance abuse;
       ``(8) the acquisition of equipment, but only if the 
     acquisition of the equipment is essential to achieve the 
     purpose described in section 6111;
       ``(9) activities that promote the incorporation of 
     culturally responsive teaching and learning strategies into 
     the educational program of the local educational agency;
       ``(10) family literacy services;
       ``(11) activities that recognize and support the unique 
     cultural and educational needs of Indian children, and 
     incorporate appropriately qualified tribal elders and 
     seniors;
       ``(12) dropout prevention strategies for Indian students; 
     and
       ``(13) strategies to meet the educational needs of at-risk 
     Indian students in correctional facilities, including such 
     strategies that support Indian students who are transitioning 
     from such facilities to schools served by local educational 
     agencies.'';
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) the local educational agency identifies in its 
     application how the use of such funds in a schoolwide program 
     will produce benefits to Indian students that would not be 
     achieved if the funds were not used in a schoolwide 
     program.''; and
       (4) by adding at the end the following:
       ``(e) Limitation on the Use of Funds.--Funds provided to a 
     grantee under this subpart may not be used for long-distance 
     travel expenses for training activities that are available 
     locally or regionally.''.
       (h) Integration of Services Authorized.--Section 6116 (20 
     U.S.C. 7426) (as redesignated by section 6001) is amended--
       (1) in subsection (g), in the matter preceding paragraph 
     (1)--
       (A) by striking ``No Child Left Behind Act of 2001'' and 
     inserting ``Every Student Succeeds Act'';
       (B) by inserting ``the Secretary of Health and Human 
     Services,'' after ``the Secretary of the Interior,''; and
       (C) by inserting ``and coordination'' after ``providing for 
     the implementation''; and
       (2) in subsection (o)--
       (A) in paragraph (1), by striking ``the No Child Left 
     Behind Act of 2001'' and inserting ``the Every Student 
     Succeeds Act''; and
       (B) in paragraph (2)--
       (i) by striking ``the No Child Left Behind Act of 2001'' 
     and inserting ``the Every Student Succeeds Act''; and
       (ii) by striking the second sentence.
       (i) Student Eligibility Forms.--Section 6117 (20 U.S.C. 
     7427) (as redesignated by section 6001) is amended--
       (1) in subsection (a), by adding at the end the following: 
     ``All individual data collected shall be protected by the 
     local educational agencies and only aggregated data shall be 
     reported to the Secretary.'';
       (2) by striking subsection (d);
       (3) by redesignating subsections (e), (f), (g), and (h), as 
     subsections (d), (e), (f), and (g), respectively;
       (4) by striking subsection (d), as redesignated by 
     paragraph (4), and inserting the following:
       ``(d) Documentation and Types of Proof.--
       ``(1) Types of proof.--For purposes of determining whether 
     a child is eligible to be counted for the purpose of 
     computing the amount of a grant award under section 6113, the 
     membership of the child, or any parent or grandparent of the 
     child, in a tribe or band of Indians (as so defined) may be 
     established by proof other than an enrollment number, 
     notwithstanding the availability of an enrollment number for 
     a member of such tribe or band. Nothing in subsection (b) 
     shall be construed to require the furnishing of an enrollment 
     number.
       ``(2) No new or duplicative determinations.--Once a child 
     is determined to be an Indian eligible to be counted for such 
     grant award, the local educational agency shall maintain a 
     record of such determination and shall not require a new or 
     duplicate determination to be made for such child for a 
     subsequent application for a grant under this subpart.
       ``(3) Previously filed forms.--An Indian student 
     eligibility form that was on file as required by this section 
     on the day before the date of enactment of the Every Student 
     Succeeds Act and that met the requirements of this section, 
     as this section was in effect on the day before the date of 
     the enactment of such Act, shall remain valid for such Indian 
     student.'';
       (5) in subsection (f), as redesignated by paragraph (4), by 
     striking ``Bureau of Indian Affairs'' and inserting ``Bureau 
     of Indian Education''; and
       (6) in subsection (g), as redesignated by paragraph (4), by 
     striking ``subsection (g)(1)'' and inserting ``subsection 
     (f)(1)''.
       (j) Payments.--Section 6118 (20 U.S.C. 7428) (as 
     redesignated by section 6001) is amended, by striking 
     subsection (c) and inserting the following:
       ``(c) Reduction of Payment for Failure To Maintain Fiscal 
     Effort.--Each local educational agency shall maintain fiscal 
     effort in accordance with section 8521 or be subject to 
     reduced payments under this subpart in accordance with such 
     section 8521.''.
       (k) Improvement of Educational Opportunities for Indian 
     Children and Youth.--Section 6121 (20 U.S.C. 7441) (as 
     redesignated by section 6001) is amended--
       (1) by striking the section header and inserting the 
     following:

     ``SEC. 6121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR 
                   INDIAN CHILDREN AND YOUTH.'';

       (2) in subsection (a)--
       (A) in paragraph (1), by inserting ``and youth'' after 
     ``Indian children''; and
       (B) in paragraph (2)(B), by striking ``American Indian and 
     Alaska Native children'' and inserting ``Indian children and 
     youth'';
       (3) in subsection (b), by striking ``Indian institution 
     (including an Indian institution of higher education)'' and 
     inserting ``a Tribal College or University (as defined in 
     section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b)))'';
       (4) by striking subsection (c) and inserting the following:
       ``(c) Grants Authorized.--The Secretary shall award grants 
     to eligible entities to enable such entities to carry out 
     activities that meet the purpose of this section, including--
       ``(1) innovative programs related to the educational needs 
     of educationally disadvantaged Indian children and youth;
       ``(2) educational services that are not available to such 
     children and youth in sufficient quantity or quality, 
     including remedial instruction, to raise the achievement of 
     Indian children in one or more of the subjects of English, 
     mathematics, science, foreign languages, art, history, and 
     geography;
       ``(3) bilingual and bicultural programs and projects;
       ``(4) special health and nutrition services, and other 
     related activities, that address the special health, social, 
     and psychological problems of Indian children and youth;
       ``(5) special compensatory and other programs and projects 
     designed to assist and encourage Indian children and youth to 
     enter, remain in, or reenter school, and to increase the rate 
     of high school graduation for Indian children and youth;
       ``(6) comprehensive guidance, counseling, and testing 
     services;
       ``(7) early childhood education programs that are effective 
     in preparing young children to

[[Page H8509]]

     make sufficient academic growth by the end of grade 3, 
     including kindergarten and pre-kindergarten programs, family-
     based preschool programs that emphasize school readiness, 
     screening and referral, and the provision of services to 
     Indian children and youth with disabilities;
       ``(8) partnership projects between local educational 
     agencies and institutions of higher education that allow 
     secondary school students to enroll in courses at the 
     postsecondary level to aid such students in the transition 
     from secondary to postsecondary education;
       ``(9) partnership projects between schools and local 
     businesses for career preparation programs designed to 
     provide Indian youth with the knowledge and skills such youth 
     need to make an effective transition from school to a high-
     skill career;
       ``(10) programs designed to encourage and assist Indian 
     students to work toward, and gain entrance into, institutions 
     of higher education;
       ``(11) family literacy services;
       ``(12) activities that recognize and support the unique 
     cultural and educational needs of Indian children and youth, 
     and incorporate traditional leaders;
       ``(13) high-quality professional development of teaching 
     professionals and paraprofessionals; or
       ``(14) other services that meet the purpose described in 
     this section.''; and
       (5) in subsection (d)--
       (A) in paragraph (1)(C), by striking ``make a grant payment 
     for a grant described in this paragraph to an eligible entity 
     after the initial year of the multiyear grant only if the 
     Secretary determines'' and inserting ``award grants for an 
     initial period of not more than 3 years and may renew such 
     grants for not more than an additional 2 years if the 
     Secretary determines''; and
       (B) in paragraph (3)(B)--
       (i) in clause (i), by striking ``parents of Indian 
     children'' and inserting ``parents and family of Indian 
     children''; and
       (ii) in clause (iii), by striking ``information 
     demonstrating that the proposed program for the activities is 
     a scientifically based research program'' and inserting 
     ``information demonstrating that the proposed program is an 
     evidence-based program''.
       (l) Professional Development for Teachers and Education 
     Professionals.--Section 6122 (20 U.S.C. 7442) (as 
     redesignated by section 6001) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) to increase the number of qualified Indian teachers 
     and administrators serving Indian students;'';
       (B) by striking paragraph (2) and inserting the following:
       ``(2) to provide pre- and in-service training and support 
     to qualified Indian individuals to enable such individuals to 
     become effective teachers, principals, other school leaders, 
     administrators, paraprofessionals, counselors, social 
     workers, and specialized instructional support personnel;'';
       (C) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(4) to develop and implement initiatives to promote 
     retention of effective teachers, principals, and school 
     leaders who have a record of success in helping low-achieving 
     Indian students improve their academic achievement, outcomes, 
     and preparation for postsecondary education or employment.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``including an Indian 
     institution of higher education'' and inserting ``including a 
     Tribal College or University, as defined in section 316(b) of 
     the Higher Education Act of 1965 (20 U.S.C. 1059c(b))''; and
       (B) in paragraph (4), by inserting ``in a consortium with 
     at least one Tribal College or University, as defined in 
     section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b)), where feasible'' before the period at the end;
       (3) in subsection (d)(1)--
       (A) in the first sentence, by striking ``purposes'' and 
     inserting ``purpose''; and
       (B) by striking the second sentence and inserting ``Such 
     activities may include--
       ``(A) continuing education programs, symposia, workshops, 
     and conferences;
       ``(B) teacher mentoring programs, professional guidance, 
     and instructional support provided by educators, local 
     traditional leaders, or cultural experts, as appropriate for 
     teachers during their first 3 years of employment as 
     teachers;
       ``(C) direct financial support; and
       ``(D) programs designed to train traditional leaders and 
     cultural experts to assist those personnel referenced in 
     subsection (a)(2), as appropriate, with relevant Native 
     language and cultural mentoring, guidance, and support.''; 
     and
       (4) by striking subsection (e) and inserting the following:
       ``(e) Application.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may reasonably require. At a minimum, an application under 
     this section shall describe how the eligible entity will--
       ``(1) recruit qualified Indian individuals, such as 
     students who may not be of traditional college age, to become 
     teachers, principals, or school leaders;
       ``(2) use funds made available under the grant to support 
     the recruitment, preparation, and professional development of 
     Indian teachers or principals in local educational agencies 
     that serve a high proportion of Indian students; and
       ``(3) assist participants in meeting the requirements under 
     subsection (h).'';
       (5) in subsection (f)--
       (A) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively;
       (B) by inserting before paragraph (2), as redesignated by 
     subparagraph (A), the following:
       ``(1) may give priority to Tribal Colleges and 
     Universities;''; and
       (C) in paragraph (3), as redesignated by subparagraph (A), 
     by striking ``basis of'' and all that follows through the 
     period at the end and inserting ``basis of the length of any 
     period for which the eligible entity has received a grant.'';
       (6) by striking subsection (g) and inserting the following:
       ``(g) Grant Period.--The Secretary shall award grants under 
     this section for an initial period of not more than 3 years, 
     and may renew such grants for an additional period of not 
     more than 2 years if the Secretary finds that the grantee is 
     achieving the objectives of the grant.''; and
       (7) in subsection (h)(1)(A)(ii), by striking ``people'' and 
     inserting ``students in a local educational agency that 
     serves a high proportion of Indian students''.
       (m) National Research Activities.--Section 6131 (20 U.S.C. 
     7451) (as redesignated by section 6001) is amended--
       (1) in subsection (a), by striking ``under section 
     7152(b)'' and inserting ``to carry out this subpart''; and
       (2) in subsection (c)(2), by inserting ``, the Bureau of 
     Indian Education,'' after ``Office of Indian Education 
     Programs''.
       (n) In-service Training for Teachers of Indian Children; 
     Fellowships for Indian Students; Gifted and Talented Indian 
     Students.--Title VI (20 U.S.C. 7401 et seq.) (as redesignated 
     by section 6001) is amended--
       (1) by striking sections 6132, 6133, and 6134 (as 
     redesignated by section 6001); and
       (2) by redesignating section 6135 (as redesignated by 
     section 6001) as section 6132.
       (o) Native American Language.--Title VI (20 U.S.C. 7401 et 
     seq.) (as redesignated by section 6001) is amended by 
     inserting after section 6132 (as redesignated by subsection 
     (n)(2)) the following:

     ``SEC. 6133. NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE 
                   IMMERSION SCHOOLS AND PROGRAMS.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to establish a grant program to support schools that 
     use Native American and Alaska Native languages as the 
     primary language of instruction;
       ``(2) to maintain, protect, and promote the rights and 
     freedom of Native Americans and Alaska Natives to use, 
     practice, maintain, and revitalize their languages, as 
     envisioned in the Native American Languages Act (25 U.S.C. 
     2901 et seq.); and
       ``(3) to support the Nation's First Peoples' efforts to 
     maintain and revitalize their languages and cultures, and to 
     improve educational opportunities and student outcomes within 
     Native American and Alaska Native communities.
       ``(b) Program Authorized.--
       ``(1) In general.--From funds reserved under section 
     6152(c), the Secretary shall reserve 20 percent to make 
     grants to eligible entities to develop and maintain, or to 
     improve and expand, programs that support schools, including 
     elementary school and secondary school education sites and 
     streams, using Native American and Alaska Native languages as 
     the primary languages of instruction.
       ``(2) Eligible entities.--In this subsection, the term 
     `eligible entity' means any of the following entities that 
     has a plan to develop and maintain, or to improve and expand, 
     programs that support the entity's use of a Native American 
     or Alaska Native language as the primary language of 
     instruction in elementary schools or secondary schools, or 
     both:
       ``(A) An Indian tribe.
       ``(B) A Tribal College or University (as defined in section 
     316 of the Higher Education Act of 1965 (20 U.S.C. 1059c)).
       ``(C) A tribal education agency.
       ``(D) A local educational agency, including a public 
     charter school that is a local educational agency under State 
     law.
       ``(E) A school operated by the Bureau of Indian Education.
       ``(F) An Alaska Native Regional Corporation (as described 
     in section 3(g) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1602(g))).
       ``(G) A private, tribal, or Alaska Native nonprofit 
     organization.
       ``(H) A nontribal for-profit organization.
       ``(c) Application.--
       ``(1) In general.--An eligible entity that desires to 
     receive a grant under this section shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary may require, including the following:
       ``(A) The name of the Native American or Alaska Native 
     language to be used for instruction at the school supported 
     by the eligible entity.
       ``(B) The number of students attending such school.
       ``(C) The number of hours of instruction in or through 1 or 
     more Native American or Alaska Native languages being 
     provided to targeted students at such school, if any.
       ``(D) A description of how the eligible entity will--
       ``(i) use the funds provided to meet the purposes of this 
     section;
       ``(ii) implement the activities described in subsection 
     (e);
       ``(iii) ensure the implementation of rigorous academic 
     content; and
       ``(iv) ensure that students progress toward high-level 
     fluency goals.
       ``(E) Information regarding the school's organizational 
     governance or affiliations, including information about--
       ``(i) the school governing entity (such as a local 
     educational agency, tribal education agency or department, 
     charter organization, private organization, or other 
     governing entity);
       ``(ii) the school's accreditation status;

[[Page H8510]]

       ``(iii) any partnerships with institutions of higher 
     education; and
       ``(iv) any indigenous language schooling and research 
     cooperatives.
       ``(F) An assurance that--
       ``(i) the school is engaged in meeting State or tribally 
     designated long-term goals for students, as may be required 
     by applicable Federal, State, or tribal law;
       ``(ii) the school provides assessments of students using 
     the Native American or Alaska Native language of instruction, 
     where possible;
       ``(iii) the qualifications of all instructional and 
     leadership personnel at such school is sufficient to deliver 
     high-quality education through the Native American or Alaska 
     Native language used in the school; and
       ``(iv) the school will collect and report to the public 
     data relative to student achievement and, if appropriate, 
     rates of high school graduation, career readiness, and 
     enrollment in postsecondary education or workforce 
     development programs, of students who are enrolled in the 
     school's programs.
       ``(2) Limitation.--The Secretary shall not give a priority 
     in awarding grants under this section based on the 
     information described in paragraph (1)(E).
       ``(3) Submission of certification.--
       ``(A) In general.--An eligible entity that is a public 
     elementary school or secondary school (including a public 
     charter school or a school operated by the Bureau of Indian 
     Education) or a nontribal for-profit or nonprofit 
     organization shall submit, along with the application 
     requirements described in paragraph (1), a certification 
     described in subparagraph (B) indicating that--
       ``(i) the school or organization has the capacity to 
     provide education primarily through a Native American or an 
     Alaska Native language; and
       ``(ii) there are sufficient speakers of the target language 
     at the school or available to be hired by the school or 
     organization.
       ``(B) Certification.--The certification described in 
     subparagraph (A) shall be from one of the following entities, 
     on whose land the school or program is located, that is an 
     entity served by such school, or that is an entity whose 
     members (as defined by that entity) are served by the school:
       ``(i) A Tribal College or University (as defined in section 
     316 of the Higher Education Act of 1965 (20 U.S.C. 1059c)).
       ``(ii) A Federally recognized Indian tribe or tribal 
     organization.
       ``(iii) An Alaska Native Regional Corporation or an Alaska 
     Native nonprofit organization.
       ``(iv) A Native Hawaiian organization.
       ``(d) Awarding of Grants.--In awarding grants under this 
     section, the Secretary shall--
       ``(1) determine the amount of each grant and the duration 
     of each grant, which shall not exceed 3 years; and
       ``(2) ensure, to the maximum extent feasible, that 
     diversity in languages is represented.
       ``(e) Activities Authorized.--
       ``(1) Required activities.--An eligible entity that 
     receives a grant under this section shall use such funds to 
     carry out the following activities:
       ``(A) Supporting Native American or Alaska Native language 
     education and development.
       ``(B) Providing professional development for teachers and, 
     as appropriate, staff and administrators to strengthen the 
     overall language and academic goals of the school that will 
     be served by the grant program.
       ``(2) Allowable activities.--An eligible entity that 
     receives a grant under this section may use such funds to 
     carry out the following activities:
       ``(A) Developing or refining curriculum, including teaching 
     materials and activities, as appropriate.
       ``(B) Creating or refining assessments written in the 
     Native American or Alaska Native language of instruction that 
     measure student proficiency and that are aligned with State 
     or tribal academic standards.
       ``(C) Carrying out other activities that promote the 
     maintenance and revitalization of the Native American or 
     Alaska Native language relevant to the grant program.
       ``(f) Report to Secretary.--Each eligible entity that 
     receives a grant under this section shall prepare and submit 
     an annual report to the Secretary, which shall include--
       ``(1) the activities the entity carried out to meet the 
     purposes of this section; and
       ``(2) the number of children served by the program and the 
     number of instructional hours in the Native American or 
     Alaska Native language.
       ``(g) Administrative Costs.--Not more than 5 percent of the 
     funds provided to a grantee under this section for any fiscal 
     year may be used for administrative purposes.''.
       (p) Grants to Tribes for Education Administrative Planning, 
     Development, and Coordination.--Section 6132 (20 U.S.C. 7455) 
     (as redesignated by subsection (n)) is amended to read as 
     follows:

     ``SEC. 6132. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE 
                   PLANNING, DEVELOPMENT, AND COORDINATION.

       ``(a) In General.--The Secretary may award grants under 
     this section to eligible applicants to enable the eligible 
     applicants to--
       ``(1) promote tribal self-determination in education;
       ``(2) improve the academic achievement of Indian children 
     and youth; and
       ``(3) promote the coordination and collaboration of tribal 
     educational agencies with State educational agencies and 
     local educational agencies to meet the unique educational and 
     culturally related academic needs of Indian students.
       ``(b) Definitions.--In this section:
       ``(1) Eligible applicant.--In this section, the term 
     `eligible applicant' means--
       ``(A) an Indian tribe or tribal organization approved by an 
     Indian tribe; or
       ``(B) a tribal educational agency.
       ``(2) Indian tribe.--The term `Indian tribe' means a 
     federally recognized tribe or a State-recognized tribe.
       ``(3) Tribal educational agency.--The term `tribal 
     educational agency' means the agency, department, or 
     instrumentality of an Indian tribe that is primarily 
     responsible for supporting tribal students' elementary and 
     secondary education.
       ``(c) Grant Program.--The Secretary may award grants to--
       ``(1) eligible applicants described under subsection 
     (b)(1)(A) to plan and develop a tribal educational agency, if 
     the tribe or organization has no current tribal educational 
     agency, for a period of not more than 1 year; and
       ``(2) eligible applicants described under subsection 
     (b)(1)(B), for a period of not more than 3 years, in order 
     to--
       ``(A) directly administer education programs, including 
     formula grant programs under this Act, consistent with State 
     law and under a written agreement between the parties;
       ``(B) build capacity to administer and coordinate such 
     education programs, and to improve the relationship and 
     coordination between such applicants and the State 
     educational agencies and local educational agencies that 
     educate students from the tribe;
       ``(C) receive training and support from the State 
     educational agency and local educational agency, in areas 
     such as data collection and analysis, grants management and 
     monitoring, fiscal accountability, and other areas as needed;
       ``(D) train and support the State educational agency and 
     local educational agency in areas related to tribal history, 
     language, or culture;
       ``(E) build on existing activities or resources rather than 
     replacing other funds; and
       ``(F) carry out other activities, consistent with the 
     purposes of this section.
       ``(d) Grant Application.--
       ``(1) In general.--Each eligible applicant desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may reasonably prescribe.
       ``(2) Contents.--Each application described in paragraph 
     (1) shall contain--
       ``(A) a statement describing the activities to be 
     conducted, and the objectives to be achieved, under the 
     grant;
       ``(B) a description of the method to be used for evaluating 
     the effectiveness of the activities for which assistance is 
     sought and for determining whether such objectives are 
     achieved; and
       ``(C) for applications for activities under subsection 
     (c)(2), evidence of--
       ``(i) a preliminary agreement with the appropriate State 
     educational agency, 1 or more local educational agencies, or 
     both the State educational agency and a local educational 
     agency; and
       ``(ii) existing capacity as a tribal educational agency.
       ``(3) Approval.--The Secretary may approve an application 
     submitted by an eligible applicant under this subsection if 
     the application, including any documentation submitted with 
     the application--
       ``(A) demonstrates that the eligible applicant has 
     consulted with other education entities, if any, within the 
     territorial jurisdiction of the applicant that will be 
     affected by the activities to be conducted under the grant;
       ``(B) provides for consultation with such other education 
     entities in the operation and evaluation of the activities 
     conducted under the grant; and
       ``(C) demonstrates that there will be adequate resources 
     provided under this section or from other sources to complete 
     the activities for which assistance is sought.
       ``(e) Restrictions.--
       ``(1) In general.--An Indian tribe may not receive funds 
     under this section if the tribe receives funds under section 
     1140 of the Education Amendments of 1978 (20 U.S.C. 2020).
       ``(2) Direct services.--No funds under this section may be 
     used to provide direct services.
       ``(f) Supplement, Not Supplant.--Funds under this section 
     shall be used to supplement, and not supplant, other Federal, 
     State, and local programs that meet the needs of tribal 
     students.''.
       (q) Improvement of Educational Opportunities for Adult 
     Indians.--Title VI (20 U.S.C. 7401 et seq.) (as redesignated 
     by section 6001) is amended by striking section 6136.
       (r) National Advisory Council on Indian Education.--Section 
     6141(b)(1) (20 U.S.C. 7471(b)(1)) (as redesignated by section 
     6001) is amended by inserting ``and the Secretary of the 
     Interior'' after ``advise the Secretary''.
       (s) Definitions.--Section 6151 (20 U.S.C. 7491) (as 
     redesignated by section 6001) is amended by adding at the end 
     the following:
       ``(4) Traditional leaders.--The term `traditional leaders' 
     has the meaning given the term in section 103 of the Native 
     American Languages Act (25 U.S.C. 2902).''.
       (t) Authorizations of Appropriations.--Section 6152 (20 
     U.S.C. 7492) (as redesignated by section 6001) is amended--
       (1) in subsection (a), by striking ``$96,400,000 for fiscal 
     year 2002 and such sums as may be necessary for each of the 5 
     succeeding fiscal years'' and inserting ``$100,381,000 for 
     fiscal year 2017, $102,388,620 for fiscal year 2018, 
     $104,436,392 for fiscal year 2019, and $106,525,120 for 
     fiscal year 2020'';
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``Subparts 2 and 
     3'' and inserting ``Subpart 2'';
       (B) by striking ``subparts 2 and 3'' and inserting 
     ``subpart 2''; and
       (C) by striking ``$24,000,000 for fiscal year 2002 and such 
     sums as may be necessary for each of the 5 succeeding fiscal 
     years'' and inserting ``$17,993,000 for each of fiscal years 
     2017 through 2020''; and

[[Page H8511]]

       (3) by adding at the end the following:
       ``(c) Subpart 3.--For the purpose of carrying out subpart 
     3, there are authorized to be appropriated $5,565,000 for 
     each of fiscal years 2017 through 2020.''.

     SEC. 6003. NATIVE HAWAIIAN EDUCATION.

       (a) Findings.--Section 6202 (20 U.S.C. 7512) (as 
     redesignated by section 6001) is amended by striking 
     paragraphs (14) through (21).
       (b) Native Hawaiian Education Council.--Section 6204 (20 
     U.S.C. 7514) (as redesignated by section 6001) is amended to 
     read as follows:

     ``SEC. 6204. NATIVE HAWAIIAN EDUCATION COUNCIL.

       ``(a) Grant Authorized.--In order to better effectuate the 
     purposes of this part through the coordination of educational 
     and related services and programs available to Native 
     Hawaiians, including those programs that receive funding 
     under this part, the Secretary shall award a grant to the 
     education council described under subsection (b).
       ``(b) Education Council.--
       ``(1) Eligibility.--To be eligible to receive the grant 
     under subsection (a), the council shall be an education 
     council (referred to in this section as the `Education 
     Council') that meets the requirements of this subsection.
       ``(2) Composition.--The Education Council shall consist of 
     15 members, of whom--
       ``(A) 1 shall be the President of the University of Hawaii 
     (or a designee);
       ``(B) 1 shall be the Governor of the State of Hawaii (or a 
     designee);
       ``(C) 1 shall be the Superintendent of the State of Hawaii 
     Department of Education (or a designee);
       ``(D) 1 shall be the chairperson of the Office of Hawaiian 
     Affairs (or a designee);
       ``(E) 1 shall be the executive director of Hawaii's Charter 
     School Network (or a designee);
       ``(F) 1 shall be the chief executive officer of the 
     Kamehameha Schools (or a designee);
       ``(G) 1 shall be the Chief Executive Officer of the Queen 
     Liliuokalani Trust (or a designee);
       ``(H) 1 shall be appointed by the Secretary, in a timely 
     manner, and chosen from a list of 5 individuals who represent 
     one or more private grant-making entities that is submitted 
     to the Secretary by the Education Council;
       ``(I) 1 shall be the Mayor of the County of Hawaii (or a 
     designee);
       ``(J) 1 shall be the Mayor of Maui County (or a designee 
     from the Island of Maui);
       ``(K) 1 shall be the Mayor of the County of Kauai (or a 
     designee);
       ``(L) 1 shall be appointed by the Secretary, in a timely 
     manner, and chosen from a list of 5 individuals who are from 
     the Island of Molokai or the Island of Lanai that is 
     submitted to the Secretary by the Mayor of Maui County;
       ``(M) 1 shall be the Mayor of the City and County of 
     Honolulu (or a designee);
       ``(N) 1 shall be the chairperson of the Hawaiian Homes 
     Commission (or a designee); and
       ``(O) 1 shall be the chairperson of the Hawaii Workforce 
     Development Council (or a designee representing the private 
     sector).
       ``(3) Requirements.--Any designee serving on the Education 
     Council shall demonstrate, as determined by the individual 
     who appointed such designee with input from the Native 
     Hawaiian community, not less than 5 years of experience as a 
     consumer or provider of Native Hawaiian educational or 
     cultural activities, with traditional cultural experience 
     given due consideration.
       ``(4) Limitation.--A member (including a designee), while 
     serving on the Education Council, shall not be a direct 
     recipient or administrator of grant funds that are awarded 
     under this part.
       ``(5) Term of members.--A member who is a designee shall 
     serve for a term of not more than 4 years.
       ``(6) Chair; vice chair.--
       ``(A) Selection.--The Education Council shall select a 
     Chairperson and a Vice Chairperson from among the members of 
     the Education Council.
       ``(B) Term limits.--The Chairperson and Vice Chairperson 
     shall each serve for a 2-year term.
       ``(7) Administrative provisions relating to education 
     council.--The Education Council shall meet at the call of the 
     Chairperson of the Council, or upon request by a majority of 
     the members of the Education Council, but in any event not 
     less often than every 120 days.
       ``(8) No compensation.--None of the funds made available 
     through the grant may be used to provide compensation to any 
     member of the Education Council or member of a working group 
     established by the Education Council, for functions described 
     in this section.
       ``(c) Use of Funds for Coordination Activities.--The 
     Education Council shall use funds made available through a 
     grant under subsection (a) to carry out each of the following 
     activities:
       ``(1) Providing advice about the coordination of, and 
     serving as a clearinghouse for, the educational and related 
     services and programs available to Native Hawaiians, 
     including the programs assisted under this part.
       ``(2) Assessing the extent to which such services and 
     programs meet the needs of Native Hawaiians, and collecting 
     data on the status of Native Hawaiian education.
       ``(3) Providing direction and guidance, through the 
     issuance of reports and recommendations, to appropriate 
     Federal, State, and local agencies in order to focus and 
     improve the use of resources, including resources made 
     available under this part, relating to Native Hawaiian 
     education, and serving, where appropriate, in an advisory 
     capacity.
       ``(4) Awarding grants, if such grants enable the Education 
     Council to carry out the activities described in paragraphs 
     (1) through (3).
       ``(5) Hiring an executive director, who shall assist in 
     executing the duties and powers of the Education Council, as 
     described in subsection (d).
       ``(d) Use of Funds for Technical Assistance.--The Education 
     Council shall use funds made available through a grant under 
     subsection (a) to--
       ``(1) provide technical assistance to Native Hawaiian 
     organizations that are grantees or potential grantees under 
     this part;
       ``(2) obtain from such grantees information and data 
     regarding grants awarded under this part, including 
     information and data about--
       ``(A) the effectiveness of such grantees in meeting the 
     educational priorities established by the Education Council, 
     as described in paragraph (6)(D), using metrics related to 
     these priorities; and
       ``(B) the effectiveness of such grantees in carrying out 
     any of the activities described in paragraph (3) of section 
     6205(a) that are related to the specific goals and purposes 
     of each grantee's grant project, using metrics related to 
     these goals and purposes;
       ``(3) assess and define the educational needs of Native 
     Hawaiians;
       ``(4) assess the programs and services available to address 
     the educational needs of Native Hawaiians;
       ``(5) assess and evaluate the individual and aggregate 
     impact achieved by grantees under this part in improving 
     Native Hawaiian educational performance and meeting the goals 
     of this part, using metrics related to these goals; and
       ``(6) prepare and submit to the Secretary, at the end of 
     each calendar year, an annual report that contains--
       ``(A) a description of the activities of the Education 
     Council during the calendar year;
       ``(B) a description of significant barriers to achieving 
     the goals of this part;
       ``(C) a summary of each community consultation session 
     described in subsection (e); and
       ``(D) recommendations to establish priorities for funding 
     under this part, based on an assessment of--
       ``(i) the educational needs of Native Hawaiians;
       ``(ii) programs and services available to address such 
     needs;
       ``(iii) the effectiveness of programs in improving the 
     educational performance of Native Hawaiian students to help 
     such students meet challenging State academic standards under 
     section 1111(b)(1); and
       ``(iv) priorities for funding in specific geographic 
     communities.
       ``(e) Use of Funds for Community Consultations.--The 
     Education Council shall use funds made available through the 
     grant under subsection (a) to hold not less than 1 community 
     consultation each year on each of the islands of Hawaii, 
     Maui, Molokai, Lanai, Oahu, and Kauai, at which--
       ``(1) not fewer than 3 members of the Education Council 
     shall be in attendance;
       ``(2) the Education Council shall gather community input 
     regarding--
       ``(A) current grantees under this part, as of the date of 
     the consultation;
       ``(B) priorities and needs of Native Hawaiians; and
       ``(C) other Native Hawaiian education issues; and
       ``(3) the Education Council shall report to the community 
     on the outcomes of the activities supported by grants awarded 
     under this part.
       ``(f) Funding.--For each fiscal year, the Secretary shall 
     use the amount described in section 6205(c)(2), to make a 
     payment under the grant. Funds made available through the 
     grant shall remain available until expended.''.
       (c) Program Authorized.--Section 6205 (20 U.S.C. 7515) (as 
     redesignated by section 6001) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (C), by striking ``and'' after the 
     semicolon;
       (ii) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (iii) by inserting after subparagraph (C) the following:
       ``(D) charter schools; and'';
       (B) in paragraph (3)--
       (i) in subparagraph (C)--

       (I) by striking ``third grade'' and inserting ``grade 3''; 
     and
       (II) by striking ``fifth and sixth grade'' and inserting 
     ``grades 5 and 6'';

       (ii) in subparagraph (D)(ii), by striking ``of those 
     students'' and inserting ``of such students'';
       (iii) in subparagraph (E)(ii), by striking ``students' 
     educational progress'' and inserting ``educational progress 
     of such students'';
       (iv) in subparagraph (G)(ii), by striking 
     ``concentrations'' and all that follows through ``; and'' and 
     inserting ``high concentrations of Native Hawaiian students 
     to meet the unique needs of such students; and''; and
       (v) in subparagraph (H)--

       (I) in the matter preceding clause (i), by striking 
     ``families'' and inserting ``students, parents, families,'';
       (II) in clause (i), by striking ``preschool programs'' and 
     inserting ``early childhood education programs'';
       (III) by striking clause (ii) and inserting the following:

       ``(ii) before, after, and summer school programs, expanded 
     learning time, or weekend academies;''; and

       (IV) in clause (iii), by striking ``vocational and adult 
     education programs'' and inserting ``career and technical 
     education programs''; and

       (vi) by striking clauses (i) through (v) of subparagraph 
     (I) and inserting the following:
       ``(i) family literacy services; and
       ``(ii) counseling, guidance, and support services for 
     students;''; and
       (C) by striking paragraph (4); and
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``such sums as may be 
     necessary for fiscal year 2002 and

[[Page H8512]]

     each of the 5 succeeding fiscal years'' and inserting 
     ``$32,397,000 for each of fiscal years 2017 through 2020''; 
     and
       (B) in paragraph (2), by striking ``for fiscal year 2002 
     and each of the 5 succeeding fiscal years'' and inserting 
     ``for each of fiscal years 2017 through 2020''.
       (d) Definitions.--Section 6207 (20 U.S.C. 7517) (as 
     redesignated by section 6001) is amended--
       (1) by redesignating paragraphs (1) through (6) as 
     paragraphs (2) through (7), respectively; and
       (2) by inserting before paragraph (2), as redesignated by 
     paragraph (1), the following:
       ``(1) Community consultation.--The term `community 
     consultation' means a public gathering--
       ``(A) to discuss Native Hawaiian education concerns; and
       ``(B) about which the public has been given not less than 
     30 days notice.''.

     SEC. 6004. ALASKA NATIVE EDUCATION.

       (a) Findings.--Section 6302 (20 U.S.C. 7542) (as 
     redesignated by section 6001) is amended by striking 
     paragraphs (1) through (7) and inserting the following:
       ``(1) It is the policy of the Federal Government to 
     maximize the leadership of and participation by Alaska 
     Natives in the planning and the management of Alaska Native 
     education programs and to support efforts developed by and 
     undertaken within the Alaska Native community to improve 
     educational opportunity for all students.
       ``(2) Many Alaska Native children enter and exit school 
     with serious educational disadvantages.
       ``(3) Overcoming the magnitude of the geographic 
     challenges, historical inequities, and other barriers to 
     successfully improving educational outcomes for Alaska Native 
     students in rural, village, and urban settings is 
     challenging. Significant disparities between academic 
     achievement of Alaska Native students and non-Native students 
     continue, including lower graduation rates, increased school 
     dropout rates, and lower achievement scores on standardized 
     tests.
       ``(4) The preservation of Alaska Native cultures and 
     languages and the integration of Alaska Native cultures and 
     languages into education, positive identity development for 
     Alaska Native students, and local, place-based, and culture-
     based programming are critical to the attainment of 
     educational success and the long-term well-being of Alaska 
     Native students.
       ``(5) Improving educational outcomes for Alaska Native 
     students increases access to employment opportunities.
       ``(6) The Federal Government should lend support to efforts 
     developed by and undertaken within the Alaska Native 
     community to improve educational opportunity for Alaska 
     Native students. In 1983, pursuant to Public Law 98-63, 
     Alaska ceased to receive educational funding from the Bureau 
     of Indian Affairs. The Bureau of Indian Education does not 
     operate any schools in Alaska, nor operate or fund Alaska 
     Native education programs. The program under this part 
     supports the Federal trust responsibility of the United 
     States to Alaska Natives.''.
       (b) Purposes.--Section 6303 (20 U.S.C. 7543) (as 
     redesignated by section 6001) is amended--
       (1) in paragraph (1), by inserting ``and address'' after 
     ``To recognize'';
       (2) by striking paragraph (3);
       (3) by redesignating paragraphs (2) and (4) as paragraphs 
     (4) and (5), respectively;
       (4) by inserting after paragraph (1) the following:
       ``(2) To recognize the role of Alaska Native languages and 
     cultures in the educational success and long-term well-being 
     of Alaska Native students.
       ``(3) To integrate Alaska Native cultures and languages 
     into education, develop Alaska Native students' positive 
     identity, and support local place-based and culture-based 
     curriculum and programming.'';
       (5) in paragraph (4), as redesignated by paragraph (3), by 
     striking ``of supplemental educational programs to benefit 
     Alaska Natives.'' and inserting ``, management, and expansion 
     of effective supplemental educational programs to benefit 
     Alaska Natives.''; and
       (6) by adding at the end the following:
       ``(6) To ensure the maximum participation by Alaska Native 
     educators and leaders in the planning, development, 
     implementation, management, and evaluation of programs 
     designed to serve Alaska Native students.''.
       (c) Program Authorized.--Section 6304 (20 U.S.C. 7544) (as 
     redesignated by section 6001) is amended to read as follows:

     ``SEC. 6304. PROGRAM AUTHORIZED.

       ``(a) General Authority.--
       ``(1) Grants and contracts.--The Secretary is authorized to 
     make grants to, or enter into contracts with--
       ``(A) Alaska Native organizations with experience operating 
     programs that fulfill the purposes of this part;
       ``(B) Alaska Native organizations that do not have the 
     experience described in subparagraph (A) but are in 
     partnership with--
       ``(i) a State educational agency or a local educational 
     agency; or
       ``(ii) an Alaska Native organization that operates a 
     program that fulfills the purposes of this part;
       ``(C) an entity located in Alaska, and predominately 
     governed by Alaska Natives, that does not meet the definition 
     of an Alaska Native organization under this part but--
       ``(i) has experience operating programs that fulfill the 
     purposes of this part; and
       ``(ii) is granted an official charter or sanction, as 
     described in the definition of a tribal organization under 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b), from at least one Alaska 
     Native tribe or Alaska Native organization to carry out 
     programs that meet the purposes of this part.
       ``(2) Mandatory activities.--Activities provided through 
     the programs carried out under this part shall include the 
     following:
       ``(A) The development and implementation of plans, methods, 
     strategies, and activities to improve the educational 
     outcomes of Alaska Natives.
       ``(B) The collection of data to assist in the evaluation of 
     the programs carried out under this part.
       ``(3) Permissible activities.--Activities provided through 
     programs carried out under this part may include the 
     following:
       ``(A) The development of curricula and programs that 
     address the educational needs of Alaska Native students, 
     including the following:
       ``(i) Curriculum materials that are culturally informed and 
     reflect the cultural diversity, languages, history, or the 
     contributions of Alaska Native people, including curricula 
     intended to preserve and promote Alaska Native culture.
       ``(ii) Instructional programs that make use of Alaska 
     Native languages and cultures.
       ``(iii) Networks that develop, test, and disseminate best 
     practices and introduce successful programs, materials, and 
     techniques to meet the educational needs of Alaska Native 
     students in urban and rural schools.
       ``(B) Training and professional development activities for 
     educators, including the following:
       ``(i) Pre-service and in-service training and professional 
     development programs to prepare teachers to develop 
     appreciation for, and understanding of, Alaska Native 
     history, cultures, values, and ways of knowing and learning 
     in order to effectively address the cultural diversity and 
     unique needs of Alaska Native students and improve the 
     teaching methods of educators.
       ``(ii) Recruitment and preparation of Alaska Native 
     teachers.
       ``(iii) Programs that will lead to the certification and 
     licensing of Alaska Native teachers, principals, other school 
     leaders, and superintendents.
       ``(C) Early childhood and parenting education activities 
     designed to improve the school readiness of Alaska Native 
     children, including--
       ``(i) the development and operation of home visiting 
     programs for Alaska Native preschool children, to ensure the 
     active involvement of parents in their children's education 
     from the earliest ages;
       ``(ii) training, education, and support, including in-home 
     visitation, for parents and caregivers of Alaska Native 
     children to improve parenting and caregiving skills 
     (including skills relating to discipline and cognitive 
     development, reading readiness, observation, storytelling, 
     and critical thinking);
       ``(iii) family literacy services;
       ``(iv) activities carried out under the Head Start Act (42 
     U.S.C. 9831 et seq.);
       ``(v) programs for parents and their infants, from the 
     prenatal period of the infant through age 3;
       ``(vi) early childhood education programs; and
       ``(vii) native language immersion within early childhood 
     education programs, Head Start, or preschool programs.
       ``(D) The development and operation of student enrichment 
     programs, including programs in science, technology, 
     engineering, and mathematics that--
       ``(i) are designed to prepare Alaska Native students to 
     excel in such subjects;
       ``(ii) provide appropriate support services to enable such 
     students to benefit from the programs; and
       ``(iii) include activities that recognize and support the 
     unique cultural and educational needs of Alaska Native 
     children and incorporate appropriately qualified Alaska 
     Native elders and other tradition bearers.
       ``(E) Research and data collection activities to determine 
     the educational status and needs of Alaska Native children 
     and adults and other such research and evaluation activities 
     related to programs funded under this part.
       ``(F) Activities designed to enable Alaska Native students 
     served under this part to meet the challenging State academic 
     standards or increase the graduation rates of Alaska Native 
     students, such as--
       ``(i) remedial and enrichment programs;
       ``(ii) culturally based education programs, such as--

       ``(I) programs of study and other instruction in Alaska 
     Native history and ways of living to share the rich and 
     diverse cultures of Alaska Natives among Alaska Native youth 
     and elders, non-Native students and teachers, and the larger 
     community;
       ``(II) instructing Alaska Native youth in leadership, 
     communication, and Alaska Native culture, arts, history, and 
     languages;
       ``(III) intergenerational learning and internship 
     opportunities to Alaska Native youth and young adults;
       ``(IV) providing cultural immersion activities aimed at 
     Alaska Native cultural preservation;
       ``(V) native language instruction and immersion activities, 
     including native language immersion nests or schools;
       ``(VI) school-within-a-school model programs; and
       ``(VII) preparation for postsecondary education and career 
     planning; and

       ``(iii) comprehensive school or community-based support 
     services, including services that--

       ``(I) address family instability and trauma; and
       ``(II) improve conditions for learning at home, in the 
     community, and at school.

       ``(G) Student and teacher exchange programs, cross-cultural 
     immersion programs, and culture camps designed to build 
     mutual respect and understanding among participants.
       ``(H) Education programs for at-risk urban Alaska Native 
     students that are designed to improve academic proficiency 
     and graduation

[[Page H8513]]

     rates, use strategies otherwise permissible under this part, 
     and incorporate a strong data collection and continuous 
     evaluation component.
       ``(I) Strategies designed to increase the involvement of 
     parents in their children's education.
       ``(J) Programs and strategies that increase connections 
     between and among schools, families, and communities, 
     including positive youth-adult relationships, to--
       ``(i) promote the academic progress and positive 
     development of Alaska Native children and youth; and
       ``(ii) improve conditions for learning at home, in the 
     community, and at school.
       ``(K) Career preparation activities to enable Alaska Native 
     children and adults to prepare for meaningful employment, 
     including programs providing tech-prep, mentoring, training, 
     and apprenticeship activities.
       ``(L) Support for the development and operational 
     activities of regional vocational schools in rural areas of 
     Alaska to provide students with necessary resources to 
     prepare for skilled employment opportunities.
       ``(M) Regional leadership academies that demonstrate 
     effectiveness in building respect and understanding, and 
     fostering a sense of Alaska Native identity in Alaska Native 
     students to promote their pursuit of and success in 
     completing higher education or career training.
       ``(N) Other activities, consistent with the purposes of 
     this part, to meet the educational needs of Alaska Native 
     children and adults.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $31,453,000 for each of fiscal years 2017 through 2020.''.
       (d) Administrative Provisions.--Section 6305 (20 U.S.C. 
     7545) (as redesignated by section 6001) is amended to read as 
     follows:

     ``SEC. 6305. ADMINISTRATIVE PROVISIONS.

       ``Not more than 5 percent of funds provided to an award 
     recipient under this part for any fiscal year may be used for 
     administrative purposes.''.
       (e) Definitions.--Section 6306 (20 U.S.C. 7546) (as 
     redesignated by section 6001) is amended--
       (1) in paragraph (1), by inserting ``(43 U.S.C. 1602(b)) 
     and includes the descendants of individuals so defined'' 
     after ``Settlement Act'';
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Alaska native organization.--The term `Alaska Native 
     organization' means an organization that has or commits to 
     acquire expertise in the education of Alaska Natives and is--
       ``(A) an Indian tribe, as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b), that is an Indian tribe located in Alaska;
       ``(B) a `tribal organization', as defined in section 4 of 
     such Act (25 U.S.C. 450b), that is a tribal organization 
     located in Alaska; or
       ``(C) an organization listed in clauses (i) through (xii) 
     of section 419(4)(B) of the Social Security Act (42 U.S.C. 
     619(4)(B)(i) through (xii)), or the successor of an entity so 
     listed.''.

     SEC. 6005. REPORT ON NATIVE AMERICAN LANGUAGE MEDIUM 
                   EDUCATION.

       (a) Definitions.--In this section:
       (1) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 8101 of the Elementary and Secondary 
     Education Act of 1965.
       (2) Local educational agency.--The term ``local educational 
     agency'' has the meaning given such term in section 8101 of 
     the Elementary and Secondary Education Act of 1965.
       (3) Native american; native american language.--The terms 
     ``Native American'' and ``Native American language'' have the 
     meanings given such terms in section 103 of the Native 
     American Languages Act of 1990 (25 U.S.C. 2902).
       (4) State educational agency.--The term ``State educational 
     agency'' has the meaning given such term in section 8101 of 
     the Elementary and Secondary Education Act of 1965.
       (b) Study.--By not later than 18 months after the date of 
     enactment of this Act, the Secretary of Education, in 
     collaboration with the Secretary of the Interior, shall--
       (1) conduct a study to evaluate all levels of education 
     being provided primarily through the medium of Native 
     American languages; and
       (2) report on the findings of such study.
       (c) Consultation.--In carrying out the study conducted 
     under subsection (b), the Secretary shall consult with--
       (1) institutions of higher education that conduct Native 
     American language immersion programs, including teachers of 
     such programs;
       (2) State educational agencies and local educational 
     agencies;
       (3) Indian tribes and tribal organizations, as such terms 
     are defined by section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b) that sponsor Native 
     American language immersion schools; and
       (4) experts in the fields of Native American or Alaska 
     Native language and Native American language medium 
     education, including scholars who are fluent in Native 
     American languages.
       (d) Scope of Study.--The study conducted under subsection 
     (b) shall evaluate the components, policies, and practices of 
     successful Native American language immersion schools and 
     programs, including--
       (1) the level of expertise in educational pedagogy, Native 
     American language fluency, and experience of the principal, 
     teachers, paraprofessionals, and other educational staff;
       (2) how such schools and programs are using Native American 
     languages to provide instruction in reading, language arts, 
     mathematics, science, and, as applicable, other academic 
     subjects;
       (3) 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 American 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 American language of instruction and in English 
     compare; and
       (4) the academic outcomes, 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 American 
     language.
       (e) Recommendations.--Not later than 18 months after the 
     date of enactment of this Act, the Secretary of Education, in 
     collaboration with the Secretary of the Interior, shall--
       (1) develop a report that includes findings and conclusions 
     regarding the study conducted under subsection (b), including 
     recommendations for such legislative and administrative 
     actions as the Secretary of Education considers to be 
     appropriate;
       (2) consult with the entities described in subsection (c) 
     in reviewing such findings and conclusions; and
       (3) submit the report 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.
       (D) The Subcommittee on Indian, Insular and Alaska Native 
     Affairs of the House of Representatives.

     SEC. 6006. REPORT ON RESPONSES TO INDIAN STUDENT SUICIDES.

       (a) Preparation.--
       (1) In general.--The Secretary of Education, in 
     coordination with the Secretary of the Interior and the 
     Secretary of Health and Human Services, shall prepare a 
     report on efforts to address outbreaks of suicides among 
     elementary school and secondary school students (referred to 
     in this section as ``student suicides'') that occurred within 
     1 year prior to the date of enactment of this Act in Indian 
     country (as defined in section 1151 of title 18, United 
     States Code).
       (2) Contents.--The report described in paragraph (1) shall 
     include information on--
       (A) the Federal response to the occurrence of high numbers 
     of student suicides in Indian country (as so defined);
       (B) a list of Federal resources available to prevent and 
     respond to outbreaks of student suicides, including the 
     availability and use of tele-behavioral health care;
       (C) any barriers to timely implementation of programs or 
     interagency collaboration regarding student suicides;
       (D) interagency collaboration efforts to streamline access 
     to programs regarding student suicides, including information 
     on how the Department of Education, the Department of the 
     Interior, and the Department of Health and Human Services 
     work together on administration of such programs;
       (E) recommendations to improve or consolidate resources or 
     programs described in subparagraph (B) or (D); and
       (F) feedback from Indian tribes to the Federal response 
     described in subparagraph (A).
       (b) Submission.--Not later than 270 days after the date of 
     enactment of this Act, the Secretary of Education shall 
     submit the report described in subsection (a) to the 
     appropriate committees of Congress.
                         TITLE VII--IMPACT AID

     SEC. 7001. GENERAL PROVISIONS.

       (a) Impact Aid Improvement Act of 2012.--Section 563(c) of 
     National Defense Authorization Act for Fiscal Year 2013 
     (Public Law 112-239; 126 Stat. 1748; 20 U.S.C. 6301 note) 
     (also known as the ``Impact Aid Improvement Act of 2012''), 
     as amended by section 563 of division A of Public Law 113-
     291, is amended--
       (1) by striking paragraphs (1) and (4); and
       (2) by redesignating paragraphs (2) and (3), as paragraphs 
     (1) and (2), respectively.
       (b) Repeal.--Section 309 of division H of the Consolidated 
     Appropriations Act, 2014 (Public Law 113-76; 20 U.S.C. 7702 
     note) is repealed.
       (c) Title VII Redesignations.--Title VIII (20 U.S.C. 7701 
     et seq.) is redesignated as title VII and further amended--
       (1) by redesignating sections 8001 through 8005 as sections 
     7001 through 7005, respectively; and
       (2) by redesignating sections 8007 through 8014 as sections 
     7007 through 7014, respectively.
       (d) Conforming Amendments.--Title VII (as redesignated by 
     subsection (c) of this section) is further amended--
       (1) by striking ``section 8002'' each place it appears and 
     inserting ``section 7002'';
       (2) by striking ``section 8003'' each place it appears and 
     inserting ``section 7003'';
       (3) by striking ``section 8003(a)(1)'' each place it 
     appears and inserting ``section 7003(a)(1)'';
       (4) by striking ``section 8003(a)(1)(C)'' each place it 
     appears and inserting ``section 7003(a)(1)(C)'';
       (5) by striking ``section 8003(a)(2)'' each place it 
     appears and inserting ``section 7003(a)(2)'';
       (6) by striking ``section 8003(b)'' each place it appears 
     and inserting ``section 7003(b)'';
       (7) by striking ``section 8003(b)(1)'' each place it 
     appears and inserting ``section 7003(b)(1)'';
       (8) by striking ``section 8003(b)(2)'' each place it 
     appears and inserting ``section 7003(b)(2)'';
       (9) by striking ``section 8014(a)'' each place it appears 
     and inserting ``section 7014(a)'';
       (10) by striking ``section 8014(b)'' each place it appears 
     and inserting ``section 7014(b)''; and
       (11) by striking ``section 8014(e)'' each place it appears 
     and inserting ``section 7014(d)''.

[[Page H8514]]

  


     SEC. 7002. PURPOSE.

       Section 7001, as redesignated by section 7001 of this Act, 
     is amended in the matter preceding paragraph (1), by striking 
     ``challenging State standards'' and inserting ``the same 
     challenging State academic standards''.

     SEC. 7003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL 
                   PROPERTY.

       Section 7002, as redesignated and amended by section 7001 
     of this Act, is further amended--
       (1) in subsection (a)(1)(C), by striking the matter 
     preceding clause (i) and inserting the following:
       ``(C) had an assessed value according to original records 
     (including facsimiles or other reproductions of those 
     records) documenting the assessed value of such property 
     (determined as of the time or times when so acquired) 
     prepared by the local officials referred to in subsection 
     (b)(3) or, when such original records are not available due 
     to unintentional destruction (such as natural disaster, fire, 
     flooding, pest infestation, or deterioration due to age), 
     other records, including Federal agency records, local 
     historical records, or other records that the Secretary 
     determines to be appropriate and reliable, aggregating 10 
     percent or more of the assessed value of--'';
       (2) in subsection (b)--
       (A) in paragraph (1)(C) by striking ``section 
     8003(b)(1)(C)'' and inserting ``section 7003(b)(1)(C)'';
       (B) in paragraph (3), by striking subparagraph (B) and 
     inserting the following:
       ``(B) Special rule.--In the case of Federal property 
     eligible under this section that is within the boundaries of 
     2 or more local educational agencies that are eligible under 
     this section, any of such agencies may ask the Secretary to 
     calculate (and the Secretary shall calculate) the taxable 
     value of the eligible Federal property that is within its 
     boundaries by--
       ``(i) first calculating the per-acre value of the eligible 
     Federal property separately for each eligible local 
     educational agency that shared the Federal property, as 
     provided in subparagraph (A)(ii);
       ``(ii) then averaging the resulting per-acre values of the 
     eligible Federal property from each eligible local 
     educational agency that shares the Federal property; and
       ``(iii) then applying the average per-acre value to 
     determine the total taxable value of the eligible Federal 
     property under subparagraph (A)(iii) for the requesting local 
     educational agency.'';
       (3) in subsection (e)(2), by adding at the end the 
     following: ``For each fiscal year beginning on or after the 
     date of enactment of the Every Student Succeeds Act, the 
     Secretary shall treat local educational agencies chartered in 
     1871 having more than 70 percent of the county in Federal 
     ownership as meeting the eligibility requirements of 
     subparagraphs (A) and (C) of subsection (a)(1).'';
       (4) by striking subsection (f) and inserting the following:
       ``(f) Special Rule.--For each fiscal year beginning on or 
     after the date of enactment of the Every Student Succeeds 
     Act, a local educational agency shall be deemed to meet the 
     requirements of subsection (a)(1)(C) if the agency was 
     eligible under paragraph (1) or (3) of section 8002(f) as 
     such section was in effect on the day before the date of 
     enactment of the Every Student Succeeds Act.'';
       (5) by striking subsection (g) and inserting the following:
       ``(g) Former Districts.--
       ``(1) Consolidations.--For fiscal year 2006 and each 
     succeeding fiscal year, if a local educational agency 
     described in paragraph (2) is formed at any time after 1938 
     by the consolidation of 2 or more former school districts, 
     the local educational agency may elect to have the Secretary 
     determine its eligibility for assistance under this section 
     for any fiscal year on the basis of 1 or more of those former 
     districts, as designated by the local educational agency.
       ``(2) Eligible local educational agencies.--A local 
     educational agency referred to in paragraph (1) is--
       ``(A) any local educational agency that, for fiscal year 
     1994 or any preceding fiscal year, applied, and was 
     determined to be eligible under, section 2(c) of the Act of 
     September 30, 1950 (Public Law 874, 81st Congress) as that 
     section was in effect for that fiscal year; or
       ``(B) a local educational agency--
       ``(i) that was formed by the consolidation of 2 or more 
     districts, at least 1 of which was eligible for assistance 
     under this section for the fiscal year preceding the year of 
     the consolidation; and
       ``(ii) which includes the designation referred to in 
     paragraph (1) in its application under section 7005 for a 
     fiscal year beginning on or after the date of enactment of 
     the Every Student Succeeds Act or any timely amendment to 
     such application.
       ``(3) Amount.--A local educational agency eligible under 
     paragraph (1) shall receive a foundation payment as provided 
     for under subparagraphs (A) and (B) of subsection (h)(1), 
     except that the foundation payment shall be calculated based 
     on the most recent payment received by the local educational 
     agency based on its status prior to consolidation.'';
       (6) in subsection (h)(4), by striking ``For each local 
     educational agency that received a payment under this section 
     for fiscal year 2010 through the fiscal year in which the 
     Impact Aid Improvement Act of 2012 is enacted'' and inserting 
     ``For each local educational agency that received a payment 
     under this section for fiscal year 2010 or any succeeding 
     fiscal year'';
       (7) by repealing subsections (k) and (m);
       (8) by redesignating subsection (l) as subsection (j);
       (9) in subsection (j) (as redesignated by paragraph (8)), 
     by striking ``(h)(4)(B)'' and inserting ``(h)(2)'';
       (10) by redesignating subsection (n) as subsection (k); and
       (11) in subsection (k)(1) (as redesignated by paragraph 
     (10)), by striking ``section 8013(5)(C)(iii)'' and inserting 
     ``section 7013(5)(C)(iii)''.

     SEC. 7004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED 
                   CHILDREN.

       Section 7003, as redesignated and amended by section 7001 
     of this Act, is further amended--
       (1) in subsection (a)(5)(A), by striking ``to be children'' 
     and all that follows through the period at the end and 
     inserting ``or under lease of off-base property under 
     subchapter IV of chapter 169 of title 10, United States Code, 
     to be children described under paragraph (1)(B), if the 
     property described is--
       ``(i) within the fenced security perimeter of the military 
     facility; or
       ``(ii) attached to, and under any type of force protection 
     agreement with, the military installation upon which such 
     housing is situated.'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking subparagraph (E); and
       (ii) by redesignating subparagraphs (F) and (G) as 
     subparagraphs (E) and (F), respectively;
       (B) in paragraph (2), by striking subparagraphs (B) through 
     (H) and inserting the following:
       ``(B) Eligibility for heavily impacted local educational 
     agencies.--
       ``(i) In general.--A heavily impacted local educational 
     agency is eligible to receive a basic support payment under 
     subparagraph (A) with respect to a number of children 
     determined under subsection (a)(1) if the agency--

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

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

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

       ``(aa) has an enrollment of children described in 
     subsection (a)(1) that constitutes a percentage of the total 
     student enrollment of the agency that is not less than 45 
     percent;
       ``(bb) has a per-pupil expenditure that is less than--
       ``(AA) for an agency that has a total student enrollment of 
     500 or more students, 125 percent of the average per-pupil 
     expenditure of the State in which the agency is located; or
       ``(BB) for any agency that has a total student enrollment 
     of less than 500 students, 150 percent of the average per-
     pupil expenditure of the State in which the agency is located 
     or the average per-pupil expenditure of 3 or more comparable 
     local educational agencies in the State in which the agency 
     is located; and
       ``(cc) is an agency that has a tax rate for general fund 
     purposes that is not less than 95 percent of the average tax 
     rate for general fund purposes of comparable local 
     educational agencies in the State;

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

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

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

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

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

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

       ``(I) In general.--Subject to subclause (II), a heavily 
     impacted local educational agency that met the requirements 
     of clause (i) for a fiscal year shall be ineligible to 
     receive a basic support payment under subparagraph (A) if the 
     agency fails to meet the requirements of clause (i) for a 
     subsequent fiscal year, except that such agency shall 
     continue to receive a basic support payment under this 
     paragraph for the fiscal year for which the ineligibility 
     determination is made.
       ``(II) Loss of eligibility due to falling below 95 percent 
     of the average tax rate for general fund purposes.--In the 
     case of a heavily impacted local educational agency described 
     in subclause (II) or (V) of clause (i) that

[[Page H8515]]

     is eligible to receive a basic support payment under 
     subparagraph (A), but that has had, for 2 consecutive fiscal 
     years, a tax rate for general fund purposes that falls below 
     95 percent of the average tax rate for general fund purposes 
     of comparable local educational agencies in the State, such 
     agency shall be determined to be ineligible under clause (i) 
     and ineligible to receive a basic support payment under 
     subparagraph (A) for each fiscal year succeeding such 2 
     consecutive fiscal years for which the agency has such a tax 
     rate for general fund purposes, and until the fiscal year for 
     which the agency resumes such eligibility in accordance with 
     clause (iii).
       ``(III) Taken over by state board of education.--In the 
     case of a heavily impacted local educational agency that is 
     eligible to receive a basic support payment under 
     subparagraph (A), but that has been taken over by a State 
     board of education in any 2 previous years, such agency shall 
     be deemed to maintain heavily impacted status for 2 fiscal 
     years following the date of enactment of the Every Student 
     Succeeds Act.

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

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

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

       ``(I) In general.--

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

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

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

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

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

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

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

       ``(I) In general.--For fiscal years 2010 through 2015, any 
     local educational agency that was found ineligible to receive 
     a payment under subparagraph (A) because the Secretary 
     determined that it failed to meet the average tax rate 
     requirement for general fund purposes in subparagraph 
     (B)(i)(II)(cc), shall be considered to have met that 
     requirement, if its State determined, through an alternate 
     calculation of average tax rates for general fund purposes, 
     that such local educational agency met that requirement.
       ``(II) Subsequent fiscal years after 2015.--For any 
     succeeding fiscal year after 2015, any local educational 
     agency identified in subclause (I) may continue to have its 
     State use that alternate methodology to calculate whether the 
     average tax rate requirement for general fund purposes under 
     subparagraph (B)(i)(II)(cc) is met.
       ``(III) Availability of funds.--Notwithstanding any other 
     provision of law limiting the period during which the 
     Secretary may obligate funds appropriated for any fiscal year 
     after 2012, the Secretary shall reserve a total of 
     $14,000,000 from funds that remain unobligated under this 
     section from fiscal years 2015 or 2016 in order to make 
     payments under this clause for fiscal years 2011 through 
     2014.

       ``(G) Eligibility for heavily impacted local educational 
     agencies affected by privatization of military housing.--
       ``(i) Eligibility.--For any fiscal year, a heavily impacted 
     local educational agency that received a basic support 
     payment under this paragraph for the prior fiscal year, but 
     is ineligible for such payment for the current fiscal year 
     under subparagraph (B) due to the conversion of military 
     housing units to private housing described in clause (iii), 
     or as the direct result of base realignment and closure or 
     modularization as determined by the Secretary of Defense and 
     force structure change or force relocation, shall be deemed 
     to meet the eligibility requirements under subparagraph (B) 
     for the period during which the housing units are undergoing 
     such conversion or during such time as activities associated 
     with base closure and realignment, modularization, force 
     structure change, or force relocation are ongoing.
       ``(ii) Amount of payment.--The amount of a payment to a 
     heavily impacted local educational agency for a fiscal year 
     by reason of the application of clause (i), and calculated in 
     accordance with subparagraph (C) or (D), as the case may be, 
     shall be based on the number of children in average daily 
     attendance in the schools of such agency for the fiscal year 
     and under the same provisions of subparagraph (C) or (D) 
     under which the agency was paid during the prior fiscal year.
       ``(iii) Conversion of military housing units to private 
     housing described.--For purposes of clause (i), `conversion 
     of military housing units to private housing' means the 
     conversion of military housing units to private housing units 
     pursuant to subchapter IV of chapter 169 of title 10, United 
     States Code, or pursuant to any other related provision of 
     law.'';
       (C) in paragraph (3)--
       (i) in subparagraph (B), by striking clause (iii) and 
     inserting the following:
       ``(iii) In the case of a local educational agency providing 
     a free public education to students enrolled in kindergarten 
     through grade 12, that enrolls students described in 
     subparagraphs (A), (B), and (D) of subsection (a)(1) only in 
     grades 9 through 12, and that received a final payment for 
     fiscal year 2009 calculated under section 8003(b)(3) (as such 
     section was in effect on the day before the date of enactment 
     of the Every Student Succeeds Act) for students in grades 9 
     through 12, the Secretary shall, in calculating the agency's 
     payment, consider only that portion of such agency's total 
     enrollment of students in grades 9 through 12 when 
     calculating the percentage under clause (i)(I) and only that 
     portion of the total current expenditures attributed to the 
     operation of grades 9 through 12 in such agency when 
     calculating the percentage under clause (i)(II).'';
       (ii) in subparagraph (C), by striking ``subparagraph (D) or 
     (E) of paragraph (2), as the case may be'' and inserting 
     ``subparagraph (C) or (D) of paragraph (2), as the case may 
     be''; and
       (iii) by striking subparagraph (D) and inserting the 
     following:
       ``(D) Ratable distribution.--For fiscal years described in 
     subparagraph (A), for which the sums available exceed the 
     amount required to pay each local educational agency 100 
     percent of its threshold payment, the Secretary shall 
     distribute the excess sums to each eligible local educational 
     agency that has not received its full amount computed under 
     paragraphs (1) or (2) (as the case may be) by multiplying--
       ``(i) a percentage, the denominator of which is the 
     difference between the full amount computed under paragraph 
     (1) or (2) (as the case may be) for all local educational 
     agencies and the amount of the threshold payment (as 
     calculated under subparagraphs (B) and (C)) of all local 
     educational agencies, and the numerator of which is the 
     aggregate of the excess sums, by
       ``(ii) the difference between the full amount computed 
     under paragraph (1) or (2) (as the case may be) for the 
     agency and the amount of the threshold payment (as calculated 
     under subparagraphs (B) or (C)) of the agency, except that no 
     local educational agency shall receive more than 100 percent 
     of the maximum payment calculated under subparagraph (C) or 
     (D) of paragraph (2).

[[Page H8516]]

       ``(E) Insufficient payments.--For each fiscal year 
     described in subparagraph (A) for which the sums appropriated 
     are insufficient to pay each local educational agency all of 
     the local educational agency's threshold payment described in 
     subparagraph (B), the Secretary shall ratably reduce the 
     payment to each local educational agency under this 
     paragraph.
       ``(F) Increases.--
       ``(i) Increases based on insufficient funds.--If additional 
     funds become available under 7014(b) for making payments 
     under paragraphs (1) and (2) and those funds are not 
     sufficient to increase each local educational agency's 
     threshold payment above 100 percent of its threshold payment 
     described in subparagraph (B), payments that were reduced 
     under subparagraph (E) shall be increased by the Secretary on 
     the same basis as such payments were reduced.
       ``(ii) Increases based on sufficient funds.--If additional 
     funds become available under section 7014(b) for making 
     payments under paragraphs (1) and (2) and those funds are 
     sufficient to increase each local educational agency's 
     threshold payment above 100 percent of its threshold payment 
     described in subparagraph (B), the payment for each local 
     educational agency shall be 100 percent of its threshold 
     payment. The Secretary shall then distribute the excess sums 
     to each eligible local educational agency in accordance with 
     subparagraph (D).
       ``(G) Provision of tax rate and resulting percentage.--As 
     soon as practicable following the payment of funds under 
     paragraph (2) to an eligible local educational agency, the 
     Secretary shall provide the local educational agency with a 
     description of--
       ``(i) the tax rate of the local educational agency; and
       ``(ii) the percentage such tax rate represents of the 
     average tax rate for general fund purposes of comparable 
     local educational agencies in the State as determined under 
     subclauses (II)(cc), III(aa), or (V)(bb) of paragraph 
     (2)(B)(i) (as the case may be).''; and
       (D) in paragraph (4)--
       (i) in subparagraph (A), by striking ``through (D)'' and 
     inserting ``and (C)''; and
       (ii) in subparagraph (B), by striking ``subparagraph (D) or 
     (E)'' and inserting ``subparagraph (C) or (D)'';
       (3) in subsection (c), by striking paragraph (2) and 
     inserting the following:
       ``(2) Exception.--Calculation of payments for a local 
     educational agency shall be based on data from the fiscal 
     year for which the agency is making an application for 
     payment if such agency--
       ``(A) is newly established by a State, for the first year 
     of operation of such agency only;
       ``(B) was eligible to receive a payment under this section 
     for the previous fiscal year and has had an overall increase 
     in enrollment (as determined by the Secretary in consultation 
     with the Secretary of Defense, the Secretary of the Interior, 
     or the heads of other Federal agencies)--
       ``(i)(I) of not less than 10 percent of children described 
     in--
       ``(aa) subparagraph (A), (B), (C), or (D) of subsection 
     (a)(1); or
       ``(bb) subparagraphs (F) and (G) of subsection (a)(1), but 
     only to the extent that such children are civilian dependents 
     of employees of the Department of Defense or the Department 
     of the Interior; or
       ``(II) of not less than 100 of such children; and
       ``(ii) that is the direct result of closure or realignment 
     of military installations under the base closure process or 
     the relocation of members of the Armed Forces and civilian 
     employees of the Department of Defense as part of the force 
     structure changes or movements of units or personnel between 
     military installations or because of actions initiated by the 
     Secretary of the Interior or the head of another Federal 
     agency; or
       ``(C) was eligible to receive a payment under this section 
     for the previous fiscal year and has had an increase in 
     enrollment (as determined by the Secretary)--
       ``(i) of not less than 10 percent of children described in 
     subsection (a)(1) or not less than 100 of such children; and
       ``(ii) that is the direct result of the closure of a local 
     educational agency that received a payment under subsection 
     (b)(1) or (b)(2) for the previous fiscal year.'';
       (4) in subsection (d)(1), by striking ``section 8014(c)'' 
     and inserting ``section 7014(c)'';
       (5) in subsection (e)--
       (A) by redesignating paragraph (3) as paragraph (4);
       (B) by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) In general.--In the case of any local educational 
     agency eligible to receive a payment under subsection (b) 
     whose calculated payment amount for a fiscal year is reduced 
     by 20 percent, as compared to the amount received for the 
     previous fiscal year, the Secretary shall pay the local 
     educational agency, for the year of the reduction and the 
     following 2 years, the amount determined under paragraph (2).
       ``(2) Amount of reduction.--Subject to paragraph (3), A 
     local educational agency described in paragraph (1) shall 
     receive--
       ``(A) for the first year for which the reduced payment is 
     determined, an amount that is not less than 90 percent of the 
     total amount that the local educational agency received under 
     subsection (b) for the previous fiscal year;
       ``(B) for the second year following such reduction, an 
     amount that is not less than 85 percent of the total amount 
     that the local educational agency received under subparagraph 
     (A); and
       ``(C) for the third year following such reduction, an 
     amount that is not less than 80 percent of the total amount 
     that the local educational agency received under subparagraph 
     (B).
       ``(3) Special rule.--For any fiscal year for which a local 
     educational agency would receive a payment under subsection 
     (b) in excess of the amount determined under paragraph (2), 
     the payment received by the local educational agency for such 
     fiscal year shall be calculated under paragraph (1) or (2) of 
     subsection (b).''; and
       (6) by striking subsection (g).

     SEC. 7005. POLICIES AND PROCEDURES RELATING TO CHILDREN 
                   RESIDING ON INDIAN LANDS.

       Section 7004(e)(9), as redesignated and amended by section 
     7001 of this Act, is further amended by striking ``Affairs'' 
     both places the term appears and inserting ``Education''.

     SEC. 7006. APPLICATION FOR PAYMENTS UNDER SECTIONS 7002 AND 
                   7003.

        Section 7005, as redesignated and amended by section 7001 
     of this Act, is further amended--
       (1) in the section heading, by striking ``8002 AND 8003'' 
     and inserting ``7002 AND 7003'';
       (2) by striking ``or 8003'' each place it appears and 
     inserting ``or 7003'';
       (3) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking ``, 
     and shall contain such information,''; and
       (B) by striking ``section 8004'' and inserting ``section 
     7004''; and
       (4) in subsection (d)(2), by striking ``section 8003(e)'' 
     and inserting ``section 7003(e)'';

     SEC. 7007. CONSTRUCTION.

       Section 7007, as redesignated and amended by section 7001 
     of this Act, is further amended--
       (1) in subsection (a)--
       (A) in paragraph (3)(A)(i)--
       (i) by redesignating the first subclause (II) as subclause 
     (I);
       (ii) in subclause (II), by striking ``section 8008(a)'' and 
     inserting ``section 7008(a)''; and
       (B) in paragraph (4), by striking ``section 8013(3)'' and 
     inserting ``section 7013(3)''; and
       (2) in subsection (b)--
       (A) in paragraph (3)(C)(i)(I), by adding at the end the 
     following:

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

       (B) in paragraph (6)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``, in such manner, and accompanied by such information'' and 
     inserting ``and in such manner'';
       (ii) in subparagraph (A), by inserting before the period at 
     the end the following: ``, and containing such additional 
     information as may be necessary to meet any award criteria 
     for a grant under this subsection as provided by any other 
     Act''; and
       (iii) by striking subparagraph (F).

     SEC. 7008. FACILITIES.

       Section 7008(a), as redesignated by section 7001 of this 
     Act, is amended by striking ``section 8014(f)'' and inserting 
     ``section 7014(e)''.

     SEC. 7009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE 
                   AID.

       Section 7009, as redesignated and amended by section 7001 
     of this Act, is further amended--
       (1) by striking ``section 8011(a)'' each place it appears 
     and inserting ``section 7011(a)'';
       (2) in subsection (b)(1)--
       (A) by striking ``or 8003(b)'' and inserting ``or 
     7003(b)''; and
       (B) by striking ``section 8003(a)(2)(B)'' and inserting 
     ``section 7003(a)(2)(B)''; and
       (3) in subsection (c)(1)(B), by striking ``and contain the 
     information'' and inserting ``that'' after ``form''.

     SEC. 7010. FEDERAL ADMINISTRATION.

       Section 7010, as redesignated and amended by section 7001 
     of this Act, is further amended--
       (1) in subsection (c)--
       (A) in paragraph (1), in the paragraph heading, by striking 
     ``8003(a)(1)'' and inserting ``7003(a)(1)'';
       (B) in paragraph (2)(D), by striking ``section 8009(b)'' 
     and inserting ``section 7009(b)''; and
       (2) in subsection (d)(2), by striking ``section 8014'' and 
     inserting ``section 7014''.

     SEC. 7011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

       Section 7011(a), as redesignated by section 7001 of this 
     Act, is amended by striking ``or under the Act'' and all that 
     follows through ``1994)''.

     SEC. 7012. DEFINITIONS.

       Section 7013, as redesignated by section 7001 of this Act, 
     is amended--
       (1) in paragraph (1), by striking ``and Marine Corps'' and 
     inserting ``Marine Corps, and Coast Guard'';
       (2) in paragraph (4), by striking ``and title VI'';
       (3) in paragraph (5)(A)--
       (A) in clause (ii), by striking subclause (III) and 
     inserting the following:

       ``(III) conveyed at any time under the Alaska Native Claims 
     Settlement Act to a Native individual, Native group, or 
     village or regional corporation (including single family 
     occupancy properties that may have been subsequently sold or 
     leased to a third party), except that property that is 
     conveyed under such Act--

       ``(aa) that is not taxed is, for the purposes of this 
     paragraph, considered tax-exempt due to Federal law; and
       ``(bb) is considered Federal property for the purpose of 
     this paragraph if the property is located within a Regional 
     Educational Attendance Area that has no taxing power;''; and
       (B) in clause (iii)--
       (i) in subclause (II), by striking ``Stewart B. McKinney 
     Homeless Assistance Act'' and inserting ``McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11411)''; and
       (ii) by striking subclause (III) and inserting the 
     following:
       ``(III) used for affordable housing assisted under the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4101 et seq.); or''.

     SEC. 7013. AUTHORIZATION OF APPROPRIATIONS.

       Section 7014, as amended and redesignated by section 7001 
     of this Act, is further amended--

[[Page H8517]]

       (1) in subsection (a), by striking ``$32,000,000 for fiscal 
     year 2000 and such sums as may be necessary for each of the 
     seven succeeding fiscal years'' and inserting ``$66,813,000 
     for each of fiscal years 2017 through 2019, and $71,997,917 
     for fiscal year 2020'';
       (2) in subsection (b), by striking ``$809,400,000 for 
     fiscal year 2000 and such sums as may be necessary for each 
     of the seven succeeding fiscal years'' and inserting 
     ``$1,151,233,000 for each of fiscal years 2017 through 2019, 
     and $1,240,572,618 for fiscal year 2020'';
       (3) in subsection (c)--
       (A) by striking ``section 8003(d)'' and inserting ``section 
     7003(d)''; and
       (B) by striking ``$50,000,000 for fiscal year 2000 and such 
     sums as may be necessary for each of the seven succeeding 
     fiscal years'' and inserting ``$48,316,000 for each of fiscal 
     years 2017 through 2019, and $52,065,487 for fiscal year 
     2020'';
       (4) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively;
       (5) in subsection (d) (as redesignated by paragraph (4))--
       (A) by striking ``section 8007'' and inserting ``section 
     7007''; and
       (B) by striking ``$10,052,000 for fiscal year 2000 and such 
     sums as may be necessary for fiscal year 2001, $150,000,000 
     for fiscal year 2002, and such sums as may be necessary for 
     each of the five succeeding fiscal years'' and inserting 
     ``$17,406,000 for each of fiscal years 2017 through 2019, and 
     $18,756,765 for fiscal year 2020''; and
       (6) in subsection (e) (as redesignated by paragraph (4))--
       (A) by striking ``section 8008'' and inserting ``section 
     7008''; and
       (B) by striking ``$5,000,000 for fiscal year 2000 and such 
     sums as may be necessary for each of the seven succeeding 
     fiscal years'' and inserting ``$4,835,000 for each of fiscal 
     years 2017 through 2019, and $5,210,213 for fiscal year 
     2020''.
                     TITLE VIII--GENERAL PROVISIONS

     SEC. 8001. GENERAL PROVISIONS.

       (a) Title IX Redesignations.--Title IX (20 U.S.C. 7801 et 
     seq.) (as amended by sections 2001 and 4001 of this Act) is 
     redesignated as title VIII and further amended--
       (1) by redesignating sections 9101 through 9103 as sections 
     8101 through 8103, respectively;
       (2) by redesignating sections 9201 through 9204 as sections 
     8201 through 8204, respectively;
       (3) by redesignating sections 9301 through 9306 as sections 
     8301 through 8306, respectively;
       (4) by redesignating section 9401 as section 8401;
       (5) by redesignating sections 9501 through 9506 as sections 
     8501 through 8506, respectively;
       (6) by redesignating sections 9521 through 9537 as sections 
     8521 through 8537, respectively;
       (7) by redesignating sections 9541 through 9548 as sections 
     8551 through 8558, respectively;
       (8) by redesignating section 9551 as 8561;
       (9) by redesignating sections 9561 through 9564 as sections 
     8571 through 8574, respectively; and
       (10) by redesignating section 9601 as section 8601.
       (b) Structural and Conforming Amendments.--Title VIII (as 
     redesignated by subsection (a) of this section) is further 
     amended--
       (1) by redesignating parts E and F as parts F and G, 
     respectively;
       (2) by striking ``9305'' each place it appears and 
     inserting ``8305'';
       (3) by striking ``9302'' each place it appears and 
     inserting ``8302''; and
       (4) by striking ``9501'' each place it appears and 
     inserting ``8501''.

     SEC. 8002. DEFINITIONS.

       Section 8101, as redesignated and amended by section 8001 
     of this Act, is further amended--
       (1) by striking paragraphs (3), (11), (19), (23), (35), 
     (36), (37), and (42);
       (2) by redesignating paragraphs (4), (5), (6), (7), (8), 
     (9), (10), (12), (13), (14), (15), (16), (17), (18), (20), 
     (21), (22), (24), (25), (26), (27), (28), (29), (30), (31), 
     (32), (33), (34), (38), (39), (41), and (43) as paragraphs 
     (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), 
     (14), (18), (19), (24), (26), (27), (29), (20), (30), (31), 
     (34), (35), (36), (38), (39), (41), (42), (45), (46), (49), 
     and (50), respectively, and by transferring such paragraph 
     (20) (as so redesignated) so as to follow such paragraph (19) 
     (as so redesignated);
       (3) by striking paragraphs (11) and (12) (as so 
     redesignated by paragraph (2)) and inserting the following:
       ``(11) Covered program.--The term `covered program' means 
     each of the programs authorized by--
       ``(A) part A of title I;
       ``(B) part C of title I;
       ``(C) part D of title I;
       ``(D) part A of title II;
       ``(E) part A of title III;
       ``(F) part A of title IV;
       ``(G) part B of title IV; and
       ``(H) subpart 2 of part B of title V.
       ``(12) Current expenditures.--The term `current 
     expenditures' means expenditures for free public education--
       ``(A) including expenditures for administration, 
     instruction, attendance and health services, pupil 
     transportation services, operation and maintenance of plant, 
     fixed charges, and net expenditures to cover deficits for 
     food services and student body activities; but
       ``(B) not including expenditures for community services, 
     capital outlay, and debt service, or any expenditures made 
     from funds received under title I.'';
       (4) by inserting after paragraph (14) (as so redesignated 
     by paragraph (2)) the following:
       ``(15) Dual or concurrent enrollment program.--The term 
     `dual or concurrent enrollment program' means a program 
     offered by a partnership between at least one institution of 
     higher education and at least one local educational agency 
     through which a secondary school student who has not 
     graduated from high school with a regular high school diploma 
     is able to enroll in one or more postsecondary courses and 
     earn postsecondary credit that--
       ``(A) is transferable to the institutions of higher 
     education in the partnership; and
       ``(B) applies toward completion of a degree or recognized 
     educational credential as described in the Higher Education 
     Act of 1965 (20 U.S.C. 1001 et seq.).
       ``(16) Early childhood education program.--The term `early 
     childhood education program' has the meaning given the term 
     in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
     1003).
       ``(17) Early college high school.--The term `early college 
     high school' means a partnership between at least one local 
     educational agency and at least one institution of higher 
     education that allows participants to simultaneously complete 
     requirements toward earning a regular high school diploma and 
     earn not less than 12 credits that are transferable to the 
     institutions of higher education in the partnership as part 
     of an organized course of study toward a postsecondary degree 
     or credential at no cost to the participant or participant's 
     family.'';
       (5) in paragraph (20) (as so redesignated and transferred 
     by paragraph (2))--
       (A) in the paragraph heading, by striking ``Limited english 
     proficient'' and inserting ``English learner'';
       (B) in the matter preceding subparagraph (A), by striking 
     ``limited English proficient'' and inserting ``English 
     learner''; and
       (C) in subparagraph (D)(i), by striking ``State's 
     proficient level of achievement on State assessments 
     described in section 1111(b)(3)'' and inserting ``challenging 
     State academic standards'';
       (6) by inserting after paragraph (20) (as so redesignated 
     and transferred by paragraph (2)), the following:
       ``(21) Evidence-based.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `evidence-based', when used with respect to a State, 
     local educational agency, or school activity, means an 
     activity, strategy, or intervention that--
       ``(i) demonstrates a statistically significant effect on 
     improving student outcomes or other relevant outcomes based 
     on--

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

       ``(ii)(I) demonstrates a rationale based on high-quality 
     research findings or positive evaluation that such activity, 
     strategy, or intervention is likely to improve student 
     outcomes or other relevant outcomes; and

       ``(II) includes ongoing efforts to examine the effects of 
     such activity, strategy, or intervention.

       ``(B) Definition for specific activities funded under this 
     act.--When used with respect to interventions or improvement 
     activities or strategies funded under section 1003, the term 
     `evidence-based' means a State, local educational agency, or 
     school activity, strategy, or intervention that meets the 
     requirements of subclause (I), (II), or (III) of subparagraph 
     (A)(i).
       ``(22) Expanded learning time.--The term `expanded learning 
     time' means using a longer school day, week, or year schedule 
     to significantly increase the total number of school hours, 
     in order to include additional time for--
       ``(A) activities and instruction for enrichment as part of 
     a well-rounded education; and
       ``(B) instructional and support staff to collaborate, plan, 
     and engage in professional development (including 
     professional development on family and community engagement) 
     within and across grades and subjects.
       ``(23) Extended-year adjusted cohort graduation rate.--
       ``(A) In general.--The term `extended-year adjusted cohort 
     graduation rate' means the fraction--
       ``(i) the denominator of which consists of the number of 
     students who form the original cohort of entering first-time 
     students in grade 9 enrolled in the high school no later than 
     the date by which student membership data must be collected 
     annually by State educational agencies for submission to the 
     National Center for Education Statistics under section 153 of 
     the Education Sciences Reform Act of 2002 (20 U.S.C. 9543), 
     adjusted by--

       ``(I) adding the students who joined that cohort, after the 
     date of the determination of the original cohort; and
       ``(II) subtracting only those students who left that 
     cohort, after the date of the determination of the original 
     cohort, as described in subparagraph (B); and

       ``(ii) the numerator of which--

       ``(I) consists of the sum of--

       ``(aa) the number of students in the cohort, as adjusted 
     under clause (i), who earned a regular high school diploma 
     before, during, or at the conclusion of--
       ``(AA) one or more additional years beyond the fourth year 
     of high school; or
       ``(BB) a summer session immediately following the 
     additional year of high school; and
       ``(bb) all students with the most significant cognitive 
     disabilities in the cohort, as adjusted under clause (i), 
     assessed using the alternate assessment aligned to alternate 
     academic achievement standards under section 1111(b)(2)(D) 
     and awarded a State-defined alternate diploma that is--
       ``(AA) standards-based;
       ``(BB) aligned with the State requirements for the regular 
     high school diploma; and
       ``(CC) obtained within the time period for which the State 
     ensures the availability of a

[[Page H8518]]

     free appropriate public education under section 612(a)(1) of 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1412(a)(1)); and

       ``(II) shall not include any student awarded a recognized 
     equivalent of a diploma, such as a general equivalency 
     diploma, certificate of completion, certificate of 
     attendance, or similar lesser credential.

       ``(B) Cohort removal.--To remove a student from a cohort, a 
     school or local educational agency shall require 
     documentation, or obtain documentation from the State 
     educational agency, to confirm that the student has 
     transferred out, emigrated to another country, or transferred 
     to a prison or juvenile facility, or is deceased.
       ``(C) Transferred out.-- For purposes of this paragraph, 
     the term `transferred out' has the meaning given the term in 
     clauses (i), (ii), and (iii) of paragraph (25)(C).
       ``(D) Special rules.--
       ``(i) Schools starting after grade 9.--For those high 
     schools that start after grade 9, the original cohort shall 
     be calculated for the earliest high school grade students 
     attend no later than the date by which student membership 
     data is collected annually by State educational agencies for 
     submission to the National Center for Education Statistics 
     pursuant to section 153 of the Education Sciences Reform Act 
     of 2002 (20 U.S.C. 9543).
       ``(ii) Very small schools.--A State educational agency may 
     calculate the extended year adjusted cohort graduation rate 
     described under this paragraph for a high school with an 
     average enrollment over a 4-year period of less than 100 
     students for the purposes of section 1111(c)(4) by--

       ``(I) averaging the extended-year adjusted cohort 
     graduation rate of the school over a period of three years; 
     or
       ``(II) establishing a minimum number of students that must 
     be included in the cohort described in clause (i) of 
     subparagraph (A) that will provide a valid graduation rate 
     calculation as determined by the Secretary, below which the 
     school shall be exempt from differentiation and 
     identification under such section.'';

       (7) by inserting after paragraph (24) (as so redesignated 
     by paragraph (2)) the following:
       ``(25) Four-year adjusted cohort graduation rate.--
       ``(A) In general.--The term `four-year adjusted cohort 
     graduation rate' means the fraction--
       ``(i) the denominator of which consists of the number of 
     students who form the original cohort of entering first-time 
     students in grade 9 enrolled in the high school no later than 
     the date by which student membership data is collected 
     annually by State educational agencies for submission to the 
     National Center for Education Statistics pursuant to section 
     153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 
     9543), adjusted by--

       ``(I) adding the students who joined that cohort, after the 
     date of the determination of the original cohort; and
       ``(II) subtracting only those students who left that 
     cohort, after the date of the determination of the original 
     cohort, as described in subparagraph (B); and

       ``(ii) the numerator of which--

       ``(I) consists of the sum of--

       ``(aa) the number of students in the cohort, as adjusted 
     under clause (i), who earned a regular high school diploma 
     before, during, or at the conclusion of--
       ``(AA) the fourth year of high school; or
       ``(BB) a summer session immediately following the fourth 
     year of high school; and
       ``(bb) all students with the most significant cognitive 
     disabilities in the cohort, as adjusted under clause (i), 
     assessed using the alternate assessment aligned to alternate 
     academic achievement standards under section 1111(b)(2)(D) 
     and awarded a State-defined alternate diploma that is--
       ``(AA) standards-based;
       ``(BB) aligned with the State requirements for the regular 
     high school diploma; and
       ``(CC) obtained within the time period for which the State 
     ensures the availability of a free appropriate public 
     education under section 612(a)(1) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1412(a)(1); and

       ``(II) shall not include any student awarded a recognized 
     equivalent of a diploma, such as a general equivalency 
     diploma, certificate of completion, certificate of 
     attendance, or similar lesser credential.

       ``(B) Cohort removal.--To remove a student from a cohort, a 
     school or local educational agency shall require 
     documentation, or obtain documentation from the State 
     educational agency, to confirm that the student has 
     transferred out, emigrated to another country, or transferred 
     to a prison or juvenile facility, or is deceased.
       ``(C) Transferred out.--
       ``(i) In general.--For purposes of this paragraph, the term 
     `transferred out' means that a student, as confirmed by the 
     high school or local educational agency in accordance with 
     clause (ii), has transferred to--

       ``(I) another school from which the student is expected to 
     receive a regular high school diploma; or
       ``(II) another educational program from which the student 
     is expected to receive a regular high school diploma or an 
     alternate diploma that meets the requirements of subparagraph 
     (A)(ii)(I)(bb).

       ``(ii) Confirmation requirements.--

       ``(I) Documentation required.--The confirmation of a 
     student's transfer to another school or educational program 
     described in clause (i) requires documentation of such 
     transfer from the receiving school or program in which the 
     student enrolled.
       ``(II) Lack of confirmation.--A student who was enrolled in 
     a high school, but for whom there is no confirmation of the 
     student having transferred out, shall remain in the adjusted 
     cohort.

       ``(iii) Programs not providing credit.--Except as provided 
     in subparagraph (A)(ii)(I)(bb), a student who is retained in 
     grade or who is enrolled in a program leading to a general 
     equivalency diploma, or other alternative educational program 
     that does not issue or provide credit toward the issuance of 
     a regular high school diploma, shall not be considered 
     transferred out and shall remain in the adjusted cohort.
       ``(D) Special rules.--
       ``(i) Schools starting after grade 9.--For those high 
     schools that start after grade 9, the original cohort shall 
     be calculated for the earliest high school grade students 
     attend no later than the date by which student membership 
     data must be collected annually by State educational agencies 
     for submission to the National Center for Education 
     Statistics pursuant to section 153 of the Education Sciences 
     Reform Act of 2002 (20 U.S.C. 9543).
       ``(ii) Very small schools.--A State educational agency may 
     calculate the four-year adjusted cohort graduation rate 
     described under this paragraph for a high school with an 
     average enrollment over a 4-year period of less than 100 
     students for the purposes of section 1111(c)(4) by--

       ``(I) averaging the four-year adjusted cohort graduation 
     rate of the school over a period of three years; or
       ``(II) establishing a minimum number of students that must 
     be included in the cohort described in clause (i) of 
     subparagraph (A) that will provide a valid graduation rate 
     calculation as determined by the Secretary, below which the 
     school shall be exempt from differentiation and 
     identification under such section.'';

       (8) by inserting after paragraph (27) (as so redesignated 
     by paragraph (2)) the following:
       ``(28) High school.--The term `high school' means a 
     secondary school that--
       ``(A) grants a diploma, as defined by the State; and
       ``(B) includes, at least, grade 12.'';
       (9) in paragraph (30) (as so redesignated by paragraph 
     (2)), in subparagraph (C)--
       (A) by striking the subparagraph designation and heading 
     and inserting ``(C) bureau of indian education schools.--''; 
     and
       (B) by striking ``Affairs'' both places the term appears 
     and inserting ``Education'';
       (10) by inserting after paragraph (31) (as redesignated by 
     paragraph (2)) the following:
       ``(32) Middle grades.--The term middle grades means any of 
     grades 5 through 8.
       ``(33) Multi-tier system of supports.--The term `multi-tier 
     system of supports' means a comprehensive continuum of 
     evidence-based, systemic practices to support a rapid 
     response to students' needs, with regular observation to 
     facilitate data-based instructional decisionmaking.'';
       (11) in paragraph (35) (as so redesignated by paragraph 
     (2)), by striking ``pupil services'' and inserting 
     ``specialized instructional support'';
       (12) by striking paragraph (36) (as so redesignated by 
     paragraph (2)) and inserting the following:
       ``(36) Outlying area.--The term `outlying area'--
       ``(A) means American Samoa, the Commonwealth of the 
     Northern Mariana Islands, Guam, and the United States Virgin 
     Islands;
       ``(B) means the Republic of Palau, to the extent permitted 
     under section 105(f)(1)(B)(ix) of the Compact of Free 
     Association Amendments Act of 2003 (Public Law 108-188; 117 
     Stat. 2751) and until an agreement for the extension of 
     United States education assistance under the Compact of Free 
     Association becomes effective for the Republic of Palau; and
       ``(C) for the purpose of any discretionary grant program 
     under this Act, includes the Republic of the Marshall Islands 
     and the Federated States of Micronesia, to the extent 
     permitted under section 105(f)(1)(B)(viii) of the Compact of 
     Free Association Amendments Act of 2003 (Public Law 108-188; 
     117 Stat. 2751).'';
       (13) by inserting after paragraph (36) (as so redesignated 
     by paragraph (2)), the following:
       ``(37) Paraprofessional.--The term `paraprofessional', also 
     known as a `paraeducator', includes an education assistant 
     and instructional assistant.'';
       (14) in paragraph (39) (as so redesignated by paragraph 
     (2))--
       (A) in subparagraph (C), by inserting ``and'' after the 
     semicolon; and
       (B) in subparagraph (D), by striking ``section 1118'' and 
     inserting ``section 1116'';
       (15) by inserting after paragraph (39) (as so redesignated 
     by paragraph (2)) the following:
       ``(40) Pay for success initiative.--The term `pay for 
     success initiative' means a performance-based grant, 
     contract, or cooperative agreement awarded by a public entity 
     in which a commitment is made to pay for improved outcomes 
     that result in social benefit and direct cost savings or cost 
     avoidance to the public sector. Such an initiative shall 
     include--
       ``(A) a feasibility study on the initiative describing how 
     the proposed intervention is based on evidence of 
     effectiveness;
       ``(B) a rigorous, third-party evaluation that uses 
     experimental or quasi-experimental design or other research 
     methodologies that allow for the strongest possible causal 
     inferences to determine whether the initiative has met its 
     proposed outcomes;
       ``(C) an annual, publicly available report on the progress 
     of the initiative; and
       ``(D) a requirement that payments are made to the recipient 
     of a grant, contract, or cooperative agreement only when 
     agreed upon outcomes are achieved, except that the entity may 
     make payments to the third party conducting the evaluation 
     described in subparagraph (B).'';
       (16) by striking paragraph (42) (as so redesignated by 
     paragraph (2)) and inserting the following:

[[Page H8519]]

       ``(42) Professional development.--The term `professional 
     development' means activities that--
       ``(A) are an integral part of school and local educational 
     agency strategies for providing educators (including 
     teachers, principals, other school leaders, specialized 
     instructional support personnel, paraprofessionals, and, as 
     applicable, early childhood educators) with the knowledge and 
     skills necessary to enable students to succeed in a well-
     rounded education and to meet the challenging State academic 
     standards; and
       ``(B) are sustained (not stand-alone, 1-day, or short term 
     workshops), intensive, collaborative, job-embedded, data-
     driven, and classroom-focused, and may include activities 
     that--
       ``(i) improve and increase teachers'--

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

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

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

       ``(vii) are aligned with, and directly related to, academic 
     goals of the school or local educational agency;
       ``(viii) are developed with extensive participation of 
     teachers, principals, other school leaders, parents, 
     representatives of Indian tribes (as applicable), and 
     administrators of schools to be served under this Act;
       ``(ix) are designed to give teachers of English learners, 
     and other teachers and instructional staff, the knowledge and 
     skills to provide instruction and appropriate language and 
     academic support services to those children, including the 
     appropriate use of curricula and assessments;
       ``(x) to the extent appropriate, provide training for 
     teachers, principals, and other school leaders in the use of 
     technology (including education about the harms of copyright 
     piracy), so that technology and technology applications are 
     effectively used in the classroom to improve teaching and 
     learning in the curricula and academic subjects in which the 
     teachers teach;
       ``(xi) as a whole, are regularly evaluated for their impact 
     on increased teacher effectiveness and improved student 
     academic achievement, with the findings of the evaluations 
     used to improve the quality of professional development;
       ``(xii) are designed to give teachers of children with 
     disabilities or children with developmental delays, and other 
     teachers and instructional staff, the knowledge and skills to 
     provide instruction and academic support services, to those 
     children, including positive behavioral interventions and 
     supports, multi-tier system of supports, and use of 
     accommodations;
       ``(xiii) include instruction in the use of data and 
     assessments to inform and instruct classroom practice;
       ``(xiv) include instruction in ways that teachers, 
     principals, other school leaders, specialized instructional 
     support personnel, and school administrators may work more 
     effectively with parents and families;
       ``(xv) involve the forming of partnerships with 
     institutions of higher education, including, as applicable, 
     Tribal Colleges and Universities as defined in section 316(b) 
     of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), to 
     establish school-based teacher, principal, and other school 
     leader training programs that provide prospective teachers, 
     novice teachers, principals, and other school leaders with an 
     opportunity to work under the guidance of experienced 
     teachers, principals, other school leaders, and faculty of 
     such institutions;
       ``(xvi) create programs to enable paraprofessionals 
     (assisting teachers employed by a local educational agency 
     receiving assistance under part A of title I) to obtain the 
     education necessary for those paraprofessionals to become 
     certified and licensed teachers;
       ``(xvii) provide follow-up training to teachers who have 
     participated in activities described in this paragraph that 
     are designed to ensure that the knowledge and skills learned 
     by the teachers are implemented in the classroom; and
       ``(xviii) where practicable, provide jointly for school 
     staff and other early childhood education program providers, 
     to address the transition to elementary school, including 
     issues related to school readiness.'';
       (17) by inserting after paragraph (42) (as so redesignated 
     by paragraph (2)) the following:
       ``(43) Regular high school diploma.--The term `regular high 
     school diploma'--
       ``(A) means the standard high school diploma awarded to the 
     preponderance of students in the State that is fully aligned 
     with State standards, or a higher diploma, except that a 
     regular high school diploma shall not be aligned to the 
     alternate academic achievement standards described in section 
     1111(b)(1)(E); and
       ``(B) does not include a recognized equivalent of a 
     diploma, such as a general equivalency diploma, certificate 
     of completion, certificate of attendance, or similar lesser 
     credential.
       ``(44) School leader.--The term `school leader' means a 
     principal, assistant principal, or other individual who is--
       ``(A) an employee or officer of an elementary school or 
     secondary school, local educational agency, or other entity 
     operating an elementary school or secondary school; and
       ``(B) responsible for the daily instructional leadership 
     and managerial operations in the elementary school or 
     secondary school building.'';
       (18) by inserting after paragraph (46) (as so redesignated 
     by paragraph (2)) the following:
       ``(47) Specialized instructional support personnel; 
     specialized instructional support services.--
       ``(A) Specialized instructional support personnel.--The 
     term `specialized instructional support personnel' means--
       ``(i) school counselors, school social workers, and school 
     psychologists; and
       ``(ii) other qualified professional personnel, such as 
     school nurses, speech language pathologists, and school 
     librarians, involved in providing assessment, diagnosis, 
     counseling, educational, therapeutic, and other necessary 
     services (including related services as that term is defined 
     in section 602 of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1401)) as part of a comprehensive program to 
     meet student needs.
       ``(B) Specialized instructional support services.--The term 
     `specialized instructional support services' means the 
     services provided by specialized instructional support 
     personnel.'';
       (19) by striking the undesignated paragraph between 
     paragraph (47) (as inserted by paragraph (18)) and paragraph 
     (49) (as so redesignated by paragraph (2)) and inserting the 
     following:
       ``(48) State.--The term `State' means each of the 50 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, and each of the outlying areas.'';
       (20) by striking paragraph (50) (as so redesignated by 
     paragraph (2)) and inserting the following:
       ``(50) Technology.--The term `technology' means modern 
     information, computer and communication technology products, 
     services, or tools, including, the Internet and other 
     communications networks, computer devices and other computer 
     and communications hardware, software applications, data 
     systems, and other electronic content (including multimedia 
     content) and data storage.''; and
       (21) by adding at the end the following:
       ``(51) 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).
       ``(52) Well-rounded education.--The term `well-rounded 
     education' means courses, activities, and programming in 
     subjects such as English, reading or language arts, writing, 
     science, technology, engineering, mathematics, foreign 
     languages, civics and government, economics, arts, history, 
     geography, computer science, music, career and technical 
     education, health, physical education, and any other subject, 
     as determined by the State or local educational agency, with 
     the purpose of providing all students access to an enriched 
     curriculum and educational experience.''.

     SEC. 8003. APPLICABILITY OF TITLE.

       Section 8102, as redesignated by section 8001 of this Act, 
     is further amended by striking ``Parts B, C, D, and E of this 
     title do not apply to title VIII'' and inserting ``Parts B, 
     C, D, E, and F of this title do not apply to title VII''.

     SEC. 8004. APPLICABILITY TO BUREAU OF INDIAN EDUCATION 
                   OPERATED SCHOOLS.

       Section 8103, as redesignated by section 8001 of this Act, 
     is amended--
       (1) in the section heading, by striking ``BUREAU OF INDIAN 
     AFFAIRS'' and inserting ``BUREAU OF INDIAN EDUCATION''; and
       (2) by striking ``Bureau of Indian Affairs'' each place the 
     term appears and inserting ``Bureau of Indian Education''.

     SEC. 8005. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR 
                   ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.

       Section 8201(b)(2), as redesignated by section 8001 of this 
     Act, is amended--
       (1) in subparagraph (G), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (H), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(I) implementation of fiscal support teams that provide 
     technical fiscal support assistance, which shall include 
     evaluating fiscal, administrative, and staffing functions, 
     and any other key operational function.''.

     SEC. 8006. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

       Section 8203, as redesignated by section 8001 of this Act, 
     is amended--
       (1) in subsection (b), by striking ``Within 1 year after 
     the date of enactment of the No Child Left Behind Act of 
     2001, a State'' and inserting ``A State''; and
       (2) by striking subsection (d) and inserting the following:
       ``(d) Uses of Administrative Funds.--
       ``(1) In general.--A local educational agency that 
     consolidates administrative funds under this section may use 
     the consolidated funds for the administration of the programs 
     and for uses, at the school district and school levels, 
     comparable to those described in section 8201(b)(2).
       ``(2) Fiscal support teams.--A local educational agency 
     that uses funds as described in section 8201(b)(2)(I) may 
     contribute State or local funds to expand the reach of such 
     support without violating any supplement, not supplant 
     requirement of any program contributing administrative 
     funds.''.

     SEC. 8007. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE 
                   INTERIOR FUNDS.

       Section 8204, as redesignated and amended by section 8001 
     of this Act, is amended--
       (1) in subsection (a)--

[[Page H8520]]

       (A) in paragraph (1), by striking ``part A of title VII'' 
     and inserting ``part A of title VI''; and
       (B) in paragraph (2), by striking subparagraph (B) and 
     inserting the following:
       ``(B) Contents.--The agreement shall--
       ``(i) set forth the plans of the Secretary of the Interior 
     for the use of the amount transferred and the achievement 
     measures to assess program effectiveness, including program 
     objectives; and
       ``(ii) be developed in consultation with Indian tribes.''; 
     and
       (2) by adding at the end the following:
       ``(c) Accountability System.--
       ``(1) For the purposes of part A of title I, the Secretary 
     of Interior, in consultation with the Secretary, if the 
     Secretary of the Interior requests the consultation, using a 
     negotiated rulemaking process to develop regulations for 
     implementation no later than the 2017-2018 academic year, 
     shall define the standards, assessments, and accountability 
     system consistent with section 1111, for the schools funded 
     by the Bureau of Indian Education on a national, regional, or 
     tribal basis, as appropriate, taking into account the unique 
     circumstances and needs of such schools and the students 
     served by such schools.
       ``(2) The tribal governing body or school board of a school 
     funded by the Bureau of Indian Affairs may waive, in part or 
     in whole, the requirements established pursuant to paragraph 
     (1) where such requirements are determined by such body or 
     school board to be inappropriate. If such requirements are 
     waived, the tribal governing body or school board shall, 
     within 60 days, submit to the Secretary of Interior a 
     proposal for alternative standards, assessments, and an 
     accountability system, if applicable, consistent with section 
     1111, that takes into account the unique circumstances and 
     needs of such school or schools and the students served. The 
     Secretary of the Interior and the Secretary shall approve 
     such standards, assessments, and accountability system unless 
     the Secretary determines that the standards, assessments, and 
     accountability system do not meet the requirements of section 
     1111, taking into account the unique circumstances and needs 
     of such school or schools and the students served.
       ``(3) Technical assistance.--The Secretary of Interior and 
     the Secretary shall, either directly or through a contract, 
     provide technical assistance, upon request, to a tribal 
     governing body or school board of a school funded by the 
     Bureau of Indian Affairs that seeks a waiver under paragraph 
     (2).''.

     SEC. 8008. DEPARTMENT STAFF.

       Title VIII, as redesignated and amended by section 8001 of 
     this Act, is further amended by adding after section 8204 the 
     following:

     ``SEC. 8205. DEPARTMENT STAFF.

       ``The Secretary shall--
       ``(1) not later than 60 days after the date of enactment of 
     the Every Student Succeeds Act, identify the number of 
     Department full-time equivalent employees who worked on or 
     administered each education program or project authorized 
     under this Act, as such program or project was in effect on 
     the day before such date of enactment, and publish such 
     information on the Department's website;
       ``(2) not later than 60 days after such date of enactment, 
     identify the number of full-time equivalent employees who 
     worked on or administered each program or project authorized 
     under this Act, as such program or project was in effect on 
     the day before such date of enactment, that has been 
     eliminated or consolidated since such date of enactment;
       ``(3) not later than 1 year after such date of enactment, 
     reduce the workforce of the Department by the number of full-
     time equivalent employees the Department identified under 
     paragraph (2); and
       ``(4) not later than 1 year after such date of enactment, 
     report to Congress on--
       ``(A) the number of full-time equivalent employees 
     associated with each program or project authorized under this 
     Act and administered by the Department;
       ``(B) the number of full-time equivalent employees who were 
     determined to be associated with eliminated or consolidated 
     programs or projects described in paragraph (2);
       ``(C) how the Secretary has reduced the number of full-time 
     equivalent employees as described in paragraph (3);
       ``(D) the average salary of the full-time equivalent 
     employees described in subparagraph (B) whose positions were 
     eliminated; and
       ``(E) the average salary of the full-time equivalent 
     employees who work on or administer a program or project 
     authorized by the Department under this Act, disaggregated by 
     employee function within each such program or project.''.

     SEC. 8009. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.

       Section 8302(b)(1), as redesignated by section 8001 of this 
     Act, is amended by striking ``nonprofit''.

     SEC. 8010. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY 
                   ASSURANCES.

       Section 8304(a)(2), as redesignated by section 8001 of this 
     Act, is amended by striking ``nonprofit'' and inserting 
     ``eligible'' each place the term appears.

     SEC. 8011. RURAL CONSOLIDATED PLAN.

       Section 8305, as redesignated and amended by section 8001 
     of this Act, is amended by adding at the end the following:
       ``(e) Rural Consolidated Plan.--
       ``(1) In general.--Two or more eligible local educational 
     agencies, a consortium of eligible local educational service 
     agencies, or an educational service agency on behalf of 
     eligible local educational agencies may submit plans or 
     applications for 1 or more covered programs to the State 
     educational agency on a consolidated basis, if each eligible 
     local educational agency impacted elects to participate in 
     the joint application or elects to allow the educational 
     service agency to apply on its behalf.
       ``(2) Eligible local educational agency.--For the purposes 
     of this subsection, the term `eligible local educational 
     agency' means a local educational agency that is an eligible 
     local educational agency under part B of title V.''.

     SEC. 8012. OTHER GENERAL ASSURANCES.

       Section 8306(a), as redesignated and amended by section 
     8001 of this Act, is further amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``whether separately or pursuant to section 8305,''; and
       (2) in paragraph (2), by striking ``nonprofit'' each place 
     it appears and inserting ``eligible''.

     SEC. 8013. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

       Section 8401, as redesignated by section 8001 of this Act, 
     is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--
       ``(1) Request for waiver by state or indian tribe.--A State 
     educational agency or Indian tribe that receives funds under 
     a program authorized under this Act may submit a request to 
     the Secretary to waive any statutory or regulatory 
     requirement of this Act.
       ``(2) Local educational agency and school requests 
     submitted through the state.--
       ``(A) Request for waiver by local educational agency.--A 
     local educational agency that receives funds under a program 
     authorized under this Act and desires a waiver of any 
     statutory or regulatory requirement of this Act shall submit 
     a request containing the information described in subsection 
     (b)(1) to the appropriate State educational agency. The State 
     educational agency may then submit the request to the 
     Secretary if the State educational agency determines the 
     waiver appropriate.
       ``(B) Request for waiver by school.--An elementary school 
     or secondary school that desires a waiver of any statutory or 
     regulatory requirement of this Act shall submit a request 
     containing the information described in subsection (b)(1) to 
     the local educational agency serving the school. The local 
     educational agency may then submit the request to the State 
     educational agency in accordance with subparagraph (A) if the 
     local educational agency determines the waiver appropriate.
       ``(3) Receipt of waiver.--Except as provided in subsection 
     (b)(4) or (c), the Secretary may waive any statutory or 
     regulatory requirement of this Act for which a waiver request 
     is submitted to the Secretary pursuant to this subsection.'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

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

       (ii) by redesignating subparagraph (E) as subparagraph (F);
       (iii) by striking subparagraphs (B), (C), and (D) and 
     inserting the following:
       ``(B) describes which Federal statutory or regulatory 
     requirements are to be waived;
       ``(C) describes how the waiving of such requirements will 
     advance student academic achievement;
       ``(D) describes the methods the State educational agency, 
     local educational agency, school, or Indian tribe will use to 
     monitor and regularly evaluate the effectiveness of the 
     implementation of the plan;
       ``(E) includes only information directly related to the 
     waiver request; and''; and
       (iv) in subparagraph (F), as redesignated by clause (ii), 
     by inserting ``and, if the waiver relates to provisions of 
     subsections (b) or (h) of section 1111, describes how the 
     State educational agency, local educational agency, school, 
     or Indian tribe will maintain or improve transparency in 
     reporting to parents and the public on student achievement 
     and school performance, including the achievement of the 
     subgroups of students identified in section 
     1111(b)(2)(B)(xi)'' after ``waivers are requested'';
       (B) in paragraph (2)(B)(i)(II), by striking ``(on behalf 
     of, and based on the requests of, local educational 
     agencies)'' and inserting ``(on behalf of those agencies or 
     on behalf of, and based on the requests of, local educational 
     agencies in the State)'';
       (C) in paragraph (3)--
       (i) in subparagraph (A)--

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

       ``(i) provide the public and any interested local 
     educational agency in the State with notice and a reasonable 
     opportunity to comment and provide input on the request, to 
     the extent that the request impacts the local educational 
     agency;
       ``(ii) submit the comments and input to the Secretary, with 
     a description of how the State addressed the comments and 
     input; and
       ``(iii) provide notice and a reasonable time to comment to 
     the public and local educational agencies in the manner in 
     which the applying agency customarily provides similar notice 
     and opportunity to comment to the public.''; and
       (ii) in subparagraph (B), by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i) the request shall be reviewed and approved by the 
     State educational agency in accordance with subsection (a)(2) 
     before being submitted to the Secretary and be accompanied by 
     the comments, if any, of the State educational agency and the 
     public; and
       ``(ii) notice and a reasonable opportunity to comment 
     regarding the waiver request shall be

[[Page H8521]]

     provided to the State educational agency and the public by 
     the agency requesting the waiver in the manner in which that 
     agency customarily provides similar notice and opportunity to 
     comment to the public.''.
       (D) by adding at the end the following:
       ``(4) Waiver determination, demonstration, and revision.--
       ``(A) In general.--The Secretary shall issue a written 
     determination regarding the initial approval or disapproval 
     of a waiver request not more than 120 days after the date on 
     which such request is submitted. Initial disapproval of such 
     request shall be based on the determination of the Secretary 
     that--
       ``(i) the waiver request does not meet the requirements of 
     this section;
       ``(ii) the waiver is not permitted under subsection (c);
       ``(iii) the description required under paragraph (1)(C) in 
     the plan provides insufficient information to demonstrate 
     that the waiving of such requirements will advance student 
     academic achievement consistent with the purposes of this 
     Act; or
       ``(iv) the waiver request does not provide for adequate 
     evaluation to ensure review and continuous improvement of the 
     plan.
       ``(B) Waiver determination and revision.--Upon the initial 
     determination of disapproval under subparagraph (A), the 
     Secretary shall--
       ``(i) immediately--

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

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

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

       ``(D) External conditions.--The Secretary shall not 
     disapprove a waiver request under this section based on 
     conditions outside the scope of the waiver request.'';
       (3) in subsection (c)--
       (A) in paragraph (1), by inserting ``, Indian tribes'' 
     after ``local educational agencies'';
       (B) in paragraph (8), by striking ``subpart 1 of part B of 
     title V'' and inserting ``part C of title IV''; and
       (C) by striking paragraph (9) and inserting the following:
       ``(9) the prohibitions--
       ``(A) in subpart 2 of part F;
       ``(B) regarding use of funds for religious worship or 
     instruction in section 8505; and
       ``(C) regarding activities in section 8526; or'';
       (4) in subsection (d)--
       (A) in the subsection heading, by adding ``; Limitations'' 
     after ``Waiver'';
       (B) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``Secretary determines'' and inserting 
     ``State demonstrates''; and
       (C) by adding at the end the following:
       ``(3) Specific limitations.--The Secretary shall not 
     require a State educational agency, local educational agency, 
     school, or Indian tribe, as a condition of approval of a 
     waiver request, to--
       ``(A) include in, or delete from, such request, specific 
     academic standards, such as the Common Core State Standards 
     developed under the Common Core State Standards Initiative or 
     any other standards common to a significant number of States;
       ``(B) use specific academic assessment instruments or 
     items, including assessments aligned to the standards 
     described in subparagraph (A); or
       ``(C) include in, or delete from, such waiver request any 
     specific elements of--
       ``(i) State academic standards;
       ``(ii) academic assessments;
       ``(iii) State accountability systems; or
       ``(iv) teacher and school leader evaluation systems.'';
       (5) by striking subsection (e) and inserting the following:
       ``(e) Reports.--A State educational agency, local 
     educational agency, school, or Indian tribe receiving a 
     waiver under this section shall describe, as part of, and 
     pursuant to, the required annual reporting under section 
     1111(h)--
       ``(1) the progress of schools covered under the provisions 
     of such waiver toward improving student academic achievement; 
     and
       ``(2) how the use of the waiver has contributed to such 
     progress.''; and
       (6) in subsection (f), by striking ``if the Secretary 
     determines'' and all that follows through the period at the 
     end and inserting the following: ``if, after notice and an 
     opportunity for a hearing, the Secretary--
       ``(A) presents a rationale and supporting information that 
     clearly demonstrates that the waiver is not contributing to 
     the progress of schools described in subsection (e)(1); or
       ``(B) determines that the waiver is no longer necessary to 
     achieve its original purposes.''.

     SEC. 8014. APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL 
                   APPLICATIONS.

       Title VIII, as amended and redesignated by section 8001 of 
     this Act, is further amended by inserting after section 8401 
     the following:

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

     ``SEC. 8451. APPROVAL AND DISAPPROVAL OF STATE PLANS.

       ``(a) Approval.--A plan submitted by a State pursuant to 
     section 2101(d), 4103(c), 4203, or 8302 shall be approved by 
     the Secretary unless the Secretary makes a written 
     determination (which shall include the supporting information 
     and rationale supporting such determination), prior to the 
     expiration of the 120-day period beginning on the date on 
     which the Secretary received the plan, that the plan is not 
     in compliance with section 2101(d), 4103(c), or 4203, or part 
     C, respectively.
       ``(b) Disapproval Process.--
       ``(1) In general.--The Secretary shall not finally 
     disapprove a plan submitted under section 2101(d), 4103(c), 
     4203, or 8302, except after giving the State educational 
     agency notice and an opportunity for a hearing.
       ``(2) Notifications.--If the Secretary finds that the plan 
     is not in compliance, in whole or in part, with section 
     2101(d), 4103(c), or 4203, or part C, as applicable, the 
     Secretary shall--
       ``(A) immediately notify the State of such determination;
       ``(B) provide a detailed description of the specific 
     provisions of the plan that the Secretary determines fail to 
     meet the requirements, in whole or in part, of such section 
     or part, as applicable;
       ``(C) offer the State an opportunity to revise and resubmit 
     its plan within 45 days of such determination, including the 
     chance for the State to present supporting information to 
     clearly demonstrate that the State plan meets the 
     requirements of such section or part, as applicable;
       ``(D) provide technical assistance, upon request of the 
     State, in order to assist the State to meet the requirements 
     of such section or part, as applicable;
       ``(E) conduct a hearing within 30 days of the plan's 
     resubmission under subparagraph (C), unless a State declines 
     the opportunity for such hearing; and
       ``(F) request additional information, only as to the 
     noncompliant provisions, needed to make the plan compliant.
       ``(3) Response.--If the State educational agency responds 
     to the Secretary's notification described in paragraph (2)(A) 
     prior to the expiration of the 45-day period beginning on the 
     date on which the State educational agency received the 
     notification, and resubmits the plan as described in 
     paragraph (2)(C), the Secretary shall approve such plan 
     unless the Secretary determines the plan does not meet the 
     requirements of section 2101(d), 4103(c), or 4203, or part C, 
     as applicable.
       ``(4) Failure to respond.--If the State educational agency 
     does not respond to the Secretary's notification described in 
     paragraph (2)(A) prior to the expiration of the 45-day period 
     beginning on the date on which the State educational agency 
     received the notification, such plan shall be deemed to be 
     disapproved.
       ``(c) Limitation.--A plan submitted under section 2101(d), 
     4103(c), 4203, or 8302 shall not be approved or disapproved 
     based upon the nature of the activities proposed within such 
     plan if such proposed activities meet the applicable program 
     requirements.
       ``(d) Peer-review Requirements.--Notwithstanding any other 
     requirements of this part, the Secretary shall ensure that 
     any portion of a consolidated State plan that is related to 
     part A of title I is subject to the peer-review process 
     described in section 1111(a)(4).

     ``SEC. 8452. APPROVAL AND DISAPPROVAL OF LOCAL EDUCATIONAL 
                   AGENCY APPLICATIONS.

       ``(a) Approval.--An application submitted by a local 
     educational agency pursuant to section 2102(b), 4106, 4204(b) 
     or 8305, shall be approved by the State educational agency 
     unless the State educational agency makes a written 
     determination (which shall include the supporting information 
     and rationale for such determination), prior to the 
     expiration of the 120-day period beginning on the date on 
     which the State educational agency received the application, 
     that the application is not in compliance with section 
     2102(b), 4106, or 4204(b), or part C, respectively.
       ``(b) Disapproval Process.--
       ``(1) In general.--The State educational agency shall not 
     finally disapprove an application submitted under section 
     2102(b), 4106, 4204(b) or 8305 except after giving the local 
     educational agency notice and opportunity for a hearing.
       ``(2) Notifications.--If the State educational agency finds 
     that the application submitted under section 2102(b), 4106, 
     4204(b) or 8305 is not in compliance, in whole or in part, 
     with section 2102(b), 4106, or 4204(b), or part C, 
     respectively, the State educational agency shall--
       ``(A) immediately notify the local educational agency of 
     such determination;
       ``(B) provide a detailed description of the specific 
     provisions of the application that the State determines fail 
     to meet the requirements, in

[[Page H8522]]

     whole or in part, of such section or part, as applicable;
       ``(C) offer the local educational agency an opportunity to 
     revise and resubmit its application within 45 days of such 
     determination, including the chance for the local educational 
     agency to present supporting information to clearly 
     demonstrate that the application meets the requirements of 
     such section or part;
       ``(D) provide technical assistance, upon request of the 
     local educational agency, in order to assist the local 
     educational agency to meet the requirements of such section 
     or part, as applicable;
       ``(E) conduct a hearing within 30 days of the application's 
     resubmission under subparagraph (C), unless a local 
     educational agency declines the opportunity for such a 
     hearing; and
       ``(F) request additional information, only as to the 
     noncompliant provisions, needed to make the application 
     compliant.
       ``(3) Response.--If the local educational agency responds 
     to the State educational agency's notification described in 
     paragraph (2)(A) prior to the expiration of the 45-day period 
     beginning on the date on which the local educational agency 
     received the notification, and resubmits the application as 
     described in paragraph (2)(C), the State educational agency 
     shall approve such application unless the State educational 
     agency determines the application does not meet the 
     requirements of this part.
       ``(4) Failure to respond.--If the local educational agency 
     does not respond to the State educational agency's 
     notification described in paragraph (2)(A) prior to the 
     expiration of the 45-day period beginning on the date on 
     which the local educational agency received the notification, 
     such application shall be deemed to be disapproved.''.

     SEC. 8015. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND 
                   TEACHERS.

       Section 8501, as redesignated by section 8001 of this Act, 
     is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) Special rule.--
       ``(A) In general.--Educational services and other benefits 
     provided under this section for private school children, 
     teachers, and other educational personnel shall be equitable 
     in comparison to services and other benefits for public 
     school children, teachers, and other educational personnel 
     participating in the program and shall be provided in a 
     timely manner.
       ``(B) Ombudsman.--To help ensure equitable services are 
     provided to private school children, teachers, and other 
     educational personnel under this section, the State 
     educational agency involved shall direct the ombudsman 
     designated by the agency under section 1117 to monitor and 
     enforce the requirements of this section.''; and
       (B) by striking paragraph (4) and inserting the following:
       ``(4) Expenditures.--
       ``(A) In general.--Expenditures for educational services 
     and other benefits provided under this section for eligible 
     private school children, their teachers, and other 
     educational personnel serving those children shall be equal, 
     taking into account the number and educational needs of the 
     children to be served, to the expenditures for participating 
     public school children.
       ``(B) Obligation of funds.--Funds allocated to a local 
     educational agency for educational services and other 
     benefits to eligible private school children shall be 
     obligated in the fiscal year for which the funds are received 
     by the agency.
       ``(C) Notice of allocation.--Each State educational agency 
     shall provide notice in a timely manner to the appropriate 
     private school officials in the State of the allocation of 
     funds for educational services and other benefits under this 
     subpart that the local educational agencies have determined 
     are available for eligible private school children.''.
       (2) in subsection (b)--
       (A) in paragraph (1), by striking subparagraphs (A) through 
     (H) and inserting the following:
       ``(A) part C of title I;
       ``(B) part A of title II;
       ``(C) part A of title III;
       ``(D) part A of title IV; and
       ``(E) part B of title IV.''; and
       (B) by striking paragraph (3); and
       (3) in subsection (c)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``To ensure'' and all that follows through ``such as'' and 
     inserting ``To ensure timely and meaningful consultation, a 
     State educational agency, local educational agency, 
     educational service agency, consortium of those agencies, or 
     entity shall consult with appropriate private school 
     officials. Such agency and private school officials shall 
     both have the goal of reaching agreement on how to provide 
     equitable and effective programs for eligible private school 
     children, on issues such as'';
       (B) in paragraph (1)--
       (i) in subparagraph (E)--

       (I) by striking ``and the amount'' and inserting ``, the 
     amount''; and
       (II) by striking ``services; and'' and inserting 
     ``services, and how that amount is determined;'';

       (ii) in subparagraph (F)--

       (I) by striking ``contract'' after ``provision of''; and
       (II) by striking the period at the end and inserting ``; 
     and''; and

       (iii) by adding at the end the following:
       ``(G) whether the agency, consortium, or entity shall 
     provide services directly or through a separate government 
     agency, consortium, or entity, or through a third-party 
     contractor; and
       ``(H) whether to provide equitable services to eligible 
     private school children--
       ``(i) by creating a pool or pools of funds with all of the 
     funds allocated under subsection (a)(4)(C) based on all the 
     children from low-income families in a participating school 
     attendance area who attend private schools; or
       ``(ii) in the agency's participating school attendance area 
     who attend private schools with the proportion of funds 
     allocated under subsection (a)(4)(C) based on the number of 
     children from low-income families who attend private 
     schools.''; and
       (4) by adding at the end the following:
       ``(5) Documentation.--Each local educational agency shall 
     maintain in the agency's records, and provide to the State 
     educational agency involved, a written affirmation signed by 
     officials of each participating private school that the 
     meaningful consultation required by this section has 
     occurred. The written affirmation shall provide the option 
     for private school officials to indicate such officials' 
     belief that timely and meaningful consultation has not 
     occurred or that the program design is not equitable with 
     respect to eligible private school children. If such 
     officials do not provide such affirmation within a reasonable 
     period of time, the local educational agency shall forward 
     the documentation that such consultation has, or attempts at 
     such consultation have, taken place to the State educational 
     agency.
       ``(6) Compliance.--
       ``(A) In general.--If the consultation required under this 
     section is with a local educational agency or educational 
     service agency, a private school official shall have the 
     right to file a complaint with the State educational agency 
     that the consultation required under this section was not 
     meaningful and timely, did not give due consideration to the 
     views of the private school official, or did not make a 
     decision that treats the private school or its students 
     equitably as required by this section.
       ``(B) Procedure.--If the private school official wishes to 
     file a complaint, the private school official shall provide 
     the basis of the noncompliance and all parties shall provide 
     the appropriate documentation to the appropriate officials.
       ``(C) Services.--A State educational agency shall provide 
     services under this section directly or through contracts 
     with public and private agencies, organizations, and 
     institutions, if the appropriate private school officials 
     have--
       ``(i) requested that the State educational agency provide 
     such services directly; and
       ``(ii) demonstrated that the local educational agency 
     involved has not met the requirements of this section in 
     accordance with the procedures for making such a request, as 
     prescribed by the State educational agency.''.

     SEC. 8016. STANDARDS FOR BY-PASS.

       Section 8502(a)(2), as redesignated and amended by section 
     8001 of this Act, is further amended by striking ``9503, and 
     9504'' and inserting ``8503, and 8504''.

     SEC. 8017. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE 
                   SCHOOL CHILDREN.

       Section 8503, as redesignated and amended by section 8001 
     of this Act, is further amended by striking subsections (a) 
     and (b) and inserting the following:
       ``(a) Procedures for Complaints.--The Secretary shall 
     develop and implement written procedures for receiving, 
     investigating, and resolving complaints from parents, 
     teachers, or other individuals and organizations concerning 
     violations of section 8501 by a State educational agency, 
     local educational agency, educational service agency, 
     consortium of those agencies, or entity. The individual or 
     organization shall submit the complaint to the State 
     educational agency for a written resolution by the State 
     educational agency within 45 days.
       ``(b) Appeals to Secretary.--The resolution may be appealed 
     by an interested party to the Secretary not later than 30 
     days after the State educational agency resolves the 
     complaint or fails to resolve the complaint within the 45-day 
     time limit. The appeal shall be accompanied by a copy of the 
     State educational agency's resolution, and, if there is one, 
     a complete statement of the reasons supporting the appeal. 
     The Secretary shall investigate and resolve the appeal not 
     later than 90 days after receipt of the appeal.''.

     SEC. 8018. BY-PASS DETERMINATION PROCESS.

       Section 8504(a)(1)(A), as redesignated by section 8001 of 
     this Act, is amended by striking ``9502'' and inserting 
     ``8502''.

     SEC. 8019. MAINTENANCE OF EFFORT.

       Section 8521, as redesignated by section 8001 of this Act, 
     is amended--
       (1) in subsection (a), by inserting ``, subject to the 
     requirements of subsection (b)'' after ``for the second 
     preceding fiscal year'';
       (2) in subsection (b)(1), by inserting before the period at 
     the end the following: ``, if such local educational agency 
     has also failed to meet such requirement (as determined using 
     the measure most favorable to the local agency) for 1 or more 
     of the 5 immediately preceding fiscal years''; and
       (3) in subsection (c)(1), by inserting ``or a change in the 
     organizational structure of the local educational agency'' 
     after ``, such as a natural disaster''.

     SEC. 8020. PROHIBITION REGARDING STATE AID.

       Section 8522, as redesignated by section 8001 of this Act, 
     is amended by striking ``title VIII'' and inserting ``title 
     VII''.

     SEC. 8021. SCHOOL PRAYER.

       Section 8524(a), as redesignated by section 8001 of this 
     Act, is amended by striking ``on the Internet'' and inserting 
     ``by electronic means, including by posting the guidance on 
     the Department's website in a clear and easily accessible 
     manner''.

     SEC. 8022. PROHIBITED USES OF FUNDS.

        Section 8526, as redesignated by section 8001 of this Act, 
     is amended--
       (1) by striking the section heading and inserting 
     ``PROHIBITED USES OF FUNDS'';
       (2) in subsection (a)--

[[Page H8523]]

       (A) by redesignating paragraphs (1) through (4) as 
     paragraphs (3) through (6), respectively; and
       (B) by inserting before paragraph (3) (as redesignated by 
     subparagraph (A)) the following:
       ``(1) for construction, renovation, or repair of any school 
     facility, except as authorized under this Act;
       ``(2) for transportation unless otherwise authorized under 
     this Act;'';
       (3) by striking ``(a)Prohibition.--None of the funds 
     authorized under this Act shall be used'' and inserting ``No 
     funds under this Act may be used''; and
       (4) by striking subsection (b).

     SEC. 8023. PROHIBITIONS.

       Title VIII, as redesignated and amended by section 8001 of 
     this Act, is further amended by inserting after section 8526 
     the following:

     ``SEC. 8526A. PROHIBITION AGAINST FEDERAL MANDATES, 
                   DIRECTION, OR CONTROL.

       ``(a) In General.--No officer or employee of the Federal 
     Government shall, through grants, contracts, or other 
     cooperative agreements, mandate, direct, or control a State, 
     local educational agency, or school's specific instructional 
     content, academic standards and assessments, curricula, or 
     program of instruction developed and implemented to meet the 
     requirements of this Act (including any requirement, 
     direction, or mandate to adopt the Common Core State 
     Standards developed under the Common Core State Standards 
     Initiative, any other academic standards common to a 
     significant number of States, or any assessment, 
     instructional content, or curriculum aligned to such 
     standards), nor shall anything in this Act be construed to 
     authorize such officer or employee to do so.
       ``(b) Financial Support.--No officer or employee of the 
     Federal Government shall condition or incentivize the receipt 
     of any grant, contract, or cooperative agreement, the receipt 
     of any priority or preference under such grant, contract, or 
     cooperative agreement, or the receipt of a waiver under 
     section 8401 upon a State, local educational agency, or 
     school's adoption or implementation of specific instructional 
     content, academic standards and assessments, curricula, or 
     program of instruction developed and implemented to meet the 
     requirements of this Act (including any condition, priority, 
     or preference to adopt the Common Core State Standards 
     developed under the Common Core State Standards Initiative, 
     any other academic standards common to a significant number 
     of States, or any assessment, instructional content, or 
     curriculum aligned to such standards).''.

     SEC. 8024. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF 
                   FEDERAL FUNDS.

       Section 8527, as redesignated by section 8001 of this Act, 
     is amended to read as follows:

     ``SEC. 8527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF 
                   FEDERAL FUNDS.

       ``(a) General Prohibition.--Nothing in this Act shall be 
     construed to authorize an officer or employee of the Federal 
     Government, including through a grant, contract, or 
     cooperative agreement, to mandate, direct, or control a 
     State, local educational agency, or school's curriculum, 
     program of instruction, or allocation of State or local 
     resources, or mandate a State or any subdivision thereof to 
     spend any funds or incur any costs not paid for under this 
     Act.
       ``(b) Prohibition on Endorsement of Curriculum.--
     Notwithstanding any other provision of Federal law, no funds 
     provided to the Department under this Act may be used by the 
     Department, whether through a grant, contract, or cooperative 
     agreement, to endorse, approve, develop, require, or sanction 
     any curriculum, including any curriculum aligned to the 
     Common Core State Standards developed under the Common Core 
     State Standards Initiative or any other academic standards 
     common to a significant number of States, designed to be used 
     in an elementary school or secondary school.
       ``(c) Local Control.--Nothing in this section shall be 
     construed to--
       ``(1) authorize an officer or employee of the Federal 
     Government, whether through a grant, contract, or cooperative 
     agreement to mandate, direct, review, or control a State, 
     local educational agency, or school's instructional content, 
     curriculum, and related activities;
       ``(2) limit the application of the General Education 
     Provisions Act (20 U.S.C. 1221 et seq.);
       ``(3) require the distribution of scientifically or 
     medically false or inaccurate materials or to prohibit the 
     distribution of scientifically or medically true or accurate 
     materials; or
       ``(4) create any legally enforceable right.
       ``(d) Prohibition on Requiring Federal Approval or 
     Certification of Standards.--
       ``(1) In general.--Notwithstanding any other provision of 
     Federal law, no State shall be required to have academic 
     standards approved or certified by the Federal Government, in 
     order to receive assistance under this Act.
       ``(2) Rule of construction.--Nothing in this Act shall be 
     construed to prohibit a State, local educational agency, or 
     school from using funds provided under this Act for the 
     development or implementation of any instructional content, 
     academic standards, academic assessments, curriculum, or 
     program of instruction that a State, local educational 
     agency, or school chooses, as permitted under State and local 
     law, as long as the use of such funds is consistent with the 
     terms of the grant, contract, or cooperative agreement 
     providing such funds.
       ``(3) Building standards.--Nothing in this Act shall be 
     construed to mandate national school building standards for a 
     State, local educational agency, or school.''.

     SEC. 8025. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND 
                   STUDENT RECRUITING INFORMATION.

       Section 8528, as redesignated by section 8001 of this Act, 
     is amended by striking subsections (a) through (d) and 
     inserting the following:
       ``(a) Policy.--
       ``(1) Access to student recruiting information.--
     Notwithstanding section 444(a)(5)(B) of the General Education 
     Provisions Act (20 U.S.C. 1232g(a)(5)(B)), each local 
     educational agency receiving assistance under this Act shall 
     provide, upon a request made by a military recruiter or an 
     institution of higher education, access to the name, address, 
     and telephone listing of each secondary school student served 
     by the local educational agency, unless the parent of such 
     student has submitted the prior consent request under 
     paragraph (2).
       ``(2) Consent.--
       ``(A) Opt-out process.--A parent of a secondary school 
     student may submit a written request, to the local 
     educational agency, that the student's name, address, and 
     telephone listing not be released for purposes of paragraph 
     (1) without prior written consent of the parent. Upon 
     receiving such request, the local educational agency may not 
     release the student's name, address, and telephone listing 
     for such purposes without the prior written consent of the 
     parent.
       ``(B) Notification of opt-out process.--Each local 
     educational agency shall notify the parents of the students 
     served by the agency of the option to make a request 
     described in subparagraph (A).
       ``(3) Same access to students.--Each local educational 
     agency receiving assistance under this Act shall provide 
     military recruiters the same access to secondary school 
     students as is provided to institutions of higher education 
     or to prospective employers of those students.
       ``(4) Rule of construction prohibiting opt-in processes.--
     Nothing in this subsection shall be construed to allow a 
     local educational agency to withhold access to a student's 
     name, address, and telephone listing from a military 
     recruiter or institution of higher education by implementing 
     an opt-in process or any other process other than the written 
     consent request process under paragraph (2)(A).
       ``(5) Parental consent.--For purposes of this subsection, 
     whenever a student has attained 18 years of age, the 
     permission or consent required of and the rights accorded to 
     the parents of the student shall only be required of and 
     accorded to the student.
       ``(b) Notification.--The Secretary, in consultation with 
     the Secretary of Defense, shall, not later than 120 days 
     after the date of the enactment of the Every Student Succeeds 
     Act, notify school leaders, school administrators, and other 
     educators about the requirements of this section.
       ``(c) Exception.--The requirements of this section do not 
     apply to a private secondary school that maintains a 
     religious objection to service in the Armed Forces if the 
     objection is verifiable through the corporate or other 
     organizational documents or materials of that school.''.

     SEC. 8026. PROHIBITION ON FEDERALLY SPONSORED TESTING.

       Section 8529, as redesignated by section 8001 of this Act, 
     is amended to read as follows:

     ``SEC. 8529. PROHIBITION ON FEDERALLY SPONSORED TESTING.

       ``(a) General Prohibition.--Notwithstanding any other 
     provision of Federal law and except as provided in subsection 
     (b), no funds provided under this Act to the Secretary or to 
     the recipient of any award may be used to develop, 
     incentivize, pilot test, field test, implement, administer, 
     or distribute any federally sponsored national test in 
     reading, mathematics, or any other subject, unless 
     specifically and explicitly authorized by law, including any 
     assessment or testing materials aligned to the Common Core 
     State Standards developed under the Common Core State 
     Standards Initiative or any other academic standards common 
     to a significant number of States.
       ``(b) Exceptions.--Subsection (a) shall not apply to 
     international comparative assessments developed under the 
     authority of section 153(a)(6) of the Education Sciences 
     Reform Act of 2002 (20 U.S.C. 9543(a)(6)) and administered to 
     only a representative sample of pupils in the United States 
     and in foreign nations.''.

     SEC. 8027. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION 
                   FOR TEACHERS, PRINCIPALS, OR OTHER SCHOOL 
                   LEADERS.

       Section 8530, as redesignated by section 8001 of this Act, 
     is amended--
       (1) in the section heading, by inserting ``, PRINCIPALS, OR 
     OTHER SCHOOL LEADERS'' after ``TEACHERS'';
       (2) in the subsection heading, by inserting ``, Principals, 
     or Other School Leaders'' after ``Teachers''; and
       (3) in subsection (a)--
       (A) by inserting ``, principals, other school leaders,'' 
     after ``teachers''; and
       (B) by inserting ``, or incentive regarding,'' after 
     ``administration of''.

     SEC. 8028. PROHIBITION ON REQUIRING STATE PARTICIPATION.

       Title VIII, as redesignated and amended by section 8001 of 
     this Act, is further amended by inserting after section 8530 
     the following:

     ``SEC. 8530A. PROHIBITION ON REQUIRING STATE PARTICIPATION.

       ``Any State that opts out of receiving funds, or that has 
     not been awarded funds, under one or more programs under this 
     Act shall not be required to carry out any of the 
     requirements of such program or programs, and nothing in this 
     Act shall be construed to require a State to participate in 
     any program under this Act.''.

     SEC. 8029. CIVIL RIGHTS.

       Section 8534(b), as redesignated by section 8001 of this 
     Act, is amended--
       (1) by striking ``as defined in section 1116 of title I and 
     part B of title V'' and inserting ``as defined in section 
     1111(d) of title I and part C of title IV''; and
       (2) by striking ``grant under section 1116 of title I or 
     part B of title V'' and inserting ``grant

[[Page H8524]]

     under section 1111(d) of title I or part C of title IV''.

     SEC. 8030. CONSULTATION WITH INDIAN TRIBES AND TRIBAL 
                   ORGANIZATIONS.

       Subpart 2 of part F of title VIII, as amended and 
     redesignated by section 8001 of this Act, is further amended 
     by adding at the end the following:

     ``SEC. 8538. CONSULTATION WITH INDIAN TRIBES AND TRIBAL 
                   ORGANIZATIONS.

       ``(a) In General.--To ensure timely and meaningful 
     consultation on issues affecting American Indian and Alaska 
     Native students, an affected local educational agency shall 
     consult with appropriate officials from Indian tribes or 
     tribal organizations approved by the tribes located in the 
     area served by the local educational agency prior to the 
     affected local educational agency's submission of a required 
     plan or application for a covered program under this Act or 
     for a program under title VI of this Act. Such consultation 
     shall be done in a manner and in such time that provides the 
     opportunity for such appropriate officials from Indian tribes 
     or tribal organizations to meaningfully and substantively 
     contribute to such plan.
       ``(b) Documentation.--Each affected local educational 
     agency shall maintain in the agency's records and provide to 
     the State educational agency a written affirmation signed by 
     the appropriate officials of the participating tribes or 
     tribal organizations approved by the tribes that the 
     consultation required by this section has occurred. If such 
     officials do not provide such affirmation within a reasonable 
     period of time, the affected local educational agency shall 
     forward documentation that such consultation has taken place 
     to the State educational agency.
       ``(c) Definitions.--In this section:
       ``(1) Affected local educational agency.--The term 
     `affected local educational agency' means a local educational 
     agency--
       ``(A) with an enrollment of American Indian or Alaska 
     Native students that is not less than 50 percent of the total 
     enrollment of the local educational agency; or
       ``(B) that--
       ``(i) for fiscal year 2017, received a grant in the 
     previous year under subpart 1 of part A of title VII (as such 
     subpart was in effect on the day before the date of enactment 
     of the Every Student Succeeds Act) that exceeded $40,000; or
       ``(ii) for any fiscal year following fiscal year 2017, 
     received a grant in the previous fiscal year under subpart 1 
     of part A of title VI that exceeded $40,000.
       ``(2) Appropriate officials.--The term `appropriate 
     officials' means--
       ``(A) tribal officials who are elected; or
       ``(B) appointed tribal leaders or officials designated in 
     writing by an Indian tribe for the specific consultation 
     purpose under this section.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to require the local educational agency to determine 
     who are the appropriate officials; or
       ``(2) to make the local educational agency liable for 
     consultation with appropriate officials that the tribe 
     determines not to be the correct appropriate officials.
       ``(e) Limitation.--Consultation required under this section 
     shall not interfere with the timely submission of the plans 
     or applications required under this Act.''.

     SEC. 8031. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL LOCAL 
                   EDUCATIONAL AGENCIES.

       Subpart 2 of part F of title VIII, as amended and 
     redesignated by section 8001 of this Act, is further amended 
     by adding at the end the following:

     ``SEC. 8539. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL 
                   LOCAL EDUCATIONAL AGENCIES.

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

     SEC. 8032. CONSULTATION WITH THE GOVERNOR.

       Subpart 2 of part F of title VIII, as amended and 
     redesignated by section 8001 of this Act, is further amended 
     by adding at the end the following:

     ``SEC. 8540. CONSULTATION WITH THE GOVERNOR.

       ``(a) In General.--A State educational agency shall consult 
     in a timely and meaningful manner with the Governor, or 
     appropriate officials from the Governor's office, in the 
     development of State plans under titles I and II and section 
     8302.
       ``(b) Timing.--The consultation described in subsection (a) 
     shall include meetings of officials from the State 
     educational agency and the Governor's office and shall 
     occur--
       ``(1) during the development of such plan; and
       ``(2) prior to submission of the plan to the Secretary.
       ``(c) Joint Signature Authority.--A Governor shall have 30 
     days prior to the State educational agency submitting the 
     State plan under title I or II or section 8302 to the 
     Secretary to sign such plan. If the Governor has not signed 
     the plan within 30 days of delivery by the State educational 
     agency to the Governor, the State educational agency shall 
     submit the plan to the Secretary without such signature.''.

     SEC. 8033. LOCAL GOVERNANCE.

       Subpart 2 of part F of title VIII, as amended and 
     redesignated by section 8001 of this Act, is further amended 
     by adding at the end the following:

     ``SEC. 8541. LOCAL GOVERNANCE.

       ``(a) Rule of Construction.--Nothing in this Act shall be 
     construed to allow the Secretary to--
       ``(1) exercise any governance or authority over school 
     administration, including the development and expenditure of 
     school budgets, unless otherwise authorized under this Act;
       ``(2) issue any regulation without first complying with the 
     rulemaking requirements of section 553 of title 5, United 
     States Code; or
       ``(3) issue any nonregulatory guidance without first, to 
     the extent feasible, considering input from stakeholders.
       ``(b) Authority Under Other Law.--Nothing in subsection (a) 
     shall be construed to affect any authority the Secretary has 
     under any other Federal law.''.

     SEC. 8034. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND FROM 
                   SCHOOL.

       Subpart 2 of part F of title VIII, as amended and 
     redesignated by section 8001 of this Act, is further amended 
     by adding at the end the following:

     ``SEC. 8542. 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.''.

     SEC. 8035. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS.

       Subpart 2 of part F of title VIII, as amended and 
     redesignated by section 8001 of this Act, is further amended 
     by adding at the end the following:

     ``SEC. 8543. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS.

       ``Notwithstanding section 8102, funds used for activities 
     under this Act shall be carried out in accordance with the 
     provision of section 399z-1(a)(3)(C) of the Public Health 
     Service Act (42 U.S.C. 280h-5(a)(3)(C)).''.

     SEC. 8036. STATE CONTROL OVER STANDARDS.

       Subpart 2 of part F of title VIII, as amended and 
     redesignated by section 8001 of this Act, is further amended 
     by adding at the end the following:

     ``SEC. 8544. STATE CONTROL OVER STANDARDS.

       ``(a) In General.--Nothing in this Act shall be construed 
     to prohibit a State from withdrawing from the Common Core 
     State Standards or from otherwise revising their standards.
       ``(b) Prohibition.--No officer or employee of the Federal 
     Government shall, directly or indirectly, through grants, 
     contracts or other cooperative agreements, through waiver 
     granted under section 8401 or through any other authority, 
     take any action against a State that exercises its rights 
     under subsection (a).''.

     SEC. 8037. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY.

       Subpart 2 of part F of title VIII, as amended and 
     redesignated by section 8001 of this Act, is further amended 
     by adding at the end the following:

     ``SEC. 8545. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY.

       ``(a) Findings.--The Congress finds as follows:
       ``(1) Students' personally identifiable information is 
     important to protect.
       ``(2) Students' information should not be shared with 
     individuals other than school officials in charge of 
     educating those students without clear notice to parents.
       ``(3) With the use of more technology, and more research 
     about student learning, the responsibility to protect 
     students' personally identifiable information is more 
     important than ever.
       ``(4) Regulations allowing more access to students' 
     personal information could allow that information to be 
     shared or sold by individuals who do not have the best 
     interest of the students in mind.
       ``(5) The Secretary has the responsibility to ensure every 
     entity that receives funding under this Act holds any 
     personally identifiable information in strict confidence.
       ``(b) Sense of Congress.--It is the sense of the Congress 
     that the Secretary should review all regulations addressing 
     issues of student privacy, including those under this Act, 
     and ensure that students' personally identifiable information 
     is protected.''.

     SEC. 8038. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE.

       Subpart 2 of part F of title VIII, as amended and 
     redesignated by section 8001 of this Act, is further amended 
     by adding at the end the following:

     ``SEC. 8546. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE.

       ``(a) In General.--A State, State educational agency, or 
     local educational agency in the case of a local educational 
     agency that receives Federal funds under this Act shall have 
     laws, regulations, or policies that prohibit any individual 
     who is a school employee, contractor, or agent, or any State 
     educational agency or local educational agency, from 
     assisting a school employee, contractor, or agent in 
     obtaining a new job, apart from the routine transmission of 
     administrative and personnel files, if the individual or 
     agency knows, or has probable cause

[[Page H8525]]

     to believe, that such school employee, contractor, or agent 
     engaged in sexual misconduct regarding a minor or student in 
     violation of the law.
       ``(b) Exception.--The requirements of subsection (a) shall 
     not apply if the information giving rise to probable cause--
       ``(1)(A) has been properly reported to a law enforcement 
     agency with jurisdiction over the alleged misconduct; and
       ``(B) has been properly reported to any other authorities 
     as required by Federal, State, or local law, including title 
     IX of the Education Amendments of 1972 (20 U.S.C. 1681 et 
     seq.) and the regulations implementing such title under part 
     106 of title 34, Code of Federal Regulations, or any 
     succeeding regulations; and
       ``(2)(A) the matter has been officially closed or the 
     prosecutor or police with jurisdiction over the alleged 
     misconduct has investigated the allegations and notified 
     school officials that there is insufficient information to 
     establish probable cause that the school employee, 
     contractor, or agent engaged in sexual misconduct regarding a 
     minor or student in violation of the law;
       ``(B) the school employee, contractor, or agent has been 
     charged with, and acquitted or otherwise exonerated of the 
     alleged misconduct; or
       ``(C) the case or investigation remains open and there have 
     been no charges filed against, or indictment of, the school 
     employee, contractor, or agent within 4 years of the date on 
     which the information was reported to a law enforcement 
     agency.
       ``(c) Prohibition.--The Secretary shall not have the 
     authority to mandate, direct, or control the specific 
     measures adopted by a State, State educational agency, or 
     local educational agency under this section.
       ``(d) Construction.--Nothing in this section shall be 
     construed to prevent a State from adopting, or to override a 
     State law, regulation, or policy that provides, greater or 
     additional protections to prohibit any individual who is a 
     school employee, contractor, or agent, or any State 
     educational agency or local educational agency, from 
     assisting a school employee who engaged in sexual misconduct 
     regarding a minor or student in violation of the law in 
     obtaining a new job.''.

     SEC. 8039. SENSE OF CONGRESS ON RESTORATION OF STATE 
                   SOVEREIGNTY OVER PUBLIC EDUCATION.

       Subpart 2 of part F of title VIII, as amended and 
     redesignated by section 8001 of this Act, is further amended 
     by adding at the end the following:

     ``SEC. 8547. SENSE OF CONGRESS ON RESTORATION OF STATE 
                   SOVEREIGNTY OVER PUBLIC EDUCATION.

       ``It is the Sense of Congress that State and local 
     officials should be consulted and made aware of the 
     requirements that accompany participation in activities 
     authorized under this Act prior to a State or local 
     educational agency's request to participate in such 
     activities.''.

     SEC. 8040. PRIVACY.

       Subpart 2 of part F of title VIII, as amended and 
     redesignated by section 8001 of this Act, is further amended 
     by adding at the end the following:

     ``SEC. 8548. PRIVACY.

       ``The Secretary shall require an assurance that each 
     grantee receiving funds under this Act understands the 
     importance of privacy protections for students and is aware 
     of the responsibilities of the grantee under section 444 of 
     the General Education Provisions Act (20 U.S.C. 1232g) 
     (commonly known as the `Family Education Rights and Privacy 
     Act of 1974').''.

     SEC. 8041. ANALYSIS AND PERIODIC REVIEW; SENSE OF CONGRESS; 
                   TECHNICAL ASSISTANCE.

       Subpart 2 of part F of title VIII, as amended and 
     redesignated by section 8001 of this Act, is further amended 
     by adding at the end the following:

     ``SEC. 8549. ANALYSIS AND PERIODIC REVIEW OF DEPARTMENTAL 
                   GUIDANCE.

       ``The Secretary shall develop procedures for the approval 
     and periodic review of significant guidance documents that 
     include--
       ``(1) appropriate approval processes within the Department;
       ``(2) appropriate identification of the agency or office 
     issuing the documents, the activities to which and the 
     persons to whom the documents apply, and the date of 
     issuance;
       ``(3) a publicly available list to identify those 
     significant guidance documents that were issued, revised, or 
     withdrawn within the past year; and
       ``(4) an opportunity for the public to request that an 
     agency modify or rescind an existing significant guidance 
     document.

     ``SEC. 8549A SENSE OF CONGRESS.

       ``(a) Findings.--The Congress finds as follows:
       ``(1) This Act prohibits the Federal Government from 
     mandating, directing, or controlling a State, local 
     educational agency, or school's curriculum, program of 
     instruction, or allocation of State and local resources, and 
     from mandating a State or any subdivision thereof to spend 
     any funds or incur any costs not paid for under this Act.
       ``(2) This Act prohibits the Federal Government from 
     funding the development, pilot testing, field testing, 
     implementation, administration, or distribution of any 
     federally sponsored national test in reading, mathematics, or 
     any other subject, unless specifically and explicitly 
     authorized by law.
       ``(b) Sense of Congress.--It is the sense of the Congress 
     that States and local educational agencies retain the rights 
     and responsibilities of determining educational curriculum, 
     programs of instruction, and assessments for elementary and 
     secondary education.

     ``SEC. 8549B. SENSE OF CONGRESS ON EARLY LEARNING AND CHILD 
                   CARE.

       ``It is the Sense of the Congress that a State retains the 
     right to make decisions, free from Federal intrusion, 
     concerning its system of early learning and child care, and 
     whether or not to use funding under this Act to offer early 
     childhood education programs. Such systems should continue to 
     include robust choice for parents through a mixed delivery 
     system of services so parents can determine the right early 
     learning and child care option for their children. States, 
     while protecting the rights of early learning and child care 
     providers, retain the right to make decisions that shall 
     include the age at which to set compulsory attendance in 
     school, the content of a State's early learning guidelines, 
     and how to determine quality in programs.

     ``SEC. 8549C. TECHNICAL ASSISTANCE.

       ``If requested by a State or local educational agency, a 
     regional educational laboratory under part D of the Education 
     Sciences Reform Act of 2002 (20 U.S.C. 9561 et seq.) shall 
     provide technical assistance to such State or local 
     educational agency in meeting the requirements of section 
     8101(21).''.

     SEC. 8042. EVALUATIONS.

       Section 8601, as redesignated by section 8001 of this Act, 
     is amended to read as follows:

     ``SEC. 8601. EVALUATIONS.

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

[[Page H8526]]

  

          TITLE IX--EDUCATION FOR THE HOMELESS AND OTHER LAWS

                  PART A--HOMELESS CHILDREN AND YOUTHS

     SEC. 9101. STATEMENT OF POLICY.

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

     SEC. 9102. GRANTS FOR STATE AND LOCAL ACTIVITIES.

       Section 722 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11432) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Grants From Allotments.--The Secretary shall make the 
     grants to States from the allotments made under subsection 
     (c)(1).'';
       (2) in subsection (d)--
       (A) in paragraph (2)--
       (i) by striking ``To provide'' and all that follows through 
     ``that enable'' and inserting ``To provide services and 
     activities to improve the identification of homeless children 
     and youths (including preschool-aged homeless children) and 
     enable''; and
       (ii) by striking ``or, if'' and inserting ``including, 
     if'';
       (B) in paragraph (3), by striking ``designate'' and all 
     that follows and inserting ``designate in the State 
     educational agency an Office of the Coordinator for Education 
     of Homeless Children and Youths that can sufficiently carry 
     out the duties described for the Office in this subtitle in 
     accordance with subsection (f).''; and
       (C) by striking paragraph (5) and inserting the following:
       ``(5) To develop and implement professional development 
     programs for liaisons designated under subsection 
     (g)(1)(J)(ii) and other local educational agency personnel--
       ``(A) to improve their identification of homeless children 
     and youths; and
       ``(B) to heighten the awareness of the liaisons and 
     personnel of, and their capacity to respond to, specific 
     needs in the education of homeless children and youths.'';
       (3) in subsection (e)--
       (A) in paragraph (1), by inserting ``a State through grants 
     under subsection (a) to'' after ``each year to'';
       (B) in paragraph (2), by striking ``funds made available 
     for State use under this subtitle'' and inserting ``the grant 
     funds remaining after the State educational agency 
     distributes subgrants under paragraph (1)''; and
       (C) in paragraph (3)--
       (i) in subparagraph (C)(iv)(II), by striking ``sections 
     1111 and 1116'' and inserting ``section 1111'';
       (ii) in subparagraph (E)(ii)(II), by striking ``subsection 
     (g)(6)(A)(v)'' and inserting ``subsection (g)(6)(A)(vi)''; 
     and
       (iii) in subparagraph (F)--

       (I) in clause (i)--

       (aa) by striking ``and'' at the end of subclause (II);
       (bb) by striking the period at the end of subclause (III) 
     and inserting ``; and''; and
       (cc) by adding at the end the following:

       ``(IV) the progress the separate schools are making in 
     helping all students meet the challenging State academic 
     standards.''; and
       (II) in clause (iii), by striking ``Not later than 2 years 
     after the date of enactment of the McKinney-Vento Homeless 
     Education Assistance Improvements Act of 2001, the'' and 
     inserting ``The'';

       (4) by striking subsection (f) and inserting the following:
       ``(f) Functions of the Office of the Coordinator.--The 
     Coordinator for Education of Homeless Children and Youths 
     established in each State shall--
       ``(1) gather and make publicly available reliable, valid, 
     and comprehensive information on--
       ``(A) the number of homeless children and youths identified 
     in the State, which shall be posted annually on the State 
     educational agency's website;
       ``(B) the nature and extent of the problems homeless 
     children and youths have in gaining access to public 
     preschool programs and to public elementary schools and 
     secondary schools;
       ``(C) the difficulties in identifying the special needs and 
     barriers to the participation and achievement of such 
     children and youths;
       ``(D) any progress made by the State educational agency and 
     local educational agencies in the State in addressing such 
     problems and difficulties; and
       ``(E) the success of the programs under this subtitle in 
     identifying homeless children and youths and allowing such 
     children and youths to enroll in, attend, and succeed in, 
     school;
       ``(2) develop and carry out the State plan described in 
     subsection (g);
       ``(3) collect data for and transmit to the Secretary, at 
     such time and in such manner as the Secretary may reasonably 
     require, a report containing information necessary to assess 
     the educational needs of homeless children and youths within 
     the State, including data necessary for the Secretary to 
     fulfill the responsibilities under section 724(h);
       ``(4) in order to improve the provision of comprehensive 
     education and related services to homeless children and 
     youths and their families, coordinate activities and 
     collaborate with--
       ``(A) educators, including teachers, special education 
     personnel, administrators, and child development and 
     preschool program personnel;
       ``(B) providers of services to homeless children and youths 
     and their families, including public and private child 
     welfare and social services agencies, law enforcement 
     agencies, juvenile and family courts, agencies providing 
     mental health services, domestic violence agencies, child 
     care providers, runaway and homeless youth centers, and 
     providers of services and programs funded under the Runaway 
     and Homeless Youth Act (42 U.S.C. 5701 et seq.);
       ``(C) providers of emergency, transitional, and permanent 
     housing to homeless children and youths, and their families, 
     including public housing agencies, shelter operators, 
     operators of transitional housing facilities, and providers 
     of transitional living programs for homeless youths;
       ``(D) local educational agency liaisons designated under 
     subsection (g)(1)(J)(ii) for homeless children and youths; 
     and
       ``(E) community organizations and groups representing 
     homeless children and youths and their families;
       ``(5) provide technical assistance to and conduct 
     monitoring of local educational agencies in coordination with 
     local educational agency liaisons designated under subsection 
     (g)(1)(J)(ii), to ensure that local educational agencies 
     comply with the requirements of subsection (e)(3) and 
     paragraphs (3) through (7) of subsection (g);
       ``(6) provide professional development opportunities for 
     local educational agency personnel and the local educational 
     agency liaison designated under subsection (g)(1)(J)(ii) to 
     assist such personnel and liaison in identifying and meeting 
     the needs of homeless children and youths, and provide 
     training on the definitions of terms related to homelessness 
     specified in sections 103, 401, and 725 to the liaison; and
       ``(7) respond to inquiries from parents and guardians of 
     homeless children and youths, and (in the case of 
     unaccompanied youths) such youths, to ensure that each child 
     or youth who is the subject of such an inquiry receives the 
     full protections and services provided by this subtitle.'';
       (5) by striking subsection (g) and inserting the following:
       ``(g) State Plan.--
       ``(1) In general.--For any State desiring to receive a 
     grant under this subtitle, the State educational agency shall 
     submit to the Secretary a plan to provide for the education 
     of homeless children and youths within the State. Such plan 
     shall include the following:
       ``(A) A description of how such children and youths are (or 
     will be) given the opportunity to meet the same challenging 
     State academic standards as all students are expected to 
     meet.
       ``(B) A description of the procedures the State educational 
     agency will use to identify such children and youths in the 
     State and to assess their needs.
       ``(C) A description of procedures for the prompt resolution 
     of disputes regarding the educational placement of homeless 
     children and youths.
       ``(D) A description of programs for school personnel 
     (including liaisons designated under subparagraph (J)(ii), 
     principals and other school leaders, attendance officers, 
     teachers, enrollment personnel, and specialized instructional 
     support personnel) to heighten the awareness of such school 
     personnel of the specific needs of homeless children and 
     youths, including such children and youths who are runaway 
     and homeless youths.
       ``(E) A description of procedures that ensure that homeless 
     children and youths who meet the relevant eligibility 
     criteria are able to participate in Federal, State, or local 
     nutrition programs.
       ``(F) A description of procedures that ensure that--
       ``(i) homeless children have access to public preschool 
     programs, administered by the State educational agency or 
     local educational agency, as provided to other children in 
     the State;
       ``(ii) youths described in section 725(2) and youths 
     separated from public schools are identified and accorded 
     equal access to appropriate secondary education and support 
     services, including by identifying and removing barriers that 
     prevent youths described in this clause from receiving 
     appropriate credit for full or partial coursework 
     satisfactorily completed while attending a prior school, in 
     accordance with State, local, and school policies; and
       ``(iii) homeless children and youths who meet the relevant 
     eligibility criteria do not face barriers to accessing 
     academic and extracurricular activities, including magnet 
     school, summer school, career and technical education, 
     advanced placement, online learning, and charter school 
     programs, if such programs are available at the State and 
     local levels.
       ``(G) Strategies to address problems identified in the 
     report provided to the Secretary under subsection (f)(3).
       ``(H) Strategies to address other problems with respect to 
     the education of homeless children and youths, including 
     problems resulting from enrollment delays that are caused 
     by--
       ``(i) requirements of immunization and other required 
     health records;
       ``(ii) residency requirements;
       ``(iii) lack of birth certificates, school records, or 
     other documentation;
       ``(iv) guardianship issues; or
       ``(v) uniform or dress code requirements.
       ``(I) A demonstration that the State educational agency and 
     local educational agencies in the State have developed, and 
     shall review and revise, policies to remove barriers to the 
     identification of homeless children and youths, and the 
     enrollment and retention of homeless children and youths in 
     schools in the State, including barriers to enrollment and 
     retention due to outstanding fees or fines, or absences.

[[Page H8527]]

       ``(J) Assurances that the following will be carried out:
       ``(i) The State educational agency and local educational 
     agencies in the State will adopt policies and practices to 
     ensure that homeless children and youths are not stigmatized 
     or segregated on the basis of their status as homeless.
       ``(ii) The local educational agencies will designate an 
     appropriate staff person, able to carry out the duties 
     described in paragraph (6)(A), who may also be a coordinator 
     for other Federal programs, as a local educational agency 
     liaison for homeless children and youths.
       ``(iii) The State and the local educational agencies in the 
     State will adopt policies and practices to ensure that 
     transportation is provided, at the request of the parent or 
     guardian (or in the case of an unaccompanied youth, the 
     liaison), to and from the school of origin (as determined 
     under paragraph (3)), in accordance with the following, as 
     applicable:

       ``(I) If the child or youth continues to live in the area 
     served by the local educational agency in which the school of 
     origin is located, the child's or youth's transportation to 
     and from the school of origin shall be provided or arranged 
     by the local educational agency in which the school of origin 
     is located.
       ``(II) If the child's or youth's living arrangements in the 
     area served by the local educational agency of origin 
     terminate and the child or youth, though continuing the 
     child's or youth's education in the school of origin, begins 
     living in an area served by another local educational agency, 
     the local educational agency of origin and the local 
     educational agency in which the child or youth is living 
     shall agree upon a method to apportion the responsibility and 
     costs for providing the child or youth with transportation to 
     and from the school of origin. If the local educational 
     agencies are unable to agree upon such method, the 
     responsibility and costs for transportation shall be shared 
     equally.

       ``(iv) The State and the local educational agencies in the 
     State will adopt policies and practices to ensure 
     participation by liaisons described in clause (ii) in 
     professional development and other technical assistance 
     activities provided pursuant to paragraphs (5) and (6) of 
     subsection (f), as determined appropriate by the Office of 
     the Coordinator.
       ``(K) A description of how youths described in section 
     725(2) will receive assistance from counselors to advise such 
     youths, and prepare and improve the readiness of such youths 
     for college.
       ``(2) Compliance.--
       ``(A) In general.--Each plan adopted under this subsection 
     shall also describe how the State will ensure that local 
     educational agencies in the State will comply with the 
     requirements of paragraphs (3) through (7).
       ``(B) Coordination.--Such plan shall indicate what 
     technical assistance the State will furnish to local 
     educational agencies and how compliance efforts will be 
     coordinated with the local educational agency liaisons 
     designated under paragraph (1)(J)(ii).
       ``(3) Local educational agency requirements.--
       ``(A) In general.--The local educational agency serving 
     each child or youth to be assisted under this subtitle shall, 
     according to the child's or youth's best interest--
       ``(i) continue the child's or youth's education in the 
     school of origin for the duration of homelessness--

       ``(I) in any case in which a family becomes homeless 
     between academic years or during an academic year; and
       ``(II) for the remainder of the academic year, if the child 
     or youth becomes permanently housed during an academic year; 
     or

       ``(ii) enroll the child or youth in any public school that 
     nonhomeless students who live in the attendance area in which 
     the child or youth is actually living are eligible to attend.
       ``(B) School stability.--In determining the best interest 
     of the child or youth under subparagraph (A), the local 
     educational agency shall--
       ``(i) presume that keeping the child or youth in the school 
     of origin is in the child's or youth's best interest, except 
     when doing so is contrary to the request of the child's or 
     youth's parent or guardian, or (in the case of an 
     unaccompanied youth) the youth;
       ``(ii) consider student-centered factors related to the 
     child's or youth's best interest, including factors related 
     to the impact of mobility on achievement, education, health, 
     and safety of homeless children and youth, giving priority to 
     the request of the child's or youth's parent or guardian or 
     (in the case of an unaccompanied youth) the youth;
       ``(iii) if, after conducting the best interest 
     determination based on consideration of the presumption in 
     clause (i) and the student-centered factors in clause (ii), 
     the local educational agency determines that it is not in the 
     child's or youth's best interest to attend the school of 
     origin or the school requested by the parent or guardian, or 
     (in the case of an unaccompanied youth) the youth, provide 
     the child's or youth's parent or guardian or the 
     unaccompanied youth with a written explanation of the reasons 
     for its determination, in a manner and form understandable to 
     such parent, guardian, or unaccompanied youth, including 
     information regarding the right to appeal under subparagraph 
     (E); and
       ``(iv) in the case of an unaccompanied youth, ensure that 
     the local educational agency liaison designated under 
     paragraph (1)(J)(ii) assists in placement or enrollment 
     decisions under this subparagraph, gives priority to the 
     views of such unaccompanied youth, and provides notice to 
     such youth of the right to appeal under subparagraph (E).
       ``(C) Immediate enrollment.--
       ``(i) In general.--The school selected in accordance with 
     this paragraph shall immediately enroll the homeless child or 
     youth, even if the child or youth--

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

       ``(ii) Relevant academic records.--The enrolling school 
     shall immediately contact the school last attended by the 
     child or youth to obtain relevant academic and other records.
       ``(iii) Relevant health records.--If the child or youth 
     needs to obtain immunizations or other required health 
     records, the enrolling school shall immediately refer the 
     parent or guardian of the child or youth, or (in the case of 
     an unaccompanied youth) the youth, to the local educational 
     agency liaison designated under paragraph (1)(J)(ii), who 
     shall assist in obtaining necessary immunizations or 
     screenings, or immunization or other required health records, 
     in accordance with subparagraph (D).
       ``(D) Records.--Any record ordinarily kept by the school, 
     including immunization or other required health records, 
     academic records, birth certificates, guardianship records, 
     and evaluations for special services or programs, regarding 
     each homeless child or youth shall be maintained--
       ``(i) so that the records involved are available, in a 
     timely fashion, when a child or youth enters a new school or 
     school district; and
       ``(ii) in a manner consistent with section 444 of the 
     General Education Provisions Act (20 U.S.C. 1232g).
       ``(E) Enrollment disputes.--If a dispute arises over 
     eligibility, or school selection or enrollment in a school--
       ``(i) the child or youth shall be immediately enrolled in 
     the school in which enrollment is sought, pending final 
     resolution of the dispute, including all available appeals;
       ``(ii) the parent or guardian of the child or youth or (in 
     the case of an unaccompanied youth) the youth shall be 
     provided with a written explanation of any decisions related 
     to school selection or enrollment made by the school, the 
     local educational agency, or the State educational agency 
     involved, including the rights of the parent, guardian, or 
     unaccompanied youth to appeal such decisions;
       ``(iii) the parent, guardian, or unaccompanied youth shall 
     be referred to the local educational agency liaison 
     designated under paragraph (1)(J)(ii), who shall carry out 
     the dispute resolution process as described in paragraph 
     (1)(C) as expeditiously as possible after receiving notice of 
     the dispute; and
       ``(iv) in the case of an unaccompanied youth, the liaison 
     shall ensure that the youth is immediately enrolled in the 
     school in which the youth seeks enrollment pending resolution 
     of such dispute.
       ``(F) Placement choice.--The choice regarding placement 
     shall be made regardless of whether the child or youth lives 
     with the homeless parents or has been temporarily placed 
     elsewhere.
       ``(G) Privacy.--Information about a homeless child's or 
     youth's living situation shall be treated as a student 
     education record, and shall not be deemed to be directory 
     information, under section 444 of the General Education 
     Provisions Act (20 U.S.C. 1232g).
       ``(H) Contact information.--Nothing in this subtitle shall 
     prohibit a local educational agency from requiring a parent 
     or guardian of a homeless child or youth to submit contact 
     information.
       ``(I) School of origin defined.--In this paragraph:
       ``(i) In general.--The term `school of origin' means the 
     school that a child or youth attended when permanently housed 
     or the school in which the child or youth was last enrolled, 
     including a preschool.
       ``(ii) Receiving school.--When the child or youth completes 
     the final grade level served by the school of origin, as 
     described in clause (i), the term ``school of origin'' shall 
     include the designated receiving school at the next grade 
     level for all feeder schools.
       ``(4) Comparable services.--Each homeless child or youth to 
     be assisted under this subtitle shall be provided services 
     comparable to services offered to other students in the 
     school selected under paragraph (3), including the following:
       ``(A) Transportation services.
       ``(B) Educational services for which the child or youth 
     meets the eligibility criteria, such as services provided 
     under title I of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6301 et seq.) or similar State or local 
     programs, educational programs for children with 
     disabilities, and educational programs for English learners.
       ``(C) Programs in career and technical education.
       ``(D) Programs for gifted and talented students.
       ``(E) School nutrition programs.
       ``(5) Coordination.--
       ``(A) In general.--Each local educational agency serving 
     homeless children and youths that receives assistance under 
     this subtitle shall coordinate--
       ``(i) the provision of services under this subtitle with 
     local social services agencies and other agencies or entities 
     providing services to homeless children and youths and their 
     families, including services and programs funded under the 
     Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); and
       ``(ii) transportation, transfer of school records, and 
     other interdistrict activities, with other local educational 
     agencies.
       ``(B) Housing assistance.--If applicable, each State 
     educational agency and local educational agency that receives 
     assistance under this subtitle shall coordinate with State 
     and

[[Page H8528]]

     local housing agencies responsible for developing the 
     comprehensive housing affordability strategy described in 
     section 105 of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12705) to minimize educational 
     disruption for children and youths who become homeless.
       ``(C) Coordination purpose.--The coordination required 
     under subparagraphs (A) and (B) shall be designed to--
       ``(i) ensure that all homeless children and youths are 
     promptly identified;
       ``(ii) ensure that all homeless children and youths have 
     access to, and are in reasonable proximity to, available 
     education and related support services; and
       ``(iii) raise the awareness of school personnel and service 
     providers of the effects of short-term stays in a shelter and 
     other challenges associated with homelessness.
       ``(D) Homeless children and youths with disabilities.--For 
     children and youths who are to be assisted both under this 
     subtitle, and under the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.) or section 504 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794), each local 
     educational agency shall coordinate the provision of services 
     under this subtitle with the provision of programs for 
     children with disabilities served by that local educational 
     agency and other involved local educational agencies.
       ``(6) Local educational agency liaison.--
       ``(A) Duties.--Each local educational agency liaison for 
     homeless children and youths, designated under paragraph 
     (1)(J)(ii), shall ensure that--
       ``(i) homeless children and youths are identified by school 
     personnel through outreach and coordination activities with 
     other entities and agencies;
       ``(ii) homeless children and youths are enrolled in, and 
     have a full and equal opportunity to succeed in, schools of 
     that local educational agency;
       ``(iii) homeless families and homeless children and youths 
     have access to and receive educational services for which 
     such families, children, and youths are eligible, including 
     services through Head Start programs (including Early Head 
     Start programs) under the Head Start Act (42 U.S.C. 9831 et 
     seq.), early intervention services under part C of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1431 
     et seq.), and other preschool programs administered by the 
     local educational agency;
       ``(iv) homeless families and homeless children and youths 
     receive referrals to health care services, dental services, 
     mental health and substance abuse services, housing services, 
     and other appropriate services;
       ``(v) the parents or guardians of homeless children and 
     youths are informed of the educational and related 
     opportunities available to their children and are provided 
     with meaningful opportunities to participate in the education 
     of their children;
       ``(vi) public notice of the educational rights of homeless 
     children and youths is disseminated in locations frequented 
     by parents or guardians of such children and youths, and 
     unaccompanied youths, including schools, shelters, public 
     libraries, and soup kitchens, in a manner and form 
     understandable to the parents and guardians of homeless 
     children and youths, and unaccompanied youths;
       ``(vii) enrollment disputes are mediated in accordance with 
     paragraph (3)(E);
       ``(viii) the parent or guardian of a homeless child or 
     youth, and any unaccompanied youth, is fully informed of all 
     transportation services, including transportation to the 
     school of origin, as described in paragraph (1)(J)(iii), and 
     is assisted in accessing transportation to the school that is 
     selected under paragraph (3)(A);
       ``(ix) school personnel providing services under this 
     subtitle receive professional development and other support; 
     and
       ``(x) unaccompanied youths--

       ``(I) are enrolled in school;
       ``(II) have opportunities to meet the same challenging 
     State academic standards as the State establishes for other 
     children and youth, including through implementation of the 
     procedures under paragraph (1)(F)(ii); and
       ``(III) are informed of their status as independent 
     students under section 480 of the Higher Education Act of 
     1965 (20 U.S.C. 1087vv) and that the youths may obtain 
     assistance from the local educational agency liaison to 
     receive verification of such status for purposes of the Free 
     Application for Federal Student Aid described in section 483 
     of such Act (20 U.S.C. 1090).

       ``(B) Notice.--State Coordinators established under 
     subsection (d)(3) and local educational agencies shall inform 
     school personnel, service providers, advocates working with 
     homeless families, parents and guardians of homeless children 
     and youths, and homeless children and youths of the duties of 
     the local educational agency liaisons, and publish an 
     annually updated list of the liaisons on the State 
     educational agency's website.
       ``(C) Local and state coordination.--Local educational 
     agency liaisons for homeless children and youths shall, as a 
     part of their duties, coordinate and collaborate with State 
     Coordinators and community and school personnel responsible 
     for the provision of education and related services to 
     homeless children and youths. Such coordination shall include 
     collecting and providing to the State Coordinator the 
     reliable, valid, and comprehensive data needed to meet the 
     requirements of paragraphs (1) and (3) of subsection (f).
       ``(D) Homeless status.--A local educational agency liaison 
     designated under paragraph (1)(J)(ii) who receives training 
     described in subsection (f)(6) may affirm, without further 
     agency action by the Department of Housing and Urban 
     Development, that a child or youth who is eligible for and 
     participating in a program provided by the local educational 
     agency, or the immediate family of such a child or youth, who 
     meets the eligibility requirements of this Act for a program 
     or service authorized under title IV, is eligible for such 
     program or service.
       ``(7) Review and revisions.--
       ``(A) In general.--Each State educational agency and local 
     educational agency that receives assistance under this 
     subtitle shall review and revise any policies that may act as 
     barriers to the identification of homeless children and 
     youths or the enrollment of homeless children and youths in 
     schools that are selected under paragraph (3).
       ``(B) Consideration.--In reviewing and revising such 
     policies, consideration shall be given to issues concerning 
     transportation, immunization, residency, birth certificates, 
     school records and other documentation, and guardianship.
       ``(C) Special attention.--Special attention shall be given 
     to ensuring the identification, enrollment, and attendance of 
     homeless children and youths who are not currently attending 
     school.''; and
       (6) by striking subsection (h).

     SEC. 9103. LOCAL EDUCATIONAL AGENCY SUBGRANTS.

       Section 723 of such Act (42 U.S.C. 11433) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``facilitating the 
     enrollment,'' and inserting ``facilitating the 
     identification, enrollment,'';
       (B) in paragraph (2)(B), in the matter preceding clause 
     (i), by inserting ``the related'' before ``schools''; and
       (C) by adding at the end the following:
       ``(4) Duration of grants.--Subgrants made under this 
     section shall be for terms of not to exceed 3 years.'';
       (2) in subsection (b), by adding at the end the following:
       ``(6) An assurance that the local educational agency will 
     collect and promptly provide data requested by the State 
     Coordinator pursuant to paragraphs (1) and (3) of section 
     722(f).
       ``(7) An assurance that the local educational agency will 
     meet the requirements of section 722(g)(3).'';
       (3) in subsection (c)--
       (A) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``preschool, elementary, and secondary schools'' and 
     inserting ``early childhood education and other preschool 
     programs, elementary schools, and secondary schools,'';
       (ii) in subparagraph (A), by inserting ``identification,'' 
     before ``enrollment,'';
       (iii) in subparagraph (B), by striking ``application--'' 
     and all that follows and inserting ``application reflects 
     coordination with other local and State agencies that serve 
     homeless children and youths.''; and
       (iv) in subparagraph (C), by inserting ``(as of the date of 
     submission of the application)'' after ``practice'';
       (B) in paragraph (3)--
       (i) in subparagraph (C), by inserting ``extent to which the 
     applicant will promote meaningful'' after ``The'';
       (ii) in subparagraph (D), by striking ``within'' and 
     inserting ``into'';
       (iii) by redesignating subparagraph (G) as subparagraph 
     (I);
       (iv) by inserting after subparagraph (F) the following:
       ``(G) The extent to which the local educational agency will 
     use the subgrant to leverage resources, including by 
     maximizing nonsubgrant funding for the position of the 
     liaison described in section 722(g)(1)(J)(ii) and the 
     provision of transportation.
       ``(H) How the local educational agency will use funds to 
     serve homeless children and youths under section 1113(c)(3) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6313(c)(3)).''; and
       (v) in subparagraph (I), as redesignated by clause (iii), 
     by striking ``Such'' and inserting ``The extent to which the 
     applicant's program meets such''; and
       (C) by striking paragraph (4); and
       (4) in subsection (d)--
       (A) in paragraph (1), by striking ``the same challenging 
     State academic content standards and challenging State 
     student academic achievement standards'' and inserting ``the 
     same challenging State academic standards as'';
       (B) in paragraph (2)--
       (i) by striking ``students with limited English 
     proficiency'' and inserting ``English learners''; and
       (ii) by striking ``vocational'' and inserting ``career'';
       (C) in paragraph (3), by striking ``pupil services'' and 
     inserting ``specialized instructional support'';
       (D) in paragraph (7), by striking ``and unaccompanied 
     youths,'' and inserting ``particularly homeless children and 
     youths who are not enrolled in school,'';
       (E) in paragraph (9) by striking ``medical'' and inserting 
     ``other required health'';
       (F) in paragraph (10)--
       (i) by striking ``parents'' and inserting ``parents and 
     guardians''; and
       (ii) by inserting before the period at the end ``, and 
     other activities designed to increase the meaningful 
     involvement of parents and guardians of homeless children or 
     youths in the education of such children or youths'';
       (G) in paragraph (12), by striking ``pupil services'' and 
     inserting ``specialized instructional support services'';
       (H) in paragraph (13), by inserting before the period at 
     the end ``and parental mental health or substance abuse 
     problems''; and
       (I) in paragraph (16), by inserting before the period at 
     the end ``and participate fully in school activities''.

     SEC. 9104. SECRETARIAL RESPONSIBILITIES.

       Section 724 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11434) is amended--

[[Page H8529]]

       (1) by striking subsection (c) and inserting the following:
       ``(c) Notice.--
       ``(1) In general.--The Secretary shall, before the next 
     school year that begins after the date of enactment of the 
     Every Student Succeeds Act, update and disseminate nationwide 
     the public notice described in this subsection (as in effect 
     prior to such date) of the educational rights of homeless 
     children and youths.
       ``(2) Dissemination.--The Secretary shall disseminate the 
     notice nationwide to all Federal agencies, and grant 
     recipients, serving homeless families or homeless children 
     and youths.'';
       (2) by striking subsection (d) and inserting the following:
       ``(d) Evaluation, Dissemination, and Technical 
     Assistance.--The Secretary shall conduct evaluation, 
     dissemination, and technical assistance activities for 
     programs designed to meet the educational needs of homeless 
     elementary and secondary school students, and may use funds 
     appropriated under section 726 to conduct such activities.'';
       (3) in subsection (e)--
       (A) by striking ``60-day'' and inserting ``120-day''; and
       (B) by striking ``120-day'' and inserting ``180-day'';
       (4) in subsection (f), by adding at the end the following: 
     ``The Secretary shall provide support and technical 
     assistance to State educational agencies, concerning areas in 
     which documented barriers to a free appropriate public 
     education persist.'';
       (5) by striking subsection (g) and inserting the following:
       ``(g) Guidelines.--The Secretary shall develop, issue, and 
     publish in the Federal Register, not later than 60 days after 
     the date of enactment of the Every Student Succeeds Act, 
     guidelines concerning ways in which a State--
       ``(1) may assist local educational agencies to implement 
     the provisions related to homeless children and youths 
     amended by that Act; and
       ``(2) may review and revise State policies and procedures 
     that may present barriers to the identification of homeless 
     children and youths, and the enrollment, attendance, and 
     success of homeless children and youths in school.'';
       (6) in subsection (h)(1)(A)--
       (A) by striking ``location'' and inserting ``primary 
     nighttime residence''; and
       (B) by inserting ``in all areas served by local educational 
     agencies'' before the semicolon at the end; and
       (7) in subsection (i), by striking ``McKinney-Vento 
     Homeless Education Assistance Improvements Act of 2001'' and 
     inserting ``Every Student Succeeds Act''.

     SEC. 9105. DEFINITIONS.

       (a) Amendments.--Section 725 of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11434a) is amended--
       (1) in paragraph (2)(B)(i)--
       (A) by inserting ``or'' before ``are abandoned''; and
       (B) by striking ``or are awaiting foster care placement;'';
       (2) in paragraph (3), by striking ``9101'' and inserting 
     ``8101''; and
       (3) in paragraph (6), by striking ``youth not'' and 
     inserting ``homeless child or youth not''.
       (b) Effective Date.--
       (1) In general.--In the case of a State that is not a 
     covered State, the amendment made by subsection (a)(1) shall 
     take effect on the date that is 1 year after the date of 
     enactment of this Act.
       (2) Covered state.--In the case of a covered State, the 
     amendment made by subsection (a)(1) shall take effect on the 
     date that is 2 years after the date of enactment of this Act.
       (c) Covered State.--For purposes of this section the term 
     ``covered State'' means a State that has a statutory law that 
     defines or describes the phrase ``awaiting foster care 
     placement'', for purposes of a program under subtitle B of 
     title VII of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11431 et seq.).

     SEC. 9106. AUTHORIZATION OF APPROPRIATIONS.

       Section 726 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11435) is amended to read as follows:

     ``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subtitle $85,000,000 for each of fiscal years 2017 through 
     2020.''.

     SEC. 9107. EFFECTIVE DATE.

       Except as provided in section 9105(b) or as otherwise 
     provided in this Act, this title and the amendments made by 
     this title take effect on October 1, 2016.

                   PART B--MISCELLANEOUS; OTHER LAWS

     SEC. 9201. FINDINGS AND SENSE OF CONGRESS ON SEXUAL 
                   MISCONDUCT.

       (a) Findings.--Congress finds the following:
       (1) There are significant anecdotal reports that some 
     schools and local educational agencies have failed to 
     properly report allegations of sexual misconduct by 
     employees, contractors, or agents.
       (2) Instead of reporting alleged sexual misconduct to the 
     appropriate authorities, such as the police or child welfare 
     services, reports suggest that some schools or local 
     educational agencies have kept information on allegations of 
     sexual misconduct private or have entered into 
     confidentiality agreements with the suspected employee, 
     contractor, or agent who agrees to terminate employment with 
     or discontinue work for the school or local educational 
     agency.
       (3) The practice of withholding information on allegations 
     of sexual misconduct can facilitate the exposure of other 
     students in other jurisdictions to sexual misconduct.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) confidentiality agreements between local educational 
     agencies or schools and child predators should be prohibited;
       (2) local educational agencies or schools should not 
     facilitate the transfer of child predators to other local 
     educational agencies or schools; and
       (3) States should require local educational agencies and 
     schools to report any and all information regarding 
     allegations of sexual misconduct to law enforcement and other 
     appropriate authorities.

     SEC. 9202. SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS.

       It is the sense of Congress that a student, teacher, school 
     administrator, or other school employee of an elementary 
     school or secondary school retains the individual's rights 
     under the First Amendment to the Constitution of the United 
     States during the school day or while on the grounds of an 
     elementary school or secondary school.

     SEC. 9203. PREVENTING IMPROPER USE OF TAXPAYER FUNDS.

       To address the misuse of taxpayer funds, the Secretary of 
     Education shall--
       (1) require that each recipient of a grant or subgrant 
     under the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.) display, in a public place, the hotline 
     contact information of the Office of Inspector General of the 
     Department of Education so that any individual who observes, 
     detects, or suspects improper use of taxpayer funds can 
     easily report such improper use;
       (2) annually notify employees of the Department of 
     Education of their responsibility to report fraud; and
       (3) require any applicant--
       (A) for a grant under such Act to provide an assurance to 
     the Secretary that any information submitted when applying 
     for such grant and responding to monitoring and compliance 
     reviews is truthful and accurate; and
       (B) for a subgrant under such Act to provide the assurance 
     described in subparagraph (A) to the entity awarding the 
     subgrant.

     SEC. 9204. ACCOUNTABILITY TO TAXPAYERS THROUGH MONITORING AND 
                   OVERSIGHT.

       To improve monitoring and oversight of taxpayer funds 
     authorized for appropriation under the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), and 
     to deter and prohibit waste, fraud, and abuse with respect to 
     such funds, the Secretary of Education shall--
       (1) notify each recipient of a grant under such Act (and, 
     if applicable, require the grantee to inform each subgrantee) 
     of its responsibility to--
       (A) comply with all monitoring requirements under the 
     applicable program or programs; and
       (B) monitor properly any subgrantee under the applicable 
     program or programs;
       (2) review and analyze the results of monitoring and 
     compliance reviews--
       (A) to understand trends and identify common issues; and
       (B) to issue guidance to help grantees address such issues 
     before the loss or misuse of taxpayer funding occurs;
       (3) publicly report the work undertaken by the Secretary to 
     prevent fraud, waste, and abuse with respect to such taxpayer 
     funds; and
       (4) work with the Office of Inspector General of the 
     Department of Education, as needed, to help ensure that 
     employees of the Department understand how to adequately 
     monitor grantees and to help grantees adequately monitor any 
     subgrantees.

     SEC. 9205. REPORT ON DEPARTMENT ACTIONS TO ADDRESS OFFICE OF 
                   INSPECTOR GENERAL REPORTS.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Education shall 
     prepare and submit to the Committee on Health, Education, 
     Labor, and Pensions of the Senate, the Committee on Education 
     and the Workforce of the House of Representatives, and the 
     public through the website of the Department of Education, a 
     report containing an update on the Department's 
     implementation of recommendations contained in reports from 
     the Office of Inspector General of the Department of 
     Education.
       (b) Contents.--The report under subsection (a) shall 
     include--
       (1) a general review of the work of the Department of 
     Education to implement or address findings contained in 
     reports from the Office of Inspector General of the 
     Department of Education to improve monitoring and oversight 
     of Federal programs, including--
       (A) the March 9, 2010, final management information report 
     of the Office of Inspector General of the Department of 
     Education addressing oversight by local educational agencies 
     and authorized public chartering agencies; and
       (B) the September 2012 report of the Office of Inspector 
     General of the Department of Education entitled ``The Office 
     of Innovation and Improvement's Oversight and Monitoring of 
     the Charter Schools Program's Planning and Implementation 
     Grants Final Audit Report''; and
       (2) a description of the actions the Department of 
     Education has taken to address the concerns described in 
     reports of the Office of Inspector General of the Department 
     of Education, including the reports described in paragraph 
     (1).

     SEC. 9206. POSTHUMOUS PARDON.

       (a) Findings.--Congress finds the following:
       (1) John Arthur ``Jack'' Johnson was a flamboyant, defiant, 
     and controversial figure in the history of the United States 
     who challenged racial biases.
       (2) Jack Johnson was born in Galveston, Texas, in 1878 to 
     parents who were former slaves.
       (3) Jack Johnson became a professional boxer and traveled 
     throughout the United States, fighting White and African-
     American heavyweights.
       (4) After being denied (on purely racial grounds) the 
     opportunity to fight 2 White champions, in 1908, Jack Johnson 
     was granted an opportunity by an Australian promoter to fight 
     the reigning White title-holder, Tommy Burns.

[[Page H8530]]

       (5) Jack Johnson defeated Tommy Burns to become the first 
     African-American to hold the title of Heavyweight Champion of 
     the World.
       (6) The victory by Jack Johnson over Tommy Burns prompted a 
     search for a White boxer who could beat Jack Johnson, a 
     recruitment effort that was dubbed the search for the ``great 
     white hope''.
       (7) In 1910, a White former champion named Jim Jeffries 
     left retirement to fight Jack Johnson in Reno, Nevada.
       (8) Jim Jeffries lost to Jack Johnson in what was deemed 
     the ``Battle of the Century''.
       (9) The defeat of Jim Jeffries by Jack Johnson led to 
     rioting, aggression against African-Americans, and the 
     racially-motivated murder of African-Americans throughout the 
     United States.
       (10) The relationships of Jack Johnson with White women 
     compounded the resentment felt toward him by many Whites.
       (11) Between 1901 and 1910, 754 African-Americans were 
     lynched, some simply for being ``too familiar'' with White 
     women.
       (12) In 1910, Congress passed the Act of June 25, 1910 
     (commonly known as the ``White Slave Traffic Act'' or the 
     ``Mann Act'') (18 U.S.C. 2421 et seq.), which outlawed the 
     transportation of women in interstate or foreign commerce 
     ``for the purpose of prostitution or debauchery, or for any 
     other immoral purpose''.
       (13) In October 1912, Jack Johnson became involved with a 
     White woman whose mother disapproved of their relationship 
     and sought action from the Department of Justice, claiming 
     that Jack Johnson had abducted her daughter.
       (14) Jack Johnson was arrested by Federal marshals on 
     October 18, 1912, for transporting the woman across State 
     lines for an ``immoral purpose'' in violation of the Mann 
     Act.
       (15) The Mann Act charges against Jack Johnson were dropped 
     when the woman refused to cooperate with Federal authorities, 
     and then married Jack Johnson.
       (16) Federal authorities persisted and summoned a White 
     woman named Belle Schreiber, who testified that Jack Johnson 
     had transported her across State lines for the purpose of 
     ``prostitution and debauchery''.
       (17) In 1913, Jack Johnson was convicted of violating the 
     Mann Act and sentenced to 1 year and 1 day in Federal prison.
       (18) Jack Johnson fled the United States to Canada and 
     various European and South American countries.
       (19) Jack Johnson lost the Heavyweight Championship title 
     to Jess Willard in Cuba in 1915.
       (20) Jack Johnson returned to the United States in July 
     1920, surrendered to authorities, and served nearly a year in 
     the Federal penitentiary in Leavenworth, Kansas.
       (21) Jack Johnson subsequently fought in boxing matches, 
     but never regained the Heavyweight Championship title.
       (22) Jack Johnson served the United States during World War 
     II by encouraging citizens to buy war bonds and participating 
     in exhibition boxing matches to promote the war bond cause.
       (23) Jack Johnson died in an automobile accident in 1946.
       (24) In 1954, Jack Johnson was inducted into the Boxing 
     Hall of Fame.
       (25) Senate Concurrent Resolution 29, 111th Congress, 
     agreed to July 29, 2009, expressed the sense of the 111th 
     Congress that Jack Johnson should receive a posthumous pardon 
     for his racially-motivated 1913 conviction.
       (b) Recommendations.--It remains the sense of Congress that 
     Jack Johnson should receive a posthumous pardon--
       (1) to expunge a racially-motivated abuse of the 
     prosecutorial authority of the Federal Government from the 
     annals of criminal justice in the United States; and
       (2) in recognition of the athletic and cultural 
     contributions of Jack Johnson to society.

     SEC. 9207. EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999 
                   REAUTHORIZATION.

       (a) Definitions.--Section 3(1) of the Education Flexibility 
     Partnership Act of 1999 (20 U.S.C. 5891a(1)) is amended--
       (1) in the paragraph heading, by striking ``Local'' and 
     inserting ``Educational service agency; local'';
       (2) by striking ``The terms'' and inserting ``The terms 
     `educational service agency',''; and
       (3) by striking ``section 9101'' and inserting ``section 
     8101''.
       (b) General Provisions.--Section 4 of the Education 
     Flexibility Partnership Act of 1999 (20 U.S.C. 5891b) is 
     amended to read as follows:

     ``SEC. 4. EDUCATIONAL FLEXIBILITY PROGRAM.

       ``(a) Educational Flexibility Program.--
       ``(1) Program authorized.--
       ``(A) In general.--The Secretary may carry out an 
     educational flexibility program under which the Secretary 
     authorizes a State educational agency that serves an eligible 
     State to waive statutory or regulatory requirements 
     applicable to one or more programs described in subsection 
     (b), other than requirements described in subsection (c), for 
     any local educational agency, educational service agency, or 
     school within the State.
       ``(B) Designation.--Each eligible State participating in 
     the program described in subparagraph (A) shall be known as 
     an `Ed-Flex Partnership State'.
       ``(2) Eligible state.--For the purpose of this section, the 
     term `eligible State' means a State that--
       ``(A) has--
       ``(i) developed and implemented the challenging State 
     academic standards, and aligned assessments, described in 
     paragraphs (1) and (2) of section 1111(b) of the Elementary 
     and Secondary Education Act of 1965, and is producing the 
     report cards required by section 1111(h) of such Act; or
       ``(ii) if the State has adopted new challenging State 
     academic standards under section 1111(b)(1) of the Elementary 
     and Secondary Education Act of 1965, as a result of the 
     amendments made to such Act by the Every Student Succeeds 
     Act, made substantial progress (as determined by the 
     Secretary) toward developing and implementing such standards 
     and toward producing the report cards required under section 
     1111(h) of such Act;
       ``(B) will hold local educational agencies, educational 
     service agencies, and schools accountable for meeting the 
     educational goals described in the local applications 
     submitted under paragraph (4) and for engaging in technical 
     assistance and, as applicable and appropriate, implementing 
     comprehensive support and improvement activities and targeted 
     support and improvement activities under section 1111(d) of 
     the Elementary and Secondary Education Act of 1965; and
       ``(C) waives State statutory or regulatory requirements 
     relating to education while holding local educational 
     agencies, educational service agencies, or schools within the 
     State that are affected by such waivers accountable for the 
     performance of the students who are affected by such waivers.
       ``(3) State application.--
       ``(A) In general.--Each State educational agency desiring 
     to participate in the educational flexibility program under 
     this section shall submit an application to the Secretary at 
     such time, in such manner, and containing such information as 
     the Secretary may reasonably require. Each such application 
     shall demonstrate that the eligible State has adopted an 
     educational flexibility plan for the State that includes--
       ``(i) a description of the process the State educational 
     agency will use to evaluate applications from local 
     educational agencies, educational service agencies, or 
     schools requesting waivers of--

       ``(I) Federal statutory or regulatory requirements as 
     described in paragraph (1)(A); and
       ``(II) State statutory or regulatory requirements relating 
     to education;

       ``(ii) a detailed description of the State statutory and 
     regulatory requirements relating to education that the State 
     educational agency will waive;
       ``(iii) a description of clear educational objectives the 
     State intends to meet under the educational flexibility plan, 
     which may include innovative methods to leverage resources to 
     improve program efficiencies that benefit students;
       ``(iv) a description of how the educational flexibility 
     plan is coordinated with activities described in subsections 
     (b), (c), and (d) of section 1111 of the Elementary and 
     Secondary Education Act of 1965;
       ``(v) a description of how the State educational agency 
     will evaluate (consistent with the requirements of title I of 
     the Elementary and Secondary Education Act of 1965) the 
     performance of students in the schools, educational service 
     agencies, and local educational agencies affected by the 
     waivers; and
       ``(vi) a description of how the State educational agency 
     will meet the requirements of paragraph (7).
       ``(B) Approval and considerations.--
       ``(i) In general.--By not later than 90 days after the date 
     on which a State has submitted an application described in 
     subparagraph (A), the Secretary shall issue a written 
     decision that explains why such application has been approved 
     or disapproved, and the process for revising and resubmitting 
     the application for reconsideration.
       ``(ii) Approval.--The Secretary may approve an application 
     described in subparagraph (A) only if the Secretary 
     determines that such application demonstrates substantial 
     promise of assisting the State educational agency and 
     affected local educational agencies, educational service 
     agencies, and schools within the State in carrying out 
     comprehensive educational reform, after considering--

       ``(I) the eligibility of the State as described in 
     paragraph (2);
       ``(II) the comprehensiveness and quality of the educational 
     flexibility plan described in subparagraph (A);
       ``(III) the ability of the educational flexibility plan to 
     ensure accountability for the activities and goals described 
     in such plan;
       ``(IV) the degree to which the State's objectives described 
     in subparagraph (A)(iii)--

       ``(aa) are clear and have the ability to be assessed; and
       ``(bb) take into account the performance of local 
     educational agencies, educational service agencies, or 
     schools, and students, particularly those affected by 
     waivers;

       ``(V) the significance of the State statutory or regulatory 
     requirements relating to education that will be waived; and
       ``(VI) the quality of the State educational agency's 
     process for approving applications for waivers of Federal 
     statutory or regulatory requirements as described in 
     paragraph (1)(A) and for monitoring and evaluating the 
     results of such waivers.

       ``(4) Local application.--
       ``(A) In general.--Each local educational agency, 
     educational service agency, or school requesting a waiver of 
     a Federal statutory or regulatory requirement as described in 
     paragraph (1)(A) and any relevant State statutory or 
     regulatory requirement from a State educational agency shall 
     submit an application to the State educational agency at such 
     time, in such manner, and containing such information as the 
     State educational agency may reasonably require. Each such 
     application shall--
       ``(i) indicate each Federal program affected and each 
     statutory or regulatory requirement that will be waived;
       ``(ii) describe the purposes and overall expected results 
     of waiving each such requirement,

[[Page H8531]]

     which may include innovative methods to leverage resources to 
     improve program efficiencies that benefit students;
       ``(iii) describe, for each school year, specific, 
     measurable, educational goals for each local educational 
     agency, educational service agency, or school affected by the 
     proposed waiver, and for the students served by the local 
     educational agency, educational service agency, or school who 
     are affected by the waiver;
       ``(iv) explain why the waiver will assist the local 
     educational agency, educational service agency, or school in 
     reaching such goals; and
       ``(v) in the case of an application from a local 
     educational agency or educational service agency, describe 
     how the agency will meet the requirements of paragraph (7).
       ``(B) Evaluation of applications.--A State educational 
     agency shall evaluate an application submitted under 
     subparagraph (A) in accordance with the State's educational 
     flexibility plan described in paragraph (3)(A).
       ``(C) Approval.--A State educational agency shall not 
     approve an application for a waiver under this paragraph 
     unless--
       ``(i) the local educational agency, educational service 
     agency, or school requesting such waiver has developed a 
     local reform plan that--

       ``(I) is applicable to such agency or school, respectively; 
     and
       ``(II) may include innovative methods to leverage resources 
     to improve program efficiencies that benefit students;

       ``(ii) the waiver of Federal statutory or regulatory 
     requirements as described in paragraph (1)(A) will assist the 
     local educational agency, educational service agency, or 
     school in reaching its educational goals, particularly goals 
     with respect to school and student performance; and
       ``(iii) the State educational agency is satisfied that the 
     underlying purposes of the statutory requirements of each 
     program for which a waiver is granted will continue to be 
     met.
       ``(D) Termination.--The State educational agency shall 
     annually review the performance of any local educational 
     agency, educational service agency, or school granted a 
     waiver of Federal statutory or regulatory requirements as 
     described in paragraph (1)(A) in accordance with the 
     evaluation requirement described in paragraph (3)(A)(v), and 
     shall terminate or temporarily suspend any waiver granted to 
     the local educational agency, educational service agency, or 
     school if the State educational agency determines, after 
     notice and an opportunity for a hearing, that--
       ``(i) there is compelling evidence of systematic waste, 
     fraud, or abuse;
       ``(ii) the performance of the local educational agency, 
     educational service agency, or school with respect to meeting 
     the accountability requirement described in paragraph (2)(C) 
     and the goals described in subparagraph (A)(iii) has been 
     inadequate to justify continuation of such waiver;
       ``(iii) student achievement in the local educational 
     agency, educational service agency, or school has decreased; 
     or
       ``(iv) substantial progress has not been made toward 
     meeting the long-term goals and measurements of interim 
     progress established by the State under section 
     1111(c)(4)(A)(i) of the Elementary and Secondary Education 
     Act of 1965.
       ``(5) Oversight and reporting.--
       ``(A) Oversight.--Each State educational agency 
     participating in the educational flexibility program under 
     this section shall annually monitor the activities of local 
     educational agencies, educational service agencies, and 
     schools receiving waivers under this section.
       ``(B) State reports.--
       ``(i) Annual reports.--The State educational agency shall 
     submit to the Secretary an annual report on the results of 
     such oversight and the impact of the waivers on school and 
     student performance.
       ``(ii) Performance data.--Not later than 2 years after the 
     date a State is designated an Ed-Flex Partnership State, each 
     such State shall include, as part of the State's annual 
     report submitted under clause (i), data demonstrating the 
     degree to which progress has been made toward meeting the 
     State's educational objectives. The data, when applicable, 
     shall include--

       ``(I) information on the total number of waivers granted 
     for Federal and State statutory and regulatory requirements 
     under this section, including the number of waivers granted 
     for each type of waiver;
       ``(II) information describing the effect of the waivers on 
     the implementation of State and local educational reforms 
     pertaining to school and student performance;
       ``(III) information describing the relationship of the 
     waivers to the performance of schools and students affected 
     by the waivers; and
       ``(IV) an assurance from State program managers that the 
     data reported under this section are reliable, complete, and 
     accurate, as defined by the State, or a description of a plan 
     for improving the reliability, completeness, and accuracy of 
     such data as defined by the State.

       ``(C) Secretary's reports.--The Secretary shall annually--
       ``(i) make each State report submitted under subparagraph 
     (B) available to Congress and the public; and
       ``(ii) submit to Congress a report that summarizes the 
     State reports and describes the effects that the educational 
     flexibility program under this section had on the 
     implementation of State and local educational reforms and on 
     the performance of students affected by the waivers.
       ``(6) Duration of federal waivers.--
       ``(A) In general.--
       ``(i) Duration.--The Secretary shall approve the 
     application of a State educational agency under paragraph (3) 
     for a period of not more than 5 years.
       ``(ii) Automatic extension during review.--The Secretary 
     shall automatically extend the authority of a State to 
     continue as an Ed-Flex Partnership State until the Secretary 
     has--

       ``(I) completed the performance review of the State 
     educational agency's educational flexibility plan as 
     described in subparagraph (B); and
       ``(II) issued a final decision on any pending request for 
     renewal that was submitted by the State educational agency.

       ``(iii) Extension of approval.--The Secretary may extend 
     the authority of a State to continue as an Ed-Flex 
     Partnership State if the Secretary determines that the 
     authority of the State educational agency to grant waivers--

       ``(I) has been effective in enabling such State or affected 
     local educational agencies, educational service agencies, or 
     schools to carry out their State or local reform plans and to 
     continue to meet the accountability requirement described in 
     paragraph (2)(C); and
       ``(II) has improved student performance.

       ``(B) Performance review.--
       ``(i) In general.--Following the expiration of an approved 
     educational flexibility program for a State that is 
     designated an Ed-Flex Partnership State, the Secretary shall 
     have not more than 180 days to complete a review of the 
     performance of the State educational agency in granting 
     waivers of Federal statutory or regulatory requirements as 
     described in paragraph (1)(A) to determine if the State 
     educational agency--

       ``(I) has achieved, or is making substantial progress 
     towards achieving, the objectives described in the 
     application submitted pursuant to paragraph (3)(A)(iii) and 
     the specific long-term goals and measurements of interim 
     progress established under section 1111(c)(4)(A)(i) of the 
     Elementary and Secondary Education Act of 1965; and
       ``(II) demonstrates that local educational agencies, 
     educational service agencies, or schools affected by the 
     waiver authority or waivers have achieved, or are making 
     progress toward achieving, the desired goals described in the 
     application submitted pursuant to paragraph (4)(A)(iii).

       ``(ii) Termination of authority.--The Secretary shall 
     terminate the authority of a State educational agency to 
     grant waivers of Federal statutory or regulatory requirements 
     as described in paragraph (1)(A) if the Secretary determines, 
     after providing the State educational agency with notice and 
     an opportunity for a hearing, that such agency's performance 
     has been inadequate to justify continuation of such authority 
     based on such agency's performance against the specific long-
     term goals and measurements of interim progress established 
     under section 1111(c)(4)(A)(i) of the Elementary and 
     Secondary Education Act of 1965.
       ``(C) Renewal.--
       ``(i) In general.--Each State educational agency desiring 
     to renew an approved educational flexibility program under 
     this section shall submit a request for renewal to the 
     Secretary not later than the date of expiration of the 
     approved educational flexibility program.
       ``(ii) Timing for renewal.--The Secretary shall either 
     approve or deny the request for renewal by not later than 90 
     days after completing the performance review of the State 
     described in subparagraph (B).
       ``(iii) Determination.--In deciding whether to extend a 
     request of a State educational agency for the authority to 
     issue waivers under this section, the Secretary shall review 
     the progress of the State educational agency to determine if 
     the State educational agency--

       ``(I) has made progress toward achieving the objectives 
     described in the State application submitted pursuant to 
     paragraph (3)(A)(iii); and
       ``(II) demonstrates in the request that local educational 
     agencies, educational service agencies, or schools affected 
     by the waiver authority or waivers have made progress toward 
     achieving the desired goals described in the local 
     application submitted pursuant to paragraph (4)(A)(iii).

       ``(D) Termination.--
       ``(i) In general.--The Secretary shall terminate or 
     temporarily suspend the authority of a State educational 
     agency to grant waivers under this section if the Secretary 
     determines that--

       ``(I) there is compelling evidence of systematic waste, 
     fraud or abuse; or
       ``(II) after notice and an opportunity for a hearing, such 
     agency's performance (including performance with respect to 
     meeting the objectives described in paragraph (3)(A)(iii)) 
     has been inadequate to justify continuation of such 
     authority.

       ``(ii) Limited compliance period.--A State whose authority 
     to grant such waivers has been terminated shall have not more 
     than 1 additional fiscal year to come into compliance in 
     order to seek renewal of the authority to grant waivers under 
     this section.
       ``(7) Public notice and comment.--Each State educational 
     agency seeking waiver authority under this section and each 
     local educational agency, educational service agency, or 
     school seeking a waiver under this section--
       ``(A) shall provide the public with adequate and efficient 
     notice of the proposed waiver authority or waiver, consisting 
     of a description of the agency's application for the proposed 
     waiver authority or waiver on each agency's website, 
     including a description of any improved student performance 
     that is expected to result from the waiver authority or 
     waiver;
       ``(B) shall provide the opportunity for parents, educators, 
     school administrators, and all other interested members of 
     the community to comment regarding the proposed waiver 
     authority or waiver;
       ``(C) shall provide the opportunity described in 
     subparagraph (B) in accordance with any applicable State law 
     specifying how the comments may be received, and how the 
     comments may be reviewed by any member of the public; and

[[Page H8532]]

       ``(D) shall submit the comments received with the 
     application of the agency or school to the Secretary or the 
     State educational agency, as appropriate.
       ``(b) Included Programs.--The statutory or regulatory 
     requirements referred to in subsection (a)(1)(A) are any such 
     requirements for programs that are authorized under the 
     following provisions and under which the Secretary provides 
     funds to State educational agencies on the basis of a 
     formula:
       ``(1) The following provisions of the Elementary and 
     Secondary Education Act of 1965:
       ``(A) Part A of title I (other than section 1111).
       ``(B) Part C of title I.
       ``(C) Part D of title I.
       ``(D) Part A of title II.
       ``(E) Part A of title IV.
       ``(2) The Carl D. Perkins Career and Technical Education 
     Act of 2006 (20 U.S.C. 2301 et seq.).
       ``(c) Waivers Not Authorized.--The Secretary and the State 
     educational agency may not waive under subsection (a)(1)(A) 
     any statutory or regulatory requirement--
       ``(1) relating to--
       ``(A) maintenance of effort;
       ``(B) comparability of services;
       ``(C) equitable participation of students and professional 
     staff in private schools;
       ``(D) parental participation and involvement;
       ``(E) distribution of funds to States or to local 
     educational agencies;
       ``(F) serving eligible school attendance areas in rank 
     order in accordance with section 1113(a)(3) of the Elementary 
     and Secondary Education Act of 1965;
       ``(G) the selection of a school attendance area or school 
     under subsections (a) and (b) of section 1113 of the 
     Elementary and Secondary Education Act of 1965, except that a 
     State educational agency may grant a waiver to allow a school 
     attendance area or school to participate in activities under 
     part A of title I of such Act if the percentage of children 
     from low-income families in the school attendance area of 
     such school or who attend such school is not less than 10 
     percentage points below the lowest percentage of such 
     children for any school attendance area or school of the 
     local educational agency that meets the requirements of such 
     subsections;
       ``(H) use of Federal funds to supplement, not supplant, 
     non-Federal funds; and
       ``(I) applicable civil rights requirements; and
       ``(2) unless the State educational agency can demonstrate 
     that the underlying purposes of the statutory requirements of 
     the program for which a waiver is granted continue to be met 
     to the satisfaction of the Secretary.
       ``(d) Treatment of Existing Ed-flex Partnership States.--
       ``(1) In general.--Any designation of a State as an Ed-Flex 
     Partnership State that was in effect on the date of enactment 
     of the Every Student Succeeds Act shall be immediately 
     extended for a period of not more than 5 years, if the 
     Secretary makes the determination described in paragraph (2).
       ``(2) Determination.--The determination referred to in 
     paragraph (1) is a determination that the performance of the 
     State educational agency, in carrying out the programs for 
     which the State has received a waiver under the educational 
     flexibility program, justifies the extension of the 
     designation.
       ``(e) Publication.--A notice of the Secretary's decision to 
     authorize State educational agencies to issue waivers under 
     this section, including a description of the rationale the 
     Secretary used to approve applications under subsection 
     (a)(3)(B), shall be published in the Federal Register and the 
     Secretary shall provide for the dissemination of such notice 
     to State educational agencies, interested parties (including 
     educators, parents, students, and advocacy and civil rights 
     organizations), and the public.''.

     SEC. 9208. REPORT ON THE REDUCTION OF THE NUMBER AND 
                   PERCENTAGE OF STUDENTS WHO DROP OUT OF SCHOOL.

       Not later than 5 years after the date of enactment of this 
     Act, the Director of the Institute of Education Sciences 
     shall evaluate the impact of section 1111(g)(1)(D) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(g)(1)(D)) on reducing the number and percentage of 
     students who drop out of school.

     SEC. 9209. REPORT ON SUBGROUP SAMPLE SIZE.

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

     SEC. 9210. REPORT ON STUDENT HOME ACCESS TO DIGITAL LEARNING 
                   RESOURCES.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Director of the Institute of 
     Education Sciences shall complete a study on the educational 
     impact of access to digital learning resources outside of the 
     classroom.
       (b) Contents.--The study described in subsection (a) shall 
     include--
       (1) an analysis of student habits related to digital 
     learning resources outside of the classroom, including the 
     location and types of devices and technologies that students 
     use for educational purposes;
       (2) an identification of the barriers students face in 
     accessing digital learning resources outside of the 
     classroom;
       (3) a description of the challenges students who lack home 
     Internet access face, including challenges related to--
       (A) student participation and engagement in the classroom; 
     and
       (B) homework completion;
       (4) an analysis of how the barriers and challenges such 
     students face impact the instructional practice of educators; 
     and
       (5) a description of the ways in which State educational 
     agencies, local educational agencies, schools, and other 
     entities, including partnerships of such entities, have 
     developed effective means to address the barriers and 
     challenges students face in accessing digital learning 
     resources outside of the classroom.
       (c) Public Dissemination.--The Director of the Institute of 
     Education Sciences shall widely disseminate the findings of 
     the study described in subsection (a)--
       (1) in a timely fashion to the public and the Committee on 
     Education and the Workforce of the House of Representatives 
     and the Committee on Health, Education, Labor, and Pensions 
     of the Senate; and
       (2) through electronic transfer and other means, such as 
     posting, as available, to the website of the Institute of 
     Education Sciences or the Department of Education.

     SEC. 9211. STUDY ON THE TITLE I FORMULA.

       (a) Findings.--Congress finds the following:
       (1) Part A of title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311 et seq.) provides 
     funding to local educational agencies through four separate 
     formulas that have been added to the law over time, and which 
     have ``distinct allocation patterns, providing varying shares 
     of allocated funds to different types of local educational 
     agencies or States,'' according to a 2015 report from the 
     Congressional Research Service.
       (2) Minimal effort has been made by the Federal Government 
     to determine if the four formulas are adequately delivering 
     funds to local educational agencies with the highest 
     districtwide poverty averages.
       (3) The formulas for distributing Targeted Grants and 
     Education Finance Incentive grants use two weighting systems, 
     one based on the percentage of children included in the 
     determination of grants to local educational agencies 
     (percentage weighting), and another based on the absolute 
     number of such children (number weighting). Both weighting 
     systems have five quintiles with a roughly equal number of 
     children in each quintile. Whichever of these weighting 
     systems results in the highest total weighted formula child 
     count for a local educational agency is the weighting system 
     used for that agency in the final allocation of Targeted and 
     Education Finance Incentive Grant funds.
       (4) The Congressional Research Service has also said the 
     number weighting alternative is generally more favorable to 
     large local educational agencies with much larger geographic 
     boundaries and larger counts of eligible children than 
     smaller local educational agencies with smaller counts, but 
     potentially higher percentages, of eligible children, because 
     large local educational agencies have many more children in 
     the higher weighted quintiles.
       (5) In local educational agencies that are classified by 
     the National Center for Education Statistics as ``Large 
     City'', 47 percent of all students attend schools with 75 
     percent or higher poverty.
       (b) Study.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Director of the Institute of 
     Education Sciences shall complete a study on the 
     effectiveness of the four part A of title I formulas, 
     described in subsection (a), to deliver funds to the most 
     economically disadvantaged communities.
       (2) Contents.--The study described in paragraph (1) shall 
     include--
       (A) an analysis of the distribution of part A of title I 
     funds under the four formulas;
       (B) an analysis of how part A of title I funds are 
     distributed among local educational agencies in each of the 
     12 locale types classified by the National Center on 
     Education Statistics.
       (C) the extent to which the four formulas unduly benefit or 
     unduly disadvantage any of the local educational agencies 
     described in subparagraph (B);
       (D) the extent to which the four formulas unduly benefit or 
     unduly disadvantage high-poverty eligible school attendance 
     areas in the local educational agencies described in 
     subparagraph (B);
       (E) the extent to which the four formulas unduly benefit or 
     unduly disadvantage lower population local educational 
     agencies with relatively high percentages of districtwide 
     poverty;
       (F) the impact of number weighting and percentage weighting 
     in the formulas for distributing Targeted Grants and 
     Education Finance Incentive Grants on each of the local 
     educational agencies described in subparagraph (B);

[[Page H8533]]

       (G) the impact of number weighting and percentage weighting 
     on targeting part A of title I funds to eligible school 
     attendance areas with the highest concentrations of poverty 
     in local educational agencies described in subparagraph (B), 
     and local educational agencies described in subparagraph (B) 
     with higher percentages of districtwide poverty;
       (H) an analysis of other studies and reports produced by 
     public and non-public entities examining the distribution of 
     part A of title I funds under the four formulas; and
       (I) recommendations, as appropriate, for amending or 
     consolidating the formulas to better target part A of title I 
     funds to the most economically disadvantaged communities and 
     most economically disadvantaged eligible school attendance 
     areas.
       (3) Public dissemination.--The Director of the Institute of 
     Education Sciences shall widely disseminate the findings of 
     the study conducted under this section--
       (A) in a timely fashion;
       (B) to--
       (i) the public; and
       (ii) the Committee on Education and the Workforce of the 
     House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions of the Senate; and
       (C) through electronic transfer and other means, such as 
     posting to the website of the Institute of Education Sciences 
     or the Department of Education.

     SEC. 9212. PRESCHOOL DEVELOPMENT GRANTS.

       (a) Purposes.--The purposes of this section are--
       (1) to assist States to develop, update, or implement a 
     strategic plan that facilitates collaboration and 
     coordination among existing programs of early childhood care 
     and education in a mixed delivery system across the State 
     designed to prepare low-income and disadvantaged children to 
     enter kindergarten and to improve transitions from such 
     system into the local educational agency or elementary school 
     that enrolls such children, by--
       (A) more efficiently using existing Federal, State, local, 
     and non-governmental resources to align and strengthen the 
     delivery of existing programs;
       (B) coordinating the delivery models and funding streams 
     existing in the State's mixed delivery system; and
       (C) developing recommendations to better use existing 
     resources in order to improve--
       (i) the overall participation of children in a mixed 
     delivery system of Federal, State, and local early childhood 
     education programs;
       (ii) program quality while maintaining availability of 
     services;
       (iii) parental choice among existing programs; and
       (iv) school readiness for children from low-income and 
     disadvantaged families, including during such children's 
     transition into elementary school;
       (2) to encourage partnerships among Head Start providers, 
     State and local governments, Indian tribes and tribal 
     organizations, private entities (including faith- and 
     community-based entities), and local educational agencies, to 
     improve coordination, program quality, and delivery of 
     services; and
       (3) to maximize parental choice among a mixed delivery 
     system of early childhood education program providers.
       (b) Definitions.--In this section:
       (1) ESEA definitions.--The terms ``elementary school'', 
     ``local educational agency'', and ``State'' have the meanings 
     given the terms in section 8101 of the Elementary and 
     Secondary Education Act of 1965.
       (2) Center of excellence in early childhood.--The term 
     ``Center of Excellence in Early Childhood'' means a Center of 
     Excellence in Early Childhood designated under section 
     657B(b) of the Head Start Act (42 U.S.C. 9852b(b)).
       (3) Early childhood education program.--The term ``early 
     childhood education program'' has the meaning given the term 
     in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
     1003).
       (4) Existing program.--The term ``existing program'' means 
     a Federal, State, local, or privately-funded early childhood 
     education program that--
       (A) was operating in the State on the day before the date 
     of enactment of this Act; or
       (B) began operating in the State at any time on or after 
     the date of enactment of this Act through funds that were not 
     provided by a grant under this section.
       (5) Mixed delivery system.--The term ``mixed delivery 
     system'' means a system--
       (A) of early childhood education services that are 
     delivered through a combination of programs, providers, and 
     settings (such as Head Start, licensed family and center-
     based child care programs, public schools, and community-
     based organizations); and
       (B) that is supported with a combination of public funds 
     and private funds.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (7) State advisory council.--The term ``State Advisory 
     Council'' means a State Advisory Council on Early Childhood 
     Education and Care designated or established under section 
     642B(b)(1)(A) of the Head Start Act (42 U.S.C. 
     9837b(b)(1)(A)).
       (c) Grants Authorized.--
       (1) In general.--From amounts made available under 
     subsection (k), the Secretary, jointly with the Secretary of 
     Education, shall award grants to States to enable the States 
     to carry out the activities described in subsection (f).
       (2) Award basis.--Grants under this subsection shall be 
     awarded--
       (A) on a competitive basis; and
       (B) with priority for States that meet the requirements of 
     subsection (e)(3).
       (3) Duration of grants.--A grant awarded under paragraph 
     (1) shall be for a period of not more than 1 year and may be 
     renewed by the Secretary, jointly with the Secretary of 
     Education, under subsection (g).
       (4) Matching requirement.--Each State that receives a grant 
     under this section shall provide funds from non-Federal 
     sources (which may be provided in cash or in kind) to carry 
     out the activities supported by the grant, in an amount equal 
     to not less than 30 percent of the amount of such grant.
       (d) Initial Application.--A State desiring a grant under 
     subsection (c)(1) shall submit an application at such time 
     and in such manner as the Secretary may reasonably require. 
     The application shall contain--
       (1) an identification of the State entity that the Governor 
     of the State has appointed to be responsible for duties under 
     this section;
       (2) a description of how such State entity proposes to 
     accomplish the activities described in subsection (f) and 
     meet the purposes of this section described in subsection 
     (a), including--
       (A) a timeline for strategic planning activities; and
       (B) a description of how the strategic planning activities 
     and the proposed activities described in subsection (f) will 
     increase participation of children from low-income and 
     disadvantaged families in high-quality early childhood 
     education and preschool programs as a result of the grant;
       (3) a description of the Federal, State, and local existing 
     programs in the State for which such State entity proposes to 
     facilitate activities described in subsection (f), 
     including--
       (A) programs carried out under the Head Start Act (42 
     U.S.C. 9801 et seq.), including the Early Head Start programs 
     carried out under such Act;
       (B) child care programs carried out under the Child Care 
     and Development Block Grant Act of 1990 (42 U.S.C. 9858 et 
     seq.) or section 418 of the Social Security Act (42 U.S.C. 
     618); and
       (C) other Federal, State, and local programs of early 
     learning and development, early childhood education, and 
     child care, operating in the State (including programs 
     operated by Indian tribes and tribal organizations and 
     private entities, including faith- and community-based 
     entities), as of the date of the application for the grant;
       (4) a description of how the State entity, in collaboration 
     with Centers of Excellence in Early Childhood, if 
     appropriate, will provide technical assistance and 
     disseminate best practices;
       (5) a description of how the State plans to sustain the 
     activities described in, and carried out in accordance with, 
     subsection (f) with non-Federal sources after grant funds 
     under this section are no longer available, if the State 
     plans to continue such activities after such time; and
       (6) a description of how the State entity will work with 
     the State Advisory Council and Head Start collaboration 
     offices.
       (e) Review Process.--The Secretary shall review the 
     applications submitted under subsection (d) to--
       (1) determine which applications satisfy the requirements 
     of such subsection;
       (2) confirm that each State submitting an application has, 
     as of the date of the application, a mixed delivery system in 
     place; and
       (3) determine if a priority is merited in accordance with 
     subsection (c)(2)(B) because the State has never received--
       (A) a grant under subsection (c); or
       (B) a preschool development grant for development or 
     expansion under such program as it existed on the day before 
     the date of enactment of this Act.
       (f) Use of Funds.--A State, acting through the State entity 
     appointed under subsection (d)(1), that receives a grant 
     under subsection (c)(1) shall use the grant funds for all of 
     the following activities:
       (1) Conducting a periodic statewide needs assessment of--
       (A) the availability and quality of existing programs in 
     the State, including such programs serving the most 
     vulnerable or underserved populations and children in rural 
     areas;
       (B) to the extent practicable, the unduplicated number of 
     children being served in existing programs; and
       (C) to the extent practicable, the unduplicated number of 
     children awaiting service in such programs.
       (2) Developing a strategic plan that recommends 
     collaboration, coordination, and quality improvement 
     activities (including activities to improve children's 
     transition from early childhood education programs into 
     elementary schools) among existing programs in the State and 
     local educational agencies. Such plan shall include 
     information that--
       (A) identifies opportunities for, and barriers to, 
     collaboration and coordination among existing programs in the 
     State, including among State, local, and tribal (if 
     applicable) agencies responsible for administering such 
     programs;
       (B) recommends partnership opportunities among Head Start 
     providers, local educational agencies, State and local 
     governments, Indian tribes and tribal organizations, and 
     private entities (including faith- and community-based 
     entities) that would improve coordination, program quality, 
     and delivery of services;
       (C) builds on existing plans and goals with respect to 
     early childhood education programs, including improving 
     coordination and collaboration among such programs, of the 
     State Advisory Council while incorporating new or updated 
     Federal, State, and local statutory requirements, including--
       (i) the requirements of the Child Care and Development 
     Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); and
       (ii) when appropriate, information found in the report 
     required under section 13 of the Child

[[Page H8534]]

     Care and Development Block Grant Act of 2014 (Public Law 113-
     186; 128 Stat. 2002); and
       (D) describes how accomplishing the activities described in 
     subparagraphs (A) through (C) will better serve children and 
     families in existing programs and how such activities will 
     increase the overall participation of children in the State.
       (3) Maximizing parental choice and knowledge about the 
     State's mixed delivery system of existing programs and 
     providers by--
       (A) ensuring that parents are provided information about 
     the variety of early childhood education programs for 
     children from birth to kindergarten entry in the State's 
     mixed delivery system; and
       (B) promoting and increasing involvement by parents and 
     family members, including families of low-income and 
     disadvantaged children, in the development of their children 
     and the transition of such children from an early childhood 
     education program into an elementary school.
       (4) Sharing best practices among early childhood education 
     program providers in the State to increase collaboration and 
     efficiency of services, including to improve transitions from 
     such programs to elementary school.
       (5) After activities described in paragraphs (1) and (2) 
     have been completed, improving the overall quality of early 
     childhood education programs in the State, including by 
     developing and implementing evidence-based practices that 
     meet the requirements of section 8101(21)(A)(i) of the 
     Elementary and Secondary Education Act of 1965, to improve 
     professional development for early childhood education 
     providers and educational opportunities for children.
       (g) Renewal Grants.--
       (1) In general.--The Secretary, jointly with the Secretary 
     of Education, may use funds available under subsection (k) to 
     award renewal grants to States described in paragraph (2) to 
     enable such States to continue activities described in 
     subsection (f) and to carry out additional activities 
     described in paragraph (6).
       (2) Eligible states.--A State shall be eligible for a grant 
     under paragraph (1) if--
       (A) the State has received a grant under subsection (c)(1) 
     and the grant period has concluded; or
       (B)(i) the State has received a preschool development grant 
     for development or expansion under such program as it existed 
     on the day before the date of enactment of this Act, and the 
     grant period for such grant has concluded; and
       (ii) the Secretary allows such State to apply directly for 
     a renewal grant under this subsection, rather than an initial 
     grant under subsection (c)(1), and the State submits with its 
     application the needs assessment completed under the 
     preschool development grant (updated as necessary to reflect 
     the needs of the State as of the time of the application) in 
     place of the activity described in subsection (f)(1).
       (3) Duration of grants.--A grant awarded under this 
     subsection shall be for a period of not more than 3 years and 
     shall not be renewed.
       (4) Matching requirement.--Each State that receives a grant 
     under this subsection shall provide funds from non-Federal 
     sources (which may be provided in cash or in kind) to carry 
     out the activities supported by the grant, in an amount equal 
     to not less than 30 percent of the amount of the grant.
       (5) Application.--A State described in paragraph (2) that 
     desires a grant under this subsection shall submit an 
     application for renewal at such time and in such manner as 
     the Secretary may reasonably require. The application shall 
     contain--
       (A) applicable information required in the application 
     described in subsection (d), and in the case of a State 
     described in paragraph (2)(A), updated as the State 
     determines necessary;
       (B) in the case of a State described in paragraph (2)(A), a 
     description of how funds were used for the activities 
     described in subsection (f) in the initial grant period and 
     the extent to which such activities will continue to be 
     supported in the renewal period;
       (C) in the case of a State described in paragraph (2)(B), 
     how a needs assessment completed prior to the date of the 
     application, such as the needs assessment completed under the 
     preschool development grant program (as such program existed 
     prior to the date of enactment of this Act), and updated as 
     necessary in accordance with paragraph (2)(B)(ii), will be 
     sufficient information to inform the use of funds under this 
     subsection, and a copy of such needs assessment;
       (D) a description of how funds will be used for the 
     activities described in paragraph (6) during the renewal 
     grant period, if the State proposes to use grant funds for 
     such activities; and
       (E) in the case of a State that proposes to carry out 
     activities described in paragraph (6) and to continue such 
     activities after grant funds under this subsection are no 
     longer available, a description of how such activities will 
     be sustained with non-Federal sources after such time.
       (6) Additional activities.--
       (A) In general.--Each State that receives a grant under 
     this subsection may use grant funds to award subgrants to 
     programs in a mixed delivery system across the State designed 
     to benefit low-income and disadvantaged children prior to 
     entering kindergarten, to--
       (i)(I) enable programs to implement activities addressing 
     areas in need of improvement as determined by the State, 
     through the use of funds for the activities described in 
     paragraph (5)(C) or subsection (f), as applicable; and
       (II) as determined through the activities described in 
     paragraph (5)(C) or subsection (f), as applicable, expand 
     access to such existing programs; or
       (ii) develop new programs to address the needs of children 
     and families eligible for, but not served by, such programs, 
     if the State ensures that--

       (I) the distribution of subgrants under this subparagraph 
     supports a mixed delivery system; and
       (II) funds made available under this subparagraph will be 
     used to supplement, and not supplant, any other Federal, 
     State, or local funds that would otherwise be available to 
     carry out the activities assisted under this section.

       (B) Priority.--In awarding subgrants under subparagraph 
     (A), a State shall prioritize activities to improve areas in 
     which there are State-identified needs that would improve 
     services for low-income and disadvantaged children living in 
     rural areas.
       (C) Special rule.--A State receiving a renewal grant under 
     this subsection that elects to award subgrants under 
     subparagraph (A) shall not--
       (i) for the first year of the renewal grant, use more than 
     60 percent of the grant funds available for such year to 
     award such subgrants; and
       (ii) for each of the second and third years of the renewal 
     grant, use more than 75 percent of the grant funds available 
     for such year to award such subgrants.
       (h) State Reporting.--
       (1) Initial grants.--A State that receives an initial grant 
     under subsection (c)(1) shall submit a final report to the 
     Secretary not later than 6 months after the end of the grant 
     period. The report shall include a description of--
       (A) how, and to what extent, the grant funds were utilized 
     for activities described in subsection (f), and any other 
     activities through which funds were used to meet the purposes 
     of this section, as described in subsection (a);
       (B) strategies undertaken at the State level and, if 
     applicable, local or program level, to implement 
     recommendations in the strategic plan developed under 
     subsection (f)(2);
       (C)(i) any new partnerships among Head Start providers, 
     State and local governments, Indian tribes and tribal 
     organizations, and private entities (including faith- and 
     community-based entities); and
       (ii) how these partnerships improve coordination and 
     delivery of services;
       (D) if applicable, the degree to which the State used 
     information from the report required under section 13 of the 
     Child Care and Development Block Grant Act of 2014 to inform 
     activities under this section, and how this information was 
     useful in coordinating, and collaborating among, programs and 
     funding sources;
       (E) the extent to which activities funded by the initial 
     grant led to the blending or braiding of other public and 
     private funding;
       (F) how information about available existing programs for 
     children from birth to kindergarten entry was disseminated to 
     parents and families, and how involvement by parents and 
     family was improved; and
       (G) other State-determined and voluntarily provided 
     information to share best practices regarding early childhood 
     education programs and the coordination of such programs.
       (2) Renewal grants.--A State receiving a renewal grant 
     under subsection (g) shall submit a follow-up report to the 
     Secretary not later than 6 months after the end of the grant 
     period that includes--
       (A) information described in subparagraphs (A) through (G) 
     of paragraph (1), as applicable and updated for the period 
     covered by the renewal grant; and
       (B) if applicable, information on how the State was better 
     able to serve children through the distribution of funds in 
     accordance with subsection (g)(5), through--
       (i) a description of the activities conducted through the 
     use of subgrant funds, including, where appropriate, 
     measurable areas of program improvement and better use of 
     existing resources; and
       (ii) best practices from the use of subgrant funds, 
     including how to better serve the most vulnerable, 
     underserved, and rural populations.
       (i) Rules of Construction.--
       (1) Limitations on federal interference.--Nothing in this 
     section shall be construed to authorize the Secretary or the 
     Secretary of Education to establish any criterion for grants 
     made under this section that specifies, defines, or 
     prescribes--
       (A) early learning and development guidelines, standards, 
     or specific assessments, including the standards or measures 
     that States use to develop, implement, or improve such 
     guidelines, standards, or assessments;
       (B) specific measures or indicators of quality early 
     learning and care, including--
       (i) the systems that States use to assess the quality of 
     early childhood education programs and providers, school 
     readiness, and achievement; and
       (ii) the term ``high-quality'' as it relates to early 
     learning, development, or care;
       (C) early learning or preschool curriculum, programs of 
     instruction, or instructional content;
       (D) teacher and staff qualifications and salaries;
       (E) class sizes and ratios of children to instructional 
     staff;
       (F) any new requirement that an early childhood education 
     program is required to meet that is not explicitly authorized 
     in this section;
       (G) the scope of programs, including length of program day 
     and length of program year; and
       (H) any aspect or parameter of a teacher, principal, other 
     school leader, or staff evaluation system within a State, 
     local educational agency, or early childhood education 
     program.
       (2) Limitation on governmental requirements.--Nothing in 
     this section shall be construed to authorize the Secretary, 
     Secretary of Education, the State, or any other governmental 
     agency to alter requirements for existing programs for which 
     coordination and alignment activities are recommended under 
     this section, or to force programs to adhere to any 
     recommendations developed through this program. The 
     Secretary, Secretary of Education, State, or other

[[Page H8535]]

     governmental agency may only take an action described in the 
     preceding sentence as otherwise authorized under Federal, 
     State, or local law.
       (3) Secretary of education.--Nothing in this section shall 
     be construed to authorize the Secretary of Education to have 
     sole decision-making or regulatory authority in carrying out 
     the program authorized under this section.
       (j) Planning and Transition.--
       (1) In general.--The recipient of an award for a preschool 
     development grant for development or expansion under such 
     program as it existed on the day before the date of enactment 
     of this Act may continue to receive funds in accordance with 
     the terms of such existing award.
       (2) Transition.--The Secretary, jointly with the Secretary 
     of Education, shall take such steps as are necessary to 
     ensure an orderly transition to, and implementation of, the 
     program under this section from the preschool development 
     grants for development or expansion program as such program 
     was operating prior to the date of enactment of this Act, in 
     accordance with subsection (k).
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Health and Human 
     Services to carry out this section $250,000,000 for each of 
     fiscal years 2017 through 2020.

     SEC. 9213. REVIEW OF FEDERAL EARLY CHILDHOOD EDUCATION 
                   PROGRAMS.

       (a) In General.--The Secretary of Health and Human 
     Services, in consultation with the heads of all Federal 
     agencies that administer Federal early childhood education 
     programs, shall conduct an interdepartmental review of all 
     early childhood education programs for children less than 6 
     years of age in order to--
       (1) develop a plan for the elimination of overlapping 
     programs, as identified by the Government Accountability 
     Office's 2012 annual report (GAO-12-342SP);
       (2) determine if the activities conducted by States using 
     grant funds from preschool development grants under section 
     9212 have led to better utilization of resources; and
       (3) make recommendations to Congress for streamlining all 
     such programs.
       (b) Report and Updates.--The Secretary of Health and Human 
     Services, in consultation with the heads of all Federal 
     agencies that administer Federal early childhood education 
     programs, shall--
       (1) not later than 2 years after the date of enactment of 
     this Act, prepare and submit to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives a detailed report that--
       (A) outlines the efficiencies that can be achieved by, and 
     specific recommendations for, eliminating overlap and 
     fragmentation among all Federal early childhood education 
     programs;
       (B) explains how the use by States of preschool development 
     grant funds under section 9212 has led to the better 
     utilization of resources; and
       (C) builds upon the review of Federal early learning and 
     care programs required under section 13 of the Child Care and 
     Development Block Grant Act of 2014 (Public Law 113-186; 128 
     Stat. 2002); and
       (2) annually prepare and submit to such Committees a 
     detailed update of the report described in paragraph (1).

     SEC. 9214. USE OF THE TERM ``HIGHLY QUALIFIED'' IN OTHER 
                   LAWS.

       (a) References.--Beginning on the date of enactment of this 
     Act--
       (1) any reference in sections 420N, 428J, 428K, and 460 of 
     the Higher Education Act of 1965 (20 U.S.C. 1070g-2, 1078-10, 
     1078-11, and 1087j) to the term ``highly qualified'' as 
     defined in section 9101 of the Elementary and Secondary 
     Education Act of 1965 shall be treated as a reference to such 
     term under such section 9101 as in effect on the day before 
     the date of enactment of this Act; and
       (2) any reference in section 6112 of the America COMPETES 
     Act (20 U.S.C. 9812), section 553 of the America COMPETES 
     Reauthorization Act of 2010 (20 U.S.C. 9903), and section 9 
     of the National Science Foundation Authorization Act of 2002 
     (42 U.S.C. 1862n), to ``highly qualified'', as defined in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965, with respect to a teacher, means that the teacher meets 
     applicable State certification and licensure requirements, 
     including any requirements for certification obtained through 
     alternative routes to certification.
       (b) Education Sciences Reform Act of 2002.--Section 
     153(a)(1)(F)(ii) of the Education Sciences Reform Act of 2002 
     (20 U.S.C. 9543(a)(1)(F)(ii)) is amended by striking 
     ``teachers who are highly qualified (as such term is defined 
     in section 9101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801))'' and inserting ``teachers who meet 
     the applicable State certification and licensure 
     requirements, including any requirements for certification 
     obtained through alternative routes to certification, or, 
     with regard to special education teachers, the qualifications 
     described in section 612(a)(14)(C) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1412(a)(14)(C).''.
       (c) Higher Education Act of 1965.--The Higher Education Act 
     of 1965 (20 U.S.C. 1001 et seq.) is amended--
       (1) in section 200--
       (A) by striking paragraph (13);
       (B) in paragraph (17)(B)(ii), by striking ``to become 
     highly qualified'' and inserting ``who meets the applicable 
     State certification and licensure requirements, including any 
     requirements for certification obtained through alternative 
     routes to certification, or, with regard to special education 
     teachers, the qualifications described in section 
     612(a)(14)(C) of the Individuals with Disabilities Education 
     Act''; and
       (C) in paragraph (22)(D)(i), by striking ``becomes highly 
     qualified'' and inserting ``, with respect to special 
     education teachers, meets the qualifications described in 
     section 612(a)(14)(C) of the Individuals with Disabilities 
     Education Act'';
       (2) in section 201(3), by striking ``highly qualified 
     teachers'' and inserting ``teachers who meet the applicable 
     State certification and licensure requirements, including any 
     requirements for certification obtained through alternative 
     routes to certification, or, with regard to special education 
     teachers, the qualifications described in section 
     612(a)(14)(C) of the Individuals with Disabilities Education 
     Act'';
       (3) in section 202--
       (A) in subsection (b)(6)(H), by striking ``highly qualified 
     teachers'' and inserting ``teachers who meet the applicable 
     State certification and licensure requirements, including any 
     requirements for certification obtained through alternative 
     routes to certification, or, with regard to special education 
     teachers, the qualifications described in section 
     612(a)(14)(C) of the Individuals with Disabilities Education 
     Act,'';
       (B) subsection (d)--
       (i) in paragraph (1)--

       (I) in subparagraph (A)(i)(I), by striking ``be highly 
     qualified (including teachers in rural school districts who 
     may teach multiple subjects, special educators, and teachers 
     of students who are limited English proficient who may teach 
     multiple subjects)'' and inserting ``meet the applicable 
     State certification and licensure requirements, including any 
     requirements for certification obtained through alternative 
     routes to certification, or, with regard to special education 
     teachers, the qualifications described in section 
     612(a)(14)(C) of the Individuals with Disabilities Education 
     Act (including teachers in rural school districts, special 
     educators, and teachers of students who are limited English 
     proficient)''; and
       (II) in subparagraph (B)(iii), by striking ``become highly 
     qualified, which may include training in multiple subjects to 
     teach multiple grade levels as may be needed for individuals 
     preparing to teach in rural communities and for individuals 
     preparing to teach students with disabilities as described in 
     section 602(10)(D) of the Individuals with Disabilities 
     Education Act'' and inserting ``meet the applicable State 
     certification and licensure requirements, including any 
     requirements for certification obtained through alternative 
     routes to certification, or, with regard to special education 
     teachers, the qualifications described in section 
     612(a)(14)(C) of the Individuals with Disabilities Education 
     Act, which may include training in multiple subjects to teach 
     multiple grade levels as may be needed for individuals 
     preparing to teach in rural communities and for individuals 
     preparing to teach students with disabilities''; and

       (ii) in paragraph (5), by striking ``become highly 
     qualified teachers'' and inserting ``become teachers who meet 
     the applicable State certification and licensure 
     requirements, including any requirements for certification 
     obtained through alternative routes to certification, or, 
     with regard to special education teachers, the qualifications 
     described in section 612(a)(14)(C) of the Individuals with 
     Disabilities Education Act''; and
       (C) in subsection (e)(2)(C)(iii), by striking subclause 
     (IV) and inserting the following:

       ``(IV) meet the applicable State certification and 
     licensure requirements, including any requirements for 
     certification obtained through alternative routes to 
     certification, or, with regard to special education teachers, 
     the qualifications described in section 612(a)(14)(C) of the 
     Individuals with Disabilities Education Act, when the 
     applicant begins to fulfill the service obligation under this 
     clause; and'';

       (4) in section 204, by striking ``highly qualified 
     teachers'' each place it appears and inserting ``teachers who 
     meet the applicable State certification and licensure 
     requirements, including any requirements for certification 
     obtained through alternative routes to certification, or, 
     with regard to special education teachers, the qualifications 
     described in section 612(a)(14)(C) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1412(a)(14)(C)),'';
       (5) in section 205(b)(1)(I), by striking ``highly qualified 
     teachers'' and inserting ``teachers who meet the applicable 
     State certification and licensure requirements, including any 
     requirements for certification obtained through alternative 
     routes to certification, or, with regard to special education 
     teachers, the qualifications described in section 
     612(a)(14)(C) of the Individuals with Disabilities Education 
     Act'';
       (6) in section 207(a)(1), by striking ``highly qualified 
     teachers'' and inserting ``teachers who meet the applicable 
     State certification and licensure requirements, including any 
     requirements for certification obtained through alternative 
     routes to certification, or, with regard to special education 
     teachers, the qualifications described in section 
     612(a)(14)(C) of the Individuals with Disabilities Education 
     Act,'';
       (7) in section 208(b)--
       (A) , by striking ``are highly qualified, as required under 
     section 1119 of the Elementary and Secondary Education Act of 
     1965,'' and inserting ``meet the applicable State 
     certification and licensure requirements, including any 
     requirements for certification obtained through alternative 
     routes to certification,''; and
       (B) by striking ``is highly qualified by the deadline, as 
     required under section 612(a)(14)(C) of the Individuals with 
     Disabilities Education Act'' and inserting ``meets the 
     qualifications described in section 612(a)(14)(C) of the 
     Individuals with Disabilities Education Act'';
       (8) in section 242(b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``are highly qualified'' and inserting ``meet the applicable 
     State certification and licensure requirements, including any 
     requirements for certification obtained through alternative 
     routes to certification, or, with regard to special education 
     teachers, the qualifications

[[Page H8536]]

     described in section 612(a)(14)(C) of the Individuals with 
     Disabilities Education Act,'';
       (B) in paragraph (1), by striking ``are highly qualified,'' 
     and inserting ``meet the applicable State certification and 
     licensure requirements, including any requirements for 
     certification obtained through alternative routes to 
     certification, or, with regard to special education teachers, 
     the qualifications described in section 612(a)(14)(C) of the 
     Individuals with Disabilities Education Act,''; and
       (C) in paragraph (3), by striking ``highly qualified 
     teachers and principals'' and inserting ``teachers who meet 
     the applicable State certification and licensure 
     requirements, including any requirements for certification 
     obtained through alternative routes to certification, or, 
     with regard to special education teachers, the qualifications 
     described in section 612(a)(14)(C) of the Individuals with 
     Disabilities Education Act, and highly qualified 
     principals'';
       (9) in section 251(b)(1)(A)(iii), by striking ``are highly 
     qualified'' and inserting ``meet the applicable State 
     certification and licensure requirements, including any 
     requirements for certification obtained through alternative 
     routes to certification, or, with regard to special education 
     teachers, the qualifications described in section 
     612(a)(14)(C) of the Individuals with Disabilities Education 
     Act'';
       (10) in section 255(k)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) meets the applicable State certification and 
     licensure requirements, including any requirements for 
     certification obtained through alternative routes to 
     certification, or, with regard to special education teachers, 
     the qualifications described in section 612(a)(14)(C) of the 
     Individuals with Disabilities Education Act;''; and
       (B) in paragraph (3), by striking ``teacher who meets the 
     requirements of section 9101(23) of such Act'' and inserting 
     ``teacher who meets the applicable State certification and 
     licensure requirements, including any requirements for 
     certification obtained through alternative routes to 
     certification, or, with regard to special education teachers, 
     the qualifications described in section 612(a)(14)(C) of the 
     Individuals with Disabilities Education Act'';
       (11) in section 258(d)(1)--
       (A) by striking ``highly qualified''; and
       (B) by inserting ``, who meet the applicable State 
     certification and licensure requirements, including any 
     requirements for certification obtained through alternative 
     routes to certification, or, with regard to special education 
     teachers, the qualifications described in section 
     612(a)(14)(C) of the Individuals with Disabilities Education 
     Act'' before the period at the end; and
       (12) section 806--
       (A) in subsection (a), by striking paragraph (2); and
       (B) in subsection (c)(1), by striking ``highly qualified 
     teachers'' and inserting ``teachers who meet the applicable 
     State certification and licensure requirements, including any 
     requirements for certification obtained through alternative 
     routes to certification, or, with regard to special education 
     teachers, the qualifications described in section 
     612(a)(14)(C) of the Individuals with Disabilities Education 
     Act,''.
       (d) Individuals With Disabilities Education Act.--The 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.) is amended--
       (1) in section 602, by striking paragraph (10);
       (2) in section 612(a)(14)--
       (A) in subparagraph (C), by striking ``secondary school is 
     highly qualified by the deadline established in section 
     1119(a)(2) of the Elementary and Secondary Education Act of 
     1965'' and inserting ``secondary school--
       ``(i) has obtained full State certification as a special 
     education teacher (including participating in an alternate 
     route to certification as a special educator, if such 
     alternate route meets minimum requirements described in 
     section 2005.56(a)(2)(ii) of title 34, Code of Federal 
     Regulations, as such section was in effect on November 28, 
     2008), or passed the State special education teacher 
     licensing examination, and holds a license to teach in the 
     State as a special education teacher, except with respect to 
     any teacher teaching in a public charter school who shall 
     meet the requirements set forth in the State's public charter 
     school law;
       ``(ii) has not had special education certification or 
     licensure requirements waived on an emergency, temporary, or 
     provisional basis; and
       ``(iii) holds at least a bachelor's degree.'';
       (B) in subparagraph (D), by striking ``highly qualified 
     personnel'' and inserting ``personnel who meet the applicable 
     requirements described in this paragraph''; and
       (C) in subparagraph (E), by striking ``staff person to be 
     highly qualified'' and inserting ``staff person to meet the 
     applicable requirements described in this paragraph'';
       (3) in section 653(b)--
       (A) in paragraph (7), by striking ``highly qualified 
     teachers'' and inserting ``teachers who meet the 
     qualifications described in section 612(a)(14)(C)''; and
       (B) in paragraph (8), by striking ``teachers who are not 
     highly qualified'' and inserting ``teachers who do not meet 
     the qualifications described in section 612(a)(14)(C)''; and
       (4) in section 654--
       (A) in subsection (a)(4), in the matter preceding 
     subparagraph (A), by striking ``highly qualified special 
     education teachers, particularly initiatives that have been 
     proven effective in recruiting and retaining highly qualified 
     teachers'' and inserting ``special education teachers who 
     meet the qualifications described in section 612(a)(14)(C), 
     particularly initiatives that have been proven effective in 
     recruiting and retaining teachers''; and
       (B) in subsection (b)--
       (i) in paragraph (2), by striking ``certification of 
     special education teachers for highly qualified individuals 
     with a baccalaureate or master's degree'' and inserting 
     ``certification of special education teachers for individuals 
     with a baccalaureate or master's degree who meet the 
     qualifications described in section 612(a)(14)(C)''; and
       (ii) in paragraph (4), by striking ``highly qualified 
     special education teachers'' and inserting ``special 
     education teachers who meet the qualifications described in 
     section 612(a)(14)(C)''; and
       (C) in section 662--
       (i) in subsection (a)--

       (I) in paragraph (1), by striking ``highly qualified 
     personnel, as defined in section 651(b)'' and inserting 
     ``personnel, as defined in section 651(b), who meet the 
     applicable requirements described in section 612(a)(14)''; 
     and
       (II) in paragraph (5), by striking ``special education 
     teachers are highly qualified'' and inserting ``special 
     education teachers meet the qualifications described in 
     section 612(a)(14)(C)'';

       (ii) in subsection (b)(2)(B), by striking ``highly 
     qualified teachers'' and inserting ``special education 
     teachers who meet the qualifications described in section 
     612(a)(14)(C)''; and
       (iii) in subsection (c)(4)(B), by striking ``highly 
     qualified personnel'' and inserting ``personnel who meet the 
     applicable requirements described in section 612(a)(14)''.
       (e) Individuals With Disabilities Education Improvement Act 
     of 2004.--Section 302(a) of the Individuals with Disabilities 
     Education Improvement Act of 2004 (20 U.S.C. 1400 note) is 
     amended--
       (1) by striking ``Part D.--'' through ``parts A'' and 
     inserting ``Part D.--Parts A'' ; and
       (2) by striking paragraph (2).

     SEC. 9215. ADDITIONAL CONFORMING AMENDMENTS TO OTHER LAWS.

       (a) Act of April 16, 1934 (popularly Known as the Johnson-
     O'Malley Act).--Section 5(a) of the Act of April 16, 1934 
     (popularly known as the Johnson-O'Malley Act) (25 U.S.C. 
     456(a)) is amended by striking ``section 7114(c)(4) of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 6114(c)(4) of the Elementary and 
     Secondary Education Act of 1965''.
       (b) Adam Walsh Child Protection and Safety Act of 2006.--
     Section 153(h) of the Adam Walsh Child Protection and Safety 
     Act of 2006 (42 U.S.C. 16962(h)) is amended by striking 
     ``section 9101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801)'' and inserting ``section 8101 of 
     the Elementary and Secondary Education Act of 1965''.
       (c) Adult Education and Literacy Act.--Paragraph (8) of 
     section 203 of the Adult Education and Literacy Act (29 
     U.S.C. 3272) is amended to read as follows:
       ``(8) Essential components of reading instruction.--The 
     term `essential components of reading instruction' means 
     explicit and systematic instruction in--
       ``(A) phonemic awareness;
       ``(B) phonics;
       ``(C) vocabulary development;
       ``(D) reading fluency, including oral reading skills; and
       ``(E) reading comprehension strategies.''.
       (d) Age Discrimination Act of 1975.--Section 309(4)(B)(ii) 
     of the Age Discrimination Act of 1975 (42 U.S.C. 
     6107(4)(B)(ii)) is amended by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''.
       (e) Age Discrimination in Employment Act of 1967.--Section 
     4(l)(1)(B)(i)(I) of the Age Discrimination in Employment Act 
     of 1967 (29 U.S.C. 623(l)(1)(B)(i)(I)) is amended by striking 
     ``section 9101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801)'' and inserting ``section 8101 of 
     the Elementary and Secondary Education Act of 1965)''.
       (f) Agricultural Act of 2014.--Section 7606(a) of the 
     Agricultural Act of 2014 (7 U.S.C. 5940(a)) is amended by 
     striking ``the Safe and Drug-Free Schools and Communities Act 
     (20 U.S.C. 7101 et seq.),''.
       (g) Agricultural Research, Extension, and Education Reform 
     Act of 1998.--Section 413(b)(4) of the Agricultural Research, 
     Extension, and Education Reform Act of 1998 (7 U.S.C. 
     7633(b)(4)) is amended by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801))'' and inserting ``section 8101 of the Elementary and 
     Secondary Education Act of 1965)''.
       (h) Albert Einstein Distinguished Educator Fellowship Act 
     of 1994.--Each of paragraphs (1), (2), and (3) of section 514 
     of the Albert Einstein Distinguished Educator Fellowship Act 
     of 1994 (42 U.S.C. 7838b) are amended by striking ``section 
     9101 of the Elementary and Secondary Education Act of 1965'' 
     and inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''.
       (i) America COMPETES Act.--The America COMPETES Act (Public 
     Law 110-69) is amended as follows:
       (1) Section 6002(a) (20 U.S.C. 9802(a)) is amended by 
     striking ``section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).'' and inserting 
     ``section 8101 of the Elementary and Secondary Education Act 
     of 1965.''.
       (2) Section 6122 (20 U.S.C. 9832) is amended--
       (A) in paragraph (3), by striking ``The term `low-income 
     student' has the meaning given the term `low-income 
     individual' in section 1707(3) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6537(3)).'' and 
     inserting ``The term `low-income student' means an individual 
     who is determined by a State educational agency or local 
     educational agency to be a child ages 5 through 19, from a 
     low-income family, on the basis of data used by the Secretary 
     to determine allocations under section 1124 of the Elementary 
     and Secondary Education Act of 1965, data on

[[Page H8537]]

     children eligible for free or reduced-price lunches under the 
     Richard B. Russell National School Lunch Act, data on 
     children in families receiving assistance under part A of 
     title IV of the Social Security Act, or data on children 
     eligible to receive medical assistance under the Medicaid 
     program under title XIX of the Social Security Act, or 
     through an alternate method that combines or extrapolates 
     from those data.''; and
       (B) in paragraph (4), by striking ``The term `high 
     concentration of low-income students' has the meaning given 
     the term in section 1707(2) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6537(2)).'' and inserting 
     ``The term `high concentration of low-income students', used 
     with respect to a school, means a school that serves a 
     student population 40 percent or more of who are low-income 
     students.''.
       (3) Section 6123 (20 U.S.C. 9833) is amended--
       (A) in subsection (c), by striking ``the activities carried 
     out under section 1705 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6535).'' and inserting the 
     following: ``any activities carried out under section 4104 or 
     4107 of the Elementary and Secondary Education Act of 1965 
     that provide students access to accelerated learning programs 
     that provide--
       ``(1) postsecondary level courses accepted for credit at 
     institutions of higher education, including dual or 
     concurrent enrollment programs, and early college high 
     schools; or
       ``(2) postsecondary level instruction and examinations that 
     are accepted for credit at institutions of higher education, 
     including Advanced Placement and International Baccalaureate 
     programs.''; and
       (B) in subsection (j)(2)(B), by striking ``section 
     1111(h)(1)(C)(i) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i))'' and inserting 
     ``section 1111(b)(2)(B)(xi) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi))''.
       (4) Section 6401(e)(2)(D)(ii)(I) (20 U.S.C. 
     9871(e)(2)(D)(ii)(I)) is amended by striking ``yearly test 
     records of individual students with respect to assessments 
     under section 1111(b) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b))'' and inserting 
     ``yearly test records of individual students with respect to 
     assessments under section 1111(b)(2) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2))''.
       (5) Section 7001 (42 U.S.C. 1862o note) is amended--
       (A) in paragraph (4), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)'' and inserting ``section 8101 of the Elementary and 
     Secondary Education Act of 1965''; and
       (B) in paragraph (7), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)'' and inserting ``section 8101 of the Elementary and 
     Secondary Education Act of 1965''.
       (j) American History and Civics Education Act of 2004.--
     Section 2(d) of the American History and Civics Education Act 
     of 2004 (20 U.S.C. 6713 note) is amended by striking ``to 
     carry out part D of title V of the Elementary and Secondary 
     Education Act of 1965'' and inserting ``to carry out section 
     2232 of the Elementary and Secondary Education Act of 1965''.
       (k) Anti-Drug Abuse Act of 1988.--Section 3521(d)(8)(A) of 
     the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11841(d)(8)(A)) is 
     amended by striking ``education and instruction consistent 
     with title IV of the Elementary and Secondary Education Act 
     of 1965'' and inserting ``education and instruction 
     consistent with part A of title IV of the Elementary and 
     Secondary Education Act of 1965''.
       (l) Assets for Independence Act.--Section 404(11) of the 
     Assets for Independence Act (42 U.S.C. 604 note) is amended 
     by striking ``section 7207 of the Native Hawaiian Education 
     Act'' and inserting ``section 6207 of the Native Hawaiian 
     Education Act''.
       (m) Assistive Technology Act of 1998.--Section 
     4(c)(2)(B)(i)(V) of the Assistive Technology Act of 1998 (29 
     U.S.C. 3003(c)(2)(B)(i)(V)) is amended by striking ``section 
     9101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801)'' and inserting ``section 8101 of the 
     Elementary and Secondary Education Act of 1965''.
       (n) Carl D. Perkins Career and Technical Education Act of 
     2006.--The Carl D. Perkins Career and Technical Education Act 
     of 2006 (20 U.S.C. 2301 et seq.) is amended as follows:
       (1) Section 3 (20 U.S.C. 2302) is amended--
       (A) in paragraph (8), by striking ``section 5210 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 4310 of the Elementary and Secondary 
     Education Act of 1965'';
       (B) in paragraph (11), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965'';
       (C) in paragraph (19), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''; and
       (D) in paragraph (27), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''.
       (2) Section 8(e) (20 U.S.C. 2306a(e)) is amended by 
     striking ``section 1111(b)(1)(D) of the Elementary and 
     Secondary Education Act of 1965'' and inserting ``section 
     1111(b)(1) of the Elementary and Secondary Education Act of 
     1965''.
       (3) Section 113(b) (20 U.S.C. 2323(b)) is amended--
       (A) in paragraph (2)(A)--
       (i) by striking clause (i) and inserting the following:
       ``(i) Student attainment of the challenging State academic 
     standards, as adopted by a State in accordance with section 
     1111(b)(1) of the Elementary and Secondary Education Act of 
     1965 and measured by the State determined levels of 
     achievement on the academic assessments described in section 
     1111(b)(2) of such Act.''; and
       (ii) in clause (iv), by striking ``(as described in section 
     1111(b)(2)(C)(vi) of the Elementary and Secondary Education 
     Act of 1965)'' and inserting ``(as described in section 
     1111(c)(4)(A)(i)(I)(bb) of the Elementary and Secondary 
     Education Act of 1965)''; and
       (B) in paragraph (4)(C)(ii)(I), by striking ``categories'' 
     and inserting ``subgroups''.
       (4) Section 114(d)(4)(A)(iii)(I)(aa) (20 U.S.C. 
     2324(d)(4)(A)(iii)(I)(aa)) is amended by striking 
     ``integrating those programs with academic content standards 
     and student academic achievement standards, as adopted by 
     States under section 1111(b)(1) of the Elementary and 
     Secondary Education Act of 1965;'' and inserting the 
     following: ``integrating those programs with challenging 
     State academic standards, as adopted by States under section 
     1111(b)(1) of the Elementary and Secondary Education Act of 
     1965;''.
       (5) Section 116(a)(5) (20 U.S.C. 2326(a)(5)) is amended by 
     striking ``section 7207 of the Native Hawaiian Education Act 
     (20 U.S.C. 7517)'' and inserting ``section 6207 of the Native 
     Hawaiian Education Act''.
       (6) Section 122(c)(20 U.S.C. 2342(c)) is amended--
       (A) in paragraph (1)(I)(i), by striking ``aligned with 
     rigorous and challenging academic content standards and 
     student academic achievement standards adopted by the State 
     under section 1111(b)(1) of the Elementary and Secondary 
     Education Act of 1965'' and inserting ``aligned with 
     challenging State academic standards adopted by the State 
     under section 1111(b)(1) of the Elementary and Secondary 
     Education Act of 1965''; and
       (B) in paragraph (7)(A)(i), by striking ``the core academic 
     subjects (as defined in section 9101 of the Elementary and 
     Secondary Education Act of 1965)'' and inserting ``a well-
     rounded education (as defined in section 8101 of the 
     Elementary and Secondary Education Act of 1965)''.
       (7) Section 124(b)(4)(A) (20 U.S.C. 2344(b)(4)(A)) is 
     amended in paragraph (4)(A), by striking ``the core academic 
     subjects (as defined in section 9101 of the Elementary and 
     Secondary Education Act of 1965)'' and inserting ``a well-
     rounded education (as defined in section 8101 of the 
     Elementary and Secondary Education Act of 1965)''.
       (8) Section 134(b)(3) (20 U.S.C. 2354(b)(3)) is amended--
       (A) in subparagraph (B)(i), by striking ``the core academic 
     subjects (as defined in section 9101 of the Elementary and 
     Secondary Education Act of 1965)'' and inserting ``a well-
     rounded education (as defined in section 8101 of the 
     Elementary and Secondary Education Act of 1965)''; and
       (B) in subparagraph (E), by striking ``in core academic 
     subjects (as defined in section 9101 of the Elementary and 
     Secondary Education Act of 1965)'' and inserting ``in order 
     to provide a well-rounded education (as defined in section 
     8101 of the Elementary and Secondary Education Act of 
     1965)''.
       (9) Section 135(b)(1)(A) (20 U.S.C. 2355(b)(1)(A)) is 
     amended by striking ``the core academic subjects (as defined 
     in section 9101 of the Elementary and Secondary Education Act 
     of 1965)'' and inserting ``a well-rounded education (as 
     defined in section 8101 of the Elementary and Secondary 
     Education Act of 1965)''.
       (10) Section 203(c)(2)(D) (20 U.S.C. 2373(c)(2)(D)) is 
     amended by striking ``in core academic subjects (as defined 
     in section 9101 of the Elementary and Secondary Education Act 
     of 1965)'' and inserting ``as part of a well-rounded 
     education (as defined in section 8101 of the Elementary and 
     Secondary Education Act of 1965)''.
       (o) Child Abuse Prevention and Treatment Act.--Section 
     111(3) of the Child Abuse Prevention and Treatment Act (42 
     U.S.C. 5106g(3)) is amended by striking ``section 7207 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7517);'' and inserting ``section 6207 of the Elementary and 
     Secondary Education Act of 1965;''.
       (p) Child Care and Development Block Grant Act of 1990.--
     The Child Care and Development Block Grant Act of 1990 (42 
     U.S.C. 9858 et seq.) is amended as follows:
       (1) Section 658E(c)(2)(G)(ii)(V)(dd) (42 U.S.C. 
     9858c(c)(2)(G)(ii)(V)(dd)) is amended by striking ``(as 
     defined in section 7207 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7517))'' and inserting ``(as 
     defined in section 6207 of the Elementary and Secondary 
     Education Act of 1965)''.
       (2) Section 658P(5) (42 U.S.C. 9858n(5)) is amended by 
     striking ``an individual who is limited English proficient, 
     as defined in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801) or section 637 of the 
     Head Start Act (42 U.S.C. 9832)'' and inserting ``an 
     individual who is an English learner, as defined in section 
     8101 of the Elementary and Secondary Education Act of 1965, 
     or who is limited English proficient, as defined in section 
     637 of the Head Start Act (42 U.S.C. 9832)''.
       (q) Children's Internet Protection Act.--Section 1721(g) of 
     the Children's Internet Protection Act (20 U.S.C. 9134 note; 
     114 Stat. 2763A-350), as enacted into law by section 1(a)(4) 
     of the Consolidated Appropriations Act, 2001 (Public Law 106-
     554; 114 Stat. 2763), is amended by striking 
     ``Notwithstanding any other provision of law, funds available 
     under section 3134 or part A of title VI of the Elementary 
     and Secondary Education Act of 1965, or under section 231 of 
     the Library Services and Technology Act, may be used for the 
     purchase or acquisition of technology protection measures 
     that are necessary to meet the requirements of this title and 
     the amendments made by this title.'' and inserting 
     ``Notwithstanding any other provision of

[[Page H8538]]

     law, funds available under part B of title I of the 
     Elementary and Secondary Education Act of 1965, or under 
     section 231 of the Library Services and Technology Act, may 
     be used for the purchase or acquisition of technology 
     protection measures that are necessary to meet the 
     requirements of this title and the amendments made by this 
     title.''.
       (r) Civil Rights Act of 1964.--Section 606(2)(B) of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000d-4a(2)(B)) is 
     amended by striking ``a local educational agency (as defined 
     in section 9101 of the Elementary and Secondary Education Act 
     of 1965),'' and inserting ``a local educational agency (as 
     defined in section 8101 of the Elementary and Secondary 
     Education Act of 1965),''.
       (s) Communications Act of 1934.--Section 254(h) of the 
     Communications Act of 1934 (47 U.S.C. 254(h)) is amended--
       (1) in paragraph (5)(A)(iii), by striking ``an elementary 
     or secondary school as defined in section 14101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801)'' and inserting ``an elementary school or a secondary 
     school as defined in section 8101 of the Elementary and 
     Secondary Education Act of 1965''; and
       (2) in paragraph (7)(A), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''.
       (t) Community Services Block Grant Act.--Section 682(b)(4) 
     of the Community Services Block Grant Act (42 U.S.C. 
     9923(b)(4)) is amended by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965)'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965)''.
       (u) Congressional Award Act.--Section 203(3)(A) of the 
     Congressional Award Act (2 U.S.C. 812(3)(A)) is amended by 
     striking ``section 14101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8801)'' and inserting 
     ``section 8101 of the Elementary and Secondary Education Act 
     of 1965''.
       (v) Department of Education Organization Act.--Section 
     215(b)(2)(A) of the Department of Education Organization Act 
     (20 U.S.C. 3423c) is amended by striking ``be responsible for 
     administering this title'' and inserting ``be responsible for 
     administering part A of title VI of the Elementary and 
     Secondary Education Act of 1965''.
       (w) Department of Energy Science Education Enhancement 
     Act.--Section 3181(a)(1) of the Department of Energy Science 
     Education Enhancement Act (42 U.S.C. 7381l(a)(1)) is amended 
     by striking ``with a high concentration of low-income 
     individuals (as defined in section 1707 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6537))'' and 
     inserting ``in which 40 percent or more of the students 
     attending the school are children from low-income families''.
       (x) Department of Transportation and Related Agencies 
     Appropriations Act, 2001.--Section 303 of the Department of 
     Transportation and Related Agencies Appropriations Act, 2001, 
     (49 U.S.C. 106 note; 114 Stat. 1356A-23), as enacted into law 
     by section 101(a) of the Act entitled ``An Act making 
     appropriations for the Department of Transportation and 
     related agencies for the fiscal year ending September, 30, 
     2001, and for other purposes'', approved October 23, 2000 
     (Public Law 106-346; 114 Stat. 1356), is amended by striking 
     ``except as otherwise authorized by title VIII of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7701 et seq.), for expenses of primary and secondary 
     schooling for dependents of Federal Aviation Administration 
     personnel stationed outside the continental United States at 
     costs for any given area not in excess of those of the 
     Department of Defense for the same area, when it is 
     determined by the Secretary that the schools, if any, 
     available in the locality are unable to provide adequately 
     for the education of such dependents;'' and inserting 
     ``except as otherwise authorized by title VII of the 
     Elementary and Secondary Education Act of 1965, for expenses 
     of primary and secondary schooling for dependents of Federal 
     Aviation Administration personnel stationed outside the 
     continental United States at costs for any given area not in 
     excess of those of the Department of Defense for the same 
     area, when it is determined by the Secretary that the 
     schools, if any, available in the locality are unable to 
     provide adequately for the education of such dependents;''.
       (y) District of Columbia College Access Act of 1999.--
     Section 3(c)(5) of the District of Columbia College Access 
     Act of 1999 (sec. 38-2702(c)(5), D.C. Official Code) is 
     amended by striking ``section 14101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8801)'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''.
       (z) District of Columbia School Reform Act of 1995.--
     Section 2210(a) of the District of Columbia School Reform Act 
     of 1995 (sec. 38-1802.10(a), D.C. Official Code) is amended 
     by striking paragraph (6) and inserting the following:
       ``(6) Inapplicability of certain esea provisions.--The 
     following provisions of the Elementary and Secondary 
     Education Act of 1965 shall not apply to a public charter 
     school:
       ``(A) Paragraph (4) of section 1112(b) and paragraph (1) of 
     section 1112(c).
       ``(B) Section 1113.
       ``(C) Subsections (d) and (e) of section 1116.
       ``(D) Section 1117.
       ``(E) Subsections (c) and (e) of section 1118.''.
       (aa) Earthquake Hazards.--Section 2(c)(1)(A) of the Act 
     entitled ``An Act to authorize appropriations for carrying 
     out the Earthquake Hazards Reduction Act of 1977 for fiscal 
     years 1998 and 1999, and for other purposes'', approved 
     October 1, 1997 (42 U.S.C. 7704 note) is amended by striking 
     ``section 9101 of the Elementary and Secondary Education Act 
     of 1965'' and inserting ``section 8101 of the Elementary and 
     Secondary Education Act of 1965''.
       (bb) Education Amendments of 1972.--Section 908(2)(B) of 
     the Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is 
     amended by striking ``9101 of the Elementary and Secondary 
     Education Act of 1965), system of vocational education, or 
     other school system;'' and inserting ``section 8101 of the 
     Elementary and Secondary Education Act of 1965), system of 
     vocational education, or other school system;''.
       (cc) Education Amendments of 1978.--Part B of title XI of 
     the Education Amendments of 1978 (25 U.S.C. 2000 et seq.) is 
     amended as follows:
       (1) Section 1139(e) (25 U.S.C. 2019(e)) is amended by 
     striking ``part B of title I of the Elementary and Secondary 
     Education Act of 1965'' and inserting ``subpart 2 of part B 
     of title II of the Elementary and Secondary Education Act of 
     1965''.
       (2) Section 1141(9) (25 U.S.C. 2021(9)) is amended by 
     striking ``the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 8801)'' and inserting ``the Elementary and 
     Secondary Education Act of 1965''.
       (dd) Education for Economic Security Act.--The Education 
     for Economic Security Act (20 U.S.C. 3901 et seq.) is amended 
     as follows:
       (1) Section 3 (20 U.S.C. 3902) is amended--
       (A) in paragraph (3), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965.'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965.'';
       (B) in paragraph (7), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965'';
       (C) in paragraph (8), by striking ``section 198(a)(7) of 
     the Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''; and
       (D) in paragraph (12), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965.'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965.''.
       (2) Section 511 (20 U.S.C. 4020) is amended--
       (A) by striking subparagraph (A) of paragraph (4) and 
     inserting the following:
       ``(A) any local educational agency as defined in section 
     8101 of the Elementary and Secondary Education Act of 1965; 
     and''; and
       (B) by striking subparagraph (A) of paragraph (5) and 
     inserting the following:
       ``(A) any elementary school or secondary school as defined 
     in section 8101 of the Elementary and Secondary Education Act 
     of 1965 owned and operated by one or more nonprofit 
     corporations or associations no part of the net earnings of 
     which inures, or may lawfully inure, to the benefit of any 
     private shareholder or individual; and''.
       (ee) Education of the Deaf Act of 1986.--Section 104(b)(5) 
     of the Education of the Deaf Act of 1986 (20 U.S.C. 
     4304(b)(5)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by striking ``select challenging 
     academic content standards, challenging student academic 
     achievement standards, and academic assessments of a State, 
     adopted and implemented, as appropriate, pursuant to 
     paragraphs (1) and (3) of section 1111(b) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1) and 
     (3))'' and inserting ``select challenging State academic 
     content standards, aligned academic achievement standards, 
     and State academic assessments of a State, adopted and 
     implemented, as appropriate, pursuant to paragraphs (1) and 
     (2) of section 1111(b) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(1) and (2))''; and
       (B) in clause (ii), by striking ``2009-2010 academic year'' 
     and inserting ``2016-2017 academic year'';
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) adopt the accountability system, consistent with 
     section 1111(c) of such Act, of the State from which 
     standards and assessments are selected under subparagraph 
     (A)(i); and''; and
       (3) in subparagraph (C), by striking ``whether the programs 
     at the Clerc Center are making adequate yearly progress'' and 
     inserting ``the results of the annual evaluation of the 
     programs at the Clerc Center''.
       (ff) Education Sciences Reform Act of 2002.--The Education 
     Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.) is 
     amended as follows:
       (1) Paragraph (1) of section 102 (20 U.S.C. 9501) is 
     amended to read as follows:
       ``(1)(A) In general.--The terms `elementary school', 
     `secondary school', `local educational agency', and `State 
     educational agency' have the meanings given those terms in 
     section 8101 of the Elementary and Secondary Education Act of 
     1965.
       ``(B) Outlying areas.--The term `outlying areas' has the 
     meaning given such term in section 1121(c) of such Act.
       ``(C) Freely associated states.--The term `freely 
     associated states' means the Republic of the Marshall 
     Islands, the Federated States of Micronesia, and the Republic 
     of Palau.''.
       (2) Section 173(b) (20 U.S.C. 9563(b)) is amended by 
     striking ``part E of title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6491 et seq.)'' and 
     inserting ``section 8601 of the Elementary and Secondary 
     Education Act of 1965''.
       (gg) Educational Technical Assistance Act of 2002.--The 
     Educational Technical Assistance Act of 2002 (20 U.S.C. 9601 
     et seq.) is amended as follows:
       (1) Section 202 (20 U.S.C. 9601) is amended by striking 
     ``section 9101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801)'' and inserting ``section 8101 of 
     the Elementary and Secondary Education Act of 1965''.

[[Page H8539]]

       (2) Section 203 (20 U.S.C. 9602) is amended--
       (A) in subsection (a)(2)(B), by striking ``the number of 
     schools identified for school improvement (as described in 
     section 1116(b) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6316(b))'' and inserting ``the number of 
     schools implementing comprehensive support and improvement 
     activities and targeted support and improvement activities 
     under section 1111(d) of the Elementary and Secondary 
     Education Act of 1965'';
       (B) in subsection (e)(3), by striking ``schools in the 
     region that have been identified for school improvement under 
     section 1116(b) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6316(b))'' and inserting ``schools in the 
     region that are implementing comprehensive support and 
     improvement activities or targeted support and improvement 
     activities under section 1111(d) of the Elementary and 
     Secondary Education Act of 1965''; and
       (C) in subsection (f)(1)(B), by striking ``and encouraging 
     and sustaining school improvement (as described in section 
     1116(b) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6316(b)))'' and inserting ``, and particularly 
     assisting those schools implementing comprehensive support 
     and improvement and targeted support and improvement 
     activities under section 1111(d) of the Elementary and 
     Secondary Education Act of 1965,''.
       (hh) Family and Medical Leave Act of 1993.--Section 
     108(a)(1)(A) of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2618(a)(1)(A)) is amended by striking ``section 9101 
     of the Elementary and Secondary Education Act of 1965)'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965)''.
       (ii) Family Violence Prevention and Services Act.--Section 
     302(6) of the Family Violence Prevention and Services Act (42 
     U.S.C. 10402(6)) is amended by striking ``section 7207 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7517).'' and inserting ``section 6207 of the Elementary and 
     Secondary Education Act of 1965.''.
       (jj) FDA Food Safety Modernization Act.--Section 112(a)(2) 
     of the FDA Food Safety Modernization Act (21 U.S.C. 
     2205(a)(2)) is amended by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 
     7801)'' and inserting ``section 8101 of the Elementary and 
     Secondary Education Act of 1965''.
       (kk) Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001.--Section 363 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (20 
     U.S.C. 7703a) is amended--
       (1) in subsection (a), by striking ``subparagraph (A)(ii), 
     (B), (D)(i) or (D)(ii) of section 8003(a)(1) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7703(a)(1))'' and inserting ``subparagraph (A)(ii) or (B), or 
     clause (i) or (ii) of subparagraph (D), of section 
     7003(a)(1)''; and
       (2) in subsection (g), by striking ``section 8013(9) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7713(9)).'' and inserting ``section 7013 of the Elementary 
     and Secondary Education Act of 1965.''.
       (ll) Food and Agriculture Act of 1977.--Section 
     1417(j)(1)(B) of the Food and Agriculture Act of 1977 (7 
     U.S.C. 3152(j)(1)(B)) is amended by striking ``section 9101 
     of the Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''.
       (mm) General Education Provisions Act.--The General 
     Education Provisions Act (20 U.S.C. 1221 et seq.) is amended 
     as follows:
       (1) Section 425(6) (20 U.S.C. 1226c(6)) is amended by 
     striking ``section 9601 of the Elementary and Secondary 
     Education Act of 1965'' and inserting ``section 8601 of the 
     Elementary and Secondary Education Act of 1965''.
       (2) Section 426 (20 U.S.C. 1228) is amended by striking 
     ``title VIII of the Elementary and Secondary Education Act of 
     1965, but not including any portion of such funds as are 
     attributable to children counted under section 8003(d) of 
     such Act or residing on property described in section 
     8013(10) of such Act.'' and inserting ``title VII of the 
     Elementary and Secondary Education Act of 1965, but not 
     including any portion of such funds as are attributable to 
     children counted under section 7003(d) of such Act or 
     residing on property described in section 7013(10) of such 
     Act.''.
       (3) Section 429(d)(2)(B)(i) (20 U.S.C. 1228c(d)(2)(B)(i)) 
     is amended by striking ``an elementary or secondary school as 
     defined by the Elementary and Secondary Education Act of 
     1965'' and inserting ``an elementary or secondary school (as 
     defined by the terms `elementary school' and `secondary 
     school' in section 8101 of the Elementary and Secondary 
     Education Act of 1965)''.
       (4) Section 441(a) (20 U.S.C. 1232d(a)) is amended by 
     striking ``part C of title V of the Elementary and Secondary 
     Education Act of 1965) to the Secretary a general 
     application'' and inserting ``part D of title IV of the 
     Elementary and Secondary Education Act of 1965) to the 
     Secretary a general application''.
       (5) Section 445(c)(5)(D) (20 U.S.C. 1232h(c)(5)(D)) is 
     amended by striking ``part A of title V'' and inserting 
     ``part A of title IV''.
       (nn) Head Start Act.--The Head Start Act (42 U.S.C. 9831 et 
     seq.) is amended as follows:
       (1) Section 637 (42 U.S.C. 9832) is amended--
       (A) in the paragraph relating to a delegate agency, by 
     striking ``section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801)'' and inserting 
     ``section 8101 of the Elementary and Secondary Education Act 
     of 1965''; and
       (B) in subparagraph (A)(ii)(I) of the paragraph relating to 
     limited English proficient, by striking ``(as defined in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801)), an Alaska Native, or a native 
     resident of an outlying area (as defined in such section 
     9101);'' and inserting ``(as defined in section 8101 of the 
     Elementary and Secondary Education Act of 1965), an Alaska 
     Native, or a native resident of an outlying area (as defined 
     in such section 8101);''.
       (2) Section 641(d)(2) (42 U.S.C. 9836(d)(2)) is amended--
       (A) in subparagraph (H)--
       (i) by striking clause (i);
       (ii) by redesignating clauses (ii) through (vii) as clauses 
     (i) through (vi), respectively; and
       (iii) in clause (i) (as so redesignated)--

       (I) by striking ``other''; and
       (II) by striking ``that Act'' and inserting ``the 
     Elementary and Secondary Education Act of 1965''; and

       (B) in subparagraph (J)(iii), by striking ``, such as 
     entities carrying out Even Start programs under subpart 3 of 
     part B of title I of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6381 et seq.)''.
       (3) Section 642 (42 U.S.C. 9837) is amended--
       (A) in subsection (b)(4), by striking ``, such as entities 
     carrying out Even Start programs under subpart 3 of part B of 
     title I of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6381 et seq.)''; and
       (B) in subsection (e)(3), by striking ``Even Start programs 
     under subpart 3 of part B of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.),''.
       (4) Section 642A(a) (42 U.S.C. 9837a(a)) is amended--
       (A) in paragraph (7)(B), by striking ``the information 
     provided to parents of limited English proficient children 
     under section 3302 of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7012)'' and inserting ``the 
     information provided to parents of English learners under 
     section 1112(e)(3) of the Elementary and Secondary Education 
     Act of the 1965''; and
       (B) in paragraph (8), by striking ``parental involvement 
     efforts under title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.)'' and 
     inserting ``parent and family engagement efforts under title 
     I of the Elementary and Secondary Education Act of 1965''.
       (5) Section 648(a)(3)(A)(iii) (42 U.S.C. 
     9843(a)(3)(A)(iii)) is amended by striking ``, and for 
     activities described in section 1222(d) of the Elementary and 
     Secondary Education Act of 1965),''.
       (6) Section 657B(c)(1)(B)(vi) (42 U.S.C. 
     9852b(c)(1)(B)(vi)) is amended--
       (A) by striking subclause (III);
       (B) by redesignating subclauses (IV) through (VII) as 
     subclauses (III) through (VI), respectively; and
       (C) in subclause (III) (as so redesignated)--
       (i) by striking ``other''; and
       (ii) by striking ``that Act'' and inserting ``the 
     Elementary and Secondary Education Act of 1965''.
       (oo) Higher Education Act of 1965.--The Higher Education 
     Act of 1965 (20 U.S.C. 1001 et seq.) is amended as follows:
       (1) Section 103 (20 U.S.C. 1003) is amended--
       (A) in paragraph (9), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965'';
       (B) in paragraph (10), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965'';
       (C) in paragraph (11), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965'';
       (D) in paragraph (16), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''; and
       (E) in paragraph (21), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''.
       (2) Section 200 (20 U.S.C. 1021) is amended--
       (A) in paragraph (3), by striking ``The term `core academic 
     subjects' has the meaning given the term in section 9101 of 
     the Elementary and Secondary Education Act of 1965'' and 
     inserting ``The term `core academic subjects' means English, 
     reading or language arts, mathematics, science, foreign 
     languages, civics and government, economics, arts, history, 
     and geography'';
       (B) in paragraph (5), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965'';
       (C) in paragraph (6)(B), by striking ``section 5210 of the 
     Elementary and Secondary Education Act of 1965)'' and 
     inserting ``section 4310 of the Elementary and Secondary 
     Education Act of 1965)'';
       (D) by striking paragraph (7) and inserting the following:
       ``(7) Essential components of reading instruction.--The 
     term `essential components of reading instruction' has the 
     meaning given the term in section 1208 of the Elementary and 
     Secondary Education Act of 1965 as such section was in effect 
     on the day before the date of enactment of the Every Student 
     Succeeds Act.'';
       (E) by striking paragraph (8) and inserting the following:
       ``(8) Exemplary teacher.--The term `exemplary teacher' has 
     the meaning given the term in section 9101 of the Elementary 
     and Secondary Education Act of 1965 as such section was in 
     effect on the day before the date of enactment of the Every 
     Student Succeeds Act.'';
       (F) in paragraph (10)(A)--
       (i) in clause (iii), by striking ``section 6211(b) of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 5211(b) of the Elementary and Secondary 
     Education Act of 1965''; and

[[Page H8540]]

       (ii) in clause (iv), by striking ``section 6221(b) of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 5221(b) of the Elementary and Secondary 
     Education Act of 1965'';
       (G) in paragraph (15), by striking ``The term `limited 
     English proficient' has the meaning given the term in section 
     9101 of the Elementary and Secondary Education Act of 1965.'' 
     and inserting ``The term `limited English proficient' has the 
     meaning given the term `English learner' in section 8101 of 
     the Elementary and Secondary Education Act of 1965.'';
       (H) in paragraph (16), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''; and
       (I) in paragraph (19), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965.'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965.''.
       (3) Section 202 (20 U.S.C. 1022a) is amended in subsection 
     (b)(6)(E)(ii), by striking ``student academic achievement 
     standards and academic content standards under section 
     1111(b)(1) of the Elementary and Secondary Education Act of 
     1965,'' and inserting ``challenging State academic standards 
     under section 1111(b)(1) of the Elementary and Secondary 
     Education Act of 1965,''.
       (4) Section 205(b)(1)(C) (20 U.S.C. 1022d(b)(1)(C)) is 
     amended by striking ``are aligned with the State's 
     challenging academic content standards required under section 
     1111(b)(1) of the Elementary and Secondary Education Act of 
     1965'' and inserting ``are aligned with the challenging State 
     academic standards required under section 1111(b)(1) of the 
     Elementary and Secondary Education Act of 1965''.
       (5) Section 241 (20 U.S.C. 1033)) is amended by striking 
     paragraph (2) and inserting the following:
       ``(2) Scientifically based reading research.--The term 
     `scientifically based reading research'--
       ``(A) means research that applies rigorous, systemic, and 
     objective procedures to obtain valid knowledge relevant to 
     reading development, reading instruction, and reading 
     difficulties; and
       ``(B) includes research that--
       ``(i) employs systemic, empirical methods that draw on 
     observation or experiment;
       ``(ii) involves rigorous data analyses that are adequate to 
     test the stated hypotheses and justify the general 
     conclusions drawn;
       ``(iii) relies on measurements or observational methods 
     that provide valid data across evaluators and observers and 
     across multiple measurements and observations; and
       ``(iv) has been accepted by a peer-reviewed journal or 
     approved by a panel of independent experts through a 
     comparably rigorous, objective, and scientific review.''.
       (6) Section 317(b) (20 U.S.C. 1059d(b)) is amended--
       (A) in paragraph (1), by striking ``section 7306 of the 
     Elementary and Secondary Education Act of 1965;'' and 
     inserting ``section 6306 of the Elementary and Secondary 
     Education Act of 1965;''; and
       (B) in paragraph (3), by striking ``section 7207 of the 
     Elementary and Secondary Education Act of 1965; and'' and 
     inserting ``section 6207 of the Elementary and Secondary 
     Education Act of 1965; and''.
       (7) Section 402E(d)(2) (20 U.S.C. 1070a-15(d)(2)) is 
     amended--
       (A) in subparagraph (A), by striking ``Alaska Natives, as 
     defined in section 7306 of the Elementary and Secondary 
     Education Act of 1965;'' and inserting ``Alaska Natives, as 
     defined in section 6306 of the Elementary and Secondary 
     Education Act of 1965;''; and
       (B) in subparagraph (B), by striking ``Native Hawaiians, as 
     defined in section 7207 of such Act'' and inserting ``Native 
     Hawaiians, as defined in section 6207 of such Act''.
       (8) Section 428K (20 U.S.C. 1078-11) is amended in 
     subsection (b)--
       (A) in paragraph (5)(B)(iv), by striking ``section 9101 of 
     the Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''; and
       (B) by striking paragraph (8) and inserting the following:
       ``(8) School counselors.--The individual--
       ``(A) is employed full-time as a school counselor who has 
     documented competence in counseling children and adolescents 
     in a school setting and who--
       ``(i) is licensed by the State or certified by an 
     independent professional regulatory authority;
       ``(ii) in the absence of such State licensure or 
     certification, possesses national certification in school 
     counseling or a specialty of counseling granted by an 
     independent professional organization; or
       ``(iii) holds a minimum of a master's degree in school 
     counseling from a program accredited by the Council for 
     Accreditation of Counseling and Related Educational Programs 
     or the equivalent; and
       ``(B) is so employed in a school that qualifies under 
     section 465(a)(2)(A) for loan cancellation for Perkins loan 
     recipients who teach in such a school.''.
       (9) Section 469(a) (20 U.S.C. 1087ii(a)) is amended by 
     striking ``eligible to be counted under title I of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``eligible to be counted under section 1124(c) of 
     the Elementary and Secondary Education Act of 1965''.
       (10) Section 481(f) (20 U.S.C. 1088(f)) is amended by 
     striking ``section 9101 of the Elementary and Secondary 
     Education Act of 1965'' and inserting ``section 8101 of the 
     Elementary and Secondary Education Act of 1965''.
       (11) Section 819(b) (20 U.S.C. 1161j) is amended--
       (A) in paragraph (1), by striking ``section 7306 of the 
     Elementary and Secondary Education Act of 1965.'' and 
     inserting ``section 6306 of the Elementary and Secondary 
     Education Act of 1965.''; and
       (B) in paragraph (4), by striking ``section 7207 of the 
     Elementary and Secondary Education Act of 1965.'' and 
     inserting ``section 6207 of the Elementary and Secondary 
     Education Act of 1965.''.
       (12) Section 861(c)(2)(A) (20 U.S.C. 1161q(c)(2)(A)) is 
     amended by striking ``section 9101 of the Elementary and 
     Secondary Education Act of 1965)'' and inserting ``section 
     8101 of the Elementary and Secondary Education Act of 
     1965)''.
       (pp) Impact Aid Improvement Act of 2012.--Section 563(c)(1) 
     of the National Defense Authorization Act for Fiscal Year 
     2013 (Public Law 112-239; 126 Stat. 1748; 20 U.S.C. 7702 
     note) as amended by section 7001(a), is further amended by 
     striking ``Notwithstanding section 8005(d) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7705(d)), 
     subsection (b)(1), and the amendments made by subsection 
     (b)(1), shall take effect with respect to applications 
     submitted under section 8002 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7702) for fiscal year 
     2010.'' and inserting ``With respect to applications 
     submitted under section 8002 of the Elementary and Secondary 
     Education Act of 1965, as such section was in effect on the 
     day before the date of enactment of the Every Student 
     Succeeds Act, for fiscal year 2010, title VIII of the 
     Elementary and Secondary Education Act of 1965 (including the 
     amendments made by subsection (b)(1)), as in effect on such 
     date, and subsection (b)(1) shall take effect with respect to 
     such applications, notwithstanding section 8005(d) of such 
     Act, as in effect on such date.''.
       (qq) Indian Health Care Improvement Act.--Section 
     726(b)(3)(D)(iii) of the Indian Health Care Improvement Act 
     (25 U.S.C. 1667e(b)(3)(D)(iii)) is amended by striking ``a 
     school receiving payments under section 8002 or 8003 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7702, 7703).'' and inserting ``a school receiving payments 
     under section 7002 or 7003 of the Elementary and Secondary 
     Education Act of 1965.''.
       (rr) Indian Self-Determination and Education Assistance 
     Act.--Section 209 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 458e) is amended by 
     striking ``assistance provided under title IX of the 
     Elementary and Secondary Education Act of 1965.'' and 
     inserting ``assistance provided under title VI of the 
     Elementary and Secondary Education Act of 1965.''.
       (ss) Individuals With Disabilities Education Act.--The 
     Individuals with Disabilities Education Act is amended as 
     follows:
       (1) Section 602 (20 U.S.C. 1401) is amended--
       (A) by striking paragraph (4);
       (B) in paragraph (8)(a)(3), by striking ``under parts A and 
     B of title III of that Act'' and inserting ``under part A of 
     title III of that Act''; and
       (C) by striking paragraph (18) and inserting the following:
       ``(18) Limited english proficient.--The term `limited 
     English proficient' has the meaning given the term `English 
     learner' in section 8101 of the Elementary and Secondary 
     Education Act of 1965.''.
       (2) Section 611(e) (20 U.S.C. 1411(e)) is amended--
       (A) in paragraph (2)(C)--
       (i) in clause (x), by striking ``6111 of the Elementary and 
     Secondary Education Act of 1965'' and inserting ``1201 of the 
     Elementary and Secondary Education Act of 1965''; and
       (ii) in clause (xi)--

       (I) by striking ``including supplemental educational 
     services as defined in 1116(e) of the Elementary and 
     Secondary Education Act of 1965 to children with 
     disabilities, in schools or local educational agencies 
     identified for improvement under section 1116 of the 
     Elementary and Secondary Education Act of 1965 on the sole 
     basis of the assessment results of the disaggregated subgroup 
     of children with disabilities'' and inserting ``including 
     direct student services described in section 1003A(c)(3) of 
     the Elementary and Secondary Education Act of 1965 to 
     children with disabilities, to schools or local educational 
     agencies implementing comprehensive support and improvement 
     activities or targeted support and improvement activities 
     under section 1111(d) of the Elementary and Secondary 
     Education Act of 1965 on the basis of consistent 
     underperformance of the disaggregated subgroup of children 
     with disabilities''; and
       (II) by striking ``to meet or exceed the objectives 
     established by the State under section 1111(b)(2)(G) the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``based on the challenging academic standards 
     described in section 1111(b)(1) of such Act''; and

       (B) in paragraph (3)(C)(ii)(I)(bb), by striking ``section 
     9101'' and inserting ``section 8101''.
       (3) Section 612(a) (20 U.S.C. 1412(a)) is amended--
       (A) in paragraph (15)--
       (i) in subparagraph (A), by striking clause (ii) and 
     inserting the following:
       ``(ii) are the same as the State's long-term goals and 
     measurements of interim progress for children with 
     disabilities under section 1111(c)(4)(A)(i) of the Elementary 
     and Secondary Education Act of 1965;'';
       (ii) in subparagraph (B), by striking ``including 
     measurable annual objectives for progress by children with 
     disabilities under section 1111(b)(2)(C)(v)(II)'' and 
     inserting ``including measurements of interim progress for 
     children with disabilities under section 1111(c)(4)(A)(i)''; 
     and
       (B) in paragraph (16)(C)(ii)--

[[Page H8541]]

       (i) in subclause (I), by striking ``State's challenging 
     academic content standards and challenging student academic 
     achievement standards'' and inserting ``challenging State 
     academic content standards under section 1111(b)(1) of the 
     Elementary and Secondary Education Act of 1965 and alternate 
     academic achievement standards under section 1111(b)(1)(E) of 
     such Act''; and
       (ii) in subclause (II), by striking ``the regulations 
     promulgated to carry out section 1111(b)(1) of the Elementary 
     and Secondary Education Act of 1965,'' and inserting 
     ``section 1111(b)(1)(E) of the Elementary and Secondary 
     Education Act of 1965,''.
       (4) Section 613(a) (20 U.S.C. 1413(a)) is amended in 
     paragraph (3), by striking ``subject to the requirements of 
     section 612(a)(14) and section 2122 of the Elementary and 
     Secondary Education Act of 1965'' and inserting ``subject to 
     the requirements of section 612(a)(14) and section 2102(b) of 
     the Elementary and Secondary Education Act of 1965''.
       (5) Section 614(b)(5)(A) (20 U.S.C. 1414(b)(5)(A)) is 
     amended by inserting ``, as such section was in effect on the 
     day before the date of enactment of the Every Student 
     Succeeds Act'' after ``1965''.
       (6) Section 651(c)(5)(E) (20 U.S.C. 1451(c)(5)(E)) is 
     amended by striking ``and 2112,'' and inserting ``and 
     2101(d)''.
       (7) Section 653(b)(3) (20 U.S.C. 1453(b)(3)) is amended by 
     striking ``and 2112,'' and inserting ``and 2101(d),''.
       (8) Section 654 (20 U.S.C. 1454) is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)(B), by striking ``challenging State 
     student academic achievement and functional standards and 
     with the requirements for professional development, as 
     defined in section 9101 of the Elementary and Secondary 
     Education Act of 1965'' and inserting ``challenging State 
     academic achievement standards and with the requirements for 
     professional development, as defined in section 8101 of such 
     Act''; and
       (ii) in paragraph (5)(A), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''; and
       (B) in subsection (b)(10), by inserting ``(as such section 
     was in effect on the day before the date of enactment of the 
     Every Student Succeeds Act)'' after ``1965''.
       (9) Section 662(b)(2)(A)(viii) (20 U.S.C. 
     1462(b)(2)(A)(viii)) is amended by striking ``section 
     7113(d)(1)(A)(ii)'' and inserting ``section 
     6113(d)(1)(A)(ii)''.
       (10) Section 663(b)(2) (20 U.S.C. 1463(b)(2)) is amended by 
     striking and inserting the following:
       ``(2) improving the alignment, compatibility, and 
     development of valid and reliable assessments and alternate 
     assessments for assessing student academic achievement, as 
     described under section 1111(b)(2) of the Elementary and 
     Secondary Education Act of 1965;''.
       (11) Section 681(d)(3)(K) (20 U.S.C. 1481(d)(3)(K)) is 
     amended by striking ``payments under title VIII of the 
     Elementary and Secondary Education Act of 1965;'' and 
     inserting ``payments under title VII of the Elementary and 
     Secondary Education Act of 1965;''.
       (tt) National Security Act of 1947.--Section 1015(2)(A) of 
     the National Security Act of 1947 (50 U.S.C. 441j-4(2)(A)) is 
     amended by striking ``section 9101(26) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801(26)));'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965);''.
       (uu) Internal Revenue Code of 1986.--The Internal Revenue 
     Code of 1986 is amended as follows:
       (1) Section 54E(d)(2) is amended by striking ``section 9101 
     of the Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''.
       (2) Section 457(e)(11)(D)(ii)(I) is amended by striking 
     ``section 9101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801)'' and inserting ``section 8101 of 
     the Elementary and Secondary Education Act of 1965''.
       (3) Section 1397E(d)(4)(B) is amended by striking ``section 
     9101 of the Elementary and Secondary Education Act of 1965'' 
     and inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''.
       (vv) James Madison Memorial Fellowship Act.--Section 815(4) 
     of the James Madison Memorial Fellowship Act (20 U.S.C. 
     4514(4)) is amended by striking ``9101'' and inserting 
     ``8101''.
       (ww) John Warner National Defense Authorization Act for 
     Fiscal Year 2007.--Section 572(c) of the National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2226) is amended by striking ``section 8013(9) of 
     the Elementary and Secondary Education Act of 1965 ( 20 
     U.S.C. 7713(9))'' and inserting ``section 8101 of the 
     Elementary and Secondary Education Act of 1965''.
       (xx) Legislative Branch Appropriations Act, 1987.--Section 
     104(3)(B)(ii) of the Legislative Branch Appropriations Act, 
     1987 (as incorporated by reference in section 101(j) of 
     Public Law 99-500 and Public Law 99-591) (2 U.S.C. 
     5540(3)(B)(ii)) is amended by striking ``given such terms in 
     section 9101'' and inserting ``given the terms elementary 
     school and secondary school in section 8101''.
       (yy) Legislative Branch Appropriations Act, 1997.--Section 
     5(d)(1) of the Legislative Branch Appropriations Act, 1997 (2 
     U.S.C. 66319(d)(1)) is amended by striking ``public 
     elementary or secondary school as such terms are defined in 
     section 9101'' and inserting ``elementary school or secondary 
     school, as such terms are defined in section 8101''.
       (zz) McKinney-Vento Homeless Assistance Act.--Section 
     725(3) of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11434a(3)) is amended by striking ``section 9101 of 
     the Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''.
       (aaa) Museum and Library Services Act.--The Museum and 
     Library Services Act (20 U.S.C. 9161 et seq.) is amended as 
     follows:
       (1) Section 204(f) (20 U.S.C. 9103(f)) is amended by 
     striking paragraph (1) and inserting the following:
       ``(1) activities under section 2226 of the Elementary and 
     Secondary Education Act of 1965;''.
       (2) Section 224(b)(6)(A) (20 U.S.C. 9134(b)(6)(A)) is 
     amended by striking ``including coordination with the 
     activities within the State that are supported by a grant 
     under section 1251 of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6383)'' and inserting ``including 
     coordination with the activities within the State that are 
     supported by a grant under section 2226 of the Elementary and 
     Secondary Education Act of 1965''.
       (3) Section 261 (20 U.S.C. 9161) is amended by striking 
     ``represent Native Hawaiians (as the term is defined in 
     section 7207 of the Native Hawaiian Education Act'' and 
     inserting ``represent Native Hawaiians (as the term is 
     defined in section 6207 of the Native Hawaiian Education 
     Act)''.
       (4) Section 274(d) (20 U.S.C. 9173(d)) is amended by 
     striking ``represent Native Hawaiians (as defined in section 
     7207 of the Native Hawaiian Education Act (20 U.S.C. 
     7517)),'' and inserting ``represent Native Hawaiians (as 
     defined in section 6207 of the Native Hawaiian Education 
     Act),''.
       (bbb) National and Community Service Act of 1990.--The 
     National and Community Service Act of 1990 (42 U.S.C. 12501 
     et seq.) is amended as follows:
       (1) Section 101 (42 U.S.C. 12511) is amended--
       (A) in paragraph (15), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965'';
       (B) in paragraph (24), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965'';
       (C) in paragraph (39), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''; and
       (D) in paragraph (45), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''.
       (2) Section 112(a)(1)(F) (42 U.S.C. 12523(a)(1)(F)) is 
     amended by striking ``not making adequate yearly progress for 
     two or more consecutive years under section 1111 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.)'' and inserting ``implementing comprehensive 
     support and improvement activities or targeted support and 
     improvement activities under section 1111(d) of the 
     Elementary and Secondary Education Act of 1965''.
       (3) Section 119(a)(2)(A)(ii)(II) (42 U.S.C. 12563) is 
     amended by striking ``the graduation rate (as defined in 
     section 1111(b)(2)(C)(vi) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as 
     clarified in applicable regulations promulgated by the 
     Department of Education'' and inserting ``the four-year 
     adjusted cohort graduation rate (as defined in section 8101 
     of the Elementary and Secondary Education Act of 1965)''.
       (4) Section 122(a)(1) (42 U.S.C. 12572(a)(1)) is amended in 
     subparagraph (C)(iii), by striking ``secondary school 
     graduation rates as defined in section 1111(b)(2)(C)(vi) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(2)(C)(vi)) and as clarified in applicable regulations 
     promulgated by the Department of Education'' and inserting 
     ``four-year adjusted cohort graduation rate (as defined in 
     section 8101 of the Elementary and Secondary Education Act of 
     1965)''.
       (ccc) National Defense Authorization Act for Fiscal Year 
     2006.--Section 572 of the National Defense Authorization Act 
     for Fiscal Year 2006 (20 U.S.C. 7703b) is amended--
       (1) in subsection (a)(2), by striking ``section 8003(a)(1) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7703(a)(1)).'' and inserting ``section 7003(a)(1) of 
     the Elementary and Secondary Education Act of 1965.''; and
       (2) in subsection (e)(2), by striking ``section 8013(9) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7713(9)).'' and inserting ``section 7013(9) of the Elementary 
     and Secondary Education Act of 1965.''.
       (ddd) National Defense Authorization Act for Fiscal Year 
     2012.--Section 532(a)(1) of the National Defense 
     Authorization Act for Fiscal Year 2012 (Public Law 112-81) 
     (10 U.S.C. 503 note; 125 Stat. 1403(a)(1)) is amended by 
     striking ``(as defined in section 9101(38) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801(38)).'' 
     and inserting ``(as defined in section 8101 of the Elementary 
     and Secondary Education Act of 1965).''.
       (eee) National Defense Authorization Act for Fiscal Year 
     2014.--Section 573 of the National Defense Authorization Act 
     for Fiscal Year 2014 (Public Law 113-66) (10 U.S.C. 503 note; 
     127 Stat. 772) is amended--
       (1) in subsection (a)(1), by striking ``(as defined in 
     section 9101(38) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7801(38)),'' and inserting ``(as 
     defined in section 8101 of the Elementary and Secondary 
     Education Act of 1965),''; and
       (2) in subsection (b), by striking ``(as defined in section 
     9101(38) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C.

[[Page H8542]]

     7801(38))'' and inserting ``(as defined in section 8101 of 
     the Elementary and Secondary Education Act of 1965)''.
       (fff) National Environmental Education Act.--Section 3(5) 
     of the National Environmental Education Act (20 U.S.C. 
     5502(5)) is amended by striking `` `local educational agency' 
     means any education agency as defined in section 9101 of the 
     Elementary and Secondary Education Act of 1965 and shall 
     include any tribal education agency;'' and inserting `` 
     `local educational agency' means any education agency as 
     defined in section 8101 of the Elementary and Secondary 
     Education Act of 1965 and shall include any tribal education 
     agency;''.
       (ggg) National Science Foundation Authorization Act of 
     2002.--The National Science Foundation Authorization Act of 
     2002 (Public Law 107-368; 116 Stat. 3034) is amended as 
     follows:
       (1) Section 4 (42 U.S.C. 1862n note) is amended--
       (A) in paragraph (3), by striking ``The term `community 
     college' has the meaning given such term in section 3301(3) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7011(3))'' and inserting ``The term `community 
     college' means an institution of higher education as defined 
     in section 101 of the Higher Education Act of 1965 that 
     provides not less than a 2-year degree that is acceptable for 
     full credit toward a bachelor's degree, including 
     institutions of higher education receiving assistance under 
     the Tribally Controlled College or University Assistance Act 
     of 1978'';
       (B) in paragraph (5), by striking ``section 9101(18) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801(18))'' and inserting ``section 8101 of the Elementary 
     and Secondary Education Act of 1965'';
       (C) in paragraph (10), by striking ``section 9101(26) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801(26))'' and inserting ``section 8101 of the Elementary 
     and Secondary Education Act of 1965'';
       (D) in paragraph (13), by striking ``section 9101(38) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801(38))'' and inserting ``section 8101 of the Elementary 
     and Secondary Education Act of 1965''; and
       (E) in paragraph (15), by striking ``section 9101(41) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801(41))'' and inserting ``section 8101 of the Elementary 
     and Secondary Education Act of 1965''.
       (2) Section 9 (42 U.S.C. 1862n) is amended--
       (A) in subsection (a)(10)(A)(iii) in subclause (III), by 
     striking ``(as described in section 1114(a)(1) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6314(a)(1))'' and inserting ``(as described in section 
     1114(a)(1)(A))''; and
       (B) in subsection (c)(4), by striking ``the program 
     authorized under part B of title II of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.)'' 
     and inserting ``other programs with similar purposes''.
       (hhh) National Security Act of 1947.--Section 1015(2)(A) of 
     the National Security Act of 1947 (50 U.S.C. 3205(2)(A)) is 
     amended by striking ``(as that term is defined in section 
     9101(26) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801(26)))'' and inserting ``(as that term is 
     defined in section 8101 of the Elementary and Secondary 
     Education Act of 1965)''.
       (iii) Native American Languages Act.--Section 103 of the 
     Native American Languages Act (25 U.S.C. 2902) is amended--
       (1) in paragraph (2), by striking ``section 7151(3) of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 6151(3) of the Elementary and Secondary 
     Education Act of 1965''; and
       (2) in paragraph (3), by striking ``section 7207 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 6207 of the Elementary and Secondary 
     Education Act of 1965''.
       (jjj) Native Hawaiian Health Care Improvement Act.--Section 
     6(c)(4) of the Native Hawaiian Health Care Improvement Act 
     (42 U.S.C. 11705(c)(4)) is amended by striking ``private 
     educational organization identified in section 7202(16) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7512(16)) to continue to offer its educational programs and 
     services to Native Hawaiians (as defined in section 7207 of 
     that Act (20 U.S.C. 7517)) first and to others'' and 
     inserting ``private educational organization identified in 
     section 7202(16) of the Elementary and Secondary Education 
     Act of 1965 (as such section was in effect on the day before 
     the date of enactment of the Every Student Succeeds Act) to 
     continue to offer its educational programs and services to 
     Native Hawaiians (as defined in section 6207 of the 
     Elementary and Secondary Education Act of 1965) first and to 
     others''.
       (kkk) Public Health Service Act.--The Public Health Service 
     Act is amended as follows:
       (1) Section 319C-1(b)(2)(A)(vii) (42 U.S.C. 247d-
     3a(b)(2)(A)(vii)) is amended by striking ``including State 
     educational agencies (as defined in section 9101(41) of the 
     Elementary and Secondary Education Act of 1965)'' and 
     inserting ``including State educational agencies (as defined 
     in section 8101 of the Elementary and Secondary Education Act 
     of 1965)''.
       (2) Section 399L(d)(3)(A) (42 U.S.C. 280g(d)(3)(A)) is 
     amended by striking ``section 9101 of the Elementary and 
     Secondary Education Act of 1965'' and inserting ``section 
     8101 of the Elementary and Secondary Education Act of 1965''.
       (3) Section 520E(l)(2) (42 U.S.C. 290bb-36(l)(2)) is 
     amended by striking ``elementary or secondary school (as such 
     terms are defined in section 9101 of the Elementary and 
     Secondary Education Act of 1965)'' and inserting ``elementary 
     school or secondary school (as such terms are defined in 
     section 8101 of the Elementary and Secondary Education Act of 
     1965)''.
       (lll) Refugee Education Assistance Act of 1980.--Section 
     101(1) of the Refugee Education Assistance Act of 1980 (8 
     U.S.C. 1522 note) is amended by striking ``such terms under 
     section 9101 of the Elementary and Secondary Education Act of 
     1965'' and inserting ``such terms under section 8101 of the 
     Elementary and Secondary Education Act of 1965''.
       (mmm) Rehabilitation Act of 1973.--The Rehabilitation Act 
     of 1973 (29 U.S.C. 701 et seq.) is amended as follows:
       (1) Section 202(b)(4)(A)(i) (29 U.S.C. 762(b)(4)(A)(i)) is 
     amended by striking ``(as defined in section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)); and'' and inserting ``(as defined in section 8101 of 
     the Elementary and Secondary Education Act of 1965); and''.
       (2) Section 206 (29 U.S.C. 766) is amended by striking 
     ``(as such terms are defined in section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801))'' and inserting ``(as such terms are defined in 
     section 8101 of the Elementary and Secondary Education Act of 
     1965)''.
       (3) Section 504(b)(2)(B) (29 U.S.C. 794(b)(2)(B)) is 
     amended by striking ``(as defined in section 9101 of the 
     Elementary and Secondary Education Act of 1965)'' and 
     inserting ``(as defined in section 8101 of the Elementary and 
     Secondary Education Act of 1965)''.
       (4)(A) Section 511(b)(2) (29 U.S.C. 794g(b)(2)), as added 
     by section 458 of the Workforce Innovation and Opportunity 
     Act (Public Law 113-128; 128 Stat. 1676), is amended by 
     striking ``local educational agency (as defined in section 
     9101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801)) or a State educational agency (as defined 
     in such section)'' and inserting ``local educational agency 
     (as defined in section 8101 of the Elementary and Secondary 
     Education Act of 1965) or a State educational agency (as 
     defined in such section)''.
       (B) The amendment made by subparagraph (A) shall take 
     effect on the same date as section 458(a) of the Workforce 
     Innovation and Opportunity Act (Public Law 113-128; 128 Stat. 
     1676) takes effect, and as if enacted as part of such 
     section.
       (nnn) Richard B. Russell National School Lunch Act.--The 
     Richard B. Russell National School Lunch Act (42 U.S.C. 1751 
     et seq.) is amended in section 12(d)(4) (42 U.S.C. 
     1769a(d)(4)) by striking ``section 9101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801)'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''.
       (ooo) Safe Drinking Water Act.--Section 1461 of the Safe 
     Drinking Water Act (42 U.S.C. 300j-21(3)) is amended--
       (1) in paragraph (3), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''; and
       (2) in paragraph (6), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''.
       (ppp) Scholarships for Opportunity and Results Act.--The 
     Scholarships for Opportunity and Results Act (division C of 
     Public Law 112-10; sec. 38-1853.01 et seq., D.C. Official 
     Code) is amended as follows:
       (1) In section 3003 (sec. 38-1853.03, D.C. Official Code), 
     by striking ``identified for improvement, corrective action, 
     or restructuring under section 1116 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6316)'' and 
     inserting ``implementing comprehensive support and 
     improvement activities or targeted support and improvement 
     activities under section 1111(d) of the Elementary and 
     Secondary Education Act of 1965''.
       (2) In section 3006(1)(A) (sec. 38-1853.06(1)(A), D.C. 
     Official Code), by striking ``identified for improvement, 
     corrective action, or restructuring under section 1116 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6316)'' and inserting ``implementing comprehensive support 
     and improvement activities or targeted support and 
     improvement activities under section 1111(d) of the 
     Elementary and Secondary Education Act of 1965''.
       (3) In section 3007 (sec. 38-1853.07, D.C. Official Code)--
       (A) in subsection (a)(4)(F), by striking ``ensures that, 
     with respect to core academic subjects (as such term is 
     defined in section 9101(11) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801(11))'' and inserting 
     ``ensures that, with respect to core academic subjects (as 
     such term was defined in section 9101(11) of the Elementary 
     and Secondary Act of 1965 (20 U.S.C. 7801(11)) on the day 
     before the date of enactment of the Every Student Succeeds 
     Act)''; and
       (B) in subsection (d), by striking ``identified for 
     improvement, corrective action, or restructuring under 
     section 1116 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6316)'' and inserting ``implementing 
     comprehensive support and improvement activities or targeted 
     support and improvement activities under section 1111(d) of 
     the Elementary and Secondary Education Act of 1965''.
       (4) In section 3013 (sec. D.C. Code 38-1853.13, D.C. 
     Official Code)--
       (A) in paragraph (5), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)'' and inserting ``section 8101 of the Elementary and 
     Secondary Education Act of 1965''; and
       (B) in paragraph (8), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)'' and inserting ``section 8101 of the Elementary and 
     Secondary Education Act of 1965''.
       (qqq) Social Security Act.--The Social Security Act (42 
     U.S.C. 301 et seq.) is amended as follows:

[[Page H8543]]

       (1) Section 475(1)(G)(ii)(I) (42 U.S.C. 675(1)(G)(ii)(I)) 
     is amended by striking ``local educational agencies (as 
     defined under section 9101 of the Elementary and Secondary 
     Education Act of 1965)'' and inserting ``local educational 
     agencies (as defined under section 8101 of the Elementary and 
     Secondary Education Act of 1965)''.
       (2) Section 2110(c)(9)(B)(v) (42 U.S.C. 1397jj(c)(9)(B)(v)) 
     is amended by striking ``as defined under section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``as defined under section 8101 of the Elementary 
     and Secondary Education Act of 1965''.
       (rrr) State Dependent Care Development Grants Act.--Section 
     670G(6) of the State Dependent Care Development Grants Act 
     (42 U.S.C. 9877(6)) is amended by striking ``section 9101 of 
     the Elementary and Secondary Education Act of 1965 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''.
       (sss) Stevenson-Wydler Technology Innovation Act of 1980.--
     Section 5(c)(8) of the Stevenson-Wydler Technology Innovation 
     Act of 1980 (15 U.S.C. 3704(c)(8)) is amended--
       (1) in subparagraph (D), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)'' and inserting ``section 8101 of the Elementary and 
     Secondary Education Act of 1965'';
       (2) in subparagraph (G), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)'' and inserting ``section 8101 of the Elementary and 
     Secondary Education Act of 1965''; and
       (3) in subparagraph (H), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)'' and inserting ``section 8101 of the Elementary and 
     Secondary Education Act of 1965''.
       (ttt) Telecommunications Act of 1996.--Section 706(d)(2) of 
     the Telecommunications Act of 1996 (47 U.S.C. 1302(d)(2)) is 
     amended by striking ``section 9101 of the Elementary and 
     Secondary Education Act of 1965'' and inserting ``section 
     8101 of the Elementary and Secondary Education Act of 1965''.
       (uuu) Title 10, United States Code.--Title 10, United 
     States Code, is amended as follows:
       (1) Section 503 of title 10, United States Code, is amended 
     by striking ``section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801)'' and inserting 
     ``section 8101 of the Elementary and Secondary Education Act 
     of 1965''.
       (2) Section 1154(a) of title 10, United States Code, is 
     amended--
       (A) in paragraph (1), by striking ``section 5210(1) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7221i(1))'' and inserting ``section 4310 of the Elementary 
     and Secondary Education Act of 1965'';
       (B) in paragraph (3)(C), by striking ``section 6211(b) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7345(b))'' and inserting ``section 5211(b) of the Elementary 
     and Secondary Education Act of 1965''; and
       (C) in paragraph (8), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)'' and inserting ``section 8101 of the Elementary and 
     Secondary Education Act of 1965''.
       (3) Section 2008 of title 10, United States Code, is 
     amended by striking ``section 8013(3) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7713(3)), or to 
     carry out section 8008 of such Act (20 U.S.C. 7708)'' and 
     inserting ``section 7013(3) of the Elementary and Secondary 
     Education Act of 1965, or to carry out section 7008 of such 
     Act''.
       (4) Section 2194(f)(2) of title 10, United States Code, is 
     amended by striking ``section 9101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801)'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965''.
       (vvv) Title 23, United States Code.--Section 504(d)(4) of 
     title 23, United States Code, is amended--
       (1) in subparagraph (B), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)'' and inserting ``section 8101 of the Elementary and 
     Secondary Education Act of 1965''; and
       (2) in subparagraph (C), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)'' and inserting ``section 8101 of the Elementary and 
     Secondary Education Act of 1965''.
       (www) Title 40, United States Code.--Section 502(c)(3)(C) 
     of title 40, United States Code, is amended by striking 
     ``section 8013 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7713)'' and inserting ``section 7013 of 
     the Elementary and Secondary Education Act of 1965''.
       (xxx) Toxic Substances Control Act.--The Toxic Substances 
     Control Act (15 U.S.C. 2601 et seq.) is amended as follows:
       (1) Section 202 (15 U.S.C. 2642) is amended--
       (A) in paragraph (7), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965'' and 
     inserting ``section 8101 of the Elementary and Secondary 
     Education Act of 1965'';
       (B) in paragraph (9), by striking ``any elementary or 
     secondary school (as defined in section 9101 of the 
     Elementary and Secondary Education Act of 1965)'' and 
     inserting ``any elementary school or secondary school (as 
     defined in section 8101 of the Elementary and Secondary 
     Education Act of 1965)''; and
       (C) in paragraph (12), by striking ``elementary or 
     secondary school as defined in section 9101 of the Elementary 
     and Secondary Education Act of 1965'' and inserting 
     ``elementary school or secondary school as defined in section 
     8101 of the Elementary and Secondary Education Act of 1965''.
       (2) Section 302(1) (15 U.S.C. 2662(1)) is amended by 
     striking ``section 9101 of the Elementary and Secondary 
     Education Act of 1965'' and inserting ``section 8101 of the 
     Elementary and Secondary Education Act of 1965''.
       (yyy) Workforce Innovation and Opportunity Act.--The 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et 
     seq.) is amended as follows:
       (1) Section 3 (29 U.S.C. 3102) is amended--
       (A) in paragraph (34), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)'' and inserting ``section 8101 of the Elementary and 
     Secondary Education Act of 1965''; and
       (B) in paragraph (55), by striking ``section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)'' and inserting ``section 8101 of the Elementary and 
     Secondary Education Act of 1965''.
       (2) Section 102(b)(2)(D)(ii)(I) (29 U.S.C. 
     3112(b)(2)(D)(ii)(I)) is amended by striking ``with State-
     adopted challenging academic content 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 inserting 
     ``with challenging State academic standards, as adopted under 
     section 1111(b)(1) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(b)(1))''.
       (3) Section 129(c)(1)(C) (29 U.S.C. 3164(c)(1)(C)) is 
     amended by striking ``(based on State academic content and 
     student academic achievement standards established under 
     section 1111 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6311))'' and inserting ``(based on 
     challenging State academic standards established under 
     section 1111(b)(1) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(b)(1))''.
       (4) Section 166(b)(3) (29 U.S.C. 3221(b)(3)) is amended by 
     striking ``section 7207 of the Native Hawaiian Education Act 
     (20 U.S.C. 7517).'' and inserting ``section 6207 of the 
     Native Hawaiian Education Act.''.
  And the House agree to the same.
     John Kline,
     Virginia Foxx,
     David P. Roe,
     Glenn Thompson,
     Brett Guthrie,
     Todd Rokita,
     Luke Messer,
     Glenn Grothman,
     Steve Russell,
     Carlos Curbelo,
     Robert C. ``Bobby'' Scott,
     Susan A. Davis,
     Marcia L. Fudge,
     Jared Polis,
     Frederica S. Wilson,
     Suzanne Bonamici,
     Katherine M. Clark,
                                Managers on the Part of the House.

     Lamar Alexander,
     Michael B. Enzi,
     Richard Burr,
     Johnny Isakson,
     Susan M. Collins,
     Lisa Murkowski,
     Mark Kirk,
     Tim Scott,
     Orrin Hatch,
     Pat Roberts,
     Bill Cassidy,
     Patty Murray,
     Barbara A. Mikulski,
     Bernard Sanders,
     Robert P. Casey, Jr.,
     Al Franken,
     Michael F. Bennet,
     Sheldon Whitehouse,
     Tammy Baldwin,
     Christopher Murphy,
     Elizabeth Warren,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the House to the bill (S. 1177), to reauthorize 
     the Elementary and Secondary Education Act of 1965 to ensure 
     that every child achieves, submit the following joint 
     statement to the House and the Senate in explanation of the 
     effect of the action agreed upon by the managers and 
     recommended in the accompanying conference report:
       The House amendment struck all of the Senate bill after the 
     enacting clause and inserted a substitute text.
       The Senate recedes from its disagreement to the amendment 
     of the House with an amendment that is a substitute for the 
     Senate bill and the House amendment. The differences between 
     the Senate bill, the House amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clarifying 
     changes.

                Title I, Part A--Disadvantaged Students

       1. The Senate bill and House amendment have different short 
     titles for the Act.
       HR/SR with an amendment to strike both and insert ``Every 
     Student Succeeds Act''
       2. The Senate bill and House amendment have different 
     tables of contents.
       HR/SR with an amendment to read as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Every Student Succeeds 
     Act''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.

[[Page H8544]]

Sec. 4. Transition.
Sec. 5. Effective date.
Sec. 6. Table of contents of the Elementary and Secondary Education Act 
              of 1965.

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

Sec. 1001. Statement of purpose.
Sec. 1002. Authorization of appropriations.
Sec. 1003. School intervention and support.
Sec. 1004. (Direct student services).
Sec. 1005. State plans.
Sec. 1006. Local educational agency plans.
Sec. 1007. School attendance.
Sec. 1008. Schoolwide.
Sec. 1009. Targeted.
Sec. 1010. Parent and family engagement.
Sec. 1011. Participation of children enrolled in private schools.
Sec. 1012. Fiscal requirements.
Sec. 1013. Coordination requirement.
Sec. 1014. Supplement, not supplant.
Sec. 1015. Grants for the outlying areas and the Secretary of the 
              Interior.
Sec. 1016. Allocations.
Sec. 1017. Academic assessments.
Sec. 1018. Education of migratory children.
Sec. 1019. Prevention and intervention programs for children and youth 
              who are neglected, delinquent, or at-risk.
Sec. 1020. Flexibility for equitable per-pupil funding.
Sec. 1021. General provisions.

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

Sec. 2001. Transfer of certain provisions.
Sec. 2002. Teacher, principal, and other school leader training and 
              recruiting fund.
Sec. 2003. National activities.
Sec. 2004. General provisions.

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

Sec. 3001. Transfer of certain provisions.
Sec. 3002. Authorization of appropriations.
Sec. 3003. English language acquisition, language enhancement, and 
              academic achievement.
Sec. 3004. General provisions.
TITLE IV--21ST CENTURY SCHOOLS.
Sec. 4001. General provisions.
Sec. 4002. Grants to states and local educational agencies.
Sec. 4003. 21st century community learning centers.
Sec. 4004. Public charter schools.
Sec. 4005. Magnet schools assistance.
Sec. 4006. Statewide family engagement centers.
Sec. 4007. National activities.

            TITLE V--STATE INNOVATION AND LOCAL FLEXIBILITY

Sec. 5001. Transfer of certain provisions.
Sec. 5002. Purposes.
Sec. 5003. Improving academic achievement.
Sec. 5004. Rural education initiative.
Sec. 5005. General provisions.
Sec. 5006. Review relating to rural local educational agencies.

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

Sec. 6001. Transfer of certain provisions.
Sec. 6002. Indian education.
Sec. 6003. Native Hawaiian education.
Sec. 6004. Alaska native education.
Sec. 6005. Report on responses to Indian student suicides.

                         TITLE VII--IMPACT AID

Sec. 7001. Transfer of certain provisions.
Sec. 7002. Amendment to impact aid improvement act of 2012.
Sec. 7003. Payments relating to federal acquisition of real property.
Sec. 7004. Payments for eligible federally connected children.
Sec. 7005. Policies and procedures relating to children residing on 
              Indian lands.
Sec. 7006. Application for payments under sections 7002 and 7003.
Sec. 7007. Construction.
Sec. 7008. State consideration of payments in providing state aid.
Sec. 7009. Definitions.
Sec. 7010. Authorization of appropriations.

                     TITLE VIII--GENERAL PROVISIONS

Sec. 8001. Transfer and redesignations.
Sec. 8002. Sense of Congress.
Sec. 8101. Definitions.
Sec. 8102. Applicability of title.
Sec. 8103. Applicability to Bureau of Indian Education operated 
              schools.
Sec. 8104. Consolidation of State administrative funds for elementary 
              and secondary education programs.
Sec. 8105. Consolidation of funds for local administration.
Sec. 8106. Consolidation of set-aside for Department of the Interior 
              funds. Rural consolidated plan.
Sec. 8107. Optional consolidated state plans or applications.
Sec. 8108. General applicability of state educational agency 
              assurances.
Sec. 8109. Rural consolidated plan.
Sec. 8110. Other general assurances.
Sec. 8111. Waivers of statutory and regulatory requirements.
Sec. 8112. Plan approval process.
Sec. 8113. Participation by private school children and teachers.
Sec. 8114. Complaint process for participation of private school 
              children.
Sec. 8115. Maintenance of effort.
Sec. 8116. Prohibition regarding state aid.
[Sec. 8116. School prayer.]
Sec. 8117. Prohibitions.
Sec. 8118. Prohibitions on federal government and use of federal funds.
[Sec. 8119. Prohibited uses of funds.]
Sec. 8120. Armed forces recruiter access to students and student 
              recruiting information.
Sec. 8121. Prohibitions on federally sponsored testing.
Sec. 8122. Limitations on national testing or certification for 
              teachers, principals, or other school leaders.
Sec. 8123. Prohibition on requiring state participation.
Sec. 8124. Civil rights.
Sec. 8125. Consultation with indian tribes and native organizations.
Sec. 8126. Outreach and technical assistance for rural local 
              educational agencies.
Sec. 8127. Consultation with the Governor.
Sec. 8128. Local governance.
Sec. 8129. Rule of construction regarding travel to and from school.
Sec. 8130. Limitations on School-Based Health Centers
Sec. 8131. State control over standards.
Sec. 8132. Parental consent.
Sec. 8133. Sense of congress on protecting student privacy.
Sec. 8134. Prohibition on aiding and abetting sexual abuse.
Sec. 8135. Restoration of state sovereignty over public education.
Sec. 8136. Evaluations.

   TITLE IX--EDUCATION OF HOMELESS CHILDREN AND YOUTHS; OTHER LAWS; 
                             MISCELLANEOUS

           PART A--Education for Homeless Children and Youth

Sec. 9101. Statement of policy.
Sec. 9102. Grants for state and local activities.
Sec. 9103. Local educational agency subgrants.
Sec. 9104. Secretarial responsibilities.
Sec. 9105. Definitions.
Sec. 9106. Authorization of appropriations.

                   PART B--Other Laws; Miscellaneous

Sec. 9201. Use of term ``highly qualified'' in other laws.
Sec. 9202. Department staff.
Sec. 9203. Report on Department actions to address Office of the 
              Inspector General charter school reports.
Sec. 9204. Posthumous pardon.
Sec. 9205. Education Flexibility Partnership Act of 1999 
              reauthorization.
Sec. 9206. Preschool Development Grants.
       3. The Senate bill and House amendment have identical 
     sections 3.
       LC
       4. The Senate bill, but not the House amendment, includes a 
     statement of purpose.
       SR
       5. The House amendment, but not the Senate bill, includes 
     this transition provision.
       SR with an amendment to strike and replace with the 
     following:
``Sec. 4. Transition.
       (a) Funding Authority.--
      (1) Multi-year awards.--
       (A) Programs no longer authorized.--Except as otherwise 
     provided in this Act, the recipient of a multi-year award 
     under the Elementary and Secondary Education Act of 1965, as 
     that Act was in effect prior to the date of enactment of this 
     Act, for a program no longer authorized under that Act as a 
     result of this Act, shall continue to receive funds in 
     accordance with the terms of such award, except that no 
     additional funds may be awarded after September 30, 2016, 
     unless such program is substantively similar to a program 
     authorized under this Act, in which case such recipient shall 
     continue to receive funds in accordance with the terms of the 
     prior award.
       (B) Authorized programs.--Except as otherwise provided in 
     this Act, the recipient of a multi-year award under the 
     Elementary and Secondary Education Act of 1965, as that Act 
     was in effect prior to the date of enactment of this Act, for 
     a program still authorized under that Act as a result of this 
     Act, shall continue to receive funds in accordance with the 
     terms of that award.
       (2) Planning and transition.--Notwithstanding any other 
     provision of law, a recipient of funds under a program 
     described in paragraph (1)(B) may use funds awarded to the 
     recipient under the Elementary and Secondary Education Act, 
     as that Act was in effect prior to the date of enactment of 
     this Act, to carry out necessary and reasonable planning and 
     transition activities in order to ensure an orderly 
     implementation of amendments made to such program by this 
     Act.
       (b) Orderly Transition.--Subject to subsection (a)(1)(A), 
     the Secretary shall take such steps as are necessary to 
     provide for the orderly transition to, and implementation of, 
     programs authorized by this Act, and by the amendments made 
     by this Act, from programs authorized by the Elementary and 
     Secondary Education Act of 1965, as that Act was in effect 
     prior to the date of enactment of this Act.
       (c) Waivers.--Notwithstanding any other provision of this 
     Act, except the Special Rule in subsection (e)(3), waivers--
      (1) granted by the Secretary under section 9401 of the 
     Elementary and Secondary Education Act as such section was in 
     effect prior to the date of enactment of this Act; and
       (2) awarded to states and a consortium of local educational 
     agencies under the program first introduced in a letter to 
     chief

[[Page H8545]]

     state school officers dated September 23, 2011, shall 
     terminate as of August 1, 2016.
       6. The House amendment, but not the Senate bill, includes a 
     section for ``Effective Dates'' for the Act and amendments 
     made by the Act.
       SR with an amendment to read as follows:
       (1) in subsection (b), to strike ``2015'' and insert 
     ``2016'';
       (2) in subsection (c), to strike ``2016'' and insert 
     ``2017'';
       (3) in subsection (d), to strike ``2016'' and insert 
     ``2017''; and
       (4) to insert after subsection (d) the following new 
     subsection:
       (e) Title I.--
       (1) Prior authority.-- Notwithstanding any other provision 
     of this Act, except the Special Rule in paragraph (3), 
     section 1111 (b)(2), as such section was in effect prior to 
     the date of enactment of this Act, shall continue in effect 
     until August 1, 2016.
       (2) Certain sections.--Notwithstanding any other provision 
     of this Act, except the Special Rule in paragraph (3)--
       (A) subsections (c) and (d) of section 1111 shall take 
     effect beginning with the 2017-2018 academic year; and
       (B) all other subsections of section 1111 shall take effect 
     consistent with subsection (a).
       (3) Special rule.--Notwithstanding any other provision of 
     this Act, including subsection (c) and paragraphs (1) and 
     (2), any school or local educational agency in a State that 
     has been identified by the State as in need of improvement, 
     corrective action, or restructuring under part A of title I 
     of the Elementary and Secondary Education Act as such part 
     was in effect prior to the date of enactment of this Act, or 
     as a priority or focus school under a waiver granted by the 
     Secretary under section 9401 of the Elementary and Secondary 
     Education Act as such section was in effect prior to the date 
     of enactment of this Act, shall continue to implement 
     applicable interventions until the State plan under section 
     1111 is approved, or subsections (c) and (d) of section 1111 
     take effect in accordance with paragraph (2)(A), whichever 
     comes first.
       7. The Senate bill, but not the House amendment, amends the 
     table of contents for ESEA.
       HR/SR with amendment to read as follows:

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

       Section 2 is amended to read as follows:

     ``SEC. 2. TABLE OF CONTENTS.

       ``The table of contents for this Act is as follows:
``Sec. 1. Short title.
``Sec. 2. Table of contents.
``Sec. 4. Education flexibility program.

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

``Sec. 1001. Statement of purpose.
``Sec. 1002. Authorization of appropriations.
``Sec. 1003. School intervention and support.
``Sec. 1003A. Direct student services.
``Sec. 1004. State administration.

   ``Part A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL 
                                AGENCIES

                ``SUBPART 1--BASIC PROGRAM REQUIREMENTS

``Sec. 1111. State plans.
``Sec. 1112. Local educational agency plans.
``Sec. 1113. Eligible school attendance areas.
``Sec. 1114. Schoolwide programs.
``Sec. 1115. Targeted assistance programs.
``Sec. 1116. Parent and family engagement.
``Sec. 1117. Participation of children enrolled in private schools.
``Sec. 1118. Fiscal requirements.
``Sec. 1119. Coordination requirements.

                        ``Subpart 2--Allocations

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

                     ``Part B--Academic Assessments

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

               ``Part C--Education Of Migratory Children

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

 ``Part D--Prevention And Intervention Programs For Children And Youth 
               Who Are Neglected, Delinquent, Or At-Risk

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

                   ``Subpart 1--State Agency Programs

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

                   ``Subpart 2--Local Agency Programs

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

                    ``Subpart 3--General Provisions

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

         ``Part E--Flexibility For Equitable Per-Pupil Funding

                       Part F--General Provisions

``Sec. 1601. Federal regulations.
``Sec. 1602. Agreements and records.
``Sec. 1603. State administration.
``Sec. 1604. Prohibition against Federal mandates, direction, or 
              control.
``Sec. 1605. Rule of construction on equalized spending.

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

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

  ``Part A--Teacher, Principal, And Other School Leader Training And 
                            Recruiting Fund

``Sec. 2101. Formula grants to States.
``Sec. 2102. Subgrants to local educational agencies.
``Sec. 2103. Local use of funds.
``Sec. 2104. Reporting.

                     ``Part B--National Activities

``Sec. 2201. Reservations.

        ``Subpart 1--Teacher And School Leader Incentive Program

``Sec. 2211. Purposes; definitions.
``Sec. 2212. Teacher and school leader incentive fund grants.
``Sec. 2213. Reports.

    ``Subpart 2--Literacy Education For All, Results For The Nation

``Sec. 2221. Purposes; definitions.
``Sec. 2222. Comprehensive literacy State development grants.
``Sec. 2223. Subgrants to eligible entities in support of birth through 
              kindergarten entry literacy.
``Sec. 2224. Subgrants to eligible entities in support of kindergarten 
              through grade 12 literacy.
``Sec. 2225. National evaluation and information dissemination.
``Sec. 2226. [Literacy programs.]
``Sec. 2227. Supplement, not supplant.

           ``Subpart 3--American History And Civics Education

``Sec. 2231. Program authorized.
``Sec. 2232. Presidential and congressional academies for American 
              history and civics.
``Sec. 2233. National activities.

             ``Subpart 4--Programs Of National Significance

``Sec. 2241. Funding allotment.
``Sec. 2242. Supporting effective educator development.
``Sec. 2243. School leader recruitment and support.
``Sec. 2244. Technical assistance and national evaluation.
``Sec. 2245. STEM master teacher corps.

                      ``Part C--General Provisions

``Sec. 2301. Rules of construction.

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

``Sec. 3001. Authorization of appropriations.

   ``Part A--English Language Acquisition, Language Enhancement, And 
                        Academic Achievement Act

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

``Subpart 1--Grants And Subgrants For English Language Acquisition And 
                          Language Enhancement

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

             ``Subpart 2--Accountability And Administration

``Sec. 3121. Reporting.
``Sec. 3122. Reporting requirements.
``Sec. 3123. Coordination with related programs.

[[Page H8546]]

``Sec. 3124. Rules of construction.
``Sec. 3125. Legal authority under State law.
``Sec. 3126. Civil rights.
``Sec. 3127. Programs for Native Americans and Puerto Rico.
``Sec. 3128. Prohibition.

                    ``subpart 3--national activities

``Sec. 3131. National professional development project.

                      ``Part B--General Provisions

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

                    ``TITLE IV--21ST CENTURY SCHOOLS

``Sec. 4001. Authorization of appropriations.

        ``Part A--Student Support and Academic Enrichment Grants

``Sec. 4101. Purpose.
``Sec. 4102. Definitions.
``Sec. 4103. Formula grants to States.
``Sec. 4104. State use of funds.
``Sec. 4105. Allotments to local educational agencies.
``Sec. 4106. Local applications.
``Sec. 4107. Activities to support well-rounded educational 
              opportunities.
``Sec. 4108. Activities to support safe and healthy students.
``Sec. 4109. Activities to support the effective use of technology.
``Sec. 4110. Supplement, not supplant.
``Sec. 4111. Prohibitions.
``Sec. 4112. Authorization of appropriations.
``Sec. 4113. Internet safety.

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

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

    ``Part C--Expanding Opportunity Through Quality Charter Schools

``Sec. 4301. Purpose.
``Sec. 4302. Program authorized.
``Sec. 4303. Grants to support high-quality charter schools.
``Sec. 4304. Facilities financing assistance.
``Sec. 4305. National activities.
``Sec. 4306. Federal formula allocation during first year and for 
              successive enrollment expansions.
``Sec. 4307. Solicitation of input from charter school operators.
``Sec. 4308. Records transfer.
``Sec. 4309. Paperwork reduction.
``Sec. 4310. Definitions.
``Sec. 4311. Authorization of appropriations.

                  ``Part D--Magnet Schools Assistance

``Sec. 4401. Findings and purpose.
``Sec. 4402. Definition.
``Sec. 4403. Program authorized.
``Sec. 4404. Eligibility.
``Sec. 4405. Applications and requirements.
``Sec. 4406. Priority.
``Sec. 4407. Use of funds.
``Sec. 4408. Limitations.
``Sec. 4409. Authorization of appropriations; reservation.

           ``Part E--Family Engagement in Education Programs

``Sec. 4501. Purposes.
``Sec. 4502. Grants authorized.
``Sec. 4503. Applications.
``Sec. 4504. Uses of funds.
``Sec. 4505. Family engagement in Indian schools.
[``Sec. 4506. Authorization of appropriations.]

                     ``Part F--National Activities

``Sec. 4601. Authorization of appropriations; reservations.

             ``subpart 1--education innovation and research

``Sec. 4611. Grants for education innovation and research.

           ``subpart 2--community support for school success

``Sec. 4621. Purpose.
``Sec. 4622. Definitions.
``Sec. 4623. Program Authorized.
``Sec. 4624. Promise Neighborhoods.
``Sec. 4625. Full-Service Community Schools.

           ``subpart 3--national activities for school safety

``Sec. 4641. National activities for school safety.

              ``subpart 4--grants for academic enrichment

``Sec. 4650. Awards for academic enrichment.
``Sec. 4651. Assistance for arts education.
``Sec. 4652. Ready-To-Learn programming.
``Sec. 4653. Supporting high ability learners and learning.

            ``TITLE V--STATE INNOVATON AND LOCAL FLEXIBILITY

``Sec. 5001. Purposes.

   ``Part A--Funding Transferability for State and Local Educational 
                                Agencies

``Sec. 5101. Short title.
``Sec. 5102. Purpose.
``Sec. 5103. Transferability of funds.

                  ``PART B--Rural Education Initiative

``Sec. 5201. Short title.
``Sec. 5202. Purpose.

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

``Sec. 5211. Use of applicable funding.
``Sec. 5212. Grant program authorized.

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

``Sec. 5221. Program authorized.
``Sec. 5222. Uses of funds.
``Sec. 5223. Applications.
``Sec. 5224. Accountability.
``Sec. 5225. Choice of participation.

                    ``subpart 3--general provisions

``Sec. 5231. Annual average daily attendance determination.
``Sec. 5232. Supplement, not supplant.
``Sec. 5233. Rule of construction.
``Sec. 5234. Authorization of appropriations.

                      ``Part C--General Provisions

``Sec. 5301. Prohibition against Federal mandates, direction, or 
              control.
``Sec. 5302. Rule of construction on equalized spending.

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

                       ``Part A--Indian Education

``Sec. 6101. Statement of policy.
``Sec. 6102. Purpose.

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

``Sec. 6111. Purpose.
``Sec. 6112. Grants to local educational agencies and tribes.
``Sec. 6113. Amount of grants.
``Sec. 6114. Applications.
``Sec. 6115. Authorized services and activities.
``Sec. 6116. Integration of services authorized.
``Sec. 6117. Student eligibility forms.
``Sec. 6118. Payments.
``Sec. 6119. State educational agency review.

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

``Sec. 6121. Improvement of educational opportunities for Indian 
              children and youth.
``Sec. 6122. Professional development for teachers and education 
              professionals.

                    ``subpart 3--national activities

``Sec. 6131. National research activities.
``Sec. 6135. Grants to tribes for education administrative planning, 
              development, and coordination.
``Sec. 6136. Native American and Alaska Native language immersion 
              schools and programs.

                  ``subpart 4--federal administration

``Sec. 6141. National Advisory Council on Indian Education.
``Sec. 6142. Peer review.
``Sec. 6143. Preference for Indian applicants.
``Sec. 6144. Minimum grant criteria.

       ``subpart 5--definitions; authorizations of appropriations

``Sec. 6151. Definitions.
``Sec. 6152. Authorizations of appropriations.

                  ``Part B--Native Hawaiian Education

``Sec. 6201. Short title.
``Sec. 6202. Findings.
``Sec. 6203. Purposes.
``Sec. 6204. Native Hawaiian Education Council.
``Sec. 6205. Program authorized.
``Sec. 6206. Administrative provisions.
``Sec. 6207. Definitions.

                   ``Part C--Alaska Native Education

``Sec. 6301. Short title.
``Sec. 6302. Findings.
``Sec. 6303. Purposes.
``Sec. 6304. Program authorized.
``Sec. 6305. Administrative purposes.
``Sec. 6306. Definitions.

                        ``TITLE VII--IMPACT AID

``Sec. 7001. Purpose.
``Sec. 7002. Payments relating to Federal acquisition of real property.
``Sec. 7003. Payments for eligible federally connected children.
``Sec. 7004. Policies and procedures relating to children residing on 
              Indian lands.
``Sec. 7005. Application for payments under sections 7002 and 7003.
``Sec. 7007. Construction.
``Sec. 7008. Facilities.
``Sec. 7009. State consideration of payments in providing State aid.
``Sec. 7010. Federal administration.
``Sec. 7011. Administrative hearings and judicial review.
``Sec. 7012. Forgiveness of overpayments.
``Sec. 7013. Definitions.
``Sec. 7014. Authorization of appropriations.

                    ``TITLE VIII--GENERAL PROVISIONS

``Sec. 8001. Sense of congress.

                         ``Part A--Definitions

``Sec. 8101. Definitions.
``Sec. 8102. Applicability of title.
``Sec. 8103. Applicability to Bureau of Indian Education operated 
              schools.

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

``Sec. 8201. Consolidation of State administrative funds for elementary 
              and secondary education programs.
``Sec. 8202. Single local educational agency States.
``Sec. 8203. Consolidation of funds for local administration.
``Sec. 8204. Consolidated set-aside for Department of the Interior 
              funds.

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

``Sec. 8301. Purpose.
``Sec. 8302. Optional consolidated State plans or applications.
``Sec. 8303. Consolidated reporting.
``Sec. 8304. General applicability of State educational agency 
              assurances.

[[Page H8547]]

``Sec. 8305. Consolidated local plans or applications.
``Sec. 8306. Other general assurances.

                           ``Part D--Waivers

``Sec. 8401. Waivers of statutory and regulatory requirements.

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

``Sec. 8451. Approval and disapproval of State plans.
``Sec. 8452. Approval and disapproval of local educational agency 
              applications.

                      ``Part F--Uniform Provisions

                      ``subpart 1--private schools

``Sec. 8501. Participation by private school children and teachers.
``Sec. 8502. Standards for by-pass.
``Sec. 8503. Complaint process for participation of private school 
              children.
``Sec. 8504. By-pass determination process.
``Sec. 8505. Prohibition against funds for religious worship or 
              instruction.
``Sec. 8506. Private, religious, and home schools.

                     ``subpart 2--other provisions

``Sec. 8521. Maintenance of effort.
``Sec. 8522. Prohibition regarding State aid.
``Sec. 8523. Privacy of assessment results.
``Sec. 8524. School prayer.
``Sec. 8525. Equal access to public school facilities.
``Sec. 8526. General prohibitions.
``Sec. 8526A. Prohibition against Federal mandates direction or 
              control.
``Sec. 8527. Prohibitions on Federal Government and use of Federal 
              funds.
[``Sec. 8527A. Prohibited uses of funds.]
``Sec. 8528. Armed Forces recruiter access to students and student 
              recruiting information.
``Sec. 8529. Prohibition on federally sponsored testing.
``Sec. 8530. Limitations on national testing or certification for 
              teachers, principals, or other school leaders.
``Sec. 8530A. Prohibition on requiring state participation.
``Sec. 8531. Prohibition on nationwide database.
``Sec. 8532. Unsafe school choice option.
``Sec. 8533. Prohibition on discrimination.
``Sec. 8534. Civil rights.
``Sec. 8535. Rulemaking.
``Sec. 8536. Severability.
``Sec. 8537. Transfer of school disciplinary records.
``Sec. 8538. Consultation with Indian tribes and tribal organizations.
``Sec. 8539. Outreach and technical assistance for rural local 
              educational agencies.
``Sec. 8540. Consultation with the Governor.
``Sec. 8541. Local governance.
``Sec. 8542. Rule of construction regarding travel to and from school.
``Sec. 8543. Limitations on School-Based Health Centers.
``Sec. 8544. State control over standards.
``Sec. 8545. Parental consent.
``Sec. 8546. Sense of congress on protecting student privacy.
``Sec. 8547. Prohibition on aiding and abetting sexual abuse.
``Sec. 8548. Restoration of state sovereignty over public education.
``Sec. 8549. Privacy.

               ``subpart 3--teacher liability protection

``Sec. 8541. Short title.
``Sec. 8542. Purpose.
``Sec. 8543. Definitions.
``Sec. 8544. Applicability.
``Sec. 8545. Preemption and election of State nonapplicability.
``Sec. 8546. Limitation on liability for teachers.
``Sec. 8547. Allocation of responsibility for noneconomic loss.
``Sec. 8548. Effective date.

                      ``subpart 5--gun possession

``Sec. 8561. Gun-free requirements.

                ``subpart 6--environmental tobacco smoke

``Sec. 8571. Short title.
``Sec. 8572. Definitions.
``Sec. 8573. Nonsmoking policy for children's services.
``Sec. 8574. Preemption.

                         ``Part G--Evaluations

``Sec. 8601. Evaluations.''.
       8. The House amendment, but not the Senate bill, includes a 
     separate section for ``Authorization of Appropriations'' for 
     the Act. This provision covers all but the Indian Education, 
     Native Hawaiian, and Alaska Native programs in Title V of the 
     House amendment. The Senate includes separate ``Authorization 
     of Appropriations'' language in each title.
       HR
       9. The Senate bill, but not the House amendment, amends the 
     authorization of appropriations provision for Title I.
       HR/SR with an amendment to read as follows:
       (a) Local Educational Agency Grants.--There are authorized 
     to be appropriated to carry out the activities described in 
     Part A--
      (1) $15,013,027,605 for fiscal year 2017;
      (2) $15,458,169,042 for fiscal year 2018;
      (3) $15,898,081,442 for fiscal year 2019;
      (4) $16,183,054,591 for fiscal year 2020.
       (b) State Assessments.--There are authorized to be 
     appropriated to carry out the activities described in part B, 
     $378,000,000 for each of fiscal years 2017 through 2020.
       (c) Education of Migratory Children.--There are authorized 
     to be appropriated to carry out the activities described in 
     part C, $374,751,000 for each of fiscal years 2017 through 
     2020.
       (d) Prevention and Intervention Programs for Children and 
     Youth Who Are Neglected, Delinquent, or At-risk.--There are 
     authorized to be appropriated to carry out the activities 
     described in part D, $47,614,000 for each of fiscal years 
     2017 through 2020.
       (e) Federal Activities.--For the purpose of carrying out 
     evaluation activities related to title I under section 
     [8141], there are authorized to be appropriated $710,000 for 
     each of fiscal years 2017 through 2020.
       `(f) Sense of Congress Regarding Adjustments to 
     Authorizations of Appropriations Provided in this Act for 
     Future Budget Agreements.--It is the Sense of Congress that 
     if legislation is enacted that revises the limits on 
     discretionary spending established under section 251(c) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, the levels of appropriations authorized throughout this 
     Act should be adjusted in a manner that is consistent with 
     the adjustments in nonsecurity category funding provided for 
     under the revised limits on discretionary spending.
       10. The House amendment, but not the Senate bill, includes 
     a Sense of the Congress on state and local rights and 
     responsibilities.
       SR with an amendment to strike paragraphs (3), (4), (5), 
     and (6) and to move the remainder of the Sec. to the 
     beginning of Title IX
       11. The Senate bill and House amendment have different 
     title headings. The House amendment, but not the Senate bill, 
     includes a subtitle heading.
       HR
       12. The House amendment, but not the Senate bill, amends 
     the title heading for title I of ESEA.
       HR
       13. The Senate bill and House amendment amend the statement 
     of purpose in different ways.
       HR/SR with an amendment to strike the language in both 
     bills and insert the following:
       ``The purpose of this title is to provide all children the 
     opportunity for a fair, equitable, and significant 
     opportunity to receive a high-quality education, and to close 
     educational achievement gaps.''
       14. The House amendment, but not the Senate bill, amends 
     section 1002, to include flexible use of funds authority. See 
     note 6 of Title VI. See note 9 of this document for Senate 
     bill's amendments to section 1002.
       HR
       15. The Senate bill, but not the House amendment, strikes 
     section 1003 and redesignates section 1004 as 1003.
       SR
       16. The Senate bill, but not the House amendment, adds a 
     subsection (c) to the redesignated section 1003 for 
     ``Technical Assistance and Support.''
       HR/SR with an amendment to strike and replace with the 
     following:

     SEC.1003. [20 U.S.C. 6303] SCHOOL IMPROVEMENT.

       (a) State Reservations.--To carry out subsection (b) and 
     the State educational agency's statewide system of technical 
     assistance and support for local educational agencies, each 
     State shall reserve the greater of--
       (1) [7] percent of the amount the State receives under 
     subpart 2 of part A; or
       (2) the sum of the amount the State--
       (A) reserved under this subsection for fiscal year [2015/
     2016]; and
       (B) received for FY [2015/2016] under subsection (g) of 
     this section as such subsection was in effect before the date 
     of enactment of the Every Student Succeeds Act.
       (b) Uses.--Of the amount reserved under subsection (a) for 
     any fiscal year, the State educational agency--
       (1)(A) shall allocate not less than 95 percent of that 
     amount to make grants to local educational agencies on a 
     formula or competitive basis, to serve schools identified for 
     comprehensive support and improvement or implementing 
     targeted support and improvement plans under section 1111(d); 
     or
       (B) may, with the approval of the local educational agency, 
     directly provide for these activities or arrange for their 
     provision through other entities such as school support 
     teams, educational service agencies, or non-profit or for-
     profit external providers with expertise in using evidence-
     based strategies to improve student achievement, instruction, 
     and schools; and
       (2) shall use the funds not reserved under paragraph (1) to 
     carry out this section, which shall include--
       (A) establishing the method, consistent with subsection 
     (g), the State will use to allocate funds to local 
     educational agencies under such paragraph, including ensuring 
     the local educational agencies receiving an allotment under 
     such paragraph represent the geographic diversity of the 
     State and that allotments are of sufficient size to enable a 
     local educational agency to effectively implement selected 
     strategies;
       (B) monitoring and evaluating the use of funds by local 
     educational agencies receiving an allotment under such 
     paragraph; and
       (C) as appropriate, reducing barriers and providing 
     operational flexibility for schools in the implementation of 
     comprehensive support and improvement or targeted support and 
     improvement plans under section 1111(d).
       (c) Duration.--The State educational agency shall award 
     subgrants under this paragraph for a period of not more than 
     4 years, which may include a planning year.

[[Page H8548]]

       (d) Rule of Construction.--Nothing in this section shall be 
     construed as prohibiting a State from allocating subgrants 
     under this section to a statewide school district, consortium 
     of local educational agencies, or an educational service 
     agency that serves schools identified for comprehensive 
     support and improvement or implementing targeted support and 
     improvement plans, if such entities are legally constituted 
     or recognized as local educational agencies in the State.
       (e) Application.--In order to receive an allotment under 
     subsection (b)(1), a local educational agency shall submit an 
     application to the State educational agency at such time, in 
     such form, and including such information as the State 
     educational agency may require. Each application shall 
     include, at a minimum--
       (1) a description of how the local educational agency will 
     carry out its responsibilities under section 1111(d) for 
     schools receiving funds under this section, including how the 
     local educational agency will--
       (A) develop comprehensive support and improvement plans for 
     schools receiving funds under this section identified under 
     section 1111(d)(1);
       (B) support schools developing or implementing targeted 
     support and improvement plans under section 1111(d)(2), if 
     funds received under this section are used for such purpose;
       (C) monitor schools receiving funds under this section, 
     including how the local educational agency will carry out its 
     responsibilities under section 1111(d)(2)(B)(iv) and (v) if 
     funds received under this section are used to support schools 
     implementing targeted improvement and support plans;
       (D) use a rigorous review process to recruit, screen, 
     select, and evaluate any external partners with whom the 
     local educational agency will partner;
       (E) align other Federal, State, and local resources to 
     carry out the activities supported with funds received under 
     subsection (b)(1); and
       (F) as appropriate, modify practices and policies to 
     provide operational flexibility that enables full and 
     effective implementation of the plans described in paragraphs 
     (1) and (2) of section 1111(d);
       (2) an assurance that each school the local educational 
     agency proposes to serve will receive all of the State and 
     local funds it would have received in the absence of funds 
     received under this subsection.
       (f) Priority.--The State educational agency, in allocating 
     funds to local educational agencies under this section, shall 
     give priority to local educational agencies that--
       (1) serve high numbers of elementary schools and secondary 
     schools identified under paragraphs (1) and (2) of section 
     1111(d);
       (2) demonstrate the greatest need for such funds, as 
     determined by the State; and
       (3) demonstrate the strongest commitment to using funds 
     under this section to enable the lowest-performing schools to 
     improve student achievement and student outcomes.
       (g) Unused Funds.--If, after consultation with local 
     educational agencies in the State, the State educational 
     agency determines that the amount of funds reserved to carry 
     out subsection (b) is greater than the amount needed to 
     provide the assistance described in that subsection, the 
     State educational agency shall allocate the excess amount to 
     local educational agencies in accordance with--
       (1) the relative allocations the State educational agency 
     made to those agencies for that fiscal year under subpart 2 
     of part A; or
       (2) section 1126(c).
       (h) Special Rule.--Notwithstanding any other provision of 
     this section, the amount of funds reserved by the State 
     educational agency under subsection (a) [in fiscal year 2018 
     and each subsequent fiscal year] shall not decrease the 
     amount of funds each local educational agency receives under 
     subpart 2 below the amount received by such local educational 
     agency under such subpart for the preceding fiscal year.
       (i) Reporting.--The State shall include in the report 
     described in section 1111[(h)] a list of all the local 
     educational agencies and schools that received funds under 
     this section, including the amount of funds each school 
     received and the types of strategies implemented in each 
     school with such funds.
       17. The House amendment, but not the Senate bill, increases 
     the state set-aside from 4 percent to 7 percent.
       See note 16.
       18. The Senate bill, but not the House amendment makes the 
     state set-aside permissive.
       See note 16.
       19. The House amendment, but not the Senate bill, makes a 
     technical edit to refer to ``chapter B of subpart 1 of part 
     A'' to reflect structural changes to Title I, Part A.
       See note 16.
       20. The Senate bill replaces references to sections 1116 
     and 1117 with a reference to section 1114(a) to reflect 
     structural changes in title I, part A; the House amendment 
     eliminates references to sections 1116 and 1117 to reflect 
     repeal of those sections in the House amendment.
       See note 16.
       21. The Senate bill and House amendment change references 
     to reflect provisions in sections 1114 and 
     1111(b)(3)(B)(iii), respectively.
       See note 16.
       22. The Senate bill and House amendment make similar 
     changes to refer to nonprofit or for-profit organizations 
     using evidence-based strategies.
       See note 16.
       23. The Senate bill, but not the House amendment, also 
     refers to improving teaching and schools.
       See note 16.
       24. The Senate bill, but not the House amendment, adds a 
     reference in the subparagraph (A) to the lowest performing 
     schools as identified under section 1114.
       See note 16.
       25. The House amendment rewords paragraph (2) to replace 
     the requirement that schools demonstrate the greatest need 
     with a requirement schools demonstrate greatest commitment to 
     using funds to improve schools.
       See note 16.
       26. The Senate bill adds ``as determined by the State'' in 
     subparagraph (B).
       See note 16.
       27. The Senate bill maintains subparagraph (C), but rewords 
     to require ``evidence-based interventions'' targeted at 
     ``lowest-performing'' schools, and changes reference to 
     section 1116 to ``to improve student achievement and student 
     outcomes.'' The House amendment eliminates paragraph (3) 
     which is similar to subparagraph (C) in the Senate bill.
       See note 16.
       28. The House amendment, but not the Senate bill, provides 
     for a technical edit due to restructuring of Title I, Part A.
       See note 16.
       29. The Senate bill, but not the House amendment, changes 
     reference to ``subsection (b)'' to ``this subsection''.
       See note 16.
       29a. The Senate bill, but not the House amendment, adds 
     ``for a fiscal year''.
       See note 16.
       30. The House amendment, but not the Senate bill, changes 
     ``any fiscal year'' to ``fiscal year 2016 and each subsequent 
     fiscal year''.
       See note 16.
       31. The House amendment, but not the Senate bill, makes 
     technical changes to reflect restructuring of Title I, Part 
     A.
       See note 16.
       32. The Senate bill, but not the House amendment, makes 
     technical edits to change section/subsection references.
       See note 16.
       33. The Senate bill, but not the House amendment, makes 
     technical edits to change references to section/subsection.
       See note 16.
       34. The House amendment, but not the Senate bill, strikes 
     language dealing with families below the poverty line.
       See note 16.
       35. The House amendment strikes subsection (g). The Senate 
     bill also does not include subsection (g), but includes 
     similar provisions in 1114(c). See note 239 related to 
     section 1114(c) in the Senate bill.
       See note 16.
       36. The House amendment, but not the Senate bill, makes 
     technical changes to reflect restructuring of Title I, Part 
     A.
       HR
       37. The Senate bill redesignates this section as section 
     1003. The Senate bill makes no changes to current law, but 
     adds a new subsection (c) Technical Assistance and Support. 
     See note 16.
       SR
       38. The House amendment, but not the Senate bill, includes 
     this provision on Direct Student Services.
       SR with an amendment to read as follows:

     SEC.1003A. DIRECT STUDENT SERVICES.

       (a) State Reservation.--Each State, after meaningful 
     consultation with geographically diverse local educational 
     agencies, including suburban, rural, and urban local 
     educational agencies and local agencies with a high 
     percentage of schools identified by the state for 
     comprehensive support and improvement under section 
     1111(c)(4)(D)(i) and local educational agencies with a high 
     percentage of schools implementing targeted support and 
     improvement plans under section 1111(d)(2), may reserve 3 
     percent of the amount the State receives under subpart 2 for 
     each fiscal year to carry out this section. Of such reserved 
     funds, the State educational agency may use up to 1 percent 
     to administer the program described in this section.
       (b) Awards.--From the amount reserved under subsection (a), 
     the State educational agency shall award grants to 
     geographically diverse local educational agencies, including 
     suburban, rural, and urban local educational agencies. In 
     making such awards, the State shall prioritize awards to 
     local educational agencies with the highest percentage of 
     schools identified by the state for comprehensive support and 
     improvement under section 1111(c)(4)(D)(i) or schools 
     implementing targeted support and improvement plans under 
     section 1111(d)(2).
       (c) Local Use of Funds.--A local educational agency 
     receiving an award under this section--
       (1) may use up to 1 percent of each award for outreach and 
     communication to parents about available direct student 
     services in the district and state;
       (2) may use not more than 2 percent of each award for 
     administrative costs related to direct student services; and
       (3) shall use the remainder of the award to pay the costs 
     associated with one or more of the following direct student 
     services--
       (A) enrollment and participation in academic courses not 
     otherwise available at the school, including career and 
     technical education coursework that is aligned with the 
     challenging State academic standards described in section 
     1111(b)(1)(C) and leads to

[[Page H8549]]

     industry-recognized credentials that meet the quality 
     criteria established by the State under section 123(a) of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3102), 
     and advanced courses;
       (B) credit recovery and academic acceleration courses that 
     lead to a regular high school diploma;
       (C) assist students in successfully completing 
     postsecondary level instruction and examinations that are 
     accepted for credit at institutions of higher education, 
     including Advanced Placement and International Baccalaureate 
     programs, which may include reimbursing low-income students 
     to cover part or all of the costs of fees for such 
     examinations;
       (D) components of a personalized learning approach, which 
     may include high-quality academic tutoring; and
       (E) in local educational agencies that do not choose to 
     reserve funds under section 1111(d)(1)(D)(v), transportation 
     to allow a student enrolled in a school identified for 
     comprehensive support and improvement under section 
     1111(c)(4)(D)(i) to transfer to another public school that 
     has not been identified by the state under such section, 
     which may include a public charter school.
       (4) in paying the costs associated with direct student 
     services under paragraph (3), the local educational agency 
     shall--
       (A) first, pay such costs for students who are enrolled in 
     schools identified by the state for comprehensive support and 
     improvement under section 1111(c)(4)(D)(i);
       (B) second, pay such costs for low-achieving students who 
     are enrolled in schools implementing targeted support and 
     improvement plans under section 1111(d)(2); and
       (C) with any remaining funds, pay such costs for other low-
     achieving students served by the local educational agency.
       (d) Application.--A local educational agency desiring to 
     receive an award under subsection (b) shall submit an 
     application at such time and in such manner as the State 
     educational agency shall require, and describing how the 
     local educational agency will--
       (1) provide adequate outreach to ensure parents can 
     exercise a meaningful choice of direct student services for 
     their child's education;
       (2) ensure parents have adequate time and information to 
     make a meaningful choice prior to enrolling their child in a 
     direct student service;
       (3) ensure sufficient availability of seats in the public 
     schools the local educational agency will make available for 
     public school choice options;
       (4) prioritize services to students who are lowest-
     achieving;
       (5) select providers of direct student services, which may 
     include one or more of the following--
       (A) the local educational agency or other local educational 
     agencies;
       (B) community colleges or other institutions of higher 
     education;
       (C) non-public entities;
       (D) community-based organizations; or
       (E) in the case of high-quality academic tutoring, a 
     variety of providers of such tutoring that are selected and 
     approved by the State and appear on the State's list of such 
     providers required under subsection (e)(2); and
       (6) monitor the services provided through direct student 
     services; and
       (7) publicly report the results of direct student service 
     providers in improving relevant students outcomes in a manner 
     that is accessible to parents
       (e) Providers and Schools.--The State shall--
       (1) ensure that each local educational agency that receives 
     an award under this section and intends to provide public 
     school choice can provide a sufficient number of options to 
     provide a meaningful choice for parents;
       (2) compile and maintain, following a fair and impartial 
     selection and approval process, an updated list of State-
     approved high-quality academic tutoring providers that--
       (A) is developed using a fair negotiations and rigorous 
     selection and approval process;
       (B) provides parents with meaningful choices;
       (C) offers a range of tutoring models, including online and 
     on campus; and
       (D) includes only providers that--
       (i) have a demonstrated record of success in increasing 
     students' academic achievement;
       (ii) comply with all applicable Federal, State, and local 
     health, safety, and civil rights laws; and
       (iii) provide instruction and content that is secular, 
     neutral and non-ideological;
       (3) ensure that each local educational agency receiving an 
     award will provide an adequate number of high-quality 
     academic tutoring options to ensure parents have a meaningful 
     choice of services.';
       (4) develop and implement procedures for monitoring the 
     quality of services provided by direct student servicer 
     providers; and
       (5) establish and implement clear criteria describing the 
     course of action for providers that are not successful in 
     raising student academic outcomes, which, for high-quality 
     academic tutoring provider, may include a process to remove 
     State approval under subsection (e)(2).
       39. The House amendment, but not the Senate bill, has a 
     subtitle heading.
       HR
       40. The House amendment, but not the Senate bill, amends 
     the headings for title I, part A.
       HR
       41. The House amendment, but not the Senate bill, converts 
     subtitles to chapters.
       HR
       42. The Senate bill and House amendment strike and replace 
     section 1111. The Senate bill also strikes and replaces 
     sections 1112 through 1117.
       SR
       43. The House amendment, but not the Senate bill, changes 
     the heading for subsection (a).
       SR
       44. The House amendment, but not the Senate bill, omits the 
     word ``shall''.
       HR
       45. The Senate bill and House amendment have wording 
     differences.
       SR
       46. The Senate bill and House amendment add different 
     entities to consult with.
       HR with an amendment to strike ``(including organizations 
     representing such individuals)''
       47. The Senate bill includes additional Acts to coordinate 
     with.
       HR with an amendment to add a new paragraph (2):
       (2) Limitation.--Consultation required under paragraph (1) 
     shall not interfere with the timely submission of the plan 
     required under this section.
       48. The Senate bill, but not the House amendment, requires 
     States to describe what evidence-based strategies the State 
     will implement.
       SR
       49. The House amendment, but not the Senate bill, changes 
     the section reference.
       LC
       50. The Senate bill includes language on peer review and 
     secretarial approval. The House amendment includes similar 
     language in section 1111(e).
       HR
       51. The Senate bill and House amendment have different 
     requirements for peer review appointments. See note 53.
       HR with amendment to read as follows:
       (3) Peer review and secretarial approval--
       (A) In general.--The Secretary shall--
       (i) establish a peer-review process to assist in the review 
     of State plans;
       (ii) establish multidisciplinary peer-review teams and 
     appoint members of such teams--

       (I) who are representative of parents, teachers, 
     principals, other school leaders, specialized instructional 
     support personnel, State educational agencies, local 
     educational agencies, the community, including the business 
     community, and researchers who are familiar with the 
     implementation of academic standards, assessments, or 
     accountability systems, and how to meet the needs of 
     disadvantaged students, children with disabilities, English 
     learners, the needs of low-performing schools, and other 
     educational needs of students;
       (II) that include, to the extent practicable, majority 
     representation of individuals who have practical experience 
     in the classroom, school administration, or State or local 
     government, such as direct employees of a school, local 
     educational agency, or State educational agency within the 
     preceding 2 years; and
       (III) who represent a regionally diverse cross-section of 
     States;

       (iii) make available to the public, including by such means 
     as posting to the Department's website, the list of peer 
     reviewers who have reviewed State plans under this section;
       (iv) ensure that the peer-review teams are comprised of 
     varied individuals so that the same peer reviewers are not 
     reviewing all of the State plans; and
       52. The Senate bill says a plan is deemed approved within 
     90 days unless the Secretary demonstrates the plan does not 
     meet the requirements. See note 54.
       HR with amendment to strike subparagraph (v) and insert the 
     following:
       (v) approve a State plan within 120 days of its submission 
     unless the Secretary determines that such State plan does not 
     meet the requirements of this section and has replied in 
     writing providing the supporting information and rationale to 
     substantiate such determination.
       53. The Senate bill, but not the House amendment, include 
     additional provisions related to purpose and nature of 
     review, and appointments.
       HR with amendment to strike ``publicly available'' and 
     replace with ``transparent''
       54. The House amendment requires the Secretary to approve a 
     plan within 120 days. See note 52.
       HR
       55. The Senate bill and House amendment lay out different 
     criteria and steps for Secretary disapproval.
       HR/SR insert new clauses under subparagraph (A) in 
     paragraph (3) to read as follows:
       (vi) disapprove of the State plan only if the Secretary 
     determines how the State plan fails to meet the requirements 
     of this section and immediately notifies the State of such 
     determination and the reasons for such determination in 
     writing as required in clause (v);
       (vii) not decline to approve a State's plan before--

       (I) offering the State an opportunity to revise its plan;
       `(II) providing technical assistance in order to assist the 
     State to meet the requirements of this section;

[[Page H8550]]

       (III) providing all peer-review comments, suggestions, 
     recommendations, or concerns in writing to the State; and
       (IV) providing a hearing, unless the State declines the 
     opportunity for such hearing; and

       (viii) have the authority to disapprove a State plan if the 
     State has been notified and offered an opportunity to revise 
     and resubmit with technical assistance under clause (vii), 
     and--

       (I) the State does not revise and resubmit its plan; or
       (II) the State revises and resubmits a plan that the 
     Secretary determines does not meet the requirements of this 
     section after a hearing conducted under clause (vii)(IV), if 
     applicable.

       56. The House amendment includes limitations for the 
     Secretary. The Senate bill contains a similar limitation 
     within a more expansive set of limitations. See note 59.
       HR
       57. The House amendment includes a separate paragraph on 
     state revisions. The Senate bill includes language on state 
     revisions in paragraphs (4), (5), and (8). See notes 55, 58, 
     and 65.
       HR
       58. The Senate bill includes a separate paragraph on state 
     plan disapproval. See notes 54 through 56.
       SR
       59. The Senate bill includes a separate paragraph on 
     Secretary limitations. See notes 56, 61, 62, and 66.
       SR
       60. The Senate bill and House amendment have different 
     public review requirements. HR with an amendment to strike 
     ``comments;'' and insert ``guidance, notes, and comments and 
     the names of the peer reviewers (once the peer reviewers have 
     completed their work);''
       61. The House amendment, but not the Senate bill, includes 
     a prohibition on the Secretary. SR with an amendment to 
     strike ``and the Secretary's staff,'' and insert after 
     ``Secretary'', ``and political appointees of the 
     Department'', and to strike the second sentence.
       62. The House amendment, but not the Senate bill, includes 
     a rule of construction regarding Secretary approval. See note 
     59.
       HR
       63. The Senate bill and House amendment include similar 
     plan duration language. The House amendment includes this 
     language in section 1111(f).
       HR
       64. The Senate bill, but not the House amendment, 
     establishes a seven-year duration.
       SR
       65. The Senate bill and the House amendment include 
     different requirements for additional information.
       HR with an amendment to strike subparagraph (C)
       66. The Senate bill, but not the House amendment, includes 
     a limitation on the Secretary's authority.
       SR
       67. The Senate bill and House amendment include similar 
     language on failing to meet requirements. The House amendment 
     language is in section 1111(g).
       HR
       68. The House amendment requires the Secretary to withhold 
     funds; the Senate bill permits the Secretary to withhold 
     funds.
       HR
       69. The Senate bill, but not the House amendment, requires 
     the State to post their State plan for at least 30 days for 
     public review.
       HR
       70. The Senate bill and House amendment have different 
     subsection headings.
       SR with an amendment to insert ``Challenging'' before 
     Academic Standards, and insert ``Systems'' after 
     ``Accountability''
       71. The Senate bill and House amendment have different 
     paragraph headings.
       HR
       72. The Senate bill requires an assurance of the adoption 
     of challenging State academic standards; the House amendment 
     requires demonstration State has adopted academic content 
     standards and academic achievement standards.
       HR
       73. The Senate bill, but not the House amendment, requires 
     three levels for achievement standards.
       HR
       74. The Senate bill, but not the House amendment, says that 
     States shall not be required to submit standards to the 
     Secretary.
       HR
       75. The Senate bill and House amendment have similar 
     requirements for the same standards; the House amendment 
     includes language on achievement standards that the Senate 
     bill includes in subparagraph (C) of the Senate bill. See 
     note 77.
       HR/SR with an amendment to strike language in both bills 
     and insert the following:
       (B) Same Standards.--Except as provided in subparagraph 
     (E), the standards required by subparagraph (A) shall--
       (i) apply to all public schools and public school students 
     in the State; and
       (ii) with respect to academic achievement standards, 
     include the same knowledge, skills, and levels of achievement 
     expected of all public school students in the State.
       76. The Senate bill provides an exception to this 
     requirement for alternate academic achievement standards for 
     students with the most significant cognitive disabilities as 
     provided for in subparagraph (E).
       HR
       77. The Senate bill and House amendment have similar 
     language on subjects; the Senate bill includes language on 
     levels of achievement that is similar to the language the 
     House amendment includes in subparagraph (C). See note 75.
       SR
       78. The Senate bill, but not the House amendment, requires 
     States to demonstrate how their standards are aligned with 
     higher education, career and technical education, and 
     relevant early learning guidelines.
       HR with an amendment to strike subparagraph (D) and insert 
     the following:
       (D) Alignment.--
       (i) In general--Each State shall demonstrate that the 
     challenging State academic standards are aligned with 
     entrance requirements for credit-bearing coursework in the 
     system of public higher education in the State and relevant 
     State career and technical education standards.
       (ii) Rule of construction--Nothing in this Act shall be 
     construed to authorize State institutions of higher education 
     to determine the specific challenging State academic 
     standards required under this Act.
       79. The Senate bill and House amendment have different 
     subparagraph headings.
       HR
       80. The Senate bill and House amendment both allow States 
     to develop alternate academic achievement standards using a 
     documented and validated standards setting process.
       HR
       81. The House amendment, but not the Senate bill, requires 
     the determination about the use of alternate academic 
     achievement standards be made separately for each student. 
     The Senate bill, but not the House amendment, requires this 
     information to be designated in the student's individualized 
     education program for each student.
       HR
       82. The Senate bill and House amendment require alignment 
     of the alternate academic achievement standards with other 
     State standards, but the Senate bill specifies the alignment 
     should be with content standards.
       HR
       83. The Senate bill and House amendment require alternate 
     academic achievement standards to promote access to the 
     general curriculum, but the Senate bill requires that this be 
     consistent with the purposes of the IDEA.
       SR with an amendment to insert ``, consistent with the 
     Individuals with Disabilities Education Act'' after 
     ``curriculum''
       84. The Senate bill and House amendment use different 
     language to describe the requirement for the standards to 
     reflect the highest standards for the students.
       SR
       85. The Senate bill, but not the House amendment, requires 
     the alternate academic achievement standards be aligned in 
     such a way to ensure that a student who meets the standard is 
     on track for further education or employment.
       HR with an amendment to strike ``for further'' and insert 
     ``to pursue postsecondary'' and to add before the period ``, 
     consistent with the purposes of Title IV of Pub. L 113-128''
       Report Language: ``It is the intent of the Conferees that 
     alternate achievement standards be vertically aligned to 
     ensure cross-grade coherence and a building of skills, with 
     proficiency against the standards resulting in a student's 
     readiness to access postsecondary education or employment.''
       86. The Senate bill, but not the House amendment, prohibits 
     any other alternate or modified achievement standards for 
     children with disabilities.
       HR
       87. The Senate bill and House amendment include different 
     requirements related to English language proficiency 
     standards.
       SR with amendment to strike ``describe how the State 
     educational agency will establish'' and insert ``demonstrate 
     that the State has adopted'', to strike ``; and'' and insert 
     the following:
       ``;
       (ii) address the different proficiency levels of English 
     learners; and'' and to redesignate clause (ii) as clause 
     (iii)''
       88. The Senate bill, but not the House amendment, clarifies 
     that States do not have to submit their standards to the 
     Secretary, and contain prohibitions on the Secretary's 
     authority over standards.
       HR
       89. The Senate bill and House amendment include similar 
     language on existing standards. The House amendment includes 
     the language in subsection (b)(6).
       HR
       90. The House amendment and Senate bill refer to different 
     bill titles.
       LC
       91. The House amendment and Senate bill have slightly 
     different language.
       SR
       92. The House amendment, but not the Senate bill, requires 
     the assessments be used in evaluating the performance of 
     local educational agencies and schools under the State's 
     accountability system. The Senate bill contains similar 
     language requiring these assessments to be used in the 
     State's accountability system in paragraph (3) of the Senate 
     bill.
       HR
       93. The Senate bill, but not the House amendment, includes 
     an exception for subparagraph (D) related to alternate 
     assessments for the students with the most significant 
     cognitive disabilities.

[[Page H8551]]

       HR
       94. The House amendment and Senate bill have slightly 
     different language with respect to measuring student 
     achievement; the Senate bill, but not the House amendment, 
     includes language on assessment administration to all public 
     school students.
       HR
       95. The Senate bill, but not the House amendment, refers to 
     ``challenging'' academic standards.
       HR
       96. The Senate bill, but not the House amendment, includes 
     an additional requirement that information on the student's 
     performance at grade level be provided.
       HR
       97. The Senate bill includes this separate provision. The 
     House amendment includes some of this language in clause 
     (iv). See note 98.
       HR
       98. The Senate bill and House amendment have different 
     requirements. See note 97.
       HR
       99. The Senate bill and House amendment include similar 
     language regarding the frequency of administration.
       SR with amendment to strike ``be administered'' and all 
     that follows through the semicolon and replace with ``be 
     administered--(aa) in each of grades 3 through 8; and (bb) at 
     least once in grades 9 through 12''
       100. The House amendment, but not the Senate bill, includes 
     a provision regarding administration of any other subjects 
     chosen by the State.
       SR
       101. The Senate bill and the House amendment include 
     different provisions that require the assessments to include 
     measures that assess higher order thinking skills and 
     understanding.
       HR
       102. The House amendment, but not the Senate bill, includes 
     a provision requiring the assessments to measure proficiency 
     and permitting the assessments to measure growth.
       HR
       103. The Senate bill and House amendment have different 
     provisions related to participation of students.
       LC
       104. The Senate bill requires appropriate accommodations 
     for students with disabilities and the House amendment 
     requires reasonable accommodations.
       HR with an amendment to insert ``including students with 
     the most significant cognitive disabilities, '' after 
     ``section 602(3) of the Individuals with Disabilities 
     Education Act,'' and to insert ``or alternate academic 
     achievement standards described in paragraph (1)(E)'' after 
     ``State academic standards''
       105. The Senate bill, but not the House amendment, includes 
     a reference to assistive technology and IDEA.
       HR
       106. The House amendment requires accommodations for 
     English learners to be ``reasonable,'' while the Senate bill 
     requires accommodations to be ``appropriate.''
       HR
       107. The Senate bill and House amendment include slightly 
     different wording regarding the inclusion of English 
     learners.
       HR with an amendment to strike ``(1)(F)'' and insert 
     ``[(G)]''
       108. The Senate bill and House amendment have similar 
     provisions with slightly different wording and different 
     clause numbers.
       SR with an amendment to read as follows:
       (1) in subclause (I), by striking ``annual''; and
       (2) in subclause (II)--
       (A) to insert ``statewide interim'' after ``multiple''; and
       (B) to insert ``or growth'' after ``achievement''.
       109. The Senate bill and House amendment have similar 
     provisions.
       HR
       110. The Senate bill and House amendment have similar 
     provisions.
       SR with an amendment to insert ``, consistent with clause 
     (iii),'' after ``reports'' and strike ``teachers, and'' and 
     insert ``teachers, principals, and other''
       111. The Senate bill and House amendment have similar 
     provisions; the House amendment, but not the Senate bill, 
     requires disaggregation by status as a student with a parent 
     who is an active duty member of the Armed Forces. The Senate 
     bill includes this in note 178.
       HR with an amendment to strike `` (VI) migrant status;'' 
     and insert the following:
       (VI) migrant status, except that, in the case of a local 
     educational agency or a school, such disaggregation shall not 
     be required in a case in which the number of students in a 
     subgroup is insufficient to yield statistically reliable 
     information or the results would reveal personally 
     identifiable information about an individual;
       112. The House amendment requires disaggregation by status 
     as a student in foster care. The Senate requires 
     disaggregated reporting on academic assessments and 
     graduation rates for foster students on the State report 
     card. See note 178.
       HR
       113. The House amendment includes language on personally 
     identifiable information. The Senate bill includes similar 
     language in paragraph (C). See note 119.
       SR
       114. The Senate bill, but not the House amendment, includes 
     this provision on itemized score analyses.
       HR
       115. The House amendment includes this provision on the 95 
     percent participation rate requirement while the Senate bill 
     includes a 95 percent participation rate requirement in 
     paragraph (3)(B)(vi) of the Senate bill.
       HR
       116. The House amendment, but not the Senate bill, includes 
     a provision related to opt out and the 95 percent 
     participation requirement.
       HR
       117. The Senate bill and House amendment include a similar 
     provision; the House amendment references the definition for 
     ``universal design for learning'' in the Higher Education Act 
     while the Senate bill includes a definition in the general 
     provisions.
       HR
       118. The Senate bill includes this separate subparagraph on 
     disaggregation. The House amendment includes similar language 
     in clause (xii). 2See note 114.
       SR with an amendment to strike subparagraph (C) and insert 
     the following:
       ([C]) Exception for Advanced Mathematics in Middle School. 
     --For purposes of implementing subparagraph (B)[(v)](I)(aa) 
     for grade 8 with respect to mathematics, the State may exempt 
     any 8th grade student from such assessment if--
       (i) such student takes advanced mathematics during such 
     student's 8th grade year and takes the end-of-course 
     assessment the State typically administers to meet the 
     requirements of subparagraph (B)[(v)](I)(bb) in that subject;
       (ii such student's achievement on such end-of-course 
     assessment shall be used for purposes of subsection 
     [(c)(2)(B)(i)], in lieu of their achievement on the 
     mathematics assessment required in subparagraph 
     (B)[(v)](I)(aa), and such student shall be counted as 
     participating in the assessment for purposes of subsection 
     [(c)(4)(B)(vi)]; and
       (iii) such student takes an additional mathematics 
     assessment in high school, which may be any end-of-course 
     assessment in advanced mathematics that is more advanced than 
     the assessment taken by such student to fulfill the 
     requirement of subclause (I), to meet the requirements of 
     subparagraph (B)[(v)](I)(bb), which shall be used to measure 
     such student's academic achievement for purposes of 
     subsection [(c)(2)(B)(i)].
       119. The Senate bill and House amendment have different 
     subparagraph headings.
       HR/SR with an amendment to strike subparagraph (D) and 
     replace with the following:
       (D) Alternate assessments for students with the most 
     significant cognitive disabilities.--
       (i) Alternate assessments aligned with alternate academic 
     achievement standards.--A State may provide for alternate 
     assessments aligned with the challenging State academic 
     content standards and alternate academic achievement 
     standards described in paragraph (1)(E) for students with the 
     most significant cognitive disabilities, if the State--
       (I) consistent with clause (ii), ensures that, for each 
     subject, the total number of students assessed in such 
     subject using the alternate assessments does not exceed 1 
     percent of the total number of all students in the State who 
     are assessed in such subject;
       (II) ensures that the parents of such students are clearly 
     informed, as part of the process for developing the 
     Individualized Education Program (as defined in section 
     614(d)(1)(A) of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1414(d)(1)(A)), that--
       (aa) their child's academic achievement will be measured 
     against such alternate standards; and
       (bb) how participation in such assessments may delay or 
     otherwise affect the student from completing the requirements 
     for a regular high school diploma;

       (III) promotes, consistent with the Individuals with 
     Disabilities Education Act, the involvement and progress of 
     students with the most significant cognitive disabilities in 
     the general education curriculum;
       (IV) describes in the State plan the steps the State has 
     taken to incorporate universal design for learning, to the 
     extent feasible, in alternate assessments;
       (V) describes in the State plan how that general and 
     special education teachers and other appropriate staff know 
     how to administer the alternate assessments, and make 
     appropriate use of accommodations for children with 
     disabilities on all assessments required under this 
     paragraph;
       (VI) develops, disseminates information on, and promotes 
     the use of appropriate accommodations to increase the number 
     of students with significant cognitive disabilities 
     participating in academic instruction and assessments and 
     increase the number of students with significant cognitive 
     disabilities who are tested against challenging State 
     academic achievement standards for the grade level in which a 
     student is enrolled; and
       (VII) does not preclude a student with the most significant 
     cognitive disabilities who takes an alternate assessment 
     based on alternate academic achievement standards from 
     attempting to complete the requirements for a regular high 
     school diploma.

       (ii) Special rules.--

       (I) Responsibility under idea.--Subject to the authority 
     and requirements for the individualized education program 
     team for a child with a disability under section 
     614(d)(1)(A)(i)(VI)(bb) of the Individuals with Disabilities 
     Education Act, such team shall, consistent with the 
     guidelines established by the State and required under 
     section

[[Page H8552]]

     612(a)(16)(C) of the Individuals with Disabilities Education 
     Act and clause (i)(II) of this subparagraph, determine when a 
     child with a significant cognitive disability shall 
     participate in the alternate assessment aligned to the 
     alternate academic achievement standards.
       (II) Prohibition on local cap.--Nothing in this 
     subparagraph shall be construed to permit the Secretary or a 
     State educational agency to impose on any local educational 
     agency a cap on the percentage of students administered the 
     alternate assessment under this subparagraph, except that a 
     local educational agency exceeding the cap applied to the 
     state under clause (i)(I) shall submit information to the 
     State educational agency justifying the need to exceed such 
     cap.
       (III) State support.--A State shall provide appropriate 
     oversight, as determined by the State, of any local 
     educational agency that must submit information to the State 
     under subclause (II).
       (IV) Waiver authority.--This subparagraph shall be subject 
     to the Secretary's waiver authority under section [8XXX] of 
     this Act.

       120. The Senate bill and House amendment both include a 
     requirement for alignment of the alternate assessment with 
     the State standards. However, the Senate bill, but not the 
     House amendment, clarifies the alternate assessment must be 
     aligned with both the same content standards developed for 
     all students and the alternate academic achievement standards 
     developed for students with the most significant cognitive 
     disabilities.
       See note 119.
       121. The Senate bill, but not the House amendment, sets an 
     upper limit for the number of children who can be assessed in 
     each subject using the alternate assessment at one percent of 
     the total number of students in the State who are assessed in 
     that subject.
       See note 119.
       122. The Senate bill and House amendment include similar 
     language related to establishing and monitoring guidelines 
     for individualized education program teams to use when 
     determining whether a child's significant cognitive 
     disability justifies using the alternate assessment.
       See note 119.
       123. The Senate bill, but not the House amendment, requires 
     that parents are involved in the decision to use the 
     alternate assessment for their child, as required by the 
     Individuals with Disabilities Education Act.
       See note 119.
       124. The House amendment, but not the Senate bill, include 
     a requirement that parents are informed that their child's 
     academic achievement will be measured against alternate 
     standards and whether participation in the alternate 
     assessment will preclude the student from completing the 
     requirements for a high school diploma.
       See note 119.
       125. The Senate bill, but not the House amendment, includes 
     requirements on making progress in the general curriculum. 
     The House amendment, but not the Senate bill, requires the 
     students are included in the general curriculum.
       See note 119.
       126. The Senate bill, but not the House amendment, requires 
     a state plan description on ensuring access.
       See note 119.
       127. The Senate bill, but not the House amendment, requires 
     the State to include a description of the steps the State has 
     taken to incorporate universal design for learning in the 
     alternate assessment.
       See note 119.
       128. The Senate bill and House amendment both require that 
     teachers and other appropriate staff know how to administer 
     assessments and make appropriate use of accommodations. The 
     Senate bill extends this requirement to all assessments, 
     whereas the House amendment extends this requirement to the 
     alternate assessment only.
       See note 119.
       129. The Senate bill and House amendment both include a 
     requirement to develop, disseminate information about, and 
     promote the use of accommodation. The Senate bill and House 
     amendment both specify these accommodations should increase 
     the number of students tested against the State academic 
     achievement standards. The House amendment, but not the 
     Senate bill, clarifies these standards should be for the 
     grade in which the student is enrolled. The Senate bill, but 
     not the House amendment, specifies these accommodations 
     should also promote participation in academic instruction and 
     requires the State to describe in their State plan how 
     appropriate accommodations will be provided.
       See note 119.
       130. The Senate bill and House amendment have a similar 
     requirement about students who are assessed using the 
     alternate assessment not being precluded from attempting to 
     complete a high school diploma, but the House amendment 
     refers to a ``secondary school diploma''. The House 
     amendment, but not the Senate bill, clarifies that a State 
     determines the specific requirements for a diploma.
       See note 119.
       131. The Senate bill, but not the House amendment, includes 
     a limitation on including the 1 percent of students tested 
     against the alternate assessment in the State accountability 
     system.
       See note 119.
       132. The Senate bill, but not the House amendment, includes 
     language on State authority.
       HR
       133. The Senate bill requires each State plan to identify 
     the languages that are ``present to a significant extent'' in 
     the population, while the House amendment requires 
     identification of languages that are ``present''.
       HR
       134. The House amendment, but not the Senate bill, includes 
     language on Secretary assistance upon a State's request. The 
     Senate bill includes this provision as subparagraph (F) and 
     the House amendment includes it as subparagraph (E).
       SR
       135. The Senate bill and House amendment have different 
     requirements for English language proficiency assessments.
       SR
       136. The House amendment, but not the Senate bill, includes 
     this provision on locally designed assessment systems.
       SR with amendment to strike (G) and replace with the 
     following:
       (G) Locally-Selected Assessment.--
       (i) In General.--Nothing in this paragraph shall be 
     construed to prohibit a local educational agency from 
     administering a locally-selected assessment in lieu of the 
     State-designed academic assessment under subclause (I)(bb) 
     and subclause (II)(cc) of clause (v) of subparagraph (B), if 
     the local educational agency selects a nationally-recognized 
     high school academic assessment that has been approved for 
     use by the state as described in clauses (iii) or (iv).
       (ii) State technical criteria.--The State educational 
     agency, in order to allow for State approval of nationally-
     recognized high school academic assessments that are 
     available for local selection, shall establish technical 
     criteria to determine if any such assessment meets the 
     requirements of clause (v).
       (iii) State approval.--If a State educational agency 
     chooses to make a nationally-recognized high school 
     assessment available for local selection, such agency shall--

       (I) conduct a review of each assessment to determine if 
     such assessment meets or exceeds such technical criteria 
     established by the state under clause (ii);
       (II) submit evidence in accordance with section 1111(a)(3) 
     that demonstrates such assessment meets the requirements of 
     clause (v) of this paragraph; and
       (III) after fulfilling the requirements of subclause (I) 
     and subclause (II), approve such assessment for selection and 
     use by any local educational agency that requests to use such 
     assessment consistent with clause (i).
       (iv) Local educational agency option.--(I) if a local 
     educational agency chooses to submit a nationally-recognized 
     high school academic assessment to the State educational 
     agency, subject to the approval process described in 
     subclause (I) and subclause (II) of clause (iii) to determine 
     if such assessment fulfills the requirements of clause (v), 
     the State educational agency may approve the use of such 
     assessment consistent with clause (i); and
       (II) upon such approval, the State educational agency shall 
     approve the use of such assessment in any other local 
     educational agency in the State that subsequently requests to 
     use such assessment without repeating the process described 
     in subclause (I) and subclause (II) of clause (iii).

       (v) Requirements.--in order to receive approval from the 
     State educational agency, such locally-selected assessments 
     shall--
       (I) be aligned to the State's academic content standards 
     under section 1111(b)(1), address the depth and breadth of 
     such standards, and be equivalent in their content coverage, 
     difficulty, and quality to the State-designed assessments, 
     and may be more rigorous in their content coverage and 
     difficulty;
       (II) provide comparable, valid, and reliable data on 
     academic achievement, as compared to the State-designed 
     assessments, for all students and for each subgroup of 
     students described in subsection (c)(2), with results 
     expressed in terms consistent with the State's academic 
     achievement standards described in subsection (b)(1), among 
     all local educational agencies within the State;
       (III) meet the requirements for the assessments under 
     subparagraph (B), including technical criteria, except the 
     requirement under clause (ii) of such subparagraph; and
       (IV) provide unbiased, rational, and consistent 
     differentiation between schools within the State to meet the 
     requirements of section 1111(c).
       (iv) Parental notification.--A local educational agency 
     shall notify parents--
       (I) of its request to the State educational agency for 
     approval to administer a locally selected assessment; and
       (II) upon approval, and at the beginning of each subsequent 
     school year during which the locally selected assessment will 
     be implemented, that the local educational agency will be 
     administering a different assessment than the State-designed 
     assessments under subclause (I)(bb) and subclause (II)(cc) of 
     clause (v) of subparagraph (B).
       Report language: ``It is the intent of the Conferees to 
     allow flexibility for States and local educational agencies 
     to select and use any nationally-recognized high school 
     assessment that is approved for selection after meeting the 
     requirements of this paragraph. It is the intent of the 
     Conferees that existing assessments already widely recognized 
     as validly measuring student performance, such

[[Page H8553]]

     as ACT or SAT exams, may, subject to approval described in 
     this subparagraph, be selected and used.''
       137. The Senate bill, but not the House amendment, includes 
     this deferral language.
       HR
       138. The Senate bill and House amendment include similar 
     rules of construction regarding use of assessments for 
     student promotion or graduation. The House amendment includes 
     this as a section 1111(k).
       SR
       139. The Senate bill and House amendment have different 
     language on computer adaptive assessments; in addition, the 
     Senate bill includes this as subparagraph (J) and the House 
     amendment includes it as subparagraph (F).
       HR/SR with an amendment to strike and replace with the 
     following:
       [J/F] Adaptive assessments.--
       (i) In general.--Subject to clause (ii), a State retains 
     the right to develop and administer computer adaptive 
     assessments as the assessments described in this paragraph, 
     as long as the computer adaptive assessments meet the 
     requirements of this paragraph, except that--

       (I) subparagraph [(B)(ii)] shall not be interpreted to 
     require that all students taking the computer adaptive 
     assessment be administered the same assessment items; and
       (II) such assessment--

       (aa) shall measure, at a minimum, each student's academic 
     proficiency against the State's academic standards for the 
     student's grade level and growth toward such standards; and
       (bb) may measure the student's level of academic 
     proficiency and growth using items above or below the 
     student's grade level, including for use as part of a State's 
     accountability system under paragraph (3).
       Report Language: ``It is the Conferees' intent that 
     adaptive assessments may use items above or below the 
     student's grade level, but, for purposes of determining and 
     reporting overall proficiency in the accountability system, 
     the adaptive assessment must measure academic proficiency 
     within a student's enrolled grade level academic standards.''
       140. The Senate bill, but not the House amendment, contains 
     a provision describing the applicability of computer adaptive 
     assessments for students with the most significant cognitive 
     disabilities.
       HR/SR with an amendment to read as follows:
       (ii) students with the most significant cognitive 
     disabilities and english learners.--In developing and 
     administering computer adaptive assessments.--

       (I) as the assessments allowed under subparagraphs (D), a 
     State shall ensure that such computer adaptive assessments--

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

       (II) as the assessments described under subparagraph (G), a 
     State shall ensure that such computer adaptive assessments--

       (aa) meet the requirements of this paragraph, including 
     subparagraph (G), except such assessment shall not be 
     required to meet the requirements of clause (i)(II); and
       (bb) assess the student's language proficiency in order to 
     measure the student's acquisition of English.
       141. The Senate bill, but not the House amendment, includes 
     this language on parent and guardian rights.
       HR with an amendment to strike ``part'' and insert 
     ``paragraph'' and strike ``statewide''
       142. The Senate bill, but not the House amendment, includes 
     this provision on assessment time.
       SR with an amendment to insert the following at the end of 
     section 1111(b)(2):
       (__) Limitation on assessment time.--Subject to Federal or 
     State requirements related to assessments, evaluations, and 
     accommodations, each State may, at the sole discretion of 
     such State, set a target limit on the aggregate amount of 
     time devoted to the administration of assessments for each 
     grade, expressed as a percentage of annual instructional 
     hours.
       Report Language: ``It is the ?Conferees' intent that 
     nothing in the language allowing a State to set a target 
     limit on time spent on assessments shall ever be construed to 
     mandate that a State set such a target limit. Setting a 
     target limit will always be a choice the State makes. 
     Additionally, the Conferees intend that the target limit set 
     include assessments adopted pursuant to this subsection, 
     other assessments required by the State, and assessments 
     required districtwide by the local educational agency.''
       143. The Senate bill refers to ``System'' while the House 
     amendment refers to ``Systems'' in the paragraph heading.
       HR/SR with an amendment to strike paragraph (3) and insert 
     the following:
       (c) Statewide Accountability System.--
       (1) In general.--Each state plan shall describe a Statewide 
     Accountability System that complies with the requirements of 
     this subsection and subsection (d).
       (2) Subgroup of students.--In this subsection, the term 
     `subgroup of students' means--
       (A) economically disadvantaged students;
       (B) students from major racial and ethnic groups;
       (C) children with disabilities; and
       (D) English learners.
       (3) Minimum Number of students.--Each State shall 
     describe--
       (A) with respect to any provisions under this part that 
     require disaggregation of information by each subgroup of 
     students, as defined in paragraph (2)--
       (i) the minimum number of students that the State 
     determines are necessary to be included to carry out such 
     requirements and how that number is statistically sound, 
     which shall be the same State-determined number for all 
     students and for each subgroup of students in the state;
       (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 determining such minimum number; and
       (iii) how the State ensures that such minimum number does 
     not reveal any personally identifiable information;
       (4) Description of system.--The statewide accountability 
     system described in paragraph (1)
       (A) shall be based on the challenging State academic 
     standards described in subsection (b)(1)
       (C) to improve student academic achievement and school 
     success. In designing such system to meet the requirements of 
     this part, the State shall--
       (A) Establish ambitious State-designed long term goals, 
     which shall include measurements of interim progress toward 
     meeting such goals--
       (i) for all students and separately for each of subgroup of 
     students in the State--

       (I) for, at a minimum, improved--

       (aa) academic achievement, as measured by proficiency on 
     the annual assessments required under subsection 
     (b)(2)(B)(v)(I); 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, except that the state shall set a 
     more rigorous long term goal for such graduation rate;

       (II) for which the term set by the state in designing such 
     goals is the same multi-year length of time for all students 
     and for each subgroup of students in the state; and
       (III) that, for subgroups of students who are behind on the 
     measures described in clause (i), take into account the 
     improvement necessary on such measures to make significant 
     progress in closing statewide proficiency and graduation rate 
     gaps; and

       (ii) for English learners, increases in the percentage of 
     students making progress in achieving English language 
     proficiency, as defined by the State, as measured by the 
     assessments described in subsection (b)(2)(G), within a 
     State-determined timeline.
       (B) Annually measure, for all students and separately for 
     each subgroup of students, except that the indicator 
     described in clause
       (iv) shall be measured only for the subgroup of students 
     described in paragraph (2)(D), indicators of--
       (i) For all public schools, academic achievement, as 
     measured by proficiency, and at the State's discretion, 
     student growth for high schools, on the annual assessments 
     required under subsection (b)(2)(B)(v)(I), based on the long 
     term goals established pursuant to subparagraph (A);
       (ii) For elementary schools and secondary schools that are 
     not high schools, a measure of student growth, if determined 
     appropriate by the state, or another valid and reliable 
     statewide academic indicator that allows for meaningful 
     differentiation in school performance;
       (iii) For high schools, the 4 year adjusted cohort 
     graduation rate, and, at the State's discretion, the 
     extended-year adjusted cohort graduation rate, based on 
     State-designed long term goals established pursuant to 
     subparagraph (A);
       (iv) English language proficiency for all English learners 
     in each of the grades 3 through 8 and in the grade for which 
     such English learners are otherwise assessed under paragraph 
     (2)(B)(v)(I) during the grade 9 through 12 period, which may 
     include measures of student growth toward such proficiency; 
     and
       (v) For all schools, not less than one indicator of school 
     quality or student success that allows for meaningful 
     differentiation in school performance and is valid, reliable, 
     comparable, and statewide, which may include measures of--

       (I) Student engagement;
       (II) Educator engagement;
       (III) Student access to and completion of advanced 
     coursework;

       (IV) Postsecondary readiness;
       (V) School climate and safety; and
       (VI) any other indicator the state chooses that meets the 
     requirements of this clause; and

       (vi) for all schools, the participation of at least 95 
     percent of all students and at least 95 percent of students 
     in each subgroup of students in the assessments required 
     under subsection (b)(2).
       (C) Establish a system of annually meaningfully 
     differentiating all public schools in the State, which 
     shall--
       (i) be based on all indicators in the State's 
     accountability system under subparagraph (B), for all 
     students and for each of subgroup of students, consistent 
     with the requirements of such subparagraph;

[[Page H8554]]

       (ii) afford substantial weight to each of the indicators 
     described in clauses (i) through (iv) of subparagraph (B), 
     and in the aggregate greater weight than is afforded to the 
     indicator or indicators utilized by the state and described 
     in subparagraph (B)(v), in the aggregate, with the weight 
     given to the indicator described in clause (vi) of such 
     subparagraph determined solely by the State; and
       (iii) include differentiation of any school in which any 
     subgroup of students is consistently underperforming, as 
     determined by the State, based on all indicators under 
     subparagraph (B) and pursuant to the system established under 
     this subparagraph; and
       (D) Based on the system of meaningful differentiation 
     described in subparagraph (C), establish a State-determined 
     methodology to identify--
       (i) at least once every three years, one statewide category 
     of schools for comprehensive support and improvement as 
     described in subsection (d)(1), which shall include--

       (I) at least the lowest-performing 5% of all Title I 
     schools in the state;
       (II) all high schools in the state failing to graduate one 
     third or more of their students; and
       (III) Schools described under subsection (d)(3)(A)(i)(II); 
     and

       (ii) at the discretion of the state, additional statewide 
     categories of schools.
       (E) Special rules.--
       (i) The State educational agency shall begin identification 
     of schools described in subparagraph (D) beginning with the 
     2017-2018 academic year; and
       (ii) For any student who has not attended the same school 
     within a local educational agency for at least half of the 
     academic year, the performance of any such student on the 
     indicators described in clause (i) through clause (v) of 
     subsection (c)(4)(B) may not be used in the system of 
     meaningful differentiation of all public schools as described 
     in subsection (c)(4)(C), except that such performance of any 
     such student shall be used for the purpose of reporting on 
     the State and local educational agency report cards required 
     under subsection (h).
       Report Language: ``The Conferees intend that States may 
     have opt out policies if they so choose, but any student that 
     opts out shall be included in the denominator for the 
     purposes of calculating the 95 percent participation rate 
     requirement and for measuring, calculating, and reporting 
     proficiency for the purpose of accountability under section 
     1111 (c) and (d). The State will make the decision regarding 
     the consequences for a school that fails to comply with the 
     requirement described in subparagraph (E).''
       (d) School Support and Improvement Activities.--
       (1) Comprehensive support and improvement.--
       (A) In general.--Each State educational agency receiving 
     funds under this part shall notify each local educational 
     agency in the state of any school within the local 
     educational agency that is identified for comprehensive 
     support and improvement under subsection (c)(4)(D)(i).
       (B) Local educational agency action.--Upon receiving such 
     information from the State, the local educational agency 
     shall, for each school identified by the state and in 
     partnership with stakeholders (including principals and other 
     school leaders, teachers and parents), locally develop and 
     implement a comprehensive support and improvement plan for 
     the school to improve student outcomes based on all 
     indicators in the statewide accountability system established 
     under subsection (c)(4), that--
       (i) is informed by all indicators in the statewide 
     accountability system described in subsection (c)(4)(B), 
     including student performance against State-determined long 
     term goals;
       (ii) includes evidence-based interventions;
       (iii) is based on a school-level needs assessment;
       (iv) identifies resource inequities, which may include a 
     review of local educational agency and school level 
     budgeting, to be addressed through implementation;
       (v) is approved by the school, local educational agency, 
     and State educational agency; and
       (vi) upon approval and implementation, is monitored and 
     periodically reviewed by the State educational agency.
       (C) State educational agency discretion.--The State 
     educational agency may--
       (i) permit differentiated improvement activities that 
     utilize evidence-based interventions in any high schools 
     identified pursuant to subsection (c)(4)(D)(i)(II) that 
     predominantly serve students--

       (I) returning to education after having exited secondary 
     school without a regular high school diploma; or
       (II) who, based on their grade or age, are significantly 
     off track to accumulate sufficient academic credits to meet 
     high school graduation requirements, as established by the 
     State; and

       (ii) for any high school in the State identified pursuant 
     to subsection (c)(4)(D)(i)(II) that has a total enrollment of 
     less than 100 students, permit the local educational agency 
     to forgo implementation of improvement activities required 
     under this paragraph.
       (D) Public school choice.--
       (i) In general.--A local educational agency may provide all 
     students enrolled in a school identified by the State for 
     comprehensive support and improvement pursuant to subsection 
     (c)(4)(D)(i) with the option to transfer to another public 
     school served by the local educational agency, unless such an 
     option is prohibited by State law.
       (ii) 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).
       (iii) 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.
       (iv) 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.
       (v) 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.

       (2) Targeted support and improvement.--

       (A) In general.--Each State educational agency receiving 
     funds under this part shall, using the meaningful 
     differentiation of schools described in subsection (c)(4)(C), 
     notify each local educational agency in the state of any 
     school within the local educational agency in which any 
     subgroup of students is consistently underperforming as 
     described in paragraph (4)(C)(iii) of such subsection, and 
     such local educational agencies shall provide notification to 
     any such school.
       (B) Targeted support and improvement plan.--Each school 
     receiving a notification described in this paragraph must, in 
     partnership with stakeholders including principals and other 
     school leaders, teachers and parents, develop and implement a 
     school-level targeted support and improvement plan to improve 
     student outcomes based on the indicators in the statewide 
     accountability system established under subsection (c)(4), 
     for the one or more student subgroup that caused the 
     notification that--
       (i) is informed by all indicators in the statewide 
     accountability system described in subsection (c)(4)(B), 
     including student performance against long term goals;
       (ii) includes evidence-based interventions;
       (iii) is approved by the local educational agency prior to 
     implementation; and
       (iv) is monitored, upon submission and implementation, by 
     the local educational agency; and
       (v) result in additional action following unsuccessful 
     implementation of such plan after a number of years 
     determined by the local educational agency.
       (C) Additional targeted support.--Plans described in 
     subparagraph (B) that are developed and implemented in any 
     school receiving a notification from the local educational 
     agency in which the performance of any subgroup of students 
     would lead to identification for comprehensive support and 
     improvement using the State's methodology under subsection 
     (c)(4)(D) shall also identify resource inequities, which may 
     include a review of local educational agency and school level 
     budgeting, to be addressed through implementation of such 
     plan;
       (D) Special rule.--The State educational agency shall begin 
     annual differentiation of and notification to local 
     educational agencies of any schools described in subparagraph 
     (C) beginning with the 2017-2018 academic year.

       (3) Continued support for school and local educational 
     agency improvements.--To ensure continued progress to improve 
     student academic achievement and school success in the state, 
     the State educational agency--

       (A) shall--
       (i) establish statewide exit criteria for--

       (I) schools identified by the state for comprehensive 
     support and improvement under subsection (c)(4)(D)(i), which, 
     if not satisfied within a state--determined number of years 
     (not to exceed four years), shall result in more rigorous 
     state-determined action, such as the implementation of 
     interventions which may include addressing school-level 
     operations; and
       (II) schools described in paragraph (2)(C), which, if not 
     satisfied within a state-determined number of years, shall, 
     in the case of such schools receiving assistance under this 
     part, result in identification of the school by the state for 
     comprehensive support and improvement under subsection 
     (c)(4)(D)(i)(III);

       (ii) periodically review resource allocation to support 
     school improvement in local educational agencies in the state 
     with a significant number of schools identified for 
     comprehensive support and improvement under subsection 
     (c)(4)(D)(i) and schools implementing targeted support and 
     improvement plans under paragraph (2); and
       (iii) provide technical assistance to local educational 
     agencies in the state with a significant number of schools 
     implementing comprehensive support and improvement plans 
     under paragraph (1) or schools implementing targeted support 
     and improvement plans under paragraph (2); and
       (B) may--
       (i) take action to initiate additional improvement in any 
     local educational agency with a significant number of schools 
     that are consistently identified by the state for 
     comprehensive support and improvement under subsection 
     (c)(4)(D)(i) and not meeting exit

[[Page H8555]]

     criteria established by the state under subparagraph 
     (A)(i)(I) and a significant number of schools implementing 
     targeted support and improvement plans under paragraph (2); 
     and
       (ii) consistent with State law, establish alternative 
     evidence-based State determined strategies that can be used 
     by local educational agencies to assist a school identified 
     for comprehensive improvement under subsection (c)(4)(D)(i).

       (4) Rule of construction for collective bargaining.--
     Nothing in this subsection shall be construed to alter or 
     otherwise affect the rights, remedies, and procedures 
     afforded to school or local educational agency employees 
     under Federal, State, or local laws (including applicable 
     regulations or court orders) or under the terms of collective 
     bargaining agreements, memoranda of understanding, or other 
     agreements between such employers and their employees.

       Report Language: ``The Conferees intend for the provisions 
     of this section to establish minimum requirements for State 
     accountability systems, but not to preclude States from 
     including additional elements or methods for identifying 
     student and school performance, which may include using 
     additional categories of students. Such additional elements 
     or methods must not prevent the State from meeting the 
     minimum requirements for meaningful differentiation, 
     identification for improvement, and school support and 
     interventions under this section, and the State must not use 
     such additional elements or methods to reduce the number or 
     percentage, or change, the schools that would otherwise be 
     subject to the requirements of the State's accountability 
     system as described under 1111(c) and 1111(d).''
       144. The Senate bill, but not the House amendment, includes 
     a definition for ``category of students.'' The definition 
     includes the same categories as are included in the House 
     amendment in paragraph (3)(B)(ii)(II).
       See note 143.
       145. The Senate bill and House amendment have different 
     language requiring States to establish accountability 
     systems.
       See note 143.
       146. The Senate bill and House amendment have different 
     requirements for State accountability systems.
       See note 143.
       147. The Senate bill, but not the House amendment, requires 
     States to include graduation rates, an academic indicator for 
     elementary and middle schools, and English proficiency in 
     their accountability systems.
       See note 143.
       148. The House amendment identifies the subgroups a State's 
     accountability system must identify. The subgroups are mostly 
     identical to the ``category of students'' definition in the 
     Senate bill, except that the Senate bill says ``children with 
     disabilities'' and the House amendment says ``students with 
     disabilities''. See note 145.
       See note 143.
       149. The Senate bill permits States to measure student 
     growth in their accountability systems. The House amendment 
     includes a mention of student growth in the assessment 
     paragraph of the House amendment. See note 102.
       See note 143.
       150. The House amendment requires a system of school 
     improvement for low-performing public schools receiving Title 
     I funds as part of states' accountability systems. The Senate 
     bill includes section 1114 regarding school identifications, 
     interventions, and supports to improve low-performing 
     schools. See note 238.
       See note 143.
       151. The Senate bill, but not the House amendment, details 
     the other indictor of school quality states must include in 
     their accountability systems.
       See note 143.
       152. The Senate bill, but not the House amendment, includes 
     requirements related to amount certain indicators must weigh 
     in the State-designed accountability systems.
       See note 143.
       153. The Senate bill, but not the House amendment, requires 
     State accountability systems to comply with Sec. 1114 of the 
     Senate bill.
       See note 143.
       154. The Senate bill, but not the House amendment, requires 
     State accountability systems to include a clear and 
     understandable explanation of school identification and 
     differentiation.
       See note 143.
       155. The Senate bill includes the requirement for states to 
     assess 95 percent of their students within the accountability 
     system. The House amendment included this provision within 
     the assessment requirements of the House amendment. See note 
     115.
       See note 143.
       156. The House amendment and the Senate bill contain 
     different language related to prohibitions on the Secretary.
       HR/SR with an amendment to strike paragraph (6) and insert 
     a new subsection (e) of section 1111 as follows:
       (e) Prohibition.
       (1) In general.--Nothing in this act shall be construed to 
     authorize or permit the Secretary--
       (A) when promulgating any rule or regulation, to promulgate 
     any rule or regulation on the development or implementation 
     of the statewide accountability system established under this 
     section that would--
       (i) add new requirements that are inconsistent with or 
     outside the scope of this part;
       (ii) add new criteria that are inconsistent with or outside 
     the scope of this part; or
       (iii) be in excess of Statutory authority granted to the 
     Secretary;
       (B) to, as a condition of approval of the State plan, or 
     revisions or amendments to, the State plan, or approval of a 
     waiver request submitted under section 8xxx, to--
       (i) require a State to add any requirements that are 
     inconsistent with or outside the scope of this part;
       (ii) require a State to add or delete one or more specific 
     elements of the State's academic standards; or
       (iii) prescribe--

       (I) numeric long-term goals or measurements of interim 
     progress that states establish for all students, for any 
     subgroups of students, and for English learners with respect 
     to English language proficiency, under this part, including--

       (aa) the length of terms set by states in designing such 
     goals; or
       (bb) the progress expected from any subgroups of students 
     in meeting such goals;

       (II) specific academic assessments or assessment items that 
     States or local educational agencies use to meet the 
     requirements of subsection (b)(2) or otherwise use to measure 
     student academic achievement or student growth under this 
     part;
       (III) indicators that States use within the State 
     accountability system under this section, including any 
     requirement to measure student growth, if a State chooses to 
     measure student growth, or the specific metrics used to 
     measure such growth under this part;
       (IV) the specific weight of any measure or indicator used 
     to identify or meaningfully differentiate schools, under this 
     part;
       (V) the specific methodology used by States to meaningfully 
     differentiate or identify schools under this part;
       (VI) any specific school support and improvement strategies 
     that State or local educational agencies establish and 
     implement to intervene, support, and improve schools and 
     student outcomes under this part;
       (VII) exit criteria established by States under subsection 
     (d)(3)(A)(i);
       (VIII) provided that the State meets the requirements in 
     subsection (c)(3), a minimum number of students;
       (IX) any aspect or parameter of a teacher, principal, or 
     other school leader evaluation system within a State or local 
     educational agency; or
       (X) indicators or specific measures of teacher, principal, 
     or other school leader effectiveness or quality; or

       (C) to issue new non-regulatory guidance that--
       (i) in seeking to provide explanation of requirements under 
     this section for State or local educational agencies, either 
     in response to requests for information or in anticipation of 
     such requests, provides a strictly limited or exhaustive list 
     to illustrate successful implementation of provisions under 
     this section; or
       (ii) purports to be legally binding; or
       (D) to require data collection under this part beyond data 
     derived from existing Federal, State, and local reporting 
     requirements.
       (2) Defining terms.--In carrying out this part, the 
     Secretary shall not, through regulation or as a condition of 
     approval of the State plan or revisions or amendments to the 
     State plan, promulgate a definition of any term used in this 
     part, or otherwise prescribe any specification for any such 
     term, that is inconsistent with or outside the scope of this 
     part or is in violation of paragraph (1).
       Report Language: ``While it is the intent of the Conferees 
     to allow the Secretary to issue regulations and guidance to 
     clarify the intent and implement the law, Conferees intend to 
     prohibit any such regulation that would create new 
     requirements inconsistent with or outside the scope of the 
     law, including regulations that would take from a State the 
     authority to establish a Statewide Accountability System, 
     thus undermining the intent of Congress that States establish 
     and make decisions regarding the Statewide Accountability 
     System required under this part. For example, the Secretary 
     may issue regulations to implement or clarify the statutory 
     requirement that the State meaningfully differentiate all 
     public schools (such as requiring a statewide accountability 
     system to indicate levels of school performance that are 
     distinct and easy for parents to understand); however, in 
     issuing such regulation, the Secretary may not, for example, 
     require a State to meaningfully differentiate schools using 
     an A-F grading system or other specific scoring rubric.''
       157. The Senate bill includes this provision as subsection 
     (b)(4), while the House amendment includes it as paragraph 
     (3)(E).
       HR/SR with an amendment to read as follows:
       (4) Exceptions for English learners.--
       (A) Accountability.--With respect to recently arrived 
     English learners, a State may choose to--
       (i) exclude--

       (I) a recently arrived English learner who has attended 
     school in one of the 50 States in the United States or in the 
     District of Columbia for less than 12 months from one 
     administration of the reading or language arts assessment 
     required under paragraph (2); and
       (II) the results of a recently arrived English learner who 
     has attended school in one of the 50 States in the United 
     States or in the District of Columbia for less than 12 months 
     on either or both of the assessments under paragraph 
     (2)(B)(v)(I) and paragraph (2)(F) for the first year of the 
     English learner's enrollment in a school in the United

[[Page H8556]]

     States for the purposes of the State-determined 
     accountability system under subsection (c); or

       (ii)(I) assess, and report the performance of, a recently 
     arrived English learner who has attended school in one of the 
     50 States in the United States or in the District of Columbia 
     for less than 12 months on the reading or language arts and 
     mathematics assessments required under paragraph (2)(B)(v)(I) 
     in each year of the student's enrollment in a school in the 
     United States; and
       (II) for the purposes of the State-determined 
     accountability system--

       (aa) for the first year of the student's enrollment in a 
     school in the United States, exclude the results on these 
     assessments;
       (bb) include a measure of student growth on the reading or 
     language arts and mathematics assessments in the second year 
     of the student's enrollment; and
       (cc) include proficiency on the reading or language arts 
     and mathematics assessments in the third year of the 
     student's enrollment.

       (B) English learner subgroup.--A State may include the 
     results on the assessments under paragraph (2)(B)(v)(I), 
     except for results on the English language proficiency 
     assessments required under paragraph (2)(G), of former 
     English learners for not more than 4 years after the student 
     is no longer identified as an English learner within the 
     English learner subgroup of the subgroups of students, as 
     defined in paragraph XX for the purposes of the State-
     determined accountability system.
       158. The Senate bill, but not the House amendment, allows a 
     State to exclude recently arrived English learners from one 
     administration of the State's reading or language arts 
     assessment.
       See note 157.
       159. The Senate bill allows the results of reading and math 
     assessments of recently arrived English learners to be 
     excluded from accountability determinations for one year, 
     while the House amendment allows for two years in math and 
     three years in reading.
       See note 157.
       160. The Senate bill, but not the House amendment, allows 
     the results of former English learners to be included in the 
     English learner category for 4 years.
       See note 157.
       161. The Senate bill refers to accountability provisions 
     under this ``title'' while the House amendment refers to 
     accountability provisions under this ``Act.''
       SR
       162. The Senate bill, but not the House amendment, includes 
     this paragraph on requirements.
       HR
       163. The House amendment, but not the Senate bill, includes 
     this implementation timeline provision.
       HR
       164. The House amendment, but not the Senate bill, includes 
     this provision on existing state law.
       SR
       165. The Senate bill and House amendment have different 
     subsection headings.
       SR
       166. The Senate bill, but not the House amendment, includes 
     additional state plan descriptions in subsection (c)(1).
       HR with an amendment to strike and insert the following:
       (g) Other Plan Provisions.--
       (1) Descriptions.--Each State plan shall describe--
       (B) how the State will provide assistance to local 
     educational agencies and individual elementary schools 
     choosing to use funds under this part to support early 
     childhood education programs;
       (C) how low-income and minority children enrolled in 
     schools assisted under this part are not served at 
     disproportionate rates by ineffective, out-of-field, and 
     inexperienced teachers, and the measures the State 
     educational agency will use to evaluate and publicly report 
     the progress of the State educational agency with respect to 
     such description; however, nothing in this subparagraph shall 
     be construed as requiring a State to develop or implement a 
     teacher, principal, or other school leader evaluation 
     system;.
       (D) how the State educational agency will support local 
     educational agencies receiving assistance under this part to 
     improve school conditions for student learning, including 
     through reducing--
       (i) incidences of bullying and harassment;
       (ii) the overuse of discipline practices that remove 
     students from the classroom; and
       (iii) the use of aversive behavioral interventions that 
     compromise student health and safety;
       (E) how the State will support local educational agencies 
     receiving assistance under this part in meeting the needs of 
     students at all levels of schooling, particularly students in 
     the middle grades and high school, including how the State 
     will work with such local educational agencies to provide 
     effective transitions to middle grades and high school in 
     order to decrease student risk of dropping out;
       Report Language: ``It is the Conferees' intent that States 
     describe how the unique needs of students are met, 
     particularly those students in the middle grades and high 
     schools. The Conferees intend that States will work with 
     local educational agencies receiving assistance under this 
     part to assist in identifying students who are at-risk of 
     dropping out using indicators such as attendance and student 
     engagement data, to ensure effective student transitions from 
     middle to high school, including by aligning curriculum and 
     student supports, and to assist in effective transitions from 
     high school to postsecondary education through strategies 
     such as partnerships between local educational agencies and 
     institutions of higher education. Such strategies to improve 
     transitions may include integration of rigorous academics, 
     career and technical education, and work-based learning. In 
     order to accomplish these priorities, the Conferees intend 
     that States will provide professional development to 
     teachers, principals, other school leaders, and other school 
     personnel to ensure that the academic and developmental needs 
     of middle and high school students are met.''
       (F) the steps a State educational agency will take to 
     ensure collaboration with the State agency responsible for 
     administering the State plans under parts B and E of title IV 
     of the Social Security Act (42 U.S.C. 621 et seq. and 670 et 
     seq.) to ensure the educational stability of children in 
     foster care, including assurances that--
       (i) any such child enrolls or remains in such child's 
     school of origin, unless a determination is made that it is 
     not in such child's best interest to attend the school of 
     origin, which decision shall be based on all factors relating 
     to the child's best interest, including consideration of the 
     appropriateness of the current educational setting and the 
     proximity to the school in which the child is enrolled at the 
     time of placement;
       (ii) when a determination is made that it is not in such 
     child's best interest to remain in the school of origin, the 
     child is immediately enrolled in a new school, even if the 
     child is unable to produce records normally required for 
     enrollment;
       (iii) the enrolling school shall immediately contact the 
     school last attended by any such child to obtain relevant 
     academic and other records; and
       (iv) the State educational agency will designate an 
     employee to serve as a point of contact for child welfare 
     agencies and to oversee implementation of the State agency 
     responsibilities required under this subparagraph, and such 
     point of contact shall not be the State's Coordinator for 
     Education of Homeless Children and Youths under section 
     722(d)(3) of the McKinney-Vento Homeless Assistance Act;
       (F) how the State educational agency will provide support 
     to local educational agencies in the identification, 
     enrollment, attendance, and school stability of homeless 
     children and youths; and
       (G) such other factors the State educational agency 
     determines appropriate to provide students an opportunity to 
     achieve the knowledge and skills described in the challenging 
     State academic standards.
       Report Language: ``It is the Conferees' intent that each 
     State describes how it will support local educational 
     agencies and schools by providing resources and guidance, 
     professional development, and technical assistance to reduce 
     techniques, strategies, interventions, and policies that 
     compromise the health and safety of students, such as 
     seclusion and restraint.''
       167. The Senate bill, but not the House amendment, 
     restructures these provisions as a paragraph (2). The Senate 
     bill and House amendment have different lead-ins.
       HR
       168. The Senate bill and House amendment include different 
     assurances.
       HR with an amendment to strike and insert the following:
       (2) Assurances.--Each State plan shall contain assurances 
     that.--
       (A) the State will make public any methods or criteria the 
     State is using to measure teacher, principal, and other 
     school leader effectiveness for the purpose of meeting the 
     requirements described in paragraph (1)(C);
       (B) the State educational agency will notify local 
     educational agencies, Indian tribes and tribal organizations, 
     schools, teachers, parents, and the public of the challenging 
     State academic standards, academic assessments, and State 
     accountability system, developed under this section;
       (C) the State educational agency will assist each local 
     educational agency and school affected by the State plan to 
     meet the requirements of this part;
       (D) the State will participate in the biennial State 
     academic assessments in reading and mathematics in grades 4 
     and 8 of the National Assessment of Educational Progress 
     carried out under section 303(b)(3) of the National 
     Assessment of Educational Progress Authorization Act if the 
     Secretary pays the costs of administering such assessments;
       (E) the State educational agency will modify or eliminate 
     State fiscal and accounting barriers so that schools can 
     easily consolidate funds from other Federal, State, and local 
     sources in order to improve educational opportunities and 
     reduce unnecessary fiscal and accounting requirements;
       (F) the State educational agency will support the 
     collection and dissemination to local educational agencies 
     and schools of effective parent and family engagement 
     strategies, including those included in the parent and family 
     engagement policy under section 111[8];
       (G) the State educational agency will provide the least 
     restrictive and burdensome regulations for local educational 
     agencies and individual schools participating in a program 
     assisted under this part;
       (H) the State educational agency will ensure that local 
     educational agencies, in developing and implementing programs 
     under this part, will, to the extent feasible, work in

[[Page H8557]]

     consultation with outside intermediary organizations, such as 
     educational service agencies, or individuals, that have 
     practical expertise in the development or use of [evidence-
     based] strategies and programs to improve teaching, learning, 
     and schools;
       (I) the State educational agency has appropriate procedures 
     and safeguards in place to ensure the validity of the 
     assessment process;
       (J) the State educational agency will ensure that all 
     teachers and paraprofessionals working in a program supported 
     with funds under this part meet applicable State 
     certification and licensure requirements, including 
     alternative certification requirements;
       (K) the State educational agency will coordinate activities 
     funded under this part with other Federal activities as 
     appropriate;
       (L) the State educational agency has involved the committee 
     of practitioners established under section 1503(b) in 
     developing the plan and monitoring its implementation; [and]
       (M) the State has professional standards for 
     paraprofessionals working in a program supported with funds 
     under this part, including qualifications that were in place 
     on the day before the date of enactment of the Every Child 
     Achieves Act of 2015; [and]
       (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 subgroup 
     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').

       Report Language: ``As used in section 8546, Prohibition on 
     Aiding and Abetting Sexual Abuse, the phrase ``has probable 
     cause to believe'' means that the person knows facts that 
     would lead a reasonable person to conclude that a school 
     employee, contractor, or agent has previously engaged in, or 
     is currently engaging in, sexual misconduct.''
       169. The Senate bill, but not the House amendment, includes 
     this rule of construction related to cross tabulation of 
     data.
       HR with an amendment to strike and insert the following:
       (3) Rules of construction.--Nothing in paragraph (2)(O) 
     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 require or 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).
       170. The Senate bill, but not the House amendment, includes 
     this paragraph regarding technical assistance related to 
     cross tabulation of data.
       SR with an amendment to insert new subparagraph (B) within 
     paragraph (4) to read as follows:
       (4) Technical assistance.--Upon request by a State 
     educational agency, the Secretary shall provide technical 
     assistance to such agency in order to--
       (A) meet the requirements of paragraph (2)(N); and
       (B) in the case of a State educational agency choosing, at 
     its sole discretion, to disaggregate data described in 
     clauses (ii) and (iii)(II) of subsection (d)(1)(C) for Asian 
     and Native Hawaiian/Pacific Islander students using the same 
     race response categories as the decennial census of the 
     population, assist such State educational agency in such 
     disaggregation and in using such data to improve academic 
     outcomes for such students.
       Report Language: ``The Conferees recognize that achievement 
     data for the subgroups of students described in subsection 
     1111(c)(2) can mask particular challenges that ethnic 
     minorities within each subgroup face. The Conferees encourage 
     States that collect disaggregated data on ethnic minorities 
     within individual subgroups, such as disaggregated data for 
     Asian and Native Hawaiian/Pacific Islander students using the 
     same race response categories as the decennial census of the 
     population to make such information publicly available, so 
     long as such disclosure does not reveal any personally 
     identifiable information for any student.''
       171. The House amendment, but not the Senate bill, includes 
     this requirement regarding parental involvement.
       HR
       172. The Senate bill and House amendment include the 
     requirement for reports in different subsections.
       LC
       173. The Senate bill and House amendment have different 
     wording, and the House amendment includes additional language 
     on dissemination. The Senate bill includes similar 
     dissemination language in subparagraph (B)(i)(III) of the 
     Senate bill. See note 176.
       HR/SR with an amendment to read as follows:
       (d) Reports.--
       (1) Annual state report card.--
       (A) In general.--A State that receives assistance under 
     this part shall prepare and disseminate widely to the public 
     an annual State report card for the State as a whole that 
     meets the requirements of this paragraph.
       (B) Implementation.--
       (i) In general.--The State report card required under this 
     paragraph shall be--

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

       (ii) Ensuring privacy.--No State report card required under 
     this paragraph shall include any personally identifiable 
     information about any student. Each such report card shall be 
     consistent with the privacy protections under section 444 of 
     the General Education Provisions Act (20 U.S.C. 1232g, 
     commonly known as the `Family Educational Rights and Privacy 
     Act of 1974').
       (C) Minimum requirements.--Each State report card required 
     under this subsection shall include the following 
     information:
       (i) A clear and concise description of the State's 
     accountability system under subsection (c)(2), including--

       (I) The minimum number of students that the State 
     determines are necessary to be included in each of the 
     subgroups of students, as defined in subsection (c)(1), for 
     use in the accountability system under subsection [(c)].
       (II) the goals and measurements of interim progress for all 
     students and for each of the subgroups of students, as 
     defined in subsection (c)(2)(A);
       (III) the indicators used in the accountability system 
     described in subsection (c)(2)(B) to meaningfully 
     differentiate all schools
       (IV) The State's system for meaningfully differentiating 
     all schools, including--

       (aa) the specific weight of the indicators described in 
     (c)(2)(B) in such differentiation;
       (bb) the criteria by which the State differentiates all 
     schools;
       (cc) the criteria by which the State differentiates a 
     school as consistently underperforming for any subgroup of 
     students described in section (c)(2)(C)(iii), including the 
     time period used by the State to determine consistent 
     underperformance, ; and
       (dd) the criteria by which the State identifies a school 
     for comprehensive support and improvement as required under 
     subsection (c)(2)(D)(i);

       (V) the number and names of all schools identified by the 
     State for comprehensive support and improvement under 
     subsection (c)(2)(D)(i) or targeted support and improvement 
     under subsection (d)(2);
       (VI) the exit criteria established by the State as required 
     under clause (i) of subsection (d)(3)(A), including the 
     length of years established under clause (i)(II);

       (ii) For all students and disaggregated by each subgroup of 
     students described in subsection (b)(2)(B)[(xi)], homeless 
     status, status as a child in foster care, and status as a 
     student with a parent who is an active duty (as defined in 
     section 101(d)(1) of title 10, United States Code) member of 
     the Armed Forces (as defined in section 101(a)(4) of such 
     title) except that such disaggregation shall not be required 
     in a case in which the number of students in a subgroup is 
     insufficient to yield statistically reliable information or 
     the results would reveal personally identifiable information 
     about an individual student, information on student 
     achievement on the academic assessments described in 
     subsection (b)(2) at each level of achievement, as determined 
     by the State under subsection (b)(1).
       Report Language: ``It is the Conferees' intent that States 
     and districts may also include students with a parent in the 
     National Guard or Reserves as part of the group of students 
     with a parent who is an active member of the Armed Forces.''
       (iii) For all students and disaggregated by each of the 
     subgroups of students, as defined in subsection (c)(1), and 
     for purposes of subclause (II), homeless status and status as 
     a child in foster care, except that such disaggregation shall 
     not be required in a case in which the number of students in 
     a category is insufficient to yield statistically reliable 
     information or the results would reveal personally 
     identifiable information about an individual student--

       (I) information on the performance on the other academic 
     indicator under subsection (c)(2)(B)(ii) for elementary 
     schools and secondary schools that are not high schools used 
     by the State in the State accountability system; and
       (II) high school graduation rates, including 4-year 
     adjusted cohort graduation rates and,

[[Page H8558]]

     at the State's discretion, extended-year adjusted cohort 
     graduation rates.

       (iv) Information on the number and percentage of English 
     learners achieving English language proficiency;
       (v) For all students and disaggregated by each of the 
     subgroups of students, as defined in subsection (c)(1), 
     except that such disaggregation shall not be required in a 
     case in which the number of students in a subgroup is 
     insufficient to yield statistically reliable information or 
     the results would reveal personally identifiable information 
     about an individual student, information on the performance 
     on the other indicator or indicators of school quality or 
     student success under subsection (c)(2)(B)(v) used by the 
     State in the State accountability system;
       (vi) Information on the progress of all students and each 
     subgroup of students, as defined in subsection (c)(1), toward 
     meeting the State-designed long term goals under subsection 
     (c)(2)(A), including the progress of all students and each 
     subgroup of students against the State measurements of 
     interim progress established under such subsection
       (vii) For all students and disaggregated by each subgroup 
     of students described in subsection (b)(2)(B)[(xi)], the 
     percentage of students assessed and not assessed.
       (viii)(I) Information submitted by the State educational 
     agency and each local educational agency in the State in 
     response to the following question numbers (from the 2013-14 
     list of elements spreadsheet made available by the 
     Secretary), in accordance with the 2013-2014 data collection 
     conducted pursuant to section 203(c)(1) of the Department of 
     Education Organization Act (20 U.S.C. 3413(c)(1):
       (aa) P2Q17T2, P2Q18T2;
       (bb) P2Q23T1;
       (cc) P2Q17T5, P2Q17T6, P2Q18T5, P2Q18T6;
       (dd) P2Q17T9, P2Q18T9
       (ee) PTQ30T1, P2Q31T1, P2Q31T2, P2Q31T3;
       (ff) P2Q17T8, P2Q18T8;
       (gg) P2Q10T1;
       (hh) P1Q08T1; and
       (ii) P1Q27T1, P1Q23T1, and P1Q37T1.

       (II) With respect to such data collections conducted after 
     the 2013-2014 data collection, notwithstanding any 
     modifications to question number designations from the 2013-
     14 list of elements spreadsheet, the information submitted by 
     the State educational agency and each local educational 
     agency in the State in response to question numbers 
     substantially corresponding to the 2013-2014 question number 
     designations referred to in subclause (I).

       (ix) The professional qualifications of teachers in the 
     State, including information (that shall be presented in the 
     aggregate and disaggregated by high-poverty compared to low-
     poverty schools on the number and percentage of--

       (I) inexperienced teachers, principals, and other school 
     leaders;
       (II) teachers teaching with emergency or provisional 
     credentials; and
       (III) teachers who are not teaching in the subject or field 
     for which the teacher is certified or licensed

       (x) The per-pupil expenditures of Federal, State, and local 
     funds, including actual personnel expenditures and actual 
     nonpersonnel expenditures of Federal, State, and local funds, 
     disaggregated by source of funds, for each local educational 
     agency and each school in the State for the preceding fiscal 
     year.
       (xi) The number and percentages of students with the most 
     significant cognitive disabilities that take an alternate 
     assessment under subsection (b)(2)(D), by grade and subject, 
     except that such reporting shall not be required in a case in 
     which the results would reveal personally identifiable 
     information about an individual student.
       (xii) Results on the National Assessment of Educational 
     Progress in reading and mathematics in grades 4 and 8 for the 
     State, compared to the national average.
         (xiii) where available, for each high school in the 
     State, and beginning with the report card released in 2017, 
     the cohort rate (in the aggregate, and disaggregated for each 
     subgroup of students defined in subsection (b)(3)(A), except 
     that such disaggregation shall not be required in a case in 
     which the number of students is insufficient to yield 
     statistically reliable information or the results would 
     reveal personally identifiable information about an 
     individual student) at which students who graduate from the 
     high school enroll, for the first academic year that begins 
     after the students' graduation--

       (I) in programs of public postsecondary education in the 
     State; and
       (II) if data are available and to the extent practicable, 
     in programs of private postsecondary education in the State 
     or programs of postsecondary education outside the State; and

       (xiv) Any additional information that the State believes 
     will best provide parents, students, and other members of the 
     public with information regarding the progress of each of the 
     State's public elementary schools and secondary schools, 
     which may include the number and percentage of students 
     attaining career and technical proficiencies, as defined by 
     section 113(b) of the Carl D. Perkins Career and Technical 
     Education Act of 2006 and reported by States only in a manner 
     consistent with section 113(c) of that Act.
       (D) Rules of construction.--Nothing in subparagraph 
     (C)(viii) shall be construed as requiring--
       (i) reporting of any data that are not collected in 
     accordance with section 203(c)(1) of the Department of 
     Education Organization Act (20 U.S.C. 3413(c)(1); or
       (ii) disaggregation of any data other than as required 
     under subsection [(b)(2)(B)(xi)/(xii)].
       (2) Annual local educational agency report cards.--
       (A) Preparation and dissemination.--A local educational 
     agency that receives assistance under this part shall prepare 
     and disseminate an annual local educational agency report 
     card that includes information on such agency as a whole and 
     each school served by the agency.
       (B) Data.--A local educational agency or school shall only 
     include in its annual local educational agency report card 
     data that are sufficient to yield statistically reliable 
     information, that do not reveal personally identifiable 
     information about an individual student. Each such report 
     card shall be consistent with the privacy protection under 
     section 444 of the General Education Provisions Act (20 
     U.S.C. 1232g, commonly known as the ``Family Educational 
     Rights and Privacy Act of 1974.''
       (C) Implementation.--Each local educational agency report 
     card shall be--
       (i) concise;
       (ii) presented in an understandable and uniform format, and 
     to the extent practicable, in a language that parents can 
     understand; and
       (iii) accessible to the public, which shall include--

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

       (D) Minimum requirements.--The State educational agency 
     shall ensure that each local educational agency collects 
     appropriate data and includes in the local educational 
     agency's annual report the information described in paragraph 
     (1)(C), disaggregated in the same manner as under paragraph 
     (1)(C), except for clause (xv) of such paragraph, as applied 
     to the local educational agency and each school served by the 
     local educational agency, including--
       (i) in the case of a local educational agency, information 
     that shows how students served by the local educational 
     agency achieved on the academic assessments described in 
     subsection (b)(2) compared to students in the State as a 
     whole;
       (ii) in the case of a school, information that shows how 
     the school's students' achievement on the academic 
     assessments described in subsection (b)(2) compared to 
     students served by the local educational agency and the State 
     as a whole; and
       (iii) any other information that the local educational 
     agency determines is appropriate and will best provide 
     parents, students, and other members of the public with 
     information regarding the progress of each public school 
     served by the local educational agency, whether or not such 
     information is included in the annual State report card.
       174. The Senate bill and House amendment structure 
     subparagraph (B) differently.
       See note 173.
       175. The Senate bill and House amendment have slightly 
     different wording in clause (ii)/(II).
       See note 173.
       176. The Senate bill, includes a subclause (III) on 
     dissemination which is similar to the requirement in 
     subparagraph (A) of the House amendment.
       See note 173.
       177. The Senate bill and House amendment include different 
     language on privacy. The Senate bill references FERPA and the 
     House amendment contains a broad prohibition on the data.
       See note 173.
       178. The House amendment and Senate bill have different 
     required information provisions for the report cards.
       See note 173.
       179. The Senate bill, but not the House amendment, includes 
     this rule of construction.
       See note 173.
       180. The House amendment includes a separate provision 
     permitting additional, optional information to be included on 
     the report cards. The Senate bill contains a similar 
     provision in subparagraph (C)(xxi) of the Senate bill.
       See note 173.
       181. The Senate bill and House amendment have different 
     wording for requiring annual local educational agency report 
     cards. The Senate bill, but not the House amendment, requires 
     the LEA report card to include information for the LEA as a 
     whole and individual report cards for each school served by 
     the LEA.
       See note 173.
       182. The Senate bill and House amendment include similar 
     language on privacy. The Senate bill includes a reference to 
     FERPA.
       See note 173.
       183. The Senate bill, but not the House amendment, includes 
     this implementation provision. The Senate bill includes 
     dissemination language. The Senate bill also includes a 
     subparagraph (D), and the House amendment a subparagraph (E), 
     on dissemination. See note 186.
       See note 173.
       184. The Senate bill and House amendment include different 
     minimum requirements provisions.
       See note 173.
       185. The Senate bill and House amendment include similar 
     language on other information.

[[Page H8559]]

       See note 173.
       186. The Senate bill and House amendment include similar 
     provisions on public dissemination. See note 183.
       HR with an amendment to strike ``and;'' insert after 
     ``schools'' the following:
       in a manner that is--
       (i) concise;
       (ii) presented in an understandable and uniform format, and 
     to the extent practicable, in a language that parents can 
     understand; and
       (iii) accessible to the public, which shall include--
       (I) placing such report card on the website of the local 
     educational agency and on the website of each school served 
     by the agency; and
       (II) in any case in which a local educational agency or 
     school does not operate a website, providing the information 
     to the public in another manner determined by the local 
     educational agency.
       187. The Senate bill, but not the House amendment, includes 
     this exception related to LEA report cards.
       HR
       188. The Senate and bill and House amendment, include 
     similar provisions on preexisting report cards.
       SR
       189. The Senate bill, but not the House amendment, includes 
     this cost reduction provision.
       HR
       190. The Senate bill, but not the House amendment, includes 
     this annual state report to the Secretary.
       HR with an amendment to strike and insert the following:
       (4) Annual state report to the secretary.--Each State 
     educational agency receiving assistance under this part shall 
     report annually to the Secretary, and make widely available 
     within the State--
       (A) information on the achievement of students on the 
     academic assessments required by subsection (b)(3), including 
     the disaggregated results for the subgroups of students 
     identified in subsection (c)(2);
       (B) information on the acquisition of English proficiency 
     by English learners;
       (C) the number and names of each school--
       (i) identified for comprehensive support and improvement 
     under subsection (c)(4)(D)(i); and
       (ii) implementing targeted support and improvement plans 
     under subsection (d)(2); and
       (D) information on the professional qualifications of 
     teachers in the State, including information on the number 
     and the percentage of--
       (i) Inexperienced teachers;
       (ii) Teachers teaching with emergency or provisional 
     credentials; and
       (iii) Teachers who are not teaching in the subject or field 
     for which the teacher is certified or licensed.
       191. The Senate bill, but not the House amendment, includes 
     this provision on presentation of data.
       HR with an amendment to strike ``(A) IN GENERAL --'' in 
     subparagraph (A) and strike subparagraph (B)
       192. The Senate bill, but not the House amendment, includes 
     this report to Congress.
       HR
       193. The Senate bill, but not the House amendment, includes 
     this Secretary's report card.
       SR
       194. The House amendment, but not the Senate bill, includes 
     this subsection on privacy. The Senate includes these 
     requirements in the State and local report card sections (see 
     notes 178 and 182).
       SR with an amendment to insert ``or disseminated'' after 
     collected. Strike ``and'' between collected and 
     disseminated'' and insert ``or''
       195. The Senate bill and House amendment have different 
     voluntary partnerships provisions.
       SR with amendment to strike ``,either directly or 
     indirectly,''
       196. The Senate bill and House amendment include similar 
     language on BIE schools.
       SR
       197. The House amendment and Senate bill are structured 
     differently, but both strike and replace section 1112.
       LC
       198. The Senate bill and House amendment have different 
     requirements under subsection (a)(1), including different 
     coordination requirements. With regard to the timely 
     consultation language in the Senate bill, see note 202.
       HR/SR with an amendment to insert the following:

     SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

       (a) Plans Required.--
       (1) Subgrants.--A local educational agency may receive a 
     subgrant under this part for any fiscal year only if such 
     agency has on file with the State educational agency a plan, 
     approved by the State educational agency, that--
       (A) is developed with timely and meaningful consultation 
     with teachers, principals, other school leaders, 
     paraprofessionals, specialized instructional support 
     personnel, public charter school leaders (in a local 
     educational agency that has charter schools), administrators 
     (including administrators of programs described in other 
     parts of this title), other appropriate school personnel, and 
     with parents of children in schools served under this part; 
     and
       (B) as appropriate, is coordinated with other programs 
     under this Act, the Individuals with Disabilities Education 
     Act, the Rehabilitation Act of 1973, the Carl D. Perkins 
     Career and Technical Education Act of 2006, the Workforce 
     Innovation and Opportunity Act, the Head Start Act, the 
     McKinney-Vento Homeless Assistance Act, the Adult Education 
     and Family Literacy Act, and other Acts as appropriate.
       (2) Consolidated application.--The plan may be submitted as 
     part of a consolidated application under section [9305].
       (3) State approval.--
       (A) In general.--Each local educational agency plan shall 
     be filed according to a schedule established by the State 
     educational agency.
       (B) Approval.--The State educational agency shall approve a 
     local educational agency's plan only if the State educational 
     agency determines that the local educational agency's plan--
       (i) Provides that schools served under this part enable 
     children served under this part to meet the challenging State 
     academic standards described in section 1111(b)(1); and
       (ii) Meets the requirements of this section.
       (4) Duration.--Each local educational agency plan shall be 
     submitted for the first year for which this part is in effect 
     following the date of enactment of the Every Student Succeeds 
     Act of 2015 and shall remain in effect for the duration of 
     the agency's participation under this part.
       (5) Review.--Each local educational agency shall 
     periodically review and, as necessary, revise its plan.
       (6) Rule of Construction.--Consultation required under 
     subsection (a)(1)(A) shall not interfere with the timely 
     submission of the plan required under this section.
       (b) Plan Provisions.--To ensure that all children receive a 
     high-quality education, and to close the achievement gap 
     between children meeting the challenging State academic 
     standards and those who are not, each local educational 
     agency plan shall describe--
       (1) how the local educational agency will monitor students' 
     progress in meeting the challenging State academic standards 
     by--
       (A) developing and implementing a well-rounded program of 
     instruction to meet the academic needs of all students;
       (B) identifying students who may be at risk for academic 
     failure;
       (C) providing additional educational assistance to 
     individual students determined as needing help in meeting the 
     challenging State academic standards; and
       (D) identifying and implementing [evidence-based] methods 
     and instructional strategies intended to strengthen academic 
     programs and improve school conditions for student learning;
       Report Language: ``The Conferees intend that using funds to 
     improve school conditions for student learning might also 
     include reducing incidences of violence, drug and alcohol use 
     and abuse, and chronic absenteeism (including both excused 
     and unexcused absences). It is the Conferees further intent 
     that States support local educational agencies to reduce 
     these incidences at the school level.''
       (3) how the local educational agency will identify and 
     address, as required under State plans as described in 
     section 1111(c)(1)(B), any disparities that result in low-
     income students and minority students being taught at higher 
     rates than other students by ineffective, inexperienced, and 
     out-of-field teachers;
       (2) how the local educational agency will carry out its 
     responsibilities under paragraphs (1) and (2) of section 
     1111(d);
       (3) the poverty criteria that will be used to select school 
     attendance areas under section 1113;
       (4) in general, the nature of the programs to be conducted 
     by such agency's schools under sections 1114 and 1115 and, 
     where appropriate, educational services outside such schools 
     for children living in local institutions for neglected or 
     delinquent children, and for neglected and delinquent 
     children in community day school programs;
       (5) the services the local educational agency will provide 
     homeless children and youths, including services provided 
     with funds reserved under section 1113[(c)(3)(A)] to support 
     the enrollment, attendance, and success of homeless children 
     and youths, in coordination with the services the local 
     educational agency is providing under the McKinney-Vento 
     Homeless Assistance Act;
       (6) the strategy the local educational agency will use to 
     implement effective parent and family engagement under 
     section [1115];
       (7) if applicable, how the local educational agency will 
     support, coordinate, and integrate services provided under 
     this part with early childhood education programs at the 
     local educational agency or individual school level, 
     including plans for the transition of participants in such 
     programs to local elementary school programs;
       (8) how teachers and school leaders, in consultation with 
     parents, administrators, paraprofessionals, and specialized 
     instructional support personnel, in schools operating a 
     targeted assistance school program under section 1115, will 
     identify the eligible children most in need of services under 
     this part;
       (9) how the local educational agency will implement 
     strategies to facilitate effective transitions for students 
     from middle grades to high school and from high school to 
     postsecondary education including, if applicable, through 
     coordination with institutions of higher education, 
     employers, and other local partners and through increased 
     student access to early college high school or dual or

[[Page H8560]]

     concurrent enrollment opportunities, or career counseling to 
     identify student interests and skills;
       (10) how the local educational agency will support efforts 
     to reduce the overuse of discipline practices that remove 
     students from the classroom, which may include identifying 
     and supporting schools with high rates of discipline, 
     disaggregated by each of the subgroups of students, as 
     defined in section 1111(c)(2);
       (11) if determined appropriate by the local educational 
     agency, how such agency will support programs that coordinate 
     and integrate--
       (A) academic and career and technical education content 
     through coordinated instructional strategies, that may 
     incorporate experiential learning opportunities and promote 
     skills attainment important to in-demand occupations or 
     industries in the State;
       (B) work-based learning opportunities that provide students 
     in-depth interaction with industry professionals and, if 
     appropriate, academic credit, and
       (12) any other information on how the local educational 
     agency proposes to use funds to meet the purposes of this 
     part, and that the local educational agency determines 
     appropriate to provide, which may include how the local 
     educational agency will--
       (A) assist schools in identifying and serving gifted and 
     talented students;
       (B) assist schools in developing effective school library 
     programs to provide students an opportunity to develop 
     digital literacy skills and improve academic achievement.
       Report Language: ``The Conferees intend that local 
     educational agencies may choose to use Title I money for many 
     innovative initiatives to provide students a well-rounded 
     education, which may include supporting gifted and talented 
     students, expanding access to Advanced Placement or 
     International Baccalaureate programs, or using funds to 
     support efforts to expand and replicate successful practices 
     from high-performing charter schools, magnet schools, and 
     traditional public schools.''
       (c) Assurances.--Each local educational agency plan shall 
     provide assurances that the local educational agency will--
       (1) ensure that migratory children and formerly migratory 
     children who are eligible to receive services under this part 
     are selected to receive such services on the same basis as 
     other children who are selected to receive services under 
     this part;
       (2) provide services to eligible children attending private 
     elementary schools and secondary schools in accordance with 
     section [1120], and timely and meaningful consultation with 
     private school officials regarding such services;
       (3) participate, if selected, in the National Assessment of 
     Educational Progress in reading and mathematics in grades 4 
     and 8 carried out under section 303(b)(3) of the National 
     Assessment of Educational Progress Authorization Act;
       (4) coordinate and integrate services provided under this 
     part with other educational services at the local educational 
     agency or individual school level, such as services for 
     English learners, children with disabilities, migratory 
     children, American Indian, Alaska Native, and Native Hawaiian 
     children, and homeless children, in order to increase program 
     effectiveness, eliminate duplication, and reduce 
     fragmentation of the instructional program;
       (5) collaborate with the State or local child welfare 
     agency to--
       (A) designate a point of contact if the corresponding child 
     welfare agency notifies the local educational agency, in 
     writing, that the agency has designated an employee to serve 
     as a point of contact for the local educational agency; and
       (B) by not later than 1 year after the date of enactment of 
     the [Every Student Succeeds Act of 2015, develop and 
     implement clear written procedures governing how 
     transportation to maintain children in foster care in their 
     school of origin when in their best interest will be 
     provided, arranged, and funded for the duration of the time 
     in foster care, which procedures shall--
       (i) ensure that children in foster care needing 
     transportation to the school of origin will promptly receive 
     transportation in a cost-effective manner and in accordance 
     with section 475(4)(A) of the Social Security Act (42 U.S.C. 
     675(4)(A)); and
       (ii) ensure that, if there are additional costs incurred in 
     providing transportation to maintain children in foster care 
     in their schools of origin, the local educational agency will 
     provide transportation to the school of origin if--

       (I) the local child welfare agency agrees to reimburse the 
     local educational agency for the cost of such transportation;
       (II) the local educational agency agrees to pay for the 
     cost of such transportation; or
       (III) the local educational agency and the local child 
     welfare agency agree to share the cost of such 
     transportation; and

       (6) ensure that all teachers and paraprofessionals working 
     in a program supported with funds under this part meet 
     applicable State certification and licensure requirements, 
     including alternative certification requirements;
       (7) in the case of a local educational agency that chooses 
     to use funds under this part to provide [early childhood 
     education] services to low-income children below the age of 
     compulsory school attendance, ensure that such services 
     comply with the performance standards established under 
     section 641A(a) of the Head Start Act;
       199. The Senate bill and House amendment have identical 
     consolidated application provisions, except the Senate bill 
     references section 9305 and the House amendment references 
     section 6305.
       See note 198.
       200. The Senate bill and House amendment include similar 
     language on State review and approval. The House amendment 
     includes this language as subsection (f).
       See note 198.
       201. The House amendment, but not the Senate bill, includes 
     this language on State review.
       See note 198.
       202. The House amendment includes consultation language as 
     subsection (e)(1).
       See note 198.
       203. The Senate bill and House amendment include similar 
     duration language.
       See note 198.
       204. The Senate bill and House amendment have different 
     review provisions.
       See note 198.
       205. The Senate bill, but not the House amendment, includes 
     this renewal provision.
       See note 198.
       206. The Senate bill and House amendment have different 
     lead-ins to paragraph (1).
       See note 198.
       207. The Senate bill and House amendment have different 
     plan provisions.
       See note 198.
       208. The Senate bill, but not the House amendment, has 
     language on teacher qualifications.
       See note 198.
       209. The Senate bill and House amendment have different 
     language on disparities in access to effective teachers.
       See note 198.
       210. The Senate bill and House amendment have different 
     requirements for how local educational agencies will 
     implement the bill's school improvement and intervention 
     requirements.
       See note 198.
       211. The Senate bill and House amendment have similar 
     provisions related to operation of Title I programs.
       See note 198.
       212. The House amendment includes this provision on migrant 
     children. The Senate bill includes similar language as an 
     assurance. See note 225.
       See note 198.
       213. The Senate bill and House amendment use different 
     section references.
       See note 198.
       214. The Senate bill and House amendment have similar 
     language on family engagement with different section 
     references.
       See note 198.
       215. The Senate bill and House amendment have different 
     language on preschool programs.
       See note 198.
       216. The Senate bill and House amendment have different 
     coordination language.
       See note 198.
       217. The Senate bill and House amendment have similar 
     language about identifying students in targeted assistance 
     schools.
       See note 198.
       218. The Senate bill, but not the House amendment, includes 
     this language on multi-tiered systems of support.
       See note 198.
       219. The Senate bill, but not the House amendment, includes 
     language on providing opportunities for homeless children and 
     youths.
       See note 198.
       220. The Senate bill, but not the House amendment, includes 
     this provision on transitions from middle to high school and 
     high school to postsecondary education. The House amendment 
     includes a similar provision in paragraph (15) of the House 
     amendment. See note 223.
       See note 198.
       221. The Senate bill, but not the House amendment, includes 
     provisions on discipline, school climate, and expectant and 
     parenting students.
       See note 198.
       222. The Senate bill and House amendment have different 
     language on career and technical education.
       See note 198.
       223. The House amendment, but not the Senate bill, includes 
     language on Advanced Placement and International 
     Baccalaureate programs, school counselors, and before-school, 
     after-school, and summer school programs. The Senate bill 
     includes a related provision in paragraph (14) of the Senate 
     bill. See note 220.
       See note 198.
       224. The Senate bill, but not the House amendment, includes 
     language on additional information related to gifted and 
     talented students, school libraries, and well-rounded 
     education.
       See note 198.
       225. The Senate bill includes a provision on migratory 
     children. See note 212.
       See note 198.
       226. The Senate bill and House amendment include similar 
     language on private school students.
       See note 198.
       227. The Senate bill and House amendment include similar 
     language on participation in NAEP.
       See note 198.
       228. The Senate bill and House amendment have different 
     assurances.
       See note 198.
       229. The House amendment, but not the Senate bill, includes 
     this special rule relating to Head Start performance 
     standards.

[[Page H8561]]

       SR with an amendment to insert before the period in (2) 
     ``including pursuing the availability of other federal, 
     state, and local funding sources to assist in compliance in 
     such paragraph.''
       230. The Senate bill includes this language on parents 
     right-to-know. The House amendment includes similar language 
     in Title II, section 2402.
       HR/SR with an amendment to read as follows:
       (d) Parents Right-to-know--
       (1) Information for Parents--
       (A) In general.--At the beginning of each school year, a 
     local educational agency that receives funds under this part 
     shall notify the parents of each student attending any school 
     receiving funds under this part that the parents may request, 
     and the agency will provide the parents on request (and in a 
     timely manner), information regarding the professional 
     qualifications of the student's classroom teachers, including 
     at a minimum, the following:
       (i) Whether the student's teacher--

       (I) has met State qualification and licensing criteria for 
     the grade levels and subject areas in which the teacher 
     provides instruction;
       (II) is teaching under emergency or other provisional 
     status through which State qualification or licensing 
     criteria have been waived; and
       (III) is teaching in the field of discipline of the 
     certification of the teacher and;

       (ii) Whether the child is provided services by 
     paraprofessionals and, if so, their qualifications.
       (B) Additional information.--In addition to the information 
     that parents may request under subparagraph (A), a school 
     that receives funds under this part shall provide to each 
     individual parent of a child who is a student in such school, 
     with respect to such student--

       (i) information on the level of achievement and academic 
     growth of the student, if applicable and available, on each 
     of the State academic assessments required under this part; 
     and
       (ii) timely notice that the student has been assigned, or 
     has been taught for 4 or more consecutive weeks by, a teacher 
     who does not meet applicable State certification or licensure 
     requirements at the grade level and subject area in which the 
     teacher has been assigned.

       (2) Testing transparency.--
       (A) In general--At the beginning of each school year, a 
     local educational agency that receives funds under this part 
     shall notify the parents of each student attending any school 
     receiving funds under this part that the parents may request, 
     and the agency will provide the parents on request (and in a 
     timely manner), information regarding any State or local 
     educational agency policy regarding student participation in 
     any assessments mandated by Sec. 1111(b)(2) and by the State 
     or local educational agency, which shall include a policy, 
     procedure, or parental right to opt the child out of such 
     assessment, where applicable.
       (B) Additional information.--Subject to subparagraph (C), 
     each local educational agency that receives funds under this 
     part shall make widely available through public means 
     (including by posting in a clear and easily accessible manner 
     on the local educational agency's website and, where 
     practicable, on the website of each school served by the 
     local educational agency) for each grade served by the local 
     educational agency, information on each assessment required 
     by the State to comply with section 1111, other assessments 
     required by the State, and where such information is 
     available and feasible to report, assessments required 
     districtwide by the local educational agency, including--

       (i) the subject matter assessed;
       (ii) the purpose for which the assessment is designed and 
     used;
       (iii) the source of the requirement for the assessment; and
       (iv) where such information is available--
       (I) the amount of time students will spend taking the 
     assessment, and the schedule for the assessment; and
       (II) the time and format for disseminating results.

       (C) Local educational agency that does not operate a 
     website.--In the case of a local educational agency that does 
     not operate a website, such local educational agency shall 
     determine how to make the information described in 
     subparagraph (A) widely available, such as through 
     distribution of that information to the media, through public 
     agencies, or directly to parents.)
       Report Language: ``The Conferees intend that when a local 
     educational agency reports on the schedule of assessments 
     that are required districtwide by such agency, such 
     information will include both the time of day, if known by 
     the local educational agency at the time of notification, and 
     the date or dates within the school year the assessments will 
     be administered.''
       231. The Senate bill includes this additional information 
     in the parents right-to-know. The House amendment includes 
     similar language in section 1111(h)(4). With regard to 
     subparagraph (B) of the House amendment, see note 237.
       See note 230.
       232. The Senate bill, but not the House amendment, includes 
     this language on timely notice.
       See note 230.
       See 233. The Senate bill, but not the House amendment, 
     includes this language on testing transparency.
       See note 230.
       234. The Senate bill and House amendment include similar 
     language on language instruction.
       HR/SR with an amendment to strike and replace to read as 
     follows:
       (3) Language instruction.--
       (A) Notice.--Each local educational agency using funds 
     under this part or title III to provide a language 
     instruction educational program as determined under title III 
     shall, not later than 30 days after the beginning of the 
     school year, inform parents of an English learner identified 
     for participation or participating in such a program, of--
       (i) the reasons for the identification of their child as an 
     English learner and in need of placement in a language 
     instruction educational program;
       (ii) the child's level of English proficiency, how such 
     level was assessed, and the status of the child's academic 
     achievement;
       (iii) the methods of instruction used in the program in 
     which their child is, or will be, participating and the 
     methods of instruction used in other available programs, 
     including how such programs differ in content, instructional 
     goals, and the use of English and a native language in 
     instruction;
       (iv) how the program in which their child is, or will be, 
     participating will meet the educational strengths and needs 
     of their child;
       (v) how such program will specifically help their child 
     learn English and meet age-appropriate academic achievement 
     standards for grade promotion and graduation;
       (vi) the specific exit requirements for the program, 
     including the expected rate of transition from such program 
     into classrooms that are not tailored for English learners, 
     and the expected rate of graduation from high school 
     (including 4-year adjusted cohort graduation rates and 
     extended-year adjusted cohort graduation rates for such 
     program) if funds under this part are used for children in 
     high schools;
       (vii) in the case of a child with a disability, how such 
     program meets the objectives of the individualized education 
     program of the child, as described in section 614(d) of the 
     Individuals with Disabilities Education Act; and (viii) 
     information pertaining to parental rights that includes 
     written guidance--

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

       (B) Special rule applicable during the school year.--For 
     those children who have not been identified as English 
     learners prior to the beginning of the school year but are 
     identified as English learners during such school year, the 
     local educational agency shall notify the children's parents 
     during the first 2 weeks of the child being placed in a 
     language instruction educational program consistent with 
     subparagraph (A).
       (C) Parental participation.--Each local educational agency 
     receiving funds under this part shall implement an effective 
     means of outreach to parents of English learners to inform 
     the parents regarding how the parents can be involved in the 
     education of their children, and be active participants in 
     assisting their children to attain English proficiency, 
     achieve at high levels in core academic subjects, and meet 
     the challenging State academic standards expected of all 
     students, including holding, and sending notice of 
     opportunities for, regular meetings for the purpose of 
     formulating and responding to recommendations from parents of 
     students assisted under this part or title III.
       (D) Basis for admission or exclusion.--A student shall not 
     be admitted to, or excluded from, any federally assisted 
     education program on the basis of a surname or language-
     minority status.
       (3) Notice and format.--The notice and information provided 
     to parents under this subsection shall be in an 
     understandable and uniform format and, to the extent 
     practicable, provided in a language that the parents can 
     understand.
       235. The Senate bill and House amendment include different 
     language on format and language.
       See note 234.
       236. The Senate bill applies the language to all of 
     subsection (d). The House amendment applies the language only 
     to parental notification regarding language instruction.
       See note 234.
       237. The House amendment includes other format language in 
     section 1111(h)(4)(B). See note 231.
       See note 234.
       238. The Senate bill includes a new section 1114 dealing 
     with school identification, interventions, and support. The 
     House amendment repeals sections 1116 and 1117 dealing with 
     school improvement, support, and recognition.
       SR
       239. The Senate bill, but not the House amendment, includes 
     grants for school interventions and support. See note 35.
       SR
       240. The Senate bill includes this rule of construction. 
     The House amendment includes nearly identical language in a 
     section 1405 in the general provisions of Title I. The Senate 
     bill language applies to section 1114

[[Page H8562]]

     of the Senate bill. The House amendment language applies to 
     all of Title I.
       SR
       241. The Senate bill strikes section 1119 and redesignates 
     sections. The House amendment maintains and makes changes to 
     subsections of section 1119 dealing with paraprofessionals.
       HR
       242. The Senate bill and House amendment have different 
     section headings.
       LC
       243. The Senate bill, but not the House amendment, 
     redesignates section 1120A as section 1117.
       LC
       244. The House amendment, but not the Senate bill, makes a 
     technical change throughout.
       HR
       245. The House amendment, but not the Senate bill, strikes 
     subsection (a).
       HR
       246. The Senate bill, but not the House amendment, rewrites 
     subsection (b).
       HR with an amendment to strike ``establish any criterion 
     that specifies, defines, or prescribes'' and insert 
     ``prescribe'' in paragraph (4).
       247. The Senate bill and House amendment have different 
     section headings.
       LC
       248. The Senate bill, but not the House amendment, 
     redesignates section 1120B as section 1118.
       LC
       249. The House amendment, but not the Senate bill, makes a 
     technical change throughout.
       HR
       250. The Senate bill and House amendment make similar 
     changes to subsection (a).
       SR
       251. The Senate bill and House amendment make similar 
     changes to subsection (b).
       HR
       252. The Senate bill and House amendment have different 
     section numbers.
       HR/SR with an amendment to strike and replace with the 
     following:

     [SEC. 1XXX]. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY 
                   OF THE INTERIOR.'' AND THAT FOLLOWS THROUGH 
                   PARAGRAPH (3) AND INSERT THE FOLLOWING:

       SEC. XXX. Section 1121 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6331) is amended to read as 
     follows:

     SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF 
                   THE INTERIOR.

       (a) Reservation of Funds.--From the amount appropriated for 
     payments to States for any fiscal year under section 1002(a), 
     the Secretary shall--
       (1) reserve 0.4 percent to provide assistance to the 
     outlying areas in accordance with subsection (b); and
       (2) reserve 0.7 percent to provide assistance to the 
     Secretary of the Interior in accordance with subsection (d).
       (b) Assistance to Outlying Areas.--(1) Funds reserved.--
     From the amount made available for any fiscal year under 
     subsection (a)(1), the Secretary shall--
       (A) first reserve $1 million for the Republic of Palau, 
     until Palau enters into an agreement for extension of United 
     States educational assistance under the Compact of Free 
     Association, and subject to such terms and conditions as the 
     Secretary may establish, except that Public Law 95-134, 
     permitting the consolidation of grants, shall not apply; and
       (B) use the remaining funds to award grants to the outlying 
     areas in accordance with paragraphs (2) through (5).
       (2) Amount of grants.--The Secretary shall allocate the 
     amount available under paragraph (1)(B) to the outlying areas 
     in proportion to their relative numbers of children, aged 5 
     to 17, inclusive, from families below the poverty level, on 
     the basis of the most recent satisfactory data available from 
     the Department of Commerce.
       (3) Hold-harmless amounts. For each fiscal year, the amount 
     made available to each outlying area 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 paragraph (2) is not less than 30 percent of 
     the total number of children aged 5 to 17 years, inclusive, 
     in the outlying area;
       (B) not less than 90 percent of the amount made available 
     for the preceding fiscal year if the percentage described in 
     subparagraph (A) is between 15 percent and 30 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 below 15 percent.
       (4) Ratable reductions. If the amount made available under 
     paragraph (1)(B) for any fiscal year is insufficient to pay 
     the full amounts that the outlying areas are eligible to 
     receive under paragraphs (2) and (3) for that fiscal year, 
     the Secretary shall ratably reduce those amounts.
       (5) Uses.--Grant funds awarded under this subsection may be 
     used only----
       (A) for programs described in this Act, including teacher 
     training, curriculum development, instructional materials, or 
     general school improvement and reform; and
       (B) to provide direct educational services that assist all 
     students with meeting challenging State academic content 
     standards.
       (c) Definition.--For the purpose of subsections (a) and 
     (b), the term ``outlying area'' means the United States 
     Virgin Islands, Guam, American Samoa, and the Commonwealth of 
     the Northern Mariana Islands.
       (d) Allotment to the Secretary of the Interior.--
       (1) In General. The amount allotted for payments to the 
     Secretary of the Interior under subsection (a)(2) for any 
     fiscal year shall be used, in accordance with such criteria 
     as the Secretary may establish, to meet the special 
     educational needs of--
       (A) Indian children on reservations served by elementary 
     schools and secondary schools for Indian children operated or 
     supported by the Department of the Interior; and
       (B) out-of-State Indian children in elementary schools and 
     secondary schools in local educational agencies under special 
     contracts with the Department of the Interior.
       (2) Payments.--From the amount allotted for payments to the 
     Secretary of the Interior under subsection (a)(2), the 
     Secretary of the Interior shall make payments to local 
     educational agencies, on such terms as the Secretary 
     determines will best carry out the purposes of this part, 
     with respect to out-of-State Indian children described in 
     paragraph (1). The amount of such payment may not exceed, for 
     each such child, the greater of--
       (A) 40 percent of the average per-pupil expenditure in the 
     State in which the agency is located; or
       (B) 48 percent of such expenditure in the United States.
       (e) Limitation on Applicability.--If, by reason of the 
     application of subsection(a) in any fiscal year, the amount 
     available for allocation to all States under this [part/
     subpart] would be less than the amount allocated to States 
     for fiscal year 2016, the Secretary shall provide assistance 
     to the Outlying Areas and the Secretary of the Interior in 
     accordance with this section, as in effect before the 
     enactment of the Every Student Succeeds Act of 2015''.
       253. The House amendment, but not the Senate bill, changes 
     section references to reflect restructuring of the House 
     amendment. The Senate bill and House amendment eliminate 
     reference to section 1125A(f). See note 286.
       See note 252.
       254. The House amendment, but not the Senate bill, changes 
     the Act reference.
       See note 252.
       255. The House amendment, but not the Senate bill, strikes 
     the requirement for consideration of recommendations from the 
     Pacific Region Educational Laboratory.
       See note 252.
       256. The Senate bill and House amendment make similar 
     changes to language regarding standards.
       See note 252.
       257. The House amendment, but not the Senate bill, strikes 
     the administrative costs for the Pacific Region Educational 
     Laboratory.
       See note 252.
       258. The House amendment, but not the Senate bill, makes a 
     technical change.
       See note 252.
       259. The Senate bill and House amendment have different 
     section numbers.
       LC
       260. The Senate bill and House amendment rewrite subsection 
     (a) in different ways.
       SR with an amendment to strike and replace with the 
     following:

     SEC. [124]. ALLOCATIONS TO STATES.

       Section 1122 (20 U.S.C. 6332) is amended--
       (1) in subsection (a)--
       (A) in the lead-in to paragraph (1), by striking ``2002-
     2007'' and inserting ``2017-2020''; and
       (B) by striking paragraph (3) and inserting:
       (3) an amount equal to 100 percent of the amount, if any, 
     by which the total amount made available under this 
     subsection for the current fiscal year for which the 
     determination is made exceeds the total amount available to 
     carry out sections 1124 and 1124A for fiscal year 2001 shall 
     be used to carry out sections 1125 and 1125A and such amount 
     shall be divided equally between sections 1125 and 1125A.
       261. The Senate bill, but not the House amendment, change 
     ``2001'' to ``2015'' most places.
       SR 262.
       262. The House amendment, but not the Senate bill, requires 
     the amounts to be divided equally between sections 1125 and 
     1125A.
       SR
       263. The House amendment, but not the Senate bill, includes 
     a technical edit.
       HR
       264. The Senate bill, but not the House amendment, makes 
     this change to the section references.
       SR
       265. The Senate bill, but not the House amendment, includes 
     changes to subsection (b)(2).
       SR
       266. The Senate bill, but not the House amendment, makes a 
     change to subsection (c)(1).
       SR
       267. The House amendment, but not the Senate bill, makes a 
     technical change.
       HR
       268. The House amendment, but not the Senate bill, makes a 
     technical change.
       HR
       269. The Senate bill, but not the House amendment, makes a 
     change regarding section references.
       SR
       270. The Senate bill, but not the House amendment, includes 
     this new section 1123.
       SR
       271. The House amendment, but not the Senate bill, makes 
     technical changes to section 1124 consistent with the 
     restructuring of the House amendment.

[[Page H8563]]

       HR
       272. The House amendment, but not the Senate bill, makes 
     changes to section 1125.
       HR
       273. The Senate bill and House amendment have different 
     section numbers and headings.
       LC
       274. The Senate bill makes a technical change in a section 
     reference in subsection (b). The House amendment restates 
     subsection (b) of current law as subsection (a) but makes no 
     changes.
       SR on Senate change in subsection (b)
       SR on restating subsection (b) as subsection (a), with an 
     amendment to strike: ``Sec.  1125AA. Adequacy of Funding to 
     Local Educational Agencies in Fiscal Years After Fiscal Year 
     2001. (a) Limitation of Allocation.--Pursuant'' and insert: 
     ``Sec.  1125AA. Adequacy of Funding to Local Educational 
     Agencies in Fiscal Years After Fiscal Year 2001.--Pursuant''
       275. The House amendment, but not the Senate bill, rewrites 
     as subsection (b) the findings in subsection (a) of current 
     law.
       HR with an amendment to strike subsection (b)
       276. The Senate bill and House amendment have different 
     section numbers.
       LC
       277. The House amendment, but not the Senate bill, makes a 
     technical change throughout.
       HR
       278. The Senate bill, but not the House amendment, makes a 
     technical edit in subsection (a).
       HR with an amendment to strike the Senate language and 
     insert the following:
       ``(1) in subsection (a), by striking `funds appropriated 
     under subsection (f)' and inserting `funds made available 
     under section 1122(a)';''
       279. The Senate bill and House amendment make different 
     technical edits in subsection (b)
       SR
       280. The Senate bill, but not the House amendment, makes 
     technical edits to subsections (c) and (d).
       HR
       281. The House amendment, but not the Senate bill, strikes 
     subsections (a), (e), and (f), and redesignates. See notes 
     285 and 286.
       HR
       282. The House amendment, but not the Senate bill, makes 
     further technical changes to subsection (b), as redesignated 
     above.
       SR with an amendment to strike ``in subsection (b), as so 
     redesignated,'' and inserting ``in subsection (c)''
       283. The House amendment, but not the Senate bill, makes 
     changes to subsection (c).
       HR
       284. The House amendment, but not the Senate bill, adds a 
     subsection (e) regarding application of provisions in this 
     section.
       HR
       285. The Senate bill, but not the House amendment, rewrites 
     subsection (e). See note 281.
       HR
       286. The Senate bill and House amendment strike subsection 
     (f). See note 281.
       LC
       287. The Senate bill, but not the House amendment, makes 
     technical changes to subsection (f) as redesignated above.
       HR
       288. The Senate bill, but not the House amendment, makes a 
     technical change throughout section 1126.
       SR
       289. The House amendment, but not the Senate bill, makes a 
     technical edit throughout section 1127.
       HR
       290. The House amendment, but not the Senate bill, includes 
     this new section 1128.
       HR

     SEC.  1113

       1. The Senate bill combines sections 1113, 1114, and 1115 
     of current law into section 1113. The House amendment amends 
     section 1113 and maintains separate sections 1114 and 1115.
       SR
       2. The House amendment, but not the Senate bill, changes 
     references to ``part'' to be consistent with structural 
     changes in Title I in the House amendment.
       LC
       3. The Senate bill restructures to make the eligible 
     attendance areas a subsection (a) to reflect the new 
     structure of this section. The Senate bill changes section, 
     paragraph, etc. references throughout to reflect this change.
       SR
       4. The Senate bill has slight wording differences in the 
     lead-in to clause (i).
       LC
       5. The Senate bill, but not the House amendment, 
     restructures subparagraph (C) to reflect the new clause (ii). 
     See note 7.
       SR
       6. The Senate bill, but not the House amendment, includes a 
     50 percent concentration requirement for high schools.
       SR with an amendment to strike the period at the end of (B) 
     and insert a semicolon and insert ``(C) Exception--A local 
     educational agency may lower the threshold in subclause (I) 
     to 50 percent for high schools served by such agency.''
       7. The Senate bill, but not the House amendment, adds 
     language creating a rule of construction for the new 
     requirement in the Senate bill related to high schools.
       SR
       8. The Senate bill, but not the House amendment, 
     restructures subparagraph (E) in order to add the new clause 
     (ii) related to secondary schools. See note 10.
       HR
       9. The Senate bill, but not the House amendment, includes 
     minor wording changes.
       HR with an amendment to strike ``established under title 
     XIX of the Social Security Act''.
       10. The Senate bill, but not the House amendment, adds a 
     new provision to allow a LEA to use a feeder pattern to 
     determine the number of students from low-income families in 
     high schools.
       HR with amendment to insert ``after meeting the conditions 
     in clause (iii)'' after ``which shall be'' and insert a new 
     clause (iii) to read as follows:
       (iii) Measure of poverty.--The local educational agency 
     shall have the option to use the measure of poverty described 
     in clause (ii)(II) after conducting outreach to secondary 
     schools within such agency regarding the ability to calculate 
     poverty as described in such clause and after a majority of 
     secondary schools in the local educational agency have 
     approved such measure.
       11. The Senate bill, but not the House amendment, changes a 
     paragraph reference in subparagraph (A) to reflect the 
     different structure in the Senate bill.
       SR
       12. The Senate bill, but not the House amendment, changes 
     this reference from section 1120A(c) to section 1117(c) to 
     reflect restructuring in the Senate bill.
       SR with an amendment to strike ``1117(c) and insert 
     ``1118(c)''
       13. The Senate bill, but not the House amendment, changes 
     the reference from sections 1114 and 1115 to ``this section'' 
     in subclause (II) to reflect the restructuring in the Senate 
     bill.
       SR
       14. The Senate bill, but not the House amendment, changes 
     the reference from subsections to paragraphs to reflect the 
     restructuring in the Senate bill.
       HR
       15. The Senate bill, but not the House amendment, changes 
     ``paragraph'' to ``clause''.
       SR
       16. The House amendment, but not the Senate bill, changes 
     the reference to ``subpart 2'' to reflect restructuring.
       HR
       17. The House amendment, but not the Senate bill, changes 
     the reference to section 1116(b).
       SR with an amendment to strike ``school improvement, 
     corrective action, and restructuring under section 1116(b)'' 
     and insert ``comprehensive support and improvement activities 
     or targeted support and improvement activities under section 
     1111(d)''
       18. The Senate bill, but not the House amendment, 
     eliminates the financial incentives and rewards reservation.
       SR
       19. The Senate bill, but not the House amendment, 
     restructures the reservation of funds. The House amendment 
     makes no changes to this provision in current law.
       HR
       20. The Senate bill, but not the House amendment, strikes 
     ``who do not attend participating schools'' in clause (i).
       HR
       21. The Senate bill, but not the House amendment, allows 
     this reservation of funds to be determined based on a needs 
     assessment of homeless children and youth.
       HR with an amendment to redesginate ``(B)'' as ``(C)'' and 
     insert the following:
       (B) Method of determination.--The share of funds determined 
     under subparagraph (A) shall be determined--
       (i) based on the total allocation received by the local 
     educational agency; and
       (ii) prior to any allowable expenditures of transfers by 
     the local educational agency; and
       (C) Homeless children and youth
       22. The Senate bill, but not the House amendment, includes 
     this language on reserving funds for early childhood 
     education.
       HR
       23. The Senate bill, but not the House amendment, requires 
     school districts to determine whether schools operate 
     schoolwide or targeted assistance programs based on a needs 
     assessment.
       SR
       24. The Senate bill combines section 1114 into section 1113 
     as subsection (c) and changes section, paragraph, etc. 
     references accordingly. The House amendment amends section 
     1114.
       SR
       25. The Senate bill, but not the House amendment, changes 
     the headings of subsection (a) and subsection (a)(1) of 
     current law (or paragraph (1) and paragraph (1)(A) of the 
     Senate bill).
       LC
       26. The House amendment, but not the Senate bill, changes 
     references to ``part'' throughout.
       LC
       27. The House amendment removes the 40 percent threshold. 
     The Senate bill allows schools below the 40 percent threshold 
     to operate schoolwide programs if the local educational 
     agency allows it based on the needs assessment.
       HR with an amendment to strike ``if'' and all that follows 
     through the end and insert ``if the school receives a waiver 
     from the State educational agency to do so, after taking into 
     account how a schoolwide program will best serve the needs of 
     the students in the school served under this part in 
     improving academic achievement and other factors''

[[Page H8564]]

       (c) Schoolwide Programs.--
       (1) In general.--
       (A) Eligibility.--A local educational agency may 
     consolidate and use funds under this part, together with 
     other Federal, State, and local funds, in order to upgrade 
     the entire educational program of a school that serves an 
     eligible school attendance area in which not less than 40 
     percent of the children are from low-income families, or not 
     less than 40 percent of the children enrolled in the school 
     are from such families.
       (B) Exception.--A school that serves an eligible school 
     attendance area in which less than 40 percent of the children 
     are from low-income families, or a school for which less than 
     40 percent of the children enrolled in the school are from 
     such families, may operate a schoolwide program under this 
     section if the school--
       (i) receives a waiver from the State educational agency to 
     do so after taking into account how;
       (ii) a schoolwide program will best serve the needs of the 
     students in the school served under this part in improving 
     academic achievement and other factors.
       The Senate bill, but not the House amendment, rewrites 
     section 1114(b) of current law as a new paragraph (2). The 
     House amendment maintains section 1114(b) of current law but 
     makes changes.
       SR on maintaining section 1114. HR/SR with an amendment to 
     strike (2) and insert the following:
       (2) Schoolwide program plan.--An eligible school operating 
     a schoolwide program shall develop (or amend a plan for such 
     a program that was in existence on the day before the date of 
     enactment of the Every Student Succeeds Act a comprehensive 
     plan, in consultation with the local educational agency, to 
     the extent feasible, tribes and tribal organizations present 
     in the community, and other individuals as determined by the 
     school, that--
       (A) is developed during a 1-year period, unless--
       (i) the local educational agency determines in consultation 
     with the school that less time is needed to develop and 
     implement the schoolwide program; or
       (ii) the school is operating a schoolwide program on the 
     day before the date of enactment of the Every Student 
     Succeeds Act, in which case such school may continue to 
     operate such program, but shall develop amendments to its 
     existing plan during the first year of assistance after that 
     date to reflect the provisions of this section;
       (B) is developed with the involvement of parents and other 
     members of the community to be served and individuals who 
     will carry out such plan, including teachers, principals, 
     other school leaders, paraprofessionals present in the 
     school, and administrators (including administrators of 
     programs described in other parts of this title), and, if 
     appropriate, specialized instructional support personnel, 
     technical assistance providers, school staff, and, if the 
     plan relates to a secondary school, students;
       (C) remains in effect for the duration of the school's 
     participation under this part, except that the plan and its 
     implementation shall be regularly monitored and revised as 
     necessary based on student needs to ensure that all students 
     are provided opportunities to meet the challenging State 
     academic standards;
       (D) is available to the local educational agency, parents, 
     and the public, and the information contained in such plan 
     shall be in an understandable and uniform format and, to the 
     extent practicable, provided in a language that the parents 
     can understand;
       (E) if appropriate and applicable, is developed in 
     coordination and integration with other Federal, State, and 
     local services, resources, and programs, such as programs 
     supported under this Act, violence prevention programs, 
     nutrition programs, housing programs, Head Start programs, 
     adult education programs, career and technical education 
     programs, and interventions and supports for schools 
     identified for comprehensive support and improvement under 
     section 1111(c)(4)(D)(i) or targeted support and improvement 
     under section 1111(d)(2);
       (F) is based on a comprehensive needs assessment of the 
     entire school that takes into account information on the 
     academic achievement of children in relation to the 
     challenging State academic standards under section 
     1111(b)(1), particularly the needs of those children who are 
     failing, or are at-risk of failing, to meet the challenging 
     State academic standards and any other factors as determined 
     by the local educational agency; and
       (G) includes a description of--
       (i) the strategies that the school will be implementing to 
     address school needs, including a description of how such 
     strategies will--

       (I) provide opportunities for all children, including each 
     of the subgroups of students, as defined in section 
     1111(c)(2) to meet the challenging State academic standards 
     under section 1111(b)(1);
       (II) use methods and instructional strategies that 
     strengthen the academic program in the school, increase the 
     amount and quality of learning time, and help provide an 
     enriched and accelerated curriculum, which may include 
     programs, activities, and courses necessary to provide a 
     well-rounded education; and
       (III) address the needs of all children in the school, but 
     particularly the needs of those at risk of not meeting the 
     challenging State academic standards, through activities 
     which may include--
       (aa) counseling, school-based mental health programs, 
     specialized instructional support services, mentoring 
     services, and other strategies to improve student's skills 
     outside the academic subject areas;
       (bb) preparation for and awareness of opportunities for 
     postsecondary education and the workforce, which may include 
     career and technical education programs and broadening 
     secondary school students' access to coursework to earn 
     postsecondary credit while still in high school, such as 
     Advanced Placement, International Baccalaureate, dual or 
     concurrent enrollment or early college high schools;
       (cc) implementation of a schoolwide tiered model to prevent 
     and address problem behavior, and early intervening services, 
     coordinated with similar activities and services carried out 
     under the Individuals with Disabilities Education Act;
       (dd) professional development and other activities for 
     teachers, paraprofessionals, and other school personnel to 
     improve instruction and use of data from academic 
     assessments, and to recruit and retain effective teachers, 
     particularly in high-need subjects; and
       (ee) strategies for assisting preschool children in the 
     transition from early childhood education programs to local 
     elementary school programs; and

       (ii) if programs are consolidated, the specific State 
     educational agency and local educational agency programs and 
     other Federal programs that will be consolidated in the 
     schoolwide program.
       Report Language: ``It is the Conferees'' intent that all 
     programs and schoolwide services and activities funded under 
     this Act are coordinated with similar services and activities 
     under the Individuals with Disabilities Education Act, 
     especially when specifically authorized, such as with early 
     intervening services and positive behavioral interventions 
     and supports.''
       29. The Senate bill, but not the House amendment, 
     restructures section 1114(a)(2) to make it a paragraph (3) of 
     section 1113(c).
       SR
       30. The Senate bill and House amendment make different 
     technical changes to subparagraph (A).
       LC
       31. The Senate bill, but not the House amendment, removes a 
     reference to 1120A(b) after ``supplementary''.
       HR
       32. The Senate bill, but not the House amendment, adds a 
     reference to section 1117.
       HR with an amendment to strike ``1117'' and insert ``1118''
       33. The Senate bill and House amendment both make a 
     technical change with respect to English learners. The Senate 
     bill and House amendment make different additional technical 
     changes.
       LC. SR on name change to ``English Learners''
       34. The Senate bill, but not the House amendment, 
     restructures section 1114(a)(3) to make it paragraph (4) of 
     section 1113(c).
       SR
       35. The Senate bill, but not the House amendment, strikes 
     ``Except as provided in subsection (b),''
       SR with amendment to strike ``subsection (b)'' and insert 
     ``paragraph (2)''.
       36. The House amendment, but not the Senate bill, strikes 
     ``maintenance of effort''.
       HR
       37. The Senate bill, but not the House amendment, includes 
     a reference to section 1117.
       HR with an amendment to strike ``1117'' and insert ``1118''
       38. The Senate bill, but not the House amendment, makes 
     technical changes.
       HR
       39. The Senate bill and House amendment eliminate a 
     requirement for schools to devote sufficient resources to 
     professional development.
       LC
       40. The Senate bill, but not the House amendment, 
     restructures section 1114(c) to make it paragraph (5) of 
     section 1113(c).
       SR
       41. The House amendment and Senate bill use slightly 
     different language.
       HR/SR with an amendment to insert the following:
       (c) Preschool Programs--A school that operates a schoolwide 
     program under this section may use funds made available under 
     this [part] to establish or enhance preschool programs for 
     children below the age of 6.
       (d) Delivery of Services--The elements of a schoolwide 
     program under this section may be delivered by nonprofit or 
     for-profit external providers with expertise in using 
     evidence-based or other effective strategies to improve 
     student achievement.
       42. The Senate bill, but not the House amendment, inserts 
     the word ``expand''.
       SR
       43. The Senate bill combines section 1115 into section 1113 
     as subsection (d) and changes section, paragraph, etc. 
     references accordingly. The House amendment amends section 
     1115.
       SR
       44. The Senate bill and House amendment reword the ``In 
     General'' provision in different ways to reflect previous 
     changes in the respective bills.
       HR/SR with an amendment to strike subsection (a) and insert 
     the following:
       (a) In General.--In all schools selected to receive funds 
     under section 1113(c) that are ineligible for a schoolwide 
     program under

[[Page H8565]]

     section 1114, that have not received a waiver under 
     1114[(a)(2)] to operate such a schoolwide program, or choose 
     not to operate such a schoolwide program, a local educational 
     agency serving such school may use funds received under this 
     part only for programs that provide services to eligible 
     children under subsection (b) identified as having the 
     greatest need for special assistance.
       45. The Senate bill, but not the House amendment, rewrites 
     section 1115(c) of current law as a new paragraph (2). The 
     House amendment maintains section 1115(c) of current law but 
     makes changes.
       SR on maintaining section 1115. HR/SR to strike and insert 
     the following:
       (2) Targeted assistance school program--To assist targeted 
     assistance schools and local educational agencies to meet 
     their responsibility to provide for all their students served 
     under this part the opportunity to meet the State's 
     challenging student academic achievement standards in 
     subjects as determined by the State, each targeted assistance 
     program under this section shall--
       (A) Determine which students will be served;
       (B) coordinate the activities supported under this part 
     with the regular education program of the school;
       (C) serve participating students identified under paragraph 
     (3)(A)(ii), including by--
       (i) using resources under this part to help participating 
     children meet the challenging State academic standards, which 
     may include programs, activities and courses necessary to 
     provide a well-rounded education;
       (ii) using, methods and instructional strategies to 
     strengthen the core academic program of the school, through 
     activities which may include--

       (I) expanded learning time, before-and after-school 
     programs, and summer programs and opportunities; and
       (II) a schoolwide tiered model to prevent and address 
     behavior problems, and early intervening services, 
     coordinated with similar activities and services carried out 
     under the Individuals with Disabilities Education Act;

       (iii) coordinating with and supporting the regular 
     education program, which may include services to assist 
     preschool children in the transition from early childhood 
     education programs such as Head Start, the literacy program 
     under part B of title II, or State-run preschool programs to 
     elementary school programs;
       (iv) providing professional development to effective 
     teachers, principals, other school leaders, 
     paraprofessionals, if appropriate, specialized instructional 
     support personnel, and other school personnel who work with 
     participating children in programs under this section or in 
     the regular education program with resources provided under 
     this part, and, to the extent practicable, from other 
     sources;
       (v) implementing strategies to increase the involvement of 
     parents of participating children in accordance with section 
     [1116]; and
       (vi) if appropriate and applicable, coordinating and 
     integrating Federal, State, and local services and programs, 
     such as programs supported under this Act, violence 
     prevention programs, nutrition programs, housing programs, 
     Head Start programs, adult education programs, career and 
     technical education, [and intervention and supports in 
     schools identified for comprehensive support and improvement 
     under section 1111(c)(4)(D)(i) or targeted support and 
     improvement under section 1111(d)(2)]; and
       (D) provide to the local educational agency assurances that 
     the school will--
       (i) help provide an accelerated, high-quality curriculum;
       (ii) minimize removing children from the regular classroom 
     during regular school hours for instruction provided under 
     this part; and
       (iii) on an ongoing basis, review the progress of 
     participating children and revise the targeted assistance 
     program under this section, if necessary, to provide 
     additional assistance to enable such children to meet the 
     challenging State academic standards.
       Report Language: ``It is the Conferees'' intent that a 
     targeted assistance school may use funds to implement 
     positive behavioral interventions and supports.''
       46. The Senate bill, but not the House amendment, moves the 
     eligible children provisions after the program components 
     provisions.
       SR
       47. The Senate bill, but not the House amendment, makes 
     minor technical edits.
       HR
       48. The Senate bill and House amendment make different 
     edits to references to standards.
       HR
       49. The Senate bill, but not the House amendment, rewords 
     language related to selection of children from preschool 
     through grade 2.
       HR
       50. The Senate bill refers to ``children who are English 
     learners'', while the House amendment refers to ``English 
     learners''.
       SR
       51. The Senate bill and House amendment make different 
     technical changes.
       LC
       52. The Senate bill and House amendment make different 
     changes to the heading.
       HR
       53. The Senate bill and House amendment strike references 
     to Even Start and Early Reading First. The Senate bill, but 
     not the House amendment, adds the literacy program under part 
     D of Title II.
       LC on first sentence. HR with amendment to strike ``part D 
     of title II'' and insert ``subpart 2 of part B of Title II''
       54. The Senate bill and House amendment make different 
     technical changes.
       LC
       55. The Senate bill and House amendment make different 
     changes to the heading.
       HR
       55a. The Senate bill and House amendment make different 
     technical edits.
       LC
       56. The Senate bill and House amendment make different 
     technical changes.
       LC
       57. The Senate bill and House amendment make different 
     technical edits.
       LC
       58. The Senate bill, but not the House amendment, 
     restructures the comprehensive services provision.
       LC
       59. The Senate bill and House amendment make different 
     technical edits.
       LC
       60. The Senate bill, but not the House amendment, strikes 
     ``engaged in a comprehensive needs assessment and''.
       SR.
       61. The Senate bill, but not the House amendment, strikes 
     ``as a last resort''.
       SR
       62. The Senate bill, but not the House amendment, adds 
     ``and services''.
       SR
       63. The Senate bill, but not the House amendment, adds 
     ``family support and engagement services''.
       HR
       64. The Senate bill, but not the House amendment, adds 
     ``health care services and integrated student supports to 
     address the physical, mental, and emotional well-being of 
     children; and'' .
       SR with an amendment to insert the following: ``(iv) 
     integrated student supports''
       65. The Senate bill and House amendment make similar 
     changes to ``pupil services personnel''.
       HR
       66. The Senate bill and House amendment eliminate a 
     requirement for schools to devote sufficient resources to 
     professional development.
       LC
       67. The Senate bill, but not the House amendment, includes 
     this provision on dual or concurrent enrollment programs.
       HR with an amendment to strike and replace paragraphs (1) 
     and (2) with the following:
       (1) In general.--
       (A) a high school operating a schoolwide program under 
     subsection (c), may use funds received under this part to 
     operate a dual or concurrent enrollment program that 
     addresses the needs of low-achieving high school students and 
     those at risk of not meeting challenging State academic 
     standards; or
       (B) a high school operating a targeted program under 
     subsection (d) may use funds received under this part to 
     provide dual or concurrent enrollment program services to 
     eligible children under Sec. 1115 b)(1)(B) who are identified 
     as having the greatest need for special assistance.
       (2) Flexibility of funds--A local educational agency using 
     funds received under this part for a dual or concurrent 
     program described in clause (A) or (B) of paragraph (1) may 
     use such funds for any of the costs associated with such 
     program, including the costs of--
       (A) training for teachers, and joint professional 
     development for teachers in collaboration with career and 
     technical educators and educators from institutions of higher 
     education where appropriate, for the purpose of integrating 
     rigorous academics in such programs;
       (B) tuition and fees, books, required instructional 
     materials for such program, and innovative delivery method; 
     and
       (C) transportation to and from such program.
       68. The Senate bill, but not the House amendment, includes 
     this prohibition.
       HR/LC with an amendment to strike ``comprehensive needs 
     assessment under subsection (b)(2) or a plan under subsection 
     (c) or (d)'' and insert ``comprehensive needs assessment or 
     plan under section 1114[(b)], or a program under section 
     1115''
       69. The House amendment, but not the Senate bill, includes 
     this provision on delivery of services.
       SR

                           Family Engagement

       1. The Senate bill, but not the House amendment, 
     redesignates section 1118 as 1115.
       SR
       2. The Senate bill, but not the House amendment, changes 
     the section heading.
       HR
       Report Language: ``It is the Conferees'' intent that, in 
     referencing ``parent and family members'', States and school 
     districts do not have to take multiple and different steps to 
     reach both parents and also family members. States and school 
     districts can fulfill the requirements of this section 
     through a combined and simultaneous effort to reach parents 
     and family members.''
       3. The House amendment, but not the Senate bill, makes a 
     technical edit throughout.
       LC
       4. The Senate bill, but not the House amendment, makes 
     changes to subsection (a)(1)

[[Page H8566]]

       LC
       5. The Senate bill, but not the House amendment, makes 
     changes in the lead-in to subparagraph (A).
       HR
       6. The House amendment strikes a reference to section 1116 
     in subparagraph (A).
       HR
       7. The Senate bill, but not the House amendment, strikes 
     subparagraphs (A) through (F) and inserts new subparagraphs 
     (A) through (F).
       HR
       8. The Senate bill, but not the House amendment, adds ``to 
     the extent feasible and appropriate'' and refers to other 
     Federal, State, and local laws, in subparagraph (D) of 
     current law, which is subparagraph (C) of the Senate bill.
       HR
       9. The House amendment makes a technical change in 
     paragraph (3)(A) to reflect bill restructuring.
       LC
       10. The Senate bill, but not the House amendment, makes a 
     change to reference ``at least 1 percent'' rather than ``not 
     less than 1 percent'' and deletes the references to family 
     literacy and parenting skills.
       HR
       11. The Senate bill, but not the House amendment, adds a 
     rule of construction.
       HR
       12. The Senate bill, but not the House amendment, changes 
     the heading and beginning of subparagraph (B).
       HR
       13. The Senate bill, but not the House amendment, reduces 
     the amount required to be distributed to schools from 95 
     percent to 85 percent.
       HR with an amendment to strike ``85'' and insert ``90''
       14. The Senate bill, but not the House amendment, inserts a 
     priority for high-need schools.
       HR
       15. The Senate bill, but not the House amendment, adds a 
     new use of funds provision.
       HR with amendment to strike ``home visitation programs'' 
     and insert ``programs that reach parents and family members 
     at home, in the community, and at school'', and in (v) to 
     strike ``policy, which may include financial literacy 
     activities and adult education and literacy activities, as 
     defined in section 203 of the Adult Education and Family 
     Literacy Act.'' And insert ``policy.''
       16. The Senate bill, but not the House amendment, makes 
     changes to subsection (b).
       HR
       17. The Senate bill, but not the House amendment, makes 
     changes to paragraph (3).
       HR
       18. The Senate bill and House amendment make different 
     changes to paragraph (4)(B).
       HR
       19. The Senate bill, but not the House amendment, changes 
     the section reference to reflect previous changes.
       SR
       20. The Senate bill, but not the House amendment, makes a 
     change in the matter preceding paragraph (1).
       HR
       21. The Senate bill and House amendment make different 
     changes to paragraph (1).
       HR
       22. The Senate bill, but not the House amendment, makes 
     additional changes to paragraph (2).
       HR
       23. The Senate bill refers to ``the challenging State 
     academic standards'' and the House amendment refers to 
     ``State's academic standards.''
       HR
       24. The Senate bill, but not the House amendment, adds 
     language about copyright piracy.
       HR
       25. The Senate bill inserts ``other school leaders'' while 
     the House amendment strikes ``principals'' and replaces with 
     ``school leaders.''
       HR
       26. The Senate bill and House amendment make similar 
     changes, but the House amendment also strikes ``and public 
     preschool and''
       SR with an amendment to insert ``programs, including public 
     preschool programs,'' after ``local''
       27. The Senate bill, but not the House amendment, strikes 
     and replaces subsection (f).
       HR with an amendment to strike ``full and'' before 
     ``informed''
       28. The House amendment, but not the Senate bill, strikes 
     and replaces subsection (g).
       SR
       29. The Senate bill, but not the House amendment, makes 
     changes to subsection (h).
       HR
                    TITLE I--EQUITABLE PARTICIPATION
       1. The Senate bill and House amendment have different 
     section numbers.
       LC
       2. The Senate bill, but not the House amendment, changes 
     section references to reflect earlier changes.
       LC
       3. The House amendment, but not the Senate bill, 
     restructures paragraph (1).
       SR
       4. The House amendment, but not the Senate bill, adds ``or 
     representatives'' after ``officials''.
       HR
       5. The House amendment, but not the Senate bill, says 
     provide such ``service'' instead of such ``children''.
       HR
       6. The House amendment, but not the Senate bill, adds ``and 
     individually or in combination, as requested by the officials 
     or representatives to best meet the needs of such children'' 
     in subparagraph (A).
       SR with an amendment to strike ``or representatives''
       7. The House amendment, but not the Senate bill, adds a 
     reference to instructional services (including evaluations to 
     determine students' progress in their academic needs), 
     counseling, and mentoring, one-on-one tutoring.
       SR
       8. The House amendment Senate bill have different 
     references. The House amendment refers to this subpart, the 
     Senate bill refers to section 1115.
       LC
       9. The House amendment, but not the Senate bill, 
     restructures paragraph (3) to add a subparagraph (B).
       SR
       10. The House amendment also changes ``part'' to 
     ``subpart''.
       LC
       11. The House amendment, but not the Senate bill, adds a 
     requirement for an ombudsman to be appointed at the State-
     level to monitor and enforce the requirements of this 
     subpart.
       SR
       12. The Senate bill bases expenditures on the proportion of 
     funds allocated to participating school attendance areas and 
     the House amendment bases expenditures on participating 
     public school children.
       HR
       13. The Senate bill and the House amendment have similar 
     requirements to when the share of funds is calculated. 
     ((4)(C) in Senate bill below)
       HR
       14. The House amendment, but not the Senate bill contains a 
     new provision related to obligation of funds.
       SR with an amendment to strike clause (ii)
       Report Language: ``It is the Conferees intent to ensure 
     that the agency shall provide services to eligible students 
     under this provision in a timely manner to ensure such 
     services will be provided in the year in which the funds were 
     received by such agency. If the agency does not provide 
     equitable services in the year in which the funds were 
     received, such funds should not be redistributed for general 
     use because such services were not provided.''
       15. The House amendment, but not the Senate bill contains a 
     new provision related providing notice of allocations.
       SR with an amendment to strike ``determine'' through all of 
     clause (ii) and insert ``provide notice in a timely manner to 
     the appropriate private school officials in the State of the 
     allocation of funds for educational services and other 
     benefits under this subpart that the local educational 
     agencies have determined are available for eligible private 
     school children.''
       16. The Senate bill, but not the House amendment allows the 
     calculation to be done each year or every two years.
       HR
       17. The House amendment includes a new reference to 
     subsection (b)(6)(C) in provision of services to reflect 
     earlier changes the House amendment made. See note 39.
       SR
       18. The House amendment, but not the Senate bill, adds ``or 
     representatives.
       HR
       19. The House amendment, but not the Senate bill, states a 
     goal of reaching agreement between the local educational 
     agency and the private school officials or representatives, 
     and requires transmission to the ombudsman.
       SR with an amendment to strike ``or representatives'' and 
     to strike ``in order'' through ``private school children,'' 
     and insert ``. Such agency and private school officials shall 
     both have the goal of reaching agreement on how to provide 
     equitable and effective programs for eligible private school 
     children,''
       20. The House amendment, but not the Senate bill, specifies 
     a reference to subparagraph (A).
       LC
       21. The House amendment and Senate bill make a similar 
     change regarding how the proportion of funds is determined.
       HR
       22. The House amendment, but not the Senate bill, includes 
     an itemization of costs.
       HR
       23. The Senate bill, but not the House amendment, changes 
     the section reference to reflect previous changes.
       SR
       24. The House amendment, but not the Senate bill, includes 
     ``or representatives.''
       HR
       25. The Senate bill and House amendment have similar new 
     subparagraphs (I).
       HR
       26. The House amendment, but not the Senate bill, includes 
     new subparagraph (J) to include in consultation whether 
     private schools may pool such funds.
       SR
       27. The House amendment, but not the Senate bill, includes 
     a new subparagraph (K) to consult about what time and where 
     the services will be provided.
       HR/SR with amendment to strike (K) and replace with ``when, 
     including the time of day, and where services will be 
     provided;''

[[Page H8567]]

  

       28. The House amendment, but not the Senate bill, includes 
     a new subparagraph (L) that includes an allowance to consult 
     about whether to use the funds to provide schoolwide 
     programs.
       SR with an amendment to strike ``this'' and all that 
     follows, and insert ``subsection (a)(4) in coordination with 
     eligible funds for private schools services under applicable 
     programs, as defined in section 8xxx (b)(1)to provide 
     services to eligible private school children participating in 
     programs.''
       29. The House amendment, but not the Senate bill, includes 
     a new paragraph (2) on disagreement.
       SR with an amendment to strike ``an analysis of'' and ``or 
     representatives'', and to strike ``has chosen not to adopt 
     the course of action requested by such officials'' and insert 
     ``disagrees''.
       30. The House amendment, but not the Senate bill, adds ``or 
     representatives''.
       HR
       30a. The House amendment changes the reference from part to 
     ``subpart''.
       LC
       31. The House amendment, but not the Senate bill, adds ``or 
     representatives.''
       HR
       32. The House amendment, but not the Senate bill, adds 
     ``meaningful'' before ``consultation''.
       SR
       33. The House amendment, but not the Senate bill, includes 
     language providing a chance for the private school officials 
     to indicate the consultation was not timely or equitable.
       SR with an amendment to strike ``or representatives'' and 
     to insert after ``indicate'' ``that such officials belief''
       34. The House amendment, but not the Senate bill, adds ``or 
     representatives'' in the last sentence.
       HR
       35. The House amendment, but not the Senate bill, adds 
     language about attempts at consultation.
       SR
       36. The House amendment, but not the Senate bill, specifies 
     the right to ``file a complaint.''
       SR
       37. The Senate bill and House amendment make similar 
     additions regarding equitable treatment. The Senate bill adds 
     ``or did not make a decision that treats the . . .'' The 
     House amendment adds ``or did not treat the . . . .''
       HR
       38. The House amendment, but not the Senate bill, specifies 
     the right to ``file a complaint'' in (B) as well.
       SR
       39. The House amendment, but not the Senate bill, adds a 
     new subparagraph (C) regarding State educational agencies.
       SR with amendment to strike ``and institutions, if --'' and 
     all that follows through the end and insert:
       and institutions, if the appropriate private school 
     officials have--
       (I) requested that the State educational agency provide 
     such services directly; and
       (II) demonstrated that the local educational agency 
     involved has not met the requirements of this section in 
     accordance with the procedures for making such a request, as 
     prescribed by the State educational agency;
       40. The House amendment and Senate bill use different 
     section references but have the same policy.
       LC
       41. The House amendment, but not the Senate bill, changes 
     these references to reflect restructuring in the House 
     amendment but have the same policy.
       LC
                      TITLE I, PART B--ASSESSMENTS
       1. The Senate bill, but not the House amendment, amends 
     part B of title I to include provisions on academic 
     assessments.
       HR
       2. The Senate bill, but not the House amendment, authorizes 
     the Secretary to award grants to States to pay the costs of 
     developing, administering, or other activities related to 
     State assessments. The House amendment includes language in 
     the Local Academic Flexible Grant to allow states and local 
     educational agencies to use funds under that program to 
     develop, administer, and audit assessments. See notes 4 and 
     5.
       HR/SR with an amendment to strike Sec.  1201 and insert the 
     following:

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

       (a) From amounts made available in accordance with section 
     1204, the Secretary shall make grants to States to enable the 
     States to carry out 1 or more of the following:
       (1) To pay the costs of the development of the State 
     assessments and standards adopted under section 1111(b), 
     which may include the costs of working in voluntary 
     partnerships with other States, at the sole discretion of 
     each such State.
       (2) If a State has developed the assessments adopted under 
     section 1111(b), to administer those assessments or to carry 
     out other assessment activities described in this part, such 
     as the following:
       (A) Ensuring the provision of appropriate accommodations 
     available to children who are English learners and children 
     with disabilities to improve the rates of inclusion in 
     regular assessments of such children, including professional 
     development activities to improve the implementation of such 
     accommodations in instructional practice.
       1(B) Developing challenging State academic standards and 
     aligned assessments in academic subjects for which standards 
     and assessments are not required under section 1111(b).
       (C) Developing or improving assessments of English language 
     proficiency for English learners.
       (D) Ensuring the continued validity and reliability of 
     State assessments.
       (E) Refining State assessments to ensure their continued 
     alignment with the challenging State academic standards and 
     to improve the alignment of curricula and instructional 
     materials.
       (F) Developing or improving balanced assessment systems 
     that include summative, interim, and formative assessments, 
     including supporting local educational agencies in developing 
     or improving such assessments.
       (G) At the discretion of the State, refining science 
     assessments required under section 1111(b)(2) in order to 
     integrate engineering design skills and practices into such 
     assessments.
       (H) Developing or improving models to measure and assess 
     student progress or student growth on State assessments under 
     section 1111(b)(2) and other assessments not required under 
     section 1111(b)(2).
       (I) Developing or improving alternate assessments aligned 
     to alternate academic achievement standards for students with 
     the most significant cognitive disabilities described in 
     section 1111(b)(2)(D).
       (J) Allowing for collaboration with institutions of higher 
     education, other research institutions, or other 
     organizations to improve the quality, validity, and 
     reliability of State academic assessments beyond the 
     requirements for such assessments described in section 
     1111(b)(2).
       (K) Measuring student academic achievement using multiple 
     measures of student academic achievement from multiple 
     sources.
       (L) Developing or improving assessments for students who 
     are children with disabilities, including using the 
     principles of universal design for learning, developing 
     assessments aligned to alternate academic achievement 
     standards for students with the most significant cognitive 
     disabilities described in section 1111(b)(2)(D).
       (M) Developing or improving assessments for English 
     learners, including assessments of English language 
     proficiency as required under section 1111(b)(2)(G) and 
     academic assessments in languages other than English to meet 
     the State's obligations under section 1111(b)(2)(F);
       (N) Developing or improving models to measure and assess 
     growth on State assessments under section 1111(b)(2).
       (O) Evaluating student academic achievement through the 
     development of comprehensive academic assessment instruments, 
     such as performance and technology-based academic 
     assessments, computer adaptive assessments, projects, or 
     extended performance task assessments, that emphasize the 
     mastery of standards and aligned competencies in a 
     competency-based education model.
       (P) 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 (7) 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.
       (c) Annual Report.--Each State educational agency receiving 
     a grant under this section shall submit an annual report to 
     the Secretary describing its activities under the grant and 
     the result of such activities.
       3. The Senate bill authorizes the Secretary to award 
     competitive grants to SEAs for enhanced assessment 
     instruments. The House amendment contains no such provision.
       See note 2.
       4. The Senate bill authorizes the Secretary to award 
     competitive grants to States to audit State and local 
     assessment systems. The House amendment includes state and 
     local audit authority in the Local Academic Flexible Grant. 
     See notes 2 and 5.
       HR/SR with an amendment to strike 1203 and insert the 
     following:

     SEC. 1203. STATE OPTION TO CONDUCT ASSESSMENT SYSTEM AUDIT.

       (a) In General.--From the amount reserved under section 
     1204(a)(1)(C) for a fiscal year, the Secretary shall make 
     grants to States to enable the States to--
       (1) in the case of a grant awarded under this section to a 
     State for the first time--
       (A) audit State assessment systems and ensure that local 
     educational agencies audit local assessments under subsection 
     (e)(1);
       (B) execute the State plan under subsection (e)(3)(D); and
       (C) award subgrants under subsection (f); and
       (2) in the case of a grant awarded under this section to a 
     State that has previously received a grant under this 
     section--
       (A) execute the State plan under subsection (e)(3)(D); and
       (B) award subgrants under subsection (f).
       (b) Minimum Amount.--Each State shall receive a grant 
     amount of not less than

[[Page H8568]]

     $1,500,000 per fiscal year upon submission of its 
     application.
       (c) Reallocation.--If a State chooses not to apply for a 
     grant under this subsection, the Secretary shall reallocate 
     such grant amount to other States in accordance with section 
     1201.
       (d) Application.--A State desiring to receive a grant under 
     this section shall submit an application to the Secretary at 
     such time and in such manner as the Secretary shall require. 
     The application shall include a description of:
       (1) the audit the State will carry out under subsection 
     (e)(1);
       (2) the stakeholder feedback the State will seek in 
     designing such audit; and
       (3) how the State will award grants to local educational 
     agencies under subsection (f).
         (e) Audits of State Assessment Systems and Local 
     Assessments.--
       (1) Audit requirements--Not later than 1 year after a State 
     receives an initial grant under this section for the first 
     time, the State shall--
       (A) conduct a State assessment system audit;
       (B) ensure that each local educational agency receiving 
     funds under this section conducts an audit of local 
     assessments administered by the local educational agency and 
     submits the results of such audit to the State; and
       (C) report the results of each State and local educational 
     agency audit conducted under subparagraphs (A) and (B), in a 
     format that is widely accessible and publicly available.
       (2) Resources for local educational agencies.--In carrying 
     out paragraph (1)(B), each State shall provide local 
     educational agencies with resources, such as guidelines and 
     protocols, to assist in conducting and reporting audit 
     results.
       (3) State assessment system description.--Each State 
     assessment system audit conducted under paragraph (1) shall 
     include--
       (A) the schedule for the administration of all State 
     assessments; and
       (B) for each State assessment--
       (i) the purpose for which the assessment was designed and 
     the purpose for which the assessment is used; and
       (ii) the legal authority for the administration of the 
     assessment;
       (C) feedback on such system from education stakeholders, 
     which shall cover information such as--
       (i) how educators, school leaders, and administrators use 
     assessment data to improve and differentiate instruction;
       (ii) the timing of release of assessment data;
       (iii) the extent to which assessment data is presented in 
     an accessible and understandable format for all stakeholders;
       (iv) the opportunities, resources, and training educators 
     and administrators are given to review assessment results and 
     make effective use of assessment data;
       (v) the distribution of technological resources and 
     personnel necessary to administer assessments;
       (vi) the amount of time educators spend on assessment 
     preparation and administration;
       (vii) the assessments that administrators, educators, 
     parents, and students, if appropriate, do and do not find 
     useful; and
       (viii) other information as appropriate; and
       (D) a plan, based on the results of the audit, to improve 
     and streamline the State assessment system, including 
     activities such as--
       (i) eliminating any unnecessary assessments, which may 
     include buying out the remainder of procurement contracts;
       (ii) supporting the dissemination of best practices from 
     local educational agencies or other States that have 
     successfully improved assessment quality and efficiency to 
     improve teaching and learning; and
       (iii) supporting local educational agencies or consortia of 
     local educational agencies to carry out efforts to streamline 
     local assessment systems and implement a regular process of 
     review and evaluation of assessment use in local educational 
     agencies.
       (4) Local assessment description.--An audit of a local 
     assessment conducted under paragraph (1) shall include the 
     same information required in paragraph (3) as it applies to 
     the local educational agency.
       (5) Carry out the state plan.--A State shall execute the 
     plan described in paragraph (3)(D) with funds received under 
     this part.
         (f) Subgrants to Local Educational Agencies.--
       (1) In general.--From the amount awarded to a State under 
     this section, the State shall reserve not less than 20 
     percent of funds to make subgrants to local educational 
     agencies in the State, or consortia of such local educational 
     agencies, based on demonstrated need in the agency's or 
     consortium's application to improve assessment quality and 
     use, and alignment.
       (2) Local educational agency application.--Each local 
     educational agency, or consortium of local educational 
     agencies, seeking a subgrant under this subsection shall 
     submit an application to the State at such time, in such 
     manner, and containing such other information as determined 
     by the State. The application shall include a description of 
     the agency or consortium's needs to improve assessment 
     quality, use, and alignment.
       (3) Use of funds.--A subgrant awarded under this subsection 
     to a local educational agency or consortium of such agencies 
     may be used to--
       (A) conduct an audit of local assessments under subsection 
     (e)(1)(B);
       (B) carry out the plan described in subsection (e)(3)(D) as 
     it pertains to such agency or consortium;
       (C) improve assessment delivery systems and schedules, 
     including by increasing access to technology and exam 
     proctors, where appropriate;
       (D) hire instructional coaches, or promote educators who 
     may receive increased compensation to serve as instructional 
     coaches, to support educators to develop classroom-based 
     assessments, interpret assessment data, and design 
     instruction;
       (E) provide for appropriate accommodations to maximize 
     inclusion of children with disabilities and English learners 
     participating in assessments; and
       (F) improve the capacity of school leaders and educators to 
     disseminate assessment data in an accessible and 
     understandable format for parents and families, including for 
     children with disabilities or English learners;
         (g) Definitions--In this section:
       (1) Local assessment.--The term `local assessment' means an 
     academic assessment selected and carried out by a local 
     educational agency that is separate from an assessment 
     required by section 1111(b)(2).
       (2) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       5. The Senate bill includes subgrants to local educational 
     agencies. The House amendment includes language in the Local 
     Academic Flexible Grant to allow local educational agencies 
     to do similar activities. See notes 2 and 4.
       See note 4.
       6. The Senate bill authorizes funding to States to 
     administer State assessments. The House amendment contains no 
     such provision.
       HR/SR with an amendment to strike Sec. 1204 and insert the 
     following:

     SEC. 1204. ALLOTMENT OF APROPRIATED FUNDS.

       (a) In General.--From amounts made available for each 
     fiscal year under [subsection 1002(b)] that are equal to or 
     less than the amount described in section [1111(b)(2)(H)], 
     the Secretary shall--
         (1) reserve 1/2 of 1 percent for the Bureau of Indian 
     Education;
         (2) reserve 1/2 of 1 percent for the outlying areas;
         (3) reserve not more than 20 percent to carry out section 
     1203; and
         (4) from the remainder, allocate to each State for 
     section 1201 an amount equal to--
         (A) $3,000,000; and
         (B) with respect to any amounts remaining after the 
     allocation is made under clause (i), an amount that bears the 
     same relationship to such total remaining amounts as the 
     number of students aged 5 through 17 in the State (as 
     determined by the Secretary on the basis of the most recent 
     satisfactory data) bears to the total number of such students 
     in all States.
       (b) Amounts Above Trigger Amount.--Any amounts made 
     available for a fiscal year under subsection [1002(b)] that 
     are more than the amount described in section [1111(b)(2)(H)] 
     may be made available as follows:
         (1)
         (A) To award grants on a competitive basis, to State 
     educational agencies that have submitted applications at such 
     time and in such manner which demonstrate that the 
     requirements of this section will be met for the uses of 
     funds under sub-paragraph (J) through (Q) according to the 
     quality, needs, and scope of the State application under that 
     section.
         (B) In determining the grant amount under subparagraph 
     (A), the Secretary shall ensure that a State's grant includes 
     an amount that bears the same relationship to the total funds 
     available under this paragraph for the fiscal year as the 
     number of students ages 5 through 17 in the State (as 
     determined by the Secretary on the basis of the most recent 
     satisfactory data) bears to the total number of such students 
     in all States.
         (2) Any amounts remaining after the Secretary awards 
     funds under paragraph (1) shall be allocated to each State 
     that did not receive a grant under such subparagraph, in an 
     amount that bears the same relationship to the total funds 
     available under this subparagraph as the number of students 
     ages 5 through 17 in the State (as determined by the 
     Secretary on the basis of the most recent satisfactory data) 
     bears to the total number of such students in all States.
       (c) State Defined.--In this section, the term `State' means 
     each of the 50 States, the District of Columbia, and the 
     Commonwealth of Puerto Rico.
       (d) Prohibition.--In making funds available to states under 
     this section, the Secretary shall not require, condition the 
     awarding of such funds on, or provide priority points for, a 
     State (or a consortium of States) developing any assessment 
     common to a number of States, including testing activities 
     prohibited under section 9529.
       7. The Senate bill authorizes the Secretary to allow States 
     to develop innovative assessment systems. The House amendment 
     contains no such provision.
       HR with an amendment to read as follows:

     SEC. 1205. INNOVATIVE ASSESSMENT AND ACCOUNTABILITY 
                   DEMONSTRATION AUTHORITY.

       (a) Innovative Assessment System Defined.--The term 
     `innovative assessment

[[Page H8569]]

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

       (I) the State educational agencies have solicited feedback 
     from teachers, principals, other school leaders, and parents 
     about their satisfaction with the innovative assessment 
     system;
       (II) teachers, principals, and other school leaders have 
     demonstrated a commitment and capacity to implement or 
     continue to implement the innovative assessment systems;
       (III) the innovative assessment systems have been developed 
     in accordance with the requirements of subsection (c), 
     including substantial evidence that such systems meet such 
     requirements; and
       (IV) each State participating in the demonstration 
     authority has demonstrated that the same system of 
     assessments was used to measure the achievement of all 
     students that participated in the demonstration authority, 
     [and not less than the same percentage of such students 
     overall and in each of the subgroups of students, as defined 
     in section 1111(c)(2)], were assessed under the innovative 
     assessment system, as measured under section 
     1111(c)(4)(B)(vi), as were assessed under the assessment 
     required by section 1111(b)(2).

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

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

       (iv) Publicly available.--The Secretary shall make the 
     progress report under this subparagraph and the response 
     described in clause (iii) publicly available on the website 
     of the Department.
       (v) Prohibition.--Nothing in this subparagraph shall be 
     construed to authorize the Secretary to require participating 
     States to submit any additional information for the purposes 
     of the progress report beyond what the State has already 
     provided in the annual report described in subsection 
     (c)(2)(I).

       (D) Expansion of the demonstration authority.--Upon 
     completion and publication of the report described in 
     subparagraph (C)(iv), additional State educational agencies 
     or consortia of State educational agencies may apply for the 
     demonstration authority described in this section without 
     regard to the limitations described in subparagraph (B). Such 
     State educational agencies or consortia of State educational 
     agencies shall be subject to all of the same requirements of 
     this section.

         (c) Application.--Consistent with the process described 
     in subsection (d), a State educational agency, or consortium 
     of State educational agencies, that desires to participate in 
     the program of demonstration authority under this section 
     shall submit an application to the Secretary at such time and 
     in such manner as the Secretary may reasonably require. Such 
     application shall include a description of the innovative 
     assessment system, what experience the applicant has in 
     implementing any components of the innovative assessment 
     system, and the timeline over which the State proposes to 
     exercise this authority. In addition, the application shall 
     include the following:
       (1) A demonstration that the innovative assessment system 
     will--
       (A) meet all the requirements of section 1111(b)(2)(B), 
     except the requirements of clauses (i) and (v) of such 
     section;
       (B) be aligned to the standards under section 1111(b)(1) 
     and address the depth and breadth of the challenging State 
     academic standards under such section;
       (C) express student results or student competencies in 
     terms consistent with the State aligned academic achievement 
     standards;
       (D) be able to generate comparable, valid, and reliable 
     results for all students and for each subgroup of students 
     described in section 1111(b)(2)(B)(xi), compared to the 
     results for such students on the State assessments under 
     section 1111(b)(2);
       (E) be developed in collaboration with stakeholders 
     representing the interests of children with disabilities, 
     English learners, and other vulnerable children, educators, 
     including teachers, principals, and other school leaders, 
     local educational agencies, parents, and civil rights 
     organizations in the State;
       (F) be accessible to all students, such as by incorporating 
     the principles of universal design for learning;
       (G) provide educators, students, and parents with timely 
     data, disaggregated by each subgroup of students described in 
     section 1111(b)(2)(B)(xi), to inform and improve 
     instructional practice and student supports;
       (H) be able to identify which students are not making 
     progress toward the State's academic achievement standards so 
     that educators can provide instructional support and targeted 
     intervention to all students;
       [(I) measure the annual progress of not less than the same 
     percentage of all students and students in each of the 
     subgroups of students, as defined in section 1111(c)(2), who 
     are enrolled in each school that is participating in the 
     innovative assessment system and are required to take 
     assessments, as measured under section 1111(c)(4)(B)(vi), as 
     were assessed by schools administering the assessment under 
     section 1111(b)(2);]
       (J) generate an annual, summative achievement determination 
     based on annual data for each individual student based on the 
     challenging State academic standards under section 1111(b)(1) 
     and be able to validly and reliably aggregate data from the 
     innovative assessment system for purposes of accountability, 
     consistent with the requirements of section 1111(b)(3), and 
     reporting, consistent with the requirements of section 
     1111(d); and
       (K) continue use of the high-quality statewide academic 
     assessments required under section 1111(b)(2) if such 
     assessments will be used for accountability purposes for the 
     duration of the demonstration.
       (2) A description of how the State educational agency 
     will--
       (A) identify the distinct purposes for each assessment that 
     is part of the innovative assessment system;
       (B) provide support and training to local educational 
     agency and school staff to implement the innovative 
     assessment system described in this subsection;
       (C) inform parents of students in participating local 
     educational agencies about the innovative assessment system 
     at the beginning of each school year during which the 
     innovative assessment system will be implemented;
       (D) engage and support teachers in developing and scoring 
     assessments that are part of the innovative assessment 
     system, including through the use of high-quality 
     professional development, standardized and calibrated scoring 
     rubrics, and other strategies, consistent with relevant 
     nationally recognized professional and technical standards, 
     to ensure inter-rater reliability and comparability;
       (E) acclimate students to the innovative assessment system;
       (F) ensure that students with the most significant 
     cognitive disabilities may be assessed with alternate 
     assessments consistent with section 1111(b)(2)(D);
       (G) if the State is proposing to administer the innovative 
     assessment system initially in a subset of local educational 
     agencies, scale up the innovative assessment system to 
     administer such system statewide or with additional local 
     educational agencies in the State's proposed period of 
     demonstration authority and 2-year extension period, if 
     applicable, including the timeline that explains the process 
     for scaling to statewide implementation by either the end of 
     the State's proposed period of demonstration authority or the 
     2-year extension period;
       (H) gather data, solicit regular feedback from educators 
     and parents, and assess the results of each year of the 
     program of demonstration authority under this section, and 
     respond by making needed changes to the innovative assessment 
     system; and
       (I) report data from the innovative assessment system 
     annually to the Secretary, including--
       (i) demographics of participating local educational 
     agencies, if such system is not statewide, and additional 
     local educational

[[Page H8570]]

     agencies if added to the system during the course of the 
     State's demonstration or 2-year extension period, except that 
     such data shall not reveal any personally identifiable 
     information, including a description of how--

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

       (ii) performance of all participating students and for each 
     subgroup of students, as defined in section 1111(b)(3)(A), on 
     the innovative assessment, consistent with the requirements 
     in section 1111(d), except that such data shall not reveal 
     any personally identifiable information;
       (iv) feedback from teachers, principals, other school 
     leaders, and parents about their satisfaction with the 
     innovative assessment system; and
       (v) if such system is not statewide, a description of the 
     State's progress in scaling up the innovative assessment 
     system to additional local educational agencies during the 
     State's period of demonstration authority, as described in 
     subparagraph (G).
       (3) A Description of the State educational agency's plan 
     to--
       (A) ensure that all students and each of the subgroups of 
     students, as defined in section 1111(b)(3)(A), participating 
     in the innovative assessment system--
       (i) are held to the same high standard as other students in 
     the State; and
       (ii) receive the instructional support needed to meet 
     challenging State academic standards;
       (B) ensure that each local educational agency has the 
     technological infrastructure to implement the innovative 
     assessment system; and
       (C) hold all participating schools in the local educational 
     agencies participating in the program of demonstration 
     authority accountable for meeting the State's expectations 
     for student achievement.
       (4) If the innovative assessment system will initially be 
     administered in a subset of local educational agencies--
       (A) a description of the local educational agencies within 
     the State educational agency that will participate, including 
     what criteria the State has for approving any additional 
     local educational agencies to participate during the 
     demonstration period;
       (B) assurances from such local educational agencies that 
     such agencies will comply with the requirements of this 
     subsection; and
       (C) a description of how the State will--
       (i) ensure that the inclusion of additional local 
     educational agencies contributes to progress toward achieving 
     high-quality and consistent implementation across 
     demographically diverse local educational agencies throughout 
     the demonstration authority; and
       (ii) ensure that the participating local educational 
     agencies, as a group, will be demographically similar to the 
     State as a whole by the end of the State's period of 
     demonstration authority.
         (d) Peer Review.--The Secretary shall--
       (1) implement a peer review process to inform--
       (A) the awarding of the demonstration authority under this 
     section and the approval to operate the system for the 
     purposes of paragraphs (2) and (3) of section 1111(b), as 
     described in subsection (h) of this section; and
       (B) determinations about whether the innovative assessment 
     system--
       (i) is comparable to the State assessments under section 
     1111(b)(2)(B)(v)(I), valid, reliable, of high technical 
     quality, and consistent with relevant, nationally recognized 
     professional and technical standards; and
       (ii) provides an unbiased, rational, and consistent 
     determination of progress toward the goals described under 
     section 1111(b)(3)(B)(i) for all students;
       (2) ensure that the peer review team is comprised of 
     practitioners and experts who are knowledgeable about the 
     innovative assessment being proposed for all students, 
     including--
       (A) individuals with past experience developing systems of 
     assessment innovation that support all students, including 
     English learners, children with disabilities, and 
     disadvantaged students; and
       (B) individuals with experience implementing innovative 
     State assessment and accountability systems;
       (3) make publicly available the applications submitted 
     under subsection (c) and the peer review comments and 
     recommendations regarding such applications;
       (4) make a determination and inform the State regarding 
     approval or disapproval of the application not later than 90 
     days after receipt of the complete application;
       (5) offer a State the opportunity to revise and resubmit 
     its application within 60 days of a disapproval determination 
     under paragraph (4) to allow the State to submit additional 
     evidence that the State's application meets the requirements 
     of subjection (c); and
       (6) make a determination regarding application approval or 
     disapproval of a resubmitted application under paragraph (5) 
     not later than 45 days after receipt of the resubmitted 
     application.
       (e) Extension.--The Secretary may extend an authorization 
     of demonstration authority under this section for an 
     additional 2 years if the State educational agency 
     demonstrates with evidence that the State educational 
     agency's innovative assessment system is continuing to meet 
     the requirements of subsection (c), including, demonstrating 
     a plan for and the capacity to transition to statewide use by 
     the end of a 2-year extension period; and
       (f) Use of Innovative Assessment System.--A State may, 
     during its approved demonstration period or 2-year extension 
     period, include results from the innovative assessment 
     systems developed under this section in accountability 
     determinations for each student in the participating local 
     educational agencies instead of, or in addition to, those 
     from the assessment system under section 1111(b)(2) if the 
     State demonstrates that the State has met the requirements in 
     subsection (c). The State shall continue to meet all other 
     requirements of section 1111(b)(3).
       (g) Authority Withdrawn.--The Secretary shall withdraw the 
     authorization for demonstration authority provided to a State 
     educational agency under this section and any participating 
     local educational agency or the State as a whole shall return 
     to the statewide assessment system under section 1111(b)(2) 
     if, at any point during a State's approved period of 
     demonstration or 2-year extension period, the State 
     educational agency cannot present to the Secretary evidence 
     that the innovative assessment system developed under this 
     section
       (1) meets requirements of subsection (c);
       (2) includes all students attending schools participating 
     in the demonstration authority, including each of the 
     subgroups of students, as defined in section 1111(b)(3)(A), 
     in the innovative assessment system demonstration;
       (3) provides an unbiased, rational, and consistent 
     determination of progress toward the goals described under 
     section 1111(b)(3)(B)(i) for all students, which are 
     comparable to determinations under section 1111(b)(3)(B)(iii) 
     across the State in which the local educational agencies are 
     located;
       (4) presents a high-quality plan to transition to full 
     statewide use of the innovative assessment system by the end 
     of the State's approved demonstration period and 2-year 
     extension, if the innovative assessment system will initially 
     be administered in a subset of local educational agencies; 
     and
       (5) demonstrates comparability to the statewide assessments 
     under section 1111(b)(2) in content coverage, difficulty, and 
     quality.
       (h) Transition.--
       (1) In general.--If, after a State's approved demonstration 
     and extension period, the State educational agency has met 
     all the requirements of this section, including having scaled 
     the system up to statewide use, and demonstrated that such 
     system is of high quality, the State shall be permitted to 
     operate the innovative assessment system approved under the 
     program of demonstration authority under this section for the 
     purposes of paragraphs (2) and (3) of section 1111(b). Such 
     system shall be deemed of high quality if the Secretary, 
     through the peer review process described in subsection (d), 
     determines that--
       (A) the system has met all of the requirements of this 
     section;
       (B) the State has the examined the effects of the system 
     onother measures of student success, including indicators in 
     the accountability system under 1111(c);
       (C) provided coherent and timely information about student 
     attainment of the State's challenging academic standards, 
     including objective measurement of academic achievement, 
     knowledge, and skills that are valid, reliable, and 
     consistent with relevant, nationally-recognized professional 
     and technical standards;
       (D) solicited feedback from teachers, principals, other 
     school leaders, and parents about their satisfaction with the 
     innovative assessment system; and
       (E) demonstrated that the same system of assessments was 
     used to measure the achievement of all students, [and not 
     less than the percentage of such students overall and in each 
     of the subgroups of students, as defined in section 
     1111(c)(2), were assessed under the innovative assessment 
     system, as measured under section 1111(c)(4)(B)(vi), as were 
     assessed under the assessment required by section 
     1111(b)(2).]
       (2) Baseline.--For the purposes of the evaluation described 
     in paragraph (1), the baseline year shall be considered the 
     first year of implementation of the innovative assessment 
     system for each local educational agency.
       (3) Waiver authority.--If, at the conclusion of the State's 
     approved demonstration and extension period, the State has 
     met all of the requirements of this section, except 
     transition to full statewide use for States that will 
     initially administer an innovative assessment system in a 
     subset of local educational agencies, and continues to comply 
     with the other requirements of this section, and demonstrates 
     a high-quality plan for transition to statewide use in a 
     reasonable period of time, the State may request, and the 
     Secretary shall review such request, a delay of the 
     withdrawal of authority under subsection (g) for the purpose 
     of providing the State time necessary to implement the 
     innovative assessment system statewide.
       (i) Available Funds.--A State may use funds available under 
     section 1201 to carry out this section.
       (j) Rule of Construction.--A consortium of States may apply 
     to participate in the

[[Page H8571]]

     program of demonstration authority under this section and the 
     Secretary may provide each State member of such consortium 
     with such authority if each such State member meets all of 
     the requirements of this section. Such consortium shall be 
     subject to the limitation described in subsection (b)(3)(B) 
     during the initial 3 years of the demonstration authority.
       (k) Dissemination of Best Practices.--
       (1) In general.--Following the publication of the progress 
     report described in subsection (b)(3)(C), the Director of the 
     Institute of Education Sciences, in consultation with the 
     Secretary, shall collect and disseminate the best practices 
     on the development and implementation of innovative 
     assessment systems that meet the requirements of this 
     section, including--
       (A) the development of summative assessments that meet the 
     requirements of section 1111(b)(2)(B), are comparable with 
     statewide assessments, and include assessment tasks that 
     determine proficiency or mastery of State-approved 
     competencies aligned to challenging academic standards;
       (B) the development of effective supports for local 
     educational agencies and school staff to implement innovative 
     assessment systems;
       (C) the development of effective engagement and support of 
     teachers in developing and scoring assessments and the use of 
     high-quality professional development;
       (D) the development of effective supports for all students, 
     particularly each of the subgroups of students, as defined in 
     section 1111(b)(3)(A), participating in the innovative 
     assessment systems; and
       (E) the development of standardized and calibrated scoring 
     rubrics, and other strategies, to ensure inter-rater 
     reliability and comparability of determinations of mastery or 
     proficiency across local educational agencies and the State.
       (2) Publication.--The Secretary shall make the information 
     described in paragraph (1) available to the public on the 
     website of the Department and shall publish an update to the 
     information not less often than once every 3 years.'.

                  TITLE I, PART C--MIGRATORY CHILDREN

       1. The House amendment redesignates Title I, part C as 
     subpart 2 of part A of title I.
       HR
       1a. The House amendment, but not the Senate bill, rewords 
     the lead-in and makes conforming edits.
       SR
       2. The House amendment, but not the Senate bill, amends the 
     program purposes by stating that States should support high-
     quality programs and services during and outside the school 
     year that address the unique needs of migratory children. The 
     Senate bill refers to supporting high quality and 
     comprehensive programs that reduce disruptions as a result of 
     repeated moves.
       SR
       3. The Senate bill refers to ``challenging'' State academic 
     standards.
       HR
       4. The House amendment but not the Senate bill strikes 
     paragraph (3) of current law.
       SR
       5. The Senate bill and House amendment include similar 
     language ensuring migratory children reach the same academic 
     standards, except the Senate bill refers to ``challenging'' 
     standards.
       HR
       5a. The House amendment states that migratory children 
     should graduate from high school prepared for postsecondary 
     education and the workforce, while the Senate bill does not.
       HR with an amendment to insert ``to'' at the beginning.
       6. The House amendment and Senate bill contain similar 
     language regarding overcoming barriers to migratory 
     children's success. The Senate bill states that such barriers 
     should be overcome so that children can ``without the need 
     for postsecondary remediation.''
       SR
       7. The House amendment and Senate bill use similar but not 
     identical language for systemic reforms.
       SR
       8. The House amendment includes a reservation of 2.45 
     percent of funds under (3)(a)(1) for the Secretary to carry 
     out this subpart. The Senate bill includes a separate 
     authorization level for this program in section 1002(c).
       HR
       9. The Senate bill and House amendment are identical, 
     though the provision is in a slightly different place given 
     the House reservation.
       LC
       10. The Senate bill, but not the House amendment, maintains 
     a base amount that each State will receive, based on fiscal 
     year 2002. The House amendment modifies this ``hold 
     harmless'' language. See note 11.
       SR
       11. The House amendment, but not the Senate bill, modifies 
     the ``hold harmless'' language for distributing funds to the 
     States to ensure that, for fiscal years 2016-2018, no State 
     will receive less than 90 percent of the State's allocation 
     during the previous fiscal year.
       SR
       12. The Senate bill allocates funding to States that did 
     not receive funds in fiscal year 2002 based on the amount 
     they would have received in 2002 plus an additional amount. 
     The House amendment allocates funding to States who did not 
     receive funding in the previous year or that have been 
     participating in the program for less than three consecutive 
     previous years based on the most recent available data of the 
     number of migratory children in the State. Note the House 
     amendment provision is moved to match the Senate bill 
     structure.
       SR
       13. The House amendment modifies the formula by basing a 
     State's child count on the average number of identified 
     eligible full-time children, aged 3 through 21, residing in 
     the state, based on data for the preceding 3 years and goes 
     into effect for all State allocations.
       SR with an amendment to strike ``full-time equivalent''.
       14. The Senate bill and House amendment both set the 
     minimum allocation amounts for Puerto Rico, including setting 
     a minimum percentage that the average per-pupil expenditure 
     (PPE) in Puerto Rico is of the lowest average PPE of any 
     State at 85 percent.
       SR
       14a. The House amendment, but not the Senate bill, strikes 
     paragraph (3).
       HR
       15. The Senate bill and House amendment include nearly 
     identical language, except that the Senate bill refers to 
     making funds available for direct services to add to the 
     ``academic'' achievement of children, while the House 
     amendment refers to ``educational'' achievement.
       HR
       16. The Senate bill and the House amendment include similar 
     language requiring the Secretary to determine the 
     ``identified number'' of migratory children residing in each 
     State.
       LC
       17. The Senate bill, but not the House amendment, requires 
     the Secretary to use information that the Secretary finds is 
     most accurate in order to determine the number of eligible 
     migratory children. The House amendment requires the 
     Secretary to use the most recent information available.
       SR
       18. The Senate bill does not contain this provision.
       SR
       19. The Senate bill does not contain this provision.
       SR
       20. The Senate bill does not contain this provision.
       SR with an amendment to strike ``full-time equivalent'' in 
     paragraph (4).
       21. The Senate bill does not contain this provision.
       SR
       22. The Senate bill does not contain this provision.
       SR
       23. The Senate bill, but not the House amendment, requires 
     States to describe how the unique needs of `out-of-school' 
     migratory children are identified and addressed.
       SR with an amendment to add ``and migratory children who 
     have dropped out of school'' after ``preschool migratory 
     children''
       24. The Senate bill and House amendment change internal 
     cross-references to match bill structure.
       LC
       25. The Senate bill, but not the House amendment, requires 
     States to describe ``measurable program objectives and 
     outcomes''.
       HR
       26. The Senate bill refers to ``challenging'' State 
     academic standards.
       HR
       27. The House amendment makes technical edits to a cross-
     reference to reflect bill structure.
       LC
       28. The Senate bill and House amendment are virtually 
     identical, except for varying section cross-references.
       LC
       29. Both the Senate bill and House amendment make changes 
     to cross-references to reflect different bill structures.
       SR with an amendment to strike ``1120A, and part C'' and 
     insert 1118, and part E''
       30. Both the Senate bill and House amendment require 
     consultation with ``parents of migratory children.'' The 
     Senate bill specifies that parent advisory councils are to be 
     included in such consultation.
       HR
       31. The Senate bill makes technical conforming edits to a 
     cross-reference.
       HR with amendment to strike ``1115'' and insert ``1116''
       32. The Senate bill, but not the House amendment, requires 
     that programs and projects shall address the unmet needs of 
     `out-of-school' migratory children.
       SR with an amendment to add ``and migratory children who 
     have dropped out of school'' after ``preschool migratory 
     children''
       33. The House amendment makes technical edits to an 
     internal cross-reference.
       LC
       34. The Senate bill, but not the House amendment, 
     eliminates ``to the extent feasible''.
       HR with an amendment to renumber paragraph (7) as paragraph 
     (8) and strike paragraph (6) and insert the following:
       (6) such programs and projects will provide for outreach 
     activities for migratory children and their families to 
     inform such children and families of other education, health, 
     nutrition, and social services to help connect them to such 
     services.''

[[Page H8572]]

       (7) to the extent feasible, such programs and projects will 
     provide for--
       (A) advocacy and other outreach activities for migratory 
     children and their families, including helping such children 
     and families gain access to other education, health, 
     nutrition, and social services.
       (B) professional development programs, including mentoring, 
     for teachers and other program personnel;
       (C) evidence-based family literacy programs
       (D) the integration of information technology into 
     educational and related programs; and
       (E) programs to facilitate the transition of secondary 
     school students to postsecondary education or employment 
     without the need for [remediation]; and
       35. The Senate bill and House amendment require family 
     literacy programs to be ``evidence Based''. The House 
     amendment requires family literacy programs to also of be 
     ``high-quality''.
       HR
       36. The Senate bill requires programs to facilitate 
     transitions without the ``need for postsecondary 
     remediation,'' but the House amendment does not include 
     ``postsecondary''.
       SR with an amendment to strike ``without the need for 
     remediation''
       37. Both the Senate bill and House amendment change cross-
     references.
       LC
       38. The Senate bill, but not the House amendment, requires 
     recipients of funds to prioritize services for children who 
     have made a qualifying move within the previous year.
       HR
       39. The Senate bill refers to ``challenging State academic 
     standards.'' The House amendment does not include 
     ``challenging''.
       HR
       40. The Senate bill, but not the House amendment, requires 
     funds to prioritize services for children who have dropped 
     out of school.
       HR
       41. The House amendment changes an internal cross-reference 
     to reflect bill changes.
       LC
       42. The Senate bill repeals the reference to ``secondary 
     school'' students.
       HR
       43. The House amendment and the Senate bill have a 
     different structure in this section.
       SR
       44. The Senate bill allows the Secretary, to the extent 
     practicable, to review applications through a peer review 
     process with the assistance and advice of State officials and 
     those with relevant expertise.
       SR with an amendment to strike ``using a peer review 
     process'' and inserting at the end ``with the assistance and 
     advice of State officials and other officials with relevant 
     expertise''.
       45. The House amendment makes a technical conforming edit 
     to a cross-reference.
       LC
       46. The Senate bill refers to ``challenging State academic 
     standards'', and the House amendment does not use 
     ``challenging''.
       HR
       47. Both the Senate bill and House amendment make technical 
     edits to cross-references.
       LC
       48. The House amendment changes internal cross-references.
       LC
       49. The House amendment changes internal cross-references.
       LC
       50. The House amendment changes internal cross-references.
       LC
       51. The Senate bill, but not the House amendment, includes 
     a special rule that requires schools that receive funds to 
     continue to address the unidentified needs of migratory 
     children, and to meet the unique needs of migratory children 
     before using funds under this part for schoolwide programs.
       HR
       52. The Senate bill changes internal cross-references.
       LC
       53. The House amendment changes a cross-reference to 
     reflect the structure change of the bill.
       LC
       54. The House amendment allows funding to flow to ``public 
     and private entities'', while the Senate bill refers to 
     ``public and private nonprofit entities.''
       SR
       55. The Senate bill requires the Secretary to assist States 
     in the electronic transfer of student records and determining 
     the number of eligible migratory children. The House 
     amendment requires the Secretary to assist States in 
     ``developing and maintaining'' an effective system regarding 
     records and determining the number of eligible children.
       HR
       56. The Senate bill requires the Secretary to maintain a 
     record system. The House amendment requires the Secretary to 
     ensure the linkage of migratory student record systems among 
     the States.
       SR
       57. The House amendment, but not the Senate bill, requires 
     the Secretary to ensure that the linkage of migratory student 
     record systems occurs in a cost-effective manner.
       SR
       58. The House amendment, but not the Senate bill, 
     authorizes the Secretary to determine the minimum data 
     elements that each State must collect and maintain.
       HR
       59. The Senate bill refers to ``such information'' but the 
     House amendment refers to ``such minimum data elements''.
       HR
       60. The House amendment changes an internal cross-reference 
     to assessments.
       LC
       61. The Senate bill removes ``required''.
       HR
       62. The Senate bill requires that the Secretary maintain 
     ``ongoing consultation'' with States, local educational 
     agencies and migratory student service providers, on 
     determining the effectiveness of, and to improve the system. 
     The House amendment requires the Secretary to consult with 
     States before updating data elements included in such system.
       HR
       63. The Senate bill, but not the House amendment, requires 
     the Secretary to provide public notice and comment on any new 
     proposed data elements that States will be required to 
     collect.
       HR
       64. The House amendment changes an internal cross-
     reference.
       LC
       65. The House amendment, but not the Senate bill, requires 
     the Secretary to report to Congress regarding the maintenance 
     and transfer of health and educational information for 
     migratory children.
       HR
       66. The House amendment changes an internal cross-
     reference.
       LC
       67. The Senate bill, but not the House Amendment, 
     authorizes the Secretary to reserve up to $3,000,000 to award 
     incentive grants to State educational agencies that propose a 
     consortium agreement to improve delivery of services to 
     migratory children.
       HR
       68. The House amendment edits an internal cross-reference.
       LC
       69. The Senate bill defines the term ``migratory 
     agricultural worker''. The House amendment does not define 
     this term.
       HR
       70. The Senate bill, but not the House amendment, makes 
     modifications to the definition of ``migratory child'' to add 
     references to a qualifying move and refer to the definitions 
     of agricultural worker or migratory fisher. The House 
     amendment refers to the manner in which the child has moved 
     in this definition, while the Senate bill refers to these 
     criteria in the definition of ``qualifying move''. See note 
     72.
       HR
       71. The Senate bill defines the term ``migratory fisher''. 
     The House amendment does not define this term.
       HR
       72. The Senate bill defines the term ``qualifying move''. 
     The House amendment does not define this term but refers to 
     similar instances in the definition of ``migratory child.'' 
     See note 70.
       HR with amendment to strike ``to engage in a'' through ``by 
     the Secretary.'' and insert ``or'' at the end of clause (i).

           TITLE I, PART D--NEGLECTED AND DELINQUENT CHILDREN

       1. The House amendment, not the Senate bill, redesignates 
     Part D of Title I as subpart 3 of part A of Title I.
       HR
       2. The Senate bill, not the House amendment, modifies the 
     purpose to include improved education services for students 
     in ``tribal'' institutions.
       HR
       3. The Senate bill refers to ``challenging State academic 
     standards'' and the House amendment removes ``challenging''.
       HR
       4. The Senate bill, but not the House amendment, requires 
     the involvement of families and communities to prevent youth 
     from dropping out of school.
       HR
       5. The House amendment, but not the Senate bill, includes a 
     reservation of 0.31 of one percent from funds under section 
     3(a)(1) of this subpart. The Senate bill includes a specified 
     authorization of appropriations under section 1002(d).
       HR
       6. The House amendment, but not the Senate bill, includes a 
     new ``Grants Awarded'' paragraph heading and specifies that 
     grants are awarded from funds subsection (b) and not reserved 
     under section 1004 and section 1159. The House amendment, but 
     not the Senate bill, adds a qualifying phrase ``that have 
     plans submitted under section 1154 approved'' when 
     referencing grants to State educational agencies.
       HR
       7. The House amendment makes several technical conforming 
     edits to cross-references.
       LC
        8. The House amendment makes several technical conforming 
     edits to cross-references.
       LC
       9. The House amendment makes several technical conforming 
     edits to cross-references.
       LC
       10. The House amendment makes several technical conforming 
     edits to cross-references.
       LC
       11. The House amendment, but not the Senate bill, 
     eliminates the limitation on the

[[Page H8573]]

     minimum percentage for Puerto Rico if any State would receive 
     less than it received in the preceding fiscal year.
       HR
       12. The House amendment makes technical conforming edits to 
     cross-references.
       LC
       13. The Senate bill, but not the House amendment, modifies 
     language related to assisting the transition of children and 
     youth ``between'' correctional facilities and locally 
     operated programs.
       HR
       14. The Senate bill requires States to describe program 
     objectives and outcomes that will be assessed to determine 
     program effectiveness. The House amendment requires States to 
     describe how they will assess the effectiveness of programs.
       HR
       15. The House amendment, but not the Senate bill, includes 
     a provision related to prioritizing a regular high school 
     diploma.
       SR
       16. The House amendment, but not the Senate bill, includes 
     this provision related to evaluation.
       HR
       17. The House amendment makes technical conforming edits to 
     cross-references.
       LC
       18. The Senate bill, but not the House amendment, includes 
     a provision related to ensuring the prompt re-enrollment of 
     students in juvenile justice system in clause (i), and 
     opportunities for such students to participate in higher 
     education or career pathways.
       HR with amendment to strike ``prompt'' and insert'' timely 
     and strike ``higher education or career pathways'' and insert 
     ``credit bearing coursework while in secondary school, 
     postsecondary education, or career and technical education 
     programming.''
       19. The House amendment makes technical conforming edits to 
     cross-references.
       LC
       20. The House amendment makes technical conforming edits to 
     a cross-reference.
       LC
       21. The Senate bill, but not the House amendment, modifies 
     this provision to add ``and respond to''.
       SR with amendment to strike ``supplement and improve'' and 
     insert ``respond to the educational needs of the children, 
     including by supplementing and improving''
       21a. The Senate bill, but not the House amendment, provides 
     for the assessment when the student enters the correctional 
     facility.
       HR with an amendment to strike ``an'' and insert ``such''
       22. The House amendment makes technical conforming edits to 
     a cross-reference.
       LC
       23. The House amendment makes technical conforming edits to 
     a cross-reference.
       LC
       24. The Senate bill, but not the House amendment, includes 
     this provision related to evaluation under section 9601.
       LC
       25. The Senate bill, but not the House amendment, requires 
     States to include data showing the State agency has 
     maintained the fiscal effort required of a local educational 
     agency under section 9521.
       HR with an amendment to strike ``9521'' and insert 
     ``[6521]''
       26. The Senate bill, but not the House amendment, updates 
     references to WIOA.
       HR
       27. The Senate bill and House amendment have slightly 
     different language.
       SR
       27a. The Senate bill, but not the House amendment, modifies 
     the description to ensure transition plans are in place for 
     incarcerated youth.
       HR with an amendment to strike ``and, to the extent 
     practicable, to ensure that transition plans are in place'' 
     and insert ``in order to facilitate the transition of such 
     children and youth between the correctional facility and the 
     local educational agency or alternative education program''
       28. The House amendment makes technical conforming edits to 
     a cross-reference.
       LC
       29. The Senate bill, but not the House amendment, modifies 
     the provision to focus on transitions between facilities for 
     neglected or delinquent children and locally operated 
     programs. The House amendment focuses on transitions from 
     facilities for neglected or delinquent children to locally 
     operated programs.
       HR
       30. The Senate bill and House amendment are similar, but 
     the House amendment uses the term `''regular'' high school 
     diploma.
       SR
       31. The Senate bill requires certified or licensed teachers 
     to work with children and youth with disabilities and other 
     students with special needs. The House amendment requires 
     effective teachers.
       HR
       32. The Senate bill, but not the House amendment, includes 
     a provision related to identifying and improving practices 
     for youth who have been in contact with the child welfare and 
     juvenile justice systems and has a provision to implement 
     strategies to reduce expulsions and suspensions.
       HR with an amendment to strike paragraph (20) and insert 
     the following:
       (20) describe how the State agency will, to the extent 
     feasible, note when a youth has come into contact with both 
     the child welfare and juvenile justice systems and deliver 
     evidence-based services and interventions designed to keep 
     such youth in school.
       33. The House amendment updates a cross-reference.
       LC
       34. Both the Senate bill and House amendment contain 
     similar modifications relating to the transition of 
     participants without the need for remediation and referring 
     to career and technical education, except the Senate bill 
     includes ``without the need for remediation'' after ``make a 
     successful transition.''
       SR with an amendment to strike ``without the need for 
     remediation''
       35. Both the Senate bill and House amendment allow for the 
     acquisition of equipment, but the bills are structured 
     differently.
       LC
       36. The Senate bill, but not the House amendment, contains 
     language allowing for pay for success initiatives.
       HR with an amendment to strike ``that produce'' and all 
     that follows through ``Federal Government''
       37. The Senate bill, but not the House amendment, contains 
     language allowing for targeted services for youth that have 
     come into contact with welfare and juvenile justice systems.
       HR
       38. The Senate bill includes the word `challenging' as it 
     relates to State academic standards.
       HR
       39. The Senate bill and House amendment contain different 
     cross-references to institution-wide projects.
       LC
       40. The Senate bill includes the word ``challenging'' as it 
     relates to State academic standards.
       HR
       41. The Senate bill and House amendment contain different 
     cross-references to fiscal requirements in Title I.
       SR with an amendment to strike ``1120A and part C'' and 
     insert ``1118 and part E''
       42. The Senate bill and House amendment contain different 
     cross-references to supplement-not-supplant requirements in 
     Title I.
       LC
       43. The House amendment changes internal cross-references.
       LC
       44. The Senate bill includes the word ``challenging'' as it 
     relates to State academic standards.
       HR
       45. The House amendment, but not the Senate bill, refers to 
     attaining a ``regular'' high school diploma in the 
     description, the Senate bill references a ``high school 
     diploma''.
       SR
       46. The Senate bill, but not the House amendment, strikes 
     `complete secondary school' from the description.
       HR with an amendment to add ``regular'' before ``high 
     school''
       47. The Senate bill, but not the House amendment, includes 
     ``to the extent practicable, the development and 
     implementation of transition plans'' in the description.
       SR with amendment to insert ``specialized instructional 
     support'' before ``services, and procedures'' and to insert 
     before the semicolon ``and how relevant and appropriate 
     academic records and plans regarding the continuation of 
     educational services for such children or youth are shared 
     jointly between the State agency operating the institution or 
     program and local educational agency in order to facilitate 
     the transition of such children and youth between the local 
     educational agency and the State agency;
       48. The House amendment changes internal cross-references.
       LC
       49. The House amendment changes internal cross-references.
       LC
       50. The Senate bill, but not the House amendment, refers to 
     transitioning children and youth ``between'' institutions and 
     schools.
       HR
       51. The Senate bill, but not the House amendment, includes 
     institutions and schools operated by the Secretary of the 
     Interior and schools funded by the BIE.
       HR
       52. The House amendment, but not the Senate bill, refers to 
     a ``regular'' high school diploma.
       SR
       53. The Senate bill, but not the House amendment, adds 
     ``without the need for remediation'' when describing the 
     successful reentry of students.
       SR
       54. The House amendment, but not the Senate bill, allows 
     for projects to be conducted with private for-profit 
     organizations.
       HR
       55. The House amendment and Senate bill provide for 
     different section titles.
       LC
       56. The Senate bill, but not the House amendment, allows 
     the Secretary to support capacity building.
       HR
       57. The Senate bill allows the Secretary to reserve not 
     more than 2.5 percent for technical assistance and capacity 
     building. The House amendment allows for not more than 1 
     percent.
       HR
       58. The House amendment, but not the Senate bill, makes 
     internal cross-reference updates.
       LC
       59. The House amendment changes internal cross-references.
       LC

[[Page H8574]]

  

       60. The Senate bill, but not the House amendment, includes 
     ``without the need for remediation'' when referring to 
     secondary school completion.
       SR
       61. The Senate bill, but not the House amendment, includes 
     programs in schools operated by the BIE.
       HR
       62. The House amendment changes internal cross-references.
       LC
       63. The House amendment changes internal cross-references.
       LC
       64. The Senate bill, but not the House amendment, allows 
     transitional and supportive programs to focus on nonacademic 
     needs.
       SR
       65. The Senate bill makes a technical edit.
       LC
       66. The House amendment changes internal cross-references.
       LC
       67. The House amendment changes internal cross-references.
       LC
       68. The Senate bill, but not the House amendment, includes 
     facilities operated by the Secretary of the Interior and 
     tribes.
       HR
       69. The House amendment, but not the Senate bill, includes 
     a description of services that participating schools will 
     provide youth returning from correctional facilities.
       SR with an amendment to insert ``to facilitate the 
     successful transition'' before ``for children and youth 
     returning''.
       70. The Senate bill, but not the House amendment, includes 
     a description of activities that LEAs will carry out to 
     successfully transition children and youth into schools 
     served by LEAs or into CTE programs.
       SR with amendment in paragraph (4) to strike ``for'' and 
     insert ``to facilitate the successful transition of'' after 
     participating schools; and in paragraph (7) to insert 
     ``institutions of higher education'' after ``partnerships 
     with'' and strike `` develop training, curriculum-based youth 
     entrepreneurship education'' and insert ``facilitate 
     postsecondary and workforce success for children and youth 
     returning from correctional facilities, such as participation 
     in credit bearing coursework while in secondary school, 
     enrollment in postsecondary education, participation in 
     career and technical education programming'' after 
     ``businesses to''
       71. The Senate bill, but not the House amendment, includes 
     ``family members'' in the description.
       HR
       72. The Senate bill, but not the House amendment, updates 
     references to WIOA.
       HR
       73. The House amendment, but not the Senate bill, includes 
     this provision related to working with probation officers.
       SR
       74. The Senate bill, but not the House amendment, includes 
     this provision related to addressing the educational needs of 
     children and youth returning from institutions for neglected 
     and delinquent children or from correctional institutions.
       SR
       75. The Senate bill, but not the House amendment, requires 
     a description of the efforts of LEAs instead of participating 
     schools.
       SR
       76. The House amendment, but not the Senate bill, refers to 
     ``traditional'' instead of ``regular'' public school program.
       SR
       77. The House amendment, but not the Senate bill, includes 
     a subsection header and update to an internal cross-
     reference.
       LC
       78. The Senate bill makes a technical edit.
       HR
       79. The Senate bill, but not the House amendment, includes 
     a provision to allow for programs to serve at-risk Indian 
     children and youth.
       HR
       80. The Senate bill, but not the House amendment, includes 
     a provision to allow for pay for success initiatives.
       HR with an amendment to strike ``that produce'' and all 
     that follows through ``Federal Government.''
       81. The House amendment, but not the Senate bill, includes 
     a provision related to contracts and grants for activities 
     under this section.
       SR with an amendment to strike ``grant'' and insert 
     ``subgrant'' and to strike ``(5)'' and insert ``(7)''
       82. The House amendment changes internal cross-references.
       LC
       83. The Senate bill refers to obtaining a high school 
     diploma, and the House amendment refers to obtaining a 
     ``regular'' high school diploma.
       SR with an amendment to replace ``obtain'' with ``attain''
       84. The House amendment, but not the Senate bill, includes 
     language related to seeking a regular high school diploma or 
     its recognized equivalent.
       SR
       85. The Senate bill includes the word ``challenging'' as it 
     relates to State academic standards.
       HR
       86. The Senate bill, but not the House amendment, updates 
     references to WIOA.
       HR
       87. The Senate bill, but not the House amendment, contains 
     a provision related to developing transition plans.
       HR with an amendment to strike the Senate language and 
     insert:
       (12) upon the child's or youth's entry into the 
     correctional facility, work with the child's or youth's 
     family members and the local educational agency that most 
     recently provided services to the child or youth (if 
     applicable) to ensure the that relevant and appropriate 
     academic records and plans regarding the continuation of 
     educational services for such child or youth are shared 
     jointly between the correctional facility and local 
     educational agency in order to facilitate the transition of 
     such children and youth between the local educational agency 
     and the correctional facility; and
       88. The House amendment reorders the paragraphs in this 
     section.
       HR
       89. The House amendment, but not the Senate bill, refers to 
     obtaining a ``regular'' high school diploma.
       SR with an amendment to strike ``obtaining'' and insert 
     ``attaining'' in all places in the paragraph
       90. The Senate bill refers to reducing or terminating 
     funding based on dropout rates of male or female students 
     over a 3-year period. The House amendment refers to reducing 
     or terminating funding based on students obtaining a regular 
     high school diploma.
       SR with an amendment to strike ``obtaining'' and insert 
     ``attaining''
       91. The House amendment, but not the Senate bill, changes 
     internal cross-references.
       LC
       91a. The House amendment, but not the Senate bill, includes 
     a reference to protecting privacy
       SR
       92. The Senate bill, but not the House amendment, modifies 
     this provision to ensure graduation from high school in the 
     standard number of years.
       HR with amendment to strike ``standard'' and insert ``in 
     the number of years established by the State under either the 
     four-year adjusted cohort graduation rate or the extended 
     year adjusted cohort graduation rate, if applicable''
       93. The Senate bill, but not the House amendment, modifies 
     this provision to include schools funded by the BIE.
       HR
       94. The House amendment changes internal cross-references.
       LC
       95. The House amendment, but not the Senate bill, makes 
     structural changes to this provision.
       HR
       96. The Senate bill adds language concerning ``other life 
     conditions that make the individual at high risk for 
     dependence or delinquency adjudication as it relates to at-
     risk students''.
       HR/SR with an amendment to insert ``dependency 
     adjudication, or delinquency adjudication'' after ``failure'' 
     and insert ``or child welfare system'' after ``juvenile 
     justice system''

                  TITLE I, PART E--GENERAL PROVISIONS

       1. The Senate bill strikes parts E through H of Title I 
     while the House amendment redesignates part E as part B to 
     reflect striking of parts B through D and F through H earlier 
     in the amendment, redesignates sections accordingly, and 
     makes amendments to those sections.
       HR
       2. The Senate bill moves part I of Title I to Part E. The 
     House amendment moves Part I of Title I to Part C.
       HR
       3. The House amendment includes different designations and 
     repeals sections 1904 and 1905.
       HR/LC
       4. The Senate bill, but not the House amendment, adds 
     ``other school leaders (including charter school leaders)'' 
     and ``paraprofessionals'' to the list of individuals that 
     must be consulted before publishing regulations.
       HR
       5. The House amendment, but not the Senate bill, adds 
     ``representatives and members nominated by local and national 
     stakeholder representatives'' to the list of individuals that 
     must be consulted before publishing regulations.
       HR
       6. The Senate bill and the House amendment contain similar 
     language requiring information from regional meetings and 
     electronic exchanges to be made public to interested parties 
     in an easily accessible manner. The House amendment also 
     requires notice of regional meetings to be made public
       SR
       7. The Senate bill, but not the House amendment, specifies 
     for what topics under Title I a negotiated rulemaking process 
     must be established. The House amendment includes all items 
     related to Title I.
       HR with an amendment to strike ``standards, ' and all that 
     follows and insert the following:
       ``standards, assessments under subsection (b) of section 
     1111, and the requirement that funds be supplemented and not 
     supplanted under section [1120];''
       8. The Senate bill, but not the House amendment, includes a 
     provision describing that a negotiated rulemaking process is 
     not subject to FACA and should follow the provisions of the 
     Negotiated Rulemaking Act of 1990.
       HR
       9. The Senate bill, but not the House amendment, contains a 
     separate paragraph

[[Page H8575]]

     to describe the regulations process in an emergency 
     situation. The House amendment does include a process for 
     emergency regulations. See note 23.
       SR.
       10. The Senate bill and House amendment contain similar 
     language describing how to designate emergency regulations. 
     See note 24.
       SR
       11. The Senate bill and House amendment contain similar 
     language requiring the duration of the comment and review 
     period in an emergency situation to be public. See note 25.
       SR
       12. The Senate bill, but not the House amendment, includes 
     this provision requiring regional meetings before regulation 
     publication in an emergency situation. See note 25.
       HR with an amendment to insert ``immediately thereafter'' 
     before ``conduct''.
       13. Both the Senate bill and House amendment redesignate 
     subsection (c) as subsection (d). Note: House language, which 
     is identical to the Senate bill, below in note 32.
       LC
       14. Both the Senate bill and House amendment include 
     similar language to provide for an alternative rulemaking 
     process if there is failure to reach consensus, or if the 
     Secretary determines a negotiated rulemaking process is 
     unnecessary.
       HR
       15. The Senate bill and the House amendment contain similar 
     language requiring notice of proposed rulemaking to 
     committees of jurisdiction. The Senate bill, but not the 
     House amendment, also requires notice of proposed rulemaking 
     to other relevant congressional committees.
       HR with an amendment to strike ``30'' and insert ``15 
     business''
       16. The Senate bill and House amendment are similar in 
     requiring ``a copy of the proposed regulations'' (House 
     amendment) or ``regulation to be proposed (Senate bill).
       SR
       17. The Senate bill and House amendment are similar in 
     requiring a justification for regulations, but use different 
     language.
       SR
       18. The Senate bill and House amendment include virtually 
     identical provisions on anticipated burden information, 
     except the House amendment refers to ``will have'' and the 
     Senate bill refers to ``will impose''.
       HR
       19. The Senate bill, but not the House amendment, requires 
     information on the anticipated benefits of the regulation.
       HR
       20. The Senate bill, but not the House amendment, includes 
     language allowing the relevant congressional committees an 
     opportunity to comment on the information in this paragraph.
       SR
       21. The Senate bill requires a 15-day comment period for 
     Congress, and the House amendment requires a 30-day period.
       HR/SR with an amendment to read as follows:
       (2) Comment period for congress.--The Secretary shall--
       (A) provide Congress with a 15-business day comment period 
     to make comments on the proposed rule; and
       (B) include and seek to address all comments submitted by 
     Congress in the public rulemaking record.
       22. The House amendment, but not the Senate bill, requires 
     the Secretary to publish how all Congressional comments have 
     been addressed.
       See note 21.
       23. Both the Senate bill and House amendment require a 90-
     day public comment and review period, unless an emergency 
     occurs. The Senate bill includes similar procedures for 
     emergency regulations. See notes 9-11.
       SR with an amendment to read as follows:
       (3) Comment and review period and emergency situations.--
     The comment and review period for any proposed regulation 
     shall be at least 60 days unless an emergency requires a 
     shorter period, in which case the Secretary shall--
       24. The Senate bill and House amendment contain similar 
     language describing how to designate emergency regulations. 
     See note 10.
       SR
       25. The Senate bill and House amendment contain similar 
     language requiring the duration of the comment and review 
     period in an emergency situation to be public. See note 11.
       SR
       26. The Senate bill and House amendment include similar 
     language requiring an assessment of the proposed regulation 
     before being made final. The House amendment requires this 
     assessment be independent.
       HR/SR to strike
       27. Both the Senate bill and House amendment include 
     similar language to require the assessment include a 
     representative sampling of LEAs impacted by the regulation.
       HR/SR to strike
       28. Both the Senate bill and House amendment include 
     similar language to assess the burden of the regulations.
       HR/SR to strike
       29. The Senate bill, but not the House amendment, requires 
     the assessment to address the benefits of the regulation.
       HR/SR to strike.
       30. The Senate bill and the House amendment require the 
     assessment to address whether the rule is financially and 
     operationally viable. The House amendment also requires an 
     analysis of whether the rule is educationally viable. Note 
     subparagraphs (B) and (C) of the House amendment were 
     reordered to conform with the Senate bill.
       HR/SR to strike
       31. The Senate bill and the House amendment include similar 
     language on an explanation, but include different references.
       HR/SR to strike
       32. The Senate bill and the House amendment include this 
     language. See note 13 for redesignation of this subsection in 
     the Senate bill.
       LC
       33. The Senate bill, but not the House amendment, states 
     that nothing in section 1501 shall affect the Administrative 
     Procedure Act or the Congressional Review Act.
       HR
       34. Both the Senate bill and the House amendment change 
     internal cross-references, although they are different to 
     reflect different bill structures.
       LC
       35. The Senate bill and the House amendment make similar 
     modifications relating to how regulations must conform to 
     agreements from negotiated rulemaking, or to an alternative 
     process when negotiated rulemaking is not pursued, except the 
     bills are structured differently.
       SR
       36. The House amendment, but not the Senate bill, includes 
     a provision requiring States to identify any duplicative or 
     contrasting requirements between State and federal rules or 
     regulations.
       SR
       37. The House amendment, but not the Senate bill, includes 
     a provision relating to eliminating rules.
       SR with an amendment to insert ``State'' after ``eliminate 
     the''
       38. The House amendment, but not the Senate bill, includes 
     a provision relating to reporting conflicting requirements.
       HR
       39. The Senate bill and House amendment are identical, but 
     inconsistency in the Senate bill with how standards are 
     referred to. The Senate bill always refers to ``challenging 
     State academic standards.''
       SR an amendment to insert ``challenging'' before ``State 
     academic standards''
       40. The Senate bill deletes references to ``vocational' 
     educators'' and the House amendment updates references to 
     ''career and technical'' educators.
       SR
       41. The House amendment, but not the Senate bill, includes 
     teachers from public charter and traditional public schools.
       SR with an amendment to strike (C) and (D) and insert the 
     following:
       (C) teachers from traditional public schools, public 
     charter schools (in a state with a charter school law), and 
     career and technical educators;
       (D) principals and other school leaders;
       42. The House amendment redesignates subparagraph F as 
     subparagraph (H).
       LC
       43. The Senate bill and House amendment are identical.
       HR/SR with an amendment to ``and paraprofessionals'' after 
     ``personnel''
       44. The Senate bill, but not the House amendment, 
     references ``representatives of charter schools, as 
     appropriate.''
       SR
       45. The House amendment, but not the Senate bill, 
     references ``representatives of public charter school 
     authorizers.''
       SR with an amendment to insert ``, in a State that has a 
     charter school law'' after ``authorizes''
       46. The Senate bill, but not the House amendment, includes 
     paraprofessionals.
       SR
       47. The House amendment, but not the Senate bill, includes 
     public charter school leaders.
       SR with an amendment to insert ``, in a State that has a 
     charter school law'' after ``leaders''
       48. The Senate bill updates the section number. The House 
     amendment repeals this provision.
       HR
       49. The Senate bill and the House amendment redesignate 
     this section, but the language in the Senate bill and House 
     amendment are identical.
       LC
       50. The House amendment includes a rule of construction 
     related to collective bargaining in Title I. The Senate bill 
     does not contain this provision in this part of Title I.
       HR
       51. The Senate bill, but not the House amendment, includes 
     a report on subgroup sample size.
       HR/SR with an amendment to strike and insert the following 
     into Miscellaneous and Other Laws after Sec. 10310 as a new 
     section:

     SEC. [10XXX]. REPORT ON SUBGROUP SAMPLE SIZE.

       (a) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Director of the Institute of 
     Education Sciences shall publish a report on best practices 
     for determining valid, reliable, and statistically 
     significant minimum numbers of students for each of the 
     subgroups of students, as defined in section 1111(c)(1) of 
     the Elementary and Secondary Education Act of 1965 (as 
     amended by this Act), for the purposes of inclusion as 
     subgroups of students in an accountability system described 
     in section 1111(b)(3) of the Elementary and Secondary 
     Education Act of 1965 (as amended by this Act) and how such 
     minimum number that is determined will not reveal personally 
     identifiable information about students.

[[Page H8576]]

       (b) Public Dissemination.--The Director of the Institute of 
     Education Sciences shall work with the Department of 
     Education's existing technical assistance providers and 
     dissemination networks to ensure that the report described 
     under subsection (a) is widely disseminated--(1) to the 
     public, State educational agencies, local educational 
     agencies, and schools; and (2) through electronic transfer 
     and other means, such as posting the report on the website of 
     the Institute of Education Sciences or in another relevant 
     place.
       (c) The Director may include best practices on calculating 
     and determining the minimum numbers of students for each of 
     the subgroups of students, but shall not recommend any 
     specific minimum number for such subgroups.
       52. The Senate bill, but not the House amendment, includes 
     a report on the implementation of the educational stability 
     for foster care children provisions in Title I.
       SR to strike.
       53. The Senate bill, but not the House amendment, 
     establishes a student privacy policy committee.
       SR
       54. The Senate bill, but not the House amendment, contains 
     a report on student home access to digital learning 
     resources.
       HR/SR with an amendment to strike and insert the following 
     into Miscellaneous and Other Laws after Sec. 10310 as a new 
     section:

     SEC. [10XXX]. REPORT ON STUDENT HOME ACCESS TO DIGITAL 
                   LEARNING RESOURCES.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Director of the Institute of 
     Education Sciences shall complete a study on the educational 
     impact of access to digital learning resources outside of the 
     classroom.--
       (b) Contents--Such study shall include--
       (1) an analysis of student habits related to digital 
     learning resources outside of the classroom, including the 
     location and types of devices and technologies that students 
     use for educational purposes;
       (2) an identification of the barriers students face in 
     accessing digital learning resources outside of the 
     classroom;
       (3) a description of the challenges students who lack home 
     Internet access face, including
       (A) challenges related to student participation and 
     engagement in the classroom, and
       (B) homework completion.
       (4) an analysis of how the barriers and challenges such 
     students face impacts the instructional practice of 
     educators. and
       (5) a description of the ways in which State educational 
     agencies, local educational agencies, schools, and other 
     entities, including through partnerships, have developed 
     effective means to address the barriers and challenges 
     students face in accessing digital learning resources outside 
     of the classroom.
       (b) Public Dissemination.--The Director of the Institute of 
     Education Sciences shall widely disseminate the findings of 
     the study under this section--
       (1) in a timely fashion to the public and the Committee on 
     Education and the Workforce of the House of Representatives 
     and the Committee on Health, Education, Labor, and Pensions 
     of the Senate
       (2) through electronic transfer and other means, such as 
     posting, as available, to the website of the Institute of 
     Education Sciences, or the Department of Education; and

                         TITLE II--TEACHERS 1.

       1. The Senate bill and House amendment have different 
     structures.
       LC
       2. The House amendment makes technical and conforming 
     changes at end of Title II.
       LC
       3. The Senate bill, but not the House amendment, moves 
     provisions related to teacher liability protection to Title 
     IX.
       HR
       4. The Senate bill, but not the House amendment, makes 
     technical changes to paragraph (3) within teacher liability.
       HR
       5. The Senate bill, but not the House amendment, moves 
     provisions related to internet safety from Title II to Title 
     IX.
       SR with an amendment to strike ``funds under this part'' 
     and insert ``funds under this Act'' and to move to Title IV, 
     Part A
       6. The House amendment, but not the Senate bill, repeals 
     the Teacher Quality Partnerships program in the Higher 
     Education Act.
       HR
       7. Senate bill and House amendment have different title 
     headings for Title II.
       HR
       8. Senate bill and House amendment have different titles 
     for part A.
       SR
       9. Senate bill and House amendment have different purpose 
     sections and purposes.
       SR with an amendment to strike paragraphs (2) through (4) 
     and insert the following:
       (2) improving the quality and effectiveness of teachers, 
     principals, and other school leaders;
       (3) increasing the number of teachers, principals, and 
     other school leaders who are effective in improving student 
     academic achievement in schools; and
       (4) providing low-income and minority students greater 
     access to effective teachers, principals, and other school 
     leaders.
       10. The Senate bill, but not the House amendment, includes 
     definitions for part A.
       HR with an amendment to insert ``, as determined by the 
     State or local educational agency'' after ``effective 
     teacher'' and insert at the end the following:
       (4) Teacher, principal or other school leader preparation 
     academy.--The term `teacher, principal, or other school 
     leader preparation academy' means a public or other nonprofit 
     entity, which may be an institution of higher education or an 
     organization affiliated with an institution of higher 
     education, that will prepare teachers, principals, or other 
     school leaders to serve in high-needs schools, and that--
       (A) enters into an agreement with a State authorizer that 
     specifies the goals expected of the academy, including--
       (i) a requirement that prospective teachers, principals, or 
     other school leaders who are enrolled in a teacher, principal 
     or other school leader preparation academy receive a 
     significant part of their training through clinical 
     preparation that partners the prospective candidate with an 
     effective teacher, principal, or other school leader as 
     determined by the State, respectively, with a demonstrated 
     record of increasing student academic achievement, including 
     for the subgroups of students described in section 
     1111(c)(1), while also receiving concurrent instruction from 
     the academy in the content area (or areas) in which the 
     prospective teacher, principal, or other school leader will 
     become certified or licensed that links to the clinical 
     preparation experience;
       (ii) the number of effective teachers, principals, or other 
     school leaders, respectively, who will demonstrate success in 
     increasing student academic achievement that the academy will 
     prepare; and
       (iii) a requirement that a teacher preparation academy will 
     only award a certificate of completion (or degree, if the 
     academy is, or is affiliated with an institution of higher 
     education) after the graduate demonstrates that the graduate 
     is an effective teacher, as determined by the State, with a 
     demonstrated record of increasing student academic 
     achievement either as a student teacher or teacher-of-record 
     on an alternative certificate, license, or credential;
       (iv) a requirement that a principal or other school leader 
     preparation academy will only award a certificate of 
     completion (or degree, if the academy is, or is affiliated 
     with, an institution of higher education) after the graduate 
     demonstrates a track record of success in improving student 
     performance; and
       (v) timelines for producing cohorts of graduates and 
     conferring certificates of completion (or degrees, if the 
     academy is, or is affiliated with, an institution of higher 
     education) from the academy.
       (B) does not have unnecessary restrictions on the methods 
     the academy will use to train prospective teacher or school 
     leader candidates, including--
       (i) obligating (or prohibiting) the academy's faculty to 
     hold advanced degrees or conduct academic research;
       (ii) restrictions related to the academy's physical 
     infrastructure;
       (iii) restrictions related to the number of course credits 
     required as part of the program of study;
       (iv) restrictions related to the undergraduate coursework 
     completed by teachers teaching or working on alternative 
     certificates, licenses, or credentials, as long as such 
     teachers have successfully passed all relevant State-approved 
     content area examinations; or
       (v) restrictions related to obtaining accreditation from an 
     accrediting body for purposes of becoming an academy;
       (C) limits admission to its program to prospective teacher, 
     principal, or other school leader candidates who demonstrate 
     strong potential to improve student academic achievement, 
     based on a rigorous selection process that reviews a 
     candidate's prior academic achievement or record of 
     professional accomplishment; and
       (D) results in a certificate of completion or degree that 
     the State may, after reviewing the academy's results in 
     producing effective teachers, or principals, or other school 
     leaders respectively (as determined by the State) recognize 
     as at least the equivalent of a master's degree in education 
     for the purposes of hiring, retention, compensation, and 
     promotion in the State.
       (5) State authorizer.--The term `State authorizer' means an 
     entity designated by the Governor of a State to recognize 
     teacher or principal preparation academies within the State 
     that--
       (A) enters into an agreement with a teacher, principal, or 
     other school leader preparation academy that specifies the 
     goals expected of the academy, as described in (4)(A)(i);
       (B) may be a nonprofit organization, State educational 
     agency, or other public entity, or consortium of such 
     entities (including a consortium of States); and
       (C) does not reauthorize a teacher or principal preparation 
     academy if the academy fails to produce the minimum number or 
     percentage of effective teachers or principals, respectively 
     (as determined by the State), identified in the academy's 
     authorizing agreement.
       11. The Senate bill authorizes Title II at such sums 
     through 2021 for all programs authorized. The House amendment 
     authorizes $2,788,356,000 for Title II (which includes Part A 
     through D) from fiscal year 2016 through 2021 and moves this 
     authorization line to the beginning of the whole bill.
       HR/SR with amendment to read as follows:

[[Page H8577]]

  


     SEC. 2003. AUTHORIZATION OF APPROPRIATIONS.

       (a) Grants to States and Local Educational Agencies.--For 
     the purposes of carrying out part A , there are authorized to 
     be appropriated $2,295,830,000 for each of fiscal years 2017 
     through 2020.
       (b) National Activities.--For the purposes of carrying out 
     part B, there are authorized to be appropriated $468,880,575 
     for each of fiscal years 2017 and 2018, $469,168,000 for 
     fiscal year 2019 and $489,168,000 for fiscal year 2020.
       12. The House amendment authorizes a 75 percent reservation 
     for Part A of the Title II total authorized amount which 
     equals $2,349,830,000 for Part A each year through 2021.
       HR
       13. The Senate bill authorizes such sums through 2021 for 
     national activities. The House amendment includes a one 
     percent set aside for national activities.
       HR
       14. The Senate bill specifies outlying areas by name.
       HR
       15. The Senate bill, but not the House amendment, includes 
     a hold harmless at 2001 level with a percentage reduction 
     provided for in (C) over a 7-year time period. The Senate 
     bill also includes a ratable reduction if funds are 
     insufficient.
       HR with amendment to strike ``2016 through 2021'' in each 
     place it appears and insert ``2017 through 2022''
       16. The Senate bill and House amendment change the formula 
     in different ways.
       HR with amendment to strike paragraph (2)(i) and (2)(ii) 
     and insert the following:
       ``(i) in fiscal year 2017----

       (AA) an amount that bears the same relationship to 35 
     percent of the excess amount as the number of individuals age 
     5 through 17 in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined; and
       (BB) an amount that bears the same relationship to 65 
     percent of the excess amount as the number of individuals age 
     5 through 17 from families with incomes below the poverty 
     line in the State, as determined by the Secretary on the 
     basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined.

       (ii) in fiscal year 2018----

       (AA) an amount that bears the same relationship to 30 
     percent of the excess amount as the number of individuals age 
     5 through 17 in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined; and
       (BB) an amount that bears the same relationship to 70 
     percent of the excess amount as the number of individuals age 
     5 through 17 from families with incomes below the poverty 
     line in the State, as determined by the Secretary on the 
     basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined.

       (iii) in fiscal year 2019----

       (AA) an amount that bears the same relationship to 25 
     percent of the excess amount as the number of individuals age 
     5 through 17 in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined; and
       (BB) an amount that bears the same relationship to 75 
     percent of the excess amount as the number of individuals age 
     5 through 17 from families with incomes below the poverty 
     line in the State, as determined by the Secretary on the 
     basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined.

       (iv) in fiscal year 2020 and each subsequent fiscal year--
     --

       (AA) an amount that bears the same relationship to 20 
     percent of the excess amount as the number of individuals age 
     5 through 17 in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined; and
       (BB) an amount that bears the same relationship to 80 
     percent of the excess amount as the number of individuals age 
     5 through 17 from families with incomes below the poverty 
     line in the State, as determined by the Secretary on the 
     basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined.

       17. The House amendment includes small state minimum which 
     is similar to the language in the Senate 2(B) exception.
       LC
       18. The Senate bill, not the House amendment, specifies how 
     funds after FY 2022 are to be allotted.
       HR with amendment to strike ``2022'' and insert ``2023''
       19. The House amendment, not the Senate bill, includes 
     applicability language as it relates to subparagraph (A), 
     which specifies the formula.
       HR
       20. The Senate bill and House amendment authorizes the 
     Secretary to reallot amounts unawarded to states that do not 
     apply. In addition, the House amendment, but not the Senate 
     bill, includes reallotment language for circumstances in 
     which only a portion of a State's award is allotted.
       HR
       21. The Senate bill and House amendment have different 
     structures for title II, Part A. Senate does uses of funds 
     first and State plan second; House does opposite.
       LC
       22. The Senate bill and House amendment each include 95 
     percent set aside for subgrants to local educational agencies 
     and one percent for State planning and administration, 
     although they use different language to do so.
       HR
       23. The Senate bill includes an optional additional three 
     percent State reservation for State activities for principals 
     and other school leaders.
       HR with an amendment to strike ``, if such reservation'' 
     through ``the preceding fiscal year''
       24. The House amendment includes a requirement that the SEA 
     fulfill its responsibilities with specified funds.
       HR
       25. Senate bill and House amendment are similar except 
     Senate bill allows institutions of higher education, State 
     agencies of higher education, and for-profit and nonprofit 
     entities to help carry out State activities.
       HR
       26. Senate bill and House amendment include a number of 
     different activities that states could use the funding for. 
     Both the Senate bill and House amendment include an allowable 
     use for teacher and school leader evaluations.
       HR/SR with an amendment to read as follows:
       (B) Types of state activities.--The activities described in 
     subparagraph (A) are the following:
       (i) Reforming teacher, principal, and other school leader 
     certification, recertification, licensing, or tenure systems 
     or preparation program standards and approval processes to 
     ensure that--

       (I) teachers have the necessary subject-matter knowledge 
     and teaching skills, as demonstrated through measures 
     determined by the State, which may include teacher 
     performance assessments, in the academic subjects that the 
     teachers teach to help students meet challenging State 
     academic standards described in section 1111(b)(1);
       (II) principals and other school leaders have the 
     instructional leadership skills to help teachers teach and to 
     help students meet such challenging State academic standards; 
     and
       (III) teacher certification or licensing requirements are 
     aligned with such challenging State academic standards.

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

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

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

       (I) individuals with a baccalaureate or master's degree, or 
     other advanced degree;
       (II) mid-career professionals from other occupations;
       (III) paraprofessionals;
       (IV) former military personnel; and

       (V) recent graduates of institutions of higher education 
     with records of academic distinction who demonstrate the 
     potential to become effective teachers, principals, or other 
     school leaders.
       (v) Developing, improving, and implementing mechanisms to 
     assist local educational agencies and schools in effectively 
     recruiting and retaining teachers, principals, and other 
     school leaders who are effective in improving student 
     academic achievement, including effective teachers from 
     underrepresented minority groups and teachers with 
     disabilities, such as through--

       (I) opportunities for effective teachers to lead, to the 
     extent the state determines that such evidence is reasonably 
     available, evidence-based professional development for their 
     peers; and
       (II) providing training and support for teacher leaders and 
     school leaders who are recruited as part of instructional 
     leadership teams.

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

[[Page H8578]]

       (I) career opportunities and advancement initiatives that 
     promote professional growth and emphasize multiple career 
     paths, such as instructional coaching and mentoring, 
     including hybrid roles that allow instructional coaching and 
     mentoring while remaining in the classroom, school 
     leadership, and involvement with school improvement and 
     support;
       (II) strategies that provide differential pay, or other 
     incentives, to recruit and retain teachers in high-need 
     academic subjects and teachers, principals, or other school 
     leaders, in low-income schools and school districts, which 
     may include performance-based pay systems; and
       (III) new teacher, principal, and other school leader 
     induction and mentoring programs that are, to the extent the 
     state determines that such evidence is reasonably available, 
     evidence-based and designed to--

       (aa) improve classroom instruction and student learning and 
     achievement, including through improving school leadership 
     programs; and
       (bb) increase the retention of effective teachers, 
     principals, and other school leaders;
       (viii) Providing assistance to local educational agencies 
     for--

       (I) the development and implementation of high-quality 
     professional development programs for principals that enable 
     the principals to be effective and prepare all students to 
     meet the challenging State academic standards described in 
     section 1111(b)(1); and

       (ix) Supporting efforts to train teachers, principals, and 
     other school leaders to effectively integrate technology into 
     curricula and instruction, which may include training to 
     assist teachers in implementing blended learning projects as 
     defined in section [4102].
       (x) Providing training, technical assistance, and capacity-
     building to local educational agencies that receive a 
     subgrant under this part.
       (xi) Reforming or improving teacher, principal, and other 
     school leader preparation programs such as through 
     establishing teacher, principal, and other school leader 
     residency programs;
       (xiii) Establishing or expanding teacher, principal, or 
     other school leader preparation academies, with not more than 
     2 percent of the funds available for State activities under 
     subparagraph (A), if

       (I) allowable under State law;
       (II) the State enables candidates attending a teacher, 
     principal, or other school leader preparation academy to be 
     eligible for State financial aid to the same extent as 
     participants in other State-approved teacher or principal 
     preparation programs, including alternative certification, 
     licensure, or credential programs; and
       (III) the State enables teachers, principals, or other 
     school leaders who are teaching or working while on 
     alternative certificates, licenses, or credentials to teach 
     or work in the State while enrolled in a teacher, principal 
     or other school leader preparation academy.

       (xiii) Supporting the instructional services provided by 
     effective school library programs.
       (xv) Developing, or assisting local educational agencies in 
     developing, strategies that provide teachers, principals, and 
     other school leaders with the skills, credentials, or 
     certifications needed to educate all students in 
     postsecondary education coursework through early college high 
     school or dual or concurrent enrollment courses or programs.
       (xvi) Providing training for all school personnel, 
     including teachers, principals, other school leaders, 
     specialized instructional support personnel, and 
     paraprofessionals, regarding how to prevent and recognize 
     child sexual abuse.
       (xvii) Supporting opportunities for principals, other 
     school leaders, teachers, paraprofessionals, early childhood 
     education program directors, and other early childhood 
     education program providers to participate in joint efforts 
     to address the transition to elementary school, including 
     issues related to school readiness.
       (xviii) Developing and providing professional development 
     for science, technology, engineering, and mathematics 
     subjects, including computer science.
       (xix) Supporting the professional development and improving 
     the instructional strategies of teachers, principals, and 
     other school leaders to integrate career and technical 
     education content into academic instructional practices, 
     which may include training on best practices to understand 
     State and regional workforce needs and transitions to 
     postsecondary education and the workforce;
       (xx) Supporting and developing efforts to train teachers on 
     the appropriate use of student data to ensure individual 
     student privacy is protected as required under section 444 of 
     the General Education Provisions Act (commonly known as the 
     ``Family Educational Rights and Privacy Act of 1974'') (20 
     U.S.C. 123) and in accordance with State student privacy laws 
     and local educational agency student privacy and technology 
     use policies.''
       (xxi) Enabling States, as a consortium, to voluntarily 
     develop a process that allows teachers who are licensed or 
     certified in a participating State to teach in other 
     participating States without completing additional licensure 
     or certification requirements, except that nothing in this 
     clause shall be construed to allow the Secretary to exercise 
     any direction, supervision, or control over State teacher 
     licensing or certification requirements.
       (xxii) Supporting other activities identified by the State 
     that are, to the extent the state determines that such 
     evidence is reasonably available, evidence-based and that 
     meet the purpose of this title;
       27. The Senate bill and House amendment have different 
     sections and different section headers.
       SR on title. LC on placement.
       28. The Senate bill and House amendment have different 
     content requirements for the State plan/application.
       HR/SR with amendment to read as follows:
       (d) State Application.--
       (1) In general.--In order to receive an allotment under 
     this section for any fiscal year, a State shall submit an 
     application to the Secretary, at such time, in such manner as 
     the Secretary may reasonably require.
       (2) Contents.--Each application described under paragraph 
     (1) shall include the following:
       (A) A description of how the State educational agency will 
     use funds received under this title for State-level 
     activities described in subsection (c).
       (B) A description of the State's system of certification 
     and licensing
       (C) A description of how activities under this part are 
     aligned with challenging State academic standards, including 
     those standards under section 1111,
       (D) A description of how the activities using funds under 
     this part are expected to improve student achievement.
       (E) If a State educational agency plans to use funds under 
     this part to improve equitable access to effective teachers, 
     as described in 1111(c)(1)(F), a description of how such 
     funds will be used for such purpose.
       (F) If applicable, a description of how the State 
     educational agency will work with local educational agencies 
     in the State to develop or implement state or local teacher 
     or school leader evaluation systems that meet the 
     requirements of (B)(ii).
       (G) An assurance that the State educational agency will 
     monitor the implementation of activities under this part and 
     provide technical assistance to local educational agencies in 
     carrying out such activities.
       (H) An assurance that the State educational agency will 
     work in consultation with the entity responsible for teacher 
     and principal professional standards, certification, and 
     licensing for the State, and encourage collaboration between 
     educator preparation programs, the State, and local 
     educational agencies to promote the readiness of new 
     educators entering the profession.
       (I) An assurance that the State educational agency will 
     comply with section [6501] (regarding participation by 
     private school children and teachers).
       (J) A description of how the State educational agency will 
     improve the skills of teachers, principals, and other school 
     leaders in order to enable them to identify students with 
     specific learning needs, particularly students with 
     disabilities, English learners, students who are gifted and 
     talented, and students with low literacy levels, and provide 
     instruction based on the needs of such students.
       (K) A description of how the State will use data and 
     ongoing consultation as described in paragraph (3) to 
     continually update and improve the activities supported under 
     this part;
       (L) A description of how the State educational agency will 
     encourage opportunities for increased autonomy and 
     flexibility for teachers, principals, and school leaders, 
     such as by establishing innovation schools that have a high 
     degree of autonomy over budget and operations, are 
     transparent and accountable to the public, and lead to 
     improved academic outcomes for students; and
       (M) A description of actions the State may take to improve 
     preparation programs and strengthen support for principals 
     and other school leaders based on the needs of the State, as 
     identified by the State educational agency.
       (3) Consultation.--In developing the State application 
     under this subsection, a State shall--
       (A) meaningfully consult with teachers, principals, other 
     school leaders, paraprofessionals (including organizations 
     representing such individuals), specialized instructional 
     support personnel, public charter school leaders (in a state 
     that has charter schools), parents, community partners, and 
     other organizations or partners with relevant and 
     demonstrated expertise in programs and activities designed to 
     meet the purpose of this title;
       (B) seek advice from the individuals, organizations, or 
     partners described in subparagraph (A) regarding how best to 
     improve the State's activities to meet the purpose of this 
     title; and
       (C) coordinate the State's activities under this part with 
     other related strategies, programs, and activities being 
     conducted in the State.
       (4) Limitation.--Consultation required under paragraph (3) 
     shall not interfere with the timely submission of the plan 
     required under this section.
       29. The Senate bill includes consultation as part of state 
     plan.
       HR with an amendment to add ``charter school leaders (in a 
     state that has a charter school law),'' after ``other school 
     leaders,'' and to strike ``plan'' and insert ``application''

[[Page H8579]]

  

       30. The House amendment includes 120 day timeline for state 
     application deemed approval. The Senate bill includes a 90 
     day timeline for state application approval in Title IX for 
     Title II applications, among others.
       HR
       31. The House amendment includes disapproval paragraph. The 
     Senate bill contains a disapproval paragraph in Title IX for 
     Title II applications, among others.
       HR
       32. The House amendment includes notification of state 
     educational agency. The Senate bill includes a notification 
     process in Title IX for Title II applications, among others.
       HR
       33. The House amendment includes a response timeline of 45 
     days. The Senate bill includes a similar response timeline in 
     Title IX for Title II applications, among others.
       HR
       34. The House amendment includes paragraph on failure to 
     respond. The Senate bill includes a paragraph on failure to 
     respond in Title IX for Title II applications, among others.
       HR
       35. The Senate bill includes a prohibition on Secretary.
       HR
       36. The Senate bill and House amendment have different 
     section numbers.
       LC
       37. The Senate bill and House amendment cite different 
     section numbers to reflect differences in respective bill 
     structures.
       LC
       38. The Senate bill and House amendment change the formula 
     in different ways.
       HR
       39. The Senate bill and House amendment change the formula 
     in different ways.
       HR
       40. The Senate bill includes a cap on direct administrative 
     costs of 2 percent.
       SR
       41. The Senate bill includes a rule of construction to 
     allow schools with certain locale codes (rural locale codes) 
     to combine their allocations.
       HR
       42. The Senate bill and House amendment have different 
     section numbers.
       LC
       43. The Senate bill and House amendment have different 
     content requirements for local applications. See also note 
     46.
       HR/SR with amendment to read as follows:
       (4) Contents of application.--Each application submitted 
     under paragraph (1) shall include the following:
       (A) A description of the activities to be carried out by 
     the local educational agency under this section and how these 
     activities will be aligned with the challenging State 
     academic standards including those described in section 
     1111(b)(1).
       (B) A description of the local educational agency's systems 
     of professional growth and improvement, such as induction for 
     teachers, principals, and other school leaders and 
     opportunities for building the capacity of teachers and 
     opportunities to develop meaningful teacher leadership.
       (C) A description of how the local educational agency will 
     prioritize funds to schools served by the agency that are 
     identified under section 1111(d) and have the highest 
     percentage of children counted under section 1124(c).
       (D) A description of how the local educational agency will 
     use data and ongoing consultation described in paragraph (3) 
     to continually update and improve activities supported under 
     this part.
       (E) An assurance that the local educational agency will 
     comply with section 9501 (regarding participation by private 
     school children and teachers).
       (F) An assurance that the local educational agency will 
     coordinate professional development activities authorized 
     under this part with professional development activities 
     provided through other Federal, State, and local programs.
       (5) Consultation.--In developing the application in 
     paragraph (4), a local educational agency shall--
       (A) meaningfully consult with teachers, principals, other 
     school leaders, paraprofessionals (including organizations 
     representing such individuals), specialized instructional 
     support personnel, public charter school leaders (in a local 
     educational agency that has charter schools), parents, 
     community partners, and other organizations or partners with 
     relevant and demonstrated expertise in programs and 
     activities designed to meet the purpose of this title;
       (B) seek advice from the individuals in subparagraph (A) 
     regarding how best to improve the local educational agency's 
     activities to meet the purpose of this title; and
       (C) coordinate the local educational agency's activities 
     under this part with other related strategies, programs, and 
     activities being conducted in the community.
       (6) Limitation.--Consultation required under paragraph (5) 
     shall not interfere with the timely submission of the plan 
     required under this section.
       44. The Senate bill includes a needs assessment analysis 
     for eligibility for a subgrant.
       SR
       45. The Senate bill includes a consultation requirement.
       SR
       46. The Senate bill includes separate paragraph for 
     contents of application. The Senate bill and House amendment 
     have different content requirements for local applications. 
     See note 43 above.
       SR
       47. The Senate bill and House amendment have different uses 
     of funds.
       HR/SR with an amendment to read as follows:
       (b) Types of Activities.--The activities described in this 
     subsection--
       (1) shall be in accordance with the purpose of this title;
       (2) shall address the learning needs of all students, 
     including children with disabilities, English learners, and 
     gifted and talented students; and
       (3) may include, among other programs and activities--
       (A) developing or improving a rigorous, transparent, and 
     fair evaluation and support system for teachers, principals, 
     and other school leaders that is based in part on evidence of 
     student achievement, which may include student growth, and 
     shall include multiple measures of educator performance and 
     provide clear, timely, and useful feedback to teachers, 
     principals, and other schools leaders;
       (B) developing and implementing initiatives to assist in 
     recruiting, hiring, and retaining effective teachers, 
     principals, and other school leaders, particularly in low-
     income schools with high percentages of ineffective teachers 
     and high percentages of students who do not meet the 
     challenging State academic standards described in section 
     1111(b)(1), to improve within-district equity in the 
     distribution of teachers, principals, and school leaders 
     consistent with the requirements of section 1111(c)(1)(F), 
     such as initiatives that provide--
       (i) expert help in screening candidates and enabling early 
     hiring;
       (ii) differential and incentive pay for teachers, 
     principals, and other school leaders in high-need academic 
     subject areas and specialty areas, which may include 
     performance-based pay systems;
       (iii) teacher, paraprofessional, principal, and other 
     school leader advancement and professional growth, and an 
     emphasis on leadership opportunities, multiple career paths 
     and pay differentiation;
       (iv) new teacher, principal, and other school leader 
     induction and mentoring programs that are designed to--

       (I) improve classroom instruction and student learning and 
     achievement;
       (II) increase the retention of effective teachers, 
     principals, and other school leaders;

       (v) the development and provision of training for school 
     leaders, coaches, mentors and evaluators on how to accurately 
     differentiate performance, provide useful feedback, and use 
     evaluation results to inform decisionmaking about 
     professional development, improvement strategies, and 
     personnel decisions; and
       (vi) a system for auditing the quality of evaluation and 
     support systems;
       (C) differential and incentive pay for teachers, 
     principals, and other school leaders in high-need academic 
     subject areas and specialty areas, which may include 
     performance-based pay systems;
       (D) recruiting qualified individuals from other fields to 
     become teachers, principals, or other school leaders 
     including mid-career professionals from other occupations, 
     former military personnel, and recent graduates of 
     institutions of higher education with a record of academic 
     distinction who demonstrate potential to become effective 
     teachers, principals, or other school leaders;
       (E) reducing class size to an evidence-based level, to the 
     extent the state, in consultation with local educational 
     agencies in the state, determines that such evidence is 
     reasonably available, to improve student achievement through 
     the recruiting and hiring of additional effective teachers;
       (F) providing high-quality evidence-based (to the extent 
     the state, in consultation with local educational agencies in 
     the state, determines that such evidence is reasonably 
     available), personalized professional development for 
     teachers, instructional leadership teams, principals, and 
     other school leaders, focused on improving teaching and 
     student learning and achievement, including supporting 
     efforts to train teachers, principals, and other school 
     leaders to--
       (i) effectively integrate technology into curricula and 
     instruction (including education about the harms of copyright 
     piracy);
       (ii) use data to improve student achievement and 
     understanding how to protect individual student privacy in 
     accordance with section 444 of the General Education 
     Provisions Act (commonly known as the ``Family Educational 
     Rights and Privacy Act of 1974'') (20 U.S.C. 123) and State 
     and local policies and laws in the use of such data;
       (iii) effectively engage parents, families and community 
     partners, and coordinate services between school and 
     community;
       (iv) help all students develop the skills essential for 
     learning readiness, and academic success; and
       (v) develop policy with school, local educational agency, 
     community, or State leaders;
       (vi) have opportunities for experiential learning through 
     observation;
       (G) developing programs and activities that increase the 
     ability of teachers to effectively teach children with 
     disabilities, including children with significant cognitive 
     disabilities, which may include the use of multi-tier systems 
     of support and positive behavioral intervention and supports, 
     and students who are English learners, so that such children 
     with disabilities and students

[[Page H8580]]

     who are English learners can meet the challenging State 
     academic standards described in section 1111(b)(1);
       (H) providing programs and activities to increase--
       (i) the knowledge base of teachers, principals, and other 
     school leaders on instruction in the early grades and on 
     strategies to measure whether young children are progressing; 
     and
       (ii) the ability of principals and other school leaders to 
     support teachers, teacher leaders, early childhood educators, 
     and other professionals to meet the needs of students through 
     age 8, which may include providing joint professional 
     learning and planning activities for school staff and 
     educators in preschool programs that address the transition 
     to elementary school;
       (I) providing training, technical assistance, and capacity-
     building in local educational agencies to assist teachers and 
     school leaders with selecting and implementing formative 
     assessments, designing classroom-based assessments, and using 
     data from such assessments to improve instruction and student 
     academic achievement, which may include providing additional 
     time for teachers to review student data and respond, as 
     appropriate;
       (J) carrying out in-service training for school personnel 
     in--
       (i) the techniques and supports needed to help educators 
     understand when and how to refer students affected by trauma, 
     and children with, or at risk of, mental illness;
       (ii) the use of referral mechanisms that effectively link 
     such children to appropriate treatment and intervention 
     services in the school and in the community, where 
     appropriate; and
       (iii) forming partnerships between school-based mental 
     health programs and public or private mental health 
     organizations;
       (iv) addressing issues related to school conditions for 
     student learning, such as safety, peer interaction, drug and 
     alcohol abuse, and chronic absenteeism.
       Report Language: The Conferees intend that references to 
     safety and peer interaction within this title include 
     instances of school violence, bullying, and harassment.
       (L) providing training to support the identification of 
     students who are gifted and talented, including high-ability 
     students who have not been formally identified for gifted 
     education services, and implementing instructional practices 
     that support the education of such students, such as--
       (i) early entrance to kindergarten;
       (ii) enrichment, acceleration, and curriculum compacting 
     activities; and
       (iii) dual or concurrent enrollment in secondary school and 
     postsecondary education;
       (M) supporting the instructional services provided by 
     effective school library programs;
       (N) providing training for all school personnel, including 
     teachers, principals, other school leaders, specialized 
     instructional support personnel, and paraprofessionals, 
     regarding how to prevent and recognize child sexual abuse;
       (O) developing and providing professional development and 
     instructional materials for science, technology, engineering, 
     and mathematics subjects, including computer science.
       (Q) developing feedback mechanisms to improve school 
     working conditions, including through periodically and 
     publicly reporting results of educator support and working 
     conditions feedback;
       Report Language: ``It is the Conferees' intent that school 
     districts' examinations of working conditions for teachers, 
     principals, and other school leaders should include 
     evaluations of the supports for such individuals developed in 
     consultation with teachers, principals, other school leaders, 
     other school personnel, parents, students, and the community. 
     These supports may include the availability of high-quality 
     professional development, instructional materials, 
     instructional leadership, opportunities for professional 
     growth, timely availability of data on student academic 
     achievement and growth, and a review of school safety and 
     conditions for learning.''
       (R) 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;
       (S) carrying out other evidence-based activities, to the 
     extent the state, in consultation with local educational 
     agencies in the state, determines that such evidence is 
     reasonably available, identified by the local educational 
     agency that meet the purpose of this title.
       Report Language: ``The Conferees intend that local 
     educational agencies will use funds in ways that best support 
     teachers to help improve student achievement. Local 
     educational agencies may use funds for activities such as 
     improving the instructional skills of athletic administrators 
     who are also teachers and supporting teachers to increase the 
     entrepreneurial skills of students.''
       48. The Senate bill, but not the House amendment, requires 
     funds to be used for evidence-based programs and activities, 
     and allows activities to be carried out with a for-profit or 
     non-profit entity, in partnership with an IHE or Indian tribe 
     or tribal organization.
       HR with an amendment to strike ``evidence-based''
       49. The Senate bill includes a separate subparagraph (b) 
     for types of activities that can be funded with local funds, 
     and includes a few required uses of funds.
       SR
       50. The Senate bill includes principles of effectiveness 
     for programs and activities.
       SR
       51. The Senate bill includes periodic evaluations of 
     programs and activities and a prohibition on the Secretary.
       SR
       52. The Senate bill and House amendment have different 
     section numbers and different section headers.
       LC
       53. The Senate bill and House amendment each require annual 
     reports of local educational agencies to State educational 
     agencies and State educational agencies to the Secretary, but 
     contents of report are different. The Senate bill requires 
     reports be made public.
       HR/SR with an amendment to read as follows:
       (a) State Report.--Each State educational agency receiving 
     funds under this part shall annually submit to the Secretary 
     a report that provides--
       (1) a description of how the State is using grant funds 
     received under this part to meet the purposes described in 
     section 2101, and how such chosen activities improved 
     teacher, principal and other school leader effectiveness, as 
     determined by the State or local educational agency;
       (2) if funds are used under this part to improve equitable 
     access to teachers, principals, and other school leaders for 
     low-income and minority students, a description of how funds 
     have been used to improve such access;
       (3) for a State that implements a teacher, principal, and 
     other school leader evaluation system consistent with 
     [section 2101(c)(4)(B)(ii)] using funds under this part, the 
     evaluation results of teachers, principals, and other school 
     leaders, except that such information shall not provide 
     personally identifiable information on individual teachers, 
     principals, or other school leaders;
       (4) where available, the annual retention rates of 
     effective and ineffective teachers, principals, and other 
     school leaders, as determined by the State, using any methods 
     or criteria the State has or develops under section 
     1111[(c)(2)(A)], except nothing in this paragraph shall be 
     construed to require any State educational agency or local 
     educational agency to collect and report any data the State 
     educational agency or local educational agency is not 
     collecting or reporting as of the date of enactment of Every 
     Student Succeeds Act of 2017.
       (b) Local Educational Agency Report.--Each local 
     educational agency receiving funds under this part shall 
     submit to the State educational agency such information as 
     the State requires, which shall include the information 
     described in subsection (a) for the local educational agency.
       (c) Availability.--The reports and information provided 
     under subsections (a) and (b) shall be made readily available 
     to the public.
       (d) Limitation.--The reports and information provided under 
     subsections (a) and (b) shall not reveal personally 
     identifiable information about any individual.
       54. The Senate bill and House amendment both provide for 
     technical assistance and national evaluations of programs but 
     with different requirements under those headers.
       HR/SR with amendment to read as follows:

                      PART B--NATIONAL ACTIVITIES

     SEC. 2201. RESERVATIONS.

       From the amounts appropriated under section 2003(b) for a 
     fiscal year, the Secretary shall reserve--
       ``(1) [$__] to carry out activities authorized under 
     subpart 1;
       ``(2) [$__] to carry out activities authorized under 
     subpart 2;
       ``(3) [$__] to carry out activities authorized under 
     subpart 3; and
       ``(4) [$__] to carry out activities authorized under 
     subpart 4.


         Subpart 1--Teacher and School Leader Incentive Program

     SEC. 2211. PURPOSES; DEFINITIONS.

       (a) Purposes.--The purposes of this subpart are--
       (1) to assist States, local educational agencies, and 
     nonprofit organizations to develop, implement, improve, or 
     expand comprehensive performance-based compensation systems 
     or human capital management systems for teachers, principals, 
     and other school leaders (especially for teachers, 
     principals, and other school leaders in high-need schools) 
     who raise student academic achievement and close the 
     achievement gap between high- and low-performing students; 
     and
       (2) to study and review performance-based compensation 
     systems or human capital management systems for teachers, 
     principals, and other school leaders to evaluate the 
     effectiveness, fairness, quality, consistency, and 
     reliability of the systems.
       (b) Definitions.--In this subpart:
       (1) Eligible entity.--The term `eligible entity' means--
       (A) a local educational agency, including a charter school 
     that is a local educational agency, or a consortium of local 
     educational agencies;
       (B) a State educational agency or other State agency 
     designated by the chief executive of a State to participate 
     under this subpart;

[[Page H8581]]

       (C) the Bureau of Indian Education; or (D) a partnership 
     consisting of--
       (i) 1 or more agencies described in subparagraph (A),(B), 
     or (C); and
       (ii) at least 1 nonprofit or for-profit entity.
       (2) High-need school.--The term `high-need school' means a 
     public elementary school or secondary school that is located 
     in an area in which the percentage of students from families 
     with incomes below the poverty line is 30 percent or more.
       (3) Human capital management system.--The term `human 
     capital management system' means a system--
       (A) by which a local educational agency makes and 
     implements human capital decisions, such as decisions on 
     preparation, recruitment, hiring, placement, retention, 
     dismissal, compensation, professional development, tenure, 
     and promotion; and
       (B) that includes a performance-based compensation system.
       (4) Performance-based compensation system.--The term 
     `performance-based compensation system' means a system of 
     compensation for teachers, principals, and other school 
     leaders that--
       (A) differentiates levels of compensation based in part on 
     measurable increases in student academic achievement; and
       (B) may include--
       (i) differentiated levels of compensation, which may 
     include bonus pay, on the basis of the employment 
     responsibilities and success of effective teachers, 
     principals, and other school leaders in hard-to-staff schools 
     or high-need subject areas; and
       (ii) recognition of the skills and knowledge of teachers, 
     principals, and other school leaders as demonstrated 
     through--

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

     ``SEC. 2212. TEACHER AND SCHOOL LEADER INCENTIVE FUND GRANTS.

       (a) Grants Authorized.--From the amounts reserved by the 
     Secretary under section 2201(1), the Secretary shall award 
     grants, on a competitive basis, to eligible entities to 
     enable the eligible entities to develop, implement, improve, 
     or expand performance-based compensation systems or human 
     capital management systems, in schools served by the eligible 
     entity.
       (b) Duration of Grants.--
       (1) In general.--A grant awarded under this subpart shall 
     be for a period of not more than 3 years.
       (2) Renewal.--The Secretary may renew a grant awarded under 
     this subpart for a period of up to 2 years if the grantee 
     demonstrates to the Secretary that the grantee is effectively 
     utilizing funds. Such renewal may include allowing the 
     grantee to scale up or replicate the successful program.
       (3) Limitation.--A local educational agency may receive 
     (whether individually or as part of a consortium or 
     partnership) a grant under this subpart only twice, as of the 
     date of enactment of the Every Student Succeeds Act of 2015.
       (c) Applications.--An eligible entity desiring a grant 
     under this subpart shall submit an application to the 
     Secretary, at such time and in such manner, as the Secretary 
     may reasonably require. The application shall include--
       (1) a description of the performance-based compensation 
     system or human capital management system that the eligible 
     entity proposes to develop, implement, improve, or expand 
     through the grant;
       (2) a description of the most significant gaps or 
     insufficiencies in student access to effective teachers and 
     school leaders in high-need schools, including gaps or 
     inequities in how effective teachers and school leaders are 
     distributed across the local educational agency, as 
     identified using factors such as data on school resources, 
     staffing patterns, school environment, educator support 
     systems, and other school-level factors;
       (3) a description and evidence of the support and 
     commitment from teachers, principals, and other school 
     leaders, which may include charter school leaders, in the 
     school (including organizations representing teachers, 
     principals, and other school leaders), the community, and the 
     local educational agency to the activities proposed under the 
     grant;
       (4) a description of how the eligible entity will develop 
     and implement a fair, rigorous, valid, reliable, and 
     objective process to evaluate teacher, principal, and school 
     leader, performance under the system that is based in part on 
     measures of student academic achievement, including the 
     baseline performance against which evaluations of improved 
     performance will be made;
       (5) a description of the local educational agencies or 
     schools to be served under the grant, including such student 
     academic achievement, demographic, and socioeconomic 
     information as the Secretary may request;
       (6) a description of the effectiveness of teachers, 
     principals, and other school leaders in the local educational 
     agency and the schools to be served under the grant and the 
     extent to which the system will increase the effectiveness of 
     teachers, principals, and other school leaders in such 
     schools;
       (7) a description of how the eligible entity will use grant 
     funds under this subpart in each year of the grant, including 
     a timeline for implementation of such activities;
       (8) a description of how the eligible entity will continue 
     the activities assisted under the grant after the grant 
     period ends;
       (9) a description of the State, local, or other public or 
     private funds that will be used to supplement the grant, 
     including funds under part A, and sustain the activities 
     assisted under the grant at the end of the grant period;
       (10) a description of--
       (A) the rationale for the project;
       (B) how the proposed activities are evidence-based; and
       (C) if applicable, the prior experience of the eligible 
     entity in developing and implementing such activities; and
       (11) a description of how activities funded under this 
     subpart will be evaluated, monitored, and publically 
     reported.
       (d) Award Basis.--
       (1) Priority.--In awarding a grant under this subpart, the 
     Secretary shall give priority to an eligible entity that 
     concentrates the activities proposed to be assisted under the 
     grant on teachers, principals, and other school leaders 
     serving in high-need schools.
       (2) Equitable distribution.--To the extent practicable, the 
     Secretary shall ensure an equitable geographic distribution 
     of grants under this subpart, including the distribution of 
     such grants between rural and urban areas.
       (e) Use of Funds.--
       (1) In general.--An eligible entity that receives a grant 
     under this subpart shall use the grant funds to develop, 
     implement, improve, or expand, in collaboration with 
     teachers, principals, other school leaders, and members of 
     the public, a performance-based compensation system or human 
     capital management system consistent with this subpart.
       (2) Authorized activities.--Grant funds under this subpart 
     may be used for the following:
       (A) Developing or improving an evaluation and support 
     system, including as part of a human capital management 
     system as applicable, that--
       (i) reflects clear and fair measures of teacher, principal, 
     and other school leader performance, based in part on 
     demonstrated improvement in student academic achievement; and
       (ii) provides teachers, principals, and other school 
     leaders with ongoing, differentiated, targeted, and 
     personalized support and feedback for improvement, including 
     professional development opportunities designed to increase 
     effectiveness.
       (B) Conducting outreach within a local educational agency 
     or a State to gain input on how to construct an evaluation 
     system described in subparagraph (A) and to develop support 
     for the evaluation system, including by training appropriate 
     personnel in how to observe and evaluate teachers, 
     principals, and other school leaders.
       (C) Providing principals and other school leaders with--
       (i) balanced autonomy to make budgeting, scheduling, and 
     other school-level decisions in a manner that meets the needs 
     of the school without compromising the intent or essential 
     components of the policies of the local educational agency or 
     State; and
       (ii) authority to make staffing decisions that meet the 
     needs of the school, such as building an instructional 
     leadership team that includes teacher leaders or offering 
     opportunities for teams or pairs of effective teachers or 
     candidates to teach or start teaching in high-need schools 
     together.
       (D) Implementing, as part of a comprehensive performance-
     based compensation system, a differentiated salary structure, 
     which may include bonuses and stipends, to--
       (i) teachers who--

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

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

[[Page H8582]]

  


     SEC. 2213. REPORTS.

       (a) Activities Summary.--Each eligible entity receiving a 
     grant under this part shall provide to the Secretary a 
     summary of the activities assisted under the grant.
       (b) Report.--The Secretary shall provide to Congress an 
     annual report on the implementation of the program carried 
     out under this subpart, including--
       (1) information on eligible entities that received grant 
     funds under this subpart, including--
       (A) information provided by eligible entities to the 
     Secretary in the applications submitted under section 
     2212(c);
       (B) the summaries received under subsection (a); and
       (C) grant award amounts; and (2) student academic 
     achievement and, as applicable, growth data from the schools 
     participating in the programs supported under the grant.
       (c) Evaluation and Technical Assistance.--
       (1) Reservation of funds.--Of the total amount reserved for 
     this subpart for a fiscal year, the Secretary may reserve for 
     such fiscal year not more than 1 percent for the cost of the 
     evaluation under paragraph (2) and for technical assistance 
     in carrying out this subpart.
       (2) Evaluation.--From amounts reserved under paragraph (1), 
     the Secretary, acting through the Director of the Institute 
     of Education Sciences, shall carry out an independent 
     evaluation to measure the effectiveness of the program 
     assisted under this subpart.
       (3) Contents.--The evaluation under paragraph (2) shall 
     measure--
       (A) the effectiveness of the program in improving student 
     academic achievement;
       (B) the satisfaction of the participating teachers, 
     principals, and other school leaders; and
       (C) the extent to which the program assisted the eligible 
     entities in recruiting and retaining high-quality teachers, 
     principals, and other school leaders, especially in high-need 
     subject areas.''.


     Subpart 2--Literacy Education For All, Results For the Nation

     SEC. 2221. PURPOSES; DEFINITIONS.

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

     SEC. 2222. COMPREHENSIVE LITERACY STATE DEVELOPMENT GRANTS.

       (a) Grants Authorized.--From the amounts reserved by the 
     Secretary under section 2201(2) and not reserved under 
     subsection (b), the Secretary shall award grants, on a 
     competitive basis, to State educational agencies to enable 
     the State educational agencies to--
       (1) provide subgrants to eligible entities serving a 
     diversity of geographic areas, giving priority to entities 
     serving greater numbers or percentages of disadvantaged 
     children; and
       (2) develop or enhance comprehensive literacy instruction 
     plans that ensure high-quality instruction and effective 
     strategies in reading and writing for children from early 
     childhood education through grade 12, including English 
     learners and children with disabilities.
       (b) Reservation.--From the amounts reserved to carry out 
     this subpart for a fiscal year, the Secretary shall reserve--
       (1) not more than a total of 5 percent for national 
     activities including a national evaluation, technical 
     assistance and training, data collection, and reporting;
       (2) one-half of 1 percent for the Secretary of the Interior 
     to carry out a program described in this subpart at schools 
     operated or funded by the Bureau of Indian Education; and
       (3) one-half of 1 percent for the outlying areas to carry 
     out a program under this subpart.
       (c) Duration of Grants.--A grant awarded under this subpart 
     shall be for a period of not more than 5 years total. Such 
     grant may be renewed for an additional 2-year period upon the 
     termination of the initial period of the grant if the grant 
     recipient demonstrates to the satisfaction of the Secretary 
     that--
       (1) the State has made adequate progress; and
       (2) renewing the grant for an additional 2-year period is 
     necessary to carry out the objectives of the grant described 
     in subsection (d).
       (d) State Applications.--
       (1) In general.--A State educational agency desiring a 
     grant under this subpart shall submit an application to the 
     Secretary, at such time and in such manner as the Secretary 
     may require. The State educational agency shall collaborate 
     with the State agency responsible for administering early 
     childhood education programs and the State agency responsible 
     for administering child care programs in the State in writing 
     and implementing the early childhood education portion of the 
     grant application under this subsection.
       (2) Contents.--An application described in paragraph (1) 
     shall include, at a minimum, the following:
       (A) A needs assessment that analyzes literacy needs across 
     the State and in high-need schools and local educational 
     agencies

[[Page H8583]]

     that serve high-need schools, including identifying the most 
     significant gaps in literacy proficiency and inequities in 
     student access to effective teachers of literacy, considering 
     each of the subgroups of students, as defined in [section 
     1111(c)(1)].
       (B) A description of how the State educational agency, in 
     collaboration with the State literacy team, if applicable, 
     will develop a State comprehensive literacy instruction plan 
     or will revise and update an already existing State 
     comprehensive literacy instruction plan.
       (C) An implementation plan that includes a description of 
     how the State educational agency will carry out the State 
     activities described in subsection (e).
       (D) An assurance that the State educational agency will use 
     implementation grant funds described in subsection (e)(1) for 
     comprehensive literacy instruction programs as follows:
       (i) Not less than 15 percent of such grant funds shall be 
     used for State and local programs and activities pertaining 
     to children from birth through kindergarten entry.
       (ii) Not less than 40 percent of such grant funds shall be 
     used for State and local programs and activities, allocated 
     equitably among the grades of kindergarten through grade 5.
       (iii) Not less than 40 percent of such grant funds shall be 
     used for State and local programs and activities, allocated 
     equitably among grades 6 through 12.
       (E) An assurance that the State educational agency will 
     give priority in awarding a subgrant under section 2223 to an 
     eligible entity that--
       (i) serves children from birth through age 5 who are from 
     families with income levels at or below 200 percent of the 
     Federal poverty line; or
       (ii) is a local educational agency serving a high number or 
     percentage of high-need schools.
       (e) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to State educational agencies 
     that will use funds under subsection (f) for evidence-based 
     activities, defined as meeting the requirements of subclauses 
     (I), (II), or (III) of section 8101 (23)(A)(i).
       (f) State Activities.--
       (1) In general.--A State educational agency receiving a 
     grant under this section shall use not less than 95 percent 
     of such grant funds to award subgrants to eligible entities, 
     based on their needs assessment and a competitive application 
     process.
       (2) Reservation.--A State educational agency receiving a 
     grant under this section may reserve not more than 5 percent 
     for activities identified through the needs assessment and 
     comprehensive literacy plan described in subparagraphs (A) 
     and (B) of subsection (d)(2), including the following 
     activities:
       (A) Providing technical assistance, or engaging qualified 
     providers to provide technical assistance, to eligible 
     entities to enable the eligible entities to design and 
     implement literacy programs.
       (B) Coordinating with institutions of higher education in 
     the State to provide recommendations to strengthen and 
     enhance pre-service courses for students preparing to teach 
     children from birth through grade 12 in explicit, systematic, 
     and intensive instruction in evidence-based literacy methods.
       (C) Reviewing and updating, in collaboration with teachers 
     and institutions of higher education, State licensure or 
     certification standards in the area of literacy instruction 
     in early education through grade 12.
       (D) Making publicly available, including on the State 
     educational agency's website, information on promising 
     instructional practices to improve child literacy 
     achievement.
       (E) Administering and monitoring the implementation of 
     subgrants by eligible entities.
       (3) Additional uses.--After carrying out the activities 
     described in paragraphs (1) and (2), a State educational 
     agency may use any remaining amount to carry out 1 or more of 
     the following activities:
       (A) Developing literacy coach training programs and 
     training literacy coaches.
       (B) Administration and evaluation of activities carried out 
     under this subpart.

     SEC. 2223. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF BIRTH 
                   THROUGH KINDERGARTEN ENTRY LITERACY.

       (a) Subgrants.--
       (1) In general.--A State educational agency receiving a 
     grant under this subpart shall, in consultation with the 
     State agencies responsible for administering early childhood 
     education programs and services, including the State agency 
     responsible for administering child care programs, and, if 
     applicable, the State Advisory Council on Early Childhood 
     Education and Care designated or established pursuant to 
     section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 
     9837b(b)(1)(A)(i)), use a portion of the grant funds, in 
     accordance with section 2402(d)(2)(D)(i), to award subgrants, 
     on a competitive basis, to eligible entities to enable the 
     eligible entities to support high-quality early literacy 
     initiatives for children from birth through kindergarten 
     entry.
       (2) Duration.--The term of a subgrant under this section 
     shall be determined by the State educational agency awarding 
     the subgrant and shall in no case exceed 5 years.
       (3) Sufficient size and scope.--Each subgrant awarded under 
     this section shall be of sufficient size and scope to allow 
     the eligible entity to carry out high-quality early literacy 
     initiatives for children from birth through kindergarten 
     entry.
       (b) Local Applications.--An eligible entity desiring to 
     receive a subgrant under this section shall submit an 
     application to the State educational agency, at such time, in 
     such manner, and containing such information as the State 
     educational agency may require. Such application shall 
     include a description of--
       (1) how the subgrant funds will be used to enhance the 
     language and literacy development and school readiness of 
     children, from birth through kindergarten entry, in early 
     childhood education programs, which shall include an analysis 
     of data that support the proposed use of subgrant funds;
       (2) how the subgrant funds will be used to prepare and 
     provide ongoing assistance to staff in the programs, through 
     high-quality professional development;
       (3) how the activities assisted under the subgrant will be 
     coordinated with comprehensive literacy instruction at the 
     kindergarten through grade 12 levels;
       (4) how the subgrant funds will be used to evaluate the 
     success of the activities assisted under the subgrant in 
     enhancing the early language and literacy development of 
     children from birth through kindergarten entry;
       (c) Priority.--In awarding grants under this section, the 
     State educational agency shall give priority to an eligible 
     entity that will use funds under subsection (d) to implement 
     evidence-based activities, defined as meeting the 
     requirements of subclauses (I), (II), or (III) of section 
     8101 (23)(A)(i).
       (d) Local Uses of Funds.--An eligible entity that receives 
     a subgrant under this section shall use the subgrant funds, 
     consistent with the entity's approved application under 
     subsection (b), to--
       (1) carry out high-quality professional development 
     opportunities for early childhood educators, teachers, 
     principals, other school leaders, paraprofessionals, 
     specialized instructional support personnel, and 
     instructional leaders;
       (2) train providers and personnel to develop and administer 
     evidence-based early childhood education literacy 
     initiatives; and
       (3) coordinate the involvement of families, early childhood 
     education program staff, principals, other school leaders, 
     specialized instructional support personnel (as appropriate), 
     and teachers in literacy development of children served under 
     the subgrant.

     SEC. 2224. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF 
                   KINDERGARTEN THROUGH GRADE 12 LITERACY.

       (a) Subgrants to Eligible Entities.-- 
       (1) Subgrants.--A State educational agency receiving a 
     grant under this subpart shall use a portion of the grant 
     funds, in accordance with clauses (ii) and (iii) of section 
     2402(d)(2)(D), to award subgrants, on a competitive basis, to 
     eligible entities to enable the eligible entities to carry 
     out the authorized activities described in subsections (b) 
     and (c).
       (2) Duration.--The term of a subgrant under this section 
     shall be determined by the State educational agency awarding 
     the subgrant and shall in no case exceed 5 years.
       (3) Sufficient size and scope.--A State educational agency 
     shall award subgrants under this section of sufficient size 
     and scope to allow the eligible entities to carry out high-
     quality comprehensive literacy instruction in each grade 
     level for which the subgrant funds are provided.
       (4) Local applications.--An eligible entity desiring to 
     receive a subgrant under this section shall submit an 
     application to the State educational agency at such time, in 
     such manner, and containing such information as the State 
     educational agency may require. Such application shall 
     include, for each school that the eligible entity identifies 
     as participating in a subgrant program under this section, 
     the following information:
       (A) A description of the eligible entity's [needs 
     assessment] conducted to identify how subgrant funds will be 
     used to inform and improve comprehensive literacy instruction 
     at the school.
       (B) How the school, the local educational agency, or a 
     provider of high-quality professional development will 
     provide ongoing high-quality professional development to all 
     teachers, principals, other school leaders, specialized 
     instructional support personnel (as appropriate), and other 
     instructional leaders served by the school.
       (C) How the school will identify children in need of 
     literacy interventions or other support services.
       (D) An explanation of how the school will integrate 
     comprehensive literacy instruction into a well-rounded 
     education.
       (E) A description of how the school will coordinate 
     comprehensive literacy instruction with early childhood 
     education and after-school programs and activities in the 
     area served by the local educational agency.
       (b) Priority.--In awarding grants under this section, the 
     State educational agency shall give priority to an eligible 
     entity that will use funds under subsection (c) or (d) to 
     implement evidence-based activities, defined as meeting the 
     requirements of subclauses (I), (II), or (III) of section 
     8101(23)(A)(i).
       (c) Local Uses of Funds for Kindergarten Through Grade 5.--
     An eligible entity that receives a subgrant under this 
     section shall use the subgrant funds to carry out the 
     following activities pertaining to children in kindergarten 
     through grade 5:
       (1) Developing and implementing a comprehensive literacy 
     instruction plan across content areas for such children 
     that--

[[Page H8584]]

       (A) serves the needs of all children, including children 
     with disabilities and English learners, especially children 
     who are reading or writing below grade level;
       (B) provides intensive, supplemental, accelerated, and 
     explicit intervention and support in reading and writing for 
     children whose literacy skills are below grade level; and
       (C) supports activities that are provided primarily during 
     the regular school day but which may be augmented by after-
     school and out-of-school time instruction.
       (2) Providing high-quality professional development 
     opportunities for teachers, literacy coaches, literacy 
     specialists, English as a second language specialists (as 
     appropriate), principals, other school leaders, specialized 
     instructional support personnel, school librarians, 
     paraprofessionals, and other program staff.
       (3) Training principals, specialized instructional support 
     personnel, and other school district personnel to support, 
     develop, administer, and evaluate high-quality kindergarten 
     through grade 5 literacy initiatives.
       (4) Coordinating the involvement of early childhood 
     education program staff, principals, other instructional 
     leaders, teachers, teacher literacy teams, English as a 
     second language specialists (as appropriate), special 
     educators, school personnel, and specialized instructional 
     support personnel (as appropriate) in the literacy 
     development of children served under this subsection.
       (5) Engaging families and encouraging family literacy 
     experiences and practices to support literacy development.
       (d) Local Uses of Funds for Grades 6 Through 12.--An 
     eligible entity that receives a subgrant under this section 
     shall use subgrant funds to carry out the following 
     activities pertaining to children in grades 6 through 12:
       (1) Developing and implementing a comprehensive literacy 
     instruction plan described in subsection (b)(1) for children 
     in grades 6 through 12.
       (2) Training principals, specialized instruction support 
     personnel, school librarians, and other school district 
     personnel to support, develop, administer, and evaluate high-
     quality comprehensive literacy instruction initiatives for 
     grades 6 through 12.
       (3) Assessing the quality of adolescent comprehensive 
     literacy instruction as part of a well-rounded education.
       (4) Providing time for teachers to meet to plan evidence-
     based adolescent comprehensive literacy instruction to be 
     delivered as part of a well rounded education.
       (5) Coordinating the involvement of principals, other 
     instructional leaders, teachers, teacher literacy teams, 
     English as a second language specialists (as appropriate), 
     paraprofessionals, special educators, specialized 
     instructional support personnel (as appropriate), and school 
     personnel in the literacy development of children served 
     under this subsection.
       (e) Allowable Uses.--An eligible entity that receives a 
     subgrant under this section may, in addition to carrying out 
     the activities described in subsection (b) or (c), use 
     subgrant funds to carry out the following activities 
     pertaining to children in kindergarten through grade 12:
       (1) Recruiting, placing, training, and compensating 
     literacy coaches.
       (2) Connecting out-of-school learning opportunities to in-
     school learning in order to improve the literacy achievement 
     of the children.
       (3) Training families and caregivers to support the 
     improvement of adolescent literacy.
       (4) Providing for a multitier system of support.
       (5) Forming a school literacy leadership team to help 
     implement, assess, and identify necessary changes to the 
     literacy initiatives in 1 or more schools to ensure success.
       (6) Providing time for teachers (and other literacy staff, 
     as appropriate, such as school librarians or specialized 
     instructional support personnel) to meet to plan 
     comprehensive literacy instruction.

     SEC. 2225. NATIONAL EVALUATION AND INFORMATION DISSEMINATION.

       (a) National Evaluation.--From funds reserved under section 
     2222(b)(1), the Director of the Institute of Education 
     Sciences shall conduct a national evaluation of the grant and 
     subgrant programs assisted under this subpart. Such 
     evaluation shall include evidence-based research that applies 
     rigorous and systematic procedures to obtain valid knowledge 
     relevant to the implementation and effect of the programs and 
     shall directly coordinate with individual State evaluations 
     of the programs' implementation and impact.
       (b) Program Improvement.--The Secretary shall--
       (1) provide the findings of the evaluation conducted under 
     this section to State educational agencies and subgrant 
     recipients for use in program improvement;
       (2) make such findings publicly available, including on the 
     websites of the Department and the Institute of Education 
     Sciences;
       (3) submit such findings to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives; and (4) make publicly available, in a manner 
     consistent with paragraph (2) best practices for implementing 
     evidence-based activities under this subpart, including 
     evidence-based activities that meet the requirements of 
     subclauses (I), (II), or (III) of section 8101 (23)(A)(i).

     SEC 2226. [LITERACY PROGRAMS]

       (a) In general.--From funds made available under section 
     2201(2), the Secretary may award grants, contracts, or 
     cooperative agreements, on a competitive basis, to eligible 
     entities for the purposes of promoting literacy programs that 
     support the development of literacy skills in low-income 
     communities, including--
       (1) developing and enhancing effective school library 
     programs, which may include providing professional 
     development for school librarians, books, and up-to-date 
     materials to high-need schools;
       (2) early literacy services, including pediatric literacy 
     programs through which, during well-child visits, medical 
     providers trained in research-based methods of early language 
     and literacy promotion provide developmentally appropriate 
     books and recommendations to parents to encourage them to 
     read aloud to their children starting in infancy; and (3) 
     programs that provide high-quality books on a regular basis 
     to children and adolescents from low-income communities to 
     increase reading motivation, performance, and frequency.
       (b) Definitions.--In this section:
       (1) Eligible entity.--The term `eligible entity' means--
       (A) a local educational agency in which 20 percent or more 
     of the students served by the local educational agency are 
     from families with an income below the poverty line;
       (B) a consortium of such local educational agencies;
       (C) the Bureau of Indian Education; or (D) an eligible 
     national nonprofit organization.
       (2) ELigible national nonprofit organization.--The term 
     `eligible national nonprofit organization' means an 
     organization of national scope that--
       (A) is supported by staff, which may include volunteers, or 
     affiliates at the State and local levels; and (B) 
     demonstrates effectiveness or high-quality plans for 
     addressing childhood literacy activities for the population 
     targeted by the grant.

     SEC. 2227. SUPPLEMENT, NOT SUPPLANT.

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


            Subpart 3--American History and Civics Education

     SEC. 2231. PROGRAM AUTHORIZED.

       (a) In General.--From the amount reserved by the Secretary 
     under section 2201(3), the Secretary is authorized to carry 
     out an American history and civics education program to 
     improve--
       (1) the quality of American history, civics, and government 
     education by educating students about the history and 
     principles of the Constitution of the United States, 
     including the Bill of Rights; and (2) the quality of the 
     teaching of American history, civics, and government in 
     elementary schools and secondary schools, including the 
     teaching of traditional American history.
       (b) Funding Allotment.--Of the amount reserved under 
     subsection (a) for a fiscal year, the Secretary--
       (1) shall use not less than [___ percent] for activities 
     under section 2232; and (2) may use not more than [___ 
     percent] for activities under section 2233.

     SEC. 2232. PRESIDENTIAL AND CONGRESSIONAL ACADEMIES FOR 
                   AMERICAN HISTORY AND CIVICS.

       (a) In General.--From the amounts reserved under section 
     2231(b)(1), the Secretary shall award not more than 12 
     grants, on a competitive basis, to--
       (1) eligible entities to establish Presidential Academies 
     for the Teaching of American History and Civics (in this 
     section referred to as the `Presidential Academies') in 
     accordance with subsection (e); and (2) eligible entities to 
     establish Congressional Academies for Students of American 
     History and Civics (in this section referred to as the 
     `Congressional Academies') in accordance with subsection (f).
       (b) Application.--An eligible entity that desires to 
     receive a grant under subsection (a) shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require.
       (c) Eligible Entity.--The term `eligible entity' under this 
     section means--
       (1) an institution of higher education or nonprofit 
     educational organization, museum, library, or research center 
     with demonstrated expertise in historical methodology or the 
     teaching of American history and civics; or (2) a consortium 
     of entities described in paragraph (1).
       (d) Grant Terms.--Grants awarded to eligible entities under 
     subsection (a) shall be for a term of not more than 5 years.
       (e) Presidential academies.--
       (1) Use Of funds.--Each eligible entity that receives a 
     grant under subsection (a)(1) shall use the grant funds to 
     establish a Presidential Academy that offers a seminar or 
     institute for teachers of American history and civics, 
     which--
       (A) provides intensive professional development 
     opportunities for teachers of American history and civics to 
     strengthen such teachers' knowledge of the subjects of 
     American history and civics;
       (B) is led by a team of primary scholars and core teachers 
     who are accomplished in the field of American history and 
     civics;
       (C) is conducted during the summer or other appropriate 
     time; and (D) is of not less than 2 weeks and not more than 6 
     weeks in duration.

[[Page H8585]]

       (2) Selection of teachers.--Each year, each Presidential 
     Academy shall select between 50 and 300 teachers of American 
     history and civics from public or private elementary schools 
     and secondary schools to attend the seminar or institute 
     under paragraph (1).
       (3) Teacher stipends.--Each teacher selected to participate 
     in a seminar or institute under this subsection shall be 
     awarded a fixed stipend based on the length of the seminar or 
     institute to ensure that such teacher does not incur personal 
     costs associated with the teacher's participation in the 
     seminar or institute.
       (4) Priority.--In awarding grants under this subsection, 
     the Secretary shall give priority to eligible entities that 
     coordinate or align their activities with the National Park 
     Service National Centennial Parks initiative to develop 
     innovative and comprehensive programs using the resources of 
     the National Parks.
       (f) Congressional academies.--
       (1) Use of funds.--Each eligible entity that receives a 
     grant under subsection (a)(2) shall use the grant funds to 
     establish a Congressional Academy that offers a seminar or 
     institute for outstanding students of American history and 
     civics, which--
       (A) broadens and deepens such students' understanding of 
     American history and civics;
       (B) is led by a team of primary scholars and core teachers 
     who are accomplished in the field of American history and 
     civics;
       (C) is conducted during the summer or other appropriate 
     time; and (D) is of not less than 2 weeks and not more than 6 
     weeks in duration.
       (2) SElection of students.--
       (A) In general.--Each year, each Congressional Academy 
     shall select between 100 and 300 eligible students to attend 
     the seminar or institute under paragraph (1).
       (B) Eligible students.--A student shall be eligible to 
     attend a seminar or institute offered by a Congressional 
     Academy under this subsection if the student--
       (i) is recommended by the student's secondary school 
     principal or other school leader to attend the seminar or 
     institute; and
       (ii) will be a junior or senior in the academic year 
     following attendance at the seminar or institute.
       (3) Student stipends.--Each student selected to participate 
     in a seminar or institute under this subsection shall be 
     awarded a fixed stipend based on the length of the seminar or 
     institute to ensure that such student does not incur personal 
     costs associated with the student's participation in the 
     seminar or institute.
       (g) Matching Funds.--
       (1) In general.--An eligible entity that receives funds 
     under subsection (a) shall provide, toward the cost of the 
     activities assisted under the grant, from non-Federal 
     sources, an amount equal to 100 percent of the amount of the 
     grant.
       (2) Waiver.--The Secretary may waive all or part of the 
     matching requirement described in paragraph (1) for any 
     fiscal year for an eligible entity if the Secretary 
     determines that applying the matching requirement would 
     result in serious hardship or an inability to carry out the 
     activities described in subsection (e) or (f).

     SEC. 2233. NATIONAL ACTIVITIES.

       (a) Purpose.--The purpose of this section is to promote new 
     and existing evidence-based strategies to encourage 
     innovative American history, civics and government, and 
     geography instruction, learning strategies, and professional 
     development activities and programs for teachers, principals, 
     and other school leaders, particularly such instruction, 
     strategies, activities, and programs that benefit low-income 
     students and underserved populations.
       (b) In General.--From the amounts reserved by the Secretary 
     under section 2231(b)(2), the Secretary shall award grants, 
     on a competitive basis, to eligible entities for the purposes 
     of expanding, developing, implementing, evaluating, and 
     disseminating for voluntary use, innovative, evidence-based 
     approaches or professional development programs in American 
     history, civics and government, and geography, which--
       (1) shall--
       (A) show potential to improve the quality of student 
     achievement in, and teaching of, American history, civics and 
     government, or geography, in elementary and secondary 
     schools; and
       (B) demonstrate innovation, scalability, accountability, 
     and a focus on underserved populations; and
       (2) may include--
       (A) Hands-on civic engagement activities for teachers and 
     students; and
       (B) programs that educate students about the history and 
     principles of the Constitution of the United States, 
     including the Bill of Rights.
       (c) Program Periods and Diversity of Projects.--
       (1) In general.--A grant awarded by the Secretary to an 
     eligible entity under this section shall be for a period of 
     not more than 3 years.
       (2) Renewal.--The Secretary may renew a grant awarded under 
     this section for 1 additional 2-year period.
       (3) Diversity of projects.--In awarding grants under this 
     section, the Secretary shall ensure that, to the extent 
     practicable, grants are distributed among eligible entities 
     that will serve geographically diverse areas, including 
     urban, suburban, and rural areas.
       (d) Applications.--In order to receive a grant under this 
     section, an eligible entity shall submit an application to 
     the Secretary at such time, in such manner, and containing 
     such information as the Secretary may reasonably require.
       (e) Eligible Entity.--In this section, the term `eligible 
     entity' means an institution of higher education or other 
     nonprofit or for-profit organization with demonstrated 
     expertise in the development of evidence-based approaches 
     with the potential to improve the quality of American 
     history, civics and government, or geography learning and 
     teaching.


              Subpart 4--Programs of National Significance

     SEC. 2241. FUNDING ALLOTMENT.

       From the funds reserved under section 2201(4), the 
     Secretary--
       (1) shall use not less than [40 percent] to carry out 
     activities under section 2242; and
       (2) shall use not less than [40 percent] to carry out 
     activities under section 2243;
       (3) shall use not less than [__ percent] to carry out 
     activities under section 2244; and
       (4) may reserve up to [__ percent] of such funds to carry 
     out activities under section 2245.

     SEC. 2242. SUPPORTING EFFECTIVE EDUCATOR DEVELOPMENT.

       (a) In General.--From the funds reserved by the Secretary 
     under section 2241(1), the Secretary shall award grants, on a 
     competitive basis, to eligible entities for the purposes of--
       (1) providing teachers, principals, and other school 
     leaders from nontraditional preparation and certification 
     routes or pathways to serve in traditionally underserved 
     local educational agencies;
       (2) providing evidence-based professional development 
     activities that addresses literacy, numeracy, remedial, or 
     other needs of local educational agencies and the students 
     the agencies serve;
       (3) providing teachers, principals, and other school 
     leaders with professional development activities that enhance 
     or enable the provision of postsecondary coursework through 
     dual or concurrent enrollment and early college high school 
     settings across a local educational agency.
       (4) making freely available services and learning 
     opportunities to local educational agencies, through 
     partnerships and cooperative agreements or by making the 
     services or opportunities publicly accessible through 
     electronic means; or
       (5) providing teachers, principals, and other school 
     leaders with evidence-based professional enhancement 
     activities, which may include activities that lead to an 
     advanced credential.
       (b) Program Periods and Diversity of Projects.--
       (1) In general.--A grant awarded by the Secretary to an 
     eligible entity under this section shall be for a period of 
     not more than 3 years.
       (2) Renewal.--The Secretary may renew a grant awarded under 
     this section for 1 additional 2-year period.
       (3) Diversity of projects.--In awarding grants under this 
     section, the Secretary shall ensure that, to the extent 
     practicable, grants are distributed among eligible entities 
     that will serve geographically diverse areas, including 
     urban, suburban, and rural areas.
       (4) Limitation.--The Secretary shall not award more than 1 
     grant under this section to an eligible entity during a grant 
     competition.
       (c) Cost-Sharing.--
       (1) In general.--An eligible entity that receives a grant 
     under this section shall provide, from non-Federal sources, 
     not less than 25 percent of the funds for the total cost for 
     each year of activities carried out under this subsection.
       (2) Acceptable contributions.--An eligible entity that 
     receives a grant under this section may meet the requirement 
     of paragraph (1) by providing contributions in cash or in 
     kind, fairly evaluated, including plant, equipment, and 
     services.
       (3) Waivers.--The Secretary may waive or modify the 
     requirement of paragraph (1) in cases of demonstrated 
     financial hardship.
       (d) Applications.--In order to receive a grant under this 
     section, an eligible entity shall submit an application to 
     the Secretary at such time, in such manner, and as the 
     Secretary may reasonably require. Such application shall 
     include, at a minimum, a certification that the services 
     provided by an eligible entity under the grant to a local 
     educational agency or to a school served by the local 
     educational agency will not result in direct fees for 
     participating students or parents.
       (e) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to an eligible entity who will 
     implement evidence-based activities, defined as meeting the 
     requirements of subclauses (I), (II), or (III) of section 
     8101 (23)(A)(i).
       (f) Definition of Eligible Entity.--In this section, the 
     term `eligible entity' means--
       (1) an institution of higher education that provides course 
     materials or resources that are evidence-based in increasing 
     academic achievement, graduation rates, or rates of 
     postsecondary education matriculation;
       (2) a national nonprofit entity with a demonstrated record 
     of raising student academic achievement, graduation rates, 
     and rates of higher education attendance, matriculation,

[[Page H8586]]

     or completion, or of effectiveness in providing preparation 
     and professional development activities and programs for 
     teachers, principals, and other school leaders;
       (3) the Bureau of Indian Education; or
       (4) a partnership consisting of--
       (A) 1 or more entities described in paragraph (1) or (2); 
     and
       (B) a for-profit entity.

     SEC. 2243. SCHOOL LEADER RECRUITMENT AND SUPPORT.

       (a) In General.--From the funds reserved under section 
     2241(2) the Secretary shall award grants, on a competitive 
     basis, to eligible entities to enable such entities to 
     improve the recruitment, preparation, placement, support, and 
     retention of effective principals and other school leaders in 
     high-need schools, which may include--
       (1) developing or implementing leadership training programs 
     designed to prepare and support principals and other school 
     leaders in high-need schools, including through new or 
     alternative pathways or school leader residency programs;
       (2) developing or implementing programs or activities for 
     recruiting, selecting, and developing aspiring or current 
     principals and other school leaders to serve in high-need 
     schools;
       (3) developing or implementing programs for recruiting, 
     developing, and placing school leaders to improve schools 
     identified for intervention and support under [section 
     1114(a)(1)(A)], including through cohort-based activities 
     that build effective instructional and school leadership 
     teams and develop a school culture, design, instructional 
     program, and professional development program focused on 
     improving student learning;
       (4) providing continuous professional development for 
     principals and other school leaders in high-need schools;
       (5) developing and disseminating information on best 
     practices and strategies for effective school leadership in 
     high-need schools, such as training and supporting principals 
     to identify, develop, and maintain school leadership teams 
     using various leadership models; and
       (6) other evidence-based programs or activities described 
     in section 2101(c)(3) or section 2103(b)(3) focused on 
     principals and other school leaders in high-need schools.
       (b) Program Periods and Diversity of Projects.--
       (1) In general.--A grant awarded by the Secretary to an 
     eligible entity under this section shall be for a period of 
     not more than 5 years.
       (2) Renewal.--The Secretary may renew a grant awarded under 
     this section for 1 additional 2-year period.
       (3) Diversity of projects.--In awarding grants under this 
     section, the Secretary shall ensure that, to the extent 
     practicable, grants are distributed among eligible entities 
     that will serve geographically diverse areas, including 
     urban, suburban, and rural areas.
       (4) Limitation.--The Secretary shall not award more than 1 
     grant under this section to an eligible entity during a grant 
     competition.
       (c) Cost-Sharing.--
       (1) In general.--An eligible entity that receives a grant 
     under this section shall provide, from non-Federal sources, 
     not less than 25 percent of the funds for the total cost for 
     each year of activities carried out under this section.
       (2) Acceptable contributions.--An eligible entity that 
     receives a grant under this section may meet the requirement 
     of paragraph (1) by providing contributions in cash or in-
     kind, fairly evaluated, including plant, equipment, and 
     services.
       (3) Waivers.--The Secretary may waive or modify the 
     requirement of paragraph (1) in cases of demonstrated 
     financial hardship.
       (d) Applications.--An eligible entity that desires a grant 
     under this subsection shall submit to the Secretary an 
     application at such time, and in such manner, as the 
     Secretary may require.
       (e) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to an eligible entity --
       (1) with a record of preparing or developing principals 
     who--
       (A) have improved school-level student outcomes;
       (B) have become principals in high-need schools; and
       (C) remain principals in high-need schools for multiple 
     years; and
       (2) who will implement evidence-based activities, defined 
     as meeting the requirements of subclauses (I), (II), or (III) 
     of section 8101 (23)(A)(i).
       (f) Definitions.--In this section--
       (1) the term `eligible entity' means--
       (A) a local educational agency, including an educational 
     service agency, that serves a high-need school or a 
     consortium of such agencies;
       (B) a State educational agency or a consortium of such 
     agencies;
       (C) a State educational agency in partnership with 1 or 
     more local educational agencies or educational service 
     agencies that serve a high-need school;
       (D) the Bureau of Indian Education; or
       (E) an entity described in subparagraph (A), (B), (C), or 
     (D) in partnership with 1 or more nonprofit organizations or 
     institutions of higher education; and
       (2) the term `high-need school' means--
       (A) an elementary school in which not less than 50 percent 
     of the enrolled students are from families with incomes below 
     the poverty line; or
       (B) a secondary school in which not less than 40 percent of 
     the enrolled students are from families with incomes below 
     the poverty line.

     SEC. 2244. TECHNICAL ASSISTANCE AND NATIONAL EVALUATION.

       (a) In General.--From the funds reserved under section 
     2241(3), the Secretary--
       (1) shall establish, in a manner consistent with section 
     203 of the Educational Technical Assistance Act of 2002, a 
     comprehensive center on students at risk of not attaining 
     full literacy skills due to a disability that meets the 
     purposes of subsection (b); and
       (2) may--
       (A) provide technical assistance, which may be carried out 
     directly or through grants or contracts, to States and local 
     educational agencies carrying out activities under this part; 
     and
       (B) carry out evaluations of activities by States and local 
     educational agencies under this part, which shall be 
     conducted by a third party or by the Institute of Education 
     Sciences.
       (b) Purposes.-- The comprehensive center established by the 
     Secretary under subsection (a)(1) shall--
       (1) identify or develop free or low-cost evidence-based 
     assessment tools for identifying students at risk of not 
     attaining full literacy skills due to a disability, including 
     dyslexia impacting reading and writing, or developmental 
     delay impacting reading, writing, language processing, 
     comprehension, or executive functioning;
       (2) identify evidence-based literacy instruction, 
     strategies, and accommodations, including assistive 
     technology, designed to meet the specific needs of such 
     students;
       (3) provide families of such students with information to 
     assist such students;
       (4) identify or develop evidence-based professional 
     development for teachers, paraprofessionals, principals, 
     other school leaders, and specialized instructional support 
     personnel to--
       (A) understand early indicators of students at risk of not 
     attaining full literacy skills due to a disability, including 
     dyslexia impacting reading and writing, or developmental 
     delay impacting reading, writing, language processing, 
     comprehension, or executive functioning;
       (B) use evidence-based screening assessments for early 
     identification of such students beginning not later than 
     kindergarten; and
       (C) implement evidence-based instruction designed to meet 
     the specific needs of such students; and
       (5) disseminate the products of the comprehensive center to 
     regionally diverse State educational agencies, local 
     educational agencies, regional educational agencies, and 
     schools, including, as appropriate, through partnerships with 
     other comprehensive centers established under section 203 of 
     the Educational Technical Assistance Act of 2002 and regional 
     educational laboratories established under section 174 of the 
     Education Sciences Reform Act of 2002.

     SEC. 2245. STEM MASTER TEACHER CORPS.

       (a) In General.--From the funds reserved under section 
     2241(4) for a fiscal year, the Secretary may award grants 
     to--
       (1) State educational agencies to enable such agencies to 
     support the development of a Statewide STEM master teacher 
     corps; or
       (2) State educational agencies or nonprofit organizations 
     in partnership with State educational agencies to support the 
     implementation, replication, or expansion of effective 
     science, technology, engineering and mathematics professional 
     development programs in schools across the state through 
     collaboration with school administrators, principals and STEM 
     educators.
       (b) Stem Master Teacher Corps.--For the purposes of this 
     section, the term `STEM master teacher corps' means a State-
     led effort to elevate the status of the science, technology, 
     engineering, and mathematics teaching profession by 
     recognizing, rewarding, attracting, and retaining outstanding 
     science, technology, engineering, and mathematics teachers, 
     particularly in high-need and rural schools, by--
       (1) selecting candidates to be master teachers in the corps 
     on the basis of--
       (A) content knowledge based on a screening examination; and
       (B) pedagogical knowledge of and success in teaching;
       (2) offering such teachers opportunities to--
       (A) work with one another in scholarly communities;
       (B) participate in and lead high-quality professional 
     development; and
       (3) providing such teachers with additional appropriate and 
     substantial compensation for the work described in paragraph 
     (2) and in the master teacher community.
       55. The Senate bill authorizes 40 percent of funds for 
     activities under (c) and 40 percent of funds for activities 
     under (d).
       SR
       56. The Senate bill authorizes a comprehensive center 
     related to students at risk of not attaining full literacy 
     skills due to a disability as part of the technical 
     assistance and national evaluation required set aside.
       See note 54.
       57. The Senate bill includes subsection (c) which provides 
     a national competitive grant program for programs of national 
     significance using the 40 percent of funds reserved in note 
     55.

[[Page H8587]]

       See note 54.
       58. The Senate bill includes (d) which is a national 
     competitive grant program for principal and school leader 
     recruitment and support using the 40 percent of funds 
     reserved in note 55.
       See note 54.
       59. The Senate bill includes supplement not supplant 
     provision for Part A. The House amendment includes a 
     supplement not supplant provision for all of Title II in 
     section 2403. 2See note 69.
       SR
       60. The House amendment includes section for state 
     definition, which is included in an identical way in the 
     Senate bill in note 10.
       LC
       61. The House amendment includes language to prohibit 
     funding for local or state educational agencies who knowingly 
     transfer employees who engaged in sexual misconduct with a 
     student. The Senate bill includes language addressing 
     employee transfers in Title IX.
       HR
       62. The Senate bill and House amendment have different Part 
     Bs. The Senate bill includes national competitive grant 
     program to develop and improve performance-based compensation 
     systems or human capital management systems. The House 
     amendment includes a formula grant program to SEAs, which is 
     then subgranted competitively to LEAs and other entities, 
     regarding innovative practices for teachers and school 
     leaders.
       See note 54.
       63. The House amendment, but not the Senate bill, 
     authorizes a Teacher and School Leader Flexible Grant.
       HR
       64. The Senate bill and House amendment have different Part 
     C.
       See note 54.
       65. The Senate bill part C includes programs for American 
     History and Civics Education, Teaching of Traditional 
     American History, Presidential and Congressional Academies 
     for American History and Civics, and a national competitive 
     grant program for innovative approaches to American History, 
     Civics, Government and Geography instruction.
       See note 54.
       66. House amendment includes edits to Part C that are 
     similar to edits provided for in section 2001 of Senate bill 
     Title II. House amendment strikes sections 2361 and 2368. 
     Changes ``principal'' to ``school leader''.
       HR
       67. The Senate bill and House amendment have a different 
     Part D. The Senate bill Part D authorizes a comprehensive 
     literacy program. The House amendment Part D is general 
     provisions for Title II. See note 69.
       See note 54.
       68. The Senate bill includes Part E authorizing a grant 
     program for STEM education and a report on cybersecurity 
     education.
       SR
       69. The Senate bill includes general provisions in Part F. 
     House amendment includes general provisions in Part D. The 
     general provisions are not the same.
       LC
       70. The Senate bill, but not the House amendment, includes 
     a rule of construction.
       HR
       71. The House amendment, but not the Senate bill, has a 
     provision about the inclusion of charter schools.
       HR
       72. The House amendment, but not the Senate bill, includes 
     parents right to know in Title II.
       HR
       73. The House amendment, but not the Senate bill, includes 
     a supplement, not supplant for the entire Title II.
       SR

                   TITLE III--ENGLISH LEARNERS NOTES

       1. Senate maintains this program in Title III and the House 
     amendment moves the program to subpart 4 of Title I.
       HR
       2. Senate bill and House Amendment identical in these 
     changes except for different locations in bill.
       LC
       3. The Senate bill authorizes such sums through 2021. The 
     House amendment authorizes a 4.6 percent set-aside of the 
     Title 1 authorization, which equals $747,277,000 each year 
     through 2019. See note 13.
       HR with an amendment to strike ``such sums as may be 
     necessary for each of fiscal years 2016 through 2021'' and 
     insert ``$756,332,450 for fiscal year 2017, $769,568,267 for 
     fiscal year 2018, $784,959,633 for fiscal year 2019, 
     $884,959,633 for fiscal year 2020''
       4. Senate bill and House amendment have slightly different 
     wording in (2).
       HR
       5. The Senate bill includes ``challenging'' before State 
     academic standards.
       HR
       6. The Senate bill includes ``early childhood educators, 
     teachers, principals and other school leaders'' in (3) and 
     (4).
       HR with an amendment to read as follows: ``to assist 
     teachers, including preschool teachers, principals, and other 
     school leaders''
       7. The House amendment includes ``schools'' in (3).
       SR
       8. The House amendment refers to ``high-quality, flexible, 
     evidence-based'' language instruction educational programs in 
     (3), while the Senate bill describes such programs as 
     effective.
       HR
       9. The House amendment refers to ``high-quality, evidence-
     based'' instructional programs in (4), while the Senate bill 
     describes such programs as ``effective.''.
       HR
       10. The Senate bill includes families in two places as 
     participants in language instruction educational programs. 
     The House amendment does not.
       HR
       11. Senate bill adds a purpose of the program to provide 
     incentives to improve the instruction and achievement of 
     English learners. The House amendment has no such provision.
       SR
       12. The Senate bill and House amendment have different 
     section headers.
       HR
       13. The House amendment provides for a 4.6 percent 
     reservation of Title I authorized amount to fund grants and 
     subgrants for English language acquisition. See note 3
       HR
       14. The House amendment cites different sections to reflect 
     its transfer of the program to Title I.
       LC
       15. House amendment strikes ``one or more of'' when 
     referring to the activities for which a State may use 
     reserved funds.
       HR
       16. The Senate bill allows States to use funds to implement 
     standardized statewide entrance and exit procedures. The 
     House contains no such provision.
       HR
       17. Senate bill (B) and House amendment (A) have similar 
     intent but the wording varies slightly. The Senate bill 
     includes teachers and principals in professional development, 
     preparation, and other activities.
       HR with amendment to strike ``evidence-based'' and insert 
     ``effective''
       18. The Senate uses ``effective'' when referencing 
     activities in clause (ii) while House uses ``evidence-
     based''.
       HR
       19. Senate bill (C) and House amendment (B) are identical 
     other than having different subparagraph assignments.
       LC
       20. Senate bill (D) and House amendment (C) are similar but 
     have slight variations in wording. Senate uses ``effective'' 
     where House uses ``evidence-based'' in clause (i).
       HR
       20a. The Senate bill adds that funding can be used to 
     identify and implement programs in early childhood settings 
     in (i).
       SR
       21. The Senate bill adds ``in programs that serve English 
     learners'' at end of (iv).
       HR
       22. Senate bill (E) allows funding to be used to provide 
     recognition to effective programs meeting annual goals for 
     progress in English proficiency. The House amendment (D) 
     refers to recognition for reaching full English proficiency.
       SR with an amendment to read as follows:
       (D) Providing recognition, which may include providing 
     financial awards, to subgrantees that have significantly 
     improved the achievement and progress of English learners in 
     meeting--
       (i) the State-designed long term goals, including 
     measurements of interim progress towards meeting such goals, 
     established under section 1111(c)(4)(A)(ii) based on the 
     State's English language proficiency assessment under section 
     1111(b)(2)(F); and
       (ii) the challenging State academic standards under section 
     1111(b)(1).
       23. Senate bill adds ``direct'' before administrative 
     expenses. See note 61.
       HR
       24. The House amendment reduces the administrative expenses 
     cap to 40 percent, while the Senate bill maintains current 
     law at 60 percent.
       SR with an amendment to strike ``40 percent'' and insert 
     ``50 percent''
       25. The House amendment strikes subparagraph (A) of current 
     law.
       HR
       26. The House amendment and Senate bill have different 
     section references.
       LC
       27. The House amendment requires the use of American 
     Community Survey or state data for (i) and the American 
     Community Survey for (ii). The Senate bill refers to the data 
     used in paragraph (3) See note 30.
       LC
       28. The Senate bill allows the Secretary to make a State's 
     allotment available on a competitive basis to specially 
     qualified agencies within the State if such State does not 
     submit a satisfactory plan. The House amendment reallots 
     based on subparagraph (A).
       HR
       29. The Senate bill and House amendment use different 
     structures (i) v. (A) and have different citations because of 
     respective bill structures.
       LC
       30. The Senate bill includes paragraph (3)(B), which 
     mirrors provision in House amendment (c)(2)(A)(ii) (see note 
     27).
       LC
       31. The House amendment strikes section 3112 of current 
     law.
       HR
       32. The Senate bill and House amendment have different 
     section numbers and titles to reflect different bill 
     structures.
       LC
       33. House amendment strikes ``specially qualified agency'' 
     See note 28.
       HR

[[Page H8588]]

       33a. The House amendment strikes and ``containing such 
     information''. The Senate bill adds ``reasonably''.
       SR
       34. The Senate bill and House amendment have different 
     section references.
       LC
       35. The Senate bill requires State agency plans to describe 
     how the agency will establish and implement standardized, 
     statewide entrance and exit procedures. The House amendment 
     contains no such provision.
       HR
       36. The Senate bill (3)(A) is nearly identical to House 
     amendment (2)(A) except House adds ``consecutive'' before 
     years.
       HR with an amendment to insert ``consecutive'' before 
     ``years''
       37. The Senate bill and House amendment use different 
     cross-references.
       LC
       38. The Senate bill and House amendment use different 
     cross-references.
       LC
       39. The Senate bill (3)(D) and (E) are nearly identical to 
     House amendment (2)(D) and (E) except the Senate bill uses 
     ``effective'' where the House amendment uses ``high quality, 
     evidence-based'' to refer to language instruction educational 
     programs.
       HR
       40. The Senate bill adds ``challenging'' and a cross-
     reference when referring to standards.
       HR
       41. In (F), Senate bill refers to ``each eligible'' and 
     House amendment refers to ``the eligible''.
       HR
       42. In (G), Senate bill adds ``of English learners'' after 
     parents.
       HR
       43. The Senate bill and House amendment are nearly 
     identical except the Senate refers to ``subpart'' in (4) 
     where House uses ``chapter'' in (3).
       LC
       44. The Senate bill includes ``each'' before eligible in 
     (5) and the House amendment makes ``entity'' plural and 
     includes ``in the State'' in (4).
       HR
       45. The Senate bill uses ``effective'' where the House 
     amendment uses ``evidence-based'' to refer to language 
     instruction curriculum.
       HR
       46. The Senate bill requires the agency to describe how it 
     will assist eligible entities in meeting timelines and goals 
     for progress and references the accountability structure in 
     Title I for English language proficiency (which replaces the 
     annual measurable achievement objective system in current 
     law), as well as the challenging academic standards. The 
     House amendment contains no such provision.
       HR with an amendment to read as follows:
       (6) describe how the agency will assist eligible entities 
     in meeting--
       (A) the State-designed long term goals, including 
     measurements of interim progress towards meeting such goals, 
     established under section 1111(c)(4)(A)(ii) based on the 
     State's English language proficiency assessment under section 
     1111(b)(2)(F); and
       (B) the challenging State academic standards described in 
     section 1111(b)(1);
       47. The Senate bill requires a description of how the 
     agency will assist eligible entities in decreasing the number 
     of English learners who have not reached proficiency in 5 
     years. The House amendment refers to English language 
     acquisition generally.
       HR/SR to strike House paragraph (5) and Senate paragraph 
     (7)
       48. The Senate bill requires the agency to ensure that the 
     needs of immigrant children and youth are being addressed. 
     The House amendment does not include this provision.
       HR with an amendment to strike ``ensure that'' and all that 
     follows and insert ``meet the unique needs of children and 
     youth in the state being served through the reservation of 
     funds under section 3114''
       49. The Senate bill requires agencies to monitor and 
     evaluate eligible entities' progress in meeting timelines and 
     goals for English proficiency and requires the State to 
     describe the steps it will take to assist eligible entities 
     if strategies are not effective. The House amendment includes 
     no such provision.
       HR with an amendment to read as follows:
       (9) describe how the agency will monitor the progress of 
     each eligible entity receiving funds under this subpart in 
     helping English learners achieve English proficiency and the 
     steps the State will take to further assist eligible entities 
     if such strategies funded under this part are not effective, 
     such as providing technical assistance and modifying such 
     strategies.';
       50. The House amendment strikes ``specially qualified 
     agency,''.
       HR
       50a. The House amendment refers to ``subpart'' in (1)(B), 
     while the Senate bill refers to ``part,'' to reflect 
     different bill structures.
       LC
       51. The Senate bill and House amendment use different 
     cross-references.
       LC
       52. The House amendment adds ``by the state'' after 
     requested.
       SR
       53. House amendment adds ``in a timely manner'' after 
     allocating.
       SR
       53a. The Senate bill and House amendment use different 
     cross-references.
       LC
       54. The Senate bill strikes ``preceding the fiscal year'' 
     to refer to the percentage or number of immigrant children 
     and youth enrolled in public and nonpublic schools.
       HR
       55. The Senate bill and House amendment use different 
     cross-references and have different bill structures.
       LC
       56. The Senate bill and House amendment have different 
     sections reflective of respective bill structures.
       LC
       57. The Senate bill includes ``challenging'' before State 
     academic standards and references section 1111.
       HR
       58. Senate uses ``effective'' where the House amendment 
     uses ``evidence-based'' to describe approaches and 
     methodologies for teaching English learners.
       HR
       59. The Senate bill includes ``programs'' after early 
     childhood education and the House amendment has ``programs 
     of'' before ``early childhood education.''
       HR
       60. House amendment includes ``evidence-based'' to describe 
     activities to expand or enhance language instruction 
     educational programs.
       HR
       61. The Senate bill includes ``direct'' to describe 
     administrative expenses. See note 23.
       HR
       61a. The Senate bill and House amendment have different 
     section references.
       LC
       62. The Senate bill uses ``effective'' and ``based on high-
     quality research'' where the House amendment uses ``high-
     quality, evidence-based'' to describe language instruction 
     educational programs.
       HR with an amendment to strike ``are based on high-quality 
     research demonstrating'' and insert ``demonstrate''
       63. The Senate bill uses ``effective'' where the House 
     amendment uses ``high-quality, evidence-based'' to describe 
     professional development.
       HR
       63a. The Senate bill includes ``principals'' in such 
     development.
       HR
       64. The Senate bill includes ``such'' before teachers and 
     ``principals'' as well as ``appropriate'' before curricula in 
     (B).
       HR with an amendment to strike ``appropriate''
       65. Senate bill uses ``effective'' where the House 
     amendment uses ``evidence-based'' in (C).
       HR
       66. The House amendment requires subgrantees to provide and 
     implement other activities, including parental and community 
     engagement, while the Senate bill only references parent, 
     family and community engagement.
       SR with amendment to strike ``evidence-based activities'' 
     and all that follows, and insert ``effective activities and 
     strategies that enhance or supplement language instructional 
     programs for English learners, which--(A) shall include 
     parent, family, and community engagement activities; and (B) 
     may include strategies that serve to coordinate and align 
     related programs.''
       67. The Senate bill and House amendment use different 
     cross-references.
       LC
       68. The Senate bill authorizes eligible entities to provide 
     to English learners bilingual paraprofessionals, which may 
     include interpreters and translators. The House amendment 
     does not include such a provision.
       HR with an amendment to strike (B) and (C) and insert (B) 
     ``intensified instruction, which may include materials in a 
     language that the student can understand, interpreters, and 
     translators''
       69. The Senate bill includes ``effective preschool'' in 
     (4).
       HR
       70. The Senate bill includes ``and family'' before outreach 
     in (6).
       HR
       71. The Senate bill includes ``including English learners 
     with a disability'' in (7).
       HR with an amendment to strike ``including'' and insert 
     ``which may include''
       71a. The Senate bill and House amendment have different 
     references.
       HR/SR with an amendment to redesignate paragraph (8) as 
     paragraph (9) and insert the following:
       (8) Offering early college high school or dual or 
     concurrent enrollment courses or programs designed to help 
     English learners achieve success in postsecondary 
     education.''
       72. Senate bill includes ``and family'' before outreach and 
     ``and families'' after parents in (A).
       HR
       73. Senate bill includes ``recruitment of'' and ``early 
     childhood educators, teachers'' before paraprofessionals in 
     (B).
       HR with an amendment to strike ``early childhood 
     educators,'' and insert ``and'' after ``teachers.''
       74. The House amendment includes ``development'' after 
     identification and ``awarded'' before funds in (D).
       SR
       75. The Senate bill and House amendment switch the 
     placement if ``immigrant children and youth'' and ``in the 
     local educational agency.''
       LC
       76. The Senate bill and House amendment nearly identical 
     except for slight wording difference in (F).
       HR
       77. The Senate bill includes ``and families'' after parents 
     in (G).

[[Page H8589]]

       HR
       78. The House amendment and Senate bill use different cross 
     references.
       LC
       79. The Senate bill adds ``effective'' before instruction 
     and ``challenging'' before State academic standards and a 
     reference to section 1111.
       HR
       80. The Senate bill, but not the House amendment, requires 
     that the selection of a method of instruction is consistent 
     with requirements on instructional programs under sections 
     3124 and 3126..
       HR
       80a. The Senate bill and House amendment use different 
     references
       LC
       81. The Senate bill and House amendment use different 
     cross-references.
       LC
       82. The Senate bill includes ``challenging'' before State 
     academic standards and references section 1111.
       HR
       83. The House amendment uses ``evidence-based'' where the 
     Senate bill uses ``high-quality'' to describe programs and 
     activities to be developed.
       SR with an amendment to strike ``evidence-based'' and 
     insert ``effective'' and insert ``, including language 
     instruction educational programs,'' after ``activities''
       84. The Senate bill requires that eligible entities 
     describe how they will ensure elementary and secondary 
     schools assist English learners in meeting annual timelines 
     and goals for progress and the challenging academic standards 
     described in Title I. The House amendment requires a 
     description of how the eligible entity will hold schools 
     accountable for annually assessing the English proficiency of 
     English learners.
       HR with an amendment to read as follows:
       (2) describe how the eligible entity will ensure that 
     elementary schools and secondary schools receiving funds 
     under this subpart assist English learners in--
       (A) achieving English proficiency based on the State's 
     English language proficiency assessment under section 
     1111(b)(2)(G) consistent with the State's long-term goals, as 
     described in section 1111(c)(4)(A)(ii) and
       (B) meeting the challenging State academic standards 
     described in section 1111(b)(1);
       85. The Senate bill includes ``family'' after parent in 
     (3).
       HR
       86. The House amendment requires an assurance that the 
     eligible entity consulted with various stakeholders in 
     developing the plan. The Senate bill contains similar 
     language in (5)(D) See note 92.
       HR
       87. The Senate bill includes ``demonstrate such proficiency 
     through academic content mastery''.
       HR/SR with an amendment to strike Senate paragraph (4) and 
     House paragraph (5)
       88. The Senate bill and House amendment use different 
     section numbers.
       LC
       89. The Senate bill includes ``will continue to comply with 
     such section throughout each school year for which the grant 
     is received'' in (A).
       SR
       90. The Senate bill requires an assurance that the eligible 
     entity ``complies with'' State laws, while the House 
     amendment requires the eligible entity ``is not in 
     violation'' with any State law.
       SR
       90a. The Senate bill and House amendment have different 
     structures.
       LC
       91. The Senate bill, but not the House amendment, requires 
     an assurance that the eligible entity has based its plan on 
     high-quality research.
       SR
       92. The Senate bill includes similar language to paragraph 
     (4) in the House amendment. See note 86.
       HR
       93. The Senate bill includes an assurance that the eligible 
     entity will, if applicable, coordinate activities and share 
     relevant data with early childhood education providers. The 
     House amendment contains no such provision.
       HR
       94. The Senate bill and House amendment use different 
     cross-references.
       LC
       94a. The Senate bill and House amendment use different 
     sections references.
       LC
       95. House amendment includes ``including how such programs 
     and activities supplemented programs funded primarily with 
     State or local funds'' at end of (1).
       SR
       96. The Senate bill includes reporting on the number and 
     percentage of English learners who meet the annual State-
     determined goals for progress established under section 1111. 
     The House amendment requires reporting on progress made in 
     learning English and meeting state standards.
       HR with an amendment to strike ``meet the annual State-
     determined goals for progress established under section 
     1111(c)(4)(A)(ii)(1)(K)'' and subparagraph (A) and insert 
     ``are making progress towards achieving English language 
     proficiency as described in section 1111(c)(4)(A)(ii),'' 
     before ``including disaggregated''
       97. The Senate bill, but not the House amendment, requires 
     disaggregation by long-term English learners and English 
     learners with disability.
       See note 96.
       98. The Senate bill and House amendment use different 
     cross-references.
       LC
       99. The Senate bill and House amendment are similar in (4). 
     The Senate bill includes the percentage of English learners, 
     in addition to the number.
       HR
       100. The House amendment includes ``transitioned to 
     classrooms not tailored for English learners''.
       HR
       101. The Senate bill makes includes ``challenging'' before 
     State academic standards.
       HR
       102. The Senate requires reporting for four years after the 
     child stops receiving services, while the House amendment 
     requires reporting for two years.
       HR
       103. The Senate bill, but not the House amendment, 
     disaggregates data by long-term English learners and English 
     learners with a disability.
       HR with an amendment to strike subparagraph (A) and insert 
     the following:
       (5) the number and percentage of English learners meeting 
     challenging State academic standards described in section 
     1111(b)(1) for each of the 4 years after such children are no 
     longer receiving services under this part, including 
     disaggregated, at a minimum, by--
       (A) English learners with a disability;
       104. The House amendment includes ``first enrollment in the 
     local educational agency'' in (6).
       SR
       105. The Senate bill and House amendment have different 
     titles.
       LC
       106. The House amendment requires that the report is used 
     to determine the effectiveness of programs in assisting 
     English learners, and to decide how to improve programs. The 
     Senate bill includes no such provision.
       HR
       107. The Senate bill includes a special rule stating that 
     specially qualified agencies shall provide such report to the 
     Secretary. The House amendment includes no such provision.
       HR
       108. The Senate bill and House amendment have different 
     section numbers and titles.
       LC
       109. The House amendment makes this report annual, while 
     the Senate bill requires the report every second year.
       HR
       110. The House amendment strikes ``limited English 
     proficient'' and uses ``English learners'' at end of (b)(2).
       SR
       111. The Senate bill and House amendment use different 
     cross-references.
       LC
       112. The Senate bill and House amendment use different 
     cross-references.
       LC
       113. The House amendment strikes ``limited English 
     proficient'' and uses ``English learners'' at end of (b)(5).
       SR
       114. The Senate bill requires the report to contain the 
     findings of the evaluation related to English learners under 
     section 9601. The House amendment includes no such provision.
       HR with an amendment to insert ``the most recent 
     evaluation'' before ``related to English learners''
       115. The Senate bill (8) strikes ``classrooms where 
     instruction is not tailored for English learners''.
       HR
       116. The Senate bill and House amendment have different 
     bill structures.
       LC
       117. The House amendment requires the Secretary to report 
     to Congress on parallel Federal programs. The Senate bill 
     includes no such provision.
       SR
       118. The Senate bill and House amendment use different 
     section numbers.
       LC
       119. The Senate bill and House amendment use different 
     section numbers.
       LC
       120. The Senate bill and House amendment have different 
     section numbers.
       LC
       121. The Senate bill and House amendment have different 
     section numbers.
       LC
       122. The Senate bill and House amendment have different 
     section numbers.
       LC
       123. The Senate bill and House amendment have different 
     section numbers.
       LC
       124. The Senate bill uses ``entities'' where House 
     amendment uses ``organizations'' after public or private.
       HR
       125. The Senate bill allows grants to be made for 
     ``capacity building, or evidence-based activities,'' in 
     addition to professional development.
       SR
       126. The Senate bill includes ``inservice''.
       HR
       127. The Senate bill uses ``effective'' where the House 
     amendment uses ``evidence-based'' to describe professional 
     development programs.
       HR
       128. The Senate bill includes ``may'' before assist 
     institutions and includes ``and for other activities to 
     increase teachers and school leader effectiveness'' in (1).

[[Page H8590]]

       SR with an amendment to strike (1) and insert: (1) ``for 
     effective preservice or inservice professional development 
     programs that will improve the qualifications and skills of 
     educational personnel involved in the education of students 
     who are English learners, including personnel who are not 
     certified or licensed and educational paraprofessionals, and 
     for other activities to increase teacher and school leader 
     effectiveness in meeting the needs of English learners;''
       129. The Senate bill includes ``family'' after parent in 
     (3).
       HR
       130. The Senate bill uses ``effective'' where House uses 
     ``evidence-based'' to describe practices in the instruction 
     of English learners.
       HR
       131. The Senate bill includes ``develop'' before share and 
     ``such as through the use of technology-based programs'' at 
     the end in (4).
       HR
       132. The Senate bill, but not the House amendment, allows 
     grants to be awarded for financial assistance and costs to 
     meet certification or licensing requirements for teachers of 
     English learners.
       HR
       133. The Senate bill, but not the House amendment, allows 
     grants to be awarded to support school readiness and 
     transitions from early childhood education programs for 
     English learners.
       HR
       134. The House amendment adds ``in consortia'' in the 
     definition of eligible entity.
       SR
       135. The Senate bill, but not the House amendment, includes 
     a definition for English Learner with a Disability.
       HR
       136. The Senate bill maintains definitions of Native 
     American and Native American language, Native Hawaiian or 
     Native American Pacific Islander native language educational 
     organization, specially qualified agency, and tribally 
     sanctioned educational authority. The House strikes such 
     definitions.
       HR
       137. The Senate bill, but not the House amendment, includes 
     definitions for Long-Term English Learner.
       SR
       138. The Senate bill makes a technical edit to paragraph 
     (13) and the House amendment strikes this definition.
       HR
       139. The Senate bill and House amendment use different 
     cross-references.
       LC
       140. The Senate bill, but not the House amendment, requires 
     the Clearinghouse to collect and disseminate information on 
     the education of and best practices on instructing and 
     serving English learners with a disability.
       HR
       141. The House amendment, but not the Senate bill, includes 
     rule of construction that nothing shall authorize the 
     Secretary to hire new personnel.
       SR
       142. The Senate bill, but not the House amendment, 
     authorizes a survey to be conducted by the Director of the 
     Institute of Education Sciences and the Secretary of 
     Education on the accuracy of the American Community Survey 
     language items in identifying English learners.
       SR

                   TITLE IV--SAFE AND HEALTH STUDENTS

       1. The Senate bill replaces the current law Safe and Drug-
     Free Schools and Communities grant program with the Safe and 
     Healthy Students grant program. The House amendment 
     consolidates this program into the Local Academic Flexible 
     Grant.
       HR/SR with amendment to strike and insert new Title IV 
     language to read as follows:

                     TITLE IV--21ST CENTURY SCHOOLS

     SEC. 4001. GENERAL PROVISIONS.

       [(a) Title IV.--Title IV (20 U.S.C. 7101 et seq.) is 
     amended--]
       [(1) by redesignating subpart 3 of part A as subpart 5 of 
     part F of title VIII, as redesignated by section 8106(1), and 
     moving that subpart to follow subpart 4 of part F of title 
     VIII, as redesignated by sections 2001 and 8106(1);]
       [(2) by redesignating section 4141 as section 8561;]
       [(3) by redesignating section 4155 as section 8537 and 
     moving that section so as to follow section 8536;]
       [(4) by redesignating part C as subpart 6 of part F of 
     title VIII, as redesignated by section 8106(1), and moving 
     that subpart to follow subpart 5 of part F of title VIII, as 
     redesignated by section 8106(1) and paragraph (1); and]
       [(5) by redesignating sections 4301, 4302, 4303, and 4304, 
     as sections 8571, 8572, 8573, and 8574, respectively.
       [(b) Title V.--]
       [(1) Transfer and redesignation.--Title V (20 U.S.C. 7201 
     et seq.) is amended--]
       [(A) by striking part A;]
       [(B) by striking subparts 2 and 3 of part B;]
       [(C) by striking part D;]
       [(D) by transferring parts B and C to title IV, as amended 
     by subsection (a), and inserting after part B of such title, 
     and redesignating such sections parts C and D, respectively;]
       [(E) in part C, as transferred by subparagraph (D), by 
     striking ``Subpart 1--Charter School Programs'';]
       [(F) by redesignating sections 5201 through 5211 as 
     sections 4301 through 4311, respectively;]
       [(G) by redesignating sections 5301 through 5307 as 
     sections 4401 through 4407, respectively;]
       [(H) by striking sections 5308 and 5310; and]
       [(I) by redesignating sections 5309 and 5311 as sections 
     4408 and 4409, respectively.]
       [(2) Repeal.--Title V (20 U.S.C. 7201 et seq.), as amended 
     by paragraph (1), is repealed.]

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

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

         PART A--STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS

     SEC. 4101. PURPOSE.

       The purpose of this part is to improve students' academic 
     achievement by increasing the capacity of States, local 
     educational agencies, schools, and local communities to--
       (1) provide all students with access to a well-rounded 
     education;
       (2) improve school conditions for student learning; and
       (3) improve the use of technology in order to improve the 
     academic achievement, academic growth, and digital literacy 
     of all students--

     SEC. 4102. DEFINITIONS.

       In this part:
       (1) Blended learning.--The term `blended learning' means a 
     formal education program that leverages both technology-based 
     and face-to-face instructional approaches--
       (A) that include an element of online or digital learning, 
     combined with supervised learning time, and student-led 
     learning, in which the elements are connected to provide an 
     integrated learning experience; and
       (B) where students are provided some control over time, 
     path, or pace.
       (2) Controlled substance.--The term `controlled substance' 
     means a drug or other substance identified under Schedule I, 
     II, III, IV, or V in section 202(c) of the Controlled 
     Substances Act (21 U.S.C. 812(c)).
       (3) Digital learning.--The term `digital learning' means 
     any instructional practice that effectively uses technology 
     to strengthen a student's learning experience and encompasses 
     a wide spectrum of tools and practices, including--
       (A) interactive learning resources, digital learning 
     content (which may include openly licensed content), 
     software, or simulations, that engage students in academic 
     content;
       (B) access to online databases and other primary source 
     documents;
       (C) the use of data and information to personalize learning 
     and provide targeted supplementary instruction;
       (D) online and computer-based assessments;
       (E) learning environments that allow for rich collaboration 
     and communication, which may include student collaboration 
     with content experts and peers;
       (F) hybrid or blended learning, which occurs under direct 
     instructor supervision at a school or other location away 
     from home and, at least in part, through online delivery of 
     instruction with some element of student control over time, 
     place, path, or pace; and
       (G) access to online course opportunities for students in 
     rural or remote areas.
       (4) Drug.--The term `drug' includes--
       (A) controlled substances;
       (B) the illegal use of alcohol or tobacco, including 
     smokeless tobacco products and electronic cigarettes; and
       (C) the harmful, abusive, or addictive use of substances, 
     including inhalants and anabolic steroids.
       (5) Drug and violence prevention.--The term `drug and 
     violence prevention' means--
       (A) with respect to drugs, prevention, early intervention, 
     rehabilitation referral, recovery support services, or 
     education related to the illegal use of drugs, such as 
     raising awareness about, to the extent a state, in 
     consultation with local educational agencies in the state, 
     determines that such evidence is reasonably available, the 
     evidence-based consequences of drug use; and
       (B) with respect to violence, the promotion of school 
     safety, such that students and school personnel are free from 
     violent and disruptive acts, including sexual harassment and 
     abuse, and victimization associated with prejudice and 
     intolerance, on school premises, going to and from school, 
     and at school-sponsored activities, through the creation 
     and maintenance of a school environment that is free of 
     weapons and fosters individual responsibility and respect 
     for the rights of others.
       (7) School-based mental health services provider.--The term 
     `school-based mental health services provider' includes a 
     State-licensed or State-certified school counselor, school 
     psychologist, school social worker, or other State licensed 
     or certified mental health professional qualified under State 
     law to provide mental health services to children and 
     adolescents.
       (8) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (9) Stem-focused specialty school.--The term `STEM-focused 
     specialty school' means a school, or dedicated program within 
     a school, that engages students in rigorous, relevant, and 
     integrated learning experiences focused on science, 
     technology, engineering, and mathematics, including computer 
     science, which include authentic schoolwide research.

[[Page H8591]]

  


     SEC. 4103. FORMULA GRANTS TO STATES.

       (a) Reservations.--From the total amount appropriated under 
     section 4112 for a fiscal year, the Secretary shall reserve--
       (1) one-half of 1 percent for allotments for the outlying 
     areas to be distributed among those outlying areas on the 
     basis of their relative need, as determined by the Secretary, 
     in accordance with the purpose of this part;
       (2) one-half of 1 percent for the Secretary of the Interior 
     for programs under this part in schools operated or funded by 
     the Bureau of Indian Education; and
       (3) 2 percent for technical assistance and capacity 
     building.
       (b) State Allotments.--
       (1) Allotment.--
       (A) In general.--Subject to subparagraphs (B) and (C), from 
     the amount appropriated to carry out this part that remains 
     after the Secretary makes the reservations under subsection 
     (a), the Secretary shall allot to each State having a plan 
     approved under subsection (c) an amount that bears the same 
     relationship to the remainder as the amount the State 
     received under subpart 2 of part A of title I for the 
     preceding fiscal year bears to the amount all States received 
     under that subpart for the preceding fiscal year.
       (B) Small state minimum.--No State receiving an allotment 
     under this paragraph shall receive less than one-half of 1 
     percent of the total amount allotted under this paragraph.
       (C) Puerto Rico.--The amount allotted under this paragraph 
     to the Commonwealth of Puerto Rico for a fiscal year may not 
     exceed one-half of 1 percent of the total amount allotted 
     under this paragraph.
       (3) Reallotment.--If a State does not receive an allotment 
     under this part for a fiscal year, the Secretary shall 
     reallot the amount of the State's allotment to the remaining 
     States in accordance with this subsection.
       (c) State Plan.--
       (1) In general.--In order to receive an allotment under 
     this section for any fiscal year, a State shall submit a plan 
     to the Secretary, at such time and in such manner as the 
     Secretary may reasonably require.
       (2) Contents.--Each plan submitted by a State under this 
     section shall include the following:
       (A) A description of how the State educational agency will 
     use funds received under this part for State-level 
     activities.
       (B) A description of how the State educational agency will 
     ensure that awards made to local educational agencies under 
     this part are in amounts that are consistent with [section 
     4105(a)(2)--
       (C) Assurances that the State educational agency will--
       (i) review existing resources and programs across the State 
     and will coordinate any new plans and resources under this 
     part with such existing resources and programs;
       (ii) monitor the implementation of activities under this 
     part and provide technical assistance to local educational 
     agencies in carrying out such activities; and
       (iii) provide for equitable access for all students to the 
     activities supported under this part, including aligning 
     those activities with the requirements of other Federal laws.
       Report Language: ``The Conferees intend that States will 
     provide activities under this part in accordance with the 
     gender equity requirements in Title IX of the Education 
     Amendments Act of 1972.''

     SEC. 4104. STATE USE OF FUNDS.

       (a) In general.--Each State that receives an allotment 
     under section 4103 shall--
       (1) reserve not less than 95 percent of the amount allotted 
     to such State, for each fiscal year, for allotments to local 
     educational agencies under section 4105;
       (2) reserve not more than 1 percent of the amount allotted 
     to such State, for each fiscal year, for the administrative 
     costs of carrying out its responsibilities under this part; 
     and
       (3) use the amount made available to the State and not 
     reserved under paragraphs (1) and (2) for activities 
     described in subsection (b).
       (b) State Activities.--Each State that receives an 
     allotment under section 4103 shall use the funds available 
     under subsection (a)(3) for activities and programs designed 
     to meet the purposes of this part, which--
       (1) shall include--
       (A) providing monitoring of, and training, technical 
     assistance, and capacity building to, local educational 
     agencies that receive an allotment under section 4104; and
       (B) public reporting on how funds made available under this 
     part are being expended by local educational agencies, 
     including the degree to which the local educational agencies 
     have made progress toward meeting the objectives and outcomes 
     described in section 4106(e)(1)(E); and
       (2) may include--
       (A) identifying and eliminating State barriers to the 
     coordination and integration of programs, initiatives, and 
     funding streams that meet the purposes of this part, so that 
     local educational agencies can better coordinate with other 
     agencies, schools, and community-based services and programs; 
     or
       (B) supporting local educational agencies in providing 
     programs and activities that--
       (i) offer well-rounded educational experiences to all 
     students, as described in section 4107, including female 
     students, minority students, English learners, children with 
     disabilities, and low-income students who are often 
     underrepresented in critical and enriching subjects, which 
     may include--

       (I) increasing student access to and improving student 
     engagement and achievement in--

       (aa) high-quality courses in science, technology, 
     engineering, and mathematics, including computer science;
       (bb) activities and programs in music and the arts;
       (cc) foreign languages;
       (dd) accelerated learning programs that provide--
       (AA) postsecondary level courses accepted for credit at 
     institutions of higher education, including dual or 
     concurrent enrollment programs, and early college high 
     schools; or
       (BB) postsecondary level instruction and examinations that 
     are accepted for credit at institutions of higher education, 
     including Advanced Placement and International Baccalaureate 
     programs;
       (ee) American history, civics, economics, geography, social 
     studies, or government education;
       (ff) environmental education; or
       (gg) other courses, activities, and programs or other 
     experiences that contribute to a well-rounded education; or

       (II) reimbursing low-income students to cover part or all 
     of the costs of accelerated learning examination fees, as 
     described in subclause (I)(dd);

       (ii) foster safe, healthy, supportive, and drug-free 
     environments that support student academic achievement, as 
     described in section 4108, which may include--

       (I) coordinating with any local educational agencies or 
     consortia of such agencies implementing a youth PROMISE plan 
     to reduce exclusionary discipline, as described in section 
     4108(5)(F);
       (II) supporting local educational agencies to--

       (aa) implement, to the extent the state determines that 
     such evidence is reasonably available, evidence-based mental 
     health awareness training programs to provide education to 
     school personnel regarding resources available in the 
     community for students with mental illnesses and other 
     relevant resources relating to mental health or the safe de-
     escalation of crisis situations involving a student with a 
     mental illness; or
       (bb) expand access to or coordinate resources for school-
     based counseling and mental health programs, such as through 
     school-based mental health services partnership programs;

       (III) providing local educational agencies, to the extent 
     the state determines that such evidence is reasonably 
     available, with evidence-based resources addressing ways to 
     integrate health and safety practices into school or athletic 
     programs; and

       Report Language: ``The Conferees intend that references to 
     health and safety practices for school and athletic programs 
     may include developing plans for concussion safety and 
     recovery practices, cardiac conditions, exposure to excessive 
     heat and humidity, guidelines for emergency action plans for 
     youth athletics, and developing and implementing school 
     asthma management plans.''

       (IV) disseminating best practices and evaluating program 
     outcomes relating to any local educational agency activities 
     to promote student safety and violence prevention through 
     effective communication as described in section 
     4108(5)(C)(iv); and

       (iii) increase access to personalized, rigorous learning 
     experiences supported by technology by--
       (I) providing technical assistance to local educational 
     agencies to improve the ability of local educational agencies 
     to--
       (aa) identify and address technology readiness needs, 
     including the types of technology infrastructure and access 
     available to the students served by the local educational 
     agency, including computer devices, access to school 
     libraries, Internet connectivity, operating systems, related 
     network infrastructure, and data security;
       (bb) use technology, consistent with the principles of 
     universal design for learning, to support the learning needs 
     of all students, including children with disabilities and 
     English learners; and
       (cc) build capacity for principals, other school leaders, 
     and local educational agency administrators to support 
     teachers in using data and technology to improve instruction 
     and personalize learning;

       (II) supporting schools in rural and remote areas to expand 
     access to high-quality digital learning opportunities;
       (III) developing or utilizing, to the extent the state 
     determines that such evidence is reasonably available, 
     evidence-based or innovative strategies for the delivery of 
     specialized or rigorous academic courses and curricula 
     through the use of technology, including digital learning 
     technologies and assistive technology, which may include 
     increased access to online dual or concurrent enrollment 
     opportunities, career and technical courses, and programs 
     leading to a recognized postsecondary credential (as defined 
     in section 3 of the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3102));
       (IV) disseminating promising practices related to 
     technology instruction, data security, and the acquisition 
     and implementation of technology tools and applications, 
     including through making such promising practices publicly 
     available on the website of the State educational agency;
       (V) providing teachers, paraprofessionals, school 
     librarians and media personnel, specialized instructional 
     support personnel, and administrators with the knowledge and 
     skills to use technology effectively, including effective 
     integration of technology, to

[[Page H8592]]

     improve instruction and student achievement, which may 
     include coordination with teacher, principal, and other 
     school leader preparation programs; and
       (VI) making instructional content widely available through 
     open educational resources, which may include providing tools 
     and processes to support local educational agencies in making 
     such resources widely available.

     SEC. 4105. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

       (a) Allocations to Local Educational Agencies.--
       (1) In general.--From the funds reserved by a State under 
     section 4104(a)(1), the State shall allocate to each local 
     educational agency that has an application approved by the 
     State educational agency under section 4106 in the State an 
     amount that bears the same relationship to the total amount 
     of such reservation as the amount the local educational 
     agency received under subpart 2 of part A of title I for the 
     preceding fiscal year bears to the amount all local 
     educational agencies in the State received under that subpart 
     for the preceding fiscal year.
       (2) Minimum local educational agency allocation.--No 
     allocation to a local educational agency under this paragraph 
     may be made in an amount that is less than $10,000.
       (3) Consortia.--Local educational agencies in a State may 
     form a consortium and combine the funds each such agency in 
     the consortium received under this section to jointly carry 
     out the local activities described in this part.
       (b) Ratable Reduction.--If the amount reserved by the State 
     under section 4104(a)(1) is insufficient to make allocations 
     to local educational agencies `in an amount equal to the 
     minimum allocation described in subsection (a)(2), such 
     allocations shall be ratably reduced.
       (c) Administrative Costs.--Of the amount received under 
     subsection (a)(2), a local educational agency may reserve not 
     more than 2 percent for the direct administrative costs of 
     carrying out the local educational agency's responsibilities 
     under this part.

     SEC. 4106. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

       (a) In General.--To be eligible to receive an allocation 
     under section 4105(a), a local educational agency shall--
       (1) submit an application, which shall contain, at a 
     minimum, the information described in subsection (e), to the 
     State educational agency at such time, in such manner, and 
     containing such information as the State educational agency 
     may reasonably require; and
       (2) complete a needs assessment in accordance with 
     subsection (d).
       (b) Consortium.--If a local educational agency desires to 
     carry out the activities described in this part in consortium 
     with one or more surrounding local educational agencies as 
     described in section 4105(a)(2)(C), such local educational 
     agencies shall submit a single application as required under 
     subsection (a).
       (c) Consultation.--
       (1) In general.--A local educational agency, or consortium 
     of such agencies, shall develop its application through 
     consultation with parents, teachers, principals, other school 
     leaders, specialized instructional support personnel, 
     students, community-based organizations, local government 
     representatives (which may include a local law enforcement 
     agency, local juvenile court, local child welfare agency, or 
     local public housing agency), Indian tribes or tribal 
     organizations that may be located in the region served by the 
     local educational agency (where applicable), charter school 
     teachers, principals, and other school leaders (if such 
     agency or consortium of such agencies supports charter 
     schools), and others with relevant and demonstrated expertise 
     in programs and activities designed to meet the purpose of 
     this part.
       (2) Continued consultation.--The local educational agency, 
     or consortium of such agencies, shall engage in continued 
     consultation with the entities described in paragraph (1) in 
     order to improve the local activities in order to meet the 
     purpose of this part and to coordinate such implementation 
     with other related strategies, programs, and activities being 
     conducted in the community.
       (d) Needs Assessment.--
       (1) In general.--Except as provided in paragraph (2) and 
     prior to receiving an allocation under this part, a local 
     educational agency or consortium of such agencies shall 
     conduct a comprehensive needs assessment of the local 
     educational agency or agencies proposed to be served under 
     this part in order to examine needs for improvement of--
       (A) access to, and opportunities for, a well-rounded 
     education for all students;
       (B) school conditions for student learning in order to 
     create a healthy and safe school environment; and
       (C) access to personalized learning experiences supported 
     by technology and professional development for the effective 
     use of data and technology.
       (2) Exception.--A local educational agency receiving an 
     allocation under section 4105(a) in an amount that is less 
     than $30,000 shall not be required to conduct a comprehensive 
     needs assessment under paragraph (1).
       (3) Frequency of needs assessment.--Each local educational 
     agency, or consortium of local educational agencies, shall 
     conduct the needs assessment described in paragraph (1) once 
     every 3 years.
       (e) Contents of Local Application.--Each application 
     submitted under this section by a local educational agency, 
     or a consortium of such agencies, shall include the 
     following:
       (1) Descriptions.--A description of the activities and 
     programming that the local educational agency, or consortium 
     of such agencies, will carry out under this part, including a 
     description of--
       (A) any partnership with an institution of higher 
     education, business, nonprofit organization, community-based 
     organization, [or other public or private entity with a 
     demonstrated record of success in implementing activities 
     under this part;
       (B) if applicable, how funds will be used for activities 
     related to supporting well-rounded education under section 
     4107;
       (C) if applicable, how funds will be used for activities 
     related to supporting safe and healthy students under section 
     4108;
       (D) if applicable, how funds will be used for activities 
     related to supporting the effective use of technology in 
     schools under section 4109; and
       (E) the program objectives and intended outcomes for 
     activities under this part, and how the local educational 
     agency, or consortium of such agencies, will periodically 
     evaluate the effectiveness of the activities carried out 
     under this section based on such objectives and outcomes.
       (2) Assurances.--Each application shall include assurances 
     that the local educational agency, or consortium of such 
     agencies, will--
       (A) prioritize the distribution of funds to schools served 
     by the local educational agency, or consortium of such 
     agencies, that--
       (i) are among the schools with the greatest needs, as 
     determined by such local educational agency, or consortium;
       (ii) have the highest percentages or numbers of children 
     counted under [section 1124(c)];
       (iii) are identified for comprehensive support and 
     improvement under [section 1111(c)(4)(D)(i)];
       (iv) are implementing targeted support and improvement 
     plans as described in [section 1111(d)(2)]; or
       (v) are identified as a persistently dangerous public 
     elementary school or secondary school under [section 9532];
       (B) comply with section [9501] (regarding equitable 
     participation by private school children and teachers);
       (C) use a portion of funds, which shall not be less than 20 
     percent of funds, received under this part to support at 
     least one activity authorized under section 4107;
       (D) use a portion of funds, which shall not be less than 20 
     percent of funds, received under this part to support at 
     least one activity authorized under section 4108;
       (E) use a portion of funds received under this part to 
     support at least one activity authorized under section 
     4109(a), including an assurance that the local educational 
     agency, or consortium of local educational agencies, will 
     comply with the requirements of section 4109(b); and
       (F) annually report to the State for inclusion in the 
     report described in section 4104(b)(1)(B) how funds are being 
     used under this part to meet the requirements of 
     subparagraphs (C) through (E).
       (f) Special Rule.--Any local educational agency receiving 
     an allocation under section 4105(a)(1) in an amount less than 
     $30,000 shall be required to provide only one of the 
     assurances described in subparagraphs (C), (D), or (E) of 
     subsection (e)(2).

     SEC. 4107. ACTIVITIES TO SUPPORT WELL-ROUNDED EDUCATIONAL 
                   OPPORTUNITIES.

       Subject to section 4106(f), each local educational agency, 
     or consortium of such agencies, that receives an allocation 
     under section 4105(a) shall use a portion of such funds to 
     develop and implement programs and activities that support 
     access to a well-rounded education and that--
       (1) are coordinated with other schools and community-based 
     services and programs;
       (2) may be conducted in partnership with an institution of 
     higher education, business, nonprofit organization, 
     community-based organization, or other public or private 
     entity with a demonstrated record of success in implementing 
     activities under this section; and
       (3) may include programs and activities, such as--
       (A) college and career guidance and counseling programs, 
     such as--
       (i) postsecondary education and career awareness and 
     exploration activities;
       (ii) training counselors to effectively utilize labor 
     market information in assisting students with postsecondary 
     education and career planning; and
       (iii) financial literacy and Federal financial aid 
     awareness activities;
       (B) programs and activities that use music and the arts as 
     tools to support student success through the promotion of 
     constructive student engagement, problem solving, and 
     conflict resolution;
       (C) programming and activities to improve instruction and 
     student engagement in science, technology, engineering and 
     mathematics, including computer science, (referred to in this 
     section as `STEM subjects') by--
       (i) increasing access for students through grade 12 who are 
     members of groups underrepresented in such subject fields, 
     such as female students, minority students, English learners, 
     children with disabilities, and economically disadvantaged 
     students, to high-quality courses;
       (ii) supporting the participation of low-income students in 
     nonprofit competitions related to STEM subjects (such as 
     robotics,

[[Page H8593]]

     science research, invention, mathematics, computer science, 
     and technology competitions);
       (iii) providing hands-on learning and exposure to science, 
     technology, engineering, and mathematics and supporting the 
     use of field-based or service learning to enhance the 
     students' understanding of the identified subjects;
       (iv) supporting the creation and enhancement of STEM-
     focused specialty schools; and (v) facilitating collaboration 
     among school, after-school program, and informal program 
     personnel to improve the integration of programming and 
     instruction in the identified subjects;
       (vi) integrating other academic subjects, including the 
     arts, into STEM programs to increase participation in STEM, 
     improve attainment of STEM-related skills, and promote well-
     rounded education;''
       (D) efforts to raise student academic achievement through 
     accelerated learning programs described in section 
     4104(b)(2)(B)(i)(I)(dd), such as--
       (i) reimbursing low-income students to cover part or all of 
     the costs of accelerated learning examination fees, if the 
     low-income students are enrolled in accelerated learning 
     courses and plan to take accelerated learning examinations; 
     or
       (ii) increasing the availability of, and enrollment in 
     accelerated learning courses, accelerated learning 
     examinations, dual or concurrent enrollment programs, and 
     early college high school courses;
       (E) activities to promote the development, implementation, 
     and strengthening of programs to teach traditional American 
     history, civics, economics, geography, or government 
     education;
       (F) foreign language instruction;
       (G) environmental education;
       (H) programs and activities that promote volunteerism and 
     community involvement; or
       (I) programs and activities that support educational 
     programs that integrate multiple disciplines, such as 
     programs that combine arts and math; or''
       (J) other activities and programs to support student access 
     to, and success in, a variety of well-rounded education 
     experiences.

     SEC. 4108. ACTIVITIES TO SUPPORT SAFE AND HEALTHY STUDENTS.

       Subject to section 4106(f), each local educational agency, 
     or consortium of such agencies, that receives an allocation 
     under section 4105(a) shall use a portion of such funds to 
     develop, implement, and evaluate comprehensive programs and 
     activities that--
       (1) are coordinated with other schools and community-based 
     services and programs;
       (2) foster safe, healthy, supportive, and drug-free 
     environments that support student academic achievement;
       (3) promote the involvement of parents in the activity or 
     program;
       (4) may be conducted in partnership with an institution of 
     higher education, business, nonprofit organization, 
     community-based organization, or other public or private 
     entity with a demonstrated record of success in implementing 
     activities under this section; and
       (5) may include, among other programs and activities--
       (A) to the extent the state, in consultation with local 
     educational agencies in the state, determines that such 
     evidence is reasonably available, evidence-based drug and 
     violence prevention activities and programs (including 
     programs to educate students against the use of alcohol, 
     tobacco, marijuana, smokeless tobacco products, and 
     electronic cigarettes), including professional development 
     and training for school and specialized instructional support 
     personnel and interested community members in prevention, 
     education, early identification, intervention mentoring, 
     recovery support services and, where appropriate, 
     rehabilitation referral, as related to drug and violence 
     prevention;
       (B) in accordance with section 4111--
       (i) school-based mental health services, including early 
     identification of mental-health symptoms, drug use and 
     violence, and appropriate referrals to direct individual or 
     group counseling services; and
       (ii) school-based mental health services partnership 
     programs that--

       (I) are conducted in partnership with a public or private 
     mental-health entity or health care entity; and
       (II) provide comprehensive school-based mental health 
     services and supports and staff development for school and 
     community personnel working in the school that are--

       (aa) based on trauma-informed and, to the extent the state, 
     in consultation with local educational agencies in the state, 
     determines that such evidence is reasonably available, 
     evidence-based practices;
       (bb) coordinated (where appropriate) with early intervening 
     services carried out under the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.); and
       (cc) provided by qualified mental and behavioral health 
     professionals who are certified or licensed by the State 
     involved and practicing within their area of expertise;
       (C) programs or activities that--
       (i) integrate health and safety practices into school or 
     athletic programs;
       (ii) support a healthy, active lifestyle, including 
     nutritional education and regular, structured physical 
     education activities and programs, and which may address 
     chronic disease management with instruction led by school 
     nurses, nurse practitioners, or other appropriate specialists 
     or professionals to help maintain the well-being of students;
       (iii) help prevent bullying and harassment;
       (iv) improve instructional practices for developing 
     relationship-building skills, such as effective 
     communication, and improve safety through the recognition and 
     prevention of coercion, violence, or abuse, including teen 
     and dating violence, stalking, domestic abuse, and sexual 
     violence and harassment;
       (v) provide mentoring and school counseling to all 
     students, including children who are at risk of academic 
     failure, dropping out of school, involvement in criminal or 
     delinquent activities, or drug use and abuse;
       (vi) establish or improve school dropout and re-entry 
     programs; or
       Report Language: ``The Conferees intend that throughout 
     this part, references to children who are at risk of academic 
     failure or dropping out of school include expectant and 
     parenting students who have unique educational needs. Local 
     educational agencies should provide opportunities for the 
     enrollment, attendance, and success of such students.''
       (vii) establish learning environments and enhance students' 
     effective learning skills essential for school readiness and 
     academic success, such as by providing integrated systems of 
     student and family supports;
       (D) high-quality training for school personnel, including 
     specialized instructional support personnel, related to--
       (i) suicide prevention;
       (ii) effective and trauma-informed practices in classroom 
     management;
       (iii) crisis management and conflict resolution techniques;
       (iv) human trafficking (defined, for purposes of this 
     subparagraph, as an act or practice described in paragraph 
     (9) or (10) of section 103 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102));
       (v) school-based violence prevention strategies;
       (vi) drug abuse prevention, including educating children 
     facing substance abuse at home; and
       (vii) bullying and harassment prevention;
       (E) in accordance with section 4111, child sexual abuse 
     awareness and prevention programs or activities, such as 
     programs or activities designed to provide--
       (i) age-appropriate and developmentally-appropriate 
     instruction for students in child sexual abuse awareness and 
     prevention, including how to recognize child sexual abuse and 
     how to safely report child sexual abuse; and
       (ii) information to parents and guardians of students about 
     child sexual abuse awareness and prevention, including how to 
     recognize child sexual abuse and how to discuss child sexual 
     abuse with a child;
       (F) designing and implementing a locally-tailored plan to 
     reduce exclusionary discipline practices in elementary and 
     secondary schools that--
       (i) is consistent with best practices;
       (ii) includes, to the extent the state, in consultation 
     with local educational agencies in the state, determines that 
     such evidence is reasonably available, evidence-based 
     strategies; and
       (iii) is aligned with the long-term goal of prison 
     reduction through opportunities, mentoring, intervention, 
     support, and other education services, referred to as a 
     `youth PROMISE plan'; or
       (G) implementation of schoolwide positive behavioral 
     interventions and supports, including through coordination 
     with similar activities carried out under the Individuals 
     with Disabilities Education Act (20 U.S.C. 1400 et seq.), in 
     order to improve academic outcomes and school conditions for 
     student learning;
       (H) designating a site resource coordinator at a school or 
     local educational agency to provide a variety of services, 
     such as--
       (i) establishing partnerships within the community to 
     provide resources and support for schools;
       (ii) ensuring all service and community partners are 
     aligned with the academic expectations of a community school 
     in order to improve student success; and
       (iii) strengthening relationships between schools and 
     communities; or
       (I) pay-for-success initiatives aligned with the purposes 
     of this section.

     SEC. 4109. ACTIVITIES TO SUPPORT THE EFFECTIVE USE OF 
                   TECHNOLOGY.

         (a) Uses of Funds.--Subject to section 4106(f), each 
     local educational agency, or consortium of such agencies, 
     that receives an allocation under section 4015(a) shall use a 
     portion of such funds to improve the use of technology to 
     improve the academic achievement, academic growth, and 
     digital literacy of all students, including by meeting the 
     needs of such agency or consortium identified in the need 
     assessment conducted under section 4106(d) (if applicable), 
     which may include--
       (1) providing educators, school leaders, and administrators 
     with the professional learning tools, devices, content, and 
     resources to--
       (A) personalize learning to improve student academic 
     achievement;
       (B) discover, adapt, and share relevant high-quality 
     educational resources;
       (C) use technology effectively in the classroom, including 
     by administering computer-based assessments and blended 
     learning strategies; and
       (D) implement and support school- and districtwide 
     approaches for using technology to inform instruction, 
     support teacher collaboration, and personalize learning;
       (2) building technological capacity and infrastructure, 
     which may include--

[[Page H8594]]

       (A) procuring content and ensuring content quality; and
       (B) purchasing devices, equipment, and software 
     applications in order to address readiness shortfalls;
       (3) developing or utilizing effective or innovative 
     strategies for the delivery of specialized or rigorous 
     academic courses and curricula through the use of technology, 
     including digital learning technologies and assistive 
     technology;
       (4) carrying out blended learning projects, which shall 
     include--
       (A) planning activities, which may include development of 
     new instructional models (including blended learning 
     technology software and platforms), the purchase of digital 
     instructional resources, initial professional development 
     activities, and one-time information technology purchases, 
     except that such expenditures may not include expenditures 
     related to significant construction or renovation of 
     facilities; or
       (B) ongoing professional development for teachers, 
     principals, other school leaders, or other personnel involved 
     in the project that is designed to support the implementation 
     and academic success of the project;
       (5) providing professional development in the use of 
     technology (which may be provided through partnerships with 
     outside organizations) to enable teachers and instructional 
     leaders to increase student achievement in the areas of 
     science, technology, engineering, and mathematics, including 
     computer science; and
       (6) providing students in rural, remote, and underserved 
     areas with the resources to take advantage of high-quality 
     digital learning experiences, digital resources, and access 
     to online courses taught by effective educators.
       (b) Special Rule.--A local educational agency, or 
     consortium of such agencies, shall not use more than 15 
     percent of funds for purchasing technology infrastructure as 
     described in subsection (a)(2)(B), which shall include 
     technology infrastructure purchased for the activities under 
     subsection (a)(4)(A) .

     SEC. 4110. SUPPLEMENT, NOT SUPPLANT.

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

     SEC. 4111. PROHIBITIONS.

       (a) Parental Consent.--
       (1) In General.--
       (A) Informed Written Consent.--Each entity receiving an 
     allocation under this title shall obtain prior written, 
     informed consent from the parent of each child who is under 
     18 years of age to participate in any mental-health 
     assessment or service that is funded under this title and 
     conducted in connection with an elementary school or 
     secondary school under this part.
       (B) Contents.--Before obtaining the consent described in 
     subparagraph (A), the entity shall provide the parent written 
     notice describing in detail such mental health assessment or 
     service, including the purpose for such assessment or 
     service, the provider of such assessment or service, when 
     such assessment or service will begin, and how long such 
     assessment or service will may last.
       (C) Limitation.--The informed written consent required 
     under this paragraph shall not be a waiver of any rights or 
     protections under Section 444 of the General Education 
     Provisions Act (20 U.S.C. 1232g).
       (2) Exception.--Notwithstanding paragraph (1)(A), the 
     written, informed consent described in such paragraph shall 
     not be required in--
       (A) an emergency, where it is necessary to protect the 
     immediate health and safety of the child, other children, or 
     entity personnel; or
       (B) other instances where an entity actively seeks parental 
     consent but such consent cannot be reasonably obtained, as 
     determined by the State or local educational agency, 
     including in the case of a child whose parent has not 
     responded to the notice described in paragraph (1)(B) or who 
     has attained 14 years of age and is an unaccompanied youth, 
     as defined in section 725 of the Federal McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. Sec.  11434a).
       (b) Prohibited Use of Funds.--No funds under this title may 
     be used for medical services or drug treatment or 
     rehabilitation, except for integrated student supports, 
     specialized instructional support services, or referral to 
     treatment for impacted students, which may include students 
     who are victims of, or witnesses to, crime or who illegally 
     use drugs.
       (c) Prohibition on Mandatory Medication.--No child shall be 
     required to obtain a prescription for a substance covered by 
     the Controlled Substances Act (21 U.S.C. 801 et seq.) as a 
     condition of--
       (1) receiving an evaluation or other services described 
     under this part,' or
       (2) attending a school receiving assistance under this 
     title].
       (d) Rule of Construction.--Nothing in this part may be 
     construed to--
       (1) authorize activities or programming that encourages 
     teenage sexual activity; or
       (2) prohibit effective activities or programming that meet 
     the requirements of section [85XX]

     SEC. 4112. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     part $1,650,000,000 for fiscal year 2017 and $1,600,000,000 
     for each of fiscal years 2018 through 2020.
       2. The Senate bill reauthorizes and makes changes to the 
     21st Century Community Learning Centers grant program. The 
     House amendment consolidates this program into the Local 
     Academic Flexible Grant.
       HR with an amendment to read as follows:

            PART B--21ST CENTURY COMMUNITY LEARNING CENTERS

     SEC. 4201. 21ST CENTURY COMMUNITY LEARNING CENTERS.

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

            PART B--21ST CENTURY COMMUNITY LEARNING CENTERS

     SEC. 4201. PURPOSE; DEFINITIONS.

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

     SEC. 4202. ALLOTMENTS TO STATES.

       (a) Reservation.--From the funds appropriated under section 
     4206 for any fiscal year, the Secretary shall reserve--

[[Page H8595]]

       (1) such amounts as may be necessary to make continuation 
     awards to grant recipients under covered programs (under the 
     terms of those grants);
       (2) not more than 1 percent for national activities, which 
     the Secretary may carry out directly or through grants and 
     contracts, such as providing technical assistance to eligible 
     entities carrying out programs under this part or conducting 
     a national evaluation; and
       (3) not more than 1 percent for payments to the outlying 
     areas and the Bureau of Indian Education, to be allotted in 
     accordance with their respective needs for assistance under 
     this part, as determined by the Secretary, to enable the 
     outlying areas and the Bureau to carry out the purpose of 
     this part.
       (b) State Allotments.--
       (1) Determination.--From the funds appropriated under 
     section 4206 for any fiscal year and remaining after the 
     Secretary makes reservations under subsection (a), the 
     Secretary shall allot to each State for the fiscal year an 
     amount that bears the same relationship to the remainder as 
     the amount the State received under [subpart 2 of part A of 
     title I for the preceding fiscal year] bears to the amount 
     all States received under [that subpart] for the preceding 
     fiscal year, except that no State shall receive less than an 
     amount equal to one-half of 1 percent of the total amount 
     made available to all States under this subsection.
       (2) Reallotment of unused funds.--If a State does not 
     receive an allotment under this part for a fiscal year, the 
     Secretary shall reallot the amount of the State's allotment 
     to the remaining States in accordance with this part.
       (c) State Use of Funds.--
       (1) In general.--Each State that receives an allotment 
     under this part shall reserve not less than 93 percent of the 
     amount allotted to such State under subsection (b), for each 
     fiscal year for awards to eligible entities under section 
     4204.
       (2) State administration.--A State educational agency may 
     use not more than 2 percent of the amount made available to 
     the State under subsection (b) for--
       (A) the administrative costs of carrying out its 
     responsibilities under this part;
       (B) establishing and implementing a rigorous peer-review 
     process for subgrant applications described in section 
     4204(b) (including consultation with the Governor and other 
     State agencies responsible for administering youth 
     development programs and adult learning activities); and
       (C) awarding of funds to eligible entities (in consultation 
     with the Governor and other State agencies responsible for 
     administering youth development programs and adult learning 
     activities).
       (3) State activities.--A State educational agency may use 
     not more than 5 percent of the amount made available to the 
     State under subsection (b) for the following activities:
       (A) Monitoring and evaluation of programs and activities 
     assisted under this part.
       (B) Providing capacity building, training, and technical 
     assistance under this part.
       (C) Comprehensive evaluation (directly, or through a grant 
     or contract) of the effectiveness of programs and activities 
     assisted under this part.
       (D) Providing training and technical assistance to eligible 
     entities that are applicants for or recipients of awards 
     under this part.
       (E) Ensuring that any eligible entity that receives an 
     award under this part from the State aligns the activities 
     provided by the program with the challenging State academic 
     standards.
       (F) Ensuring that any such eligible entity identifies and 
     partners with external organizations, if available, in the 
     community.
       (G) Working with teachers, principals, parents, the local 
     workforce, the local community, and other stakeholders to 
     review and improve State policies and practices to support 
     the implementation of effective programs under this part.
       (H) Coordinating funds received under this part with other 
     Federal and State funds to implement high-quality programs.
       (I) Providing a list of prescreened external organizations, 
     as described in section 4203(a)(11).

     SEC. 4203. STATE APPLICATION.

       (a) In General.--In order to receive an allotment under 
     section 4202 for any fiscal year, a State shall submit to the 
     Secretary, at such time as the Secretary may require, an 
     application that--
       (1) designates the State educational agency as the agency 
     responsible for the administration and supervision of 
     programs assisted under this part;
       (2) describes how the State educational agency will use 
     funds received under this part, including funds reserved for 
     State-level activities;
       (3) contains an assurance that the State educational 
     agency--
       (A) will make awards under this part to eligible entities 
     that serve--
       (i) students who primarily attend--

       (I) schools that have been identified under [section 
     1111(d)]; and
       (II) other schools determined by the local educational 
     agency to be in need of intervention and support; and

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

[[Page H8596]]

       (d) Notification.--If the Secretary finds that the 
     application is not in compliance, in whole or in part, with 
     this part, the Secretary shall--
       (1) give the State educational agency notice and an 
     opportunity for a hearing; and
       (2) notify the State educational agency of the finding of 
     noncompliance and, in such notification--
       (A) cite the specific provisions in the application that 
     are not in compliance; and
       (B) request additional information, only as to the 
     noncompliant provisions, needed to make the application 
     compliant.
       (e) Response.--If the State educational agency responds to 
     the Secretary's notification described in subsection (d)(2) 
     during the 45-day period beginning on the date on which the 
     agency received the notification, and resubmits the 
     application with the requested information described in 
     subsection (d)(2)(B), the Secretary shall approve or 
     disapprove such application prior to the later of--
       (1) the expiration of the 45-day period beginning on the 
     date on which the application is resubmitted; or
       (2) the expiration of the 120-day period described in 
     subsection (b).
       (f) Failure to Respond.--If the State educational agency 
     does not respond to the Secretary's notification described in 
     subsection (d)(2) during the 45-day period beginning on the 
     date on which the agency received the notification, such 
     application shall be deemed to be disapproved.
       (g) Limitation.--The Secretary may not impose a priority or 
     preference for States or eligible entities that seek to use 
     funds made available under this part to extend the regular 
     school day.

     ``SEC. 4204. LOCAL COMPETITIVE SUBGRANT PROGRAM.

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

       (I) have been identified under [section 1111(d)] or other 
     schools determined by the local educational agency to be in 
     need of intervention and support to improve student academic 
     achievement and other outcomes; and
       (II) enroll students who may be at risk for academic 
     failure, dropping out of school, involvement in criminal or 
     delinquent activities, or who lack strong positive role 
     models; and

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

[[Page H8597]]

     provided under this part to an eligible entity, based on the 
     eligible entity's performance during the initial subgrant 
     period following an eligible entity receiving a subgrant.

     ``SEC. 4205. LOCAL ACTIVITIES.

       (a) Authorized Activities.--Each eligible entity that 
     receives an award under section 4204 may use the award funds 
     to carry out a broad array of activities that advance student 
     academic achievement and support student success, including--
       (1) academic enrichment learning programs, mentoring 
     programs, remedial education activities, and tutoring 
     services, that are aligned with--
       (A) State and local content and student academic 
     achievement standards; and
       (B) local curricula that are designed to improve student 
     academic achievement;
       (2) well-rounded education activities, including such 
     activities that enable students to be eligible for credit 
     recovery or attainment;
       (3) literacy education programs, including financial 
     literacy programs and environmental literacy programs;
       (4) programs that support a healthy, active lifestyle, 
     including nutritional education and regular, structured 
     physical activity programs;
       (5) services for individuals with disabilities;
       (6) programs that provide after-school activities for 
     students who are English learners that emphasize language 
     skills and academic achievement;
       (7) cultural programs;
       (8) telecommunications and technology education programs;
       (9) expanded library service hours;
       (10) parenting skills programs that promote parental 
     involvement and family literacy;
       (11) programs that provide assistance to students who have 
     been truant, suspended, or expelled to allow the students to 
     improve their academic achievement;
       (12) drug and violence prevention programs and counseling 
     programs;
       (13) programs that build skills in science, technology, 
     engineering, and mathematics (referred to in this paragraph 
     as `STEM'), including computer science, and that foster 
     innovation in learning by supporting nontraditional STEM 
     education teaching methods; and
       (14) programs that partner with in-demand fields of the 
     local workforce or build career competencies and career 
     readiness and ensure that local workforce and career 
     readiness skills are aligned with the Carl D. Perkins Career 
     and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) 
     and the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3101 et seq.).
       (b) Measures of Effectiveness.--
       (1) In general.--For a program or activity developed 
     pursuant to this part to meet the measures of effectiveness, 
     monitored by the State educational agency as described in 
     section 4203(a)(14), such program or activity shall--
       (A) be based upon an assessment of objective data regarding 
     the need for before and after school or summer recess 
     programs and activities in the schools and communities;
       (B) be based upon an established set of performance 
     measures aimed at ensuring the availability of high-quality 
     academic enrichment opportunities;
       (C) if appropriate, be based upon evidence-based research 
     that the program or activity will help students meet [the 
     challenging State academic standards and any local academic 
     standards
       (D) ensure that measures of student success align with the 
     regular academic program of the school and the academic needs 
     of participating students and include performance indicators 
     and measures described in section 4203(a)(14)(A); and (E) 
     collect the data necessary for the measures of student 
     success described in subparagraph (D).
       (2) Periodic evaluation.--
       (A) In general.--The program or activity shall undergo a 
     periodic evaluation in conjunction with the State educational 
     agency's overall evaluation plan as described in section 
     4203(a)(14), to assess the program's progress toward 
     achieving the goal of providing high-quality opportunities 
     for academic enrichment and overall student success.
       (B) Use of results.--The results of evaluations under 
     subparagraph (A) shall be--
       (i) used to refine, improve, and strengthen the program or 
     activity, and to refine the performance measures;
       (ii) made available to the public upon request, with public 
     notice of such availability provided; and
       (iii) used by the State to determine whether a subgrant is 
     eligible to be renewed under section 4204(j).

     SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $1,000,000,000 for fiscal year 2017, $1,100,000,000 for 
     each of fiscal years 2018 through 2020.''.
       [(b) Transition.--The recipient of a multiyear grant award 
     under part B of title IV of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7171 et seq.), as such Act 
     was in effect on the day before the date of enactment of this 
     Act, shall continue to receive funds in accordance with the 
     terms and conditions of such award].
       3. The Senate bill reauthorizes and makes minimal changes 
     to the Elementary and Secondary School Counseling Program. 
     The House amendment consolidates this program into the Local 
     Academic Flexible Grant.
       SR
       4. The Senate bill reauthorizes and makes minimal changes 
     to the Physical Education Program. The House amendment 
     consolidates this program into the Local Academic Flexible 
     Grant.
       SR
       5. The House amendment and the Senate bill include the 
     Family Engagement in Education Programs in different titles.
       HR/SR with an amendment to insert as ``PART E''
       6. The Senate bill and the House amendment have different 
     section references, but include identical purposes for the 
     program.
       LC
        7. The Senate bill and the House amendment include 
     different section references, but identical ``grants 
     authorized'' language.
       LC
       8. The Senate bill and the House amendment have different 
     section numbers for the ``applications'' section.
       LC
       9. The House amendment, but not the Senate bill, includes 
     an assurance in the application for the applicant to conduct 
     adult literacy training in the community, including financial 
     literacy.
       SR
       10. The Senate bill and the House amendment have different 
     section references in the ``use of funds'' language.
       LC
       11. The House amendment, but not the Senate bill, includes 
     a provision to teach parents about the harms of copyright 
     piracy in addition to technology in the uses of funds.
       HR
       12. The Senate bill and House amendment have different 
     section references in the ``technical assistance'' language.
       LC
       13. The Senate bill and House amendment have different 
     section references in the title.
       LC
       13a. The Senate bill, but not the House amendment, includes 
     Indian tribe and tribal organizations as eligible 
     contractors.
       HR
       14. The Senate bill authorizes such sums for each year 
     2016-2021. The House amendment authorizes $25,000,000 for 
     each year 2016-2019.
       HR with an amendment to strike ``such sums as may be 
     necessary'' and insert ``$10,000,000'' and strike ``2016 
     through 2021'' and insert ``2017 through 2020''

                        TITLE V--CHARTER SCHOOLS

       0. The charter school provisions use a different term for 
     ``English learners'' than other provisions in the bill.
       HR/SR Every reference to ``Students who are English 
     learners'' should be changed to ``English learners''
       0a. The Senate bill and the House amendment refer to 
     expansion and replication differently.
       HR to use Senate language on ``expansion and replication''
       1. The House amendment moves the Charter Schools Program 
     from Title V in current law to Title III Part A. The Senate 
     bill maintains the program as Title V Part A.
       HR/SR with an amendment to redesignate the charter school 
     program as Part C of Title IV
       2. The Senate bill strikes, redesignates, and replaces a 
     number of sections of current law, while the House amendment 
     strikes and replaces current law wholesale.
       LC
       3. The Senate bill and the House amendment have different 
     section titles.
       LC
       3a. The House amendment, but not the Senate bill, contains 
     a findings section.
       HR
       4. The House amendment, but not the Senate bill, includes a 
     sense of Congress.
       HR
       5. The House amendment, but not the Senate bill, includes a 
     purpose of the program to improve the United States education 
     system and build a stronger America.
       SR
       6. The Senate bill uses the phrase ``increase'' the number 
     of high quality charter schools, while the House amendment 
     uses the word ``expand''.
       HR
       7. The Senate bill and House amendment include different 
     language regarding opportunities and referencing students.
       HR
       7a. The Senate bill has a reference to standards.
       HR
       8. The House amendment, but not the Senate bill, includes a 
     program purpose to support quality accountability and 
     transparency for authorizing entities.
       SR with an amendment to strike ``quality accountability'' 
     and insert ``quality, accountability''
       9. The Senate bill includes early childhood students, while 
     the House amendment does not.
       HR
       10. The Senate bill and House amendment use slightly 
     different wording in paragraph (1).
       HR with an amendment to add ``new'' after ``the startup 
     of'' and strike ``the expansion of'' and insert ``to expand''
       11. The Senate bill specifies the activities that will be 
     carried out under (A), whereas the House amendment blankets 
     these activities under the umbrella of ``charter school 
     development.''

[[Page H8598]]

       HR with an amendment to add ``new'' after ``the startup 
     of'' and strike ``the expansion of'' and insert ``to expand''
       12. The Senate bill uses slightly different wording than 
     the House amendment, but has similar policy.
       HR
       13. The Senate bill and House amendment use different 
     cross-references.
       LC
       14. The Senate bill and House amendment use different 
     cross-references.
       LC
       15. The Senate bill reserves no less than 25 percent for a 
     national activities competition, while the House amendment 
     caps national activities at 10 percent.
       HR with an amendment to strike ``reserve not less than 
     25%'' and insert ``reserve 22.5%''
       16. The Senate bill and House amendment use different 
     cross-references.
       LC
       16a. The House amendment and Senate bill have different 
     references to the reservation language.
       LC
       16b. The House amendment, but not the Senate bill, includes 
     subpart 2.
       HR
       16c. The Senate bill and House amendment have different 
     references to the bill name.
       LC
       17. The House amendment, but not the Senate bill, requires 
     GAO to issue a report on the State use of administrative 
     funds.
       HR
       18. The Senate bill and the House amendment use different 
     section numbers.
       LC
       19. The House amendment moves the definition of eligible 
     entity to Section 3103(i). The Senate bill and House 
     amendment contain identical language.
       LC
       20. The Senate bill inserts the phrase ``on a competitive 
     basis''.
       HR
       21. The Senate bill and House amendment use different 
     cross-references.
       LC
       22. The House amendment awards subgrants for ``opening and 
     preparing to operate'', charter schools, while the Senate 
     bill uses a different structure.
       SR with an amendment to strike paragraph (1) and insert: 
     ``(1) award subgrants to eligible applicants enable eligible 
     applicants to--
       (A) open and prepare for the operation of new charter 
     schools;
       (B) open and prepare for the operation of replicated high-
     quality charter schools; or
       (C) expand high-quality charter schools; and
       23. The Senate bill, but not the House amendment, lists 
     specific activities that qualify as ``improving authorizing 
     quality''.
       HR
       24. The Senate bill and the House amendment use different 
     cross-references.
       LC
       24a. The House amendment and the Senate bill have different 
     titles for the subsection.
       HR
       25. The House amendment allows the State to set-aside funds 
     for administrative costs, which may include technical 
     assistance, whereas the Senate bill clarifies the same set-
     aside can address the administrative costs of technical 
     assistance.
       SR
       26. The House amendment allows a state entity to carry out 
     a subgrant competition and technical assistance directly 
     through grants, contractors, or cooperative agreements, while 
     the Senate bill only allows their use to provide technical 
     assistance.
       HR
       27. The House amendment and the Senate bill use different 
     wording in the rule of construction regarding lotteries.
       SR with an amendment to strike ``states'' and insert 
     ``state entities, or prohibit State entities from awarding 
     subgrants to eligible applicants''
       28. The Senate bill and House amendment use different 
     cross-references.
       LC
       29. The Senate bill, but not the House amendment, clarifies 
     that the rule of construction does not prohibit schools from 
     specializing in providing specific services for students with 
     special needs.
       HR
       Report Language: ``Subparagraph (B) allows a public charter 
     school receiving funding under this section to specialize in 
     providing specific services; however, Conferees do not intend 
     inclusion of this language to allow for funding under this 
     section to support the opening, replication, or expansion of 
     public charter schools that intentionally seek to serve only 
     children with disabilities, children with a specific 
     disability classification, or other children with specific 
     needs through use of exclusionary recruitment, enrollment, or 
     retention policies or procedures. Conferees believe that 
     charter schools specializing in specific services must adhere 
     to all Federal and State statutory and regulatory 
     requirements pertaining to student recruitment, enrollment, 
     and retention.''
       30. The Senate bill establishes a 3-year grant period with 
     the possibility for a 2-year extension. The House amendment 
     establishes a 5-year grant period.
       SR
       31. The Senate bill establishes a subgrant period of 3 
     years with the possibility of a 2-year extension, where 
     planning time may not exceed 18 months. The House amendment 
     caps subgrants at 5 years, but also contains an 18 month 
     limit for planning and design.
       SR
       31a. The Senate bill uses ``awarding subgrants'', but the 
     House amendment uses ``receiving a grant''
       LC
       32. The House amendment, but not the Senate bill, includes 
     provisions outlining the number and amount of grants for the 
     Secretary to disperse, as well as requirements for the 
     Secretary to annually review how States are using their grant 
     funds to assess if the Secretary should terminate or reduce 
     the amount of grant funds.
       SR with an amendment to strike paragraph (3) and insert the 
     following:
       (3) Grant Awards.--
       (A) In general.--The Secretary--
       (i) shall for each fiscal year for which funds are 
     appropriated under 4311--

       (I) award not less than 3 grants under this section; and
       (II) fully obligate the first 2 years of funds appropriated 
     for the purpose of awarding grants under this section in the 
     first fiscal year for which such grants are awarded; and

       (ii) prior to the start of the third year of the grant 
     period and each succeeding year of each grant awarded under 
     this section to a State entity--

       (I) shall review--

       (aa) whether the State entity is using the grant funds for 
     the agreed upon uses of funds; and
       (bb) whether the full amount of the grant will be needed 
     for the remainder of the grant period; and

       (II) may, as determined necessary based on that review, 
     terminate or reduce the amount of the grant and reallocate 
     the remaining grant funds to other State entities--

       (aa) by using such funds to award grants under this section 
     to other State entities; or
       (bb) in a fiscal year in which the amount of such remaining 
     funds is insufficient to award grants under item (aa), in 
     accordance with subparagraph (B).
       (B) Remaining funding.--In a fiscal year for which there 
     are remaining grant funds under this paragraph, but the 
     amount of such funds is insufficient to award a grant to a 
     State entity under this section, the Secretary shall use such 
     remaining grants funds to supplement funding for grants under 
     section 4305(a)(2), but not to supplant--]

       (i) the funds reserved under section 4305(a)(2); and]
       (ii) funds otherwise reserved under section 4302(b)(2) to 
     carry out national activities under section 4305.]

       33. The Senate bill and the House amendment contain 
     different titles, but similar wording for project diversity.
       LC
       33a. The Senate bill and House amendment use different 
     words for awarding vs receiving.
       LC
       33b. The Senate bill and House amendment use different 
     words for possible versus practicable and applicable.
       HR
       34. The Senate bill contains an additional provision that 
     directs States to prioritize applicants that plan to serve 
     students from low-income families.
       SR
       35. The Senate bill, but not the House amendment, clarifies 
     that the waiver authority applies to charter schools 
     supported under this part.
       SR
       35a. The House amendment and Senate bill have different 
     cross-references.
       LC
       36. The Senate bill and House amendment contain similar 
     grant limitations: a State cannot have more one than one 
     grant awarded at a time.
       LC
       37. The Senate bill allows grantees to receive more than 
     one subgrant during each grant period if it has 
     ``demonstrated a strong track record of positive results,'' 
     while the House amendment refers to ``improved educational 
     results.''
       SR
        38. The House amendment clarifies a distinct period (3 
     years) that is different than the total grant period (5 
     years) for demonstrating results, whereas the Senate bill 
     maintains demonstration as ``the course of the grant 
     period''.
       SR
       39. The Senate bill and House amendment use a slightly 
     different structure.
       LC
       40. The Senate bill and House amendment use different list 
     structures.
       LC
       41. The House amendment, but not the Senate bill, requires 
     an explanation of how the State will help all charter schools 
     to meet the needs of students with disabilities and English 
     learners. Similar requirements occur in section 
     5102(f)(1)(A)(x) of the Senate bill and in section 
     3103(e)(xi) of the House amendment.
       SR
       42. The House amendment, but the not Senate bill, requires 
     an explanation of how the State will have clear plans and 
     procedures to assist students in the case of a charter 
     revocation or closure.
       SR with an amendment to strike ``have'' and insert ``ensure 
     that public chartering agencies, in collaboration with 
     surrounding local educational agencies where applicable, 
     establish''
       43. The Senate bill and House amendment use different list 
     structures.
       LC
       44. The House amendment requires the entity to work with 
     the SEA to ``adequately'' operate the State entity's program 
     ``where''

[[Page H8599]]

     applicable, the Senate bill does not include ``adequately'' 
     and says ``if' applicable rather than ``where''.
       HR on ``adequately.'' LC on ``if'' vs ``where''
       45. The House amendment specifies the activities that an 
     applicant will carry out under its program, while the Senate 
     bill does not.
       HR
       46. The Senate bill references to opening and expanding 
     schools and the House amendment does not.
       SR with an amendment to strike subclause (I) and insert 
     ``(I) is using funds provided under this section for the 
     activities described in subsection (b)(1);''
       46a. The House amendment and the Senate bill use different 
     cross-references.
       LC
       47. The House amendment, but not the Senate bill, specifies 
     that the operation of the school will be continued in a way 
     that is consistent with its application.
       SR
       48. The House amendment, but not the Senate bill, requires 
     a description of how the entity will support school 
     turnarounds.
       HR/SR with an amendment to strike clause (vii) and insert 
     the following:
       (vii) support charter schools in local educational agencies 
     identified by the State under section 1111(d), and the use of 
     charter schools to improve, or in turning around, struggling 
     schools;
       49. The Senate bill and House amendment both require an 
     explanation of retention and inclusion practices for all 
     students. The House amendment specifically identifies foster 
     and homeless students, and disciplinary practices.
       HR/SR to strike paragraphs (viii) and (ix) and insert the 
     following:
       (viii) work with charter schools on--
       (A) recruitment and enrollment practices to promote 
     inclusion of all students, including by eliminating any 
     barriers to enrollment for educationally disadvantaged 
     students, (who include foster youth and unaccompanied 
     homeless youth; and
       (B) supporting all students once they are enrolled to 
     promote retention, including by reducing the overuse of 
     discipline practices that remove students from the classroom;
       50. The Senate bill and House amendment both require an 
     explanation of how the State will work with schools on 
     recruitment practices. The House amendment additionally 
     prohibits schools from having barriers (in the form of 
     policies or procedures) for educationally disadvantaged 
     students, and requires an explanation of how schools are in 
     compliance with Federal and State laws on enrollment 
     practices.
       See note 49.
       51. The Senate bill and House amendment both require 
     explanations on how the state entity will share best 
     practices. The House amendment additionally includes 
     enumerated course and subject materials (professional 
     development in STEM, etc).
       HR with an amendment to strike ``among'' and insert 
     ``between''
       52. The Senate bill and House amendment use different list 
     structures.
       LC
       53. The Senate bill and House amendment use different 
     cross-references.
       LC
       54. The House amendment differentiates authorizing 
     requirements for State entities that are a State educational 
     agency, a State charter school board, or Governor of a State. 
     [See below for Charter Support Organization (CSO) Applicants] 
     The Senate bill requires an explanation of which actor in the 
     state will be responsible for oversight of public chartering 
     agencies, and includes a rule of construction regarding 
     changing state law/practices.
       SR with an amendment to add ``how the State'' after 
     ``(xiv)'' and strike ``actively''
       55. House amendment differentiates authorizing requirements 
     for State entities that are CSOs. The House amendment 
     requires CSOs to participate State charter authorizer 
     oversight activities. The Senate bill includes all applicants 
     in the authorizing requirements in (B) See note 54.
       SR
       56. The House amendment, but not the Senate bill, requires 
     a description of how the State entity will support the 
     creation of secondary schools.
       SR
       57. The Senate bill and House amendment use different 
     section references.
       LC.
       58. The Senate bill and House amendment require information 
     on how the State can carry out priorities and is working to 
     develop a statewide system that supports charter schools, but 
     use slightly different wording.
       HR
       59. The Senate bill requires a description of how the State 
     entity will solicit input from parents and communities. The 
     House amendment has them later in the bill. See notes 65 and 
     79.
       SR
       60. The House amendment, but note the Senate bill, requires 
     the State to create a strategy to encourage relationships 
     between charter schools and LEAs.
       SR
       61. The Senate bill and House amendment use slightly 
     different language to describe the subgrant process.
       LC
       62. The Senate bill specifically refers to ``charter 
     management organizations'' (CMOs), while the House amendment 
     refers to ``partner organizations.''
       SR
       63. The Senate bill and House amendment require 
     descriptions of quality controls, and include contracts or 
     performance agreements and inclusion of student achievement 
     performance as potential examples. The Senate bill 
     additionally includes financial audits and closure procedures 
     as examples, while the House amendment refers to revocation 
     and renewal procedures.
       SR with an amendment strike ``academic'' before 
     ``accountability system'' and add ``and impact on student 
     achievement (which may include student academic growth) after 
     ``system''
       64. The Senate bill, but not the House amendment, requires 
     a description of how autonomy and flexibility for charter 
     schools is consistent with the definition of a charter 
     school.
       HR
       65. The House amendment requires subgrant applicants to 
     solicit parental and community input. The Senate bill 
     includes parental/community involvement language in section 
     5103(f)(1)(C)(iii) (see note 59). See also Selection Criteria 
     for both Senate and House bills.
       SR
       66. The Senate bill and House amendment are similar, but 
     use slightly different wording. The Senate bill refers to 
     ``fiscal sustainability'' and the House amendment uses 
     ``financial sustainability''.
       SR
       67. The Senate bill requires applicants to describe 
     parental engagement activities. No specific requirement 
     exists in the House amendment.
       SR with an amendment to insert the following:
       (V) a description of how the eligible applicant will 
     support the use of effective parent, family, and community 
     engagement strategies to operate each charter school that 
     will receive funds under the State entity's program; and
       68. The Senate bill includes ``from eligible applicants'' 
     after applications.
       LC
       69. The House amendment refers to ``State entity,'' while 
     the Senate bill uses ``entity''.
       SR
       70. The Senate bill requires a description of how the State 
     entity will help ``address'' transportation needs, while the 
     House amendment uses ``consider''.
       HR/SR with an amendment to strike (F) and insert the 
     following:
       ``(F) a description of how the State entity will ensure 
     each charter school receiving funds under the State entity's 
     program have considered and planned for the transportation 
     needs of the schools' students; and''
       71. The Senate bill, but not the House amendment, requires 
     information about State open meetings and open records laws.
       HR
       72. The House amendment requires a description of how the 
     State entity will support diverse charter models. The Senate 
     bill includes no such provision.
       SR
       73. The House amendment requires ``a description of how 
     assurances will be met.'' The Senate bill requires an 
     assurance.
       HR
       74. The Senate bill, but not the House amendment, includes 
     ``autonomy in personnel decisions'' under autonomy of budget 
     and operations.
       HR
       75. The Senate bill and House amendment use different cross 
     references (but both refer to identical language).
       LC
       76. The House amendment refers to the ``State entity's 
     program'' while the Senate bill refers to the ``entity's'' 
     program.
       SR
       77. The Senate bill, but not the House amendment, requires 
     the State entity to hold authorizers accountable for ensuring 
     that charter schools meet federal compliance requirements.
       SR
       78. The Senate bill and House amendment requires States to 
     ensure authorizers will monitor recruitment and enrollment 
     processes. The Senate bill also includes monitoring of 
     ``retaining'' students and requires authorizes to provide 
     technical assistance. See 3103(2)(D) for similar technical 
     assistance in the House amendment.
       HR with an amendment to strike ``and provides adequate 
     technical assistance to''
       79. The House amendment, but not the Senate bill, requires 
     authorizers to have oversight of schools to ensure they 
     solicit parent and community input.
       HR
       80. The House amendment, but not the Senate bill, requires 
     that State entities provide adequate technical assistance to 
     eligible entities to meet program objectives.
       SR with an amendment to strike ``and (ix)'' after 
     ``(viii)'' and strike paragraph (ii)
       81. The House amendment requires States to provide 
     technical assistance for recruiting, enrolling, and retaining 
     ``underserved students'' at ``rates similar to public 
     schools,'' while the Senate bill does not make this 
     distinction. See sec. 5103(2)(C) for slightly similar 
     provisions.
       HR
       82. The Senate bill and House amendment requires promoting 
     quality authorizing, but the Senate bill clarifies this 
     action to be consistent with State law.
       HR
       83. The House amendment requires the inclusion of measures 
     as part of the annual assessment of performance data, as 
     appropriate, whereas the Senate bill lists measures as 
     examples.

[[Page H8600]]

       SR
       84. The House amendment, but not the Senate bill, requires 
     a description of how the State entity will work to ensure 
     that charter schools are included in decisionmaking.
       SR
       85. The Senate bill requires this info to be published on 
     the school website, and must include parent contract 
     requirements, financial obligations, and enrollment criteria.
       HR with an amendment to strike ``in the State'' and insert 
     ``, receiving funds under the State entity's program,''
       86. The House amendment, but not the Senate bill, clarifies 
     that annual performance data is not necessary if the results 
     would reveal personally identifiable information and includes 
     ``any other information the State requires all public schools 
     to be reported.''
       HR with amendment to insert at the end of (E) ``, except 
     that such disaggregation shall not be required in a case in 
     which the number of students in a group is insufficient to 
     yield statically reliable information or the results would 
     reveal personally identifiable information about an 
     individual student''
       87. The Senate bill and House amendment use slightly 
     different wording.
       SR
       88. The House amendment refers to ``the law'', while the 
     Senate refers to ``such law''.
       HR
       89. The Senate bill requires the Secretary to consider the 
     actual number of schools to be opened and students served, 
     whereas the House amendment uses the term ``ambitiousness'' 
     of the State entity's objectives for the program.
       SR
       90. The House amendment includes a selection criteria for 
     quality strategies that assess achievement of program 
     objectives.
       HR
       91. The Senate bill focuses on schools' progress toward 
     meeting the definition of a high-quality charter school, 
     whereas the House amendment focuses on meeting applicant 
     objectives.
       SR
       91a. The Senate bill and House amendment have different 
     language on the State entity's plan.
       SR
       92. Both the House amendment and the Senate bill require 
     State entities to monitor subgrantees, but the House 
     amendment uses the qualifier ``adequate'' to describe 
     monitoring practices.
       SR
       93. The House amendment, but not the Senate bill, requires 
     States to describe how they will avoid duplication of work.
       SR
       94. Both the House amendment and the Senate bill require 
     States to describe plans for technical assistance, but the 
     House amendment uses the qualifier ``adequate'' for technical 
     assistance.
       HR
       94a. The House amendment and the Senate bill have different 
     language in (I).
       LC
       95. The Senate bill and the House amendment use different 
     list structures.
       LC
       95a. The Senate bill and the House amendment have different 
     language regarding authorized public chartering agencies.
       SR
       95b. The Senate bill and the House amendment have different 
     language regarding appeals.
       HR
       96. The House amendment, but not the Senate bill, gives 
     priority to States without caps on charter schools.
       HR
       97. The Senate bill and the House amendment use slightly 
     different wording.
       SR
       98. The House amendment, but not the Senate bill, requires 
     a State entity to demonstrate that its State offers these 
     opportunities.
       HR
       99. The Senate bill, but not the House amendment, lists the 
     ability to share in bonds or mill levies.
       HR
       100. The House amendment, but not the Senate bill, gives 
     priority to States that partner with organizations that have 
     been successful in supporting statewide charter development.
       HR
       101. Both the House amendment and the Senate bill give 
     priority to States that support charter schools that engage 
     in dropout prevention activities, but the House amendment 
     adds comprehensive career counseling practices.
       SR
       102. The Senate bill gives priority to States that offer 
     charter schools a high degree of autonomy.
       SR
       103. The House amendment grants priority for States that 
     authorize all charter schools to serve as school food 
     authorities.
       HR
       104. The Senate bill uses ``may include'', whereas the 
     House amendment uses ``such as'' to describe allowable use of 
     funds.
       HR with an amendment to strike ``may'' and insert ``shall'' 
     and to insert ``one or more of the following activities--'' 
     after ``include''
       104a. The House amendment includes ``open and prepare to 
     operate''.
       HR with an amendment to strike ``carry out activities 
     related to opening a new charter school, replicating a high-
     quality charter school, or expanding a high-quality charter 
     school, which may include'' and insert ``support one or more 
     of the activities described in subsection (b)(1), which shall 
     include one or more of the following activities''
       105. The Senate bill allows charter schools to use funding 
     for ``acquisition, expansion, or preparation'' of a school 
     building, while the House amendment allows funding to be used 
     for necessary renovations and minor repairs.
       HR/SR with an amendment to strike paragraphs (1) through 
     (6) an insert the following:
       (1) preparing teachers, school leaders, and specialized 
     instructional support personnel, including through paying the 
     costs associated with--
       (A) providing professional development;
       (B) hiring and compensating, during the eligible 
     applicant's planning period specified in the application for 
     subgrant funds required under this section, one or more of 
     the following--
       (i) teachers,
       (ii) School leaders; or
       (iii) Specialized instructional support personnel;
       (2) Acquiring supplies, training, equipment, including 
     technology, and educational materials, including developing 
     and acquiring instructional materials;
       (3) Carrying out necessary renovations, including 
     renovations to ensure that a new school building complies 
     with applicable statutes and regulations, and minor 
     facilities repair (excluding construction).
       (4) Providing one-time, startup costs associated with 
     providing transportation to students to and from the charter 
     school;
       (5) community engagement activities, which may include the 
     cost of students and staff recruitment; or
       (6) Providing for other appropriate, non-sustained costs 
     related to planning, opening, and preparing to operate a new 
     charter school, replicating a high-quality charter school, or 
     expanding a high-quality charter school when such costs 
     cannot be met from other sources.
       106. The Senate bill allows funding to be used for hiring 
     teachers, while the House amendment allows funding to be used 
     for ``preparing'' teachers and school leaders. The Senate 
     bill refers to professional development in (4).
       See note 105.
       107. The Senate bill, but not the House amendment, allows 
     funding to be used to provide transportation.
       See note 105.
       108. Both the Senate bill and House amendment allow funding 
     to be used for instructional materials and supplies. The 
     Senate bill also allows funding to be used to hire additional 
     nonteaching staff.
       See note 105.
       109. The Senate bill, but not the House amendment, includes 
     a general use of funds allowance.
       See note 105.
       Report Language: ``Conferees intend for subgrantees to be 
     able to use funding to pay the costs associated with 
     professional development, which may include training for 
     charter school board members on how to fulfill their 
     oversight, management, and governance responsibilities and 
     effectively support charter schools.''
       110. The Senate bill allows funding to be used for early 
     childhood education programs, while the House amendment does 
     not.
       SR
       111. While the Senate bill and House amendment have 
     different grant period limits, reports under both bills are 
     required at the end of the third year, and two years 
     afterward (effectively).
       SR
       111a. The Senate bill and House amendment have different 
     language in (1).
       HR
       112. The House amendment, but not the Senate bill, requires 
     the State to report on how it met the State-determined 
     objectives outlined in the State's application.
       SR
       113. The Senate bill and House amendment contain similar 
     language. The Senate bill additionally requires States to 
     report on the amount of each subgrant awarded.
       HR
       114. The Senate bill and the House amendment contain 
     similar language, although the House amendment requires 
     States to report on their progress on all priorities, as 
     applicable, whereas the Senate bill only requires reporting 
     on some of those priorities.
       HR/SR
       114a. The Senate bill and the House amendment have 
     different language in Senate (B) and House (5).
       LC
       115. The Senate bill requires reporting on subgrantee use 
     of funds for early childhood programs, if applicable.
       SR
       116. The Senate bill and the House amendment have different 
     section numbers.
       LC
       117. The Senate bill requires the Secretary to award not 
     less than 3 grants. The House amendment does not contain a 
     grant number directive, but does require the Secretary to 
     consider the diversity of applications when awarding grants.
       HR
       118. The Senate bill, but not the House amendment, refers 
     to applicant as eligible entity.
       LC
       119. The House amendment, but not the Senate bill, includes 
     a reference to subsection (a).
       LC

[[Page H8601]]

  

       120. The Senate bill clarifies that predevelopment costs 
     qualify as costs related to construction of new facilities.
       SR
       121. The Senate bill and the House amendment contain 
     substantively identical language.
       SR
       122. The House amendment includes the applicable subsection 
     [(e)].
       LC
       123. The House amendment clarifies the applicable section 
     [(a)].
       LC
       124. The House amendment clarifies an exclusion for 
     subsection (k).
       SR
       125. The Senate bill clarifies an exclusion for subsection 
     (k), and the House amendment clarifies the applicable 
     subsection [(a)].
       SR
       126. The House amendment clarifies the applicable 
     subsection [(f)(1)].
       SR
       127. The House amendment, but not the Senate bill, 
     clarifies that GEPA applies to recovery of funds.
       LC
       128. The House amendment, but not the Senate bill, includes 
     a reference to U.S. Code.
       LC
       129. The Senate bill and House amendment are identical, but 
     use different section references.
       LC
       129a. The House amendment and Senate bill have different 
     language for supplement, not supplant language.
       SR
       130. The House amendment, but not the Senate bill, 
     clarifies an exception for clause [(ii)].
       HR
       131. The House amendment, but not the Senate bill, contains 
     provisions regarding States without per-pupil facilities aid 
     programs specified in State law.
       SR
       132. The Senate bill directs the Secretary to reserve not 
     less than 80 percent of funds for the CMO competition. The 
     House amendment reserves not less than 75 percent for a grant 
     competition to serve CMOs and applicants that did not apply/
     receive a grant under section 3103.
       HR with an amendment to strike ``less'' and insert ``more''
       133. The Senate bill reserves the remainder of funds 
     (essentially not more than 20%) for the remaining national 
     activities. The House amendment directs the Secretary to 
     reserve not more than 25% for the remaining national 
     activities.
       HR/SR with an amendment to insert the following:
       (a) In General.--From the amount reserved under section 
     4302(b)(2), the Secretary shall--
      (1) use not more than 80 percent of such funds to award 
     grants in accordance with subsection (b);
      (2) use not more than 9 percent of such funds to award 
     grants, on a competitive basis, to eligible applicants for 
     the purpose of carrying out the activities described in 
     section 4303(h) in--
      (A) a State that did not apply for a grant under section 
     4303; or
      (B) a State that did not receive a grant under section 4303; 
     and
       134. The Senate bill allows funding for national activities 
     to be used to award grants to eligible applicants in states 
     that did not receive a grant under section 5103. The House 
     amendment includes this program in the CMO competition.
       See note 133.
       135. The Senate bill authorizes grants for CMOs and 
     nonprofits to replicate and expand high-quality charter 
     school models, whereas the House amendment also authorizes 
     the grants for start-ups, and delineates allowable activities 
     as defined under the State grant competition.
       HR
       136. The Senate bill and the House amendment both define 
     eligible entities as CMOs, but the Senate bill also 
     encompasses nonprofits overseeing CMOs, and the House 
     amendment extends grants to eligible applicants in states 
     that did not receive a grant, and does not extend eligibility 
     to nonprofits.
       HR with amendment to strike subparagraph (A)
       137. The Senate bill outlines specific application 
     requirements for grants available under this subsection, 
     whereas the House amendment uses the same terms and 
     conditions required under section 3103.
       HR
       138. The House amendment also reserves 75 percent of the 
     subsection (b) grant competition for CMOs.
       HR
       139. The Senate bill and the House amendment selection 
     criteria for subsection (b) grants are similar, but not 
     identical.
       HR/SR with amendment to read as follows:
      (2) Application requirements.--An eligible entity desiring 
     to receive a grant under this subsection shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary may require. The application shall include 
     the following:
      (A) Existing charter school data.--For each charter school 
     currently operated or managed by the eligible entity--

      (i) student assessment results for all students and for each 
     category of students described in section 1111(b)(2)(B)(xi);
      (ii) attendance and student retention rates for the most 
     recently completed school year and, if applicable, the most 
     recent available 4-year adjusted cohort graduation rates and 
     extended-year adjusted cohort graduation rates (as such rates 
     were calculated on the day before enactment of the Every 
     Student Succeeds Act); and
      (iii) information on any significant compliance and 
     management issues encountered within the last 3 years by any 
     school operated or managed by the eligible entity, including 
     in the areas of student safety and finance.

      (B) Descriptions.--A description of--

      (i) the eligible entity's objectives for implementing a 
     high-quality charter school program with funding under this 
     subsection, including a description of the proposed number of 
     high-quality charter schools to be replicated or expanded 
     with funding under this subsection.
      (ii) the educational program that the eligible entity will 
     implement in the charter schools that the eligible entity 
     proposes to replicate or expand, including information on how 
     the program will enable all students to meet the challenging 
     State academic standards under section 1111(b)(1), the grade 
     levels or ages of students who will be served, and the 
     instructional practices that will be used.
      (iii) how the operation of the charter schools to be 
     replicated or expanded will be sustained after the grant 
     under this subsection has ended, which shall include a multi-
     year financial and operating model for the eligible entity.
      (iv) how the eligible entity will ensure schools that expand 
     or replicate using funding provided under this section will 
     recruit and enroll students, including children with 
     disabilities, English learners, and other educationally 
     disadvantaged students.
      (v) any request and justification for any waivers of Federal 
     statutory or regulatory requirements that the eligible entity 
     believes are necessary for the successful operation of the 
     charter schools to be replicated or expanded with funding 
     under this subsection.

      (C) Assurances.--An assurance that the eligible entity has 
     sufficient procedures in effect to ensure timely closure of 
     low-performing or financially mismanaged charter schools and 
     clear plans and procedures in effect for the students in such 
     schools to attend other high-quality schools; and
      (3) Selection criteria.--The Secretary shall select eligible 
     entities to receive grants under this subsection, on the 
     basis of the quality of the applications submitted under 
     paragraph (2), after taking into consideration such factors 
     as--
      (A) the degree to which the eligible entity has demonstrated 
     success in increasing academic achievement for all students 
     and for each of the [subgroup] of students defined in section 
     1111(b)(3)(A) attending the charter schools the eligible 
     entity operates or manages;
      (B) a determination that the eligible entity has not 
     operated or managed a significant proportion of charter 
     schools that--

      (i) have been closed;
      (ii) have had a school charter revoked due to problems with 
     statutory or regulatory compliance; or
      (iii) have had the school's affiliation with the eligible 
     entity revoked or removed, including through voluntary 
     disaffiliation; and

      (C) a determination that the eligible entity has not 
     experienced significant problems with statutory or regulatory 
     compliance that could lead to the revocation of a school's 
     charter; and
      (4) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to eligible entities that--
      (A) plan to operate or manage high-quality charter schools 
     with racially and socioeconomically diverse student bodies;
      (B) demonstrate success in working with schools identified 
     for improvement by the State;
      (C) propose to replicate high-quality charter school that 
     are secondary schools or expand high-quality charter school 
     models to serve secondary school students; or
      (D) propose to operate or manage high-quality charter 
     schools that focus on dropout recovery and academic reentry.
       140. The Senate bill and House amendment allow grants to be 
     made on the basis of the quality of the application 
     submitted. The Senate bill provides more detail on the 
     application requirements under (2). See note 137.
       See note 139.
       141. The Senate bill includes selection criteria for 
     demonstrated success in student achievement for all students.
       See note 139.
       142. The House amendment includes selection criteria for 
     the number of network schools that meet the definition of a 
     high-quality charter school.
       See note 139.
       143. Both the Senate bill and House amendment require 
     considering the demonstrated success in serving educationally 
     disadvantaged students, and the Senate bill extends this 
     provision to each of the categories of students and includes 
     a cross-reference.
       See note 139.
       144. The House amendment, but not the Senate bill, requires 
     the Secretary consider whether the applicant has school 
     closure procedures.
       See note 139.
       145. The Senate bill, but not the House amendment, requires 
     the Secretary to consider the applicant's financial and 
     operational model.
       See note 139.

[[Page H8602]]

  

       146. The Senate bill and House amendment require the 
     Secretary to take into account whether the applicant has 
     managed unsuccessful charter schools, but use different 
     wording to describe such charter schools.
       See note 139.
       147. The Senate bill, but not the House amendment, requires 
     a determination regarding statutory or regulatory compliance.
       See note 139.
       148. The House amendment, but not the Senate bill, requires 
     the Secretary to consider the applicant's demonstrated 
     success working with schools identified for improvement.
       See note 139.
       149. The Senate bill, but not the House amendment, 
     prioritizes applicants serving high numbers of disadvantaged 
     students.
       See note 139.
       150. The Senate bill and House amendment use different 
     cross-references.
       LC
       151. The House amendment, but not the Senate bill, includes 
     the manner in which the Secretary may award grants.
       HR
       152. The Senate bill, but not the House amendment, adds new 
     subsection (c) to explain how Title I, Part A funding should 
     be calculated for a new or significantly expanding charter 
     schools.
       HR
       153. The Senate bill amends the definition of a charter 
     school, while the House amendment moves the definition of a 
     charter school to Title VI.
       HR
       154. The Senate bill includes the term ``operates or 
     manages multiple'' while the House amendment includes 
     ``manages a network of'' in the definition of charter 
     management organization.
       SR with an amendment to add ``operates or'' after 
     ``organization that''
       155. The Senate bill specifies a minimum threshold of 50 
     percent or adding 2 or more grades for determining whether a 
     high-quality charter school has expanded. The House amendment 
     uses the term ``significantly'' increased and specifies 
     adding 1 or more grades.
       SR
       156. The House amendment does not contain the qualifier 
     ``student''.
       HR
       157. The House amendment includes cross reference to Title 
     I requirements.
       HR
       158. The Senate bill and House amendment use different 
     cross-references.
       HR with an amendment to strike ``categories of students, as 
     defined in section 1111(b)(3)(A)'' and insert ``subgroups of 
     students, as defined in section 1111(c)(2)''
       159. The Senate bill, but not the House amendment, includes 
     a requirement that replicated charter schools must be 
     operated or managed by the same nonprofit organization.
       SR
       160. The Senate bill authorizes ``such sums'' annually 
     through 2021, while the House amendment authorizes $300 
     million annually through 2019.
       HR/SR with an amendment to read as follows:

     SEC. 5111. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out the 
     activities of this part, $270,000,000 for fiscal year 2017, 
     $270,000,000 for fiscal year 2018, $300,000,000 for fiscal 
     year 2019, $300,000,000 for fiscal year 2020.
                         TITLE V--MAGNETS NOTES
       1. The Senate bill redesignates Part C as Part B of Title V 
     and redesignates sections accordingly throughout, while the 
     House amendment redesignates Part C as subpart 2 of Title 
     III.
       HR/SR with amendment to redesignate as part D of Title IV
       2. The Senate bill includes the findings in current law, 
     while the House amendment strikes such findings.
       HR with amendment to strike ``2,000,000'' and insert 
     ``2,500,000'' and strike ``65'' and insert ``69''
       3. The Senate bill, but not the House amendment, adds 
     socioeconomic integration to this purpose in paragraph (1).
       SR
       4. The Senate bill, but not the House amendment, adds 
     ``expansion'' in addition to development and implementation.
       HR
       5. The Senate bill refers to ``challenging'' standards, and 
     references standards under Title I.
       HR
       6. The Senate bill, but not the House amendment, adds 
     ``expansion'' in addition to development and design.
       HR
       7. The Senate uses the phrase ``enter the workforce without 
     the need for postsecondary education'' while the House 
     amendment refers to ``postsecondary education or 
     employment''.
       SR
       8. The Senate bill, but not the House amendment, inserts 
     language about ethnic and socioeconomic backgrounds.
       SR
       9. The House amendment, but not the Senate bill, refers to 
     authorized appropriations for the program.
       HR
       10. The Senate bill, but not the House amendment, adds a 
     requirement to submit any available evidence of increasing 
     integration.
       HR with an amendment to insert ``or if such evidence is no 
     available, a rationale, based on current research, for'' 
     before ``how the proposed magnet school''
       11. The Senate bill, but not the House amendment, adds a 
     requirement to submit evidence to support this description.
       SR with an amendment to insert ``including any evidence, or 
     if such evidence is not available, a rationale based on 
     current research findings, to support such description.'' at 
     the end of (B)
       12. The Senate bill, but not the House amendment, adds a 
     description of how the applicant will monitor the impact of 
     funded activities.
       HR
       13. The Senate bill makes a technical edit.
       LC
       14. The Senate bill and House amendment make similar 
     modifications referring to ``effective'' rather than ``highly 
     qualified'' teachers.
       LC
       15. The Senate bill expands anti-discrimination 
     requirements to cover current actions.
       SR
       16. The Senate bill makes a technical edit.
       LC
       17. The Senate bill makes a technical edit.
       LC
       18. The Senate bill adds evidence-based priorities for 
     creating new, or revising, and expanding magnet school 
     programs.
       HR/SR with an amendment to insert the following:
       (2) propose to--
       (A) carry out a new, evidence-based magnet school program;
       (B) significantly revise an existing magnet school program, 
     using evidence-based methods and practices, as available; or
       (C) expand or replicate an existing magnet school program 
     that has a demonstrated record of success in increasing 
     student academic achievement, and reducing isolation of 
     minority groups
       (3) propose to select students to attend magnet school 
     programs by methods such as lottery, rather than through 
     academic examination; and
       (4) propose to increaseracial integration by taking into 
     account socioeconomic diversityin designing and implementing 
     magnet school programs
       19. The Senate bill makes a technical edit.
       HR
       20. The Senate bill, but not the House amendment, adds an 
     additional use of funds to establish, expand, or strengthen 
     inter-district magnet programs.
       HR with an amendment to insert the following after 
     paragraph (8):
       (9) to provide transportation to and from the magnet 
     school, provided that such transportation is sustainable 
     beyond the grant period.
       21. The Senate bill and the House amendment contain similar 
     language, but the House amendment lists out specific academic 
     courses, whereas the Senate bill refers to academic, career, 
     or technological skills and professional skills.
       SR
       22. The Senate bill refers to ``challenging'' standards, 
     and references standards under Title I.
       HR
       23. The Senate bill, but not the House amendment, provides 
     for a possible two year grant renewal.
       SR with an amendment to strike ``3'' and insert ``5'' in 
     (a) and strike (c) and insert the follwoing:
       (c) Amount.--No grant awarded under this part to a local 
     educational agency, or consortium of such agencies, shall be 
     for more than $15,000,000 for the grant period referred to in 
     subsection (a)
       24. The Senate bill, but not the House amendment, changes 
     the award month to June.
       HR
       25. The House amendment redesignates section 5310 as 
     section 3127, while the Senate bill strikes this evaluation 
     in entirety.
       HR
       26. The Senate bill authorizes the program at such sums as 
     may be necessary. The House amendment moves this provision to 
     Section 3 and authorizes funding at $91,600,000.
       HR with amendment to strike ``such sums as may be necessary 
     for each of fiscal years 2016 through 2021'' and insert 
     ``$94,000,000 for fiscal year 2017, $96,820,000 for fiscal 
     year 2018, $102,387,150 for fiscal year 2019, $108,530,379 
     for fiscal year 2020''
       27. The Senate bill, but not the House amendment, adds an 
     allowable reservation for technical assistance.
       HR with an amendment to strike ``carry out dissemination 
     projects'' and insert ``share best practices''
       28. The House amendment and Senate bill refer to different 
     cross references for authorized appropriations for the 
     program.
       HR
                       TITLE V PART C-L--PROGRAMS
       1. The Senate bill, but not the House amendment, authorizes 
     the Supporting High-Ability Learners and Learning program.
       HR with an amendment to insert the following as a new Title 
     IV Part [F]:

     SEC. 4XXX. SUPPORTING HIGH-ABILITY LEARNERS AND LEARNING.

       [(a) Purpose.--The purpose of this section is to promote a 
     coordinated program, to be known as the `Jacob K. Javits 
     Gifted and Talented Students Education Program', of evidence-
     based research, demonstration

[[Page H8603]]

     projects, innovative strategies, and similar activities 
     designed to build and enhance the ability of elementary 
     schools and secondary schools nationwide to identify gifted 
     and talented students and meet their special educational 
     needs.]
       (b) Program Authorized.--
       (1) In general.--The Secretary (after consultation with 
     experts in the field of the education of gifted and talented 
     students) shall make awards to, or enter into contracts with, 
     State educational agencies, local educational agencies, the 
     Bureau of Indian Education, institutions of higher education, 
     other public agencies, and other private agencies and 
     organizations to assist such agencies, institutions, or 
     organizations, or the Bureau, in carrying out programs or 
     projects to fulfill the purpose described in section 
     4641(a)(3), including the training of personnel in the 
     identification and education of gifted and talented students 
     and in the use, where appropriate, of gifted and talented 
     services, materials, and methods for all students.
       (2) Application.--Each entity seeking assistance under this 
     section shall submit an application to the Secretary at such 
     time and in such manner as the Secretary may reasonably 
     require. Each application shall describe how--
       (A) the proposed identification methods, as well as gifted 
     and talented services, materials, and methods, can be 
     adapted, if appropriate, for use by all students; and
       (B) the proposed programs can be evaluated.
       (c) Uses of Funds.--Programs and projects assisted under 
     this section may include each of the following:
       (1) Conducting evidence-based research on methods and 
     techniques for identifying and teaching gifted and talented 
     students and for using gifted and talented programs and 
     methods to identify and provide the opportunity for all 
     students to be served, particularly low-income and at-risk 
     students.
       (2) Establishing and operating programs and projects for 
     identifying and serving gifted and talented students, 
     including innovative methods and strategies for identifying 
     and educating students who may not be served by traditional 
     gifted and talented programs (such as summer programs, 
     mentoring programs, peer tutoring programs, service learning 
     programs, and cooperative learning programs involving 
     business, industry, and education).
       (3) Providing technical assistance and disseminating 
     information, which may include how gifted and talented 
     programs and methods may be adapted for use by all students, 
     particularly low-income and at-risk students.
       (d) Center for Research and Development.--
       (1) In general.--The Secretary (after consultation with 
     experts in the field of the education of gifted and talented 
     students) may establish a National Research Center for the 
     Education of Gifted and Talented Children and Youth through 
     grants to, or contracts with, one or more institutions of 
     higher education or State educational agencies, or a 
     combination or consortium of such institutions and agencies 
     and other public or private agencies and organizations, for 
     the purpose of carrying out activities described in 
     subsection (c).
       (2) Director.--The National Center shall be headed by a 
     Director. The Secretary may authorize the Director to carry 
     out such functions of the National Center as may be agreed 
     upon through arrangements with institutions of higher 
     education, State educational agencies, local educational 
     agencies, or other public or private agencies and 
     organizations.
       (e) Coordination.--Evidence-based activities supported 
     under this section--
       (1) shall be carried out in consultation with the Institute 
     of Education Sciences to ensure that such activities are 
     coordinated with and enhance the research and development 
     activities supported by the Institute; and
       (2) may include collaborative evidence-based activities 
     which are jointly funded and carried out with such Institute.
       (f) General Priority.--In carrying out this section, the 
     Secretary shall give highest priority to programs and 
     projects designed to--
       (1) develop new information that--
       (A) improves the capability of schools to plan, conduct, 
     and improve programs to identify and serve gifted and 
     talented students; or
       (B) assists schools in the identification of, and provision 
     of services to, gifted and talented students (including 
     economically disadvantaged individuals, individuals who are 
     English learners, and children with disabilities) who may not 
     be identified and served through traditional assessment 
     methods; or
       (2) implement evidence-based activities, defined in this 
     section as activities that meet the requirements of [section 
     8101(23)(A)(i).]
       (g) Participation of Private School Children and 
     Teachers.--In making grants and entering into contracts under 
     this section, the Secretary shall ensure, where appropriate, 
     that provision is made for the equitable participation of 
     students and teachers in private nonprofit elementary schools 
     and secondary schools, including the participation of 
     teachers and other personnel in professional development 
     programs serving such students.
       (h) Review, Dissemination, and Evaluation.--The Secretary 
     shall--
       (1) use a peer-review process in reviewing applications 
     under this section;
       (2) ensure that information on the activities and results 
     of programs and projects funded under this section is 
     disseminated to appropriate State educational agencies, local 
     educational agencies, and other appropriate organizations, 
     including nonprofit private organizations; and
       (3) evaluate the effectiveness of programs under this 
     section in accordance with section 8601, in terms of the 
     impact on students traditionally served in separate gifted 
     and talented programs and on other students, and submit the 
     results of such evaluation to Congress not later than 2 years 
     after the date of enactment of the Every Student Succeeds 
     Act.
       (i) Program Operations.--The Secretary shall ensure that 
     the programs under this section are administered within the 
     Department by a person who has recognized professional 
     qualifications and experience in the field of the education 
     of gifted and talented students and who shall--
       (1) administer and coordinate the programs authorized under 
     this section;
       (2) serve as a focal point of national leadership and 
     information on the educational needs of gifted and talented 
     students and the availability of educational services and 
     programs designed to meet such needs;
       (3) assist the Director of the Institute of Education 
     Sciences in identifying research priorities that reflect the 
     needs of gifted and talented students; and
       (4) disseminate, and consult on, the information developed 
     under this section with other offices within the 
     Department.''
       2. The Senate bill, but not the House amendment, authorizes 
     the Education Innovation and Research program. See note 78.
       HR with an amendment to insert the following as a new Title 
     IV Part [F]:

     SEC. 4611. GRANTS FOR EDUCATION INNOVATION AND RESEARCH.

       (a) Program Authorized.--
       (1) In general.--From funds reserved under section 
     4601(b)(2)(A), the Secretary shall make grants to eligible 
     entities to enable the eligible entities to--
       (A) develop, implement, replicate, or scale 
     entrepreneurial, evidence-based, field-initiated innovations 
     to improve student achievement and attainment for high-need 
     students; and
       (B) rigorously evaluate such innovations.
       (2) Description of grants.--The grants described in 
     paragraph (1) shall include--
       (A) early-phase grants to fund the development, 
     implementation, and feasibility testing of a program, which 
     prior research suggests has promise, for the purpose of 
     determining whether the program can successfully improve 
     student achievement or attainment for high-need students;
       (B) mid-phase grants to fund implementation and a rigorous 
     evaluation of a program that has been successfully 
     implemented under an early-phase grant described in 
     subparagraph (A) or other effort meeting similar criteria, 
     for the purpose of measuring the program's impact and cost 
     effectiveness, if possible using existing administrative 
     data; and
       (C) expansion grants to fund implementation and a rigorous 
     replication evaluation of a program that has been found to 
     produce sizable, important impacts under a mid-phase grant 
     described in subparagraph (B) or other effort meeting similar 
     criteria, for the purposes of--
       (i) determining whether such impacts can be successfully 
     reproduced and sustained over time; and
       (ii) identifying the conditions in which the program is 
     most effective.
       (b) Eligible Entity.--In this subpart, the term `eligible 
     entity' means any of the following:
       (1) A local educational agency.
       (2) A State educational agency.
       (3) The Bureau of Indian Education.
       (4) A consortium of State educational agencies or local 
     educational agencies.
       (5) A State educational agency, a local educational agency, 
     or the Bureau of Indian Education, in partnership with--
       (A) a nonprofit organization;
       (B) a business;
       (C) an educational service agency; or
       (D) an institution of higher education.
       (c) Rural Areas.--In awarding grants under subsection (a), 
     the Secretary shall ensure that not less than 25 percent of 
     the funds made available for any fiscal year are awarded for 
     programs that meet both of the following requirements:
       (1) The grantee is--
       (A) a local educational agency with an urban-centric 
     district locale code of 32, 33, 41, 42, or 43, as determined 
     by the Secretary;
       (B) a consortium of such local educational agencies; or
       (C) an educational service agency or a nonprofit 
     organization in partnership with such a local educational 
     agency.
       (2) A majority of the schools to be served by the program 
     are designated with a school locale code of 32, 33, 41, 42, 
     or 43, or a combination of such codes, as determined by the 
     Secretary.
       (d) Matching Funds.--In order to receive a grant under 
     subsection (a), an eligible entity shall demonstrate that the 
     eligible entity will provide matching funds in an amount 
     equal to 10 percent of the funds provided under such grant, 
     except that the Secretary may waive the matching funds 
     requirement, on a case-by-case basis, upon a showing of 
     exceptional circumstances, such as--
       (1) the difficulty of raising matching funds for a program 
     to serve a rural area;

[[Page H8604]]

       (2) the difficulty of raising matching funds in areas with 
     a concentration of local educational agencies or schools with 
     a high percentage of students aged 5 through 17--
       (A) who are in poverty, as counted in the most recent 
     census data approved by the Secretary;
       (B) who are eligible for a free or reduced price lunch 
     under the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1751 et seq.);
       (C) whose families receive assistance under the State 
     program funded under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.); or
       (D) who are eligible to receive medical assistance under 
     the Medicaid program; and
       (3) the difficulty of raising funds in designated tribal 
     areas.
       (e) Evaluation.--Each recipient of a grant under this 
     section shall conduct an independent evaluation of the 
     effectiveness of the program carried out with a grant under 
     this section carried out under subsection (a)(1).
       (f) Technical Assistance.--The Secretary may reserve not 
     more than 5 percent of the funds appropriated under section 
     4601(b)(2)(A) for each fiscal year to provide technical 
     assistance for eligibility entities, which may include pre-
     application workshops and web-based seminars, and to 
     disseminate best practices.
       3. The Senate bill, but not the House amendment, authorizes 
     the Accelerated Learning program. See note 78.
       SR
       4. The Senate bill, but not the House amendment, authorizes 
     the Ready-to-Learn program. See note 78.
       HR with an amendment to insert the following as a new Title 
     IV Part [F]:

     SEC. 4XXX. READY TO LEARN PROGRAMMING.

       (a) Awards To Promote School Readiness Through Ready To 
     Learn Programming.--
       (1) In general.--Awards made to eligible entities described 
     in paragraph (3) to fulfill the purpose described in section 
     4641(a)(2) shall--
       [(A) be known as `Ready to Learn Programming awards'; and]
       (B) be used to--
       (i) develop, produce, and distribute educational and 
     instructional video programming for preschool and elementary 
     school children and their parents in order to facilitate 
     student academic achievement;
       (ii) facilitate the development, directly or through 
     contracts with producers of children's and family educational 
     television programming, of educational programming for 
     preschool and elementary school children, and the 
     accompanying support materials and services that promote the 
     effective use of such programming;
       (iii) facilitate the development of programming and digital 
     content containing Ready-to-Learn-based children's 
     programming and resources for parents and caregivers that is 
     specially designed for nationwide distribution over public 
     television stations' digital broadcasting channels and the 
     Internet;
       (iv) contract with entities (such as public 
     telecommunications entities) so that programming developed 
     under this section are disseminated and distributed to the 
     widest possible audience appropriate to be served by the 
     programming, and through the use of the most appropriate 
     distribution technologies; and
       (v) develop and disseminate education and training 
     materials, including interactive programs and programs 
     adaptable to distance learning technologies, that are 
     designed--

       (I) to promote school readiness; and
       (II) to promote the effective use of materials developed 
     under clauses (ii) and (iii) among parents, teachers, Head 
     Start providers, providers of family literacy services, child 
     care providers, early childhood development personnel, 
     elementary school teachers, public libraries, and after-
     school program personnel caring for preschool and elementary 
     school children.

       (2) Availability.--In awarding or entering into grants, 
     contracts, or cooperative agreements under this section, the 
     Secretary shall ensure that eligible entities described in 
     paragraph (3) make programming widely available, with support 
     materials as appropriate, to young children, parents, child 
     care workers, Head Start providers, and providers of family 
     literacy services to increase the effective use of such 
     programming.
       (3) Eligible entities.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this section, an 
     entity shall be a public telecommunications entity that is 
     able to demonstrate each of the following:
       (A) A capacity for the development and national 
     distribution of educational and instructional television 
     programming of high quality that is accessible by a large 
     majority of disadvantaged preschool and elementary school 
     children.
       (B) A capacity to contract with the producers of children's 
     television programming for the purpose of developing 
     educational television programming of high quality.
       (C) A capacity, consistent with the entity's mission and 
     nonprofit nature, to negotiate such contracts in a manner 
     that returns to the entity an appropriate share of any 
     ancillary income from sales of any program-related products.
       (D) A capacity to localize programming and materials to 
     meet specific State and local needs and to provide 
     educational outreach at the local level.
       (4) Coordination of activities.--An entity receiving a 
     grant, contract, or cooperative agreement under this section 
     shall consult with the Secretary and the Secretary of Health 
     and Human Services--
       (A) to maximize the utilization of quality educational 
     programming by preschool and elementary school children, and 
     make such programming widely available to Federally funded 
     programs serving such populations; and
       (B) to coordinate activities with Federal programs that 
     have major training components for early childhood 
     development, including programs under the Head Start Act (42 
     U.S.C. 9831 et seq.) and State training activities funded 
     under the Child Care and Development Block Grant Act of 1990 
     (42 U.S.C. 9858 et seq.), regarding the availability and 
     utilization of materials developed under paragraph (1)(B)(v) 
     to enhance parent and child care provider skills in early 
     childhood development and education.
       (b) Applications.--To be eligible to receive a grant, 
     contract, or cooperative agreement under subsection (a), an 
     entity shall submit to the Secretary an application at such 
     time and in such manner as the Secretary may reasonably 
     require. The application shall include--
       (1) a description of the activities to be carried out under 
     this section;
       (2) a list of the types of entities with which such entity 
     will enter into contracts under subsection (a)(1)(B)(iv);
       (3) a description of the activities the entity will 
     undertake widely to disseminate the content developed under 
     this section; and
       (4) a description of how the entity will comply with 
     subsection (a)(2).
       (c) Reports and Evaluations.--
       (1) Annual report to secretary.--An entity receiving a 
     grant, contract, or cooperative agreement under this section 
     shall prepare and submit to the Secretary an annual 
     report.The report shall describe the program activities 
     undertaken with funds received under the grant, contract, or 
     cooperative agreement, including each of the following:
       (A) The programming that has been developed, directly or 
     indirectly, by the eligible entity, and the target population 
     of the programming.
       (B) The support and training materials that have been 
     developed to accompany the programming, and the method by 
     which the materials are distributed to consumers and users of 
     the programming.
       (C) The means by which programming developed under this 
     section has been distributed, including the distance learning 
     technologies that have been utilized to make programming 
     available, and the geographic distribution achieved through 
     such technologies.
       (D) The initiatives undertaken by the entity to develop 
     public-private partnerships to secure non-Federal support for 
     the development, distribution, and broadcast of educational 
     and instructional programming.
       (2) Report to congress.--The Secretary shall prepare and 
     submit to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Education and the 
     Workforce of the House of Representatives a biannual report 
     that includes the following:
       (A) A summary of the activities assisted under subsection 
     (a).
       (B) A description of the education and training materials 
     made available under subsection (a)(1)(B)(v), the manner in 
     which outreach has been conducted to inform parents and child 
     care providers of the availability of such materials, and the 
     manner in which such materials have been distributed in 
     accordance with such subsection.
       (d) Administrative Costs.--An entity that receives a grant, 
     contract, or cooperative agreement under this section may use 
     up to 5 percent of the amount received under the grant, 
     contract, or agreement for the normal and customary expenses 
     of administering the grant, contract, or agreement.
       (e) Funding Rule.--Not less than 60 percent [of the amount 
     used by the Secretary to carry out this section] for each 
     fiscal year shall be used to carry out activities under 
     clauses (ii) through (iv) of of subsection (a)(1)(B).
       5. The Senate bill and House amendment have different names 
     for these programs.
       HR/SR with an amendment to strike.
       6. The Senate bill, but not the House amendment, enumerates 
     specific purposes for this program.
       HR/SR with an amendment to strike.
       7. The House amendment, but not the Senate bill, includes 
     findings.
       HR/SR with an amendment to strike.
       8. The Senate bill, but not the House amendment, defines 
     ``digital learning''.
       HR/SR with an amendment to strike.
       9. The House amendment, but not the Senate bill, defines 
     the term ``eligible partnership''.
       HR/SR with an amendment to strike.
       10. The Senate bill, but not the House amendment, defines 
     the term ``eligible technology''.
       HR/SR with an amendment to strike.
       11. The House amendment, but not the Senate bill, defines 
     the term ``school partner''.
       HR/SR with an amendment to strike.
       12. The House amendment, but not the Senate bill, defines 
     the term ``digital learning partner''.
       HR/SR with an amendment to strike.
       13. The Senate bill, but not the House amendment, defines 
     the term ``technology readiness survey''.
       HR/SR with an amendment to strike.
       14. The House amendment, but not the Senate bill, defines 
     the term ``evaluation partner''.

[[Page H8605]]

       HR/SR with an amendment to strike.
       15. The Senate bill, but not the House amendment, defines 
     the term ``universal design for learning''.
       HR/SR with an amendment to strike.
       16. The House amendment, but not the Senate bill, defines 
     the term ``institution of higher education''.
       HR/SR with an amendment to strike.
       17. The House amendment, but not the Senate bill, defines 
     the term ``local educational agency''.
       HR/SR with an amendment to strike.
       18. The House amendment, but not the Senate bill, defines 
     the term ``Secretary''.
       HR/SR with an amendment to strike.
       19. The Senate bill, but not the House amendment, contains 
     restrictions concerning the E-Rate program.
       HR/SR with an amendment to strike.
       20. The Senate bill authorizes grants to States for the 
     purposes of subgranting on a competitive or formula basis 
     depending on appropriated levels. The House amendment 
     authorizes a competitive grant program directly to eligible 
     partnerships.
       HR/SR with an amendment to strike.
       21. The Senate bill, but not the House amendment, specifies 
     grant reservations.
       HR/SR with an amendment to strike.
       22. The House amendment sets grant period parameters 
     between 3-5 years. The Senate bill is silent on grant period 
     descriptions--both for grants and subgrants--but requires the 
     Secretary to make grants for each fiscal year.
       HR/SR with an amendment to strike.
       23. The House amendment names the school as the fiscal 
     agent. The Senate bill directs grants to State educational 
     agencies.
       HR/SR with an amendment to strike.
       24. The Senate bill, but not the House amendment, defines 
     minimum allotment requirements to States.
       HR/SR with an amendment to strike.
       25. The Senate bill, but not the House amendment, defines 
     reallotment requirements.
       HR/SR with an amendment to strike.
       26. The Senate bill, but not the House amendment, requires 
     a State match of funding from non-federal sources.
       HR/SR with an amendment to strike.
       27. The Senate bill, but not the House amendment, allows 
     for an exception to the State match requirement.
       HR/SR with an amendment to strike.
       28. The Senate bill and House amendment have different 
     lead-ins to the application contents.
       HR/SR with an amendment to strike.
       29. The Senate bill, but not the House amendment, requires 
     a description on promoting college and career readiness, 
     including with isolated populations.
       SR
       30. The Senate bill, but not the House amendment, requires 
     a description on professional development on personalized 
     learning and open educational resources.
       SR
       31. The Senate bill, but not the House amendment, requires 
     a description on building infrastructure.
       SR
       32. The Senate bill, but not the House amendment, requires 
     an assurance that each local educational agency will conduct 
     a technology readiness survey.
       SR
       33. The Senate bill, but not the House amendment, requires 
     an assurance on interoperable technology systems.
       SR
       34. The Senate bill, but not the House amendment, requires 
     an assurance on making content widely available.
       SR
       35. The Senate bill, but not the House amendment, requires 
     a description on how the state will award subgrants.
       SR
       36. The Senate bill, but not the House amendment, requires 
     a description on how the state will evaluate program impact.
       SR
       37. The Senate bill, but not the House amendment, requires 
     an assurance on consultation with local educational agencies.
       SR
       38. The Senate bill, but not the House amendment, requires 
     an assurance on matching funds.
       SR
       39. The Senate bill, but not the House amendment, requires 
     an assurance on privacy.
       SR
       40. The Senate bill, but not the House amendment, requires 
     an assurance that funding will supplement, not supplant 
     Federal, State, or local funds.
       SR
       41. The House amendment, but not the Senate bill, requires 
     a description of the eligible partnership.
       SR
       42. The House amendment, but not the Senate bill, requires 
     a description on technology-based learning.
       SR
       43. The House amendment, but not the Senate bill, requires 
     an assurance on relevant teacher licensure requirements.
       SR
       44. The House amendment, but not the Senate bill, requires 
     an assurance on student access to equipment.
       HR
       45. The House amendment, but not the Senate bill, requires 
     an assurance on parental consent.
       HR
       46. The House amendment, but not the Senate bill, requires 
     a description about the need, quality, and strength of 
     partnership experience, and quality of evaluation.
       HR
       47. The House amendment, but not the Senate bill, requires 
     a description on how the evaluation complies with IES 
     evaluation design.
       HR
       48. The House amendment, but not the Senate bill, requires 
     a description on the program evaluation design that meets the 
     parameters required under this part. See note 71.
       HR
       49. The House amendment, but not the Senate bill, requires 
     a description on the number of students receiving benefits.
       HR
       50. The House amendment gives the Secretary discretion to 
     add to the program application.
       HR/SR with an amendment to strike.
       51. The House amendment, but not the Senate bill, requires 
     a peer review process for reviewing applications.
       HR
       52. The House amendment requires the Secretary to enforce 
     grant diversity. The Senate bill contains no similar 
     provision in requirements for subgrants.
       HR
       53. The House amendment, but not the Senate bill, contains 
     Selection Criteria.
       HR
       54. The House amendment requires dedicated funding for 
     rural schools. The Senate bill does not contain a rural set-
     aside, but does prioritize schools serving rural areas. See 
     sec. 5706 (a)(2) on Senate priorities for subgrantees.
       HR/SR with an amendment to strike.
       55. The Senate bill defines specific uses of funds for 
     States. The House amendment does not contain any similar 
     provisions.
       SR
       56. The Senate bill allows State grantees to reserve 10 
     percent of grant funds for statewide activities. The House 
     amendment does not contain any similar provisions.
       SR
       57. The Senate bill defines specific uses of funds for 
     State grantees. The House amendment does not contain any 
     similar provisions.
       SR
       58. The Senate bill, but not the House amendment, contains 
     parameters around State purchasing consortia.
       SR
       59. The Senate bill, but not the House amendment, requires 
     competitive or formula subgrants depending on appropriations.
       SR
       60. The Senate bill details requirements on the subgrant 
     application. The House amendment does not contain a subgrant 
     competition. See section 905 for information on the House 
     amendment grant application.
       HR/SR with an amendment to strike.
       61. The Senate bill prescribes local uses of funds for 
     subgrantees. The House amendment prescribes uses for funds 
     for eligible partnerships.
       HR/SR with an amendment to strike.
       62. The Senate bill requires not less than 25 percent of 
     funds to be used for technology infrastructure. The House 
     amendment uses different wording, includes examples, and does 
     not specify a percentage for infrastructure.
       HR/SR with an amendment to strike.
       63. The Senate bill, but not the House amendment, allows a 
     State to modify the percentage of funds for technology 
     infrastructure.
       SR
       64. The Senate bill, but not the House amendment, allows 
     local educational agencies to form purchasing consortium.
       SR
       65. The Senate bill allows funding to be used for blended 
     learning projects. The House amendment contains no similar 
     provision but includes blended learning language in the Local 
     Academic Flexible grant.
       HR/SR with an amendment to strike.
       66. The House amendment, but not the Senate bill, includes 
     examples of practices and strategies to be used to inform 
     instruction.
       HR
       67. The House amendment, but not the Senate bill, requires 
     funds to be used for students with specific educational 
     needs.
       HR
       68. The House amendment, but not the Senate bill, includes 
     examples of tools, courses, and strategies to help students 
     develop 21st Century skills.
       HR
       69. The House amendment, but not the Senate bill, includes 
     examples of online courses.
       HR
       70. The Senate bill, but not the House amendment, requires 
     a report submitted to the Secretary on the status of the 
     State's plan, the type of technology acquired, and the 
     activities funded under this section. See note 71 on the 
     report on the evaluation.
       SR
       71. The House amendment requires partnerships to complete 
     an independent evaluation of the grant activities. The Senate 
     bill does not require such an evaluation, although the bill 
     does require a report to the Secretary on grant activities.
       HR
       72. The Senate bill authorizes the program at such sums. 
     The House amendment does not include an authorization.
       HR/SR with an amendment to strike.
       73. The Senate bill, but not the House amendment, 
     authorizes the Literacy and Arts Education program. See note 
     78.

[[Page H8606]]

       HR with an amendment to insert the following as a new Title 
     IV Part [F]:

     ``SEC. 4642. ASSISTANCE FOR ARTS EDUCATION.

       (a) Awards To Provide Assistance for Arts Education.--
       (1) In general.--Awards made to eligible entities to 
     fulfill the purpose described in section 4641(a)(1), shall be 
     used for a program (to be known as the `Assistance for Arts 
     Education program') to promote arts education for 
     disadvantaged students and students who are children with 
     disabilities, through activities such as--
       (A) professional development for arts educators, teachers, 
     and principals;
       (B) development and dissemination of instructional 
     materials and arts-based educational programming, including 
     online resources, in multiple arts disciplines; and
       (C) community and national outreach activities that 
     strengthen and expand partnerships among schools, local 
     educational agencies, communities, or national centers for 
     the arts.
       (b) Conditions.--As conditions of receiving assistance made 
     available under this section, the Secretary shall require 
     each eligible entity receiving such assistance--
       (1) to coordinate, to the extent practicable, each project 
     or program carried out with such assistance with appropriate 
     activities of public or private cultural agencies, 
     institutions, and organizations, including museums, arts 
     education associations, libraries, and theaters; and
       (2) to use such assistance only to supplement, and not to 
     supplant, any other assistance or funds made available from 
     non-Federal sources for the activities assisted under this 
     subpart.
       (c) Consultation.--In carrying out this section, the 
     Secretary shall consult with Federal agencies or 
     institutions, arts educators (including professional arts 
     education associations), and organizations representing the 
     arts (including State and local arts agencies involved in 
     arts education).
       (d) Definitions.--In this section:
       (1) Eligible entity.--The term `eligible entity' means--
       (A) a local educational agency in which 20 percent or more 
     of the students served by the local educational agency are 
     from families with an income below the poverty line;
       (B) a consortium of such local educational agencies;
       (C) the Bureau of Indian Education; or
       (D) an eligible national nonprofit organization.
       (2) Eligible national nonprofit organization.--The term 
     `eligible national nonprofit organization' means an 
     organization of national scope that--
       (A) is supported by staff, which may include volunteers, or 
     affiliates at the State and local levels; and
       (B) demonstrates effectiveness or high-quality plans for 
     addressing arts education activities for [disadvantaged 
     students or students who are children with disabilities]
       74. The Senate bill, but not the House amendment, 
     authorizes the Early Learning Alignment and Improvement 
     Grants program. See note 78.
       HR with an amendment to strike and insert the following in 
     Title IX as a new Part [X]:

     SEC. __ 1. PRESCHOOL DEVELOPMENT GRANTS.

       Part of title IX, as added by section [__], is further 
     amended by adding at the end the following:
       ``Subpart 5--Preschool Development Grants

     ``SEC. [9XXX]. PURPOSES; DEFINITIONS.

       (a) Purposes.--The purposes of this subpart are--
       (1) to assist States to develop, update, or implement a 
     strategic plan that facilitates collaboration and 
     coordination among existing programs of early childhood care 
     and education in a mixed delivery system across the State 
     designed to prepare low-income and vulnerable children to 
     enter kindergarten; and
       (2) to improve transitions from such system into the local 
     educational agency or elementary school that enrolls such 
     children,
       (3) to accomplish the purposes described in in (1) and (2) 
     by--
       (A) more efficiently using Federal, State, local, and non-
     governmental resources existing when the State applies for a 
     grant under this subpart to align and strengthen delivery of 
     existing programs;
       (B) coordinating the delivery models and funding streams 
     existing when the State applies for a grant under this 
     subpart in the mixed delivery system; and
       (C) developing recommendations to better utilize existing 
     resources, as of the date of receipt of a grant under this 
     subpart in order to improve--
       (i) the overall participation of children in a mixed 
     delivery system of Federal, State, and local early childhood 
     education programs;
       (ii) program quality, while maintaining availability of 
     services;
       (iii) parental choice among existing programs; and
       (iv) school readiness for children from low-income 
     families, including during such children's transition into 
     elementary school;
       (4) to encourage partnerships among Head Start providers, 
     State and local governments, Indian tribes and tribal 
     organizations, and private entities (including faith- and 
     community-based entities), and local educational agencies, to 
     improve coordination, program quality, and delivery of 
     services; and
       (5) to maximize parental choice among a mixed delivery 
     system of early childhood education program providers.
       (b) Definitions.--In this subpart:
       (1) Center of excellence in early childhood.--The term 
     `Center of Excellence in Early Childhood' means a Center of 
     Excellence in Early Childhood designated under section 
     657B(b) of the Head Start Act (42 U.S.C. 9852b(b)).
       (2) Early childhood education program.--The term `early 
     childhood education program' has the meaning given the term 
     in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
     1003).
       (3) Existing program.--The term `existing program' means a 
     Federal, State, local, or privately funded early childhood 
     education program that was operating in the State at any time 
     on or after date of enactment of the [__ Act of __] through 
     funds that were not provided by a grant under this section.
       (4) Mixed delivery system.--The term `mixed delivery 
     system' means multiple types of entities that deliver early 
     childhood education programs (including Head Start, licensed 
     family and center-based child care programs, public schools, 
     and community-based organizations) through both public and 
     private funds, in a variety of programmatic and 
     organizational structures. [Note: As written, this will 
     require the system to have both public and private funding.]
       (5) Secretary.--The term `Secretary' means the Secretary of 
     Health and Human Services
       (6) State advisory council.--The term `State Advisory 
     Council' means a State Advisory Council on Early Childhood 
     Education and Care designated or established under section 
     642B(b)(1)(A) of the Head Start Act (42 U.S.C. 
     9837b(b)(1)(A)).

     ``SEC. [4652]. PROGRAM AUTHORIZED.

       (a) Grants Authorized.--
       (1) In general.--From amounts made available under section 
     [9xxx] to the Secretary, jointly with the Secretary of 
     Education, shall award grants, on a competitive basis, to 
     States to enable the States to carry out the activities 
     described in subsection (d).
       (2) Duration of grants.--A grant awarded under paragraph 
     (1) shall be for a period of not more than 1 year and may be 
     renewed by the Secretary, jointly with the Secretary of 
     Education under subsection (e)
       (3) Matching requirement.--Each State that receives a grant 
     under this section shall provide funds from non-Federal 
     sources (which may be provided in cash or in kind) to carry 
     out the activities supported by the grant, in an amount equal 
     to not less than 30 percent of the amount of the grant.
       (b) Initial Application.--A State desiring a grant under 
     subsection (a)(1) shall submit an application at such time 
     and in such manner as the Secretary may reasonably require. 
     The application shall contain--
       (1) an identification of the State entity that the Governor 
     of the State has appointed to be responsible for duties under 
     this section;
       (2) a description of how such State entity proposes to 
     accomplish the activities described in subsection (d) and 
     meet the purposes of this subpart, including--
       (A) a timeline for strategic planning activities; and
       (B) a description of how activities described in 
     subparagraph (A) and subsection (d), will increase 
     participation of children from low-income families in high-
     quality early childhood education programs as a result of the 
     grant;
       (3) a description of the Federal, State, and local existing 
     programs in the State for which such State entity proposes to 
     facilitate collaboration and coordination activities, as 
     required under subsection (d) including--
       (A) programs carried out under the Head Start Act (42 
     U.S.C. 9801 et seq.), including the Early Head Start programs 
     carried out under such Act (42 U.S.C. 9801 et seq.);
       (B) child care programs carried out under the Child Care 
     and Development Block Grant Act of 1990 (42 U.S.C. 9858 et 
     seq.) or section 418 of the Social Security Act (42 U.S.C. 
     618); and
       (C) other Federal, State, local, and Indian tribe or tribal 
     organization programs of early learning, childhood education, 
     child care, and development operating in the State, as of the 
     date of the application for the grant, including programs 
     operated by Indian tribes and tribal organizations, and 
     private entities (including faith- and community-based 
     entities);
       (4) a description of how the State, in collaboration with 
     Centers of Excellence in Early Childhood, if appropriate, 
     will provide technical assistance and disseminate best 
     practices;
       (5) a description of how the State plans to sustain the 
     activities described in subsection (d) with non-Federal 
     sources after such funds are no longer available
       (6) a description of how the State will work with the State 
     Advisory Council and Head Start collaboration office.
       (c) Selection Criteria.--In awarding grants under 
     subsection (a), the Secretary shall--
       (1) award grants to States that have met the application 
     requirements under subsection (b);
       (2) to the extent practicable, ensure an equitable 
     geographic distribution of grants, including urban, suburban, 
     and rural distribution;
       (3) assure that a State has a mixed delivery system in 
     place as of the date of the award; and

[[Page H8607]]

       (4) give priority to--
       (A) a State that has not received a preschool development 
     grant for development or expansion under section 14006 of the 
     America Reinvestment and Recovery Act of 2009 (20 U.S.C. 
     10006);
       (B) a State that has not previously received a grant under 
     this section; and
       (C) a State that will use the grant funds for evidence-
     based activities, defined as meeting the requirements of 
     subclauses (I), (II), or (III) of section 8101(23)(A)(i).
       (d) Use of Funds.--A State, acting through the State entity 
     appointed under subsection (b)(1), that receives a grant 
     under subsection (a)(1) shall use the grant funds for all of 
     the following activities:
       (1) Conducting a periodic statewide needs assessment 
     concerning--
       (A) the availability and quality of existing programs in 
     the State, including such programs serving the most 
     vulnerable or underserved populations and children in rural 
     areas;
       (B) to the extent practicable, the unduplicated number of 
     children served in existing programs; and
       (C) to the extent practicable, the unduplicated number of 
     children awaiting service in such programs
       (2) Developing a strategic plan that recommends 
     collaboration, coordination, and quality improvement 
     activities (including activities to improve the transition 
     into elementary school) among existing programs in the State 
     and local educational agencies. Such plan shall include 
     information that--
       (A) identifies opportunities for, and barriers to, 
     collaboration and coordination among existing programs in the 
     State, including among State, local, and tribal (if 
     applicable) agencies responsible for administering such 
     programs;
       (B) recommends partnership opportunities among Head Start 
     providers, local educational agencies, State and local 
     governments, Indian tribes and tribal organizations, and 
     private entities (including faith- and community-based 
     entities) that would improve coordination, program quality, 
     and delivery of services;
       (C) builds on existing plans and goals with respect to 
     early childhood education programs, including improving 
     coordination and collaboration among such programs, as of the 
     date the grant was awarded, of the State Advisory Council 
     while incorporating new or updated Federal, State, and local 
     statutory requirements, including--
       (i) the requirements of the Child Care and Development 
     Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); and
       (ii) when appropriate, information found in the report 
     required under section 13 of the Child Care and Development 
     Block Grant Act of 2014 (Public Law 113-186; 128 Stat. 2002); 
     and
       (D) describes how accomplishing the activities described in 
     subparagraphs (A) through (C) will better serve children and 
     families in existing programs and how such activities will 
     increase the overall participation of children in the State.
       (3) Maximizing parental choice and knowledge about the 
     State's existing mixed delivery system of early childhood 
     education programs and providers by--
       (A) ensuring parents are provided information about the 
     variety of early childhood education programs for children 
     from birth to kindergarten entry in the State's mixed 
     delivery system.
       (B) promoting and increasing involvement by parents and 
     family members, including families of disadvantaged youth, in 
     the development of their children and the transition from an 
     existing program into an elementary school.
       (4) Sharing best practices between early childhood 
     education program providers in the State to increase 
     collaboration and efficiency of services, including to 
     improve transitions from such programs to elementary school.
       (5) After activities under paragraphs (1) and (2) have been 
     completed, improving the overall quality of early childhood 
     education programs in the State, including by developing and 
     implementing evidence-based practices, defined as meeting the 
     requirements of subclauses (I), (II), or (III) of section 
     8101 (23)(A)(i), to improve professional development for 
     early childhood education providers and educational 
     opportunities for children.
       (e) Renewal Grants.--
       (1) In general.--The Secretary, jointly with the Secretary 
     of Education, may use funds available under section [9xxx] to 
     award renewal grants, to States described in paragraph (2) to 
     enable such States to continue activities described in 
     subsection (d) or to carry out additional activities 
     described in paragraph (5).
       (2) Eligible states.--A State is eligible for a grant under 
     paragraph (1) if--
       (A) the State has received a grant under subsection (a)(1) 
     and the grant period has concluded; or
       (B)(i) the State has received a preschool development grant 
     for development or expansion under section 14006 of the 
     America Reinvestment and Recovery Act of 2009 (20 U.S.C. 
     10006) and the grant period for such grant has concluded; and
       (ii) the Secretary allows such State to apply directly for 
     a renewal grant under this subsection, rather than an initial 
     grant under subsection (a)(1) if the State submits with its 
     application the needs analysis completed under the preschool 
     development grant, updated, as necessary to respond to 
     current needs, in place of the activities under subsection 
     (d).
       (3) Duration of grants.--A grant awarded under this 
     subsection shall be for a period of not more than 3 years and 
     may not be renewed by the Secretary or the Secretary of 
     Education.
       (4) Application.--A State described in paragraph (2) that 
     desires a grant under this subsection shall submit an 
     application for renewal at such time and in such manner as 
     the Secretary may reasonably require. The application shall 
     contain--
       (A) applicable information required in subsection (b), 
     updated by the State as necessary determined the State;
       (B) in the case of a State described in paragraph (2)(A), a 
     description of how funds were used for the activities 
     described in subsection (d) in the initial grant period and 
     the extent to which such activities will continue to be 
     supported in the renewal period;
       (C) in the case of a State described in paragraph (2)(B), 
     how a needs assessment completed prior to the date of the 
     application, such as the needs analysis completed under the 
     preschool development grant and updated as necessary in 
     accordance with paragraph (2)(B)(ii), will be sufficient 
     information to inform the use of funds under this subsection, 
     and a copy of such needs assessment;
       (D) a description of how funds will be used for the 
     activities described in paragraph (5) during the renewal 
     grant period, if the State proposes to use grant funds for 
     such activities; and
       (E) a description of how the State plans to sustain the 
     activities described in subsection (d) and paragraph (5) with 
     non-Federal sources after such funds are no longer available.
       (5) Additional activities.--
       (A) In general.--Each State that receives a grant under 
     this subsection may use grant funds to award subgrants to 
     existing programs in a mixed delivery system across the State 
     designed to benefit low-income and vulnerable children prior 
     to entering kindergarten, to--
       (i) enable the existing programs to implement identified 
     areas of improvement as determined by the State through use 
     of funds under subsection (d); and
       (ii) as determined through the use of funds under 
     subsection (d), expand access to such existing programs; or
       (iii) develop new programs to address the needs of children 
     and families eligible for, but not currently served by such 
     programs, if the State ensures--

       (I) the distribution of subgrants under this paragraph 
     supports a mixed delivery system; and
       (II) funds made available under this paragraph shall be 
     used to supplement, and not supplant, any other Federal, 
     State, or local funds that would otherwise be available to 
     carry out the activities assisted under this section.

       (B) Priority.--In awarding subgrants under this subsection, 
     a State shall prioritize identified activities of improvement 
     in the existing State mixed delivery system of early 
     childhood education, as of the date of award of the subgrant, 
     that would improve services for low-income and vulnerable 
     children living in rural areas.
       (C) Special rule.--A State receiving a renewal grant under 
     this subsection that elects to award subgrants under this 
     paragraph shall not--
       (i) for the first year of the renewal grant, use more than 
     60 percent of the grant funds available for such year to 
     award such subgrants; and
       (ii) for each of the second and third years of the renewal 
     grant, use more than 75 percent of the grant funds available 
     for such year to award subgrants.
       (f) State Reporting.--
       (1) Initial grants.--A State that receives an initial grant 
     under subsection (a)(1) shall submit a final report to the 
     Secretary not later than 6 months after the end of the grant 
     period. The report shall include--
       (A) a description of how, and to what extent, funds were 
     utilized for activities described in subsection (d) and any 
     other activities through which funds were used to meet 
     purposes of this subpart;
       (B) a description of strategies undertaken at the State 
     level and, if applicable, local or program level, to 
     implement recommendations in the strategic plan developed 
     under subsection (d)(2);
       (C) a description of any new partnerships among Head Start 
     providers, State and local governments, Indian tribes and 
     tribal organizations, and private entities (including faith-
     and community-based) and how these partnerships improve 
     coordination and delivery of services;
       (D) if applicable, the degree to which the State used 
     information from the report required under section 13 of the 
     Child Care and Development Block Grant Act of 2014 to inform 
     activities, and how this information was useful in 
     coordinating and collaborating among programs and funding 
     streams;
       (E) the extent to which activities funded by the initial 
     grant led to the blending or braiding of other public and 
     private funding;
       (F) how information about existing programs for children 
     from birth to kindergarten entry was disseminated to parents 
     and families, and how involvement by parents and family was 
     improved; and
       (G) other State-determined and voluntarily provided 
     information to share best practices

[[Page H8608]]

     regarding early childhood education programs, and 
     coordination of such programs.
       (2) Renewal grants.--A State receiving a renewal grant 
     under subsection (e) shall submit a follow-up report to the 
     Secretary not later than 6 months after the end of the grant 
     period that includes--
       (A) the updated information described in paragraph (1); and 
     (B) if applicable, information on how the State was better 
     able to serve children through the distribution of funds in 
     accordance with subsection (e)(5), through--
       (i) a description of the activities conducted through the 
     use of subgrant funds, including, where appropriate, 
     measurable areas of program improvement and better 
     utilization of existing resources; and
       (ii) best practices from the utilization of subgrant funds, 
     including how to better serve the most vulnerable, 
     underserved, and rural populations.
       (g) Limitations on Federal Interference.--Nothing in this 
     subpart shall be construed to authorize the Secretary or the 
     Secretary of Education to establish any criterion for grants 
     made under this section that specifies, defines, or 
     prescribes--
       (1) early learning and development guidelines, standards, 
     or specific assessments, including the standards or measures 
     that States use to develop, implement, or improve such 
     guidelines, standards, or assessments;
       (2) specific measures or indicators of quality early 
     learning and care, including--
       (A) the systems that States use to assess the quality of 
     early childhood education programs and providers, school 
     readiness, and achievement; and
       (B) the term `high-quality' as it relates to early 
     learning, development, or care;
       (3) early learning or preschool curriculum, programs of 
     instruction, or instructional content;
       (4) teacher and staff qualifications and salaries;
       (5) class sizes and ratios of children to instructional 
     staff;
       (6) any criterion a program is required to meet to benefit 
     from activities under this section;
       (7) the scope of programs, including length of program day 
     and length of program year; and
       (8) any aspect or parameter of a teacher, principal, other 
     school leader, or staff evaluation system within a State, 
     local educational agency, or early childhood education 
     program.
       (h) Rule of Construction.--Nothing in this subpart shall be 
     construed to authorize the Secretary, the Secretary of 
     Education, the State, or another governmental agency to alter 
     requirements for existing programs for which coordination and 
     alignment activities are recommended under this section, or 
     to force programs to adhere to any recommendations developed 
     through this program. The Secretary, the Secretary of 
     Education, State, or agency may only take an action described 
     in this subsection as otherwise authorized under Federal, 
     State, and local laws.
       (i) Rule of construction.--Nothing in this subpart shall be 
     construed to authorize the Secretary of Education to have 
     sole decision-making or regulatory authority in carrying out 
     the activities under this subpart.

     SEC. __2. REVIEW OF FEDERAL EARLY CHILDHOOD EDUCATION 
                   PROGRAMS.

       (a) In General--The Secretary of Health and Human Services, 
     in consultation with the heads of all Federal agencies that 
     administer Federal early childhood education programs, shall 
     conduct an interdepartmental review of all early childhood 
     education programs for children less than 6 years of age in 
     order to
       (1) Develop a plan for the elimination of overlapping 
     programs, as identified by the Government Accountability 
     Office's 2012 annual report (GAO-12-342SP);
       (2) Determine if the activities conducted by States using 
     grant funds from preschool development grants under section 
     9207 have led to better utilization of resources; and
       (3) Make recommendations to Congress for streamlining all 
     such programs.
       (b) Report and Updates--The Secretary of Health and Human 
     Services, in consultation with the heads of all Federal 
     agencies that administer Federal early childhood education 
     programs, shall--
       (1) Not later than 2 years after the date of enactment of 
     this Act, prepare and submit to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives a detailed report that--
       (A) Outlines the efficiencies that can be achieved by, and 
     specific recommendations for, eliminating overlap and 
     fragmentation among all Federal early childhood education 
     programs;
       (B) Explains how the use by States of preschool development 
     grant funds under section 9207 has led to the better 
     utilization of resources; and
       (C) Builds upon the review of Federal early learning and 
     care programs required under section 13 of the Child Care and 
     Development Block Grant Act of 2014 (Public Law 113-186; 128 
     Stat. 2002); and
       (2) Annually prepare and submit to such Committees a 
     detailed update of the report described in paragraph (1).

     ``SEC.__. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Secretary 
     of Health and Human Services to carry out this subpart 
     $250,000,000 for each of fiscal years 2017 through 2020. 
     [Note: This authorization should be moved up into section 
     9xxx, with the other authorizations for this part, when 
     incorporated into Title IX (National Activities).]''.
       Report Language: ``The Conferees intend for Preschool 
     Development Grants to be jointly administered by the 
     Department of Health and Human Services and the Department of 
     Education. Recognizing the expertise that the Department of 
     Education has in helping States develop and expand early 
     learning programs, the Conferees expect that the Department 
     of Education willbean equal partner with the Department of 
     Health and Human Services in decision making around the 
     selection of grantees, communicating with States, and 
     providing technical assistance to States throughout the grant 
     process in order to increase the quality of and overall 
     participation of children in early childhood education 
     programs.''
       75. The Senate bill, but not the House amendment, 
     authorizes the Innovation Schools Demonstration Authority. 
     See note 78.
       SR
       76. The Senate bill, but not the House amendment, 
     authorizes the Full-Service Community Schools program. See 
     note 78.
       HR with an amendment to insert the following as a new Title 
     IV Part [F]:

     SEC. 4 XXX. FULL-SERVICE COMMUNITY SCHOOLS.

       (a) Application.--An eligible entity that desires a grant 
     under this subpart for activities described in this section 
     shall submit an application to the Secretary at such time and 
     in such manner as the Secretary may require. The Secretary 
     shall require that each such application include the 
     following:
       (1) A description of the eligible entity.
       (2) A memorandum of understanding among all partner 
     entities that will assist the eligible entity to coordinate 
     and provide pipeline services and that describes the roles 
     the partner entities will assume.
       (3) A description of the capacity of the eligible entity to 
     coordinate and provide pipeline services at 2 or more full-
     service community schools.
       (4) A comprehensive plan that includes descriptions of the 
     following:
       (A) The student, family, and school community to be served, 
     including information about demographic characteristics.
       (B) A needs assessment that identifies the academic, 
     physical, nonacademic, health, mental health, and other needs 
     of students, families, and community residents.
       (C) Annual measurable performance objectives and outcomes, 
     including an increase in the number and percentage of 
     families and students targeted for services each year of the 
     program, in order to ensure that children are--
       (i) prepared for kindergarten;
       (ii) achieving academically; and
       (iii) safe, healthy, and supported by engaged parents.
       (D) Pipeline services, including existing and additional 
     pipeline services, to be coordinated and provided by the 
     eligible entity and its partner entities, including an 
     explanation of--
       (i) why such services have been selected;
       (ii) how such services will improve student academic 
     achievement; and
       (iii) how such services will address annual measurable 
     performance objectives and outcomes established under 
     subparagraph (C).
       (E) Plans to ensure that each full-service community school 
     site has full-time coordination and management of pipeline 
     services at such school, including a description of the 
     applicable funding sources, plans for professional 
     development for the personnel managing, coordinating, or 
     delivering pipeline services, and plans for joint utilization 
     and management of school facilities.
       (F) Plans for periodic evaluation based upon attainment of 
     the performance objectives and outcomes described in 
     subparagraph (C).
       (G) Plans for sustaining the programs and services 
     described in this subsection after the grant period.
       (5) An assurance that the eligible entity and its partner 
     entities will focus services on schools eligible for a 
     schoolwide program under section 1114(b).
       (b) Priority.--In awarding grants under this subpart for 
     activities described in this section, the Secretary shall 
     give priority to eligible entities that--
       (1)(A) will serve a minimum of 2 or more full-service 
     community schools eligible for a schoolwide program under 
     section 1114(b), as part of a community- or district-wide 
     strategy; or
       (B) include a local educational agency that satisfies the 
     requirements of--
       (i) subparagraph (A), (B), or (C) of section [5311(b)(1)]; 
     or
       (ii) subparagraphs (A) and (B) of section 5321(b)(1);
       (2) will be connected to a consortium comprised of a broad 
     representation of stakeholders or a consortium demonstrating 
     a history of effectiveness; and
       (3) will use funds for evidence-based activities described 
     in subsection (e), defined for purposes of this paragraph as 
     activities that meet the requirements of section 
     [8101(23)(A)(i)].
       (c) Planning.--The Secretary may authorize an eligible 
     entity receiving a grant under this subpart for activities 
     described in this section to use not more than 10 percent of 
     the total amount of grant funds for planning purposes.

[[Page H8609]]

       (d) Minimum Amount.--The Secretary may not award a grant 
     under this subpart for activities described in this section 
     to an eligible entity in an amount that is less than $75,000 
     for each year of the grant period, subject to the 
     availability of appropriations.
       (e) Use of Funds.--Grants awarded under this subpart for 
     activities described in this section shall be used to--
       (1) coordinate not less than 3 existing pipeline services, 
     and provide not less than 2 additional pipeline services, at 
     2 or more public elementary schools or secondary schools;
       (2) integrate multiple services into a comprehensive, 
     coordinated continuum to achieve the annual measurable 
     performance objectives and outcomes under subsection 
     (a)(4)(C) to meet the holistic needs of children; and
       (3) if applicable, coordinate and integrate services 
     provided by community-based organizations and government 
     agencies with services provided by specialized instructional 
     support personnel.
       (f) Evaluations by the Institute of Education Sciences.--
     The Secretary, acting through the Director of the Institute 
     of Education Sciences, shall conduct evaluations on the 
     effectiveness of grants under this subpart for activities 
     described in this section in achieving the purpose described 
     in section 4621(2).
       (g) Evaluations by Grantees.--The Secretary shall require 
     each eligible entity receiving a grant under this subpart for 
     activities described in this section--
       (1) to conduct periodic evaluations of the progress 
     achieved with the grant toward the purpose described in 
     section 4621(2);
       (2) to use such evaluations to refine and improve 
     activities carried out through the grant and the annual 
     measurable performance objectives and outcomes under 
     subsection (a)(4)(C); and
       (3) to make the results of such evaluations publicly 
     available, including by providing public notice of such 
     availability.
       (h) Construction Clause.--Nothing in this section shall be 
     construed to alter or otherwise affect the rights, remedies, 
     and procedures afforded school or local educational agency 
     employees under Federal, State, or local laws (including 
     applicable regulations or court orders) or under the terms of 
     collective bargaining agreements, memoranda of understanding, 
     or other agreements between such employees and their 
     employers.
       (i) Supplement, Not Supplant.--Funds made available to an 
     eligible entity through a grant under this subpart for 
     activities described in this section may be used only to 
     supplement, and not supplant, any other Federal, State, or 
     local funds that would otherwise be available to carry out 
     the activities assisted under this section.
       77. The Senate bill, but not the House amendment, 
     authorizes the Promise Neighborhoods program. See note 78.
       HR/SR with amendment to strike and insert the following as 
     a new Title IV Part [X]:

     SEC. 4XXX. PROMISE NEIGHBORHOODS.

       (a) Application Requirements.--An eligible entity desiring 
     a grant under this subpart for activities described in this 
     section shall submit an application to the Secretary at such 
     time and in such manner as the Secretary may require, 
     including, at a minimum, all of the following:
       (1) A plan to significantly improve the academic outcomes 
     of children living in a neighborhood that is served by the 
     eligible entity--
       (A) by providing pipeline services that address the needs 
     of children in the neighborhood, as identified by the needs 
     analysis described in paragraph (4); and
       (B) that is supported by evidence-based practices.
       (2) A description of the neighborhood that the eligible 
     entity will serve.
       (3) Measurable annual objectives and outcomes for the 
     grant, in accordance with the metrics described in subsection 
     (h), for each year of the grant.
       (4) An analysis of the needs and assets of the neighborhood 
     identified in paragraph (1), including--
       (A) the size and scope of the population affected;
       (B) a description of the process through which the needs 
     analysis was produced, including a description of how 
     parents, families, and community members were engaged in such 
     analysis;
       (C) an analysis of community assets and collaborative 
     efforts (including programs already provided from Federal and 
     non-Federal sources) within, or accessible to, the 
     neighborhood, including, at a minimum, early learning 
     opportunities, family and student supports, local businesses, 
     and institutions of higher education;
       (D) the steps that the eligible entity is taking, at the 
     time of the application, to address the needs identified in 
     the needs analysis; and
       (E) any barriers the eligible entity, public agencies, and 
     other community-based organizations have faced in meeting 
     such needs.
       (5) A description of all data that the entity used to 
     identify the pipeline services to be provided and how the 
     eligible entity will--
       (A) collect data on children served by each pipeline 
     service; and
       (B) increase the percentage of children served over time.
       (6) A description of the process used to develop the 
     application, including the involvement of family and 
     community members.
       (7) A description of how the pipeline services will 
     facilitate the coordination of the following activities:
       (A) Providing early learning opportunities for children, 
     including by--
       (i) providing opportunities for families to acquire the 
     skills to promote early learning and child development; and
       (ii) ensuring appropriate diagnostic assessments and 
     referrals for children with disabilities and developmental 
     delays, consistent with the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.), where applicable.
       (B) Supporting, enhancing, operating, or expanding rigorous 
     and comprehensive evidence-based educational improvements, 
     which may include high-quality academic programs, expanded 
     learning time, and programs and activities to prepare 
     students for postsecondary education admissions and success.
       (C) Supporting partnerships between schools and other 
     community resources with an integrated focus on academics and 
     other social, health, and familial supports.
       (D) Providing social, health, nutrition, and mental health 
     services and supports, for children, family, and community 
     members, which may include services provided within the 
     school building.
       (E) Supporting evidence-based programs that assist students 
     through school transitions, which may include expanding 
     access to postsecondary education courses and postsecondary 
     education enrollment aid or guidance, and other supports for 
     at-risk youth.
       (8) A description of the strategies that will be used to 
     provide pipeline services (including a description of which 
     programs and services will be provided to children, family 
     members, community members, and children within the 
     neighborhood) to support the purpose described in section 
     4621(1).
       (9) An explanation of the process the eligible entity will 
     use to establish and maintain family and community 
     engagement, including--
       (A) involving representative participation by the members 
     of such neighborhood in the planning and implementation of 
     the activities of each grant awarded under this subpart for 
     activities described in this section;
       (B) the provision of strategies and practices to assist 
     family and community members in actively supporting student 
     achievement and child development;
       (C) providing services for students, families, and 
     communities within the school building; and
       (D) collaboration with institutions of higher education, 
     workforce development centers, and employers to align 
     expectations and programming with postsecondary education and 
     workforce readiness,
       (10) An explanation of how the eligible entity will 
     continuously evaluate and improve the continuum of high-
     quality pipeline services to provide for continuous program 
     improvement and potential expansion.
       (b) Priority.--In awarding grants for activities described 
     in this section, the Secretary shall give priority to 
     eligible entities that will use funds under subsection (d) 
     for evidence-based activities, which, for purposes of this 
     [subsection], is defined as activities meeting the 
     requirement of [section 8101(23)(A)(i)].
       (c) Memorandum of Understanding.--As eligible entity shall, 
     as part of the application described in subsection (a), 
     submit a preliminary memorandum of understanding, signed by 
     each partner entity or agency described in section 
     4622(1)(A)(3) (if applicable) and detailing each partner's 
     financial, programmatic, and long-term commitment with 
     respect to the strategies described in the application.
       (d) Uses of Funds.--Each eligible entity that receives a 
     grant under this subpart to carry out a program of activities 
     described in this section shall use the grant funds to--
       (1) support planning activities to develop and implement 
     pipeline services;
       (2) implement the pipeline services; and
       (3) continuously evaluate the success of the program and 
     improve the program based on data and outcomes.
       (e) Special Rules.--
       (1) Funds for pipeline services.--Each eligible entity that 
     receives a grant under this subpart for activities described 
     in this section shall, for the first and second year of the 
     grant, use not less than 50 percent of the grant funds to 
     carry out the activities described in subsection (d)(1).
       (2) Operational flexibility.--Each eligible entity that 
     operates a school in a neighborhood served by a grant program 
     under this subpart for activities described in this section 
     shall provide such school with the operational flexibility, 
     including autonomy over staff, time, and budget, needed to 
     effectively carry out the activities described in the 
     application under subsection (a).
       (3) Limitation on use of funds for early childhood 
     education programs.--Funds provided under this subpart for 
     activities described in this section that are used to improve 
     early childhood education programs shall not be used to carry 
     out any of the following activities:
       (A) Assessments that provide rewards or sanctions for 
     individual children or teachers.
       (B) A single assessment that is used as the primary or sole 
     method for assessing program effectiveness.
       (C) Evaluating children, other than for the purposes of 
     improving instruction, classroom environment, professional 
     development, or parent and family engagement, or program 
     improvement.
       (f) Report.--Each eligible entity that receives a grant 
     under this subpart for activities described in this section 
     shall prepare

[[Page H8610]]

     and submit an annual report to the Secretary, which shall 
     include--
       (1) information about the number and percentage of children 
     in the neighborhood who are served by the grant program, 
     including a description of the number and percentage of 
     children accessing each support or service offered as part of 
     the pipeline services; and
       (2) information relating to the performance metrics 
     described in subsection (h).
       (g) Publicly Available Data.--Each eligible entity that 
     receives a grant under this subpart for activities described 
     in this section shall make publicly available, including 
     through electronic means, the information described in 
     subsection (f). To the extent practicable, such information 
     shall be provided in a form and language accessible to 
     parents and families in the neighborhood served under the 
     grant, and such information shall be a part of statewide 
     longitudinal data systems.
       (h) Performance Metrics.--
       (1) In general.--Each eligible entity that receives a grant 
     under this subpart for activities described in this section 
     shall collect data on performance indicators of pipeline 
     services and family and student supports and report the 
     results to the Secretary, who shall use the results as a 
     consideration in continuing grants after the third year of 
     the initial grant period and in awarding grant renewals.
       (2) Indicators.--The performance indicators shall address 
     the entity's progress toward significantly improving the 
     academic and developmental outcomes of children living in the 
     most distressed communities of the United States from birth 
     through postsecondary education and career entry, including 
     ensuring school readiness, high school graduation, and 
     postsecondary education and career readiness for such 
     children, through--
       (A) the use of data-driven decision making; and
       (B) access to a community-based continuum of high-quality 
     services, beginning at birth.
       (i) Evaluation.--The Secretary shall reserve not more than 
     5 percent of the funds made available under section 
     4601(b)(2)(A) to provide technical assistance and evaluate 
     the implementation and impact of the activities funded under 
     this section, in accordance with section 8601.
       78. The House amendment, but not the Senate bill, 
     authorizes a Local Academic Flexible Grant in Title III, Part 
     B of the House amendment.
       HR

                  TITLE VI--INNOVATION AND FLEXIBILITY

       1. The Senate bill, but not the House amendment, inserts 
     purposes for Title VI.
       SR
       2. The House repeals Title VI.
       HR
       3. The Senate bill and House amendment both strike subpart 
     1 of Part A of Title VI.
       LC
       4. The Senate bill and House amendment both strike subpart 
     4 of Part A of Title VI.
       LC
       5. That Senate bill redesignates subpart 2 as subpart 1. 
     The House amendment strikes subpart 2 of Part A of Title VI.
       HR
       6. The Senate bill allows SEAs and LEAs to transfer Title 
     II Part A, Title IV Part A, and funding from the I-TECH 
     program between program titles or into Title I. The House 
     amendment allows funding within Title I to be transferred to 
     other programs within Title I, but repeals section 6113. See 
     note 5.
       HR/SR with an amendment to read as follows:
       (3) by amending section 5102, as redesignated by paragraph 
     (2), to read as follows:

     SEC. 5102. PURPOSE.

       The purpose of this part is to allow States and local 
     educational agencies the flexibility to target Federal funds 
     to the programs and activities that most effectively address 
     the unique needs of States and localities.''
       (4) in section 5103, as redesignated by paragraph (2)--
       (A) in subsection (a)--
       (i) in paragraph (1)--

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

       (A) Part A of title II.
       (B) Part A of title IV.
       (C) Section 4202(c)(3).''; and
       (ii) by striking paragraph (2) and inserting the following:
       (2) Additional funds.--In accordance with this part, a 
     state may transfer any funds allotted to the State under a 
     provision listed in paragraph (1) for a fiscal year to its 
     allotment under any other of the following provisions:
       (A) Part A of title I.
       (B) Part C of title I.
       (C) Part D of title I.
       (D) Part A of title III. and
       (E) Part C of title V.''; and
       (B) in subsection (b)--
       (i) in paragraph (1)--

       (I) in subparagraph (A)--

       (aa) by striking ``subpart'' and inserting ``part'';
       (bb) by striking ``(except'' and all that follows through 
     ``subparagraph (C))'' and inserting ``may transfer all, or 
     any lesser amount, of the funds allocated to it'';

       (II) by--

       (aa) striking subparagraph (B) and
       (bb) redesignating subparagraph (C) as subparagraph (B); 
     and;
       (cc) by amending subparagraph (B), as redesignated in item 
     (bb) to read as follows:
       (B) Additional Funds for Title I.--In accordance with this 
     part, a local educational agency may transfer any funds 
     allotted to such agency under a provision listed in paragraph 
     (2) for a fiscal year to its allotment under any other of the 
     following provisions:
       (i) Part A of title I;
       (ii) Part C of title I;
       (iii) Part D of title I;
       (iv) Part A of title III; and
       (v) Part C of title V.'' and
       (ii) in paragraph (2)--

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

       (A) Part A of title II.
       (B) Part A of title IV.
       (C) Section 4202(c)(3).'': and
       (C) by striking subsection (c) and inserting the following:
       (c) No Transfer of Certain Funding.--A State or local 
     educational agency may not transfer under this part to any 
     other program any funds allotted or allocated to it for the 
     following provisions:
       (1) Part A of title I.
       (2) Part C of title I.
       (3) Part D of title I.
       (4) Part A of title III.
       (5) Part B of title V.''; and
       (d) Modification of Plans and Applications; Notification.--
       (1) State transfers.--Each State that makes a transfer of 
     funds under this section shall--
       (A) modify, to account for such transfer, each State plan, 
     or application submitted by the State, to which such funds 
     relate;
       (B) not later than 30 days after the date of such transfer, 
     submit a copy of such modified plan or application to the 
     Secretary; and
       (C) not later than 30 days before the effective date of 
     such transfer, notify the Secretary of such transfer.
       (2) Local transfers.--Each local educational agency that 
     makes a transfer of funds under this section shall--
       (A) modify, to account for such transfer, each local plan, 
     or application submitted by the agency, to which such funds 
     relate;
       (B) not later than 30 days after the date of such transfer, 
     submit a copy of such modified plan or application to the 
     State; and
       (C) not later than 30 days before the effective date of 
     such transfer, notify the State of such transfer.
       (e) Applicable Rules.--
       (1) In general.--Except as otherwise provided in this part, 
     funds transferred under this section are subject to each of 
     the rules and requirements applicable to the funds under the 
     provision to which the transferred funds are transferred.
       (2) Consultation.--Each State educational agency or local 
     educational agency that transfers funds under this section 
     shall conduct consultations in accordance with section 
     [9501], if such transfer transfers funds from a program that 
     provides for the participation of students, teachers, or 
     other educational personnel, from private schools.
       7. The Senate bill, but not the House amendment, authorizes 
     a weighted student funding flexibility pilot program for 
     LEAs.
       HR with an amendment to redesignate this program as Title 
     I, Part E, and redesignated Part E of Title I as Part F, and 
     amend the language of the program as follows:

          PART E--FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING

     SEC. [1XXX]. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING

       (a) Purpose.--The purpose of the program under this section 
     is to provide local educational agencies with flexibility to 
     consolidate eligible Federal funds and State and local 
     education funding in order to create a single school funding 
     system based on weighted per-pupil allocations for low-income 
     and otherwise disadvantaged students.
       (b) Authority.--(1) In general.--The Secretary is 
     authorized to enter into local flexibility demonstration 
     agreements--
       (A) for not more than 3 years with local educational 
     agencies that are selected under subsection (c) and submit 
     proposed agreements that meet the requirements of subsection 
     (d); and
       (B) under which such agencies may consolidate and use funds 
     in accordance with subsection (d) in order to develop and 
     implement a school funding system based on weighted per-pupil 
     allocations for low-income and otherwise disadvantaged 
     students.
       (2) Flexibility.--Except as described in subparagraph (J) 
     of subsection (d)(1), the Secretary is authorized to waive 
     for local educational agencies entering into agreements under 
     this section any provision of this Act that would otherwise 
     prevent such agency from using eligible Federal funds as part 
     of such agreement.
       (c) Selection of Local Educational Agencies.--
       (1) In general.--The Secretary may enter into local 
     flexibility demonstration agreements with not more than 50 
     local educational agencies with an approved application under 
     subsection (d).

[[Page H8611]]

       (2) Selection.--Each local educational agency shall be 
     selected based on such agency--
       (A) submitting a proposed local flexibility demonstration 
     agreement under subsection (d);
       (B) demonstrating that the agreement meets the requirements 
     of subsection (d); and
       (C) agreeing to meet the continued demonstration 
     requirements under subsection (e).
       (3) Expansion.--Beginning with the 2019-2020 academic year, 
     the Secretary may extend funding flexibility authorized under 
     this part to any local educational agency that submits and 
     has approved an application under subsection (d), so long as 
     the demonstration agreements with local educational agencies 
     described in paragraph (1) meet the requirements of 
     subsection (d)(2) and subsection (e)(1)..
       (d) Required Terms of Local Flexibility Demonstration 
     Agreement.--
       (1) Application.--Each local educational agency that 
     desires to participate in the program under this section 
     shall submit, at such time and in such form as the Secretary 
     may prescribe, an application to enter into a local 
     flexibility demonstration agreement with the Secretary in 
     order to develop and implement a school funding system based 
     on weighted per-pupil allocations that meets the requirements 
     of this section. The application shall include--
       (A) a description of the school funding system based on 
     weighted per-pupil allocations, including the weights used to 
     allocate funds within the system, the local educational 
     agency's legal authority to use local and State education 
     funds consistent with this section, how the system will meet 
     the requirements under paragraph (2), and how the system will 
     support the academic achievement of students, including low-
     income students, the lowest-achieving students, English 
     learners, and students with disabilities;
       (B) a list of funding sources, including eligible Federal 
     funds the local educational agency will include in such 
     system;
       (C) a description of the amount and percentage of total 
     local educational agency funding, including State, local, and 
     eligible Federal funds, that will be allocated through such 
     system;
       (D) the per-pupil expenditures (including actual personnel 
     expenditures, including staff salary differentials for years 
     of employment, and actual nonpersonnel expenditures) of State 
     and local funds for each school served by the agency for the 
     preceding fiscal year;
       (E) the per-pupil amount of eligible Federal funds each 
     school served by the agency, disaggregated by program, 
     received in the preceding fiscal year;
       (F) a description of how the system will ensure that any 
     eligible Federal funds allocated through the system will meet 
     the purposes of each Federal funding stream, including 
     serving students from low-income families, English learners, 
     migratory children, and children who are neglected, 
     delinquent, or at risk, as applicable:
       Report Language: ``It is the Conferees' intent that 
     eligible Federal funds will be used with State and local 
     education funds to meet the needs of students from low-income 
     families, English learners, migratory children, and children 
     who are neglected, delinquent, or at risk, as applicable. 
     This should not be interpreted to require that every dollar a 
     local educational agency receives under a Federal program be 
     allocated to a student who otherwise would have been 
     identified under that program, but should be interpreted to 
     require that the weighted student funding system under this 
     section will broadly serve the students and the purposes for 
     which the funding is provided.''
       (H) an assurance that the local educational agency 
     developed and will implement the local flexibility 
     demonstration agreement in consultation with teachers, 
     principals, other school leaders, including charter school 
     leaders (in a local educational agency that has charter 
     schools), administrators of Federal programs impacted by the 
     agreement, parents, community leaders, and other relevant 
     stakeholders;
       (I) an assurance that the local educational agency will use 
     fiscal control and sound accounting procedures that ensure 
     proper disbursement of, and accounting for, eligible Federal 
     funds consolidated and used under such system;
       (J) an assurance that the local educational agency will 
     continue to meet the fiscal provisions in section [1118] and 
     the requirements under sections 1120 and [9501]; and
       (K) an assurance that the local educational agency will 
     meet the requirements of all applicable Federal civil rights 
     laws in carrying out the agreement and in consolidating and 
     using funds under the agreement.``
       (2) Requirements of system.--A local educational agency's 
     school funding system based on weighted per-pupil allocations 
     shall meet each of the following requirements:
       (A) The system shall--
       (i) except as allowed under subparagraph (B), allocate a 
     significant portion of funds, including State, local, and 
     eligible Federal funds, to the school level based on the 
     number of students in a school and a formula developed by the 
     agency under this section that determines per-pupil weighted 
     amounts; and
       (ii) use weights or allocation amounts that allocate 
     substantially more funding to English learners and students 
     from low-income families, and students with any other 
     characteristics chosen by the local education agency, than to 
     other students; and
       (iii) ensure that each high-poverty school received more 
     per-pupil funding, including from Federal, State, and local 
     sources, for low-income students and at least as much per-
     pupil funding, including from Federal, State, and local 
     sources, for English learners as the school received in the 
     year prior to carrying out the pilot program.
       (B) The system shall be used to allocate to schools a 
     significant portion, which percentage shall be agreed upon 
     during the application process and shall include all school-
     level actual personnel expenditures for instructional staff 
     and actual nonpersonnel expenditures, of all the local 
     educational agency's local and State education funds, and 
     eligible Federal funds; and
       (C) In establishing the percentage in subparagraph (B), the 
     district shall demonstrate that the percentage under such 
     subparagraph is sufficient to carry out the purposes of the 
     pilot and to meet each of the requirements of (d) and that 
     the percentage of local and State education funds, and 
     eligible Federal funds that are not allocated through the 
     formula does not undermine or conflict with the requirements 
     of the pilot including (d)(2)C).
       Report Language: ``The Conferees intend that the single 
     school funding system will be used to, from the beginning, 
     allocate a significant portion of all the local educational 
     agency's local and State education funds, as well as eligible 
     Federal funds, and that this portion will continue to 
     increase over time. Reporting on how funds not allocated 
     through the system are being spent will continue to occur. 
     The Conferees intend that the negotiation between the 
     Secretary and school district to establish the initial 
     portion will be based on best practices in the field.''
       (D) After allocating funds through the school funding 
     system, the local educational agency shall charge schools for 
     the per-pupil expenditures of Federal, State, and local 
     funds, including actual personnel expenditures for 
     instructional staff and actual nonpersonnel expenditures.
       (e) Continued Demonstration.--Each local educational agency 
     with an approved application under subsection (d) shall 
     annually--
       (1) demonstrate to the Secretary that no high-poverty 
     school served by the agency received less per-pupil funding, 
     including from Federal, State, and local sources, for low-
     income students or less per-pupil funding, including from 
     Federal, State, and local sources, for English learners than 
     the school received in the previous year;
       (2) make public and report to the Secretary the per-pupil 
     expenditures (including actual personnel expenditures that 
     include staff salary differentials for years of employment, 
     and actual non-personnel expenditures) of State, local, and 
     Federal funds for each school served by the agency, and 
     disaggregated by student poverty quartile and by minority 
     student quartile for the preceding fiscal year; and
       (3) make public the total number of student enrolled in 
     each school served by the agency and the number of students 
     enrolled in each such school disaggregated by each of the 
     subgroups of students, as defined in section 1111(c)(2).
       (f) Eligible Federal Funds.--In this section, the term 
     `eligible Federal funds' means funds received by a local 
     educational agency under titles I, II, and III, Part A of IV, 
     and Part C of Title V of this Act.
       (g) Limitations on Administrative Expenditures.--Each local 
     educational agency that has entered into a local flexibility 
     demonstration agreement with the Secretary under this section 
     may use, for administrative purposes, from eligible Federal 
     funds not more than the percentage of funds allowed for such 
     purpose under any of titles I, II, or III, Part A of Title 
     IV, or Part C of Title V.
       (h) Peer Review.--The Secretary may establish a peer-review 
     process to assist in the review of a proposed local 
     flexibility demonstration agreement.
       (i) Noncompliance.--The Secretary may, after providing 
     notice and an opportunity for a hearing (including the 
     opportunity to provide information as provided for in 
     subsection (j)), terminate a local flexibility demonstration 
     agreement under this section if there is evidence that the 
     local educational agency has failed to comply with the terms 
     of the agreement and the requirements under subsections (d) 
     and (e).
       (j) Evidence.--If a local educational agency believes that 
     the Secretary's determination under subsection (i) is in 
     error for statistical or other substantive reasons, the local 
     educational agency may provide supporting evidence to the 
     Secretary, and the Secretary shall consider that evidence 
     before making a final termination determination.
       (k) Program Evaluation.--From the amount reserved for 
     evaluation activities in section [9601], the Secretary, 
     acting through the Director of the Institute of Education 
     Sciences, shall, in consultation with the relevant program 
     office at the Department, evaluate the implementation and 
     impact of the local flexibility demonstration agreements 
     under this section, consistent with section [9601] and 
     specifically on improving the equitable distribution of State 
     and local funding and increasing student achievement.
       (l) Renewal of Local Flexibility Demonstration Agreement.--
     The Secretary may renew for additional 3-year terms a local 
     flexibility demonstration agreement under this section if--

[[Page H8612]]

       (1) the local educational agency has met the requirements 
     under subsections (d)(2) and (e) and agrees to and has a high 
     likelihood of continuing to meet such requirements; and
       (2) the Secretary determines that renewing the local 
     flexibility demonstration agreement is in the interest of 
     students served under titles I and III, including students 
     from low-income families, English learners, migratory 
     children, and children who are neglected, delinquent, or at 
     risk.
       (m) Definition of High-Poverty School.--In this section, 
     the term `high-poverty school' means a school that is in the 
     highest 2 quartiles of schools served by a local educational 
     agency, based on the percentage of enrolled students from 
     low-income families.''.
       8. The House amendment redesignates subpart 1 of part B of 
     title VI as subpart 5 of part A of title I. Section 6202 in 
     the Senate bill is redesignated to section 1230 in the House 
     amendment.
       HR/SR with an amendment to redesignate subpart 1 of Part B 
     of Title VI as subpart 1 of Part C of Title V.
       9. The House amendment redesignates subpart 1 of Part B of 
     Title VI as chapter A of subpart 5 of Part A of Title I. The 
     name of the program is the same in both the Senate bill and 
     House amendment.
       LC
       10. The Senate bill, but not the House amendment, includes 
     changes to references in section 6211 for use of funds 
     flexibility. The House amendment repeals such section.
       HR
       11. The House amendment, but not the Senate bill, 
     redesignates subsection (b) of section 6212 as subsection (d) 
     of section 1231.
       HR
       Report Language: ``It is the Conferees'' intent that, 
     should the current locale codes required under this part no 
     longer exist due to being revised as part of improvements 
     necessary to support Institute of Education Sciences 
     statistical programs, the Secretary of Education work with 
     relevant agencies to examine the impact of such revisions on 
     rural school districts for various programs across all 
     federal laws and consult, to the extent practicable, with the 
     Committee on Health, Education, Labor and Pensions of the 
     Senate and the Committee on Education and the Workforce of 
     the House of Representatives to discuss the impact of the 
     changes.''
       12. The Senate bill, but not the House amendment, makes a 
     technical edit in subparagraph (B) to account for a later 
     change.
       HR
       13. The Senate bill, but not the House amendment, includes 
     new eligibility language for educational service agencies.
       HR
       14. The Senate bill, but not the House amendment, includes 
     references for applicable funding for the Small, Rural, 
     Schools Achievement program.
       HR with an amendment to strike ``Part G of Title V'' and 
     insert ``[subpart 3 of Part E of Title IV]''
       15. The House amendment redesignates section 6212 as 
     section 1231 of chapter A of subpart 5 of Part A of Title I.
       LC
       16. The House amendment specifies a 0.6 of 1 percent 
     reservation for the Small, Rural Schools Achievement program. 
     The Senate bill includes no such reservation, but authorizes 
     funds to be spent equally between subparts 1 and 2 of Part B 
     of Title VI. See note 53.
       HR
       17. The Senate bill allows funding to be spent on 
     activities under Part A of Title II. The House amendment 
     allows funding to be spent on activities under all of Title 
     II.
       HR
       18. The Senate bill, but not the House amendment, allows 
     funding to be spent on activities under Part A or B of Title 
     IV.
       HR with an amendment to strike ``or Part B''
       19. The Senate bill, but not the House amendment, allows 
     funding to be spent on activities under Part G of Title V.
       HR with an amendment to strike ``Part G of Title V'' and 
     insert [``subpart 3 of Part E of Title IV'']
       20. The Senate bill, but not the House amendment, adds a 
     new paragraph (1) and heading.
       HR
       21. The Senate bill and House amendment make similar 
     modifications to this provision related to the amounts local 
     educational agencies receive, except the House amendment only 
     subtracts the total received under subpart 2 of Part A of 
     Title II and the Senate bill subtracts all funding for Part A 
     of Title II, Part A of Title IV, Part G of Title V. See note 
     14.
       LC
       22. The Senate bill, but not the House amendment, provides 
     a special determination for funding amounts for LEAs that are 
     members of an educational service agency.
       HR
       23. The Senate bill is restructured to include a new 
     subparagraph with a heading.
       HR
       24. The Senate bill, but not the House amendment, provides 
     a special rule for increased initial amounts subject to 
     appropriations.
       HR with an amendment to strike ``252'' and insert ``265''
       25. Both the Senate bill and House amendment include 
     similar hold harmless provisions, except the Senate bill 
     includes a section reference and the House amendment includes 
     different internal references. See note 11.
       LC
       26. The House amendment, but not the Senate bill, 
     redesignates subsection (d) as subsection (e).
       HR
       27. The Senate bill, but not the House amendment, requires 
     local educational agencies to administer an assessment 
     consistent with the requirements under section 1111(b)(2) of 
     such bill.
       SR on language. LC on structure.
       28. The House amendment redesignates subpart 2 of Part B of 
     Title VI as chapter B of subpart 5 of Part A of Title I.
       LC
       29. The House amendment redesignates section 6221 as 
     section 1235.
       LC
       30. The House amendment changes internal cross-references 
     to account for earlier restructuring of the program.
       LC
       31. The House amendment specifies a 0.6 of 1 percent 
     reservation for the Rural and Low-Income School program. The 
     Senate bill includes no such reservation, but authorizes 
     funds to be spent equally between subparts 1 and 2 of Part B 
     of Title VI. See note 55.
       HR
       32. The House amendment changes internal cross-references 
     to the eligibility and application section to account for 
     earlier restructuring of the program.
       LC
       33. The House amendment changes internal cross-references 
     to account for differences in bill structure.
       LC
       34. The House amendment redesignates section 6222 as 
     section 1236.
       LC
       35. The Senate bill describes that funds ``shall be used 
     for any of the following:'' The House amendment refers to 
     ``shall be used for activities authorized under any of the 
     following'' when describing how grant funds will be used.
       LC
       36. The Senate bill allows funding to be spent on 
     activities under part A ofTtitle II. The House amendment 
     allows funding to be spent on activities under all of Title 
     II.
       HR
       37. The Senate bill, but not the House amendment, allows 
     funding to be spent on activities under Part A of Title IV.
       HR
       38. The Senate bill, but not the House amendment, allows 
     funding to be spent on parental involvement activities.
       HR
       39. The Senate bill, but not the House amendment, allows 
     funding to be spent on activities under Part G of Title V.
       LC
       40. The House amendment redesignates section 6223 as 
     section 1237.
       LC
       41. The Senate bill and House contain identical language 
     for general information, except for references to ``chapter'' 
     and ``subpart''.
       LC
       42. The Senate bill requires program objectives and 
     outcomes for how students will meet State academic standards. 
     The House amendment does not, but requires a description of 
     how the SEA, specially qualified agency, or LEA will use 
     funds to help students meet academic standards.
       HR
       43. The Senate bill includes the word ``challenging'' as it 
     relates to State academic standards.
       HR
       44. The Senate bill and House amendment are identical, 
     except for section references to account for a different 
     structure.
       LC
       45. The House amendment redesignates section 6224 as 
     section 1238.
       LC
       46. The Senate bill, but not the House amendment, requires 
     that `if the report is submitted by the SEA, then it must 
     describe the methods and criteria the SEA will use to award 
     grants to LEAs. The House amendment requires the report to 
     describe the methods and criteria the SEA or specially 
     qualified agency will use to award grants to LEAs.
       HR
       47. The Senate bill, but not the House amendment, refers to 
     ``objectives and outcomes'' when describing how progress has 
     been met in meeting State standards.
       HR
       48. The Senate bill refers to ``challenging State academic 
     standards''. The House amendment refers to ``State academic 
     standards''.
       HR
       49. The Senate bill requires a summary report to be 
     prepared by the Secretary of Education and submitted to 
     Congress. The House amendment does not contain this 
     provision.
       SR
       50. The Senate bill, but not the House amendment, updates a 
     cross reference to section 1111.
       SR on language. LC on structure.
       51. Both the Senate bill and House amendment contain 
     virtually identical provisions related to choice of 
     participation, except for different section references.
       LC
       52. The House amendment redesignates section 6231 as 
     section 1241 and makes technical changes to update section 
     references.
       LC
       53. The House amendment redesignates section 6233 as 
     section 1242 and makes technical changes to update section 
     references.

[[Page H8613]]

       LC
       54. The House amendment redesignates section 6234 as 
     section 1243 and makes technical changes to update section 
     references.
       LC
       55. The Senate bill authorizes ``such sums'' as may be 
     necessary for reach of the fiscal years 2016 through 2021. 
     The House amendment does not contain this provision for 
     authorizations of appropriations.
       HR with amendment to strike ``such sums as may be necessary 
     for each of the fiscal years 2016 through 2021'' and insert 
     ``$169,840,000 for each of the fiscal years 2017 through 
     2020''
       56. The Senate bill maintains and makes a minor change to a 
     prohibition on Federal mandates, direction or control that 
     applies to Title VI. The House amendment does not include 
     this provision as it applies specifically to Title VI, but 
     includes similar provisions in the general provisions of the 
     Act.
       HR
       57. The Senate bill maintains the rule of construction on 
     equalized spending. The House amendment includes this 
     language in the general provisions of Title I to reflect the 
     restructuring in the House amendment.
       LC
       58. The Senate bill, but not the House amendment, includes 
     a review relating to rural local educational agencies at the 
     Department of Education.
       HR to strike and replace with the following:

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

       (a) Review and Report.--Not later than 18 months after the 
     date of enactment of this Act, the Secretary of Education 
     shall--
       (1) review the organization, structure, and process and 
     procedures of the Department of Education for administering 
     its programs and developing policy and regulations, in order 
     to--
       (A) assess the methods and manner through which, and the 
     extent to which, the Department of Education takes into 
     account, considers input from, and addresses the unique needs 
     and characteristics of rural schools and rural local 
     educational agencies; and
       (B) determine actions that the Department of Education can 
     take to meaningfully increase the consideration and 
     participation of rural schools and rural local educational 
     agencies in the development and execution of the processes, 
     procedures, policies, and regulations of the Department of 
     Education;
       (2) make public a preliminary report containing the 
     information described under paragraph (1) and provide 
     Congress and the public with 60 days to comment on the 
     proposed actions under paragraph (1)(B); and
       (3) taking into account comments submitted under paragraph 
     (2), issue a final report to the Committee on Health, 
     Education, Labor, and Pensions of the Senate, which shall 
     describe the final actions developed pursuant to paragraph 
     (1)(B).
       (b) Implementation.--Not later than 2 years after the date 
     of enactment of this Act, the Secretary of Education shall--
       (1) implement each action described in the report under 
     subsection (a)(3); or
       (2) provide a written explanation to the Committee on 
     Health, Education, Labor, and Pensions of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives of why the action was not carried out.
    TITLE VII--AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN 
                               EDUCATION
       LC
       0. remove references to Alaska Native in current law since 
     they are included in the definition of Indian.
       1. The Senate bill and House amendment have these programs 
     in different titles. Senate is Title VII; House is Title V.
       HR/SR with an amendment to redesignate Title VII as Title 
     VI
       2. The Senate bill and House amendment have different title 
     headings.
       HR
       3. The Senate bill and House amendment have different 
     section headings.
       HR
       4. The House amendment, but not the Senate bill, includes 
     sentence at the end further clarifying the policy of the 
     United States.
       SR
       5. The Senate bill and House amendment have different 
     section numbers.
       LC
       6. The Senate bill and House amendment have similar 
     paragraphs (1) but wording is slightly different.
       SR with an amendment to strike ``State student academic 
     achievement standards'' and insert ``the challenging State 
     academic standards, consistent with section 1111(b)(1)''
       7. The Senate bill uses term ``American Indian'' in (2) and 
     (3) where House amendment uses ``Indian''.
       SR
       8. The Senate bill includes ``principals'' in (3).
       SR with amendment to strike ``school leaders'' and insert 
     ``principals, other school leaders''
       8a. The House amendment includes ``culturally 
     appropriate''.
       SR
       8b. The Senate bill includes ``supports'' in (3).
       HR
       9. The House amendment, but not the Senate bill, includes 
     ``Indian tribes and organizations and other entities''.
       SR
       10. The Senate bill and House amendment are similar except 
     for different structures of purpose statement.
       LC
       11. The Senate bill says ``that are designed to meet the 
     unique . . .'' and the House amendment says ``by providing 
     for their unique''
       HR
       12. The Senate bill includes ``challenging'' and section 
     1111 reference as it relates to standards.
       HR
       13. The House amendment, but not the Senate bill, includes 
     ``(3) Indian organization; and (4) Alaska Native 
     Organizations.''
       HR with amendment to insert in paragraph (2) ``as provided 
     under (c)(1)'' after ``Indian tribes'' and to insert a new 
     paragraph (3) ``Indian organization as provided under 
     (c)(1)''
       14. The Senate bill, but not the House amendment, includes 
     paragraph (3) regarding consortia arrangements.
       HR with amendment to redesignate (3) as (4) and insert 
     ``will'' before ``receive the''
       15. The Senate bill, but not the House amendment, adds 
     `Subject to paragraph (2)''.
       HR
       16. The Senate bill, but not the House amendment, includes 
     paragraph (2) regarding cooperative agreements.
       HR
       17. The Senate bill and House amendment have different 
     titles for subsection (c).
       HR
       18. The House amendment, but not the Senate bill, includes 
     Alaska Native Organizations and specifically mentions Alaska 
     Native children.
       HR
       19. The Senate bill, but not the House amendment, sets 
     representation threshold at more than one-half of eligible 
     children and House amendment sets it at not less than one-
     third.
       HR
       20. The Senate bill, but not the House amendment, includes 
     paragraph (2) regarding unaffiliated Indian tribes.
       SR
       21. The House amendment, but not the Senate bill, includes 
     Alaska Native Organization after Indian Organization in House 
     amendment (2)(A) and (B)
       HR
       22. The Senate bill refers to ``such tribe, Indian 
     organization or consortium'' and the House amendment refers 
     to ``such applicant'' in (A).
       LC
       23. The House amendment strikes section 7118(c) referenced 
     in Senate bill (3)(B) and updates section references.
       HR
       24. House amendment includes paragraph (3) regarding 
     eligibility.
       HR
       25. The Senate bill, but not the House amendment, includes 
     subparagraph (4).
       HR
       26. The House amendment, but not the Senate bill, adds 
     Alaska Native Organizations and Alaska Native throughout (d).
       HR
       27. The Senate bill and House amendment refer to different 
     subsections in paragraph (2) based on bill structure.
       LC
       28. The Senate bill and House amendment have different 
     entities listed in (A).
       HR with an amendment to add ``and families members'' after 
     ``parents''.
       29. The House amendment, but not the Senate bill, include 
     Alaska Natives in (B) and (C).
       HR
       30. The House amendment, but not the Senate bill, adds 
     ``administrative'' to capacity in (D).
       SR
       31. The Senate bill, but not the House amendment, adds a 
     provision on consortia.
       SR
       32. The House amendment, but not the Senate bill, removes a 
     reference to current law 7118(c) from the special rule.
       HR
       33. The Senate bill, but not the House amendment, adds 
     language regarding Indian tribes or consortia for application 
     purposes.
       HR
       34. The House amendment, but not the Senate bill, adds 
     ``Alaska Native'' in subsection (b)
       HR
       35. The Senate bill has ``supports''. The House amendment 
     has ``is consistent with''.
       SR
       36. The Senate bill has ``program objectives and 
     outcomes''. The House amendment has ``academic content'' and 
     ``student academic achievement goals'' for (B).
       HR
       37. The Senate bill, but not the House amendment, includes 
     ``tribe or consortium'' and slightly modifies last line of 
     paragraph (3).
       HR
       38. The House amendment, but not the Senate bill, adds 
     Alaska Native throughout paragraph (5).
       HR
       39. The House amendment, but not the Senate bill, adds 
     subparagraph (C).
       HR
       40. The Senate bill and House amendment include different 
     language for clause (iii).
       HR
       41. The Senate bill adds a reference to FERPA.
       HR
       42. The Senate bill and House amendment include different 
     language for paragraph (7)

[[Page H8614]]

       HR with an amendment to insert ``meaningfully'' before 
     ``collaborate'' and insert ``in a timely, active, and ongoing 
     manner'' before ``in the development''.
       43. The Senate bill, but not the House amendment, adds 
     ``activities consistent with those'' after ``services.''
       SR
       44. The House amendment, but not the Senate bill, adds 
     ``Alaska Native students''.
       HR
       45. The Senate bill, but not the House amendment, adds 
     ``meet program objectives''.
       HR
       46. The House amendment, but not the Senate bill, adds 
     ``Alaska Native'' in subparagraph (B).
       HR
       47. The Senate bill, but not the House amendment, has 
     geographic specification for consultation requirements.
       HR
       48. The House amendment, but not the Senate bill, adds 
     Indian organization and Alaska Native organization and 
     removes ``if appropriate'' before secondary school students.
       HR with an amendment to insert ``, Indian 
     organizations,'''' after ``in such school''
       49. The Senate bill inserts ``family members'' after 
     ``parents'' in (A)(i) and (B). The House amendment replaces 
     ``parents'' with ``family members'' in both places.
       HR
       50. The Senate bill, but not the House amendment, adds 
     Senate (ii) related to geographic representation.
       HR
       51. The House amendment, but not the Senate bill, removes 
     ``if appropriate'' and adds ``and Alaska Native'' after 
     ``students'' in clause (iii)
       HR
       52. The House amendment, but not the Senate bill, adds 
     Alaska Native to (B).
       HR
       52a. The Senate bill, but not the House amendment, adds 
     ``representatives of Indian tribes''.
       SR
       53. The Senate bill, but not the House amendment, adds 
     ``family members'' to (C).
       HR with an amendment to strike ``that'' and insert ``the 
     local educational agency'' and move amended paragraph (4)(C) 
     to the end of subsection (c) as a new paragraph (8) and 
     redesignate (4)(D) as the new (4)(C) and (4)(E) as the new 
     (4)(D)
       54. The Senate bill, but not the House amendment, strikes 
     ``and'' in (D)(ii).
       SR
       55. The House amendment, but not the Senate bill, adds 
     (D)(iii).
       SR
       56. The Senate bill, but not the House amendment, adds 
     subparagraph (F) for determining the unique needs of Indian 
     students.
       SR
       57. The Senate bill, but not the House amendment, requires 
     the LEA to coordinate activities with other Federal programs.
       HR
       58. The House amendment and the Senate bill contain similar 
     provisions related to outreach to family members, except the 
     House amendment includes ``adequate'' and contains different 
     cross-references.
       HR
       59. The Senate bill and the House amendment contain a 
     provision related to using the funds only for activities 
     authorized under this subpart.
       LC
       60. The Senate bill, but not the House amendment, includes 
     a subsection for outreach.
       SR
       61. The Senate bill, but not the House amendment, includes 
     a subsection for technical assistance.
       HR with an amendment to read as follows:
       (e) Technical Assistance.--The Secretary shall, directly or 
     by contract, provide technical assistance to a local 
     educational agency or Bureau of Indian Education school upon 
     request (in addition to any technical assistance available 
     under other provisions of this Act or available through the 
     Institute of Education Sciences) to support the services and 
     activities provided under this subpart, including technical 
     assistance for--
       (1) the development of applications under this subpart, 
     including identifying eligible entities that have not applied 
     for such grants and undertake appropriate activities to 
     encourage such entities to apply for grants under this 
     subpart;
       (2) improvement in the quality of implementation, content, 
     and evaluation of activities supported under this subpart; 
     and
       (3) integration of activities under this subpart with other 
     educational activities carried out by the local educational 
     agency.';
       62. The Senate bill, but not the House amendment, amends 
     paragraph (2) by inserting language related to 
     responsiveness.
       SR with an amendment to strike ``with special regard for'' 
     and insert ``to be responsive to''
       63. The House amendment, but not the Senate bill, adds 
     ``immersion'' in paragraph (1).
       HR
       64. The Senate bill, but not the House amendment, adds 
     ``high-quality'' in paragraph (3).
       SR
       65. In paragraph (4), the House amendment includes academic 
     content. The Senate bill references 1111(b).
       HR
       66. The Senate bill and House amendment have different 
     language with similar meaning for paragraph (5).
       HR
       67. The House amendment and Senate bill contain different 
     cross-references.
       LC
       68. The House amendment, but not the Senate bill, inserts a 
     new paragraph, House (10), for relevant curriculum.
       HR
       69. The Senate bill, but not the House amendment, includes 
     more specific parameters for dropout prevention programs in 
     Senate (12).
       SR
       70. The House amendment combines Senate (A) and (B) to 
     House (14).
       SR
       71. The Senate bill and House amendment contain different 
     cross-references.
       LC
       72. The Senate bill and House amendment have similar 
     language for paragraph (3), except the House amendment 
     includes more specific language.
       SR
       73. The Senate bill and the House amendment refer to 
     different bill titles.
       LC
       74. The Senate bill and House amendment use different bill 
     titles.
       LC
       75. The Senate bill, but not the House amendment, provides 
     for report every five years.
       SR
       76. The Senate bill, but not the House amendment, specifies 
     different report contents.
       HR/SR to strike.
       77. The House amendment, but not the Senate bill, includes 
     a final report.
       HR/SR to strike.
       78. The House amendment, but not the Senate bill, adds 
     paragraph (6) regarding data privacy.
       SR
       79. The Senate bill, but not the House amendment, includes 
     current law subsection (d) related to Forms and Standards of 
     Proof.
       SR
       80. The Senate bill and House amendment have different 
     subsection references and titles.
       SR
       81. The Senate bill and House amendment have different 
     paragraph titles and section references within.
       LC
       82. The Senate bill and House amendment refer to different 
     bill titles.
       LC
       83. The House amendment and Senate bill have different 
     subsection letters. See note 82.
       LC
       84. The Senate bill, but not the House amendment, adds a 
     subsection for technical assistance.
       SR
       85. The Senate bill updates subsection (c) to reflect 
     changes later in the bill. The House amendment strikes 
     subsection (c).
       HR
       86. The House amendment and Senate bill contain different 
     subsection letters to reflect prior House amendment changes.
       LC
       87. The Senate bill and House amendment have different 
     section header titles.
       HR
       88. The Senate bill, but not the House amendment, rewrites 
     language regarding Tribal Colleges and Universities.
       HR
       89. The House amendment, but not the Senate bill, adds 
     Alaska Native organization.
       HR
       90. The House amendment, but not the Senate bill, removes 
     ``core academic'' before ``subjects''.
       SR
       91. The Senate bill, but not the House amendment, adds 
     ``youth'' after ``children'' in paragraph (D) and (E).
       HR
       92. The House amendment, but not the Senate bill, includes 
     ``youth'' after children. There are slight wording 
     differences between the Senate bill and the House amendment.
       SR with an amendment to strike ``high quality''
       93. The Senate bill, but not the House amendment, changes 
     ``tribal leaders'' to ``traditional leaders'' and inserts 
     ``youth''
       HR
       94. The Senate bill's paragraph (2) is located in the House 
     amendment's subparagraph (M), since the House amendment 
     restructured the bill.
       SR
       95. The Senate bill includes this as paragraph (1)(M), and 
     it is (1)(N) in the House amendment.
       SR
       96. The Senate bill, but not the House amendment, changes 
     the grant award initial period to three years.
       HR
       97. The Senate bill, but not the House amendment, adds 
     ``family'' after ``parents'' in clause (i).
       HR
       98. The Senate bill includes ``evidence demonstrating that 
     the proposed program is an evidence-based program''. The 
     House amendment includes ``information demonstrating that the 
     proposed program is a scientifically based research 
     program''.
       HR with an amendment to strike ``evidence'' and inserting 
     ``information''.
       99. The Senate bill, but not the House amendment, includes 
     a new subsection regarding continuation.
       HR
       100. The Senate bill and House amendment have different 
     section numbers.

[[Page H8615]]

       LC
       101. The Senate bill titles the subsection ``Purpose'' 
     rather than the House amendment title of ``Purposes.''
       SR
       102. The Senate bill makes ``purposes of the section'' 
     singular rather than plural in the House amendment.
       SR
       103. The Senate bill has ``or Alaska Native teachers'' in 
     paragraph (1). The House amendment has ``and Alaska Native 
     teachers''.
       SR
       104. The Senate bill has ``and support'' after ``provide 
     training.''
       HR with an amendment to insert ``pre- and in-service'' 
     before ``training''
       105. The House amendment has ``and Alaska Native 
     individuals'' after ``Indian''. The Senate bill has ``or 
     Alaska Native individuals.''
       LC. See note 0.
       106. The Senate bill includes ``to enable such individuals 
     to become effective teachers, principals, other school 
     leaders, administrators, teacher aides, counselors, social 
     workers, and specialized instructional support personnel'' 
     after ``individuals''. The House amendment says ``to become 
     educators and education support service professionals'' after 
     ``individuals.''
       HR with an amendment to strike ``teacher aides'' and insert 
     ``paraprofessionals''
       107. The Senate bill, but not the House amendment, adds 
     ``or Alaska Native.''
       LC. See note 0.
       108. The Senate bill, but not the House amendment, adds a 
     new paragraph regarding teacher retention.
       HR with an amendment to strike ``the workforce without the 
     need for postsecondary remediation'' and insert `` 
     employment''
       109. The Senate bill and House amendment have different 
     types of institutions included after ``institution of higher 
     education''.
       HR
       110. The Senate bill, but not the House amendment, requires 
     the Bureau schools to be in a consortium, where feasible.
       HR
       111. The Senate bill, but not the House amendment, adds 
     ``or Alaska Native'' to paragraph (1).
       LC. See note 0.
       112. The Senate bill and House amendment structure 
     authorized activities differently.
       LC
       113. The Senate bill adds ``education'' after 
     ``continuing'' in (A).
       HR
       114. The Senate bill, but not the House amendment, includes 
     a subparagraph on teacher mentoring.
       HR with an amendment to strike ``tribal elders'' and insert 
     ``traditional leaders''
       115. The Senate bill, but not the House amendment, includes 
     additional subparagraphs (C) and (D).
       HR with an amendment to strike ``tribal elders'' and insert 
     ``traditional leaders''
       116. The Senate bill, but not the House amendment, includes 
     a subparagraph regarding continuation.
       HR
       117. The Senate bill and House amendment have different 
     application requirements.
       HR with an amendment to strike ``, in such manner, and 
     accompanied by such information'' and insert ``and in such 
     manner''
       118. The Senate bill, but not the House amendment, sets 
     minimum standards.
       HR
       119. The Senate bill, but not the House amendment, adds an 
     optional priority for tribally chartered and federally 
     chartered institutions of higher education.
       HR
       120. The Senate bill strikes House amendment subparagraphs 
     (A) and (B) and inserts ``basis of the length of any period 
     for which the eligible entity has received a grant'', which 
     is similar to House amendment subparagraph (B). The Senate 
     bill removes references to previous grants.
       HR with amendment to strike ``tribally chartered and 
     federally chartered IHEs'' and insert ``Tribal Colleges and 
     Universities''
       121. The Senate bill and House amendment have different 
     grant award year structures.
       HR
       122. The Senate bill, but not the House amendment, 
     specifies students in a local educational agency that serves 
     a high proportion of Indian or Alaska Native students rather 
     than ``people'' in the House amendment.
       HR. See note 0.
       123. The House amendment, but not the Senate bill, includes 
     a section for tribal education agencies cooperative 
     agreements.
       HR
       124. The House amendment, but not the Senate bill, removes 
     a reference to the authorization section.
       LC
       125. The House amendment, but not the Senate bill, adds 
     Alaska Native in paragraph (1) and replaces ``education'' 
     with ``improving academic achievement and development''.
       HR
       126. The House amendment, but not the Senate bill, strikes 
     paragraph (2) and renumbers accordingly.
       HR
       127. The House amendment, but not the Senate bill, strikes 
     explicit reference to IES and changes to ``appropriate 
     offices'' and removes qualifying language related to the 
     purpose of the research activities.
       HR
       128. The House amendment adds a reference to the he 
     ``Office of Educational Research and Improvement'' and the 
     BIE.
       HR with an amendment to insert ``the Bureau of Indian 
     Education,'' after ``Office of Indian Education Programs,''
       129. The House amendment, but not the Senate bill, strikes 
     current law secs. 7132, 7133, 7134.
       SR
       130. The House amendment creates a Native language program 
     in Section 5132 and the Senate bill creates a Native language 
     immersion program in Part D.
       HR/SR with an amendment to insert the following and move to 
     Sec.  XXX:

     SEC. XXX. NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE 
                   IMMERSION SCHOOLS AND PROGRAMS.

       (a) Purposes.--The purposes of this subsection are--
       (1) to establish a grant program to support schools that 
     use Native American and Alaska Native languages as the 
     primary language of instruction;
       (2) to maintain, protect, and promote the rights and 
     freedom of Native Americans and Alaska Natives to use, 
     practice, maintain, and revitalize their languages, as 
     envisioned in the Native American Languages Act (25 U.S.C. 
     2901 et seq.); and
       (3) to support the Nation's First Peoples' efforts to 
     maintain and revitalize their languages and cultures, and to 
     improve educational opportunities and student outcomes within 
     Native American and Alaska Native communities.
       (b) Program Authorized.--
       (1) In general.--From funds reserved under subsection XXX 
     (National Activities for Title VI), the Secretary shall make 
     grants to eligible entities to develop and maintain, or to 
     improve and expand, programs that support schools, including 
     elementary and secondary school education sites and streams, 
     using Native American and Alaska Native languages as the 
     primary language of instruction.
       (2) Eligible entities.--In this subsection, the term 
     `eligible entity' means any of the following entities that 
     has a plan to develop and maintain, or to improve and expand, 
     programs that support the entity's use of Native American or 
     Alaska Native languages as the primary language of 
     instruction:
       (A) An Indian tribe.
       (B) A Tribal College or University (as defined in section 
     316 of the Higher Education Act of 1965).
       (C) A tribal education agency.
       (D) A local educational agency, including a public charter 
     school that is a local educational agency under State law.
       (E) A school operated by the Bureau of Indian Education.
       (F) An Alaska Native Regional Corporation (as defined in 
     section 3 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1602)).
       (G) A private, tribal, or Alaska Native nonprofit 
     organization.
       (c) Application.--
       (1) In general.--An eligible entity that desires to receive 
     a grant under this subsection shall submit an application to 
     the Secretary at such time and in such manner as the 
     Secretary may require, including the following:
       (A) The name of the Native American or Alaska Native 
     language to be used for instruction at the school supported 
     by the eligible entity.
       (B) The number of students attending such school.
       (C) The number of present hours of instruction in or 
     through 1 or more Native American or Alaska Native languages 
     being provided to targeted students at such school, if any.
       (D) A description of how the applicant will--
       (i) use the funds provided to meet the purposes of this 
     part;
       (ii) implement the activities described in [subsection] 
     (e);
       (iii) ensure the implementation of rigorous academic 
     content; and
       (iv) ensure that students progress towards high-level 
     fluency goals.
       (E) Information regarding the school's organizational 
     governance or affiliations, including information about--
       (i) the school governing entity (such as a local 
     educational agency, tribal education agency or department, 
     charter organization, private organization, or other 
     governing entity);
       (ii) the school's accreditation status;
       (iii) any partnerships with institutions of higher 
     education; and
       (iv) any indigenous language schooling and research 
     cooperatives.
       (F) An assurance that--
       (i) the school is engaged in meeting State or tribally 
     designated long term goals for students, as may be required 
     by applicable Federal, State, or tribal law;
       (ii) the school provides assessments of students using the 
     Native American or Alaska Native language of instruction, 
     where possible;
       (iii) the qualifications of all instructional and 
     leadership personnel at such school is sufficient to deliver 
     high-quality education through the Native American or Alaska 
     Native language used in the school; and
       (iv) the school will collect and report to the public data 
     relative to student achievement and, if appropriate, rates of 
     high school graduation, career readiness, and enrollment in 
     postsecondary education or workforce development programs, of 
     students who are enrolled in the school's programs.

[[Page H8616]]

       (2) Limitation.--The Secretary shall not give a priority in 
     awarding grants under this part based on the information 
     described in paragraph (1)(E).
       (3) Submission of certification.--
       (A) In general.--An eligible entity that is a public 
     elementary school or secondary school (including a public 
     charter school) or a non-tribal for-profit or nonprofit 
     organization shall submit, along with the application 
     requirements described in paragraph (1), a certification 
     described in subparagraph (B) indicating that the school has 
     the capacity to provide education primarily through a Native 
     American or Alaska Native language and that there are 
     sufficient speakers of the target language at the school or 
     available to be hired by the school.
       (B) Certification.--The certification described in 
     subparagraph (A) shall be from one of the following entities, 
     on whose land the school is located, that is an entity served 
     by such school, or that is an entity whose members (as 
     defined by that entity) are served by the school:
       (i) A Tribal College or University (as defined in section 
     316 of the Higher Education Act of 1965).
       (ii) A federally recognized Indian tribe or tribal 
     organization.
       (iii) An Alaska Native Regional Corporation or an Alaska 
     Native nonprofit organization.
       (iv) A Native Hawaiian organization.
       (d) Awarding of Grants.--In awarding grants under this 
     subsection, the Secretary shall--
       (1) determine the amount of each grant and the duration of 
     each grant, which shall not exceed 3 years; and
       (2) ensure, to the maximum extent feasible, that diversity 
     in languages is represented.
       (e) Activities Authorized.--
       (1) Required activities.--An eligible entity that receives 
     a grant under this subsection shall use such funds to carry 
     out the following activities:
       (A) Supporting Native American or Alaska Native language 
     education and development.
       (B) Providing professional development for teachers and, as 
     appropriate, staff and administrators to strengthen the 
     overall language and academic goals of the school that will 
     be served by the grant program.
       (2) Allowable activities.--An eligible entity that receives 
     a grant under this section may use such funds to carry out 
     the following activities:
       (A) Developing or refining curriculum, including teaching 
     materials and activities, as appropriate.
       (B) Creating or refining assessments written in the Native 
     American or Alaska Native language of instruction that 
     measure student proficiency and that are aligned with State 
     or tribal academic standards.
       (C) Carrying out other activities that promote the 
     maintenance and revitalization of the Native American or 
     Alaska Native language relevant to the grant program.
       (f) Report to Secretary.--Each eligible entity that 
     receives a grant under this part shall prepare and submit an 
     annual report to the Secretary which shall include--
       (i) The activities the entity carried out to meet the 
     purposes of this subsection; and
       (ii) The number of children served by the program and the 
     number of instructional hours in the Native American or 
     Alaska Native language;
       (g) Administrative Costs.--Not more than 5 percent of the 
     funds provided to a grantee under this section for any fiscal 
     year may be used for administrative purposes.
       131. The House amendment and Senate bill have different 
     purposes.
       See note 130.
       132. The Senate bill includes a general purpose statement 
     for grants awarded.
       See note 130.
       133. The House amendment and Senate bill have different 
     eligible entities.
       See note 130.
       134. The Senate bill and House amendment authorize 
     different activities.
       See note 130.
       135. The Senate bill, but not the House amendment, contains 
     specific application requirements and limitations.
       See note 130.
       136. The Senate bill and the House amendment contain 
     similar certification requirements.
       See note 130.
       137. The Senate bill authorizes grants for three years. The 
     House amendment authorizes grants for five years.
       See note 130.
       138. The Senate bill, but not the House amendment, requires 
     the Secretary to try to ensure diversity of languages in the 
     grant awards.
       See note 130.
       139. The House amendment, but not the Senate bill, contains 
     a definition of ``average''.
       See note 130.
       140. The House amendment, but not the Senate bill, contains 
     a provision related to administrative costs.
       See note 130.
       141. The Senate bill, but not the House amendment, requires 
     grantees to submit an annual report to the Secretary.
       See note 130.
       142. The Senate bill, but not the House amendment, 
     authorizes such sums for fiscal years 2016 through 2021.
       See note 130.
       143. The Senate bill and House amendment have different 
     section numbers.
       LC
       144. The Senate bill and House amendment have different 
     titles.
       HR
       145. The Senate bill and House amendment have different 
     purposes for the grant program.
       HR
       146. The Senate bill and House amendment have different 
     structure. The Senate bill, but not the House amendment, 
     includes definitions and makes Tribal Educational Agencies 
     eligible.
       HR
        147. The Senate bill, but not the House amendment, makes a 
     technical edit to provide for an earlier provision in the 
     Senate bill.
       HR
       148. The Senate bill terminates the grant after three 
     years. The House amendment allows for a three year renewal 
     after the initial three year grant.
       HR
       149. The Senate bill, but not the House amendment, includes 
     a number of uses of funds.
       HR with an amendment to strike ``, subject to the approval 
     of the Secretary.'' and insert ``consistent with the purposes 
     of this section.'' after ``carry out other activities,''
       150. The Senate bill and House amendment have slightly 
     different wording in paragraph (1).
       HR with an amendment to strike ``, in such manner, 
     containing such information and consistent with such 
     criteria,'' and insert ``and in such manner''
       151. The Senate bill, but not the House amendment, adds a 
     new subparagraph for evidence of agreement or capacity.
       HR
       152. The Senate bill and House amendment have slightly 
     different wording in paragraph (3).
       HR with an amendment to strike ``only'' and ``Secretary is 
     satisfied that such''
       153. The Senate bill, but not the House amendment, strikes 
     the clause in subparagraph (C) from ``except that the 
     availability'' and all that follows.
       HR
       154. The Senate bill and House amendment reference 
     different sections of the Educational Amendments of 1978.
       HR
       155. The Senate bill, but not the House amendment, 
     prohibits funds from being used for direct services.
       HR
       156. The Senate bill, but not the House amendment, includes 
     a subsection regarding supplementing, not supplanting funds.
       HR
       157. The House amendment, but not the Senate bill, strikes 
     sec. 7136 of current law.
       SR
       158. The Senate bill, but not the House amendment, adds the 
     Secretary of the Interior to be advised by the council.
       HR
       159. The House amendment, but not the Senate bill, makes 
     references to the definition of Alaska Native in Sec.  5206. 
     The Senate bill states ``(D) an Eskimo, Aleut, or other 
     Alaska Native''.
       HR. See note 0.
       160. The House amendment, but not the Senate bill, adds a 
     definition for ``Alaska Native organization''.
       HR
       161. The Senate bill, but not the House amendment, adds a 
     definition of ``traditional leaders''.
       HR
       162. The Senate bill authorizes such sums through 2021. The 
     House amendment authorizes subpart 1 at $105,921,000 for each 
     year through 2019 and subparts 2 and 3 at $24,858,000 for 
     each year through 2019.
       SR with an amendment to insert the following:
       (a) in subsection (a), by striking ``$105,921,000 for each 
     of fiscal years 2016 through 2019'' and inserting 
     ``$100,381,000 for fiscal year 2017, $102,388,620 for fiscal 
     year 2018, $104,436,392 for fiscal year 2019, $106,525,120 
     for fiscal year 2020''
       (b) in subsection (b) by striking ``$24,858,000 for each of 
     fiscal years 2016 through 2019'' and insert ``$23,558,000 for 
     each of fiscal years 2017 through 2020''
       163. The House amendment moves the Alaska Native program to 
     Part B. The Senate bill includes this in Part C.
       HR
       164. The Senate bill, but not the House amendment, 
     references ``peoples'' after ``Alaska Native''.
       HR with an amendment to strike ``peoples''
       165. The Senate bill and House amendment have slight 
     wording differences in paragraph (6).
       HR/SR to strike the paragraph
       166. The Senate bill, but not the House amendment, includes 
     ``peoples'' after ``Alaska Native.''
       HR with an amendment to strike ``peoples''
       Report Language: ``It is the Conferees'' intent that the 
     term ``Alaska Native'' be inclusive of all indigenous groups 
     within Alaska and all Alaska Native peoples.''
       167. The Senate bill and House amendment have slight 
     wording differences in paragraph (6).
       HR with amendment to strike ``,and to ensure'' through the 
     period at the end of the sentence.
       168. The Senate bill and House amendment are similar, but 
     use different structure and different descriptions of 
     eligible entities.
       SR with an amendment to strike ``Alaska Native 
     Organizations'' through paragraph (2) and insert after 
     ``with,'' ``any of the following to carry out the purposes of 
     this part:

[[Page H8617]]

       (A) Alaska Native Organizations with experience operating 
     programs that fulfill the purposes of this part.
       (B) Alaska Native Organizations without such experience 
     that are in partnership with--
       (i) a State educational agency or a local educational 
     agency; or
       (ii) Alaska Native Organizations that operate programs that 
     fulfill the purposes of this part.
       (C) An entity located in Alaska, and predominately governed 
     by Alaska Natives, that does not meet the definition of an 
     Alaska Native Organization, under this part, provided that 
     the entity--
       (i) has experience operating programs that fulfill the 
     purposes of this part; and
       (ii) is granted an official charter or sanction, as 
     prescribed in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b), from at least one 
     Alaska Native tribe or Alaska Native tribal organization to 
     carry out programs that meet the purposes of this part.
       169. The Senate bill, but not the House amendment, adds 
     multi-year award continuations.
       HR
       170. The House amendment, but not the Senate bill, 
     stipulates mandatory and permissible activities must be 
     specifically in the elementary and secondary education 
     context.
       HR with an amendment to strike ``peoples''
       171. The Senate bill and House amendment are identical 
     except Senate adds Senate clause (iv).
       SR with amendment to insert ``that are culturally informed 
     and'' after ``materials that'' and ``, including curricula 
     intended to preserve and promote Alaska Native culture'' at 
     the end of (i).
       172. The Senate bill adds ``and incorporate . . .'' at the 
     end of (B)(i); the House amendment add comma between 
     ``understanding of'' and ``Alaska Natives''
       SR with an amendment to insert ``and improve their teaching 
     methods'' before the period at the end of (i).
       173. The Senate bill, but not the House amendment, includes 
     a subparagraph regarding early childhood parenting education 
     activities.
       HR
       174. The Senate bill and House amendment have different 
     subparagraph letters.
       LC
       175. The Senate bill, but not the House amendment, includes 
     ``and adults'' in Senate bill subparagraph (E).
       HR
       176. The Senate bill and House amendment are similar except 
     for different references to college and career ready in the 
     lead in.
       SR with an amendment to strike ``and prepare Alaska Native 
     students to be college and career ready upon graduation from 
     secondary school'' and insert ``enable Alaska Native students 
     served under this part to meet the challenging State academic 
     standards described in section 1111(b)(1) or'' after 
     ``Activities designed to''
       177. The House amendment includes commas after students and 
     the Senate bill says ``students and teachers''.
       HR with an amendment to strike ``peoples''
       178. The Senate bill and House amendment use different 
     sentence structure in subclause (II).
       LC
       179. The House amendment, but not the Senate bill, includes 
     a subclause instruction in Alaska Native history.
       HR with an amendment to insert ``history,'' after ``arts,'' 
     in subclause (II).
       180. The Senate bill, but not the House amendment, includes 
     a hyphen in Senate subclause (III).
       LC
       181. The House amendment, but not the Senate bill, requires 
     a focus on Alaska Native cultural preservation.
       SR
       182. The Senate bill, but not the House amendment, includes 
     several other uses.
       HR with an amendment to strike (V) and in (iii) to strike 
     ``holistic'' ``to enable such students to benefit from 
     supplemental programs offered'', ``, school climate, trauma, 
     safety and nonacademic learning'' and insert 
     ``comprehensive'' before ``school or community based'' and 
     ``trauma, and improve conditions for learning at home, in the 
     community, and at school.'' at the end.
       183. The Senate bill, but not the House amendment, includes 
     a subparagraph on immersion nests.
       HR with an amendment to strike (G) an insert ``, including 
     Native language immersion nests or schools'' after immersion 
     activities'' in (VI).
       Report Language: ``The Conferees intend that funds used to 
     support Native language immersion activities, immersion 
     schools and immersion nests may include the establishment or 
     operation of such activities, schools or nests. The Conferees 
     further intend that these immersion activities, schools, or 
     nests not be limited to high school programs but may include 
     a student's educational experience in elementary school or 
     middle school.''
       184. The Senate bill and House amendment have different 
     language with similar meaning in Senate (H) and House (F).
       HR
       184a. The Senate bill and House amendment have different 
     language with similar meaning in Senate (I) and House (G).
       HR
       185. The Senate bill and House amendment have slightly 
     different structure in Senate (J) and House (L).
       LC
       186. The Senate bill and House amendment have similar 
     intent, but different structure in Senate (K) and House (H).
       HR with an amendment to strike ``provide'' and all that 
     follows and insert `` increase connections between schools, 
     families and communities, including positive youth-adult 
     relationships, to promote the academic progress and positive 
     development of Alaska Native children and youth and improve 
     conditions for learning at home, in the community, and at 
     school.''
       187. The Senate bill and House amendment are similar, but 
     have different wording in Senate (M) and House (J).
       SR
       Report Language: ``It is the Conferees intent that the term 
     regional vocational schools include boarding schools, for 
     Alaska Native students in grades 9 through 12, or at higher 
     levels of education, that provide vocational or career and 
     technical education.''
       188. The Senate bill, but not the House amendment, includes 
     a subparagraph regarding other activities.
       HR
       189. The Senate bill, but not the House amendment, moves 
     this to Senate
       Sec.  7305.
       LC
       190. The Senate bill, but not the House amendment, strikes 
     this subsection.
       HR
       191. The Senate bill authorizes such sums through 2021. The 
     House amendment authorizes $33,185,000 each year through 
     2019.
       SR with an amendment to strike ``$33,185,000 for each of 
     fiscal years 2016 through 2019'' and insert ``$31,453,000 for 
     each of fiscal years 2017 through 2020''
       192. The Senate bill and House amendment have different 
     language related to program administration.
       HR
       193. The Senate bill, but not the House amendment, adds 
     additional clarifying language to the Alaska Native 
     definition.
       LC
       194. The Senate bill, but not the House amendment, adds 
     definition of ``Alaska Native tribe'' and ``Alaska Native 
     Tribal Organization''.
       SR
       195. The House amendment includes a definition of Alaska 
     Native organization.
       HR/SR with amendment to read as follows:
       (2) Alaska native organization.--The term ``Alaska Native 
     Organization'' means an organization that has or commits to 
     acquire expertise in the education of Alaska Natives and is--
       (A) an ``Indian tribe'' as defined in section 4 of the 
     Indian self-Determination and Education Assistance Act (25 
     U.S.C. 450b) that is an Indian tribe located in Alaska;
       (B) a ``tribal organization'' as defined in section 4 of 
     the Indian self-Determination and Education Assistance Act 
     (25 U.S.C. 450b) that is a tribal organization located in 
     Alaska; or
       (C) an organization listed in clauses (i) through (xii) of 
     section 419(B)(B) of the Social Security Act (42 U.S.C. 
     619(4)(B)(i)-(xii)), or the successor of an entity so listed;
       196. The Senate bill, but not the House amendment, contains 
     a definition of Alaska Native Regional Nonprofit Corporation.
       SR
       197. The Senate bill, but not the House amendment, adds a 
     section in improving collection, reporting, and analysis on 
     Indian student data.
       SR
       198. The Senate bill, but not the House amendment, includes 
     a new section require the Secretary of Education to do a 
     study on rural education in Indian country.
       SR
       199. The Senate bill, but not the House amendment, adds a 
     new section requiring a report on the response to Indian 
     suicides.
       HR
       200. The Senate bill and House amendment have the Native 
     Hawaiian program in different parts.
       HR
       201. The Senate bill and House amendment have different 
     findings and are in different sections.
       HR
       202. The Senate bill and House amendment have the purposes 
     in different sections.
       HR
       203. The House amendment, but not the Senate bill, includes 
     new language in (1) by adding ``implement, assess, and 
     evaluate'' and everything after ``educational programs''
       HR
       204. The House amendment, but not the Senate bill, strikes 
     ``direction in (2) and adds ``more effectively and 
     efficiently'' and ``on the development'' following. It also 
     strikes ``on Native Hawaiian education to provide periodic 
     assessments and data collection.
       HR
       205. The House amendment, but not the Senate bill, strikes 
     current law subparagraphs (3) and (4) and inserts a new (3).
       HR
       206. The Senate bill and House amendment have different 
     sections and section titles.
       LC. HR on title.
       207. The Senate bill and House amendment are identical 
     except the Senate uses numeral and the House amendment spells 
     out ``one'' and they refer differently to islands in (L).
       LC 
       208. The Senate bill and House amendment have slightly 
     different language for paragraph (4).

[[Page H8618]]

       HR
       209. The Senate bill and House amendment are identical 
     except the Senate bill adds ``of'' after coordination in 
     paragraph (1).
       HR
       210. The Senate bill, but not the House amendment, includes 
     reference to subsection (a) in subsection (d).
       LC
       211. The Senate bill and House amendment use different 
     references for activities in paragraph (2)(B).
       LC
       212. The Senate bill adds reference to Sec. 1111. The House 
     amendment adds ``student after ``State''.
       HR
       213. The Senate bill and House amendment are identical 
     except the House amendment spells out numbers and the Senate 
     bill uses figures.
       LC
       214. The Senate bill and House amendment contain different 
     section references.
       LC
       215. The House amendment, but not the Senate bill, provides 
     for a report.
       HR
       216. The Senate bill and House amendment have different 
     section numbers and different structures.
       HR
       217. The House amendment, but not the Senate bill, adds 
     ``in order to carry out programs . . . part'' and strikes 
     ``direct'' in subsection (a).
       HR
       218. The House amendment, but not the Senate bill, adds 
     ``education and workforce development'' in paragraph (3).
       HR
       219. The House amendment, but not the Senate bill, changes 
     to ``priority'' rather than ``priorities'' in subsection (b); 
     changes ``or'' to ``and entering into''; strikes ``carryout 
     activities described in paragraph (3)''; and strikes 
     ``entities proposing projects that are assigned to'' at the 
     end of subsection (b).
       HR
       220. The Senate bill and House amendment have different 
     priorities.
       HR
       221. The House amendment, but not the Senate bill, moves 
     authorization from Sec. 7205 to Sec. 5305.
       LC
       222. The House amendment authorizes $34,181,000 each year 
     through 2019. The Senate bill authorizes such sums through 
     2021.
       SR with amendment to read as follows:
       (a) In subsection (a) to strike $34,181,000 for each of 
     fiscal years 2016 through 2019'' and insert ``$32,397,000 for 
     each of fiscal years 2017 through 2020''
       (b) In subsection (b) to strike ``fiscal year after the 
     date of the enactment of the Student Success Act not less 
     than $500,000 for the grant to the Education Council under 
     section 5303.'' and insert ``of fiscal years 2017 through 
     2020 $500,000 to make a direct grant to the Education Council 
     to carry out section 6204''
       223. The Senate bill and House amendment have different 
     structure.
       HR
       224. The House amendment, but not the Senate bill, adds 
     ``high-quality early learning'' before ``services'' in 
     paragraph (1); strikes ``age 5'' and adds ``age of 
     kindergarten entry''.
       HR
       225. The House amendment, but not the Senate bill, strikes 
     clauses (i) and (ii) in current law. The House amendment, but 
     not the Senate bill, includes early care and education 
     programs as services that may be provided by family-based 
     education centers.
       HR
       226. The House amendment, but not the Senate bill, change 
     ``third grade'' to ``grade 3'' in paragraph (3) and changes 
     ``5th and 6th'' to ``Grades 5 and 6''.
       LC
       227. The House amendment, but not the Senate bill, adds 
     ``of such students'' to end of subparagraph (B).
       SR
       228. The Senate bill and House amendment have slight 
     wording differences in last clause of (7)(B), which is 
     (G)(ii) in current law.
       SR
       229. The House amendment, but not the Senate bill, adds 
     ``students, parents,'' before ``families'' in paragraph (8).
       SR
       230. The Senate bill and House amendment describe 
     subparagraph (A) differently and subparagraph (C) 
     differently.
       SR
       231. The House amendment, but not the Senate bill, adds 
     ``before'', ``summer'', ``expanded learning time'', and 
     ``weekend academies'' in subparagraph (B).
       SR
       232. The Senate bill and House amendment different on 
     wording in House (9) or current law (I).
       HR
       233. The House amendment, but not the Senate bill, strikes 
     current law (i), (iv), and (v) in paragraph (9).
       SR
       234. The House amendment, but not the Senate bill, includes 
     ``guidance'' in (B) and removes the reference to ``receiving 
     scholarship assistance''.
       SR
       235. The House amendment, but not the Senate bill, adds new 
     paragraph (C) regarding professional development activities.
       HR
       236. The House amendment, but not the Senate bill, strikes 
     current law (4) Special Rule and Conditions.
       SR
       237. The House amendment, but not the Senate bill, adds 
     subsection (d) Additional Activities.
       HR
       238. The House amendment, but not the Senate bill, adds 
     ``exception'' in references it in paragraph (1).
       HR
       239. The House amendment, but not the Senate bill, strikes 
     Sec. 7206 (b) special rule; adds new (b).
       HR
       240. The House amendment, but not the Senate bill, adds (c) 
     Supplement Not Supplant.
       HR
       241. The House amendment, but not the Senate bill, strikes 
     sec. 7207 Definitions.
       HR
       242. The Senate bill, but not the House amendment, adds 
     ``community consultation'' to definitions.
       HR

                         TITLE VIII--IMPACT AID

       1. The Senate bill includes amendments to the Impact Aid 
     program in Title VIII of the bill. The House amendment 
     includes all Impact Aid changes in Title IV.
       HR/SR with an amendment to redesignate Title VIII as Title 
     VII
       2. The Senate bill and House amendment are similar, except 
     the Senate bill includes ``same challenging'' in the 
     description of State academic standards.
       HR
       3. The Senate bill strikes the language in the FY 2013 
     National Defense Authorization Act requiring the changes made 
     to Impact Aid in the NDAA to be in place for only two years. 
     The Senate bill makes the Impact Aid changes in NDAA 
     permanent. The House amendment makes such change in 
     conforming amendments. See note 100.
       LC
       4. The Senate bill and House amendment are identical.
       LC
       5. The House amendment allows local educational agencies to 
     use facsimiles or productions of original records, or when 
     original records have been unintentionally destroyed, other 
     appropriate records to demonstrate that the value of the 
     Federal property in the local educational agency boundaries 
     is 10 percent or more of all the property in the boundaries 
     to determine eligibility for 8002 funds. The Senate bill 
     includes no such language.
       SR
       6. The House amendment updates a section reference to 
     reflect the changed structure of the bill. The Senate bill 
     makes no such change.
       LC
       7. The Senate bill amends the Special Rule used in 
     determining the taxable value for eligible federal property 
     shared by two local educational agencies to allow the 
     Secretary to calculate the value of such Federal property 
     using a specific formula. The House amendment includes no 
     such language.
       HR
       8. The Senate bill, but not the House amendment, adds new 
     eligibility requirements for local educational agencies 
     containing forest service land and serving certain counties 
     charted under state law.
       HR with an amendment to strike ``For each fiscal year'' and 
     all that follows through to the period.
       9. The Senate bill amends the special rule to enable local 
     educational agencies to meet the 10 percent federal property 
     eligibility requirements for 8002 funds if such agency was 
     eligible under the other eligibility requirements for 8002 
     funds on the day before enactment of the bill. The House 
     amendment amends the special rule to enable local educational 
     agencies to meet the 10 percent federal property eligibility 
     requirements for 8002 funds if records to determine such 
     eligibility were destroyed prior to 2000 and the agency 
     received funds in the previous year.
       SR with an amendment to strike FY 2014 and enter ``fiscal 
     year after the date of enactment''
       10. The House amendment, but not the Senate bill, enables 
     local educational agencies who have consolidated boundaries 
     with 2 or more former local educational agencies after 1938 
     to allow the Secretary to determine 8002 eligibility based on 
     the eligibility of two or more of the former districts.
       SR
       11. The House amendment, but not the Senate bill, includes 
     language to further specify the conditions a local 
     educational agency formed by the consolidation of 2 or more 
     former local educational agencies has to meet in order to be 
     eligible for 8002 funds.
       SR with an amendment to strike clause i and amend clause ii 
     to strike ``for FY 2016'' insert ``for the fiscal year 
     following enactment and each subsequent fiscal year.''
       12. The House amendment, but not the Senate bill, includes 
     language to specify the amount of funds a consolidated local 
     educational agency will be eligible to receive.
       SR
       13. The House amendment, but not the Senate bill, updates 
     section references to reflect the changed structure of the 
     bill.
       LC
       14. The Senate bill and House amendment are similar, except 
     the Senate bill applies the requirement to submit necessary 
     data for payment calculation to fiscal year 2010 and any 
     succeeding year and the House

[[Page H8619]]

     amendment applies such requirement to fiscal year 2010 
     through the fiscal year in which the House amendment is 
     authorized.
       HR
       15. The Senate bill and House amendment repeal subsection 
     (k) detailing special rules for local educational agencies in 
     South Dakota and Pennsylvania.
       LC
       16. The House amendment repeals eligibility requirements 
     for certain old and combined Federal property before 2000, 
     and certain Federal property after 2000. The Senate bill 
     maintains such requirements.
       SR
       17. The Senate bill redesignates subsections pursuant to 
     previous changes, and the House amendment similarly does so. 
     However, subsection (n) in the Senate bill is redesignated as 
     subsection (l), and in the House amendment, it is 
     redesignated as subsection (k)
       LC
       18. The House amendment, but not the Senate bill, updates a 
     reference in redesignated subsection (j) Prior Year Data.
       LC
       19. The Senate bill and House amendment are virtually 
     identical, except the Senate bill refers to the section to be 
     amended in a different way than the House amendment.
       LC
       20. The House amendment, but not the Senate bill, allows 
     local educational agencies, when calculating payments for 
     federally connected children, to include children enrolled in 
     the local educational agency due to open enrollment policies, 
     but not those enrolled in distance education programs who do 
     not live in the boundaries of the local educational agency.
       HR
       21. The Senate bill and House amendment language is 
     identical, except the Senate bill is structured slightly 
     differently.
       LC
       22. The House amendment, but not the Senate bill, updates 
     section references to reflect the changed structure of the 
     bill.
       LC
       23. The Senate bill and House amendment both repeal 
     subparagraph (E).
       LC
       24. The Senate bill and House amendment are the same in 
     structure with these Senate bill designations. See House 
     amendment redesignations in note 38.
       LC
       25. The Senate bill and House amendment are identical.
       LC
       26. The Senate bill, but not the House amendment, includes 
     an option for an LEA to be eligible under this subparagraph 
     if such LEA was eligible to receive a payment in FY 2013 and 
     is located in a State that by law has eliminated ad valorem 
     tax as LEA revenue.
       SR
       27. The Senate bill structures this subclause differently 
     than the House amendment. Under the Senate bill, an LEA is 
     eligible under this subclause if it meets the requirements of 
     items (aa) and (bb). Under item (bb), an LEA must meet the 
     requirements of either subitem (AA) or (BB). Under the House 
     amendment, an LEA is eligible under this subparagraph if it 
     meets the requirements of items (aa), (bb), and (cc).
       HR
       28. The Senate and House amendment are identical.
       LC
       29. The Senate bill and House amendment are identical on 
     tax rate. Note the reordering of this provision in the House 
     amendment to match the Senate structure.
       LC
       30. The Senate bill requires that, for eligibility 
     purposes, an LEA has at least a 30 percent enrollment of 
     federally connected children or at least a 20 percent 
     enrollment of federally connected children and for the 
     previous 3 years, a 65 percent enrollment of federally 
     connected children who are eligible for free or reduced price 
     lunch.
       HR
       31. The House amendment requires that, for eligibility 
     purposes, an LEA has at least a 20 percent enrollment of 
     federally connected children and for the previous 3 years, a 
     65 percent enrollment of federally connected children who are 
     eligible for free or reduced price lunch.
       HR
       32. The Senate bill requires, for eligibility purposes 
     under this subclause, an LEA to have not less than 5,000 
     federally connected students who live on federal property and 
     whose parents are either 1) employed on federal property 
     within the LEA grounds; 2) an official of a foreign 
     government; or 3) in active duty. The House amendment 
     requires an LEA to have at least 5,500 of such students.
       HR
       33. The Senate bill, but not the House amendment, includes 
     a subitem that requires, for eligibility purposes under this 
     subclause, an LEA to have a per-pupil expenditure (PPE) that 
     is less than the average PPE in the State where the LEA is 
     located or the average PPE of all 50 states (except that an 
     LEA with less than 350 students automatically meets this 
     requirement), and a tax rate of not less than 95 percent of 
     the tax rate of LEAs in the State.
       HR with an amendment to strike ``of'' and insert ``for 
     comparable'' in front of ``local educational agencies in the 
     State;'' and insert ``as provided for under paragraph 
     (2)(B)(II)(bb)'' after ``has a per-pupil expenditure''.
       34. The Senate bill and House amendment are identical in 
     describing loss of eligibility under this subparagraph.
       LC
       35. The Senate bill and House amendment are identical in 
     describing the circumstances for loss of eligibility under 
     this subparagraph if an LEA falls below the requirement to 
     tax at a rate of at least 95 percent of the average tax rate 
     of comparable LEAs in the State.
       LC
       36. The Senate bill, but not the House amendment, includes 
     a provision describing eligibility under this subparagraph 
     for LEAs that have been taken over by a State board of 
     education in the previous 2 years.
       HR
       37. The Senate bill and House amendment are identical in 
     describing circumstances around resumption of eligibility. 
     Note this language does not appear in the House amendment 
     because it was drafted as cut-and-bite.
       LC
       38. The Senate bill and House amendment are the same in 
     structure with these House amendment designations. See Senate 
     bill redesignations in note 24.
       LC
       39. The Senate bill and House amendment are the same in 
     describing the maximum amount for heavily impacted LEAs.
       LC
       40. The Senate bill, but not the House amendment, includes 
     a title for the clause, subclause, and item.
       LC
       41. The Senate bill and House amendment include the same 
     policy to describe the student weight of 0.55 for LEAs with 
     certain types of federally connected children. The House 
     amendment uses slightly different language to describe this 
     policy.
       LC
       42. The Senate bill and House amendment are similar, except 
     the Senate bill titles the item and adds ``and shall be 
     eligible for the student weight as provided for in item 
     (aa)'' at the end of the item to describe the student weights 
     for students in LEAs who meet the `exception' circumstances 
     where a 10 percent enrollment of certain federally connected 
     students is not required. The House amendment does not 
     include this language, but the policy is similar.
       HR
       43. The Senate bill and House amendment are virtually 
     identical in describing student weights for LEAs with less 
     than 100 federally connected children, except the Senate bill 
     titles the subclause.
       LC
       44. The Senate bill and House amendment are virtually 
     identical in describing student weights for LEAs with more 
     than 100 but less than 1000 federally connected children, 
     except the Senate bill titles the subclause.
       LC
       45. The Senate bill, but not the House amendment, titles 
     the clause and subclause.
       LC
       46. The Senate bill, but not the House amendment, titles 
     the clause and subclause.
       LC
       47. The Senate bill requires, to be considered a heavily 
     impacted LEA for purposes of the subparagraph, an enrollment 
     of at least 25,000, in which at least 50 percent of children 
     are federally connected, and of that 50 percent, at least 
     5,000 students live on federal property and have parents who 
     are either 1) employed on federal property within the LEA 
     grounds; 2) an official of a foreign government; or 3) in 
     active duty. The House amendment changes the ``5,000'' 
     threshold to ``5,500''.
       HR
       48. The Senate bill and House amendment are the same in 
     describing the student weights for maximum amount 
     calculations, except the Senate bill titles the clause.
       LC
       49. The Senate bill and House amendment are identical in 
     describing the data the Secretary will use for providing 
     assistance under this paragraph.
       LC
       50. The Senate bill and House amendment are similar in 
     describing the determination of average tax rates for general 
     fund purposes for LEAs, except the Senate bill moves the 
     exception, ``except as provided in clause (ii)'', to the 
     front of the clause (i), and includes more detailed 
     circumstances for determining exceptions in clause (ii). See 
     note 51. The House amendment includes a specific subparagraph 
     reference to be subject to an exception in this clause, but 
     does not include the detailed circumstances for determining 
     exceptions, as can be seen in note 51.
       HR
       51. The Senate bill, but not the House amendment, includes 
     specific circumstances for determining average tax rates for 
     general fund purposes for LEAs for FY 2010-2015, and 
     subsequent to 2015. The Senate bill also allows the Secretary 
     to reserve a specific amount of unobligated funds from 2013 
     and 2014 to meet the requirements of this clause.
       HR
       52. The Senate bill and House amendment include identical 
     language to describe eligibility for heavily impacted LEAs 
     affected by privatization of military housing.
       LC
       53. The Senate bill and House amendment include identical 
     language to describe the amount of payment for heavily 
     impacted LEAs affected by privatization of military housing.
       LC
       54. The Senate bill and House amendment are identical in 
     defining ``conversion of military housing units to private 
     housing.'' Note

[[Page H8620]]

     the language does not appear here from the House amendment 
     because it was drafted in cut-and-bite.
       LC
       55. The Senate bill and House amendment are identical in 
     describing provisions related to payments to specified 
     military bases.
       LC
       56. The House amendment, but not the Senate bill, describe 
     provisions for calculating payments for LEAs that provide 
     distance education programs.
       HR
       57. The Senate bill and House amendment contain different 
     references to describe Learning Opportunity Threshold (LOT) 
     payments in lieu of basic support payments under paragraph 
     (2).
       SR
       58. The House amendment, but not the Senate bill, strikes'' 
     as the case may be'' at the end of the subparagraph.
       SR
       59. The Senate bill and House amendment are identical in 
     describing ratable distribution of LOT payments.
       LC
       60. The Senate bill includes a limitation on the maximum 
     LOT payment for a LEA. The House amendment includes this 
     language below in subparagraph (F). See note 63.
       LC
       61. The Senate bill and House amendment include similar 
     provisions to describe the actions to be taken when 
     insufficient funds are available for maximum LOT, except the 
     House amendment refers to (3)(d)(2) where funds are 
     authorized for this program, and contains a different 
     subparagraph reference to the LOT payment.
       HR
       62. The House amendment, but not the Senate bill, includes 
     language to describe how LOT payments are made when funds are 
     sufficient to give a payment over 100 percent LOT.
       SR
       63. The House amendment includes similar language to the 
     Senate bill describe a limitation on the maximum LOT payment 
     for a LEA. See note 60.
       LC
       64. The Senate bill, but not the House amendment, requires 
     the Secretary to provide the LEAs tax rate and percentage LOT 
     to each LEA.
       HR with an amendment to insert ``compared to the average 
     tax rate for general fund purposes of local educational 
     agencies in the State'' after ``and the resulting 
     percentage''.
       65. The House amendment, but not the Senate bill, makes a 
     technical update to address earlier changes.
       SR
       66. The Senate bill and House amendment make identical 
     technical updates.
       LC
       67. The Senate bill and House amendment include identical 
     language to describe when data from the fiscal year for which 
     an LEA is applying will not be used to calculate the LEAs 
     payment.
       LC
       68. The Senate bill and House amendment include identical 
     language to describe when data from the fiscal year for which 
     an LEA is applying will not be used to calculate the LEAs 
     payment
       LC
       69. The Senate bill and House amendment include identical 
     language to describe when data from the fiscal year for which 
     an LEA is applying will not be used to calculate the LEAs 
     payment.
       LC
       70. The Senate bill changes the subsection title to 
     ``Students with Disabilities.'' The House amendment entitles 
     is ``Children with Disabilities''.
       SR
       71. The Senate bill changes all references in the 
     subsection to ``students with disabilities.'' The House 
     amendment uses ``children with disabilities''.
       SR
       72. The House amendment updates a cross-reference to 
     reflect an earlier change.
       LC
       73. The Senate bill rewrites the Hold Harmless provisions 
     to describe how payments will go to LEAs where funds are 
     determined to be reduced by more than $5 million or 20 
     percent from the previous fiscal year. The reduction will be 
     ramped down from 90 percent to 85 percent to 80 percent of 
     what the LEA received in the year prior to any reduction, 
     unless any of those reductions would give the LEA less than 
     they are eligible for.
       HR/SR with amendment to read as follows:
       (1) In general.--In the case of any local educational 
     agency eligible to receive a payment under subsection (b) 
     whose calculated payment amount for a fiscal year is reduced 
     by 20 percent, as compared to the amount received for the 
     previous fiscal year, the Secretary shall pay the local 
     educational agency, for the year of the reduction and the 
     following 2 years, the amount determined under paragraph (2).
     (2) Amount of reduction.--Subject to paragraph (3), A local 
     educational agency described in paragraph (1) shall receive--
       (A) for the first year for which the reduced payment is 
     determined, an amount that is not less than 90 percent of the 
     total amount that the local educational agency received under 
     subsection (b) for the previous fiscal year;
       (B) for the second year following such reduction, an amount 
     that is not less than 85 percent of the total amount that the 
     local educational agency received under subparagraph (A); and
       (C) for the third year following such reduction, an amount 
     that is not less than 80 percent of the total amount that the 
     local educational agency received under subparagraph (B).
       (3) Special rule.--For any fiscal year for which a local 
     educational agency would receive a payment under subsection 
     (b) in excess of the amount determined under paragraph (2), 
     the payment received by the local educational agency for such 
     fiscal year shall be calculated under paragraph (1) or (2) of 
     subsection (b).
       74. The House amendment includes hold harmless language 
     ensuring LEAs receive no less than 90 percent of the 
     calculated maximum amount for which the LEA is eligible in 
     the previous fiscal year. The hold harmless is in place for 3 
     years.
       HR
       75. The Senate bill, but not the House amendment, 
     redesignates Ratable Reduction provisions for the hold 
     harmless language when insufficient funds are available.
       HR with amendment to strike (2) and insert (4)
       76. Both the Senate bill and House amendment strike 
     Maintenance of Effort provisions.
       LC
       77. The Senate bill and House amendment replace Bureau of 
     Indian Affairs with Bureau of Indian Education.
       LC
       78. Both the Senate bill and House amendment strike 
     language enabling the Secretary to request of LEAs any 
     information the Secretary may desire in the 8002 and 8003 
     applications.
       LC
       79. The Senate bill, but not the House amendment, includes 
     language enabling the Secretary to allow LEAs to count the 
     number of children who register for the school year to 
     determine LEA eligibility.
       SR
       80. The Senate bill makes technical updates to references 
     to reflect an earlier change.
       SR
       81. The Senate bill and House amendment update a section 
     reference, although the reference is different in each bill 
     reflecting different bill structures.
       LC
       82. The House amendment, but not the Senate bill, adds a 
     new eligibility option for construction payments.
       HR
       83. The Senate bill, but not the House amendment, makes a 
     technical edit to update a mistake in current law.
       HR
       84. The Senate bill and House amendment update section 
     references, although the references are different in each 
     bill reflecting different bill structures.
       LC
       85. The Senate bill and House amendment update a section 
     reference, although the reference is different in each bill 
     reflecting different bill structures.
       LC
       86. Both the Senate and House amendment add a new 
     eligibility option for emergency and modernization 
     construction payments.
       LC
       87. The House amendment, but not the Senate bill, limits 
     the Secretary from limiting eligibility for LEAs that meet 
     certain requirements, including LEAs where at least 40 
     percent of federally connected Indian children were enrolled 
     in the prior year and in LEAs where more than 10 percent of 
     the property is exempt from State and local taxation under 
     federal law.
       HR
       88. The House amendment, but not the Senate bill, strikes 
     language enabling the Secretary to request of LEAs any 
     information the Secretary may desire in the emergency and 
     modernization grant applications.
       SR with an amendment in subparagraph (A) by adding at the 
     end ``and containing such additional information as may be 
     necessary to meet the award criteria of this subsection as 
     provided in any other Act.''
       89. Both the Senate bill and the House amendment strike the 
     annual report to the Secretary.
       LC
       90. The Senate bill and the House amendment update a 
     section reference, although the reference is different in 
     each bill reflecting different bill structures.
       LC
       91. The Senate bill and the House amendment strike language 
     enabling the Secretary to request of States any information 
     the Secretary may desire in the State's written notice of 
     intention to include Impact Aid payments as State aid to an 
     LEA for the purpose of state equalization plans.
       LC
       92. The House amendment, but not the Senate bill, includes 
     a technical reference update.
       LC
       93. The House amendment, but not the Senate bill, strikes a 
     reference to the Act of September 30, 1950 and accompanying 
     related language.
       SR
       94. The House amendment, but not the Senate bill, adds 
     Coast Guard to the definition of ``Armed Forces''.
       SR
       95. The House amendment, but not the Senate bill, strikes a 
     reference to Title VI in the definition of ``Current 
     Expenditures''.

[[Page H8621]]

       SR
       96. The Senate bill, but not the House amendment, updates 
     the definition of ``Federal Property'' as it relates to land 
     that is conveyed at any time under the Alaska Native Claims 
     Settler Act to certain parties that meets certain tax 
     circumstances.
       HR with an amendment to insert at the end of (bb) ``that 
     has no taxing power''
       97. The Senate bill and the House amendment update a U.S.C. 
     reference to the Native American Housing Assistance and Self-
     Determination Act of 1996.
       LC
       98. The House amendment makes a technical edit, adding a 
     comma, to the definition of ``Local Contribution 
     Percentage.''
       HR
       99. The Senate bill updates the five authorization levels 
     for Impact Aid programs to be such sums for fiscal years 
     2016-2021. The House amendment repeals the authorization 
     levels here, but includes them in Sec 3 of the bill.
       HR with an amendment to insert the following:
       (a) In paragraph (1) by striking ``such sums as may be 
     necessary for each of fiscal years 2016 through 2021'' and 
     inserting ``$66,813,000 for each of fiscal years 2017 through 
     2019, $71,997,917 for fiscal year 2020'';
       (b) In paragraph (2) by striking ``such sums as may be 
     necessary for each of fiscal years 2016 through 2021'' and 
     inserting ``$1,151,233,000 for each of fiscal years 2017 
     through 2019, $1,240,572,618 for fiscal year 2020'';
       (c) In paragraph (3) by striking ``such sums as may be 
     necessary for each of fiscal years 2016 through 2021'' and 
     inserting `` $48,316,000 for each of fiscal years 2017 
     through 2019, $52,065,487 for fiscal year 2020'';
       (d) In paragraph (5) by striking ``such sums as may be 
     necessary for each of fiscal years 2016 through 2021'' and 
     inserting ``$17,406,000 for each of fiscal years 2017 through 
     2019, $18,756,765 for fiscal year 2020'';
       (e) In paragraph (6) by striking ``such sums as may be 
     necessary for each of fiscal years 2016 through 2021'' and 
     inserting `` $4,835,000 for each of fiscal years 2017 through 
     2019, $5,210,213 for fiscal year 2020'';
       100. The House amendment makes changes to the FY 2013 NDAA 
     to make the Impact Aid changes included within it permanent. 
     The Senate bill also makes such change. See note 3.
       LC
       101. The House amendment, but not the Senate bill, strikes 
     all of Title IV.
       HR
       102. The House amendment, but not the Senate bill, repeals 
     Public Law 113-76; 20 U.S.C. 7702 note.
       SR
       103. The House amendment, but not the Senate bill, 
     redesignates Title VIII to Title IV.
       LC
       104. The House amendment, but not the Senate bill, changes 
     all references in Title VIII to appropriate Title IV 
     reference.
       LC

                      TITLE IX--GENERAL PROVISIONS

       1. The Senate bill leaves the general provisions in Title 
     IX. The House amendment moved the general provisions to Title 
     VI.
       HR/SR with an amendment to redesignate Title IX as Title 
     VIII
       2. The Senate bill uses the number ``4'' and the House 
     amendment uses the word ``four'' in the title of the 
     definition.
       LC
       3. The Senate bill and House amendment have different 
     methods for defining four year adjusted cohort graduation 
     rate. The Senate bill refers to the 2008 graduation rate 
     calculation and the House amendment provides for a 
     definition.
       SR with an amendment to strike and replace with the 
     following:
       (22) Four-year adjusted cohort graduation rate.--
       (A) In general.--The term `four-year adjusted cohort 
     graduation rate' means the ratio where--
       (i) the denominator consists of the number of students who 
     form the original cohort of entering first-time 9th grade 
     students enrolled in the high school no later than the 
     effective date for student membership data submitted annually 
     by State educational agencies to the National Center for 
     Education Statistics pursuant to section 153 of the Education 
     Sciences Reform Act, adjusted by--

       (I) adding the students who joined that cohort, after the 
     time of the determination of the original cohort; and
       (II) subtracting only those students who left that cohort, 
     after the time of the determination of the original cohort, 
     as described in subparagraph (B); and

       (ii) except as provided in subclause (III), the numerator--

       (I) consists of the number of students in the cohort, as 
     adjusted under clause (i), who earned a regular high school 
     diploma before, during, or at the conclusion of--

       (aa) the fourth year of high school; or
       (bb) a summer session immediately following the fourth year 
     of high school; and

       (II) consists of all students with the most significant 
     cognitive disabilities assessed using the alternate 
     assessment aligned to alternate academic achievement 
     standards under section 1111(b)(2)(D) awarded a State-defined 
     alternate diploma that is standards-based and aligned with 
     the State requirements for the regular high school diploma, 
     and obtained within the time period for which the State 
     ensures the availability of a free appropriate public 
     education under section 612(a)(1) of the Individuals with 
     Disabilities Education Act; and

       Report Language: ``It is the Conferees' intent that the 
     State shall determine requirements for both the regular high 
     school diploma and for the State-defined alternate diploma 
     described in this subclause. Requirements determined by the 
     state for the alternate diploma must be aligned to the 
     State's requirements for the regular high school diploma and 
     should be reflective of the State's requirements for a 
     regular high school diploma with respect to satisfactory 
     coursework completion or competency demonstrations that 
     reflect professional judgment as to the highest possible 
     standards achievable by such students.''

       (III) shall not consist of any student awarded a GED or 
     other recognized equivalent, certificate of completion, 
     certificate of attendance, or similar lesser credential.

       (B) Cohort removal.--To remove a student from a cohort, a 
     school or local educational agency shall require 
     documentation to confirm that the student has transferred 
     out, emigrated to another country, transferred to a prison or 
     juvenile facility, or is deceased.
       (C) Transferred out.--
       (i) In general.--For purposes of this paragraph, the term 
     `transferred out' means a student who the high school or 
     local educational agency has confirmed, according to clause 
     (ii), has transferred--

       (I) to another school from which the student is expected to 
     receive a regular high school diploma; or
       (II) to another educational program from which the student 
     is expected to receive a regular high school diploma.

       (ii) Confirmation requirements.--

       (I) Documentation required.--The confirmation of a 
     student's transfer to another school or educational program 
     described in clause (i) requires documentation from the 
     receiving school or program that the student enrolled in the 
     receiving school or program.
       (II) Lack of confirmation.--A student who was enrolled, but 
     for whom there is no confirmation of the student having 
     transferred out, shall remain in the adjusted cohort.

       (iii) Programs not providing credit.--A student who is 
     retained in grade or who is enrolled in a GED or other 
     alternative educational program that does not issue or 
     provide credit toward the issuance of a regular high school 
     diploma shall not be considered transferred out and shall 
     remain in the adjusted cohort.
       (D) Special rules.--
       (i) Cohort formation.--For those high schools that start 
     after grade 9, the original cohort shall be calculated for 
     the earliest high school grade students attend no later than 
     the effective date for student membership data submitted 
     annually by State educational agencies to the National Center 
     for Education Statistics pursuant to section 153 of the 
     Education Sciences Reform Act.
       (ii) Very small schools.--A state educational agency may 
     calculate the 4-year adjusted cohort graduation rate 
     described under this paragraph for a high school with an 
     average enrollment over a 4-year period of less than 100 
     students for purposes of differentiation under section 
     1111(c)(4)(D)(i)(II) by--

       (I) aggregating data included in the denominator and 
     numerator described under clause (i) and clause (ii) of 
     subparapgrah (A), respectively, over a period of three years; 
     or
       (II) Establishing a minimum number of students that must be 
     included in the cohort described in clause (i) of 
     subparagraph (A) that will provide a valid graduation rate 
     calculation as determined by the Secretary, below which the 
     school shall be exempt from such differentiation.

       4. The House amendment defines `charter school' in Title 
     VI. The Senate bill defines ``charter school'' in Title V. 
     The language is slightly different but substantively the 
     same.
       HR
       5. The Senate bill and the House amendment contain 
     different section references to reflect different bill 
     structures.
       LC
       6. The Senate bill and House amendment contain different 
     section references to reflect different bill structures.
       LC
       7. The Senate bill and House amendment contain different 
     section references to reflect different bill structures.
       LC
       8. The Senate bill and House amendment contain different 
     section references to reflect different bill structures.
       LC
       9. The Senate bill modifies the definition of ``core 
     academic subjects'' and the House amendment eliminates it.
       HR/SR with an amendment to insert the following:
       (11) Well-Rounded Education.--The term ``well-rounded 
     education'' means courses, activities, and programming in 
     subjects including English, reading or language arts, 
     writing, science, technology, engineering, mathematics, 
     foreign languages, civics and government, economics, arts, 
     history, geography, computer science, music, career and 
     technical education, health, and physical education, and any 
     other subject as determined by the State or local educational 
     agency, with the purpose of providing all students access to 
     an enriched curriculum and educational experience.

[[Page H8622]]

  

       10. The Senate bill and House amendment define ``covered 
     program'' in different ways, reflecting different programs in 
     either bill.
       SR with amendment to strike ``(B) Title II'' through the 
     period at the end and insert ``(B) part C of title I; (C) 
     part D of title I; (D) part A of title II; (E) part A of 
     title III; (F) part A of title IV; (G) part B of title IV; 
     (H) subpart 2 of part C of title V''
       11. The House amendment, but not the Senate bill, slightly 
     amends this definition.
       SR
       12. The House amendment, but not the Senate bill, contains 
     a definition of ``direct student services''.
       HR
       13. The House amendment, but not the Senate bill, modifies 
     the ``distance learning'' definition and renames it 
     ``distance education''.
       HR
       14. The Senate bill, but not the House amendment, includes 
     a definition of ``dual or concurrent enrollment''.
       HR with an amendment to strike and insert the following:
       ``(17) Dual or concurrent enrollment program.--The term 
     `dual or concurrent enrollment program' means a program 
     offered by a partnership between at least one institution of 
     higher education and at least one local educational agency 
     through which a secondary school student who has not 
     graduated from high school with a regular high school diploma 
     is able to enroll in one or more postsecondary courses and 
     earn postsecondary credit that is transferable to the 
     institutions of higher education in the partnership and 
     applies toward completion of a degree or recognized 
     educational credential.
       15. The Senate bill, but not the House amendment, includes 
     a definition of ``early childhood education program''.
       HR
       16. The Senate bill, but not the House amendment includes a 
     definition of ``early college high school''.
       HR with an amendment to strike ``transferable'' and insert 
     ``that are transferable to the institutions of higher 
     education in the partnership''
       17. The Senate bill refers to ``challenging'' academic 
     standards.
       HR
       18. The Senate bill and House amendment use different 
     cross-references.
       HR
       19. The Senate bill, but not the House amendment, has a 
     definition for ``evidence-based''.
       HR with an amendment to insert the following:
       (23) Evidence-based.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term `evidence-based', when used with respect to a State, 
     local educational agency, or school activity, means an 
     activity that--
       (i) demonstrates a statistically significant effect on 
     improving student outcomes or other relevant outcomes based 
     on--

       (I) strong evidence from at least 1 well-designed and well-
     implemented experimental study;
       (II) moderate evidence from at least 1 well-designed and 
     well-implemented quasi-experimental study; or
       (III) promising evidence from at least 1 well-designed and 
     well-implemented correlational study with statistical 
     controls for selection bias; or
       (ii) (I) demonstrates a rationale that is based on high-
     quality research findings or positive evaluation that such 
     activity is likely to improve student outcomes or other 
     relevant outcomes; and

       (II) includes ongoing efforts to examine the effects of 
     such activity.
       (B) Definition for specific activities funded under this 
     act.-- The term `evidence-based', means a State, local 
     educational agency, or school activity that meets the 
     requirements of subclause (I), (II), or (III) of subparagraph 
     (A)(i) when used with respect to interventions or improvement 
     activities or strategies funded under section 1003.
       (C) Technical Assistance.--If requested by State or local 
     educational agencies, regional educational laboratories shall 
     provide technical assistance to such State or local 
     educational agency in meeting the requirements of this 
     paragraph.
         20. The Senate bill, but not the House amendment, has a 
     definition of ``expanded learning time''.
       HR with an amendment to strike ``instruction and enrichment 
     in core academic subjects, other academic subjects, and other 
     activities that contribute to'' and insert ``activities and 
     instruction for enrichment in''
       21. The Senate bill and the House amendment have different 
     methods for defining ``extended-year adjusted cohort 
     graduation rate''. The Senate bill refers to the 2008 
     regulation and the House amendment defines ``extended-year 
     adjusted cohort graduation rate''.
       SR with an amendment to strike and replace with the 
     following:
       (20) Extended-year adjusted cohort graduation rate.--
       (A) In general.--The term `extended-year adjusted cohort 
     graduation rate' means the ratio where--
       (i) the denominator consists of the number of students who 
     form the original cohort of entering first-time 9th grade 
     students enrolled in the high school no later than the 
     effective date for student membership data submitted annually 
     by State educational agencies to the National Center for 
     Education Statistics under section 153 of the Education 
     Sciences Reform Act, adjusted by--

       (I) adding the students who joined that cohort, after the 
     time of the determination of the original cohort; and
       (II) subtracting only those students who left that cohort, 
     after the time of the determination of the original cohort, 
     as described in subparagraph (B); and

       (ii) except as provided in subclause (III), the numerator--

       (I) consists of the number of students in the cohort, as 
     adjusted under clause (i), who earned a regular high school 
     diploma before, during, or at the conclusion of--

       (aa) one or more additional years beyond the fourth year of 
     high school; or
       (bb) a summer session immediately following the additional 
     year of high school; and

       (II) consists of all students with the most significant 
     cognitive disabilities assessed using the alternate 
     assessment aligned to alternate academic achievement 
     standards under section 1111(b)(2)(D) awarded a State-defined 
     alternate diploma that is standards-based and aligned with 
     the State requirements for the regular high school diploma, 
     and obtained within the time period for which the State 
     ensures the availability of a free appropriate public 
     education under section 612(a)(1) of the Individuals with 
     Disabilities Education Act;

       Report Language: ``It is the Conferees' intent that the 
     State shall determine requirements for both the regular high 
     school diploma and for the State-defined alternate diploma 
     described in this subclause. Requirements determined by the 
     State for the alternate diploma must be aligned to the 
     State's requirements for the regular high school diploma and 
     should be reflective of the State's requirements for a 
     regular high school diploma with respect to satisfactory 
     coursework completion or competency demonstrations that 
     reflect professional judgment as to the highest possible 
     standards achievable by such students.''

       (III) shall not consist of any student awarded a GED or 
     other recognized equivalent, certificate of completion, 
     certificate of attendance, or similar lesser credential.

       (B) Cohort removal.--To remove a student from a cohort, a 
     school or local educational agency shall require 
     documentation to confirm that the student has transferred 
     out, emigrated to another country, transferred to a prison or 
     juvenile facility, or is deceased.
       (C) Transferred out.--
       (i) In general.--For purposes of this paragraph, the term 
     `transferred out' means a student who the high school or 
     local educational agency has confirmed, according to clause 
     (ii), has transferred--

       (I) to another school from which the student is expected to 
     receive a regular high school diploma; or
       (II) to another educational program from which the student 
     is expected to receive a regular high school diploma.

       (ii) Confirmation requirements.--

       (I) Documentation required.--The confirmation of a 
     student's transfer to another school or educational program 
     described in clause (i) requires documentation from the 
     receiving school or program that the student enrolled in the 
     receiving school or program.
       (II) Lack of confirmation.--A student who was enrolled, but 
     for whom there is no confirmation of the student having 
     transferred out, shall remain in the denominator of the 
     extended-year adjusted cohort.

       (iii) Programs not providing credit.--A student who is 
     retained in grade or who is enrolled in a GED or other 
     alternative educational program that does not issue or 
     provide credit toward the issuance of a regular high school 
     diploma shall not be considered transferred out and shall 
     remain in the extended-year adjusted cohort.
       (D) Special rule.--For those high schools that start after 
     grade 9, the original cohort shall be calculated for the 
     earliest high school grade students attend no later than the 
     effective date for student membership data submitted annually 
     by State educational agencies to the National Center for 
     Education Statistics pursuant to section 153 of the Education 
     Sciences Reform Act.
       22. The House amendment, but not the Senate bill, includes 
     a definition for ``high-quality academic tutoring''.
       HR
       23. The Senate bill, but not the House amendment, adds a 
     definition of multi-tier system of supports.
       HR with an amendment to strike (33) and insert a new (33) 
     as follows:
       `(33) Multi-tier system of supports.--The term `multi-tier 
     system of supports' means a comprehensive continuum of 
     evidence-based, systemic practices to support a rapid 
     response to students' needs, with regular observation to 
     facilitate data-based instructional decision making.';
       Report Language: ``It is the intent of the Conferees that 
     the full range of students'' needs, including academic needs 
     and behavioral needs, be addressed through a school's use of 
     a multi-tier system of supports.''
       24. The House amendment, but not the Senate bill, 
     eliminates the definition of ``mentoring''.
       HR
       25. The House amendment and the Senate bill update the 
     definition of ``outlying areas'' in different ways.
       SR
       26. The Senate bill, but not the House amendment, includes 
     a definition of ``paraprofessional''.

[[Page H8623]]

       HR
       27. The Senate bill and House amendment contain different 
     section references in subparagraph (D).
       LC
       28. The House amendment, but not the Senate bill, includes 
     a definition for ``Pay For Success Initiatives''.
       SR with an amendment to strike the definition and insert 
     the following:
       PAY FOR SUCCESS INITIATIVE.--The term ``pay for success 
     initiative'' means a performance-based grant, contract, or 
     cooperative agreement awarded by a public entity in which a 
     commitment is made to pay for improved outcomes that result 
     in social benefit and direct cost savings or cost avoidance 
     to the public sector. Such an initiative must include--
       (1) a feasibility study on the initiative describing how 
     the proposed intervention is based on evidence of 
     effectiveness;
       (2) a rigorous, third party evaluation that uses 
     experimental or quasi-experimental design or other research 
     methodologies that allow for the strongest possible causal 
     inferences to determine whether the initiative has met its 
     proposed outcomes;
       (3) an annual, publicly available report on the progress of 
     the initiative; and
       (4) except as provided as under paragraph (2), a 
     requirement that payments are made to the recipient of a 
     grant contactor or cooperative agreement only when agreed 
     upon outcomes are achieved.
       29. The Senate bill and the House amendment both include a 
     definition of ``professional development'' but they are 
     different.
       SR with amendment to strike ``the term `professional 
     development' --'' and everything that follows through the 
     ``.'' at the end and insert after ``PROFESSIONAL 
     DEVELOPMENT--'' the following:
       The term ``professional development'' means activities 
     that--
       (A) are an integral part of school and local educational 
     agency strategies for providing educators (including 
     teachers, principals, other school leaders, specialized 
     instructional support personnel, paraprofessionals, and, as 
     applicable, early childhood educators) with the knowledge and 
     skills necessary to enable students to succeed in the [core 
     academic subjects] and to meet challenging State academic 
     standards; and
       (B) are sustained (not stand-alone, 1-day, or short term 
     workshops), intensive, collaborative, job-embedded, data-
     driven, classroom-focused, and may include activities that--

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

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

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

       (vii) are aligned with, and directly related to academic 
     goals of the school or local educational agency;
       (viii) are developed with extensive participation of 
     teachers, principals, other school leaders, parents, 
     representatives of Indian tribes (as applicable), and 
     administrators of schools to be served under this Act;
       (ix) are designed to give teachers of children who are 
     English learners, and other teachers and instructional staff, 
     the knowledge and skills to provide instruction and 
     appropriate language and academic support services to those 
     children, including the appropriate use of curricula and 
     assessments;
       (x) to the extent appropriate, provide training for 
     teachers, principals, and other school leaders in the use of 
     technology (including education about the harms of copyright 
     piracy), so that technology and technology applications are 
     effectively used in the classroom to improve teaching and 
     learning in the curricula and academic subjects in which the 
     teachers teach;
       (xi) as a whole, are regularly evaluated for their impact 
     on increased teacher effectiveness and improved student 
     academic achievement, with the findings of the evaluations 
     used to improve the quality of professional development;
       (xii) are designed to give teachers of children with 
     disabilities or children with developmental delays, and other 
     teachers and instructional staff, the knowledge and skills to 
     provide instruction and academic support services to those 
     children, including positive behavioral interventions and 
     supports, multi-tiered systems of supports, and use of 
     accommodations;
       (xiii) include instruction in the use of data and 
     assessments to inform and instruct classroom practice;
       (xiv) include instruction in ways that teachers, 
     principals, other school leaders, specialized instructional 
     support personnel, and school administrators may work more 
     effectively with parents and families;
       (xv) involve the forming of partnerships with institutions 
     of higher education, including, as applicable, Tribal 
     Colleges and Universities as defined in section 316(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1059c (b)), to 
     establish school-based teacher, principal, and other school 
     leader training programs that provide prospective teachers, 
     novice teachers, principals, and other school leaders with an 
     opportunity to work under the guidance of experienced 
     teachers, principals, other school leaders, and faculty of 
     such institutions;
       (xvi) create programs to enable paraprofessionals 
     (assisting teachers employed by a local educational agency 
     receiving assistance under part A of title I) to obtain the 
     education necessary for those paraprofessionals to become 
     certified and licensed teachers;
       (xvii) provide follow-up training to teachers who have 
     participated in activities described in this paragraph that 
     are designed to ensure that the knowledge and skills learned 
     by the teachers are implemented in the classroom; and
       (xviii) where applicable and practical, provide jointly for 
     school staff and other early childhood education program 
     providers, to address the transition to elementary school, 
     including issues related to school readiness.'
       30. The House amendment, but not the Senate bill, includes 
     a definition of ``regular high school diploma''.
       SR with an amendment to strike and replace with the 
     following:
       `(37) REGULAR HIGH SCHOOL DIPLOMA--The term `regular high 
     school diploma' means the standard high school diploma 
     awarded to the preponderance of students in the State that is 
     fully aligned with State standards, or a higher diploma. Such 
     term shall not include a GED or other recognized equivalent 
     of a diploma, a certificate of attendance, or any lesser 
     diploma award.
       31. The Senate bill definition for ``school leader'' is 
     structured differently from the definition in the House 
     amendment and contains specific references to ``elementary 
     school'' and ``secondary school''.
       HR
       32. The House amendment, but not the Senate bill, refers to 
     optimum conditions for student learning.
       HR
       33. The Senate bill and House amendment have a different 
     structure for the definition of ``specialized instructional 
     support personnel''.
       LC
       34. The Senate bill, but not the House amendment, includes 
     school nurses, speech language pathologists, and school 
     librarians in the definition for ``specialized instructional 
     support personnel''.
       HR
       35. The House amendment, but not the Senate bill, updates 
     the definition for ``technology''.
       SR
       36. The Senate bill, but not the House amendment, includes 
     a definition for ``universal design for learning''.
       HR
       Report Language: ``It is the Conferees'' intent that the 
     term ``universal design for learning'' refers to efforts that 
     reduce barriers in instruction, that ensure appropriate 
     accommodations and supports, and that allow all students, 
     particularly those with disabilities and English learners, to 
     meet high academic achievement expectations. The term refers 
     to a scientifically valid framework for guiding educational 
     practice that provides flexibility in the ways information is 
     presented, in the ways students respond or demonstrate 
     knowledge and skills, and in the ways students are engaged.''
       37. The Senate bill and House amendment contain different 
     title references.
       LC
       38. The House amendment, but not the Senate bill, strikes 
     the requirement for States to demonstrate a majority of funds 
     come from non-federal sources.
       HR
       39. The Senate bill, but not the House amendment, adds an 
     additional use of funds
       HR
       40. The location of section 9203(b) amendments is out of 
     order in the Senate bill.
       LC
       41. The Senate bill, but not the House amendment, adds an 
     additional use of funds related to fiscal support teams.
       HR
       42. The House amendment, but not the Senate bill, strikes a 
     reference to ``including measurable goals and objectives''
       SR with an amendment to insert ``, including program 
     objectives'' after ``effectiveness''
       43. The House amendment, but not the Senate bill, removes 
     ``nonprofit'' from ``public and private agencies''.
       SR
       44. The House amendment, but not the Senate bill, removes 
     requirement for the private agency to be nonprofit in 2(A) 
     and 2(B).
       SR
       45. The Senate bill, but not the House amendment, adds an 
     option for rural districts and educational service agencies 
     to submit a consolidated plan.
       HR
       46. The House amendment, but not the Senate bill, removes 
     the cross reference to State plans being submitted pursuant 
     to current law section 9305 or separately.
       SR

[[Page H8624]]

  

       47. The House amendment, but not the Senate bill, removes 
     requirement for the private agency to be nonprofit
       SR
       48. The Senate bill, but not the House amendment, includes 
     a provision for the local educational agency to request a 
     waiver through the state educational agency and for schools 
     to request waivers through the local educational agency who 
     then may request it through the state educational agency.
       HR
       49. The House amendment and the Senate bill contain 
     different exceptions.
       HR
       50. The House amendment also contains limitations.
       HR
       51. The House amendment, but not the Senate bill, requires 
     the Secretary to waive statutory or regulatory requirements 
     for the state educational agencies, Indian tribes, or schools 
     who submit a waiver pursuant to the subsection.
       HR
       52. The Senate bill and House amendment have different 
     requirements for the contents of the waiver applications.
       HR
       53. The Senate bill, but not the House amendment, maintains 
     the requirement that the application describe how the waiver 
     will increase the quality of instruction for students and 
     improve the academic achievement of students. The House 
     amendment includes a requirement that the application 
     reasonably demonstrate how the waiver will improve 
     instruction and advance student academic achievement.
       SR with an amendment to strike ``reasonably demonstrates 
     that the waiver will improve instruction for students and'' 
     and insert ``describes how the waiving of those requirements 
     will''
       54. The Senate bill, but not the House amendment, requires 
     the entity seeking a waiver to regularly evaluate the 
     effectiveness of the waiver.
       HR
       55. The Senate bill, but not the House amendment, contains 
     a provision that requires waiver plans to only include 
     information directly related to the waiver request.
       SR with an amendment to insert a new subparagraph (E) as 
     follows: ''(E) includes only information directly related to 
     the waiver request; and''
       and amend subparagraph (E) of current law by inserting the 
     following:
       , and, if the waiver relates to provisions of section 
     1111(b) or [(h)], how the State educational agency, local 
     educational agency, or Indian tribe will maintain or improve 
     transparency in reporting to parents and the public on 
     student achievement and school performance, including the 
     achievement of the subgroups of students identified in 
     section 1111[(b)(2)(B)(xi)]'' after ``requested''
       56. The House amendment and the Senate bill have different 
     lead-ins before subparagraph (A).
       LC
       57. The Senate bill and the House amendment contain similar 
     language.
       HR
       58. The Senate bill, but not the House amendment, adds a 
     cross-reference to the language preceding clause (i) 
     permitting the State to act on behalf of local educational 
     agencies.
       HR
       59. The House amendment, but not the Senate bill, inserts 
     ``the public'' and ``provide input'' in clause (i).
       SR
       60. The House amendment refers to ``LEAs'' while the Senate 
     bill refers to ``any interested LEAs.''
       HR
       61. The Senate bill, but not the House amendment, adds a 
     requirement that the state provide this information to any 
     LEA to the extent the waiver request impacts that LEA.
       HR
       62. The House amendment, but not the Senate bill, adds 
     ``input'' to clause (ii).
       SR
       63. The House amendment, but not the Senate bill, requires 
     the States to describe how they addressed comments when 
     submitting the request to the Secretary.
       SR
       64. The House amendment, but not the Senate bill, adds 
     opportunities for comment in a reasonable time to the public 
     and LEAs in clause (iii).
       SR
       65. The Senate bill, but not the House amendment, adds a 
     requirement for the SEA to approve any LEA waiver request in 
     accordance with subsection (a)(2) before submission.
       HR
       66. The House amendment, but not the Senate bill, adds 
     ``and the public'' at the end.
       SR
       67. The House amendment, but not the Senate bill, adds 
     reasonable opportunities for the State and public to comment 
     on waiver requests.
       SR
       68. The House amendment, but not the Senate bill, includes 
     a peer review requirement.
       HR
       69. The Senate bill and House amendment have different 
     paragraph numbers.
       HR
       70. The Senate bill requires the Secretary to issue a 
     written determination regarding the approval or disapproval 
     and the House amendment requires the Secretary to approve the 
     waiver unless certain conditions are met.
       HR with amendment to insert ``initial'' after ``regarding 
     the'' and strike ``submitted,'' and all that follows and 
     insert ``submitted.'' Initial disapproval of such request 
     shall be based on the determination of the Secretary that--''
       71. The Senate bill includes a 90 day timeline, the House 
     amendment includes 60 days.
       HR with amendment to strike ``90'' and insert ``120''
       72. The House amendment, but not the Senate bill, includes 
     clauses (iii) and (iv).
       SR with amendment to strike ``clause (iii)'' insert all 
     that follows:
       `(iii) the plan that is required under paragraph (1)(C), 
     provides insufficient information to demonstrate that the 
     waiving of such requirements will advance student academic 
     achievement consistent with the purposes of this Act; or
       72A. The Senate bill and the House amendment have the same 
     subparagraph (B).
       HR/SR with amendment to strike ``If the Secretary 
     determines'' and all that follows through ``section,'' and 
     insert ``Upon the initial determination of disapproval under 
     subparagraph (A),''
       73. The Senate bill, but not the House amendment adds a 
     mention of ``through the State educational agency''.
       HR
       74. The Senate bill requires the Secretary to provide 
     detailed reasons for the waiver determination and permits the 
     reasons to be posted online. The House amendment says the 
     detailed reasons have to be provided at the request of the 
     SEA.
       HR
       75. The Senate bill, but not the House amendment includes 
     ``through the SEA''.
       HR
       76. The Senate bill and House amendment refer to the 60 day 
     timeline in different ways.
       HR
       76a. The Senate bill and House amendment have the same 
     clause (iii).
       SR with amendment to strike ``public''
       76b. The Senate bill and the House amendment have the same 
     subparagraph (C).
       HR/SR with amendment to insert ``ultimately'' after ``The 
     Secretary may''
       77. The Senate bill, but not the House amendment, includes 
     ``through the SEA''.
       HR
       78. The House amendment contains ``if requested'' at the 
     end of subclause (II).
       SR.
       79. The Senate bill and House amendment contain different 
     provisions on external conditions.
       HR
       80. The House amendment, but not the Senate bill, includes 
     Indian tribes in paragraph (1).
       SR
       81. The House amendment, but not the Senate bill, removes 
     the paragraph related to maintenance of effort.
       HR
       82. The House amendment, but not the Senate bill removes 
     the paragraph related to charter schools. The Senate bill 
     updates a cross reference in paragraph (8) of the Senate 
     bill.
       HR
       83. The House amendment, but not the Senate bill, makes 
     changes to current law paragraph (9) (paragraph (7) in the 
     House amendment) regarding prohibitions.
       HR/LC
       84. The Senate bill and House amendment contain different 
     section references.
       LC
       85. The Senate bill, but not the House amendment, makes 
     updates to paragraph (10) of the Senate bill to reflect a 
     change in bill structure.
       SR
       86. The House amendment, but not the Senate bill, shortens 
     the length of possible waiver approval time from 4 years to 3 
     years.
       HR
       86a. The House amendment, but not the Senate bill, changes 
     ``Secretary determines'' to ``State demonstrates''.
       SR
       87. The Senate bill and House amendment contain different 
     provisions related to limitations.
       SR with amendment to strike ``any criterion that specifies, 
     defines, describes, or prescribes'' and all that follows to 
     ``improve'' and insert ``any specific elements of''
       88. The Senate bill and House amendment have different 
     reporting requirements.
       HR
       89. The Senate bill and House amendment have different 
     requirements for the termination of waivers.
       HR
       90. The Senate bill, but not the House amendment, includes 
     a provision for the repeal of waivers.
       SR
       91. The Senate bill, but not the House amendment, includes 
     a provision for a plan approval process for all State and 
     local applications and plans in the bill, including 
     consolidated State and local plans.
       Note not needed.
       92. The Senate bill redesignates current law section 4303 
     as section 9573, and updates references to early childhood. 
     The House amendment repeals current law section 4303.
       HR
       93. The Senate bill, but not the House amendment, includes 
     a provision for a plan approval process for all State 
     applications and plans in the bill, including consolidated 
     State plans. The House amendment includes similar language 
     for Title II State applications.

[[Page H8625]]

       HR with amendment to read as follows:
       (3) by inserting after section 9401 the following:

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

     SEC. 9451. APPROVAL AND DISAPPROVAL OF STATE PLANS.

       (a) Approval--A plan submitted by a State pursuant to 
     section [2101(d), 4103(d), or 9302] shall be approved by the 
     Secretary unless the Secretary makes a written determination 
     (which shall include rationale supporting such 
     determination), prior to the expiration of the 90-day period 
     beginning on the date on which the Secretary received the 
     plan, that the plan is not in compliance with section 
     [2101(d) or 4103(d) or part C], respectively; and
       94. The Senate bill, but not the House amendment, includes 
     a provision for a plan disapproval process for all State 
     applications and plans in the bill, including consolidated 
     State plans. The House amendment includes similar language 
     for Title II State applications.
       HR with an amendment to read as follows:
       (E) conduct a hearing within 30 days of the plan's 
     resubmission under subparagraph (C), unless a State declines 
     the opportunity for such hearing; and
       (F) request additional information, only as to the 
     noncompliant provisions, needed to make the plan compliant.
       (c) Limitation.--A plan submitted under section [ section 
     2101(d), 4103(d), or 9302] shall not be approved or 
     disapproved based upon the activities proposed within such 
     plan if such proposed activities meet the applicable program 
     requirements.''
       (3) Response.--If the State educational agency responds to 
     the Secretary's notification described in paragraph (2)(A) 
     during the 45-day period beginning on the date on which the 
     State educational agency received the notification, and 
     resubmits the plan with the requested information described 
     in paragraph (2)(C), the Secretary shall approve such plan 
     unless the Secretary determines the plan does not meet the 
     requirements of this part.
       95. The Senate bill ensures consolidated State plans 
     related to Part A are subject to Title I peer review.
       HR
       96. The Senate bill, but not the House amendment, includes 
     a provision for a plan approval process for all local 
     applications and plans in the bill, including consolidated 
     local plans. The House amendment includes similar language 
     for Title II local applications.
       HR with amendment to read as follows:

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

       (a) Approval--An application submitted by a local 
     educational agency pursuant to section [2102(b), 4104(b), or 
     9305], shall be approved by the State educational agency 
     unless the State educational agency makes a written 
     determination (which shall include the supporting information 
     and rationale for such determination), prior to the 
     expiration of the 90 day period beginning on the date on 
     which the State educational agency received the application, 
     that the application is not in compliance with section 
     2102(b) or 4104(b), or part C, respectively.
       97. The Senate bill, but not the House amendment, includes 
     a provision for a plan disapproval process for all local 
     applications and plans in the bill, including consolidated 
     local plans. The House amendment includes similar language 
     for Title II local applications.
       HR with amendment to read as follows:
       (b) Disapproval Process--
       (E) conduct a hearing within 30 days of the application's 
     resubmission under subparagraph (C), unless a local 
     educational agency declines the opportunity for such hearing; 
     and
       (3) Response--If the local educational agency responds to 
     the State educational agency's notification described in 
     paragraph (2)(A) during the 45-day period beginning on the 
     date on which the local educational agency received the 
     notification, and resubmits the application with the 
     requested information described in paragraph (2)(C), the 
     State educational agency shall approve such application 
     unless the State educational agency determines the 
     application does not meet the requirements of this part.
       98. The Senate bill and House amendment make different 
     changes to participation requirements for private school 
     children.
       STRIKE
       99. The House amendment, but not the Senate bill, adds ``or 
     their representatives''.
       HR
       100. The House amendment, but not the Senate bill, adds an 
     ombudsman.
       SR
       101. The House amendment, but not the Senate bill, makes 
     changes to expenditures, including adding provisions for 
     obligations of funds and notice of allocation.
       HR
       102. The House amendment includes a (B) for obligation of 
     funds.
       SR with amendment to strike clause (ii)
       Report Language: ``It is the Conferees intent to ensure 
     that the agency shall provide services to eligible students 
     under this provision in a timely manner to ensure such 
     services will be provided in the year in which the funds were 
     received by such agency. If the agency does not provide 
     equitable services in the year in which the funds were 
     received, such funds should not be redistributed for general 
     use because such services were not provided.''
       103. House amendment adds paragraph (C).
       SR with an amendment to strike ``determine'' through all of 
     clause (ii) and insert ``provide notice in a timely manner to 
     the appropriate private school officials in the State of the 
     allocation of funds for educational services and other 
     benefits under this subpart that the local educational 
     agencies have determined are available for eligible private 
     school children.''
       104. The Senate bill and House amendment have equitable 
     participation provisions apply to different programs in the 
     Act.
       SR with an amendment to strike and insert the following:
     (A) Part C of title I;
     (B) Part A of title II;
     (C) Part A of title III;
     (D) Part A of title IV; and
     (E) Part B of title IV;
       105. The Senate bill and House amendment have different 
     changes to subsection (c)(1).
       SR with amendment to strike ``in order to reach an 
     agreement, with appropriate private school officials during 
     the design and development of the programs under this Act, on 
     issues such as'' and insert ``. Such agency and private 
     school officials shall both have the goal of reaching 
     agreement on how to provide equitable and effective programs 
     for eligible private school children,''
       106. The House and Senate make different changes to 
     subparagraph (E).
       HR
       107. The House amendment adds ``or representatives'' to 
     subparagraph (F).
       HR
       108. The Senate bill but not the House amendment includes 
     contract before services.
       SR
       109. The House amendment includes a subparagraph (G).
       HR
       110. The Senate bill and House amendment include similar 
     policy in subparagraph (G) of the Senate bill and 
     subparagraph (H) of the House amendment.
       HR
       110a. The House amendment includes subparagraph (I).
       SR
       111. The House amendment includes ``or representatives'' in 
     paragraph (2).
       HR
       112. The House amendment makes changes to paragraph (2).
       HR
       113. The House amendment adds paragraph (5) on 
     documentation.
       SR with an amendment to strike ``or representatives'' and 
     to insert after ``indicate'' ``that such officials' belief'' 
     (See EP #33)
       114. The House amendment adds paragraph (6) on compliance.
       SR with an amendment to strike ``or representatives'' and 
     insert ``make a decision that treats'' after ``or did not''
       115. The House amendment adds subparagraph (C) in paragraph 
     (6) on state services.
       SR with amendment to strike ``and institutions, if --`` and 
     all that follows through the end and insert ``and 
     institutions, if the appropriate private school officials or 
     their representatives have--

     `(I) requested that the State educational agency provide such 
     services directly; and
     `(II) demonstrated that the local educational agency involved 
     has not met the requirements of this section in accordance 
     with the procedures for making such a request, as prescribed 
     by the State educational agency;''

       116. The House amendment and Senate bill reference 
     different sections in 6502 and 6503.
       LC
       117. The House amendment, but not the Senate bill, adds a 
     45 day timeline for complaints to be resolved by the states.
       SR
       118. The House amendment changes the Secretary's timeline 
     to 90 days.
       SR
       119. The Senate bill, but not the House amendment, includes 
     a provision for maintenance of effort.
       HR
       120. The Senate bill, but not the House amendment, includes 
     a change to this provision for school prayer.
       HR
       121. The Senate bill and the House amendment both include 
     prohibitions on Federal government and use of funds, but 
     include different language.
       SR with amendment to read as follows:

     SEC. 8XXX. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, 
                   OR CONTROL.

       (a) In General.--No officer or employee of the Federal 
     Government shall, through grants, contracts, or other 
     cooperative agreements, mandate, direct, or control a State, 
     local educational agency, or school's specific instructional 
     content, academic standards and assessments, curricula, or 
     program of instruction developed and implemented to meet the 
     requirements of this Act (including any requirement, 
     direction, or mandate to adopt the Common Core State 
     Standards developed under the Common Core State Standards 
     Initiative, any other academic standards common to a 
     significant number of States, or any assessment, 
     instructional content, or curriculum aligned to such 
     standards), nor shall anything in this Act be construed to 
     authorize such officer or employee to do so.
       (b) Financial Support.--No officer or employee of the 
     Federal Government shall condition or incentivize the receipt 
     of any

[[Page H8626]]

     grant, contract, or cooperative agreement, the receipt of any 
     priority or preference under such grant, contract, or 
     cooperative agreement, or the receipt of a waiver under 
     section [8401] upon a State, local educational agency, or 
     school's adoption or implementation of specific instructional 
     content, academic standards and assessments, curricula, or 
     program of instruction developed and implemented to meet the 
     requirements of this Act (including any condition, priority, 
     or preference to adopt the Common Core State Standards 
     developed under the Common Core State Standards Initiative, 
     any other academic standards common to a significant number 
     of States, or any assessment, instructional content, or 
     curriculum aligned to such standards).

     SEC. 8XXX. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF 
                   FEDERAL FUNDS.

       (a) General Prohibition.--Nothing in this Act shall be 
     construed to authorize an officer or employee of the Federal 
     Government, including through a grant, contract, or 
     cooperative agreement, to mandate, direct, or control a 
     State, local educational agency, or school's curriculum, 
     program of instruction, or allocation of State or local 
     resources, or mandate a State or any subdivision thereof to 
     spend any funds or incur any costs not paid for under this 
     Act
       122. The Senate bill and the House amendment include 
     prohibitions on the endorsement of curriculum, but include 
     different language.
       SR with amendment to strike ``directly or indirectly''
       123. The House amendment includes a protection for local 
     control.
       SR with an amendment to strike ``directly'' or indirectly''
       124. The Senate bill and the House amendment include a 
     prohibition on Federal approval of standards using different 
     language.
       SR with an amendment to strike ``directly'' or indirectly''
       125. The Senate bill, but not the House amendment, includes 
     a rule of construction.
       HR with an amendment to strike subparagraph (A) and to 
     strike in subparagraph (B) ``Nothing in this section'' and 
     insert ``Nothing in this Act''
       125a. The House amendment and Senate bill have different 
     references, but the same policy.
       LC
       126. The House amendment, but not the Senate bill, contains 
     provisions on prohibited uses of funding for construction, 
     medical services, drug treatment, and other uses.
       SR
       126a. The House amendment, but not the Senate bill, has a 
     prohibition for construction in (1)
       SR with an amendment to strike ``title IV or otherwise 
     authorized''
       126b. The House amendment and Senate bill includes 
     different paragraph (2)s.
       HR
       126c. The House amendment, but not the Senate bill, has a 
     paragraph on transportation prohibition.
       SR
       126d. The House amendment, but not the Senate bill, makes 
     changes to (4) and (5).
       HR
       127. The Senate bill and the House amendment include an 
     Armed Forces Recruiter Access policy, but use different 
     language in (a)(1).
       SR
       128. The House amendment, but not the Senate bill, amends 
     the opt out process.
       SR
       129. The House amendment, but not the Senate bill, adds a 
     rule of construction on opt-in processes.
       SR
       130. The House amendment, but not the Senate bill, adds a 
     provision on parental consent.
       SR
       130a. The House amendment includes a reference to the bill 
     title.
       LC
       131. The Senate bill and the House amendment include a 
     prohibition on federally sponsored testing, but use different 
     language.
       HR
       132. The Senate bill, but not the House amendment updates 
     an ESRA reference.
       HR
       133. The Senate bill, but not the House amendment, also 
     includes a rule of construction.
       SR
       134. The Senate bill and the House amendment include a 
     limitation on national testing or certification for teachers, 
     but use different language.
       HR with an amendment to insert in the heading ``, 
     principals, or other school leaders'' after teachers
       135. The Senate bill adds ``principals'' after 
     ``teachers''.
       HR with an amendment to read as follows:
       ``(1) by inserting ', principals, or other school leaders,' 
     after `teacher'; and'' insert ``, or other school leaders'' 
     before the period.
       136. The Senate bill adds ``or incentive regarding'' after 
     ``administration of''.
       HR
       137. The House amendment moves the prohibition regarding 
     state aid and changes ``title viii'' to ``title iv'' to 
     reflect a change of structure in the House amendment, but 
     otherwise the provisions are identical.
       HR/SR with an amendment to strike ``title VIII'' and insert 
     ``title VII''
       138. The House amendment, but not the Senate bill, includes 
     a provision on prohibitions regarding requiring state 
     participation.
       SR
       139. The Senate bill, but not the House amendment, includes 
     a provision on consultation with Indian tribes.
       HR to strike the Senate language and insert the following:

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

       (a) In General.--To ensure timely and meaningful 
     consultation on issues affecting American Indian and Alaska 
     Native students, an affected local educational agency shall 
     consult with appropriate officials from Indian tribes or 
     tribal organizations approved by the tribes located in the 
     area served by the local educational agency prior to the 
     affected local educational agency's submission of a required 
     plan or application for a covered program under this Act or 
     for a program under Title VII of this Act.
       (b) Documentation.--Each affected local educational agency 
     shall maintain in the agency's records and provide to the 
     State educational agency a written affirmation signed by the 
     appropriate officials of the participating tribes that the 
     consultation required by this section has occurred. If such 
     officials do not provide such affirmation within a reasonable 
     period of time, the affected local educational agency shall 
     forward documentation that such consultation has taken place 
     to the State educational agency.
       (c) Affected Local Educational Agency.--In this section, 
     the term `affected local educational agency' means a local 
     educational agency--
     (1) with an enrollment of American Indian or Alaska Native 
     students that is not less than 50 percent of the total 
     enrollment of the local educational agency; or
     `(2) that received a grant in the previous fiscal year under 
     Title VI, Part A, Subpart 1 that exceeded $40,000. .'.
       (e) Appropriate officials.--In this section, the term 
     ``appropriate officials'' means tribal officials who are 
     elected or appointed tribal leaders or officials designated 
     in writing by an Indian tribe for this specific consultation 
     purpose.
       (f) Rule of Construction. Subject to the requirement in 
     (a), nothing in this section shall be construed to require 
     the local educational agency to determine who are the 
     appropriate officials nor shall the local educational agency 
     be liable for consultation with appropriate officials that 
     the tribe determines were not the correct individuals.
       (g) Limitation.
     (1) Consultation required under this section shall not 
     interfere with the timely submission of the plans or 
     applications required under this Act..
       140. The Senate bill, but not the House amendment, includes 
     a provision on competitive grants applications from BIE.
       SR
       141. The Senate bill, but not the House amendment, includes 
     a provision on outreach and technical assistance for rural 
     local educational agencies.
       HR
       142. The Senate bill, but not the House amendment, includes 
     a provision on consultation with the governor.
       HR
       143. The Senate bill and House amendment, include 
     provisions to protect local control, but use different 
     language.
       HR
       144. The Senate bill, but not the House amendment includes 
     a rule of construction regarding travel to and from school.
       HR
       145. The House amendment, but not the Senate bill, includes 
     a provision regarding abortion and school-based health 
     centers.
       SR with an amendment to strike and insert the following:

     SEC. 6532. SCHOOLCHILDREN'S PROTECTION FROM ABORTION 
                   PROVIDERS.''

       and all that follows and insert the following:

     SEC. XXXX. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS.

       Notwithstanding section [8102], funds used for activities 
     under this Act shall be carried out in accordance with the 
     provision of section 399z-1(a)(3)(C) of the Public Health 
     Service Act (42 U.S.C. 280h--5(a)(3)(C)).
       146. The House amendment, but not the Senate bill, includes 
     a provision regarding state control over standards.
       SR with an amendment to strike ``or any other specific 
     standards,'' and insert ``or otherwise revise their 
     standards.''
       147. The Senate bill and the House amendment include 
     similar provisions, except that the House amendment adds ``as 
     prescribed under section 1401.''.
       HR
       148. The House amendment, but not the Senate bill, includes 
     a provision for peer review to relate to the whole bill.
       HR
       149. The House amendment, but not the Senate bill, includes 
     a provision for parental consent.
       HR
       150. The House amendment, but not the Senate bill, includes 
     a provision for reduction in federal spending.
       HR
       151. The House amendment, but not the Senate bill, includes 
     findings and a sense of Congress on protecting student 
     privacy.
       SR
       152. The House amendment, but not the Senate bill, includes 
     a provision for States retaining rights and authorities they 
     do not expressly waive.
       HR
       153. The House amendment, but not the Senate bill, contains 
     a provision on reallocation among the states.

[[Page H8627]]

       HR/SR Strike all and replace with the following:
       Sense of the Congress.--It is the Sense of Congress that 
     State and local officials should be consulted and made aware 
     of the requirements that accompany participation in 
     activities authorized under this Act prior to a State or 
     local educational agency's request to participate in such 
     activities.
       154. The House amendment, but not the Senate bill, contains 
     a definition for State with a biennial legislature.
       HR
       155. The House amendment, but not the Senate bill, contains 
     a provision related to the intent of Congress.
       HR
       156. The House amendment requires the Secretary to ensure 
     that grantees understand their responsibility to protect 
     student privacy. The Senate bill does not include this 
     provision in this title.
       SR with an amendment to strike ``ensure'' and insert 
     ``require an assurance that''
       157. The House amendment, but not the Senate bill, 
     eliminates current law section 9532 regarding ``Unsafe School 
     Choice Option.''
       HR
       158. The Senate bill and the House amendment include a part 
     on Evaluations, but include different provisions.
       HR
       159. The Senate bill requires and prioritizes evaluations, 
     studies, and dissemination. The House amendment just allows 
     these things.
       HR
       160. The Senate bill and House amendment make evaluating 
     effects and efficiencies of programs allowable, but use 
     different structures.
       HR
       161. The Senate bill and House amendment allow funds to be 
     used to increase evaluation usefulness, but use different 
     language.
       HR
       162. The Senate bill, but not the House amendment, allows 
     funds to assist grantees in collecting and analyzing data 
     related to evaluations.
       HR
       163. The Senate bill and House amendment both require an 
     evaluation plan, but use different language around the 
     requirements.
       HR
       164. The Senate bill requires the National Assessment of 
     Title I funds to go directly to this section, and excludes 
     other Title I funds to be reserved for evaluation. The House 
     amendment prohibits the reservation of Title I funds.
       HR
       165. The Senate bill, but not the House amendment, includes 
     this provision on consolidation.
       HR
       166. The Senate bill and House amendment contain similar 
     language related to evaluation activities authorized 
     elsewhere, but the House amendment includes ``other than 
     Title I'' and refers to ``or project'' in two places.
       HR
       167. The House amendment redesignates several sections of 
     current law in Title VI, General Provisions
       LC
       167a. The House amendment, but not the Senate bill, repeals 
     Title IX.
       HR
       168. The Senate bill and House amendment have different 
     section references and titles.
       HR/SR with an amendment to strike Sec.  9117 and insert the 
     following:

     SEC. 9117. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE.

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

     SEC. 9539. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE.

       (a) In General.--A State, State educational agency, or 
     local educational agency in the case of a local educational 
     agency designated under State law, that receives Federal 
     funds under this Act shall have laws, regulations, or 
     policies that prohibit any person who is a school employee, 
     contractor, or agent, or any State educational agency or 
     local educational agency, from assisting a school employee, 
     contractor, or agent in obtaining a new job, apart from the 
     routine transmission of administrative and personnel files, 
     if the person or agency knows, or has probable cause to 
     believe, that such school employee, contractor, or agent 
     engaged in sexual misconduct regarding a minor or student in 
     violation of the law.
       `(b) Exception.--The requirements of subsection (a) shall 
     not apply if the information giving rise to probable cause--
       (1)(A) has been properly reported to a law enforcement 
     agency with jurisdiction over the alleged misconduct; and
       (B) has been properly reported to any other authorities as 
     required by Federal, State, or local law, including title IX 
     of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) 
     and the regulations implementing such title under part 106 of 
     title 34, Code of Federal Regulations, or any succeeding 
     regulations; and
       (2)(A) the case has been officially closed or the 
     prosecutor with jurisdiction over the alleged misconduct has 
     investigated the allegations and notified school officials 
     that there is insufficient information to establish probable 
     cause that the school employee, contractor, or agent engaged 
     in sexual misconduct regarding a minor or student in 
     violation of the law;
       (B) the school employee, contractor, or agent has been 
     charged with, and exonerated of, the alleged misconduct; or
       (C) the case remains open but there have been no charges 
     filed against, or indictment of, the school employee, 
     contractor, or agent within 4 years of the date on which the 
     information was reported to a law enforcement agency.
       (c) Prohibition.--The Secretary shall not have the 
     authority to mandate, direct, or control the specific 
     measures adopted by a State, State educational agency, or 
     local educational agency under this section.
       (d) Construction.--Nothing in this section shall be 
     construed to prevent a State from adopting, or to override a 
     State law, regulation, or policy that provides, greater or 
     additional protections to prohibit any person who is a school 
     employee, contractor, or agent, or any State educational 
     agency or local educational agency, from assisting a school 
     employee who engaged in sexual misconduct regarding a minor 
     or student in violation of the law in obtaining a new job.''.
       169. The Senate bill, but not the House amendment, includes 
     the State in addition to the State educational agency and 
     local educational agency in the prohibition.
       See note 168.
       170. The Senate bill, but not the House amendment, requires 
     that any State, State educational agency, or local 
     educational agency that receives funds under this Act have 
     laws, regulations, or policies in place to prohibit assisting 
     in the transfer.
       See note 168.
       171. The House amendment, but not the Senate bill, makes a 
     local educational agency or State educational ineligible for 
     funds under this Act if they ``knowingly facilitate'' a 
     transfer of an employee.
       See note 168.
       172. The Senate bill, but not the House amendment, includes 
     contractors or agents in addition to school employees.
       See note 168.
       173. The Senate bill, but not the House amendment, uses the 
     phrase ``knows or recklessly disregards credible information 
     indicating''.
       See note 168.
       Report Language: ``As used in section 8546, Prohibition on 
     Aiding and Abetting Sexual Abuse, the phrase ``has probable 
     cause to believe'' means that the person knows facts that 
     would lead a reasonable person to conclude that a school 
     employee, contractor, or agent has previously engaged in, or 
     is currently engaging in sexual misconduct.''
       174. The House amendment, but not the Senate bill, uses the 
     phrase ``knowingly facilitates the transfer of''.
       See note 168.
       175. The Senate bill, but not the House amendment, includes 
     exceptions for certain circumstances.
       See note 168.
       176. The Senate bill, but not the House amendment, includes 
     a prohibition on secretarial authority to mandate, direct, or 
     control specific measures adopted by a State, State 
     educational agency, or local educational agency.
       See note 168.
       177. The Senate bill, not the House amendment, has a rule 
     of construction regarding State's rights and laws.
       See note 168.

                 McKinney-Vento Homeless Assistance Act

       1. The House amendment has a separate Title VII for 
     ``Homeless Education''. The Senate bill merges ``Homeless 
     Education'' with ``Other Laws'' and ``Miscellaneous'' in 
     Title X.
       HR/SR with an amendment to place in new Title IX
       2. The House amendment and Senate bill refer to the 
     paragraph to be amended in the McKinney-Vento Homeless 
     Assistance Act in different ways.
       LC
       3. The House amendment and Senate bill use different 
     language when referring to State and local educational 
     agencies.
       SR
       4. The House amendment and Senate bill make the same change 
     in paragraph (3).
       LC
       5. The Senate bill includes the word ``challenging'' as it 
     relates to State academic standards.
       HR
       6. The House amendment and Senate bill provide for 
     different section titles.
       HR
       7. The House amendment and Senate bill make different 
     references to the Act to be amended.
       LC
       8. The House amendment provides for a technical edit.
       HR
       9. The Senate bill amends subsection (b) to be named ``(b) 
     Reservations'' and to include two paragraphs--``(1) Students 
     in Territories'' and ``(2) Indian Students''.
       SR
       10. The Senate bill authorizes a 0.1 percent reservation 
     for certain outlying areas, which the House amendment 
     provides for in subsection (c)(2)(A).
       SR
       11. The Senate bill requires the Secretary to transfer 1 
     percent of funds to the Department of Interior, which the 
     House amendment provides for in subsection (c)(2)(B)(i).
       SR
       12. The Senate bill requires the Secretary and the 
     Department to enter an agreement

[[Page H8628]]

     on use and distribution of the transferred funds, which the 
     House amendment provides for in subsection (c)(2)(B)(ii).
       SR
       13. The House amendment strikes the requirement that the 
     Secretary must provide to a State, at a minimum, the amount a 
     State received in 2001 under section 722(c) of the McKinney-
     Vento Homeless Education Assistance Act as one option under 
     ``State Allocations.''
       HR
       14. The House amendment strikes paragraph (3) that excludes 
     certain outlying areas from being considered a ``State'' for 
     purposes of fund allocations.
       HR
       15. The Senate bill redesignates paragraph (3) as paragraph 
     (4).
       SR
       16. The Senate bill renames subsection (c) to be titled 
     ``(c) Allotments''.
       SR
       17. The Senate bill makes technical changes to subsection 
     (c) ``Allotments''.
       SR
       18. The Senate bill creates a new paragraph allowing the 
     Secretary to ratably reduce State allotments under this 
     section if insufficient funds are available, which the House 
     amendment provides for in subsection (c)(1)(B).
       SR
       19. The House amendment makes a technical change to change 
     a reference to ``Grants'' to ``Grant funds from a grant made 
     to a State''.
       HR
       20. The Senate bill adds ``and youths'' as it relates to 
     the identification of homeless children.
       HR
       21. The Senate bill and House amendment make similar 
     changes to this required use of funds, but the Senate bill 
     changes ``or'' to ``including.''
       HR
       22. The Senate bill and House amendment are similar, except 
     the Senate bill includes ``for the Office'' to clarify what 
     entity the described duties in the subtitle are for.
       LC
       23. The House amendment expands grant activities to include 
     professional development opportunities for the homeless 
     liaison and other local educational agency personnel to 
     better identify and respond to the needs of homeless children 
     and youth.
       SR
       24. The House amendment removes the word ``sums'' and 
     inserts ``grant funds under this subsection'' to describe 
     funds made available under the subtitle. The House amendment 
     makes a technical edit to a reference to account for a 
     previous change.
       HR on first sentence. LC on second sentence.
       25. The Senate bill makes a technical edit to a reference 
     to account for a previous change.
       SR
       26. The House amendment describes when a State may use 
     funds available for State activities--after it distributes 
     subgrants to local educational agencies.
       SR
       27. The House amendment, but not the Senate bill, makes a 
     technical change to remove a reference to a section that no 
     longer exists in the amendment.
       SR
       28. The Senate bill, but not the House amendment, makes a 
     technical edit to a reference to account for a later change.
       HR
       29. The House amendment, but not the Senate bill, makes the 
     report on separate schools and local educational agencies an 
     annual report as opposed to a one-time report.
       HR
       30. The House amendment adds a requirement in the annual 
     report for the Secretary to review homeless students' 
     educational progress under the States academic standards for 
     those students who are in separate schools.
       SR
       31. The Senate bill and House amendment make identical 
     changes in clause (iii).
       LC
       32. The Senate bill and House amendment include different 
     text to describe modifications to be made to subsection (f).
       LC
       33. The Senate bill and House amendment include identical 
     language in paragraph (1), except a technical difference in 
     subparagraph (A) where the Senate bill adds ``which shall 
     be'' when describing how the number of homeless children will 
     be posted.
       LC
       34. The House amendment and Senate bill are identical.
       LC
       35. The Senate bill, but not the House amendment, includes 
     ``reasonably'' before ``require, a report''.
       HR
       36. The House amendment, but not the Senate bill, includes 
     ``support'' before services.
       HR
       37. The Senate bill, but not the House amendment, requires 
     the Coordinator for Education of Homeless Children and Youths 
     in each State to conduct monitoring of the local educational 
     agencies to ensure compliance with various requirements, in 
     addition to providing them technical assistance.
       HR
       38. The Senate bill and House amendment refer to the local 
     educational agency liaison by differing terms.
       HR
       39. The Senate bill, but not the House amendment, requires 
     the Coordinator for Education of Homeless Children and Youths 
     in each State to provide training for local educational 
     agency personnel and the local educational agency liaison on 
     the definitions of terms related to homelessness throughout 
     the McKinney-Vento Homeless Assistance Act.
       SR with an amendment to insert ``, and provide training on 
     the definitions of terms related to homelessness specified in 
     sections 103, 401, and 725 to the liaison'' after youths
       40. The Senate bill and House amendment are similar, except 
     the Senate bill offers additional clarifying language on how 
     the provision relates to unaccompanied youths.
       HR
       41. The Senate bill and House amendment include different 
     text to describe modifications to be made to subsection (g).
       LC
       42. The House amendment adds additional qualifying language 
     to this paragraph to describe how a State will submit a plan 
     in order to be eligible for funds.
       HR
       43. The Senate bill and House amendment are similar, except 
     the Senate bill includes ``challenging'' in describing State 
     academic standards.
       HR
       44. The House amendment and Senate bill are identical.
       LC
       45. The House amendment and Senate bill are identical.
       LC
       46. The Senate bill includes additional school personnel 
     who must be included in programming intended to heighten 
     awareness of the specific needs of homeless children and 
     youths.
       HR with amendment to insert ``other'' before ``school 
     leaders''
       46a. The Senate bill, but not the House amendment, makes 
     reference to subparagraph (J)(ii).
       LC
       47. The Senate bill strikes ``runaway and homeless youths'' 
     and inserts ``of homeless children and youths, including such 
     children and youths who are runaway and homeless youths;''
       HR
       48. The House amendment and Senate bill are identical.
       LC
       49. The House amendment and Senate bill are identical.
       LC
       50. The Senate bill includes language requiring that 
     homeless children have access to ``the same'' State and local 
     public preschool programs as other children in the State and 
     adds qualifying language on how the same access for homeless 
     children will be achieved. The House amendment requires 
     homeless children have ``equal'' access to public preschool 
     programs as other children.
       SR with an amendment to strike ``equal''
       51. The Senate bill, but not the House amendment, requires 
     that States implement policies and practices to ensure that 
     homeless youths and youths separated from public schools 
     receive appropriate credit for full or partial coursework 
     satisfactorily completed while attending a prior school as an 
     example of how homeless youths are accorded equal access to 
     appropriate secondary education and support services.
       SR with an amendment to strike ``services; and'' and insert 
     the following:
       services, including by identifying and removing barriers 
     that prevent youths described in this clause from receiving 
     appropriate credit for full or partial coursework 
     satisfactorily completed while attending a prior school, in 
     accordance with State, local and school policies.
       52. The Senate bill, but not the House amendment, includes 
     specific types of Federal, State, or local education programs 
     in which the State must ensure homeless children are able to 
     participate, if such programs are available at the State or 
     local levels.
       SR with amendment to strike clause (iv) and in clause (iii) 
     from ``are able'' and all that follows and insert the 
     following:
       do not face barriers to accessing academic and extra-
     curricular activities, including magnet school, summer 
     school, career and technical education, advanced placement, 
     online learning opportunities, and charter school programs, 
     if such programs are available at the State and local levels
       Report Language: ``When considering barriers, the Conferees 
     intend for homeless students to be afforded the same 
     opportunities to participate in academic and extracurricular 
     activities as other students, but not for policies to be 
     applied to homeless students who do not meet relevant 
     eligibility criteria for such activities. Academic and 
     extracurricular activities should make every effort to offer 
     opportunities to homeless students by revising the policies 
     and procedures that create barriers specifically related to 
     the students' homelessness and not to other factors that may 
     compromise program integrity.''
       53. The Senate bill, but not the House amendment, requires 
     States to describe procedures to ensure State and local 
     policies and practices are adopted to promote homeless 
     children and youths' academic success.
       SR
       54. The House amendment and Senate bill are identical.
       LC
       55. The House amendment and Senate bill are identical.
       LC

[[Page H8629]]

  

       56. The Senate bill, but not the House amendment, includes 
     examples to specific barriers to the enrollment and retention 
     of homeless youths.
       HR with amendment to strike ``State, including'' and all 
     that follows and insert the following:
       ``State, including barriers to enrollment and retention due 
     to outstanding fees and fines, or absences.
       57. The House amendment and Senate bill are similar.
       LC
       58. The House amendment and Senate bill are identical.
       LC
       59. In clause (ii), the Senate bill requires assurances the 
     homeless liaison will have sufficient training and time to 
     carry out required duties.
       SR with an amendment to add ``able to carry out the duties 
     described in paragraph (6)(A)'' after ``person'' and strike 
     ``to carry out the duties described in paragraph (6)(A) after 
     ``youths'' and to add a new (iv) at the end that reads ``(iv) 
     the state and its local educational agencies will adopt 
     policies and practices to ensure participation by liaisons 
     described in clause (ii) in professional development and 
     other technical assistance activities provided pursuant to 
     paragraphs (5) and (6) of subsection (f), as determined 
     appropriate by the Office of the Coordinator.''
       60. In clause (iii), the Senate bill adds clarifying 
     language that a homeless child's school of origin may include 
     a preschool.
       SR
       61. The House amendment and Senate bill are identical.
       LC
       62. The House amendment, but not the Senate bill, includes 
     an additional requirement for the State to describe how 
     homeless youths will receive assistance from counselors to 
     improve college readiness.
       SR
       63. The Senate bill and House amendment are identical.
       LC
       64. The Senate bill and House amendment are virtually 
     identical, except the Senate bill changes ``or'' to ``and'' 
     between subclauses (I) and (II) within clause (i).
       HR
       65. The House amendment and Senate bill are identical.
       LC
       66. The House amendment and Senate bill are identical.
       LC
       67. The Senate bill adds ``or (in the case of an 
     unaccompanied youth) the youth'' to clarify to whom the 
     presumption applies when discussing the best interest of an 
     unaccompanied youth.
       HR
       68. The House amendment adds the words ``student-centered'' 
     when discussing the factors related to a child's best 
     interest. The Senate bill and House amendment contain 
     different language with the same intention as it relates to 
     giving priority to the request of a parent, guardian, or 
     unaccompanied youth.
       HR with an amendment to add ``student-centered'' before 
     ``factors related''.
       69. The House amendment requires that if a local 
     educational agency determines that it is not in the child or 
     youth's best interest to attend the school of origin, the 
     local educational agency must provide a written explanation 
     in a manner and form understandable to parents, guardians, or 
     an unaccompanied youth and information regarding the right to 
     appeal the decision. The Senate amendment requires such 
     information to be provided after already sending a child or 
     youth to the new school.
       SR
       70. In clause (iv), the Senate bill requires an 
     unaccompanied youth's views to be considered and taken into 
     account when determining such youth's best interest. The 
     House amendment requires such youth's views to be 
     prioritized.
       SR
       71. The Senate bill adds ``immediate'' to the subparagraph 
     title.
       HR
       72. The House amendment and Senate bill are identical.
       LC
       73. The House amendment and Senate bill are identical.
       LC
       74. The Senate bill refers to ``health records'' when 
     describing the relevant health records needed to be obtained 
     for an enrolling homeless child or youth and the House 
     amendment refers to ``other required health records''.
       SR
       75. The Senate bill contains clarifying language regarding 
     who shall be referred to the homeless liaison in the case of 
     unaccompanied youths.
       HR
       76. The Senate bill refers to ``health records'' in 
     describing records in the subparagraph and the House 
     amendment refers to ``other required health records''.
       SR
       77. The Senate bill, but not the House amendment, expands 
     the enrollment disputes process to apply to disputes over 
     eligibility for enrollment.
       SR with an amendment to add 
     ``eligibility, '' after ``over''
       78. The Senate bill, but not the House amendment, includes 
     language clarifying that enrollment in a public school 
     includes a public preschool.
       SR
       79. The House amendment and Senate bill are identical.
       LC
       80. The Senate bill and House amendment are similar, except 
     the Senate bill includes clarifying language around how the 
     clause applies to unaccompanied youth and that decisions 
     related to school selection and enrollment will require a 
     written explanation be provided to parents, guardians, or an 
     unaccompanied youth.
       HR
       81. The House amendment and Senate bill are similar.
       SR
       82. The House amendment and Senate bill are identical.
       LC
       83. The Senate bill includes this as a new subparagraph 
     (G). The House amendment includes this in a new subparagraph 
     (I). The Senate exchanges the content of subparagraphs (G) 
     and (I).
       LC
       84. The Senate bill contains language clarifying language 
     that information on a homeless student's living situation 
     should be treated as a student education record, and not 
     directory information, under section 444 of the General 
     Education Provisions Act. The House amendment includes 
     similar language, and clarifies that information will not be 
     released to certain individuals, per specific regulations.
       HR with an amendment to strike ``and not as directory 
     information'' and insert ``and shall not be deemed directory 
     information''
       85. The House amendment and Senate bill are identical.
       LC
       86. The Senate bill and House amendment are identical, 
     except the Senate bill includes this definition as 
     subparagraph (I)(i) and the House amendment includes this as 
     subparagraph (G)(i).
       SR with an amendment to insert ``, including a preschool'' 
     before the period at the end.
       87. The Senate bill and House amendment are similar, except 
     the Senate bill uses different language to describe how a 
     receiving school is a school of origin and does not include 
     ``for all feeder schools'' at the end of the clause.
       SR
       88. The House amendment, but not the Senate bill, includes 
     an additional requirement for schools to ensure homeless 
     children and youth are held to the same State academic 
     standards to which other students are held.
       HR
       89. The Senate bill and House amendment require that 
     homeless children and youth are provided comparable services, 
     including transportation. The Senate bill clarifies that such 
     transportation may include transportation to a preschool.
       SR
       90. The Senate bill includes access to charter and magnet 
     school programs as examples of comparable services homeless 
     students must receive.
       SR
       91. The House amendment and Senate bill are identical.
       LC
       92. The House amendment and Senate bill are identical.
       LC
       93. The House amendment and Senate bill are identical.
       LC
       93a. The House amendment and Senate bill are identical.
       LC
       94. The Senate bill and House amendment are similar, except 
     the Senate bill includes transportation and transfer of 
     records as examples of inter-district activities rather than 
     as two separate categories. The Senate bill structures the 
     clause differently than the House amendment.
       SR
       95. The House amendment and Senate bill are identical.
       LC
       96. The House amendment and Senate bill are identical.
       LC
       97. The House amendment and Senate bill are identical.
       LC
       98. The Senate bill and House amendment are virtually 
     identical, except the House amendment includes a comma after 
     ``access to'' and before ``available''
       SR
       99. The House amendment and Senate bill are identical.
       LC
       100. The Senate bill and House amendment are similar, 
     except the Senate bill does not include a reference to 
     section 504 of the Rehabilitation Act of 1973.
       SR
       101. The Senate bill and House amendment are virtually 
     identical, except the House amendment adds outreach 
     activities in clause (i) in addition to coordination 
     activities, which will be used by school personnel to 
     identify homeless children.
       SR
       102. The House amendment and Senate bill are identical.
       LC
       103. The Senate bill and House amendment are virtually 
     identical, except the Senate bill includes specific 
     references to other laws where services for homeless youth 
     are also provided to which such youth should have access.
       HR

[[Page H8630]]

  

       104. The Senate bill and House amendment are virtually 
     identical, except the Senate bill refers to ``families and 
     homeless children and youths'' and the House amendment uses 
     ``families, children, and youths''.
       HR
       105. The House amendment and Senate bill are identical.
       LC
       106. The House amendment and Senate bill are identical.
       LC
       107. The House amendment and Senate bill are identical.
       LC
       108. The House amendment and Senate bill are identical.
       LC
       109. The House amendment and Senate bill are identical.
       LC
       110. The House amendment and Senate bill are identical.
       LC
       111. The Senate bill and House amendment are similar, 
     except the Senate bill adds ``challenging'' to the 
     description of State academic standards.The House amendment 
     also includes ``and practices'' after ``policies'' as it 
     relates to required access to secondary education and support 
     services.
       HR
       112. The Senate bill allows unaccompanied youths to obtain 
     assistance to receive verification of homelessness for FAFSA 
     eligibility. The House amendment requires that unaccompanied 
     youths receive verification as homeless for FAFSA 
     eligibility.
       HR
       113. The Senate bill and House amendment are similar, 
     except the Senate bill adds ``who are in secondary school'' 
     in describing the homeless youth who must be informed of the 
     duties of the homeless liaison.
       SR
       114. The Senate bill and House amendment use virtually 
     identical language to describe the annually required list of 
     liaisons on the State website.
       LC
       115. The House amendment and Senate bill are virtually 
     identical, except the Senate bill includes a reference to 
     ``information and data'' needed to meet a requirement in 
     another subsection. The House amendment just refers to 
     ``data''.
       SR
       116. The Senate bill, but not the House amendment, adds a 
     new subparagraph requiring homeless liaisons to participate 
     in professional development as determined appropriate by the 
     State coordinator. The House amendment includes no such 
     requirement.
       SR
       117. The Senate bill allows homeless liaisons or members of 
     the personnel of a local educational agency who receive 
     appropriate training to certify a child who is eligible for 
     McKinney Vento services under this Act, or a parent or family 
     of such a child or youth, as eligible for services under 
     Title IV of McKinney Vento.
       HR with an amendment to strike paragraph (E) and insert the 
     following:
       (E) Homeless status.--A local educational agency liaison 
     designated under paragraph (1)(J)(ii) who receives training 
     described in subsection (f)(6) may affirm without further 
     agency action by the Department of Housing and Urban 
     Development a child or youth who is eligible for and 
     participating in a program provided by the local educational 
     agency, or the immediate family of such a child or youth, who 
     meets the eligibility requirements of this Act for a program 
     or service authorized under title IV, as eligible for such 
     program or service.
       118. The Senate bill, but not the House amendment, removes 
     ``that receives assistance under this subtitle'' to require 
     all States to review and revise policies that may act as 
     barriers to the enrollment of homeless children and youths in 
     schools. The Senate bill adds reviewing and revising policies 
     related to identification of homeless children and youths.
       SR with an amendment to insert ``identification of homeless 
     children and youth or'' before ``enrollment''
       119. The House amendment and Senate bill are identical.
       LC
       120. The Senate bill adds language expanding requirements 
     regarding special attention to ensure a focus on 
     identification of homeless children and youth who are not 
     currently attending school.
       HR
       121. The House amendment reauthorizes subsection (h), which 
     provides for a special rule for emergency assistance for 
     students made homeless due to home foreclosure, through 2019 
     and updates language for authorization levels to reflect this 
     change. The Senate bill strikes subsection (h).
       HR
       122. The Senate bill and House amendment contain different 
     section titles and refer to McKinney-Vento Homeless 
     Assistance Act in different ways.
       HR
       123. The Senate bill and House amendment are virtually 
     identical, except Senate bill adds ``of homeless children and 
     youth'' after ``identification of''.
       SR
       124. The House amendment strikes clause (iii), which 
     requires McKinney-Vento funds to be used to expand or improve 
     services as part of a regular academic program, but not to 
     replace such services. The Senate bill maintains such clause.
       HR
       125. The Senate bill includes a technical, clarifying edit, 
     and the House amendment includes no such edit.
       HR
       126. The House amendment includes a paragraph limiting the 
     duration of the subgrants that is included in the Senate bill 
     under Section 723(c)(4).
       LC
       127. The Senate bill requires an assurance that subgrant 
     applicants will spend not less than 90 percent of the local 
     educational agency's combined fiscal effort per student or 
     aggregate expenditures of that agency and the State from the 
     previous year. The House amendment eliminates such 
     maintenance of effort provision.
       HR
       128. The Senate bill and House amendment include similar 
     provisions, except the Senate bill includes a references to 
     ``information and data requested by the State Coordinator'' 
     and the House amendment only refers to ``data requested by 
     the State coordinator''.
       SR
       129. The Senate bill requires that subgrantees assure they 
     will meet all local educational agency requirements. The 
     House amendment requires that subgrantees assure they will 
     remove barriers to local educational agency compliance with 
     removing barriers to identifying, enrolling, and retaining 
     homeless youth.
       HR
       130. The House amendment, but not the Senate bill, includes 
     a technical edit to address a later change in removing 
     authorization levels.
       HR
        131. The Senate bill, but not the House amendment, changes 
     a reference to ``preschool'' to ``early childhood education 
     and other preschool programs''.
       HR
       132. The House amendment and Senate bill are identical.
       LC
       133. The House amendment and Senate bill are identical.
       LC
       134. The House amendment and Senate bill are identical.
       LC
       135. The House amendment and Senate bill are identical.
       LC
       136. The House amendment and Senate bill are identical.
       LC
       137. The Senate bill and House amendment are identical. 
     Note clause (iii) of the House amendment amending 
     subparagraph (G) moves to note 140.
       LC
       138. The House amendment, but not the Senate bill, requires 
     that when determining the quality of an application, the 
     State educational agency consider how local educational 
     agencies applying for funds will leverage resources by 
     maximizing nonsubgrant funding for the homeless liaison 
     position and providing transportation.
       SR
       139. The Senate bill and House amendment are identical, 
     except the reference to section 1113 is different.
       LC
       140. The Senate bill and House amendment are similar, 
     except the House amendment strike ``case management or 
     related''.
       HR
       141. The Senate bill includes this description above as a 
     new section 723(b)(7). See note 129.
       HR
       142. The Senate bill and House amendment are similar, 
     except the Senate bill adds ``challenging'' to describe State 
     academic standards.
       HR
       143. The House amendment and Senate bill are identical.
       LC
       144. The Senate bill and House amendment are virtually 
     identical, except the Senate bill appears to have a technical 
     drafting error.
       SR
       145. The House amendment and Senate bill are identical.
       LC
       146. The Senate bill and House amendment are similar, 
     except the Senate bill refers to ``other health records'' and 
     the House amendment refers to ``other required health 
     records'' when describing required transferring records for 
     homeless students.
       SR
       147. The Senate bill and House amendment are similar, 
     except the Senate bill includes ``and guardians'' after 
     ``education and training to the parents'' and an additional 
     technical clarification in the latter phrase of the 
     paragraph.
       SR
       147a. The Senate bill adds an additional clarification in 
     the latter sentence of the paragraph.
       HR with an amendment to strike ``of the'' and insert ``of 
     such'' before ``children''.
       148. The House amendment and Senate bill are identical.
       LC
       149. The Senate bill and House amendment are virtually 
     identical, except the Senate bill uses ``or parental mental 
     health'' and the House amendment includes ``and parental 
     mental health''.
       SR
       150. The Senate bill, but not the House amendment, amends 
     the paragraph to expand the provision of emergency assistance

[[Page H8631]]

     to ensure that homeless children are able to enroll and 
     succeed in school beyond just attending school. The Senate 
     bill clarifies that school includes preschool programs.
       SR with an amendment to insert ``and participate fully in 
     school activities'' after ``school''.
       150a. The Senate bill, but not the House amendment, 
     clarifies that school includes preschool programs.
       SR
       151. The Senate bill and House amendment are virtually 
     identical, except in for how they reference the McKinney-
     Vento Homeless Assistance Act.
       LC
       152. The House amendment, but not the Senate bill, includes 
     dissemination of the required notice to program grantees.
       HR
       153. The Senate bill, but not the House amendment, refers 
     to Technical Assistance in the subsection title.
       HR
       154. Both the Senate bill and House amendment add technical 
     assistance to the required activities of the Secretary.
       LC
       155. The House amendment, but not the Senate bill, changes 
     references to ``applications for grants'' to ``plans for the 
     use of grant funds''.
       HR
       156. The House amendment, but not the Senate bill, extends 
     the period of application submission and grant distribution.
       SR
       157. The Senate bill and House amendment are similar, 
     except the Senate refers to supporting areas where documented 
     barriers to education persist. The House amendment does not 
     use the term ``documented.''
       HR
       158. The Senate bill requires the Secretary to develop, 
     issue, and publish ``guidelines'', whereas the House 
     amendment requires the Secretary to develop, issue, and 
     publish ``strategies.''
       HR
       159. The Senate bill contains minor technical differences 
     to the House amendment in paragraphs (1) and (2).
       LC
       160. The Senate bill requires the Secretary to collect and 
     disseminate data on homeless students not less than every two 
     years. The House amendment requires the Secretary to collect 
     and disseminate data periodically, but does not specify a 
     time period.
       SR
       161. The Senate bill and House amendment contain slightly 
     different language referencing how the location of homeless 
     children must be reported. The Senate bill only requires 
     location reporting in cases in which the child or youth's 
     location can be identified.
       SR with an amendment to strike ``location'' and insert 
     ``primary nighttime residence''
       162. The Senate bill, but not the House amendment, includes 
     a technical edit related to a later change.
       SR
       163. The Senate bill, but not the House amendment, includes 
     a technical edit related to a later change.
       SR
       164. The Senate bill, but not the House amendment, adds a 
     requirement for the Secretary to report on the academic 
     progress of homeless students, including progress on academic 
     assessments, as well as the percentage or number of homeless 
     students participating in such assessments, not less than 
     every 2 years.
       SR
       165. The Senate bill and House amendment reference their 
     respective Act titles.
       LC
       166. The House amendment provides for technical reference 
     edits not included in the Senate bill.
       SR with an amendment to strike paragraph 1 and in paragraph 
     2, to strike ``6101'' and insert ``8101''
       167. The Senate bill strikes ``awaiting foster care 
     placement'' in the definition of ``homeless children and 
     youths''.
       HR
       168. The Senate bill clarifies that the term 
     ``unaccompanied youth'' includes a homeless child or youth.
       HR
       169. The Senate bill provides for an effective date of the 
     change to the definition of ``homeless children and youths''.
       HR
       170. The Senate bill defines ``covered state'' for the 
     purposes of the date of enactment for the change to the 
     definition of ``homeless children and youths''.
       HR
       171. The Senate bill authorizes such sums for this Act 
     through 2021. The House amendment authorizes $65,042,000 for 
     this Act each year through 2019.
       SR to strike ``$65,042,000 for each of fiscal years 2016 
     through 2019'' and insert ``$85,000,000 for each of fiscal 
     years 2017 through 2020''

                          Misc. and Other Laws

       1. The House amendment, but not the Senate bill, amends 
     IDEA to repeal the definition for ``highly qualified'' as it 
     applies to special education teachers.
       SR with an amendment to insert the following:
       (1) Further amend the Individuals with Disabilities 
     Education Act by--
       (A) striking ``highly qualified teacher'' each place it 
     appears and inserting ``teachers that meet qualifications as 
     described in section 612(a)(14)(C)''; and
       (B) amending section 612(a)(14)--
       (i) in subparagraph (C) by striking ``school is highly 
     qualified by the deadline established in section 1119(a)(2) 
     of the Elementary and Secondary Education Act of 1965.'' and 
     inserting: school--
       (i) has obtained full State certification as a special 
     education teacher (including certification obtained through 
     alternative routes to certification), or passed the State 
     special education teacher licensing examination, and holds a 
     license to teach in the State as a special education teacher, 
     except that any teacher teaching in a public charter school 
     such teacher meets the requirements set forth in the State's 
     public charter school law;
       (ii) has not had special education certification or 
     licensure requirements waived on an emergency, temporary, or 
     provisional basis; and
       (iii) holds at least a bachelor's degree.''; and

       (ii) in subparagraph (D), by striking ``highly qualified 
     personnel'' and inserting ``personnel that meet the 
     applicable requirements described in this paragraph''; and

       (2) by striking section 302(a) of the Individuals with 
     Disabilities Education Improvement Act of 2004 and 
     inserting--
       (a) Parts A, B, and C, and subpart 1 of part D of the 
     Individuals with Disabilities Education Act, as amended by 
     title I, shall take effect on July 1, 2005.''.
       Report Language: ``The Conferees intend that the 
     requirement for a special educator to hold a bachelor's 
     degree can be met by a teacher holding any bachelor's degree. 
     The Conferees do not intend for the Secretary to require 
     special education teachers to receive a bachelor's degree in 
     any particular subject or field.''
       2. The House amendment, but not the Senate bill, includes a 
     Sense of Congress on transfers of teachers accused of sexual 
     misconduct.
       SR with an amendment to read as follows:

     SEC. 801. FINDINGS; SENSE OF THE CONGRESS.

       (a) Findings.--The Congress finds as follows:
       (1) There are significant anecdotal reports that some 
     schools and local educational agencies have failed to 
     properly report allegations of sexual misconduct by 
     employees, contractors or agents;
       (2) instead of reporting the alleged misconduct to the 
     appropriate authorities such as the police or child welfare 
     services, reports suggest that some schools or local 
     educational agencies have kept the information private or 
     entered into confidentiality agreements with the employee who 
     agrees to leave his or her employment with the school or 
     local educational agency; and
       (3) this practice can facilitate the exposure of other 
     students in other jurisdictions to sexual misconduct.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that--
       (1) confidentiality agreements between local educational 
     agencies or schools and child predators should be prohibited;
       (2) local educational agencies or schools should not 
     facilitate the transfer of child predators; and
       (3) states should require local educational agencies and 
     schools to report any and all information regarding 
     allegations of sexual misconduct to law enforcement and other 
     appropriate authorities.
       3. The House amendment, but not the Senate bill, requires 
     the Department of Education OIG contact information to be 
     prominently displayed by all grant or subgrant recipients; 
     the notification of Department of Education employees of 
     their responsibility to report fraud; and the notification of 
     applicants for grants or subgrants of their obligation to be 
     accurate and truthful when applying for grants.
       SR with an amendment to strike and replace with the 
     following:

     SEC. 802. PREVENTING IMPROPER USE OF TAXPAYER FUNDS.

       To address misuse of taxpayer funds, the Secretary of 
     Education shall--
       (1) require that each recipient of a grant or subgrant 
     under the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.) display in a public place the Department 
     of Education Office of Inspector General hotline contact 
     information so any individual who observes, detects, or 
     suspects improper use of taxpayer funds can easily report 
     such improper use;
       (2) annually notify employees of the Department of 
     Education of their responsibility to report fraud; and
       (3) require applicants--
       (A) for grants under such Act--to provide an assurance to 
     submit truthful and accurate information when applying for 
     grants and responding to monitoring and compliance reviews;
       (B) for subgrants under such Act to provide a similar 
     assurance to grantees.
       4. The House amendment, but not the Senate bill, includes 
     requirements for monitoring and oversight.
       SR with an amendment to insert the following:

     SEC. 8003. ACCOUNTABILITY TO TAXPAYERS THROUGH MONITORING AND 
                   OVERSIGHT

       To improve monitoring and oversight of taxpayer funds 
     authorized to be appropriated under the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6 6301 et seq.), 
     and to deter and prohibit waste, fraud, and abuse of such 
     funds, the Secretary of Education--. . .

[[Page H8632]]

       (1) shall notify each recipient of a grant under such Act 
     (and, if applicable, require the grantee to inform each 
     subgrantee) of its responsibility to--
       (A) comply with all monitoring requirements under the 
     applicable program or programs; and
       (B) monitor properly any subgrantee under the applicable 
     program or programs.
       (2) shall review and analyze the results of monitoring and 
     compliance reviews--
       (A) to understand trends and identify common issues; and
       (B) to issue guidance to help grantees address these issues 
     before the loss or misuse of taxpayer funding occurs;
       (3) shall publically report the work undertaken by the 
     Secretary to prevent fraud, waste, and abuse; and
       (4) shall work with the Office of Inspector General in the 
     Department of Education as needed to help ensure that 
     employees of such department understand how to monitor 
     grantees properly and to help grantees monitor any sub-
     grantees properly.
       5. The House amendment, but not the Senate bill, prohibits 
     states from requiring school districts that use ESEA funds to 
     hire or pay the salary of teachers to use such funds to make 
     contributions to pension systems beyond the normal cost, and 
     defines ``normal cost''.
       HR
       6. The House amendment, but not the Senate bill, provides a 
     Sense of Congress on First Amendment rights on the free 
     exercise of religion.
       SR with an amendment to strike the provision and insert the 
     following:

     [SEC.  805] SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS.

       It is the sense of Congress that a student, teacher, school 
     administrator, or other school employee retains their rights 
     under the First Amendment during the school day or while on 
     elementary or secondary school grounds.
       7. Both the Senate bill and the House amendment specify the 
     definition of the term `Highly Qualified' in other laws. The 
     Senate bill includes the language in section 10201, while the 
     House amendment includes the language in section 603, and 
     they have different section headings. The languages of the 
     provisions have only minor technical differences.
       HR/SR with an amendment to strike the language in both 
     bills and insert the following:

     SEC.  9XX. USE OF TERM ``HIGHLY QUALIFIED'' IN OTHER LAWS. 
                   BEGINNING ON THE DATE OF THE ENACTMENT OF THIS 
                   ACT.

       (a) any reference in sections 420N, 428J, 428K, and 460 of 
     the Higher Education Act to the term ``highly qualified'' as 
     defined in section 9101 of the Elementary and Secondary 
     Education Act of 1965 shall be treated as a reference to such 
     term under section 9101 of the Elementary and Secondary 
     Education Act of 1965 as in effect on the day before the date 
     of enactment of this Act; and
       (b) any other reference in law to the term ``highly 
     qualified'' as defined in section 9101 of the Elementary and 
     Secondary Education Act of 1965 as such Act was in effect on 
     the day before the date of enactment of this Act shall mean 
     that the teacher meets applicable State certification and 
     licensure requirements, including alternate certification 
     requirements
       8. The Senate bill and House amendment include similar 
     language on Department of Education staff. The Senate bill 
     includes this language as a stand-alone provision in title X 
     of the bill. The House amendment includes the language in the 
     general provisions of the Act.
       SR with an amendment to strike and insert the following:

     SEC. 6549. DEPARTMENT STAFF.

       The Secretary shall--1) not later than 60 days after the 
     date of the enactment of the Student Success Act, identify 
     the number of Department employees who worked on or 
     administered each education program and project authorized 
     under this Act, as such program or project was in effect on 
     the day before such enactment date, and publish such 
     information on the Department's website; (2) not later than 
     60 days after such enactment date, identify the number of 
     full-time equivalent employees who work on or administer 
     programs or projects authorized under this Act, as in effect 
     on the day before such enactment date, that have been 
     eliminated or consolidated since such date; 3) not later than 
     1 year after such enactment date, reduce the workforce of the 
     Department by the number of full-time equivalent employees 
     the Department calculated under paragraph (2); and 4) not 
     later than 1 year after such enactment date, report to the 
     Congress on--(A) the number of employees associated with each 
     program or project authorized under this Act administered by 
     the Department; (B) the number of full-time equivalent 
     employees who were determined to be associated with 
     eliminated or consolidated programs or projects under 
     paragraph (2); (C) how the Secretary reduced the number of 
     employees at the Department under paragraph (3); (D) the 
     average salary of the employees described in subparagraph (B) 
     whose positions were eliminated; and (E) the average salary 
     of the full-time equivalent employees who work on or 
     administer a program or project authorized under this Act by 
     the Department, disaggregated by employee function with each 
     such program or project.
       9. The House amendment and Senate bill have different 
     timelines
       See note 8.
       10. The House amendment and Senate bill refer to the 
     Department, ESEA, and the bill titles differently.
       See note 8.
       11. The House amendment, but not the Senate bill, refers to 
     a timeline.
       See note 8.
       12. The House amendment and Senate bill refer to ESEA 
     differently.
       See note 8.
       13. The House amendment, but not the Senate bill, has a 
     provision on reducing the number of Department employees.
       See note 8.
       14. The Senate bill and House amendment refer to ESEA 
     differently.
       See note 8.
       15. The Senate bill requirement disaggregation by employee 
     function in paragraph (2). The House amendment requires it in 
     subparagraph (E)
       See note 8.
       16. The Senate bill and House amendment have different 
     paragraph references.
       See note 8.
       17. The House amendment, but not the Senate bill, requires 
     the report to describe how the Secretary reduced employees.
       See note 8.
       18. The House amendment, but not the Senate bill, has two 
     provisions on average salary of eliminated employees and FTE 
     employees working on ESEA programs.
       See note 8.
       19. The Senate bill, but not the House amendment, requires 
     the report to show how the Secretary addressed report 
     findings relating to FTE employees working on eliminated 
     programs.
       See note 8.
       20. The Senate bill, but not the House amendment, requires 
     the Secretary to prepare and submit a report updating 
     relevant Committees on continued implementation of OIG 
     recommendations concerning charter schools.
       HR with an amendment to read as follows:

     SEC. 10203. REPORT ON DEPARTMENT ACTIONS TO ADDRESS OFFICE OF 
                   THE INSPECTOR GENERAL REPORTS.

       Not later than 6 months after the date of enactment of this 
     Act, the Secretary of Education shall prepare and submit to 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate, the Committee on Education and the Workforce of 
     the House of Representatives, and to the public via the 
     Department's website, a report containing an update on the 
     Department of Education's implementation of recommendations 
     contained in reports from the Office of Inspector General. 
     The review shall include--
       (1) a general review of the department's work to implement 
     or address findings contained in OIG reports to improve 
     monitoring and oversight of federal programs, including (A) 
     the March 9, 2010, final management information report of the 
     Office of the Inspector General of the Department of 
     Education, addressing oversight by by local educational 
     agencies and authorized public chartering agencies;
       (B) the September 2012 report of the Office of the 
     Inspector General of the Department of Education entitled 
     `The Office of Innovation and Improvement's Oversight and 
     Monitoring of the Charter Schools Program's Planning and 
     Implementation Grants Final Audit Report'; and
       (2) a description of the actions the Department of 
     Education has taken to address the concerns described in 
     outstanding Office of Inspector General audit reports, 
     including the reports listed in (1).
       21. The Senate bill, but not the House amendment, provides 
     for a GAO study of the current federally funded services and 
     programs across all agencies with the purpose of benefitting 
     children and how to best coordinate, organize, and integrate 
     these programs.
       SR with an amendment to insert the following:

     SEC. 9204. STUDY ON THE TITLE I FORMULA.

       (a) Findings.--Congress finds the following:
       (1) Part A of Title I provides funding to local educational 
     agencies through four separate formulas that have been added 
     to the law over time, and which have ``distinct allocation 
     patterns, providing varying shares of allocated funds to 
     different types of local educational agencies or States,'' 
     according to a 2015 report from the Congressional Research 
     Service.
       (2) Minimal effort has been made by the Federal government 
     to determine if the four formulas are adequately delivering 
     funds to local educational agencies with the highest district 
     wide poverty averages.
       (3) The formulas for distributing Targeted Grants and 
     Education Finance Incentive grants use two weighting systems, 
     one based on the percentage of children included in the 
     determination of grants to local educational agencies 
     (percentage weighting), and another based on the absolute 
     number of such children (number weighting). Both weighting 
     systems have five quintiles with a roughly equal number of 
     children in each quintile. Whichever of these weighting 
     systems results in the highest total weighted formula child 
     count for a local educational agency is the weighting system 
     used for that agency in the final allocation of Targeted and 
     Education Finance Incentive Grant funds.
       (4) The Congressional Research Service has also said the 
     number weighting alternative is generally more favorable to 
     large local

[[Page H8633]]

     educational agencies with much larger geographic boundaries 
     and larger counts of eligible children than smaller local 
     educational agencies with smaller counts, but potentially 
     higher percentages, of eligible children, because large local 
     educational agencies have many more children in the higher 
     weighted quintiles.
       (5) In local educational agencies that are classified by 
     the National Center for Education Statistics as ``Large 
     City'', 47 percent of all students attend schools with 75 
     percent or higher poverty.
       (b) Study.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Director of the Institute of 
     Education Sciences shall complete a study on the 
     effectiveness of the four existing title I formulas to 
     deliver funds to the most economically disadvantaged 
     communities.
       (2) Contents.--Such study shall include--
       (A) an analysis of the distribution of title I funds under 
     the four current formulas;
       (B) an analysis of how title I funds are distributed among 
     local educational agencies in each of the 12 locale types 
     classified by the National Center on Education Statistics.
       (C) the extent to which the four formulas unduly benefit or 
     unduly disadvantage any of the local educational agencies 
     described in subparagraph (B);
       (D) the extent to which the four formulas unduly benefit or 
     unduly disadvantage high-poverty eligible school attendance 
     areas in the local educational agencies described in 
     subparagraph (B);
       (E) the extent to which the four formulas unduly benefit or 
     unduly disadvantage lower population local educational 
     agencies with relatively high percentages of districtwide 
     poverty;
       (F) the impact of number weighting and percentage weighting 
     in the formulas for distributing Targeted Grants and 
     Education Finance Incentive Grants on each of the local 
     educational agencies described in subparagraph (B);
       (G) The impact of number weighting and percentage weighting 
     on targeting Title I-A funds to eligible school attendance 
     areas with the highest concentrations of poverty in local 
     educational agencies described in subparagraph (B), and local 
     educational agencies described in subparagraph (B) with 
     higher percentages of districtwide poverty;
       (H) an analysis of other studies and reports produced by 
     public and non-public entities examining the distribution of 
     title I funds under the four current formulas; and
       (I) recommendations, as appropriate, for amending or 
     consolidating the existing formulas to better target title I 
     funds to the most economically disadvantaged communities and 
     most economically disadvantaged eligible school attendance 
     areas.
       (3) Public dissemination.--The Director of the Institute of 
     Education Sciences shall widely disseminate the findings of 
     the study conducted under this section--
       (A) in a timely fashion;
       (B) to--
       (i) the public; and
       (ii) the Committee on Education and the Workforce of the 
     House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions of the Senate; and
       (C) through electronic transfer and other means, such as 
     posting to the website of the Institute of Education Sciences 
     or the Department of Education.
       22. The Senate bill, but not the House amendment, provides 
     for a Sense of Congress that it remains the sense of Congress 
     that Jack Johnson should receive a posthumous pardon.
       HR
       23. The Senate bill, but not the House amendment, 
     reauthorizes the Educational Flexibility Partnership Act of 
     1999.
       HR with an amendment to strike ``(2) Title VII of the 
     McKinney-Vento Homeless Assistance Act. (42 U.S.C. 11301 et 
     seq.).''
       24. The Senate bill, but not the House amendment, creates 
     the American Dream Accounts program.
       SR
       25. The Senate bill, but not the House amendment, contains 
     a provision requiring IES to conduct a study on the impact of 
     state plan requirements in Sec.  1111 on reducing the number 
     of students who drop out.
       HR
       26. The Senate bill, but not the House amendment, contains 
     a study on Native American language education.
       HR with an amendment to strike and insert the following 
     language after SEC. 6005 in the redesignated Title VI:
       (a) Definitions.--In this section:
       (1) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 8101 of the Elementary and Secondary 
     Education Act of 1965.
       (2) Local educational agency.--The term ``local educational 
     agency'' has the meaning given such term in section 8101 of 
     the Elementary and Secondary Education Act of 1965.
       (3) Native american; native american language.--The terms 
     ``Native American'' and ``Native American language'' have the 
     meanings given such terms in section 103 of the Native 
     American Languages Act of 1990 (25 U.S.C. 2902).
       (4) State educational agency.--The term ``State educational 
     agency'' has the meaning given such term in section 8101 of 
     the Elementary and Secondary Education Act of 1965.
       (b) Study.--By not later than 18 months after the date of 
     enactment of this Act, the Secretary of Education, in 
     collaboration with the Secretary of the Interior, shall--
       (1) conduct a study to evaluate all levels of education 
     being provided primarily through the medium of Native 
     American languages; and
       (2) report on the findings of such study.
       (c) Consultation.--In carrying out the study conducted 
     under subsection (b), the Secretary shall consult with--
       (1) institutions of higher education that conduct Native 
     American language immersion programs, including teachers of 
     such programs;
       (2) State educational agencies and local educational 
     agencies;
       (3) Indian tribes and tribal organizations, as such terms 
     are defined by section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b) that sponsor Native 
     American language immersion schools; and
       (4) experts in the fields of Native American or Alaska 
     Native language and Native American language medium 
     education, including scholars who are fluent in Native 
     American languages.
       (d) Scope of Study.--The study conducted under subsection 
     (b) shall evaluate the components, policies, and practices of 
     successful Native American language immersion schools and 
     programs, including--
       (1) the level of expertise in educational pedagogy, Native 
     American language fluency, and experience of the principal, 
     teachers, paraprofessionals, and other educational staff;
       (2) how such schools and programs are using Native American 
     languages to provide instruction in reading, language arts, 
     mathematics, science, and, as applicable, other academic 
     subjects;
       (3) 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 American 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 American language of instruction and in English 
     compare; and
       (4) the academic outcomes, 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 American 
     language.
       (e) Recommendations.--Not later than 18 months after the 
     date of enactment of this Act, the Secretary of Education, in 
     collaboration with the Secretary of the Interior, shall--
       (1) develop a report that includes findings and conclusions 
     regarding the study conducted under subsection (b), including 
     recommendations for such legislative and administrative 
     actions as the Secretary of Education considers to be 
     appropriate;
       (2) consult with the entities described in subsection (c) 
     in reviewing such findings and conclusions; and
       (3) submit the report 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.
       (D) The Subcommittee on Indian, Insular and Alaska Native 
     Affairs of the House of Representatives.
     John Kline,
     Virginia Foxx,
     David P. Roe,
     Glenn Thompson,
     Brett Guthrie,
     Todd Rokita,
     Luke Messer,
     Glenn Grothman,
     Steve Russell,
     Carlos Curbelo,
     Robert C. ``Bobby'' Scott,
     Susan A. Davis,
     Marcia L. Fudge,
     Jared Polis,
     Frederica S. Wilson,
     Suzanne Bonamici,
     Katherine M. Clark,
                                Managers on the Part of the House.

     Lamar Alexander,
     Michael B. Enzi,
     Richard Burr,
     Johnny Isakson,
     Susan M. Collins,
     Lisa Murkowski,
     Mark Kirk,
     Tim Scott,
     Orrin Hatch,
     Pat Roberts,
     Bill Cassidy,
     Patty Murray,
     Barbara A. Mikulski,
     Bernard Sanders,
     Robert P. Casey, Jr.,
     Al Franken,
     Michael F. Bennet,
     Sheldon Whitehouse,
     Tammy Baldwin,
     Christopher Murphy,

[[Page H8634]]

     Elizabeth Warren,
     Managers on the Part of the Senate.

                          ____________________