[Congressional Record (Bound Edition), Volume 159 (2013), Part 8]
[House]
[Pages 11869-11956]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  0915
                          STUDENT SUCCESS ACT

  The SPEAKER pro tempore (Mr. Rodney Davis of Illinois). Pursuant to 
House Resolution 303 and rule XVIII, the Chair declares the House in 
the Committee of the Whole House on the state of the Union for the 
further consideration of the bill, H.R. 5.
  Will the gentleman from Georgia (Mr. Collins) kindly take the chair.

                              {time}  0915


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the further consideration of 
the bill (H.R. 5) to support State and local accountability for public 
education, protect State and local authority, inform parents of the 
performance of their children's schools, and for other purposes, with 
Mr. Collins of Georgia (Acting Chair) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose on Thursday, 
July 18, 2013, amendment No. 21 printed in House Report 113-158 offered 
by the gentleman from Georgia (Mr. Broun), had been disposed of.


               Amendment No. 22 Offered by Mr. Culberson

  The Acting CHAIR. It is now in order to consider amendment No. 22 
printed in House Report 113-158.
  Mr. CULBERSON. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 481, after line 22, insert the following new subpart:

``Subpart 4--Restoration of State Sovereignty Over Public Education and 
          Parental Rights Over the Education of Their Children

     ``SEC. 5561. STATES TO RETAIN RIGHTS AND AUTHORITIES THEY DO 
                   NOT EXPRESSLY WAIVE.

       ``(a) Retention of Rights and Authorities.--No officer, 
     employee, or other authority of the Secretary shall enforce 
     against an authority of a State, nor shall any authority of a 
     State have any obligation to obey, any requirement imposed as 
     a condition of receiving assistance under a grant program 
     established under this Act, nor shall such program operate 
     within a State, unless the legislature of that State shall 
     have by law expressly approved that program and, in doing so, 
     have waived the State's rights and authorities to act 
     inconsistently with any requirement that might be imposed by 
     the Secretary as a condition of receiving that assistance.
       ``(b) Amendment of Terms of Receipt of Federal Financial 
     Assistance.--An officer, employee, or other authority of the 
     Secretary may release assistance under a grant program 
     established under this Act to a State only after the 
     legislature of the State has by law expressly approved the 
     program (as described in subsection (a)). This approval may 
     be accomplished by a vote to affirm a State budget that 
     includes the use of such Federal funds and any such State 
     budget must expressly include any requirement imposed as a 
     condition of receiving assistance under a grant program 
     established under this Act so that by approving the budget, 
     the State legislature is expressly approving the grant 
     program and, in doing so, waiving the State's rights and 
     authorities to act inconsistently with any requirement that 
     might be imposed by the Secretary as a condition of receiving 
     that assistance.
       ``(c) Special Rule for States With Biennial Legislatures.--
     In the case of a State with a biennial legislature--
       ``(1) during a year in which the State legislature does not 
     meet, subsections (a) and (b) shall not apply; and
       ``(2) during a year in which the State legislature meets, 
     subsections (a) and (b) shall apply, and, with respect to any 
     grant program established under this Act during the most 
     recent year in which the State legislature did not meet, the 
     State may by law expressly disapprove the grant program, and, 
     if such disapproval occurs, an officer, employee, or other 
     authority of the Secretary may not release any additional 
     assistance to the State under that grant program.
       ``(d) Definition of State Authority.--As used in this 
     section, the term `authority of a State' includes any 
     administering agency of the State, any officer or employee of 
     the State, and any local government authority of the State.
       ``(e) Effective Date.--This section applies in each State 
     beginning on the 90th day after the end of the first regular 
     session of the legislature of that State that begins 5 years 
     after the date of the enactment of the Student Success Act 
     and shall continue to apply in subsequent years until 
     otherwise provided by law.

     ``SEC. 5562. DEDICATION OF SAVINGS TO DEFICIT REDUCTION.

       ``Notwithstanding any formula reallocations stipulated 
     under the Student Success Act, any funds under such Act not 
     allocated to a State because a State did not affirmatively 
     agree to the receipt of such funds shall not be reallocated 
     among the States.

     ``SEC. 5563. DEFINITION OF STATE WITH BIENNIAL LEGISLATURE.

       ``In this Act, the term `State with a biennial legislature' 
     means a State the legislature of which meets every other 
     year.

     ``SEC. 5564. INTENT OF CONGRESS.

       ``It is the intent of Congress that other than the terms 
     and conditions expressly approved by State law under the 
     terms of this subpart, control over public education and 
     parental rights to control the education of their children 
     are vested exclusively within the autonomous zone of 
     independent authority reserved to the States and individual 
     Americans by the United States Constitution, other than the 
     Federal Government's undiminishable obligation to enforce 
     minimum Federal standards of equal protection and due 
     process.''.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman 
from Texas (Mr. Culberson) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. CULBERSON. Mr. Chairman, I yield myself such time as I may 
consume.
  My amendment will restore state sovereignty over public education and 
restore parental rights over the education of their children by 
restoring the State legislature's power to accept or reject Federal 
education grant dollars.
  I've worked closely with the committee to ensure that this amendment 
supports the goals of local control and flexibility as promoted by H.R. 
5, and I sincerely appreciate Chairman Kline's support of this 
important amendment, as well as his continued leadership to improve our 
Nation's education system.
  State legislatures, Mr. Chairman, should have the ability to make an 
informed decision regarding Federal grant dollars just as a patient 
consents to a medical procedure after a doctor explains the risks and 
benefits.
  I'm grateful for RSC Tenth Amendment Task Force Chairman Rob Bishop's 
support and co-authorship of legislation we filed in this regard and 
the support of the National Taxpayers Union and the Council for 
Citizens Against Government Waste because my amendment will actually 
ensure that if State legislatures reject the grant dollars, they will 
be dedicated to reducing the deficit and paying off our outstanding 
national debt.
  Finally, it should be noted that the Congressional Budget Office 
indicates that my amendment will have no impact on directed spending.
  I want to thank Chairman Kline again for his support and urge my 
colleagues to support both my amendment and the underlying bill, and I 
reserve the balance of my time.
  Mr. TIERNEY. Mr. Chair, I rise in opposition to the amendment.

[[Page 11870]]

  The Acting CHAIR. The gentleman from Massachusetts is recognized for 
5 minutes.
  Mr. TIERNEY. Mr. Chair, I yield myself such time as I may consume.
  I oppose this amendment because it endangers education funding for 
sort of a political exercise here.
  This amendment would actually require State legislatures to approve 
every single grant program from the Department of Education before 
States receive the money. So taking the authority from the local 
communities, local education agencies, putting it back into the State 
malaise of legislative process is overly burdensome on States, creates 
a mountain of unnecessary paperwork, and delays students and schools 
from receiving the much-needed funding. And when the shortsighted State 
legislatures may refuse that funding, this amendment would take the 
money and send it back, returning it to the deficit, as opposed to its 
intended use, which is the education of disadvantaged students.
  I sometimes wonder if my colleagues remember why the Federal 
Government is involved in education K-12 at all, and that is the 
mandated addressing of a shortage of attention to disadvantaged 
students.
  This is just another attempt by the majority to slash education 
funding. Mr. Chair, it's not the time to play politics now. Now is the 
time to increase our investment in education and in our children so 
that we can be competitive and so that they can have an opportunity 
moving forward.
  This amendment is simply a distraction to the very real and very big 
problems that this entire bill, H.R. 5, has, and it lets students down. 
H.R. 5 guts education funding because it locks in that automatic cut of 
sequestration. It does nothing to ensure students improve learning, and 
it does nothing to ensure that they graduate from school. It lets 
students with disabilities be taught to a different, lower standard, 
and H.R. 5 block grants funds and forces States to give the money to 
private schools and for-profit companies instead of students.
  For these reasons, Mr. Chairman, I urge that my colleagues vote 
``no'' on this amendment, and I reserve the balance of my time.
  Mr. CULBERSON. I yield myself such time as I may consume.
  Mr. Chairman, I'd point out that the amendment, in fact, upholds our 
system of dual sovereignty and ensures local control over local 
dollars, and the legislatures will actually be able to conduct this 
vote as a part of their regular legislative proceedings during their 
annual budget vote.
  As it says in the language itself, the vote will be taken by the 
State legislatures as a part of their budget vote. This is a vote they 
take as a part of their regular legislative session. It's no additional 
burden on the States. We are simply ensuring transparency and ensuring 
that the legislatures fully understand the implications of accepting 
the Federal dollars. Those dollars, for example, that Texas rejects, we 
want to make sure go toward deficit reduction and paying down the 
national debt.
  It will be no additional burden on the states. In fact, this 
amendment will reaffirm and restore our Constitution system of dual 
sovereignty where the States retain a residuary and viable sovereignty 
over those issues that deal exclusively with the citizens of their own 
State.
  I want to thank Chairman Kline again for his support and urge Members 
to adopt this amendment and the underlying bill.
  With that, I reserve the balance of my time.
  Mr. TIERNEY. Mr. Chair, I yield myself such time as I may consume.
  Look, I just want to give a little historical perspective to this 
again. The whole reason that the Federal Government is involved in K-12 
education is because States weren't doing the job when it came to 
addressing disadvantaged students. There was a judicial mandate that 
said that States had to step up and do that. They, the States, then had 
a problem with the fact of how much that was going to cost, so the 
Federal Government stepped forward and said you can have some Federal 
moneys if you do the job. So we've had that tension between how they'll 
do the job and how we'll hold them accountable for years.
  But this notion of saying that the State government will now decide 
whether or not local communities will accept the grant--and if they 
don't, we're not going to apply that money to actually educating those 
children that are disadvantaged, we're going to toss it back into the 
Treasury--is no other than a way of cutting education funding. We don't 
need education cuts at this point in time. We need an investment in 
education.
  With that, I reserve the balance of my time.
  Mr. CULBERSON. Mr. Chairman, I yield myself such time as I may 
consume.
  Actually, the money will continue to flow to the States as it does 
today. The State law already sets up a mechanism for the money to flow 
through the States to local school districts. So that money will 
continue to flow. Also, under the language of my amendment, the Federal 
Government has an unshakeable obligation to ensure equal protection and 
due process.
  So that 14th Amendment obligation on the Federal Government is 
undiminished and is expressly reaffirmed in my amendment so that there 
will be no discrimination nor imposition on every American's right to 
equal protection and due process.
  I reserve the balance of my time.
  Mr. TIERNEY. I yield myself such time as I may consume.
  Mr. Chair, I don't want to beat a dead horse here, but simply the 
notion is that States that were already at fault for not doing the job, 
now get to not do the job again as long as their State legislatures are 
the ones that make the decision. The language doesn't make it quite as 
simple as to how they'll vote in the State legislature. There will be a 
delay, if it's done at all. And if a State should make the unwise 
decision, as they have done historically, which gave the reason for us 
being involved at all in the first place at the Federal level, then 
you're cutting education money; you're not applying it to the use of 
educating disadvantaged students.
  I yield back the balance of my time.
  Mr. CULBERSON. Mr. Chairman, I urge the House to adopt the amendment 
and support Chairman Kline's underlying bill and move for passage.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Texas (Mr. Culberson).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. TIERNEY. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Texas will 
be postponed.


              Amendment No. 23 Offered by Mr. Fitzpatrick

  The Acting CHAIR. It is now in order to consider amendment No. 23 
printed in House Report 113-158.
  Mr. FITZPATRICK. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of subpart 3 of part E of title V of the 
     Elementary and Secondary Education Act of 1965, as proposed 
     to be amended by section 501 of the bill, add the following 
     new section:

     ``SEC. 5552. CRIMINAL BACKGROUND CHECKS.

       ``(a) Condition of Receipt of Funds.--A local educational 
     agency or State educational agency shall be ineligible for 
     funds under this Act if such agency--
       ``(1) employs an individual who--
       ``(A) refuses to consent to a criminal background check 
     that includes--
       ``(i) a search of the State criminal registry or repository 
     in the State where the individual resides and each State 
     where such individual previously resided;
       ``(ii) a search of State-based child abuse and neglect 
     registries and databases in the State where the individual 
     resides and each State where such individual previously 
     resided;
       ``(iii) a search of the National Crime Information Center;
       ``(iv) a Federal Bureau of Investigation fingerprint check 
     using the Integrated Automated Fingerprint Identification 
     System; and

[[Page 11871]]

       ``(v) a search of the National Sex Offender Registry 
     established under the Adam Walsh Child Protection and Safety 
     Act of 2006 (42 U.S.C. 16901 et seq.);
       ``(B) makes a false statement in connection with such 
     criminal background check;
       ``(C) is registered or is required to be registered on a 
     State sex offender registry or the National Sex Offender 
     Registry established under the Adam Walsh Child Protection 
     and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or
       ``(D) has been convicted of a felony consisting of--
       ``(i) homicide;
       ``(ii) child abuse or neglect;
       ``(iii) a crime against children, including child 
     pornography;
       ``(iv) domestic violence;
       ``(v) a crime involving rape or sexual assault;
       ``(vi) kidnapping;
       ``(vii) arson; or
       ``(viii) physical assault, battery, or a drug-related 
     offense, committed on or after the date that is 5 years 
     before the date of the individual's criminal background check 
     under this section; or
       ``(2) knowingly facilitates the transfer of an employee if 
     the agency knows, or has probable cause to believe, that the 
     employee engaged in sexual misconduct with a student.
       ``(b) Fees for Background Checks.--The Attorney General or 
     a State may charge any applicable fees for conducting a 
     criminal background check under this section.''.
       At the end of the bill add the following:

                  TITLE VIII--MISCELLANEOUS PROVISIONS

     SEC. 801. FINDINGS; SENSE OF THE CONGRESS.

       (a) Findings.--The Congress finds as follows:
       (1) To avoid negative attention and litigation, some local 
     educational agencies have entered into agreements with 
     employees who are suspected of abusing or are known to have 
     abused students.
       (2) Instead of reporting sexual misconduct with minors to 
     the proper authorities such as the police or child welfare 
     services, under such agreements the local educational 
     agencies, schools, and employees keep the information private 
     and facilitate the employee's transfer to another local 
     educational agency.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that--
       (1) confidentiality agreements between local educational 
     agencies or schools and suspected child sex abusers should be 
     prohibited;
       (2) the practice of employee transfers after suspected or 
     proven sexual misconduct should be stopped, and States should 
     require local educational agencies and schools to provide law 
     enforcement with all information regarding sexual conduct 
     between an employee and a minor; and
       (3) Congress should help protect children and help stop 
     this unacceptable practice in our schools.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman 
from Pennsylvania (Mr. Fitzpatrick) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. FITZPATRICK. I yield myself such time as I may consume.
  Mr. Chairman, I would like to thank the chairman of our committee, 
Mr. Kline, for his important work on the Student Success Act.
  This amendment, Mr. Chairman, is designed to stop the abhorrent 
practice in America's schools known as ``passing the trash.''
  ``Passing the trash'' is a term used to describe those cases where 
school administrators deceitfully move to other school districts 
teachers who are known or suspected of being sexual predators.
  The predator is allowed to resign their employment--often keep their 
teaching certificate--and move on to a new, unsuspecting school to 
continue their deplorable crimes. Sometimes they are moved with a 
recommendation of their previous employer.
  The matter of passing the trash was first brought to my attention in 
2006 when I learned of the story of 12-year-old Jeremy Bell, who was 
drugged, abused, and then murdered by his elementary school principal. 
Jeremy Bell's principal had been passed between schools and school 
districts despite multiple allegations of sexual misconduct brought to 
the attention of school administrators and school boards.
  Sadly, Jeremy's story is not the only one of its kind. Reports show 
that nearly 10 percent of students are targets of educator sexual 
misconduct sometime during their school career.
  These predators must be stopped.
  This amendment would block State or local education agencies from 
receiving funds if they facilitate the transfer of an employee and they 
know or have probable cause to believe that the employee has engaged in 
sexual misconduct with a minor. Furthermore, the amendment would 
require the hiring of employees to be compliant with the Adam Walsh 
Child Protection and Safety Act background check requirements.
  Teachers play an important part in the development of our children, 
and in doing so they shape the future of our Nation. Many of us are 
here today thanks to the devotion of a teacher or teachers who saw the 
potential in us and took it upon themselves to go above and beyond in 
our education.
  We know that the overwhelming majority of educators are committed, 
caring individuals who are deeply invested in the development of their 
students. Because of this, we owe it to them to rid our schools of the 
bad actors. This amendment ensures that the days of sweeping child 
predators under the rug are over. By holding all educators to the very 
high standards set by their peers, we can ensure that quality education 
for all children will be a reality, while also doing everything we can 
to protect their innocence.
  I urge my colleagues to vote ``yes'' on this amendment and on the 
underlying bill, and I reserve the balance of my time.
  Mr. TIERNEY. Mr. Chairman, I rise in support of amendment No. 8 
offered by the gentleman from Pennsylvania.
  The Acting CHAIR. Without objection, the gentleman from Massachusetts 
is recognized for 5 minutes.
  There was no objection.
  Mr. TIERNEY. I yield myself such time as I may consume.
  Mr. Chairman, the essence of this provision is included in the 
Democratic substitute amendment that Mr. Miller is offering with the 
intent of protecting children's safety in all the schools throughout 
the country. Mr. Miller wants to thank the gentleman for joining the 
Democrats in this effort.
  Congressman Fitzpatrick's amendment would require all schools to 
conduct comprehensive background checks for all of their employees, 
including FBI fingerprint checks, State criminal records, child abuse 
registries, and the National Sex Offender Registry.
  The amendment also includes a critical provision that denies Federal 
funds to schools from employing any individual who is found by these 
checks to be a potential danger to children. Schools would also lose 
Federal funds if they transfer such employee to another school, which 
unfortunately happens too many times.
  Tragically, the abuse of students by trusted adults has become a 
regular occurrence. We read about students being abused in the 
headlines. Every child deserves a safe and abuse-free learning 
environment. That's why we include a similar provision in the 
Democratic substitute and why earlier this session Mr. Miller 
introduced a similar bill, the Protecting Students From Sexual and 
Violent Predators Act, H.R. 2083. That bill overwhelmingly passed the 
House in a bipartisan fashion just 2\1/2\ years ago.
  Mr. Miller's bill and his amendment are stronger versions of Mr. 
Fitzpatrick's amendment because his provisions also cover school 
contractors, and the checks also include any crime against a child, 
even if it's a misdemeanor. But this amendment is a step in the right 
direction.
  This amendment and these provisions are needed in Federal law, Mr. 
Chairman, because according to a recent General Accountability Office 
study conducted by Mr. Miller's office, State laws are inconsistent in 
their coverage of the types of checks, types of crimes covered, and the 
individuals who must be checked. Some States only check licensed 
employees, and some States don't check contractors, leading to some 
school districts unknowingly hiring offenders.
  Children in school need to be safe from any adult who has access to 
them, regardless of their position.
  The GAO investigations also highlighted a wide range of cases in 
numerous States where convicted sex offenders working in schools had 
previously targeted children. In other cases, the GAO found that 
districts knowingly passed a potential predator to another

[[Page 11872]]

school district, allowing the offender to resign instead of reporting 
him. The inconsistencies and glaring holes in the way schools screen 
prospective employees lead to gaps in student protection and all too 
often to abuse.
  A child's safety in school is too important to leave to chance. We 
must ensure all children, regardless of where they live, are free from 
the abuse of violent sexual predators. There is no place for this in 
our Nation's schools.
  The vast majority of school staff is trustworthy and work hard every 
day to support students' learning needs. We honor and respect their 
work, which is so central to the success of the Nation. These criminal 
background checks are essential, however, to ensure that schools and 
school districts are doing everything they possibly can to protect 
children's safety. That is the most fundamental of our priorities.
  Mr. Chairman, again we want to thank Mr. Fitzpatrick and Mr. Meehan 
for offering this amendment and urge a ``yes'' vote.
  I yield back the balance of my time.

                              {time}  0930

  Mr. FITZPATRICK. Mr. Chairman, I thank the gentleman for his support 
of the amendment and for his comments here this morning. I urge my 
colleagues to support this amendment and to support the underlying 
bill.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Pennsylvania (Mr. Fitzpatrick).
  The amendment was agreed to.


              Amendment No. 24 Offered by Ms. Jackson Lee

  The Acting CHAIR. It is now in order to consider amendment No. 24 
printed in House Report 113-158.
  Ms. JACKSON LEE. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of the bill add the following:

                  TITLE VIII--MISCELLANEOUS PROVISIONS

     SEC. 801. STUDY AND REPORT.

       (a) Study.--The Secretary shall conduct a study on--
       (1) the use of State educational agencies to monitor, 
     supervise, or control underperforming local educational 
     agencies; and
       (2) whether equal educational opportunities are being 
     provided to students in the local educational agencies 
     described in paragraph (1), and the impact the use of State 
     educational agencies as described in such paragraph would 
     have on such opportunities.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall report to Congress 
     the results of the study conducted under subsection (a). Such 
     report shall include recommendations regarding--
       (1) the advisability of authorizing a State educational 
     agency to close a local educational agency over the 
     opposition of a locally elected school board; and
       (2) best practices governing the exercise of authority by a 
     State educational agency in monitoring, supervising, and 
     controlling underperforming local educational agencies, with 
     particular emphasis on rural local educational agencies and 
     urban local educational agencies that are disproportionately 
     minority.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentlewoman 
from Texas (Ms. Jackson Lee) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Texas.
  Ms. JACKSON LEE. Mr. Chairman, I am pleased to be on the floor with 
Mr. Tierney and the gentleman from California, and their commitment and 
their comments on the question of the equality of education for at-risk 
children. I think if there is anything that comes out of this important 
discussion, and from the chairman's presence on the floor, it should be 
that we should be focused with tunnel vision on the concern about at-
risk children.
  My amendment is a straightforward amendment. It is an amendment that 
gives information. Specifically, it calls for a study and a report 
containing recommendations regarding the advisability of authorizing a 
State education authority to close a school district over the 
opposition of the locally elected school board, families, students, 
teachers, and calls for best practices governing the exercise of 
authority by a State education agency in monitoring, supervising, and 
controlling underperforming school districts, with particular emphasis 
on rural and underserved districts and underserved communities.
  Our children are our precious resource, and I have been in schools 
and school districts where children loved the atmosphere in which they 
are in. They clamor for the teachers. There is a mutual respect and 
coming together, and all they need is a focus of resources and 
improvement. But rather than getting that, authority is used to either 
undermine the funding of those school districts or in essence say to 
those school teachers and all of those who have been working--and 
taxpayers--that, in fact, this school will not be given dollars to 
improve.
  The Center on Reinventing Public Education assessed a number of 
States, and the interesting determination was that States spent less on 
improving school districts and schools, less on improving, but more on 
shutting them down or not allowing them to go forward in at-risk areas. 
This chart gives you the balance of distribution of performance and 
improvement; and many States, such as Texas, spend less than 5 percent 
on performance.
  So what does my amendment do? It provides balance between local 
control over schools and our State educational agencies by providing a 
report. It makes sure that taxpayers and locally elected officials are 
not ignored by the State. It also has a way of preventing communities 
from being blamed as the problem and engaging the community. It 
prevents poorly prepared State-elected officials who've been placed in 
positions to run schools from taking money from those schools as 
opposed to investing in those schools.
  It makes sure that minor problems are fixed before you go to drastic 
concerns. It allows a determination of a structure of appeal so that 
the appeal is allowed broadly by those who are impacted, taxpayers, for 
example, who are very important. And it allows a determination whether 
the State authorities are given the effective oversight of a rural 
district, an at-risk district; and then it provides the opportunity to 
ensure that there is fair play and that we are interested in the 
quality of education.
  I ask my colleagues to support the amendment.
  I reserve the balance of my time.
  Mr. Chair, I thank Chairman Kline and Ranking Member Miller for their 
work to improve education for our Nation's children. I thank the Rules 
Committee for making in order Jackson Lee Amendment #24 for full 
consideration by the House of Representatives.
  My amendment to H.R. 5, the ``Student Success Act,'' is simple and is 
an important addition to this bill. I believe that my amendment to H.R. 
5 can be supported by every member of the House.


                       Jackson Lee Amendment #24

  This amendment directs the Secretary of Education to conduct a study 
and produce a report to Congress with recommendations regarding the 
advisability of authorizing a state education authority to close a 
school district over the opposition of a locally elected school board, 
and regarding best practices governing the exercise of authority by a 
state education agency in monitoring, supervising and controlling 
underperforming school districts with particular emphasis on rural and 
underrepresented school districts.
  The purpose of the amendment is to create an opportunity for states 
to receive information guidance on what is happening around the Nation 
regarding forced school district mergers or closures.
  Forced school district mergers and closures by a state without 
careful consideration of the sensitivity of the communities impacted 
can result in unintended consequences.
  A report can provide recommendations regarding the advisability of an 
authorized state education authority to close a school district over 
the opposition of a locally elected school board.
  Having access to the knowledge and experience of other state 
education agencies to factor into the decision to close or merge a 
school board can be of benefit to the 24 states with laws that allow 
these types of actions.
  A report is not intended to suggest that there are no circumstances 
when a state may need to exercise its authority to intervene and act in 
the best interest of children or communities if the school district is 
unable to do so.

[[Page 11873]]

  The report can provide easy access to lessons learned and a list of 
voluntary best practices that may be of great benefit to states that 
have the authority to close a locally elected school board.
  The 24 states with the authority to close or merge a school district 
include: Alabama, Mississippi, Kentucky, Tennessee, Texas, South 
Carolina, North Carolina, Missouri, Arkansas, California, and New 
Mexico.
  There are important reasons why states need to have the report 
proposed by this amendment as resources they can reference when making 
a difficult decision regarding a school district's future.
  Much of the reason for such a report flow from the same arguments 
many of my colleagues make regarding the power of the federal 
government.
  When states close or merge local school districts their actions: 
reduce local control over schools and increases state authority over 
school districts; imply that the community has the problem and the 
states have the answers, and assumes that states have the ability to 
effectively run school districts; routinely place poorly prepared 
state-selected officials in positions to run school districts, which 
means there is little possibility of any meaningful change occurring in 
the classroom; usually focus on cleaning up minor problems and 
incompetent administration but do not go to the root of the social 
problems facing disadvantaged students in urban and rural school 
districts; foster negative connotations and impressions that hinder 
self-esteem of school board members, administrators, teachers, students 
and parents; and produce unnecessary showdowns between state and local 
officials which slow the overhaul of management practices, drain 
resources from educational reforms and reinforce division between 
impacted citizens and state government.
  Another damaging impact of forced school district closures are the 
foreseeable hardened negative feelings toward state government that 
result.
  The parents, students or elected school boards have no voice in the 
decision by the state to close or merge a school district.
  This amendment does not assume that there is no role or circumstance 
under which the 24 state governments with laws that allow intervention 
and closure of school districts should not be able to act. The 
amendment seeks to provide information to these states on the 
experience of other states with the power to close a school district. 
The benefit of the report can be accessed by all states who may want to 
weigh the pros and cons of pursuing action against school districts as 
well as provide guidance on best practices.
  Due process that is transparent and supports the principle that all 
school districts within a state will be treated the same would be a 
strong step forward in raising public confidence in the decisions of 
state government. It would be very prudent to be sure that when a state 
decides to act to help a failing school they can recruit the best 
experts in the field. Finally, local engagement in the decision making 
process removes tension and raises the possibility of a successful 
outcome.
  My Congressional district once included the North Forest Independent 
School District, which was closed by the Texas Education Agency on July 
1, 2013.
  The decision to close North Forest Independent School District by the 
Texas Education Association displayed a reckless disregard for the 
children, parents, teachers, and administrators of the North Forest 
Independent School District.
  There was no reason to close the school district and many reasons to 
work with the elected school board and engaged community to address the 
issues raised by the Texas Education Association.
  The decision to deprive the community served by the school district 
did not give parents any say or control over the decision to dissolve 
the locally elected 7-member North Forest Independent School District 
board and was not in the interest of the education of the students 
served by the schools in that district. All of the members of the 
former North Forest Independent School board were African American. The 
North Forest School District was 70% African American and 29% Hispanic.
  In making the decision to close the district, the Texas Education 
Agency took a ``guillotine'' approach to resolving the problems 
associated with the North Forest Independent School District--an 
approach that was wholly unnecessary given the progress the district 
has made as well as the availability of viable and less disruptive 
alternatives, including a proposed partnership between North Forest 
Independent School District and local public charter schools that was 
announced on March 8, 2013.
  There must be a remedy to prevent this from happening to any other 
school districts. Jackson Lee Amendment #24 is designed to prevent this 
from happening by providing Congress with much needed information on 
the impact to school districts that face closure or merging.
  The practice of closing and merging school districts is 
disproportionally happening to school districts serving rural and 
underserved students. This amendment is intended to provide Congress 
with more information about what happens to these school districts and 
discover better remedies when there are goals that are established by 
States that can mean the closing or merging of a school district.
  A study conducted by S.L. Bowen in 2007, titled ``Is bigger that much 
better? School district size, high school completion, and post-
secondary enrollment rates in Maine,'' published in the Maine View 
suggests the best interest of students are not being served. This study 
supported by the Maine Heritage Policy Center compared high school 
completion rates of the 15 largest and 15 smallest school districts in 
Maine and found that the graduation rate for smaller districts was six 
percent higher than for larger districts.
  Another study, by A. Howle & C. Howley conducted in 2006 on the 
subject of small schools and the pressure to consolidate is available 
in the Educational Policy Analysis Archives, 14(10), 1-23.
  This report on school size reviewed the research on the effects of 
small schools. The report states that children from economically 
disadvantaged families have higher achievement in small schools and 
small districts; the relationship between aggregate student achievement 
and socioeconomic status is consistently weaker in smaller schools and 
districts (equity effects of size); dropout rates are lower in smaller 
schools; students' school activity participation is higher in smaller 
schools; and smaller high schools can offer adequate curriculum.
  There is research to indicate that this would be a worthwhile 
amendment that the full House can support.
  I urge all members to vote in favor of Jackson Lee Amendment #24.


         Seven Reasons Why the Jackson Lee Amendment is Needed

       The Jackson Lee Amendment would: Balance local control over 
     schools with state authority over school districts; make sure 
     that taxpayers and locally elected officials are not ignored 
     by the State; prevent communities from being blamed as the 
     problem and the states as having all of the answers; prevent 
     poorly prepared state-selected officials from being placed in 
     positions to run school districts; make sure that minor 
     problems and incompetent administration issues can be dealt 
     with without merging or closing school districts; make sure 
     that state appointed heads of school districts have effective 
     oversight to be sure that a fair and impartial process for 
     decision making is established and maintained; and prevent 
     unnecessary showdowns between state and local officials which 
     slow the overhaul of management practices, drain resources 
     from educational reforms and reinforce division between 
     impacted citizens and state government.


   In Support of Jackson Lee Amendment #24--North Forest Independent 
                            School District

       The facts about NFISD:
       The closure of North Forest Independent School District was 
     unnecessary given the progress the district had made as well 
     as the availability of viable and less disruptive 
     alternatives, including a proposed partnership between North 
     Forest Independent School District and local public charter 
     schools that was announced on March 8, 2013.
       The North Forest Independent School District electoral 
     district had 50,000 registered voters whose voting power was 
     diluted because they will be absorbed into the Houston 
     Independent School District but no additional seats will be 
     added to the Houston Independent School District board.
       There was no reason to close the North Forest Independent 
     School District since it was solvent; had received awards for 
     excellence and had received significant outside funding to 
     continue.
       The North Forest Independent School District proposed a 
     sound alternative plan to the Texas Education Agency that was 
     applauded by the U.S. Department of Education and supported 
     by experts like Dr. Rod Paige, former Secretary of the 
     Department of Education.
       The North Forest Independent School District was the victim 
     of an unfair process since there was no provision for an 
     appeal of an adverse decision by the Governor, who appears to 
     have unfettered discretion.
       The State appointed official that made the decision to 
     close North Forest was the only person to hear opposition to 
     their plan. There was no appeals process to check the 
     discretion of the state appointed official.


   When states close or merge local school districts, their actions:

       Reduce local control over schools and increase state 
     authority over school districts;

[[Page 11874]]

     imply that the community has the problem and the states have 
     the answers, and assumes that states have the ability to 
     effectively run school districts; routinely place poorly 
     prepared state-selected officials in positions to run school 
     districts, which means there is little possibility of any 
     meaningful change occurring in the classroom; usually focus 
     on cleaning up minor problems and incompetent administration 
     but do not go to the root of the social problems facing 
     disadvantaged students in urban and rural school districts; 
     foster negative connotations and impressions that hinder 
     self-esteem of school board members, administrators, 
     teachers, students and parents; and produce unnecessary 
     showdowns between state and local officials which slow the 
     overhaul of management practices, drain resources from 
     educational reforms and reinforce division between impacted 
     citizens and state government.
  Mr. KLINE. Mr. Chairman, I claim the time in opposition to the 
amendment.
  The Acting CHAIR. The gentleman from Minnesota is recognized for 5 
minutes.
  Mr. KLINE. Mr. Chairman, this amendment requires the Secretary of 
Education to conduct a study to examine underperforming school 
districts, whether equal educational opportunities are being afforded 
to students in those school districts, and the impact of closing these 
school districts.
  Mr. Chairman, as the amendment clearly states, this is a State 
activity in which the Federal Government has no role and should not be 
involved. We do not need recommendations from the U.S. Department of 
Education on how States are to protect the constitutional rights of 
students. This is the law of the land today.
  I urge my colleagues to oppose this amendment and support the Student 
Success Act.
  I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Chairman, well, as we started, the reason why 
the Federal Government got engaged in education is because I remember 
times in the South and across America when there was unequal education 
and we needed the U.S. Department of Education. More importantly, we 
needed the courts. Today I stand here and ask for a simple inquiry made 
by the U.S. Department of Education: Are State agencies effectively 
closing school districts and not seeking to improve them?
  A very fine example is the closure of the North Forest Independent 
School District in Houston, Texas. It's solvent, 50,000 registered 
voters, 7,000 students, had received awards, and what did the State 
agency do, the State agency came in, to the opposition of the 
community, teachers, supporters of a combined effort between a public 
school and charter school, proposed coming together to put forward the 
best proposal to keep this school teaching our children, support by 
Republicans and Democrats, and an autocratic State agency closed the 
school district.
  So this is a simple inquiry. It is an inquiry as to whether or not 
you want to boost up the taxpayers and boost up the parents who have no 
standing. It is a question of whether or not you want to make sure that 
there is a basis of a fair appeal as opposed to an autocratic process, 
a dictatorial process. I ask my colleagues, all of them have faced 
this. No one wants to interfere with the running of a school district 
or interfere with the administrators or educators; but what you do want 
to interfere with is business decisions closing rural school districts 
and closing urban school districts and not allowing the people, the 
teachers to be able to understand and to give input into the best 
process, Mr. Chairman.
  I would like to refer to the Center on Reinventing Public Education, 
and I would argue in closing, Mr. Chairman, that this amendment gives 
opportunity. I ask you to support the Jackson Lee amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Texas (Ms. Jackson Lee).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Ms. JACKSON LEE. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Texas will 
be postponed.


                 Amendment No. 25 Offered by Mr. Cantor

  The Acting CHAIR. It is now in order to consider amendment No. 25 
printed in House Report 113-158.
  Mr. CANTOR. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Insert after section 128, the following new section:

     SEC. 129. TITLE I PORTABILITY.

       Chapter B of subpart 1 of part A of title I (20 U.S.C. 6331 
     et seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME CHILD STATE 
                   OPTION.

       ``(a) In General.--Notwithstanding any other provision of 
     law and to the extent permitted under State law, a State 
     educational agency may allocate grant funds under this 
     chapter among the local educational agencies in the State 
     based on the number of eligible children enrolled in the 
     public schools served by each local educational agency.
       ``(b) Eligible Child.--
       ``(1) Definition.--In this section, the term `eligible 
     child' means a child aged 5 to 17, inclusive, from a family 
     with an income below the poverty level on the basis of the 
     most recent satisfactory data published by the Department of 
     Commerce.
       ``(2) Criteria of poverty.--In determining the families 
     with incomes below the poverty level for the purposes of this 
     section, a State educational agency shall use the criteria of 
     poverty used by the Census Bureau in compiling the most 
     recent decennial census, as the criteria have been updated by 
     increases in the Consumer Price Index for All Urban 
     Consumers, published by the Bureau of Labor Statistics.
       ``(c) Student Enrollment in Public Schools.--
       ``(1) Identification of eligible children.--On an annual 
     basis, on a date to be determined by the State educational 
     agency, each local educational agency that receives grant 
     funding in accordance with subsection (a) shall inform the 
     State educational agency of the number of eligible children 
     enrolled in public schools served by the local educational 
     agency.
       ``(2) Allocation to local educational agencies.--Based on 
     the identification of eligible children in paragraph (1), the 
     State educational agency shall provide to a local educational 
     agency an amount equal to the sum of the amount available for 
     each eligible child in the State multiplied by the number of 
     eligible children identified by the local educational agency 
     under paragraph (1).
       ``(3) Distribution to schools.--Each local educational 
     agency that receives funds under paragraph (2) shall 
     distribute such funds to the public schools served by the 
     local educational agency--
       ``(A) based on the number of eligible children enrolled in 
     such schools; and
       ``(B) in a manner that would, in the absence of such 
     Federal funds, supplement the funds made available from non-
     Federal resources for the education of pupils participating 
     in programs under this subpart, and not to supplant such 
     funds.''.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman 
from Virginia (Mr. Cantor) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. CANTOR. Mr. Chairman, a good education is the first step in the 
long walk to living the American Dream. That is what this amendment is 
about, Mr. Chairman.
  I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I rise to claim the 
time in opposition.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. GEORGE MILLER of California. Mr. Chairman, this amendment is not 
about a good education. This is an amendment suggesting an approach 
that in fact the amendment doesn't enable to happen, and that is the 
idea that a student can choose the school under the guise of 
portability, when in fact it doesn't set up any mechanisms for the 
students to do that.
  The suggestion here somehow is that, in fact, the students will make 
this choice or the parents will make this choice. We've had the right 
under No Child Left Behind for students to make the choice to elect to 
go to any schools in the district in which they sought to do that. Of 
course, what we found out, in many instances, it's less than 2 to 3 
percent of the parents who make that decision. There are many reasons 
why

[[Page 11875]]

they don't do that. In fact, it's a decision that it doesn't work for 
them because of lack of transportation in poor neighborhoods, lack of 
issues of personal safety of the students.
  The difference in my district, in some parts of my district of going 
to the school that's next to your home or walking the six or eight or 
10 blocks to where the next school is, it's a matter of personal safety 
for those children. We have children, unfortunately, who are harmed 
every day on our streets, in some cases killed on those streets. So for 
parents, this isn't just a choice; that it's a better school.
  Also under the Cantor amendment, you would be requiring school 
districts to engage in an entirely complex accounting system, and I 
don't know why we'd burden them with that. We currently have in many, 
many districts open enrollment. And as I say, parents can choose that 
if they want, but in many cases they can't because of barriers to that 
enrollment. So this is a suggestion somehow that you can just pick up 
and move your child.
  What we see in survey after survey after survey is what parents want, 
and they want their neighborhood school, the school next to them, they 
want that school to be functioning at a high level so that their child, 
their children, can get an education at that school.
  I know that maybe the author of this amendment isn't familiar with 
these parents, that these parents are struggling between their jobs, 
their work, holding their families together. Very often it's individual 
working women supporting these families. This is a difficult task. And 
the idea that the burden won't be on the district to improve that local 
school, but we'll just leave it be under the guise that parents can opt 
to send their children somewhere else when, in fact, that's not a real 
option for them.
  This amendment doesn't address the concern about open enrollment, it 
doesn't address the systems that the States have set up, and it clearly 
doesn't address the needs of the parents. And it fails to recognize 
that in many school districts, there's only one school, there's only 
one middle school, there's only two elementary schools. That's not the 
issue here. This isn't like a panoply of wide choices that are made 
available. That's why many of us have encouraged charter schools inside 
these districts so parents will have that choice that is within reach 
of them.
  With that, I reserve the balance of my time.
  Mr. CANTOR. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
Alabama (Mrs. Roby).
  Mrs. ROBY. Mr. Chairman, I rise today in support of Leader Cantor's 
amendment to H.R. 5. It's an amendment that would allow title I dollars 
to actually follow the student to the school of their choice. I thank 
the leader for recognizing me.
  We all agree that every child deserves equal access to quality 
education--one that challenges them, builds critical-thinking skills, 
and enhances their opportunity for success. But all too often, the 
system fails those who need it most. For too long, we have perpetuated 
failure by not demanding accountability for results.
  This amendment would allow title I dollars to follow the child to the 
school that their parent deems best.
  As a mother of a child in public school, I understand firsthand how 
important it is for parents to be able to choose the school that best 
fits their child's needs. School choice can help drive innovation, 
healthy competition and, most importantly, accountability.
  If a low-income parent makes the brave and noble decision to seek a 
better opportunity for their child, the last thing we should do here is 
make it more difficult by withholding funding meant to help educate 
that child.
  Mr. Chairman, we can't afford to do the same old thing expecting 
different results. I urge my colleagues to adopt this amendment and 
pass the Student Success Act. Let's get Washington out of the way to 
ensure a brighter future for our children.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1 minute to 
the gentlewoman from Connecticut (Ms. DeLauro).
  Ms. DeLAURO. Mr. Chairman, I rise in support of the Miller substitute 
amendment and in strong opposition to the underlying bill which, as it 
is, drastically underfunds our education system and sets up our 
children and our Nation to fail.
  Right now, the majority's bill freezes education funding through the 
end of the decade at just above the sequestration level in 2013. 
Compared to last year's level, this means a $570 million cut to 
education funding--one of our fundamental priorities as a Nation--for 
each of the next 5 years.
  Nor does the majority's bill allow for annual increases due to 
inflation or enrollment growth. In effect, the majority is trying to 
lock in Federal education spending at a level far below what is needed 
and then simply walking away from our schools and our kids. And keep in 
mind, all of these cuts come on top of several earlier rounds of deep 
cuts by the majority to education spending.

                              {time}  0945

  Mr. Chairman, without access to quality education, there is no middle 
class. The compact is broken that allows hard work to pay off and 
allows future generations to do better. We cannot allow this to happen.
  I urge my colleagues to support the Miller substitute to this flawed 
bill.
  Mr. CANTOR. Mr. Chairman, I yield 1 minute to the gentleman from Utah 
(Mr. Bishop).
  Mr. BISHOP of Utah. Mr. Chairman, my home State has been one of the 
leaders in the area of equitable funding for kids, so that whether you 
come from a wealthy mountain resort or the inner city of Salt Lake City 
or a west desert rural ranching family, the same amount of money 
follows the kid to their schools in any situation. And we did that 
simply because we care about kids, and we established a fair system of 
disbursing the money.
  When we did a GI bill, the money followed the GI.
  Only in Washington, here, with these particular funds, where the 
Department of Education does not have an equitable disposal mechanism, 
do we find this situation in which we treat kids differently.
  It appears to me that some of the outside groups that may be opposed 
to this are simply saying they like this antiquated disposal system, 
which means that some title I schools get a whole lot of money, and 
other title I schools don't get very much money, if any at all, because 
we don't have an equitable system for disbursing our funds.
  We need to do what many States are doing right now and make sure that 
we have an equitable distribution system. This amendment moves us in 
that direction.
  Mr. GEORGE MILLER of California. Mr. Chairman, how much time do I 
have?
  The Acting CHAIR. The gentleman has 30 seconds remaining.
  Mr. GEORGE MILLER of California. I yield myself the balance of my 
time.
  Mr. Chairman, this amendment just doesn't address the realities of 
the current law. First of all, the underlying bill takes away the 
choice that parents have today. This amendment wants to pretend like 
it's a choice.
  When the gentleman from Utah says the money follows the child, no, in 
Utah they have State equalization. It's the same amount of money 
wherever you go. No money follows you.
  The suggestion in the Cantor amendment is that somehow this money 
will follow you, except that it requires States and districts to set up 
an entirely new bookkeeping system. These are people who say they don't 
want to burden those districts.
  The fact of the matter is, under current law, parents can choose to 
send their children to another school. Whether all of the money will 
follow them or not, under the Cantor amendment, there's no mechanism 
and there's no money. There is no full entitlement to the money.
  I know the gentleman wanted to have vouchers, and this is an 
imitation voucher, but it doesn't work. It simply doesn't work for the 
child, for the parents, or for the school districts.
  I yield back the balance of my time.
  Mr. CANTOR. Mr. Chairman, I yield myself the remaining time.

[[Page 11876]]

  Mr. Chairman, what I'd say to the gentleman from California, first of 
all, this is an amendment which provides States the option, if they 
want, to allow this type of funding or flow of Federal dollars. No 
one's forcing any State to do anything or any local school district.
  I'd also point out, Mr. Chairman, that I believe there are several 
cities--I think one in the gentleman's State, in San Francisco--which 
actually have allowed for State dollars to follow the kids. So I think 
to the point that it's a bookkeeping difficulty, certainly there are 
localities, school districts who've figured out that this can be easily 
done.
  And I want to follow up on the point that the gentleman from Utah has 
made. This is about how Federal dollars currently are allocated under 
title I. And in the school districts, once the school districts have 
the money, the way the Federal requirement is now, there are some 
schools that receive a lot of title I money, and there are others that 
could receive none, if very little title I money. But, in fact, what 
the amendment is about is trying to provide all title I kids with the 
resources that I think all of us want them to have.
  Mr. GEORGE MILLER of California. Will the gentleman yield?
  Mr. CANTOR. I yield to the gentleman.
  Mr. GEORGE MILLER of California. The reason some schools don't have a 
lot of title I money, or some title I money, is they don't have title I 
students. It follows the students to those schools.
  Mr. CANTOR. Reclaiming my time, Mr. Chairman, the state of the law is 
such that there is a requirement now that title I moneys at the local 
level go to schools with 75 percent or higher of population. It is the 
overpopulated, poorest schools that are, in the law, said to get the 
moneys first.
  The problem is: What if your school doesn't quite make that cutoff? 
What if that population isn't quite at that benchmark? What about the 
title I kids in those schools?
  That's what this is trying to address, Mr. Chairman.
  And so, again, too many of our underprivileged children today are 
finding themselves in schools that cannot address the problem, and this 
amendment is aimed at trying to restore those children and those 
parents' ability to have the quality of education that all of us want. 
Again, this amendment does so by granting the States the power, if they 
so choose, to allow title I funds to follow the students.
  I believe the current system clearly is leaving some kids behind that 
exist in these schools that aren't getting any money. And the lack of 
access to quality schools and quality teachers will and can hold 
children back, and, most especially, those children living in poverty 
and those often with special needs who do require help.
  Many States are reforming their system to address these inequities 
and these shortcomings and, in fact, as I indicated earlier, there were 
some major school systems, and I know of one in the gentleman's State, 
that have actually tried to redirect State and local moneys according 
to this spirit, which is: allow every child to have equal access to 
funds and resources. But, unfortunately, those States don't have the 
flexibility to match up Federal funds with these type of reform efforts 
that are ongoing at the local and State level.
  Federal title I funding was created to help the most vulnerable of 
our students--foster children, the homeless, those living below the 
poverty line--and this amendment will give States the option to allow 
title I funds to follow each student to the public school--including 
charter school--of their choice.
  Again, right now, Federal dollars do not follow all of the students 
that they are supposed to help. This amendment will make certain that, 
no matter what school a low-income student attends, he or she will 
benefit from these dollars.
  Mr. Chairman, improving our education system is a bipartisan issue, 
and this amendment builds on the bipartisan work being done at the 
State level.
  Mr. Chairman, I'd like to, at this time, just thank the leadership of 
the gentleman from Minnesota, the Chairman of the Education and the 
Workforce Committee, for his commitment to responding to the desires of 
all of our constituents who believe that education is the fundamental 
building block for all to achieve the American Dream. I salute him and 
his work and his tenacity to try and get things right in the reforms 
that are necessary to allow for that promise to be realized by all of 
our kids.
  I urge my colleagues to support this amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Virginia (Mr. Cantor).
  The amendment was agreed to.


      Amendment No. 26 Offered by Mr. George Miller of California

  The Acting CHAIR. It is now in order to consider amendment No. 26 
printed in House Report 113-158.
  Mr. GEORGE MILLER of California. Mr. Chairman, I have an amendment in 
the nature of a substitute at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Strike the text and insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Student Success Act''.

     SEC. 2. REFERENCES.

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

     SEC. 3. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. References.
Sec. 3. Table of contents.

    TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

Sec. 101. Statement of purpose.
Sec. 102. Authorization of appropriations.
Sec. 103. State plans.
Sec. 104. Eligible school attendance areas.
Sec. 105. Academic assessment and local educational agency and school 
              improvement; school support and recognition.
Sec. 106. Parental involvement.
Sec. 107. Comparable allocation of expenditures.
Sec. 108. Coordination requirements.
Sec. 109. Reservation of funds for the outlying areas and Bureau of 
              Indian Education schools.
Sec. 110. Support for high-quality assessments.

                     TITLE II--TEACHERS AND LEADERS

Sec. 201. Great teachers and leaders.
Sec. 202. HEA conforming amendments.

  TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND 
                           IMMIGRANT STUDENTS

Sec. 301. Language instruction.

                     TITLE IV--21ST CENTURY SCHOOLS

Sec. 401. 21st Century schools.

          TITLE V--WELL-ROUNDED STUDENTS AND ENGAGED FAMILIES

                   Subtitle A--Public Charter Schools

Sec. 501. Purpose.
Sec. 502. Program authorized.
Sec. 503. Grants to support high-quality charter schools.
Sec. 504. Facilities Financing Assistance.
Sec. 505. National activities.
Sec. 506. Records transfer.
Sec. 507. Definitions.
Sec. 508. Authorization of appropriations.
Sec. 509. Conforming amendments.

           Subtitle B--Fund for the Improvement of Education

Sec. 511. Fund for the Improvement of Education.

          Subtitle C--Family Engagement in Education Programs

Sec. 521. Family engagement in education programs.

                TITLE VI--FLEXIBILITY AND ACCOUNTABILITY

Sec. 601. Flexibility and accountability.

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

Sec. 701. In general.

                      Subtitle A--Indian Education

Sec. 711. Purpose.

          Part 1--Formula Grants to Local Educational Agencies

Sec. 721. Formula grant purpose.
Sec. 722. Grants to local educational agencies, tribes, and indian 
              organizations.

[[Page 11877]]

Sec. 723. Amount of grants.
Sec. 724. Applications.
Sec. 725. Authorized services and activities.
Sec. 726. Student eligibility forms.
Sec. 727. Technical assistance.

     Part 2--Special Programs and Projects to Improve Educational 
                   Opportunities for Indian Children

Sec. 731. Professional development for teachers and education 
              professionals.

                      Part 3--National Activities

Sec. 741. National activities.
Sec. 742. Improvement of academic success for students through Native 
              American language.

     Subtitle B--Native Hawaiian Education; Alaska Native Education

Sec. 751. Native Hawaiian education and Alaska Native education.
Sec. 752. Findings.
Sec. 753. Purposes.
Sec. 754. Native Hawaiian Education Council grant.
Sec. 755. Grant program authorized.
Sec. 756. Administrative provisions; authorization of appropriations.
Sec. 757. Definitions.

                         TITLE VIII--IMPACT AID

Sec. 801. Purpose.
Sec. 802. Payments relating to Federal acquisition of real property.
Sec. 803. Payments for eligible federally connected children.
Sec. 804. Policies and procedures relating to children residing on 
              Indian lands.
Sec. 805. Application for payments under sections 8002 and 8003.
Sec. 806. Construction.
Sec. 807. Facilities.
Sec. 808. State consideration of payments providing State aid.
Sec. 809. Administrative hearings and judicial review.
Sec. 810. Definitions.
Sec. 811. Authorization of appropriations.
Sec. 812. Conforming amendments.

                      TITLE IX--GENERAL PROVISIONS

Sec. 900. General amendments.

   Subtitle A--Protecting Students From Sexual and Violent Predators

Sec. 901. Background checks.
Sec. 902. Conforming amendment.

                    Subtitle B--Evaluation Authority

Sec. 911. Evaluation authority.

                 Subtitle C--Keeping All Students Safe

Sec. 911. Keeping All Students Safe.

        Subtitle D--Protecting Student Athletes From Concussions

Sec. 931. Protecting Student Athletes from Concussions.

          TITLE X--EDUCATION FOR HOMELESS CHILDREN AND YOUTHS

Sec. 1001. Education for Homeless Children and Youths.

    TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

     SEC. 101. STATEMENT OF PURPOSE.

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

     ``SEC. 1001. STATEMENT OF PURPOSE.

       ``The purpose of this title is to ensure that all children 
     have a fair, equal, and significant opportunity to obtain a 
     high-quality education and to graduate ready to succeed in 
     college and the workforce by--
       ``(1) meeting the educational needs of low-achieving 
     children in our Nation's highest-poverty schools, English 
     learners, migrant children, children with disabilities, 
     Indian children, and neglected or delinquent children;
       ``(2) ensuring high-quality college and career ready 
     standards, academic assessments, accountability systems, 
     teacher preparation and training, curriculum, and 
     instructional materials are developed and implemented to 
     prepare students to compete in the global economy;
       ``(3) closing the achievement gap between high- and low-
     performing children, especially between minority and 
     nonminority students and between disadvantaged children and 
     their more advantaged peers;
       ``(4) holding schools, local educational agencies, and 
     States accountable for improving the academic achievement for 
     all students including the mastery of content knowledge and 
     the ability to think critically, solve problems, and 
     communicate effectively, ensuring all students graduate ready 
     to succeed in college and the workforce;
       ``(5) distributing and targeting resources to support local 
     educational agencies and schools with the greatest need;
       ``(6) improving and maintaining accountability for student 
     achievement and graduation rates, and increasing local 
     flexibility and authority to improve schools; and
       ``(7) ensuring parents have substantial and meaningful 
     opportunities to participate in the education of their 
     children.''.

     SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

       Section 1002 (20 U.S.C. 6302) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Local Educational Agency Grants.--For the purpose of 
     carrying out part A, there are authorized to be appropriated 
     $30,000,000,000 for fiscal year 2014 and such sums as may be 
     necessary for each of the 5 succeeding fiscal years.'';
       (2) in subsection (c)--
       (A) by striking ``$410,000,000'' and inserting 
     ``$500,000,000''; and
       (B) by striking ``2002'' and inserting ``2014''; and
       (3) in subsection (d)--
       (A) by striking ``$50,000,000'' and inserting 
     ``$55,000,000''; and
       (B) by striking ``2002'' and inserting ``2014''.

     SEC. 103. STATE PLANS.

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

     ``SEC. 1111. STATE PLAN.

       ``(a) Plans Required.--
       ``(1) In general.--For any State desiring to receive a 
     grant under this part, the State educational agency shall 
     submit to the Secretary a plan, developed by the State 
     educational agency, in consultation with representatives of 
     local educational agencies, teachers, school leaders, 
     specialized instructional support personnel, early childhood 
     education providers, parents, community organizations, 
     communities representing underserved populations, and Indian 
     tribes, that satisfies the requirements of this section, and 
     that is coordinated with other programs of this Act, the 
     Individuals with Disabilities Education Act, the Carl D. 
     Perkins Career and Technical Education Act of 2006, the Head 
     Start Act, the Adult Education and Family Literacy Act, and 
     the McKinney-Vento Homeless Assistance Act.
       ``(2) Consolidated plan.--A State plan submitted under 
     paragraph (1) may be submitted as a part of a consolidated 
     plan under section 9302.
       ``(b) College and Career Ready Content Standards, 
     Assessments, and Achievement Standards.--
       ``(1) General requirements.--Each State plan shall include 
     evidence that the State's college and career ready content 
     standards, assessments, and achievement standards under this 
     subsection are--
       ``(A) vertically aligned from kindergarten through grade 
     12; and
       ``(B) developed and implemented to ensure that proficiency 
     in the content standards will signify that a student is on-
     track to graduate prepared for--
       ``(i) according to written affirmation from the State's 
     public institutions of higher education, placement in credit-
     bearing, nonremedial courses at the 2-and 4-year public 
     institutions of higher education in the State; and
       ``(ii) success on relevant State career and technical 
     education standards.
       ``(2) College and career ready content standards.--
       ``(A) In general.--Each State plan shall demonstrate that, 
     not later than the 2013-2014 school year the State 
     educational agency will adopt and implement high-quality, 
     college and career ready content standards that comply with 
     this paragraph.
       ``(B) Subjects.--The State educational agency shall have 
     such high-quality, academic content standards for students in 
     kindergarten through grade 12 for, at a minimum, English 
     language arts, math, and science.
       ``(C) Elements.--College and career ready content standards 
     under this paragraph shall--
       ``(i) be developed through participation in a State-led 
     process that engages--

       ``(I) kindergarten through-grade-12 education experts 
     (including teachers and educational leaders); and
       ``(II) representatives of institutions of higher education, 
     the business community, and the early learning community;

       ``(ii) be rigorous, internationally benchmarked, and 
     evidence-based, requiring students to demonstrate the ability 
     to think critically, solve problems, and communicate 
     effectively;
       ``(iii) be either--

       ``(I) validated, including through written affirmation from 
     the State's public institutions of higher education, to 
     ensure that proficiency in the content standards will signify 
     that a student is on-track to graduate prepared for--

       ``(aa) placement in credit-bearing, nonremedial courses at 
     the 2-and 4-year public institutions of higher education in 
     the State; and
       ``(bb) success on relevant State career and technical 
     education standards; or

       ``(II) State-developed and voluntarily adopted by a 
     significant number of States;

       ``(iv) for standards from kindergarten through grade 3, 
     reflect progression in how children develop and learn the 
     requisite skills and content from earlier grades (including 
     preschool) to later grades; and
       ``(v) apply to all schools and students in the State.
       ``(D) English language proficiency standards.--Each State 
     educational agency shall develop and implement statewide, 
     high-quality English language proficiency standards that--
       ``(i) are aligned with the State's academic content 
     standards;
       ``(ii) reflect the academic language that is required for 
     success on the State educational agency's academic content 
     assessments;
       ``(iii) predict success on the applicable grade level 
     English language arts content assessment;

[[Page 11878]]

       ``(iv) ensure proficiency in each of the domains of 
     speaking, listening, reading, and writing in the appropriate 
     amount of time; and
       ``(v) address the different proficiency levels of English 
     learners.
       ``(E) Early learning standards.--The State educational 
     agency shall, in collaboration with the State agencies 
     responsible for overseeing early care and education programs 
     and the State early care and education advisory council, 
     develop and implement early learning standards across all 
     major domains of development for preschoolers that--
       ``(i) demonstrate alignment with the State academic content 
     standards;
       ``(ii) are implemented through dissemination, training, and 
     other means to applicable early care and education programs;
       ``(iii) reflect research and evidence-based developmental 
     and learning expectations;
       ``(iv) inform teaching practices and professional 
     development and services; and
       ``(v) for preschool age children, appropriately assist in 
     the transition to kindergarten.
       ``(F) Assurance.--Each State plan shall include an 
     assurance that the State has implemented the same content 
     standards for all students in the same grade and does not 
     have a policy of using different content standards for any 
     student subgroup.
       ``(3) High-quality assessments.--
       ``(A) In general.--Each State plan shall demonstrate that 
     the State educational agency will adopt and implement high-
     quality assessments in English language arts, math, and 
     science not later than the 2014-2015 school year that comply 
     with this paragraph.
       ``(B) Elements.--Such assessments shall--
       ``(i) be valid, reliable, appropriate, and of adequate 
     technical quality for each purpose required under this Act, 
     and be consistent with relevant, nationally recognized 
     professional and technical standards;
       ``(ii) measure the knowledge and skills necessary to 
     demonstrate proficiency in the academic content standards 
     under paragraph (2) for the grade in which the student is 
     enrolled;
       ``(iii) be developed as part of a system of assessments 
     providing data (including individual student achievement data 
     and individual student growth data), that shall be used to--

       ``(I) improve teaching, learning, and program outcomes; and
       ``(II) make determinations of individual principal and 
     teacher effectiveness for the purposes of evaluation and 
     professional development under title II;

       ``(iv) be used in determining the performance of each local 
     educational agency and school in the State in accordance with 
     the State's accountability system under subsection (c);
       ``(v) provide an accurate measure of--

       ``(I) student achievement at all levels of student 
     performance; and
       ``(II) student academic growth;

       ``(vi) allow for complex demonstrations or applications of 
     knowledge and skills including the ability to think 
     critically, solve problems, and communicate effectively;
       ``(vii) be accessible for all students, including students 
     with disabilities and English learners, by--

       ``(I) incorporating principles of universal design as 
     defined by section 3(a) of the Assistive Technology Act of 
     1998 (29 U.S.C. 3002(a)); and
       ``(II) being interoperable when using any digital 
     assessment, such as computer-based and online assessments.

       ``(viii) provide for accommodations, including for 
     computer-based and online assessments, for students with 
     disabilities and English learners to provide a valid and 
     reliable measure of such students' achievement;
       ``(ix) produce individual student interpretive, 
     descriptive, and diagnostic reports that allow parents, 
     teachers, and school leaders to understand and address the 
     specific academic needs of students, and include information 
     regarding achievement on academic assessments, and that are 
     provided to parents, teachers, and school leaders, as soon as 
     is practicable after the assessment is given, in an 
     understandable and uniform format, and to the extent 
     practicable, in a language that parents can understand; and
       ``(x) may be partially delivered in the form of portfolios, 
     projects, or extended performance tasks as long as such 
     assessments meet the requirements of this subsection.
       ``(C) Administration.--Such assessments shall--
       ``(i) be administered to all students, including all 
     subgroups described in subsection (c)(3)(A), in the same 
     grade level for each content area assessed, except as 
     provided under subparagraph (E), through--

       ``(I) a single summative assessment each school year; or
       ``(II) multiple statewide assessments over the course of 
     the school year that result in a single summative score that 
     provides valid, reliable, and transparent information on 
     student achievement for each tested content area in each 
     grade level;

       ``(ii) for English language arts and math--

       ``(I) be administered annually, at a minimum, for students 
     in grade 3 through grade 8; and
       ``(II) be administered at least once, but not earlier than 
     11th grade for students in grades 9 through grade 12; and

       ``(iii) for science, be administered at least once during 
     grades 3 through 5, grades 6 through 8, and grades 9 through 
     12.
       ``(D) Native language assessments.--Each State educational 
     agency with at least 10,000 English learners, at least 25 
     percent of which speak the same language that is not English, 
     shall adopt and implement native language assessments for 
     that language consistent with State law. Such assessments 
     shall be for students--
       ``(i) for whom the academic assessment in the student's 
     native language would likely yield more accurate and reliable 
     information about such student's content knowledge;
       ``(ii) who are literate in the native language and have 
     received formal education in such language; or
       ``(iii) who are enrolled in a bilingual or dual language 
     program and the native language assessment is consistent with 
     such program's language of instruction.
       ``(E) Alternate assessments for students with the most 
     significant cognitive disabilities.--In the case of a State 
     educational agency that adopts alternate achievement 
     standards for students with the most significant cognitive 
     disabilities described in paragraph (4)(D), the State shall 
     adopt and implement high-quality statewide alternate 
     assessments aligned to such alternate achievement standards 
     that meet the requirements of subparagraphs (B) and (C), so 
     long as the State ensures that in the State the total number 
     of students in each grade level assessed in each subject does 
     not exceed the cap established under subsection 
     (c)(3)(E)(iii)(II).
       ``(F) English language proficiency assessments.--Each State 
     educational agency shall adopt and implement statewide 
     English language proficiency assessments that--
       ``(i) are administered annually and aligned with the 
     State's English language proficiency standards and academic 
     content standards;
       ``(ii) are accessible, valid, and reliable;
       ``(iii) measure proficiency in reading, listening, 
     speaking, and writing in English both individually and 
     collectively;
       ``(iv) assess progress and growth on language and content 
     acquisition; and
       ``(v) allow for the local educational agency to retest a 
     student in the individual domain areas that the student did 
     not pass, unless the student is newly entering a school in 
     the State, or is in the third, fifth, or eighth grades.
       ``(G) Special rule with respect to bureau funded schools.--
     In determining the assessments to be used by each school 
     operated or funded by the Department of the Interior's Bureau 
     of Indian Education receiving funds under this part, the 
     following shall apply:
       ``(i) Each such school that is accredited by the State in 
     which it is operating shall use the assessments the State has 
     developed and implemented to meet the requirements of this 
     section, or such other appropriate assessment as approved by 
     the Secretary of the Interior.
       ``(ii) Each such school that is accredited by a regional 
     accrediting organization shall adopt an appropriate 
     assessment, in consultation with and with the approval of, 
     the Secretary of the Interior and consistent with assessments 
     adopted by other schools in the same State or region, that 
     meets the requirements of this section.
       ``(iii) Each such school that is accredited by a tribal 
     accrediting agency or tribal division of education shall use 
     an assessment developed by such agency or division, except 
     that the Secretary of the Interior shall ensure that such 
     assessment meets the requirements of this section.
       ``(H) Assurance.--Each State plan shall include an 
     assurance that the State educational agency will conduct an 
     inventory of statewide and local educational agency-wide 
     student assessments, including an analysis of assessment 
     purposes, practices, and use, and a description of the 
     actions the State will take to reduce duplicative 
     assessments.
       ``(I) Accommodations.--Each State plan shall describe the 
     accommodations for English learners and students with 
     disabilities on the assessments used by the State and include 
     evidence of their effectiveness in maintaining valid results 
     for the appropriate population.
       ``(J) Adaptive assessments.--In the case of a State 
     educational agency that develops and administers computer 
     adaptive assessments, such assessments shall meet the 
     requirements of this paragraph, and must measure, at a 
     minimum, each student's academic proficiency against the 
     State's content standards as described in paragraph (2) for 
     the grade in which the student is enrolled.
       ``(4) College and career ready achievement and growth 
     standards.--
       ``(A) In general.--Each State plan shall demonstrate that 
     the State will adopt and implement college and career ready 
     achievement standards in English language arts, math, and 
     science by the 2013-2014 school year that comply with this 
     paragraph.
       ``(B) Elements.--Such academic achievement standards shall 
     establish at a minimum, 3 levels of student achievement that

[[Page 11879]]

     describe how well a student is demonstrating proficiency in 
     the State's academic content standards that differentiate 
     levels of performance to--
       ``(i) describe 2 levels of high achievement (on-target and 
     advanced) that indicate, at a minimum, that a student is 
     proficient in the academic content standards under paragraph 
     (2) as measured by the performance on assessments under 
     paragraph (3); and
       ``(ii) describe a third level of achievement (catch-up) 
     that provides information about the progress of a student 
     toward becoming proficient in the academic content standards 
     under paragraph (2) as measured by the performance on 
     assessments under paragraph (3).
       ``(C) Vertical alignment.--Such achievement standards are 
     vertically aligned to ensure a student who achieves at the 
     on-target or advanced levels under subparagraph (B)(i) 
     signifies that student is on-track to graduate prepared for--
       ``(i) placement in credit-bearing, nonremedial courses at 
     the 2- and 4-year public institutions of higher education in 
     the State; and
       ``(ii) success on relevant State career and technical 
     education standards.
       ``(D) Alternate achievement standards.--If a State 
     educational agency adopts alternate achievement standards for 
     students with the most significant cognitive disabilities, 
     such academic achievement standards shall establish, at a 
     minimum, 3 levels of student achievement that describe how 
     well a student is demonstrating proficiency in the State's 
     academic content standards that--
       ``(i) are aligned to the State's college and career ready 
     content standards under paragraph (2);
       ``(ii) are vertically aligned to ensure that a student who 
     achieves at the on-target or advanced level under clause 
     (v)(I) signifies that the student is on-track to access a 
     postsecondary education or career;
       ``(ii) reflect concepts and skills that students should 
     know and understand for each grade;
       ``(iv) are supported by evidence-based learning 
     progressions to age and grade-level performance; and
       ``(v) establish, at a minimum--

       ``(I) 2 levels of high achievement (on-target and advanced) 
     that indicate, at a minimum, that a student with the most 
     significant cognitive disabilities is proficient in the 
     academic content standards under paragraph (2) as measured by 
     the performance on assessments under paragraph (3)(E); and
       ``(II) a third level of achievement (catch-up) that 
     provides information about the progress of a student with the 
     most significant cognitive disabilities toward becoming 
     proficient in the academic content standards under paragraph 
     (2) as measured by the performance on assessments under 
     paragraph (3)(E).

       ``(E) Student growth standards.--Each State plan shall 
     demonstrate that the State will adopt and implement student 
     growth standards for students in the assessed grades that 
     comply with this subparagraph, as follows:
       ``(i) On-target and advanced levels.--For a student who is 
     achieving at the on-target or advanced level of achievement, 
     the student growth standard is not less than the rate of 
     academic growth necessary for the student to remain at that 
     level of student achievement for not less than 3 years.
       ``(ii) Catch-up level.--For a student who is achieving at 
     the catch-up level of achievement, the student growth 
     standard is not less than the rate of academic growth 
     necessary for the student to achieve an on-target level of 
     achievement by the end of the student's current grade span or 
     within 3 years, whichever occurs first.
       ``(F) Modified achievement standards.--If a State 
     educational agency has modified achievement standards in 
     accordance with section 200.1(e) of title 34, Code of Federal 
     Regulations, prior to the date of the enactment the Student 
     Success Act, the State educational agency may continue to use 
     such modified achievement standards for the purposes 
     established as of the day before the date of enactment of 
     such Act through not later than the implementation of the 
     assessments under paragraph (3).
       ``(5) Rule of construction.--Nothing in paragraph (3) shall 
     be construed to prescribe the use of the academic assessments 
     established pursuant to such paragraph for student promotion 
     or graduation purposes.
       ``(c) Accountability and School Improvement System.--The 
     State plan shall demonstrate that not later than the 2013-
     2014 school year, the State educational agency, in 
     consultation with representatives of local educational 
     agencies, teachers, school leaders, parents, community 
     organizations, communities representing underserved 
     populations, and Indian tribes, has developed a single 
     statewide accountability and school improvement system (in 
     this subsection known as the `accountability system') that 
     ensures all students have the knowledge and skills to 
     successfully enter the workforce or postsecondary education 
     without the need for remediation by complying with this 
     subsection as follows:
       ``(1) Elements.--Each State accountability system shall, at 
     a minimum--
       ``(A) annually measure academic achievement for of all 
     students, including each subgroup described in paragraph 
     (3)(A), in each public school, including each charter school, 
     in the State, including--
       ``(i) student academic achievement in accordance with the 
     academic achievement standards described in subsection 
     (b)(4);
       ``(ii) student growth in accordance with the student growth 
     standards described in subsection (b)(4)(E); and
       ``(iii) graduation rates in diploma granting schools;
       ``(B) set clear performance and growth targets in 
     accordance with paragraph (2) to improve the academic 
     achievement of all students as measured under subparagraph 
     (A) of this paragraph and to close achievement gaps so that 
     all students graduate ready for postsecondary education and 
     the workforce;
       ``(C) annually differentiate performance of schools based 
     on the achievement measured under subparagraph (A) and 
     whether the schools meet the performance and growth targets 
     set under paragraph (2), and identify for the purposes under 
     section 1116, at a minimum--
       ``(i) persistently low-achieving schools that--

       ``(I) have the lowest performance in the local educational 
     agency and the State using current and prior year academic 
     achievement, growth, and graduation rate data;
       ``(II) have a 4-year adjusted cohort graduation rate at or 
     below 60 percent; or
       ``(III) as of the date of enactment of the Student Success 
     Act, have been identified under section 1003(g);

       ``(ii) schools in need of improvement that have not met one 
     or more of the performance targets set under paragraph (2) 
     for any subgroup described in paragraph (3)(A) in the same 
     grade level and subject, for two consecutive years; and
       ``(iii) reward schools that have--

       ``(I) the highest performance in the State for all students 
     and student subgroups described in paragraph (3)(A); or
       ``(II) made the most progress over at least the most recent 
     2-year period in the State in increasing student academic 
     achievement and graduation rates for all students and student 
     subgroups described in paragraph (3)(A);

       ``(D) establish improvement indicators to diagnose school 
     challenges and measure school progress within the improvement 
     system described in section 1116, including factors to 
     measure--
       ``(i) student engagement, including student attendance 
     rates, student discipline data including suspension and 
     expulsion rates, incidents of bullying and harassment, and 
     surveys of student engagement;
       ``(ii) student advancement, such as student on-time 
     promotion rates, on-time credit accumulation rates, course 
     failure rates, postsecondary entry rates, and workforce entry 
     rates;
       ``(iii) educator quality, such as teacher attendance, 
     vacancies, turnover, and rates of qualified or effective 
     teachers; and
       ``(iv) academic learning, such as the percentage of 
     students taking a college-preparatory curriculum, and student 
     success on State or local educational agency end-of-course 
     examinations; and
       ``(E) may establish multiple measures for all students 
     described in paragraph (3)(A), including as an index, to 
     further differentiate among the categories of schools 
     described in subparagraph (C) and as part of the improvement 
     system described in section 1116, which may include 
     indicators that measure--
       ``(i) college and career readiness, such as--

       ``(I) credit accumulation in and completion of a college 
     and career ready course of study aligned with admissions 
     requirements set by institutions of higher education in the 
     State;
       ``(II) participation and success on Advanced Placement 
     (AP), International Baccalaureate (IB), SAT, WorkKeys, ASVAB, 
     or State-developed college readiness or career readiness 
     assessments; or
       ``(III) college enrollment and persistence rates;

       ``(ii) evidence of academic learning, such as--

       ``(I) valid and reliable academic assessments that meet the 
     requirements of subsection (3) in subjects other than reading 
     and math, such as science, social studies, or writing;
       ``(II) percentage of students successfully completing 
     rigorous coursework that aligns with State college and career 
     ready standards described under subsection (b)(2) such as 
     dual enrollment, Advanced Placement (AP), or International 
     Baccalaureate (IB) courses;
       ``(III) assessments developed by local educational agencies 
     that meet the requirements of subsection (3)(b), are aligned 
     with State college and career ready standards, and are 
     comparable across all schools within the local educational 
     agency; or
       ``(IV) student performance-based assessments that are 
     valid, reliable, and comparable across a local educational 
     agency and meet the requirements of subsection (3)(b);

       ``(iii) Evidence of successful learning conditions, such as 
     the improvement indicators described in subparagraph (D); or
       ``(iv) Evidence of parent and family engagement.
       ``(2) Goals and targets.--

[[Page 11880]]

       ``(A) In general.--Each State educational agency shall 
     establish goals and targets for the State accountability and 
     school improvement system that comply with this paragraph. 
     Such targets shall be established separately for all 
     elementary school and secondary school students, economically 
     disadvantaged students, students from major racial and ethnic 
     groups, students with disabilities, and English learners.
       ``(B) Achievement goals.--Each State educational agency 
     shall set goals that are consistent with the academic and 
     growth achievement standards under subsection (b)(4) to 
     ensure that all students graduate prepared to enter the 
     workforce or postsecondary education without the need for 
     remediation.
       ``(C) Performance targets.--Each State educational agency 
     shall set ambitious, but achievable annual performance 
     targets separately for each subgroup of students described in 
     paragraph (3)(A), for each grade level and in English 
     language arts and math, to assist the State educational 
     agency in achieving its academic achievement goals 
     established under subparagraph (B) that either--
       ``(i) within 6 years of setting such performance targets, 
     reduce by half the percentage of all students and each 
     subgroup described in paragraph (3)(A), who are not, 
     according to student performance as of the year such targets 
     are set, at the on-target or advanced level of achievement; 
     or
       ``(ii) result in ambitious, but achievable annual targets 
     for local educational agencies and schools for all students 
     and each subgroup of students described in paragraph (3)(A) 
     within a specified period of time, approved by the Secretary, 
     such that--

       ``(I) the targets are equally rigorous as those in 
     subsection (i); and
       ``(II) the targets reflect the progress required for all 
     students and each subgroup of students described in paragraph 
     (3)(A) to reach the on-target or advanced level of 
     achievement within the specified period of time.

       ``(D) Growth targets.--Each State educational agency shall 
     set ambitious but achievable growth targets that--
       ``(i) assist the State in achieving the academic 
     achievement goals described in subparagraph (B); and
       ``(ii) include targets that ensure all students, including 
     the subgroups of students described in paragraph (3)(A), meet 
     the growth standards described in subsection (b)(4)(E).
       ``(E) Graduation rate goals and targets.--
       ``(i) Graduation goals.--Each State educational agency 
     shall set a graduation goal of not less than 90 percent.
       ``(ii) Graduation rate targets.--Each State educational 
     agency shall establish graduation rate targets which shall 
     not be less rigorous than the targets approved under section 
     200.19 of title 34, Code of Federal Regulations (or a 
     successor regulation).
       ``(iii) Extended-year graduation rate targets.--In the case 
     of a State that chooses to use an extended-year graduation 
     rate in the accountability and school improvement system 
     described under this subsection, the State shall set 
     extended-year graduation rate targets that are more rigorous 
     than the targets set under clause (ii) and, if applicable, 
     are not less rigorous than the targets approved under section 
     200.19 of title 34, Code of Federal Regulations (or a 
     successor regulation).
       ``(3) Fair accountability.--Each State educational agency 
     shall establish fair and appropriate policies and practices, 
     as a component of the accountability system established under 
     this subsection, to measure school, local educational agency, 
     and State performance under the accountability system that, 
     at a minimum, comply with this paragraph as follows:
       ``(A) Disaggregate.--Each State educational agency shall 
     disaggregate student achievement data in a manner that 
     complies with the State's group size requirements under 
     subparagraph (B) for the school's, local educational 
     agency's, and the State's performance on its goals and 
     performance targets established under paragraph (2), by each 
     content area and each grade level for which such goals and 
     targets are established, and, if applicable, by improvement 
     indicators described in paragraph (1)(D) for each of the 
     following groups:
       ``(i) All public elementary and secondary school students.
       ``(ii) Economically disadvantaged students.
       ``(iii) Students from major racial and ethnic groups.
       ``(iv) Students with disabilities.
       ``(v) English learners.
       ``(B) Subgroup size.--Each State educational agency shall 
     establish group size requirements for performance measurement 
     and reporting under the accountability system that--
       ``(i) is the same for all subgroups described in 
     subparagraph (A);
       ``(ii) does not exceed 15 students;
       ``(iii) yields statistically reliable information; and
       ``(iv) does not reveal personally identifiable information 
     about an individual student.
       ``(C) Participation.--Each State educational agency shall 
     ensure that--
       ``(i) not less than 95 percent of the students in each 
     subgroup described subparagraph (A) take the State's 
     assessments under subsection (b)(2); and
       ``(ii) any school or local educational agency that does not 
     comply with the requirement described in clause (i) of this 
     subparagraph may not be considered to have met its goals or 
     performance targets under paragraph (2).
       ``(D) Averaging.--Each State educational agency may average 
     achievement data with the year immediately preceding that 
     school year for the purpose of determining whether schools, 
     local educational agencies, and the State have met their 
     performance targets under paragraph (2).
       ``(E) Students with the most significant cognitive 
     disabilities.--
       ``(i) In general.--In calculating the percentage of 
     students scoring at the on-target levels of achievement and 
     the graduation rate for the purpose of determining whether 
     schools, local educational agencies, and the State have met 
     their performance targets under paragraph (2), a State shall 
     include all students with disabilities, even those students 
     with the most significant cognitive disabilities, and--

       ``(I) may include the on-target and advanced scores of 
     students with the most significant cognitive disabilities 
     taking alternate assessments under subsection (b)(3)(E) 
     provided that the number and percentage of such students who 
     score at the on-target or advanced level on such alternate 
     assessments at the local educational agency and the State 
     levels, respectively, does not exceed the cap established by 
     the Secretary under clause (iii) in the grades assessed and 
     subjects used under the accountability system established 
     under this subsection; and
       ``(II) may include students with the most significant 
     cognitive disabilities, who are assessed using alternate 
     assessments described in subsection (b)(3)(E) and who receive 
     a State-defined standards-based alternate diploma aligned 
     with alternate achievement standards described in 
     subparagraph (4)(D) and with completion of the student's 
     right to a free and appropriate public education under the 
     Individuals with Disabilities Education Act, as graduating 
     with a regular secondary school diploma, provided that the 
     number and percentage of those students who receive a State-
     defined standards-based alternate diploma at the local 
     educational agency and the State levels, respectively, does 
     not exceed the cap established by the Secretary under clause 
     (iii).

       ``(ii) State requirements.--If the number and percentage of 
     students taking alternate assessments or receiving a State-
     defined standards-based alternate diploma exceeds the cap 
     under clause (iii) at the local educational agency or State 
     level, the State educational agency, in determining whether 
     the local educational agency or State, respectively, has met 
     its performance targets under paragraph (2), shall--

       ``(I) include all students with the most significant 
     cognitive disabilities;
       ``(II) count at the catch-up level of achievement or as not 
     graduating such students who exceed the cap;
       ``(III) include such students at the catch-up level of 
     achievement or as not graduating in each applicable subgroup 
     at the school, local educational agency, and State level; and
       ``(IV) ensure that parents are informed of the actual 
     academic achievement levels and graduation status of their 
     children with the most significant cognitive disabilities.

       ``(iii) Secretarial duties.--The Secretary shall establish 
     a cap for the purposes of this subparagraph which--

       ``(I) shall be based on the most recently available data 
     on--

       ``(aa) the incidence of students with the most significant 
     cognitive disabilities;
       ``(bb) the participation rates, including by disability 
     category, on alternate assessments using alternate 
     achievement standards pursuant to subsection (b)(3)(E);
       ``(cc) the percentage of students, including by disability 
     category, scoring at each achievement level on such alternate 
     assessments; and
       ``(dd) other factors the Secretary deems necessary; and

       ``(II) may not exceed 1 percent of all students in the 
     combined grades assessed.

       ``(4) Transition provisions.--
       ``(A) In general.--The Secretary shall take such steps as 
     necessary to provide for the orderly transition to the new 
     accountability and school improvement systems required under 
     this subsection from prior accountability and school 
     improvement systems in existence on the day before the date 
     of enactment of the Student Success Act.
       ``(B) Transition.--To enable the successful transition 
     described in this paragraph, each State educational agency 
     receiving funds under this part shall--
       ``(i) administer assessments that were in existence on the 
     day before the date of enactment of the Student Success Act 
     and beginning not later than the 2014-2015 school year, 
     administer high-quality assessments described in subsection 
     (b)(3);
       ``(ii) report student performance on the assessments 
     described in subparagraph (I), consistent with the 
     requirements under this title;
       ``(iii) set a new baseline for performance targets, as 
     described in paragraph (2)(C) and

[[Page 11881]]

     (2)(D), once new high-quality assessments described in 
     subsection (b)(3) are implemented;
       ``(iv) implement the accountability and school improvement 
     requirements of sections 1111 and 1116, except--

       ``(I) the State shall not be required to identify new 
     persistently low achieving schools or schools in need of 
     improvement under section 1116 for 1 year after high-quality 
     assessments described in subsection (b)(3) have been 
     implemented; and
       ``(II) shall continue to implement school improvement 
     requirements of section 1116 in persistently low achieving 
     schools and schools in need of improvement that were 
     identified as such in the year prior to implementation of new 
     high-quality assessments; and

       ``(v) assist local educational agencies in providing 
     training and professional development on the implementation 
     of new college and career ready standards and high-quality 
     assessments.
       ``(C) End of transition.--The transition described in this 
     paragraph shall be completed by no later than 2 years from 
     the date of enactment of the Student Success Act.
       ``(d) Other Provisions to Support Teaching and Learning.--
     Each State plan shall contain the following:
       ``(1) Descriptions.--A description of--
       ``(A) how the State educational agency will carry out the 
     responsibilities of the State under section 1116;
       ``(B) a plan to identify and reduce inequities in the 
     allocation of State and local resources, including personnel 
     and nonpersonnel resources, between schools that are 
     receiving funds under this title and schools that are not 
     receiving such funds under this title, consistent with the 
     requirements in section 1120A, including--
       ``(i) a description of how the State will support local 
     educational agencies in meeting the requirements of section 
     1120A; and
       ``(ii) a description of how the State will support local 
     educational agencies to align plans under subparagraph (A), 
     efforts to improve educator supports and working conditions 
     described in section 2112(b)(3), and efforts to improve the 
     equitable distribution of teachers and principals described 
     in section 2112(b)(5), with efforts to improve the equitable 
     allocation of resources as described in this subsection;
       ``(C) how the State educational agency will ensure that the 
     results of the State assessments described in subsection 
     (b)(3) and the school evaluations described in subsection 
     (c)(1), respectively, will be provided to local educational 
     agencies, schools, teachers, and parents promptly, but not 
     later than before the beginning of the school year following 
     the school year in which such assessments, other indicators, 
     or evaluations are taken or completed, and in a manner that 
     is clear and easy to understand;
       ``(D) how the State educational agency will meet the 
     diverse learning needs of students by--
       ``(i) identifying and addressing State-level barriers to 
     implementation of universal design for learning, as described 
     in section 5429(b)(21), and multi-tier system of supports; 
     and
       ``(ii) developing and making available to local educational 
     agencies technical assistance for implementing universal 
     design for learning, as described in section 5429(b)(21), and 
     multi-tier system of supports;
       ``(E) for a State educational agency that adopts alternate 
     achievement standards for students with the most significant 
     cognitive disabilities under subsection (b)(4)(D)--
       ``(i) the clear and appropriate guidelines for 
     individualized education program teams to apply in 
     determining when a student's significant cognitive disability 
     justifies alternate assessment based on alternate achievement 
     standards, which shall include guidelines to ensure--

       ``(I) students with the most significant cognitive 
     disabilities have access to the general education curriculum 
     for the grade in which the student is enrolled;
       ``(II) participation in an alternate assessment does not 
     influence a student's placement in the least restrictive 
     environment;
       ``(III) determinations are made separately for each subject 
     and are re-determined each year during the annual 
     individualized education program team meeting;
       ``(IV) the student's mode of communication has been 
     identified and accommodated to the extent possible; and
       ``(V) parents of such students are informed of and 
     understand that their child's achievement will be based on 
     alternate achievement standards and whether participation in 
     such assessments precludes the student from completing the 
     requirements for a regular high school diploma; and

       ``(ii) the procedures the State educational agency will use 
     to ensure and monitor that individualized education program 
     teams implement the requirements of clause (i); and
       ``(iii) the plan to disseminate information on and promote 
     use of appropriate accommodations to increase the number of 
     students with the most significant cognitive disabilities who 
     are assessed using achievement standards described in 
     subparagraphs (B) and (C) of subsection (b)(4);
       ``(F) how the State educational agency will meet the needs 
     of English learners, including--
       ``(i) the method for identifying an English learner that 
     shall be used by all local educational agencies in the State;
       ``(ii) the entrance and exit requirements for students 
     enrolled in limited English proficient classes, which shall--

       ``(I) be based on rigorous English language standards; and
       ``(II) prepare such students to successfully complete the 
     State's assessments; and

       ``(iii) timelines and targets for moving students from the 
     lowest levels of English language proficiency to the State-
     defined English proficient level, including an assurance 
     that--

       ``(I) such targets will be based on student's initial 
     language proficiency level when first identified as limited 
     English proficient and grade; and
       ``(II) such timelines will ensure students achieve English 
     proficiency by 18 years of age, unless the State has obtained 
     prior approval by the Secretary;

       ``(G) how the State educational agency will assist local 
     educational agencies in improving instruction in all core 
     academic subjects;
       ``(H) how the State educational agency will develop and 
     improve the capacity of local educational agencies to use 
     technology to improve instruction; and
       ``(I) how any State educational agency with a charter 
     school law will support high-quality public charter schools 
     that receive funds under this title by--
       ``(i) ensuring the quality of the authorized public 
     chartering agencies in the State by establishing--

       ``(I) a system of periodic evaluation and certification of 
     public chartering agencies using nationally-recognized 
     professional standards; or
       ``(II) a statewide, independent chartering agency that 
     meets nationally-recognized professional standards;

       ``(ii) including in the procedure established pursuant to 
     clause (i) requirements for--

       ``(I) the annual filing and public reporting of 
     independently audited financial statements including 
     disclosure of amount and duration of any nonpublic financial 
     and in-kind contributions of support, by each public 
     chartering agency, for each school authorized by such agency, 
     and by each local educational agency and the State; and
       ``(II) a legally binding charter or performance contract 
     between each charter school and the school's authorized 
     public chartering agency that--

       ``(aa) describes the rights, duties, and remedies of the 
     school and the public chartering agency; and
       ``(bb) bases charter renewal and revocation decisions on an 
     agreed-to school accountability plan which includes financial 
     and organizational indicators, with significant weight given 
     to the student achievement on the achievement goals, 
     performance targets, and growth targets established pursuant 
     to subparagraphs (B), (C), and (D) of subsection (c)(2), 
     respectively, for each student subgroup described in 
     subsection (c)(3)(A), as well as
       ``(iii) developing and implementing, in consultation and 
     coordination with local educational agencies, a system of 
     intervention, revocation, or closure for charter schools and 
     public chartering agencies failing to meet the requirements 
     and standards described in clauses (i) and (ii), which, at a 
     minimum provides for--

       ``(I) initial and regular review, no less than once every 3 
     years, of each public chartering agency; and
       ``(II) intervention, revocation, or closure of any charter 
     school identified for school improvement under section 1116.

       ``(2) Assurances.--Assurances that--
       ``(A) the State educational agency will participate in 
     biennial State academic assessments of 4th, 8th, and 12th 
     grade reading, mathematics, and science under the National 
     Assessment of Educational Progress carried out under section 
     303(b)(2) of the National Assessment of Educational Progress 
     Authorization Act, if the Secretary pays the costs of 
     administering such assessments;
       ``(B) the State educational agency will--
       ``(i) notify local educational agencies and the public of 
     the content and student academic achievement standards and 
     academic assessments developed under this section, and of the 
     authority to operate schoolwide programs; and
       ``(ii) fulfill the State educational agency's 
     responsibilities regarding local educational agency and 
     school improvement under section 1116;
       ``(C) the State educational agency will encourage local 
     educational agencies to consolidate funds from other Federal, 
     State, and local sources for school improvement activities 
     under 1116 and for schoolwide programs under section 1114;
       ``(D) the State educational agency has modified or 
     eliminated State fiscal and accounting barriers so that 
     schools can easily consolidate funds from other Federal, 
     State, and local sources for schoolwide programs under 
     section 1114;
       ``(E) that State educational agency will coordinate data 
     collection efforts to fulfill the requirements of this Act 
     and reduce the duplication of data collection to the extent 
     practicable;
       ``(F) the State educational agency will provide the least 
     restrictive and burdensome

[[Page 11882]]

     regulations for local educational agencies and individual 
     schools participating in a program assisted under this part;
       ``(G) the State educational agency will inform local 
     educational agencies in the State of the local educational 
     agency's authority--
       ``(i) to transfer funds under title VI;
       ``(ii) to obtain waivers under part D of title IX; and
       ``(iii) if the State is an Ed-Flex Partnership State, to 
     obtain waivers under the Education Flexibility Partnership 
     Act of 1999;
       ``(H) the State educational agency will work with other 
     agencies, including educational service agencies or other 
     local consortia and comprehensive centers established under 
     the Educational Technical Assistance Act of 2002, and 
     institutions to provide professional development and 
     technical assistance to local educational agencies and 
     schools;
       ``(I) the State educational agency will ensure that local 
     educational agencies in the State comply with the 
     requirements of subtitle B of title VII of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. lll17); and
       ``(J) the State educational agency has engaged in timely 
     and meaningful consultation with representatives of Indian 
     tribes located in the State in the development of the State 
     plan to serve local educational agencies under its 
     jurisdiction in order to--
       ``(i) improve the coordination of activities under this 
     Act;
       ``(ii) meet the purpose of this title; and
       ``(iii) meet the unique cultural, language, and educational 
     needs of Indian students.
       ``(e) Family Engagement.--Each State plan shall include a 
     plan for strengthening family engagement in education. Each 
     such plan shall, at a minimum, include--
       ``(1) a description of the State's criteria and schedule 
     for review and approval of local educational agency 
     engagement policies and practices pursuant to section 
     1112(e)(3);
       ``(2) a description of the State's system and process for 
     assessing local educational agency implementation of section 
     1118 responsibilities;
       ``(3) a description of the State's criteria for identifying 
     local educational agencies that would benefit from training 
     and support related to family engagement in education;
       ``(4) a description of the State's statewide system of 
     capacity-building and technical assistance for local 
     educational agencies and schools on effectively implementing 
     family engagement in education practices and policies to 
     increase student achievement;
       ``(5) an assurance that the State will refer to Statewide 
     Family Engagement Centers, as described in section 5702, 
     those local educational agencies that would benefit from 
     training and support related to family engagement in 
     education; and
       ``(6) a description of the relationship between the State 
     educational agency and Statewide Family Engagement Centers, 
     parent training and information centers, and community parent 
     resource centers in the State established under sections 671 
     and 672 of the Individuals with Disabilities Education Act.
       ``(f) Peer Review and Secretarial Approval.--
       ``(1) Secretarial duties.--The Secretary shall--
       ``(A) establish a peer-review process to assist in the 
     review of State plans;
       ``(B) appoint individuals to the peer-review process who 
     are representative of parents, teachers, State educational 
     agencies, local educational agencies, and experts and who are 
     familiar with educational standards, assessments, 
     accountability, the needs of low-performing schools, and 
     other educational needs of students;
       ``(C) approve a State plan within 120 days of its 
     submission unless the Secretary determines that the plan does 
     not meet the requirements of this section;
       ``(D) if the Secretary determines that the State plan does 
     not meet the requirements of this section immediately notify 
     the State of such determination and the reasons for such 
     determination;
       ``(E) not decline to approve a State's plan before--
       ``(i) offering the State an opportunity to revise its plan;
       ``(ii) providing technical assistance in order to assist 
     the State to meet the requirements of this section; and
       ``(iii) providing a hearing; and
       ``(F) have the authority to disapprove a State plan for not 
     meeting the requirements of this part, but shall not have the 
     authority to require a State, as a condition of approval of 
     the State plan, to include in, or delete from, such plan one 
     or more specific elements of the State's academic content 
     standards or to use specific academic assessment instruments 
     or items.
       ``(2) State revisions.--A State plan shall be revised by 
     the State educational agency if the revision is necessary to 
     satisfy the requirements of this section.
       ``(3) Public review.--Notifications under this subsection 
     shall be made available to the public through the website of 
     the Department, including--
       ``(A) State plans submitted or resubmitted by a State;
       ``(B) peer review comments;
       ``(C) State plan determinations by the Secretary, including 
     approvals or disapprovals;
       ``(D) amendments or changes to State plans; and
       ``(E) hearings.
       ``(g) Duration of the Plan.--
       ``(1) In general.--Each State plan shall--
       ``(A) remain in effect for the duration of the State's 
     participation under this part or 4 years, whichever is 
     shorter; and
       ``(B) be periodically reviewed and revised as necessary by 
     the State educational agency to reflect changes in the 
     State's strategies and programs under this part, including 
     information on progress the State has made in--
       ``(2) Renewal.--A State educational agency that desires to 
     continue participation under this part shall submit a renewed 
     plan every 4 years, including information on progress the 
     State has made in--
       ``(A) implementing college- and career-ready content and 
     achievement standards and high-quality assessments described 
     in paragraph (b);
       ``(B) meeting its goals and performance targets described 
     in subsection (c)(2); and
       ``(C) improving the capacity and skills of teachers and 
     principals as described in section 2112.
       ``(2) Additional information.--If significant changes are 
     made to a State's plan, such as the adoption of new State 
     academic content standards and State student achievement 
     standards, new academic assessments, or new performance goals 
     or target, growth goals or targets, or graduation goals or 
     targets, such information shall be submitted to the Secretary 
     for approval.
       ``(h) Failure to Meet Requirements.--If a State fails to 
     meet any of the requirements of this section, the Secretary 
     may withhold funds for State administration under this part 
     until the Secretary determines that the State has fulfilled 
     those requirements.
       ``(i) Reports.--
       ``(1) Annual state report card.--
       ``(A) In general.--A State that receives assistance under 
     this part shall prepare and disseminate an annual State 
     report card. Such dissemination shall include, at a minimum, 
     publicly posting the report card on the home page of the 
     State educational agency's website.
       ``(B) Implementation.--The State report card shall be--
       ``(i) concise; and
       ``(ii) presented in an understandable and uniform format 
     and, to the extent practicable, provided in a language that 
     the parents can understand.
       ``(C) Required information.--The State shall include in its 
     annual State report card--
       ``(i) information, in the aggregate, and disaggregated and 
     cross-tabulated by race, ethnicity, gender, disability 
     status, migrant status, English proficiency, and status as 
     economically disadvantaged, except that such disaggregation 
     and cross-tabulation shall not be required in a case in which 
     the number of students in a category is insufficient to yield 
     statistically reliable information or the results would 
     reveal personally identifiable information about an 
     individual student on--

       ``(I) student achievement at each achievement level on the 
     State academic assessments described in subsection (b)(3), 
     including the most recent 2-year trend;
       ``(II) student growth on the State academic assessments 
     described in subsection (b)(3), including the most-recent 2-
     year trend;
       ``(III) the four-year adjusted cohort rate, the extended-
     year graduation rate (where applicable), and the graduation 
     rate by type of diploma, including the most recent 2-year 
     trend;
       ``(IV) the State established improvement indicators under 
     subsection (c)(1)(D);
       ``(V) the percentage of students who did not take the State 
     assessments; and
       ``(VI) the most recent 2-year trend in student achievement 
     and student growth in each subject area and for each grade 
     level, for which assessments under this section are required;

       ``(ii) information that provides a comparison between the 
     actual achievement levels and growth of each group of 
     students described in subsection (c)(3)(A) and the 
     performance targets and growth targets in subsection (c)(2) 
     for each such group of students on each of the academic 
     assessments and for graduation rates required under this 
     part;
       ``(iii) if a State adopts alternate achievement standards 
     for students with the most significant cognitive 
     disabilities, the number and percentage of students taking 
     the alternate assessments and information on student 
     achievement at each achievement level and student growth, by 
     grade and subject;
       ``(iv) the number of students who are English learners, and 
     the performance of such students, on the State's English 
     language proficiency assessments, including the students' 
     attainment of, and progress toward, higher levels of English 
     language proficiency;
       ``(v) information on the performance of local educational 
     agencies in the State regarding school improvement, including 
     the number and names of each school identified for school 
     improvement under section 1116 and information on the 
     outcomes of the improvement indicators outlined in section 
     1111(c)(1)(D);
       ``(vi) the professional qualifications of teachers in the 
     State, the percentage of such

[[Page 11883]]

     teachers teaching with emergency or provisional credentials, 
     and the percentage of classes in the State not taught by 
     qualified teachers, in the aggregate and disaggregated by 
     high-poverty compared to low-poverty schools which, for the 
     purpose of this clause, means schools in the top quartile of 
     poverty and the bottom quartile of poverty in the State;
       ``(vii) information on teacher effectiveness, as described 
     in section 2112(b)(1)(C), in the aggregate and disaggregated 
     by high-poverty compared to low-poverty schools which, for 
     the purpose of this clause, means schools in the top quartile 
     of poverty and the bottom quartile of poverty in the State;
       ``(viii) a clear and concise description of the State's 
     accountability system, including a description of the 
     criteria by which the State educational agency evaluates 
     school performance, and the criteria that the State 
     educational agency has established, consistent with 
     subsection (c), to determine the status of schools with 
     respect to school improvement; and
       ``(ix) outcomes related to quality charter authorizing 
     standards as described in subsection (d)(1)(I), including, at 
     a minimum, annual filing as described in subsection 
     (d)(1)(I)(ii)(I).
       ``(2) Annual local educational agency report cards.--
       ``(A) Report cards.--A local educational agency that 
     receives assistance under this part shall prepare and 
     disseminate an annual local educational agency report card.
       ``(B) Minimum requirements.--The State educational agency 
     shall ensure that each local educational agency collects 
     appropriate data and includes in the local educational 
     agency's annual report the information described in paragraph 
     (1)(C) as applied to the local educational agency and each 
     school served by the local educational agency, and--
       ``(i) in the case of a local educational agency--

       ``(I) the number and percentage of schools identified for 
     school improvement under section 1116 and how long the 
     schools have been so identified; and
       ``(II) information that shows how students served by the 
     local educational agency achieved on the statewide academic 
     assessment compared to students in the State as a whole;
       ``(III) per-pupil expenditures from Federal, State, and 
     local sources, including personnel and nonpersonnel 
     resources, for each school in the local educational agency, 
     consistent with the requirements under section 1120A;
       ``(IV) the number and percentage of secondary school 
     students who have been removed from the 4-year adjusted 
     cohort by leaver code, and the number and percentage of 
     students from each adjusted cohort that have been enrolled in 
     high school for more than 4 years but have not graduated with 
     a regular diploma; and
       ``(V) information on the number of military-connected 
     students (students who are a dependent of a member of the 
     Armed Forces, including reserve components thereof) served by 
     the local educational agency and how such military-dependent 
     students achieved on the statewide academic assessment 
     compared to all students served by the local educational 
     agency; and

       ``(ii) in the case of a school--

       ``(I) whether the school has been identified for school 
     improvement; and
       ``(II) information that shows how the school's students 
     achievement on the statewide academic assessments and other 
     improvement indicators compared to students in the local 
     educational agency and the State as a whole.

       ``(C) Other information.--A local educational agency may 
     include in its annual local educational agency report card 
     any other appropriate information, whether or not such 
     information is included in the annual State report card.
       ``(D) Data.--A local educational agency or school shall 
     only include in its annual local educational agency report 
     card data that are sufficient to yield statistically reliable 
     information, as determined by the State, and that do not 
     reveal personally identifiable information about an 
     individual student.
       ``(E) Public dissemination.--The local educational agency 
     shall publicly disseminate the report cards described in this 
     paragraph to all schools in the school district served by the 
     local educational agency and to all parents of students 
     attending those schools in an accessible, understandable, and 
     uniform format and, to the extent practicable, provided in a 
     language that the parents can understand, and make the 
     information widely available through public means, such as 
     posting on the Internet, distribution to the media, and 
     distribution through public agencies.
       ``(3) Preexisting report cards.--A State educational agency 
     or local educational agency that was providing public report 
     cards on the performance of students, schools, local 
     educational agencies, or the State prior to the date of 
     enactment of the Student Success Act may use those report 
     cards for the purpose of this subsection, so long as any such 
     report card is modified, as may be needed, to contain the 
     information required by this subsection.
       ``(4) Cost reduction.--Each State educational agency and 
     local educational agency receiving assistance under this part 
     shall, wherever possible, take steps to reduce data 
     collection costs and duplication of effort by obtaining the 
     information required under this subsection through existing 
     data collection efforts.
       ``(5) Annual state report to the secretary.--Each State 
     educational agency receiving assistance under this part shall 
     report annually to the Secretary, and make widely available 
     within the State--
       ``(A) information on the State's progress in developing and 
     implementing
       ``(i) the college and career ready standards described in 
     subsection (b)(2);
       ``(ii) the academic assessments described in subsection 
     (b)(3);
       ``(iii) the accountability and school improvement system 
     described in subsection (c); and
       ``(iv) teacher and principal evaluation systems described 
     in section 2112(b)(1); and
       ``(B) the annual State report card under paragraph (1).
       ``(6) Report to congress.--The Secretary shall transmit 
     annually to the Committee on Education and the Workforce of 
     the House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions of the Senate a report that 
     provides national and State-level data on the information 
     collected under paragraph (4).
       ``(7) Parents right-to-know.--
       ``(A) Achievement information.--At the beginning of each 
     school year, a school that receives funds under this subpart 
     shall provide to each individual parent--
       ``(i) information on the level of achievement and growth of 
     the parent's child on each of the State academic assessments 
     and, as appropriate, other improvement indicators adopted in 
     accordance with this subpart; and
       ``(ii) timely notice that the parent's child has been 
     assigned, or has been taught for four or more consecutive 
     weeks by, a teacher who is not qualified or has been found to 
     be ineffective consistent with the local educational agency 
     evaluation, as described in section 2112(b)(1).
       ``(B) Qualifications.--At the beginning of each school 
     year, a local educational agency that receives funds under 
     this part shall notify the parents of each student attending 
     any school receiving funds under this part, information 
     regarding the professional qualifications of the student's 
     classroom teachers, including, at a minimum, the following:
       ``(i) Whether the teacher has met State qualification and 
     licensing criteria for the grade levels and subject areas in 
     which the teacher provides instruction.
       ``(ii) Whether the teacher is teaching under emergency or 
     other provisional status through which State qualification or 
     licensing criteria have been waived.
       ``(iii) Whether the teacher is currently enrolled in an 
     alternative certification program.
       ``(iv) Whether the child is provided services by 
     paraprofessionals or specialized instructional support 
     personnel and, if so, their qualifications.
       ``(C) Format.--The notice and information provided to 
     parents under this paragraph shall be in an understandable 
     and uniform format and, to the extent practicable, provided 
     in a language that the parents can understand.
       ``(j) Privacy.--Information collected under this section 
     shall be collected and disseminated in a manner that protects 
     the privacy of individuals.
       ``(k) Technical Assistance.--The Secretary shall provide a 
     State educational agency, at the State educational agency's 
     request, technical assistance in meeting the requirements of 
     this section, including the provision of advice by experts in 
     the development of college and career ready standards, high-
     quality academic assessments, and goals and targets that are 
     valid and reliable, and other relevant areas.
       ``(l) Voluntary Partnerships.--A State may enter into a 
     voluntary partnership with another State to develop and 
     implement the academic assessments and standards required 
     under this section.
       ``(m) Definitions.--In this section:
       ``(1) Adjusted cohort; extended-year; entering cohort; 
     transferred into; transferred out.--
       ``(A) Adjusted cohort.--Subject to subparagraph (D)(ii) 
     through (G), the term `adjusted cohort' means the difference 
     of--
       ``(i) the sum of--

       ``(I) the entering cohort; plus
       ``(II) any students that transferred into the cohort in any 
     of grades 9 through 12; minus

       ``(ii) any students that are removed from the cohort as 
     described in subparagraph (E).
       ``(B) Extended year.--The term `extended year' when used 
     with respect to a graduation rate, means the fifth or sixth 
     year after the school year in which the entering cohort, as 
     described in subparagraph (C), is established for the purpose 
     of calculating the adjusted cohort.
       ``(C) Entering cohort.--The term `entering cohort' means 
     the number of first-time 9th graders enrolled in a secondary 
     school 1 month after the start of the secondary school's 
     academic year.

[[Page 11884]]

       ``(D) Transferred into.--The term `transferred into' when 
     used with respect to a secondary school student, means a 
     student who--
       ``(i) was a first-time 9th grader during the same school 
     year as the entering cohort; and
       ``(ii) enrolls after the entering cohort is calculated as 
     described in subparagraph (B).
       ``(E) Transferred out.--
       ``(i) In general.--The term `transferred out' when used 
     with respect to a secondary school student, means a student 
     who the secondary school or local educational agency has 
     confirmed has transferred to another--

       ``(I) school from which the student is expected to receive 
     a regular secondary school diploma; or
       ``(II) educational program from which the student is 
     expected to receive a regular secondary school diploma.

       ``(ii) Confirmation requirements.--

       ``(I) Documentation required.--The confirmation of a 
     student's transfer to another school or educational program 
     described in clause (i) requires documentation from the 
     receiving school or program that the student enrolled in the 
     receiving school or program.
       ``(II) Lack of confirmation.--A student who was enrolled, 
     but for whom there is no confirmation of the student having 
     transferred out, shall remain in the cohort as a non-graduate 
     for reporting and accountability purposes under this section.

       ``(iii) Programs not providing credit.--A student enrolled 
     in a GED or other alternative educational program that does 
     not issue or provide credit toward the issuance of a regular 
     secondary school diploma shall not be considered transferred 
     out.
       ``(F) Cohort removal.--To remove a student from a cohort, a 
     school or local educational agency shall require 
     documentation to confirm that the student has transferred 
     out, emigrated to another country, or is deceased.
       ``(G) Treatment of other leavers and withdrawals.--A 
     student who was retained in a grade, enrolled in a GED 
     program, aged-out of a secondary school or secondary school 
     program, or left secondary school for any other reason, 
     including expulsion, shall not be considered transferred out, 
     and shall remain in the adjusted cohort.
       ``(H) Special rule.--For those secondary schools that start 
     after grade 9, the entering cohort shall be calculated 1 
     month after the start of the secondary school's academic year 
     in the earliest secondary school grade at the secondary 
     school.
       ``(2) 4-year adjusted cohort graduation rate.--The term `4-
     year adjusted cohort graduation rate' means the percent 
     obtained by calculating the product of--
       ``(A) the result of--
       ``(i) the number of students who--

       ``(I) formed the adjusted cohort 4 years earlier; and
       ``(II) graduate in 4 years or less with a regular secondary 
     school diploma; divided by

       ``(ii) the number of students who formed the adjusted 
     cohort for that year's graduating class 4 years earlier; 
     multiplied by
       ``(B) 100.
       ``(3) Extended-year graduation rate.--The term `extended-
     year graduation rate' for a school year is defined as the 
     percent obtained by calculating the product of the result 
     of--
       ``(A) the sum of--
       ``(i) the number of students who--

       ``(I) form the adjusted cohort for that year's graduating 
     class; and
       ``(II) graduate in an extended year with a regular 
     secondary school diploma; or
       ``(III) graduate before exceeding the age for eligibility 
     for a free appropriate public education (as defined in 
     section 602 of the Individuals with Disabilities Education 
     Act) under State law; divided by

       ``(ii) the result of--

       ``(I) the number of students who form the adjusted cohort 
     for that year's graduating class; plus
       ``(II) the number of students who transferred in during the 
     extended year defined in paragraph (1)(B), minus
       ``(III) students who transferred out, emigrated, or died 
     during the extended year defined in paragraph (1)(B); 
     multiplied by

       ``(B) 100.
       ``(4) Leaver code.--The term `leaver code' means a number 
     or series of numbers and letters assigned to a categorical 
     reason for why a student left the high school from which she 
     or he is enrolled without having earned a regular high school 
     diploma, except that--
       ``(A) an individual student with either a duplicative code 
     or whom has not been assigned a leaver code shall not be 
     removed from the cohort assigned for the purpose of 
     calculating the adjusted cohort graduation rate; and
       ``(B) the number of students with either a duplicative 
     leaver code or who have not been assigned a leaver code shall 
     be included in reporting requirements for the leaver code.
       ``(5) Multi-tier system of supports.--The term `multi-tier 
     system of supports' means a comprehensive system of 
     differentiated supports that includes evidence-based 
     instruction, universal screening, progress monitoring, 
     formative assessment, and research-based interventions 
     matched to student needs, and educational decision-making 
     using student outcome data.
       ``(6) Graduation rate.--The term `graduation rate' means a 
     4-year adjusted cohort graduation rate and the extended-year 
     graduation rate.
       ``(7) Regular secondary school diploma.--The term `regular 
     secondary school diploma' means the standard secondary 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 GED's, certificates of 
     attendance, or any lesser diploma award.''.

     SEC. 104. ELIGIBLE SCHOOL ATTENDANCE AREAS.

        Section 1113(c)(3) (20 U.S.C. 6313(c)(3)) is amended to 
     read as follows:
       ``(3) Reservation.--
       ``(A) In general.--A local educational agency shall reserve 
     such funds as are necessary under this part to provide 
     services comparable to those provided to children in schools 
     funded under this part to serve--
       ``(i) homeless children who are attending any public school 
     served by the local educational agency, including providing 
     educationally related support services to children in 
     shelters and other locations where children may live;
       ``(ii) children in local institutions for neglected 
     children; and
       ``(iii) if appropriate, children in local institutions for 
     delinquent children, and neglected or delinquent children in 
     community day school programs.
       ``(B) Reservation of funds.--Notwithstanding the 
     requirements of subsections (b) and (c) of section 1120A, 
     funds reserved under subparagraph (A) may be used to provide 
     homeless children and youths with services not ordinarily 
     provided to other students under this part, including 
     providing transportation pursuant to section 
     722(g)(1)(J)(iii) of such Act.
       ``(C) Amount reserved.--The amount of funds reserved under 
     subparagraph (A)(i) shall be determined by an assessment of 
     the numbers and the needs of homeless children and youths in 
     the local educational agency.''.

     SEC. 105. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY 
                   AND SCHOOL IMPROVEMENT; SCHOOL SUPPORT AND 
                   RECOGNITION.

       Section 1116 (20 U.S.C. 6316) is amended to read as 
     follows:

     ``SEC. 1116. SCHOOL IMPROVEMENT.

       ``(a) Local Review.--
       ``(1) In general.--Each local educational agency receiving 
     funds under this part shall--
       ``(A) use the State academic assessments, including 
     measures of student growth, and graduation rates to review, 
     annually, the progress of each school served under this part 
     to determine whether the school is meeting the performance 
     targets, growth targets, and graduation targets established 
     under section 1111(c)(2);
       ``(B) based on the review conducted under subparagraph (A), 
     determine whether a school served under this part is--
       ``(i) in need of improvement as described under section 
     1111(c)(1)(C)(ii); or
       ``(ii) a persistently low-achieving school that meets the 
     State parameters established under paragraph (2);
       ``(C) publicize and disseminate the results of the local 
     annual review described in subparagraph (A) to parents, 
     teachers, principals, schools, and the community so that the 
     teachers, principals, other staff, and schools can 
     continually refine, in an instructionally useful manner, the 
     program of instruction to help all children served under this 
     part meet the college and career ready achievement standards 
     established under section 1111(b); and
       ``(D) use the school improvement indicators established 
     under section 1111(c)(1)(D), and may include the multiple 
     measures described under section 1111(c)(1)(E), to diagnose 
     school challenges and measure school progress in carrying out 
     the school improvement activities under this section.
       ``(2) Persistently low-achieving schools.--The State 
     educational agency shall establish parameters, consistent 
     with section 1111(c)(1)(C)(i), to assist local educational 
     agencies in identifying persistently low-achieving schools 
     within the local educational agency that--
       ``(A) shall use student achievement on the assessments 
     under section 1111(b)(3), including prior year data;
       ``(B) shall use student growth data on the assessments 
     under section 1111(b)(3), including prior year data;
       ``(C) shall use graduation rate data, including prior year 
     data;
       ``(D) shall include schools with 4-year adjusted cohort 
     graduation rates below 60 percent as persistently low-
     achieving schools; and
       ``(E) may use data on the improvement indicators 
     established under section 1111(c)(1)(D) and the multiple 
     measures described under section 1111(c)(1)(E), except that 
     the local educational agency may not use such indicators to 
     change the schools identified based on the parameters 
     established under subparagraphs (A) through (D).
       ``(3) Opportunity to review and present evidence; time 
     limit.--
       ``(A) Identification.--Before identifying an elementary 
     school or a secondary school

[[Page 11885]]

     as a school in need of improvement or a persistently low-
     achieving school under paragraph (1), a local educational 
     agency shall provide the school with an opportunity to review 
     the school-level data, including academic assessment data, on 
     which the proposed identification is based.
       ``(B) Evidence.--If the principal of a school proposed as a 
     school in need of improvement or a persistently low-achieving 
     school believes, or a majority of the parents of the students 
     enrolled in such school believe, that the proposed 
     identification is in error for statistical or other 
     substantive reasons, the principal may provide supporting 
     evidence to the local educational agency, which shall 
     consider that evidence before making a final determination.
       ``(C) Final determination.--Not later than 30 days after a 
     local educational agency provides the school with the 
     opportunity to review such school-level data, the local 
     educational agency shall make public a final determination on 
     the status of the school with respect to identification as a 
     school in need of improvement or a persistently low-achieving 
     school.
       ``(b) School Improvement.--
       ``(1) In general.--Each school served under this part 
     determined to be a school in need of improvement pursuant to 
     section 1111(c)(1)(C)(ii) or a persistently low-achieving 
     school pursuant to 1111(c)(1)(C)(i), shall form a school 
     improvement team described in paragraph (2) to develop and 
     implement a school improvement plan described in paragraph 
     (3) to improve educational outcomes for all students.
       ``(2) School improvement team.--
       ``(A) In general.--Each school described in paragraph (1) 
     shall form a school improvement team, which shall include 
     school leaders, teachers, parents, community members, and 
     specialized instructional support personnel.
       ``(B) Schools in need of improvement.--Each school 
     improvement team for a school in need of improvement may 
     include an external partner and representatives of the local 
     educational agency and the State educational agency.
       ``(C) Persistently low-achieving schools.--Each school 
     improvement team for a persistently low-achieving school 
     shall include an external partner and representatives of the 
     local educational agency and the State educational agency.
       ``(3) School improvement plan.--
       ``(A) In general.--A school improvement team shall develop, 
     implement, and make publicly available a school improvement 
     plan that uses information available under the accountability 
     and school improvement system established under section 
     1111(c), data available under the early warning indicator 
     system established under subsection (c)(5), and other 
     relevant data to identify--
       ``(i) each area in which the school needs support for 
     improvement;
       ``(ii) the type of support required;
       ``(iii) how the school plans to use comprehensive, 
     evidence-based strategies to address such needs;
       ``(iv) how the school will measure progress in addressing 
     such needs using the goals and targets and improvement 
     indicators established under paragraphs (2) and (1)(D) of 
     section 1111(c), respectively, and identify which of the 
     goals and targets are not currently being met by the school; 
     and
       ``(v) how the school will review its progress and make 
     adjustments and corrections to ensure continuous improvement.
       ``(B) Planning period.--The school improvement team may use 
     a planning period, which shall not be longer than one school 
     year to develop and prepare to implement the school 
     improvement plan.
       ``(C) Plan requirements.--Each school improvement plan 
     shall describe the following:
       ``(i) Planning and preparation.--The activities during the 
     planning period, including--

       ``(I) the preparation activities conducted to effectively 
     implement the budgeting, staffing, curriculum, and 
     instruction changes described in the plan; and
       ``(II) how the school improvement team engaged parents and 
     community organizations.

       ``(ii) Targets.--The performance, growth, and graduation 
     targets that contributed to the school's status as a school 
     in need of improvement or persistently low-achieving school, 
     and the school challenges identified by the school 
     improvement indicators under section 1111(c)(1)(D).
       ``(iii) Evidence-based, school improvement strategies.--
     Evidence-based, school improvement strategies to address the 
     factors and challenges described in clause (ii), to improve 
     instruction, including in all core academic subjects, to 
     improve the achievement of all students and address the needs 
     of students identified at the catch-up level of achievement.
       ``(iv) Needs and capacity analysis.--A description and 
     analysis of the school's ability and the resources necessary 
     to implement the evidence-based, school improvement 
     strategies identified under clause (iii), including an 
     analysis of--

       ``(I) staffing resources, such as the number, experience, 
     training level, effectiveness, responsibilities, and 
     stability of existing administrative, instructional, and non-
     instructional staff;
       ``(II) budget resources, including how Federal, State, and 
     local funds are being spent for instruction and operations to 
     determine how existing resources can be aligned and used to 
     support improvement;
       ``(III) the school curriculum;
       ``(IV) the use of time, such as the school's schedule and 
     use of additional learning time; and
       ``(V) any additional resources and staff necessary to 
     effectively implement the school improvement activities 
     identified in the school improvement plan.

       ``(v) Identifying roles.--The roles and responsibilities of 
     the State educational agency, the local educational agency, 
     the school and, if applicable, the external partner in the 
     school improvement activities, including providing 
     interventions, support, and resources necessary to implement 
     improvements.
       ``(vi) Plan for evaluation.--The plan for continuous 
     evaluation of the evidence-based, school improvement 
     strategies, including implementation of and fidelity to the 
     school improvement plan, that includes at least quarterly 
     reviews of the effectiveness of such activities.
       ``(D) Additional requirements for persistently low-
     achieving schools.--For a persistently-low achieving school, 
     the school improvement plan shall, in addition to the 
     requirements described in subparagraph (B), describe how the 
     school will--
       ``(i) address school-wide factors to improve student 
     achievement, including--

       ``(I) establishing high expectations for all students, 
     which at a minimum, align with the achievement standards and 
     growth standards under section 1111(b)(4);
       ``(II) improving school climate, including student 
     attendance and school discipline, through the use of school-
     wide positive behavioral supports and interventions and other 
     evidence based approaches to improving school climate;
       ``(III) ensuring that the staff charged with implementing 
     the school improvement plan are engaged in the plan and the 
     school turnaround effort;
       ``(IV) establishing clear--

       ``(aa) benchmarks for implementation of the plan; and
       ``(bb) targets for improvement on the indicators under 
     section 1111(c)(1)(D);
       ``(ii) organize the school to improve teaching and 
     learning, including through--

       ``(I) strategic use of time, such as--

       ``(aa) establishing common planning time for teachers and 
     interdisciplinary teams who share common groups of students;
       ``(bb) redesigning the school calendar year or day, such as 
     through block scheduling, summer learning programs, or 
     increasing the number of hours or days, in order to create 
     additional learning time; or
       ``(cc) creating a flexible school period to address 
     specific student academic needs and interests such as credit 
     recovery, electives, enrichment activities, or service 
     learning; and

       ``(II) alignment of resources to improvement goals, such as 
     through ensuring that students in transition grades are 
     taught by teachers prepared to meet their specific learning 
     needs;

       ``(iii) increase teacher and school leader effectiveness, 
     as described in section 2112(b)(1), including through--

       ``(I) replacing the principal, or demonstrating the 
     principal has the skills, capacity, and record of success to 
     significantly improve student achievement and lead a school 
     turnaround;
       ``(II) screening all existing staff at the school, with the 
     leadership team, through a process that ensures a rigorous 
     and fair review of their applications that shall include--

       ``(aa) the results of teacher and principal evaluations and 
     determinations of effectiveness, as described in section 
     2112(b)(1); and
       ``(bb) a review of individual staff member's engagement in 
     the school improvement for the school;

       ``(III) improving the recruitment and retention of 
     effective teachers and principals to work in the school;
       ``(IV) professional development activities that respond to 
     student and school-wide needs aligned with the school 
     improvement plan, such as--

       ``(aa) training teachers, leaders, and administrators 
     together with staff from schools making achievement goals and 
     performance targets under the accountability system under 
     section 1111(c) that serve similar populations and in such 
     schools;
       ``(bb) establishing peer learning and coaching among 
     teachers; or
       ``(cc) facilitating collaboration, including through 
     professional communities across subject area and 
     interdisciplinary groups and similar schools;

       ``(V) appropriately identifying teachers for each grade and 
     course; and
       ``(VI) the development of effective leadership structures, 
     supports, and clear decision making processes, such as 
     through developing distributive leadership and leadership 
     teams;

       ``(iv) improve curriculum and instruction, including 
     through--

       ``(I) demonstrating the relevance of the curriculum and 
     learning for all students, including instruction in all core 
     academic subjects, and may include the use of online

[[Page 11886]]

     course-work as long as such course-work meets standards of 
     quality and best practices for online education;
       ``(II) increasing access to rigorous and advanced course-
     work, including adoption and implementation of a college- and 
     career-ready curriculum, and evidence-based, engaging 
     instructional materials aligned with such a curriculum, for 
     all students;
       ``(III) increasing access to contextualized learning 
     opportunities aligned with readiness for postsecondary 
     education and the workforce, such as providing--

       ``(aa) work-based, project-based, and service-learning 
     opportunities; or
       ``(bb) a high-quality, college preparatory curriculum in 
     the context of a rigorous career and technical education 
     core;

       ``(IV) regularly collecting and using data to inform 
     instruction, such as--

       ``(aa) through use of formative assessments;
       ``(bb) creating and using common grading rubrics; or
       ``(cc) identifying effective instructional approaches to 
     meet student needs; and

       ``(V) emphasizing core skills instruction, such as 
     literacy, across content areas;

       ``(v) provide students with academic and social support to 
     address individual student learning needs, including 
     through--

       ``(I) ensuring access to services and expertise of 
     specialized instructional support personnel;
       ``(II) supporting students at the catch-up level of 
     achievement who need intensive intervention;
       ``(III) increasing personalization of the school experience 
     through learning structures that facilitate the development 
     of student and staff relationships such as--

       ``(aa) implementing grade 9 academies or thematic smaller 
     learning communities;
       ``(bb) establishing teams of teachers who work exclusively 
     with small groups of students; or
       ``(cc) creating advisor positions to provide students with 
     study, organizational, and social supports;

       ``(IV) offering extended-learning, credit recovery, 
     mentoring, or tutoring options of sufficient scale to meet 
     student needs;
       ``(V) providing evidence-based, accelerated learning for 
     students with academic skill levels below grade level;
       ``(VI) coordinating and increasing access to integrated 
     services, such as providing special instructional support 
     personnel;
       ``(VII) providing transitional support between grade-spans, 
     including postsecondary planning; and
       ``(VIII) meeting the diverse learning needs of all students 
     through strategies such as multi-tier system of supports and 
     universal design for learning, as described in section 
     5429(b)(21);
       ``(IX) engage families and community partners, including 
     community-based organizations, organizations representing 
     underserved populations, Indian tribes (as appropriate), 
     organizations assisting parent involvement, institutions of 
     higher education, and businesses, in school improvement 
     activities through evidence-based strategies; and
       ``(X) be provided control over governance policies, 
     including flexibility regarding staffing and compensation, 
     budgeting, student credit attainment, or use of school time, 
     that support the implementation of effective school 
     improvement activities and educational options.

       ``(E) Submission and approval.--The school improvement team 
     shall submit the school improvement plan to the local 
     educational agency or the State educational agency, as 
     determined by the State educational agency based on the local 
     educational agency's ability to effectively monitor the 
     school improvement activities. Upon receiving the plan, the 
     local educational agency or the State educational agency, as 
     appropriate, shall--
       ``(i) establish a peer review process to assist with review 
     of the school improvement plan; and
       ``(ii) promptly review the plan, work with the school 
     improvement team as necessary, and approve the plan if the 
     plan meets the requirements of this paragraph.
       ``(F) Revision of plan.--A school improvement team may 
     revise the school improvement plan as additional information 
     and data is available.
       ``(G) Implementation.--A school with the support and 
     assistance of the local educational agency shall implement 
     the school improvement plan expeditiously, but not later than 
     the beginning of the next full school year after 
     identification for improvement.
       ``(4) Evaluation of school improvement.--
       ``(A) In general.--
       ``(i) Review.--The State educational agency or local 
     educational agency, as determined by the State in accordance 
     with paragraph (3)(D) shall, annually, review data with 
     respect to each school in need of improvement and each 
     persistently low-achieving school to set clear benchmarks for 
     progress, to guide adjustments and corrections, to evaluate 
     whether the school supports and interventions for the school 
     are effective and the school is meeting the targets for 
     improvement established under its school improvement plan, 
     and to specify what actions ensue for schools not making 
     progress.
       ``(ii) Data.--In carrying out the annual review under 
     clause (i), the school, the local educational agency, or 
     State educational agency shall measure progress on--

       ``(I) student achievement, student growth, and graduation 
     rates against the goals and targets established under section 
     1111(c)(2); and
       ``(II) improvement indicators as established under section 
     1111(c)(1)(D).

       ``(B) Schools in need of improvement.--If, after 3 years of 
     implementing its school improvement plan, a school in need of 
     improvement does not meet the goals and targets under section 
     1111(c)(2) that were identified under the school improvement 
     plan as not being met by the school and the improvement 
     indicators established under section 1111(c)(1)(D), then--
       ``(i) the local educational agency shall evaluate school 
     performance and other data, and provide intensive assistance 
     to that school in order to improve the effectiveness of the 
     interventions; and
       ``(ii) the State educational agency or the local 
     educational agency, as determined by the State, shall 
     determine whether school shall partner with an external 
     partner--

       ``(I) to revise the school improvement plan; and
       ``(II) to improve, and as appropriate, revise, school 
     improvement strategies that meet the requirements of 
     paragraph (3)(B)(iii).

       ``(C) Persistently low-achieving schools.--If, after 3 
     years of implementing its school improvement plan, a 
     persistently low-achieving school does not demonstrate 
     progress on the goals and targets under section 1111(c)(2) 
     that were identified under the school improvement plan as not 
     being met by the school or the improvement indicators 
     established under section 1111(c)(1)(D), then--
       ``(i) the local educational agency, in collaboration with 
     the State educational agency, shall determine whether to 
     implement school closure, replacement, or State take-over of 
     such school;
       ``(ii) the local educational agency, and as appropriate the 
     State educational agency, shall develop and implement a plan 
     to assist with the transition of the school under clause (i) 
     that--

       ``(I) is developed in consultation with parents and the 
     community;
       ``(II) addresses the needs of the students at the school by 
     considering strategies such as--

       ``(aa) opening a new school;
       ``(bb) graduating out current students and closing the 
     school in stages; and
       ``(cc) enrolling the students who attended the school in 
     other schools in the local educational agency that are higher 
     achieving, provided the other schools are within reasonable 
     proximity to the closed school and ensures receiving schools 
     have the capacity to enroll incoming students; and

       ``(III) provides information about high-quality educational 
     options and transition and support services to students who 
     attended that school and their parents.

       ``(D) Persistently low achieving school.--If, after 5 years 
     of implementing its school improvement plan, a persistently 
     low achieving school does not demonstrate progress on the 
     goals and targets under section 1111(c)(2) that were 
     identified under the school improvement plan, then the local 
     educational agency, in collaboration with the State 
     educational agency, shall determine whether to implement 
     school closure, replacement, or State take-over of such 
     school as required under subparagraph ``(C).
       ``(c) Local Educational Agency Responsibilities.--A local 
     educational agency served by this part, in supporting the 
     schools identified as a school in need of improvement or a 
     persistently low-achieving school served by the agency, 
     shall--
       ``(1) address local educational agency-wide factors to 
     improve student achievement by--
       ``(A) supporting the use of data to improve teaching and 
     learning through--
       ``(i) improving longitudinal data systems;
       ``(ii) regularly analyzing and disseminating usable data to 
     educators, parents, and students;
       ``(iii) building the data and assessment literacy of 
     teachers and principals; and
       ``(iv) evaluating at kindergarten entry the kindergarten 
     readiness of children and addressing the educational and 
     development needs determined by such evaluation;
       ``(B) addressing school transition needs of the local 
     educational agency by--
       ``(i) using kindergarten readiness data to consider 
     improving access to high-quality early education 
     opportunities; and
       ``(ii) providing targeted research-based interventions to 
     middle schools that feed into high schools identified for 
     school improvement under this section;
       ``(C) developing human capital systems that ensure there is 
     a sufficient pool of effective teachers and school leaders to 
     work in schools served by the local educational agency;
       ``(D) developing support for school improvement plans among 
     key stakeholders such as parents and families, community 
     groups representing underserved populations, Indian tribes, 
     educators, and teachers;

[[Page 11887]]

       ``(E) carrying out administrative duties under this 
     section, including evaluation for school improvement and 
     technical assistance for schools; and
       ``(F) coordinating activities under this section with other 
     relevant State and local agencies, as appropriate;
       ``(2) address time and resources factors to improve student 
     achievement by--
       ``(A) ensuring the local educational agency budget calendar 
     is aligned with school staff and budgeting needs; and
       ``(B) targeting resources and support to those schools 
     identified as persistently low-performing or as in need of 
     improvement;
       ``(3) address teacher and school leader effectiveness by 
     supporting professional development activities aligned to 
     school improvement activities;
       ``(4) address curriculum and instruction factors to improve 
     student achievement by--
       ``(A) ensuring curriculum alignment with the State's early 
     learning standards and postsecondary education programs;
       ``(B) providing academically rigorous education options 
     such as--
       ``(i) effective dropout prevention, credit and dropout 
     recovery and recuperative education programs for disconnected 
     youth and students who are not making sufficient progress to 
     graduate high school in the standard number of years or who 
     have dropped out of high school;
       ``(ii) providing students with postsecondary learning 
     opportunities, such as through access to a relevant 
     curriculum or course of study that enables a student to earn 
     a secondary school diploma and--

       ``(I) an associate's degree; or
       ``(II) not more than 2 years of transferable credit toward 
     a postsecondary degree or credential;

       ``(iii) integrating rigorous academic education with career 
     training, including training that leads to postsecondary 
     credentials for students;
       ``(iv) increasing access to Advanced Placement or 
     International Baccalaureate courses and examinations; or
       ``(v) developing and utilizing innovative, high quality 
     distance learning strategies to improve student academic 
     achievement; and
       ``(C) considering how technology can be used to support 
     school improvement activities;
       ``(5) address student support factors to improve student 
     achievement by--
       ``(A) establishing an early warning indicator system to 
     identify students who are at risk of dropping out of high 
     school and to guide preventive and recuperative school 
     improvement strategies, including--
       ``(i) identifying and analyzing the academic risk factors 
     that most reliably predict dropouts by using longitudinal 
     data of past cohorts of students;
       ``(ii) identifying specific indicators of student progress 
     and performance, such as attendance, academic performance in 
     core courses, and credit accumulation, to guide decision 
     making;
       ``(iii) identifying or developing a mechanism for regularly 
     collecting and analyzing data about the impact of 
     interventions on the indicators of student progress and 
     performance; and
       ``(iv) analyzing academic indicators to determine whether 
     students are on track to graduate secondary school in the 
     standard numbers of years; and
       ``(B) identifying and implementing strategies for pairing 
     academic support with integrated student services and case-
     managed interventions for students requiring intensive 
     supports which may include partnerships with other external 
     partners;
       ``(6) promote family outreach and engagement in school 
     improvement activities to improve student achievement;
       ``(7) for each school identified for school improvement, 
     ensure the provision of technical assistance as the school 
     develops and implements the school improvement plan 
     throughout the plan's duration; and
       ``(8) identify school improvement strategies that are 
     consistently improving student outcomes and disseminate those 
     strategies so that all schools can implement them.
       ``(d) State Educational Agency Responsibilities.--A State 
     educational agency served by this part, in supporting schools 
     identified as a school in need of improvement or a 
     persistently low-achieving school and the local educational 
     agencies serving such schools, shall--
       ``(1) assess and address local capacity constraints to 
     ensure that its local educational agencies can meet the 
     requirements of this section;
       ``(2) provide support and technical assistance, including 
     assistance to school leaders, teachers, and other staff, to 
     assist local educational agencies and schools in using data 
     to support school improvement and in addressing the 
     improvement indicators described in section 1111(c)(1)(D) and 
     multiple measures described in section 1111(c)(1)(E), where 
     applicable;
       ``(3) identify school improvement strategies that are 
     consistently improving student outcomes and disseminate those 
     strategies so that all schools can implement them;
       ``(4) target resources and support to those schools in the 
     State that are identified as a school in need of improvement 
     or a persistently low-achieving school and to local 
     educational agencies serving such schools;
       ``(5) leverage resources from other funding sources, such 
     as school improvement funds, technology funds, and 
     professional development funds to support school improvement 
     activities;
       ``(6) provide a statewide system of support, including 
     regional support services, to improve teaching, learning, and 
     student outcomes;
       ``(7) assist local educational agencies in developing early 
     warning indicator systems;
       ``(8) with respect to schools that will work with external 
     partners to improve student achievement--
       ``(A) develop and apply objective criteria to potential 
     external partners that are based on a demonstrated record of 
     effectiveness in school improvement;
       ``(B) maintain an updated list of approved external 
     partners across the State;
       ``(C) develop, implement, and publicly report on standards 
     and techniques for monitoring the quality and effectiveness 
     of the services offered by approved external partners, and 
     for withdrawing approval from external partners that fail to 
     improve persistently low-achieving schools; and
       ``(D) may identify external partners as approved, 
     consistent with the requirements under paragraph (7), who 
     agree to provide services on the basis of receiving payments 
     only when student achievement has increased at an appropriate 
     level as determined by the State educational agency and 
     school improvement team under subsection (b)(2); and
       ``(9) carry out administrative duties under this section, 
     including providing monitoring and technical assistance to 
     local educational agencies and schools.
       ``(e) Rules of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to alter or otherwise affect the rights, remedies, 
     and procedures afforded school or local educational agency 
     employees under Federal, State, or local laws (including 
     applicable regulations or court orders) or under the terms of 
     collective bargaining agreements, memoranda of understanding, 
     or other agreements between such employees and their 
     employers;
       ``(2) to require a child to participate in an early 
     learning program; or
       ``(3) to deny entry to kindergarten for any individual if 
     the individual is legally eligible, as defined by State or 
     local law.
       ``(f) Definition.--In this section, the term `external 
     partner' means an entity--
       ``(1) that is an organization such as a nonprofit 
     organization, community-based organization, local education 
     fund, service organization, educational service agency, or 
     institution of higher education; and
       ``(2) that has demonstrated expertise, effectiveness, and a 
     record of success in providing evidence-based strategies and 
     targeted support such as data analysis, professional 
     development, or provision of nonacademic support and 
     integrated student services to local educational agencies, 
     schools, or students that leads to improved teaching, 
     learning, and outcomes for students.''.

     SEC. 106. PARENTAL INVOLVEMENT.

       (a) Parental Involvement.--Section 1118 (20 U.S.C. 6318) is 
     amended--
       (1) by redesignating subsections (a) through (h) as 
     subsections (b) through (i), respectively; and
       (2) by inserting before subsection (b), as redesignated by 
     paragraph (1), the following:
       ``(a) In General.--Each local educational agency and each 
     school receiving funds under this part shall develop policies 
     and practices for family engagement in education that meet 
     the following principles and standards for family-school 
     partnerships:
       ``(1) Welcome all families to be active participants in the 
     life of the school, so that they feel valued and connected to 
     each other, school staff, and student learning.
       ``(2) Communicate effectively by ensuring regular two-way, 
     meaningful communication between family members and local 
     educational agency and school staff in a manner, language, 
     and with technology that family members can understand and 
     access.
       ``(3) Support student success by fostering continuous 
     collaboration between family members and local educational 
     agency and school staff to support student learning and 
     healthy student development at school and at home.
       ``(4) Speak up for every child and empower family members 
     to be advocates for all students within the school.
       ``(5) Ensure that family members, local educational 
     agencies, and school staff are equal partners in family 
     engagement in education decisionmaking.
       ``(6) Collaborate with community organizations and groups 
     to turn the school into a hub of community life.
       ``(7) Create a continuum of family engagement in education 
     in student learning and development from birth to young 
     adulthood.
       ``(8) Train and support superintendents, principals, 
     teachers, and specialized instructional support personnel to 
     fully engage families in the education of their children.''.
       (b) Written Policy.--Section 1118(b)(2), as redesignated by 
     subsection (a), is amended--
       (1) in subparagraph (C), by striking ``subsection (e)'' and 
     inserting ``subsection (f)'';
       (2) in subparagraph (E), by striking ``and'' after the 
     semicolon;

[[Page 11888]]

       (3) in subparagraph (F), by striking the period at the end 
     and inserting a semicolon; and
       (4) by adding at the end the following:
       ``(G) participate in evaluations of the effectiveness of 
     family engagement in education strategies and policies; and
       ``(H) participate in developing recommendations for 
     creating a positive school climate and safe and healthy 
     schools.''.
       (c) Reservation.--Section 1118(b)(3)(A), as redesignated by 
     subsection (a), is amended to read as follows:
       ``(A) In general.--Each local educational agency shall 
     reserve not less than 2 percent of its allocation under 
     subpart 2 to carry out this section, except that this 
     subparagraph shall not apply if 2 percent is such agency's 
     allocation under subpart 2 for the fiscal year for which the 
     determination is made is $10,000 or less.''.
       (d) Distribution.--Section 1118(b)(3)(C), as redesignated 
     by subsection (a), is amended to read as follows:
       ``(C) Distribution.--Not more than 20 percent of the funds 
     reserved under subparagraph (A) shall be available for local 
     educational agency programming and technical assistance to 
     schools served under this part.''.
       (e) Reserved Funds.--Section 1118(b)(3), as redesignated by 
     subsection (a), is amended--
       (1) by redesignating subparagraphs (B) and (c) as 
     subparagraphs (C) and (D), respectively; and
       (2) by inserting after subparagraph (A) the following:
       ``(B) Use of funds.--Funds reserved under subparagraph (A) 
     may be used for the following:
       ``(i) Increasing capacity through establishment of a 
     dedicated office or dedicated office or dedicated personnel 
     within the local educational agency or at the school level 
     for family engagement in education.
       ``(ii) Supporting schools and nonprofit organizations in 
     providing professional development on family engagement in 
     education for school staff, parent leadership training, 
     family literacy and numeracy programs, home visitation 
     programs, family volunteerism programs, and other innovative 
     programs that meaningfully engage families.
       ``(iii) Providing technical assistance and training to 
     schools on the implementation and assessment of family 
     engagement in education policies and practices.
       ``(iv) Providing additional support to schools that have 
     been identified for improvement under section 1116(b) to 
     assist in the implementation of family engagement in 
     education coordinators.
       ``(v) Partnering with the Statewide Family Engagement 
     Center and local community-based organizations to identify 
     community resources, services, and supports to remove 
     economic obstacles to family engagement in education by 
     meeting families' needs.
       ``(vi) Supporting schools and eligible entities in the 
     development and implementation of research-based practices 
     and programs that emphasize the importance of family 
     engagement in academic success and positive development by 
     addressing factors such as--

       ``(I) successful transitions from early learning to 
     kindergarten through grade 12 settings;
       ``(II) improved understanding of and shared responsibility 
     for student success;
       ``(III) improved understanding and use of student and 
     school data;
       ``(IV) open, effective communication between schools and 
     families;
       ``(V) early warning indicators that a student is at risk of 
     not graduating on time;
       ``(VI) improved understanding of State and local 
     accountability systems, academic standards and student 
     assessments;
       ``(VII) parent and community advocacy to increase parent 
     participation;
       ``(VIII) improved understanding of the parents' role in 
     academic, social, and financial preparation for postsecondary 
     education, including career and technical education.

       ``(vii) Assisting schools in the development, 
     implementation, and assessment of family engagement in 
     education plans.
       ``(viii) Monitoring and evaluating the family engagement in 
     education in education policies and practices funded under 
     this section.
       ``(ix) Supporting other activities approved in the local 
     educational agency's plan for improving family engagement in 
     education.''.
       (f) School Parental Involvement Policy.--Section 
     1118(c)(1), as redesignated by subsection (a), is amended in 
     the first sentence by striking ``subsections (c) through 
     (f)'' and inserting ``subsections (d) through (g)''.
       (g) Shared Responsibility for High Student Achievement.--
     Section 1118(e), as redesignated by subsection (a), is 
     amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``subsection (b)'' and inserting ``subsection (c)''; and
       (2) by striking paragraph (1) and inserting the following:
       ``(1) describe the school's responsibility to--
       ``(A) provide high-quality curriculum and instruction in a 
     supportive and effective learning environment that enables 
     the children served under this part to meet the State's 
     student academic achievement standards, and the ways in which 
     parents and families will support their children's learning, 
     such as--
       ``(i) monitoring attendance and homework completion;
       ``(ii) volunteering in their child's classroom or school; 
     and
       ``(iii) participating, as appropriate, in decisions 
     relating to the education of their children and positive use 
     of extracurricular time; and
       ``(B) engage families in the development of recommendations 
     for student attendance, expectations, behavior, and school 
     safety, including the development of reasonable disciplinary 
     policies and interventions, such as the implementation of 
     school-wide positive behavior interventions and supports and 
     the phase-out of out-of-school suspension and expulsion and 
     to address bullying and harassment; and''.

     SEC. 107. COMPARABLE ALLOCATION OF EXPENDITURES.

       (a) Amendment.--Section 1120A(c) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6321(c)) is 
     amended to read as follows:
       ``(c) Comparable Allocation of Expenditures.--
       ``(1) In general.--
       ``(A) Comparable funding.--Not later than 5 full school 
     years after the date of enactment the Student Success Act, 
     except as provided in paragraphs (5), (6), and (7), a local 
     educational agency may receive funds under this part for a 
     fiscal year only if, for the preceding fiscal year, the 
     combined expenditure per pupil of State and local funds, 
     including personnel and nonpersonnel costs, in each school 
     served under this part was at least comparable to the average 
     combined expenditure per pupil of State and local funds, 
     including personnel and nonpersonnel costs, across all 
     schools served by the local educational agency that are not 
     receiving funds under this part.
       ``(B) Comparable funding among title i schools.--In any 
     case where all of the schools served by a local educational 
     agency receive support under this part, such agency may 
     receive funds under this part only if, for the preceding 
     fiscal year, the combined expenditure per pupil of State and 
     local funds in each higher poverty school is at least 
     comparable to the average combined expenditure per pupil of 
     State and local funds across all lower poverty schools.
       ``(2) Equivalence.--A local educational agency shall be 
     considered to have met the requirements of paragraph (1), and 
     to be eligible to receive funds under this part, if--
       ``(A) such agency has filed annually with the State 
     educational agency a school-by-school listing of per-pupil 
     expenditures of State and local funds, as described in 
     paragraph (1), for each school served by the agency for the 
     preceding fiscal year; and
       ``(B) the listing described in subparagraph (A) 
     demonstrates comparable allocation of per-pupil expenditures 
     across schools as required by subparagraph (A) or (B) of 
     paragraph (1).
       ``(3) Basis.--A local educational agency may meet the 
     requirements of paragraphs (1) or (2) across all schools or 
     among schools serving a particular grade span, if the local 
     educational agency compares schools within not more than 
     three grade spans.
       ``(4) Requirements.--
       ``(A) Requirements of the secretary.--The Secretary shall 
     issue regulations concerning the responsibilities of State 
     educational agencies and local educational agencies for 
     meeting the requirements of this subsection.
       ``(B) Requirements of states.--Each State educational 
     agency receiving funds under this part shall--
       ``(i) create and distribute to local educational agencies, 
     and make available to the public, regulations on the 
     responsibilities of local educational agencies for meeting 
     the requirements of this subsection; and
       ``(ii) submit a plan to the Secretary, required under 
     section 1111(d)(1)(B).
       ``(C) Requirements of local educational agencies.--Not 
     later than 18 months after the date of enactment of the 
     Student Success Act, each local educational agency receiving 
     funds under this part shall develop and submit to the State 
     educational agency a plan, which shall be made available to 
     the public, that will ensure comparable allocation of 
     resources as described in paragraph (1) not later than 5 full 
     school years after the date of enactment of the Student 
     Success Act, including information on--
       ``(i) a timeline and annual benchmarks for making progress 
     toward achieving comparable allocation of resources; and
       ``(ii) how the local educational agency is aligning school 
     improvement efforts described under section 1116(b) and (c), 
     efforts to improve educator supports and working conditions 
     described in section 2112(b)(3), and efforts to improve the 
     equitable distribution of teachers and principals described 
     in section 2112(b)(5), with efforts to improve the comparable 
     allocation of resources as described in this subsection;
       ``(5) Inapplicability.--This subsection shall not apply to 
     a local educational agency that does not have more than one 
     building for each grade span.
       ``(6) Compliance.--For the purpose of determining 
     compliance with paragraph (1), a local educational agency--

[[Page 11889]]

       ``(A) shall exclude State and local funds expended for the 
     excess costs of providing English language instruction for 
     Limited English Proficient students as determined by the 
     local educational agency;
       ``(B) shall exclude State and local funds expended for the 
     excess costs of providing services to children with 
     disabilities as determined by the local educational agency;
       ``(C) may exclude capital expenditures; and
       ``(D) may exclude supplemental State or local funds 
     expended in any school attendance area or school for programs 
     that meet the intent and purpose of this part.
       ``(7) Exclusions.--A local educational agency need not 
     include unpredictable or significant changes in student 
     enrollment or personnel assignments that occur after the 
     beginning of a school year in determining the comparable 
     allocation of expenditures under this subsection.
       ``(8) Transitional compliance.--Beginning on the date of 
     enactment of Student Success Act, for no more than 5 full 
     school years a local educational agency shall be deemed to be 
     in compliance with paragraph (1) and paragraph (4)(C)(i) for 
     any school year, if the teachers hired to fill vacancies for 
     individual schools served under this part, and for the 
     schools not served under this part, improve the comparable 
     allocation of combined State and local per pupil expenditures 
     compared to the preceding school year.
       ``(9) Waiver.--A local educational agency may apply to the 
     Secretary to waive the requirement of paragraph (1), for not 
     more than 1 year at a time, if the Secretary determines that 
     the failure to comply with such requirement is due to 
     exceptional or uncontrollable circumstances, such as a 
     natural disaster or a precipitous and unforeseen decline in 
     the agency's financial resources.
       ``(10) Rule of construction.--Nothing in this section shall 
     be construed to alter or otherwise affect the rights, 
     remedies, and procedures afforded school or local educational 
     agency employees under Federal, State, or local laws 
     (including applicable regulations or court orders) or under 
     the terms of collective bargaining agreements, memoranda of 
     understanding, or other agreements between such employees and 
     their employers.
       ``(11) No forced transfers.--Nothing in this subsection 
     shall be construed to require a local educational agency to 
     transfer school personnel in order to comply with the 
     requirements of this subsection.''.

     SEC. 108. COORDINATION REQUIREMENTS.

       Section 1120B of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6321(c)) is amended to read as follows:

     ``SEC. 1120B. COORDINATION REQUIREMENTS.

       ``(a) In General.--Each local educational agency receiving 
     assistance under this part shall--
       ``(1) coordinate, as feasible, with early childhood 
     programs to carry out the activities described in subsection 
     (b); and
       ``(2) develop agreements with Head Start agencies to carry 
     out the activities described in subsection (b).
       ``(b) Activities.--The activities referred to in subsection 
     (a) are activities that increase coordination between the 
     local educational agency and a Head Start agency and, if 
     feasible, other entities carrying out early childhood 
     development programs serving children who will attend the 
     schools of the local educational agency, including--
       ``(1) developing and implementing a systematic procedure 
     for receiving records regarding such children, transferred 
     with parental consent from a Head Start program or, where 
     applicable, another early childhood development program;
       ``(2) establishing channels of communication between school 
     staff and in such Head Start agencies or other entities 
     carrying out early their counterparts (including teachers, 
     social workers, and health staff) childhood development 
     programs, as appropriate, to facilitate coordination of 
     programs;
       ``(3) conducting meetings involving parents, kindergarten 
     or elementary school teachers, and Head Start teachers or, if 
     appropriate, teachers from other early childhood development 
     programs, to discuss the developmental and other needs of 
     individual children;
       ``(4) organizing and participating in joint transition-
     related training of school staff, Head Start program staff, 
     and, where appropriate, other early childhood development 
     program staff; and
       ``(5) linking the educational services provided by such 
     local educational agency with the services provided by local 
     Head Start agencies.
       ``(c) Coordination of Regulations.--The Secretary shall 
     work with the Secretary of Health and Human Services to 
     coordinate regulations promulgated under this part with 
     regulations promulgated under the Head Start Act.''.

     SEC. 109. RESERVATION OF FUNDS FOR THE OUTLYING AREAS AND 
                   BUREAU OF INDIAN EDUCATION SCHOOLS.

       Section 1121(a) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6331(a)) is amended to read as 
     follows:
       ``(a) Reservation of Funds.--
       ``(1) In general.--From the amount appropriated for 
     payments to States for any fiscal year under section 1002(a) 
     and 1125A(f), the Secretary shall reserve--
       ``(A) for each fiscal year until the fiscal year described 
     in paragraph (2), a total of 1 percent to provide assistance 
     to--
       ``(i) the outlying areas in the amount determined in 
     accordance with subsection (b); and
       ``(ii) the Secretary of the Interior in the amount 
     necessary to make payments pursuant to subsection (d); and
       ``(B) for the fiscal year described in paragraph (2) and 
     each succeeding fiscal year--
       ``(i) 0.50 percent to provide assistance to the outlying 
     areas in the amount determined in accordance with subsection 
     (b); and
       ``(ii) 0.75 percent to provide assistance to the Secretary 
     of the Interior in the amount necessary to make payments 
     pursuant to subsection (d).
       ``(2) Description of fiscal year.--A fiscal year described 
     in this paragraph is a fiscal year for which the total amount 
     allocated under this part for each State, after reserving 
     funds in accordance with paragraph (1)(B), would be an amount 
     that is not less than the total amount allocated under this 
     part for such State for fiscal year 2014.''.

     SEC. 110. SUPPORT FOR HIGH-QUALITY ASSESSMENTS.

       (a) Amendment.--Part A of title I (20 U.S.C. 6311 et seq.) 
     is amended by adding at the end the following new subpart:

           ``Subpart 3--Support for High-Quality Assessments

     ``SEC. 1131. SUPPORTING COLLEGE AND CAREER READY ASSESSMENTS.

       ``From funds made available to carry out this subpart, the 
     Secretary shall make grants to States to enable a State--
       ``(1) to pay the costs of the development of college and 
     career ready assessments and standards required by section 
     1111(b), including--
       ``(A) the costs of working in voluntary partnerships with 
     other States, where applicable;
       ``(B) developing high-quality science assessments in 
     accordance with section 1111(b)(3);
       ``(C) if a State uses alternate assessments aligned with 
     alternate achievement standards for students with the most 
     significant cognitive disabilities, improving the quality and 
     rigor of such assessments to meet the requirements of section 
     1111(b)(3)(E);
       ``(D) in accordance with section 1111(b)(3)(D), developing 
     native language assessments; and
       ``(E) improving assessments of English language proficiency 
     necessary to comply with section 1111(b)(3)(F); and
       ``(2) if a State has developed the assessments and 
     standards required by section 1111(b), to administer those 
     assessments or to carry out other activities described in 
     this subpart and other activities related to ensuring that 
     the State's schools and local educational agencies are held 
     accountable for results, such as--
       ``(A) developing college and career ready academic content 
     and student achievement standards and aligned assessments 
     that meet the requirements of section 1111(b)(3) in academic 
     subjects for which standards and assessments are not required 
     by section 1111(b);
       ``(B) ensuring the continued validity and reliability of 
     State assessments, including through evaluating and 
     addressing the predictability of assessment components;
       ``(C) refining State assessments to ensure their continued 
     alignment with the State's college and career ready content 
     standards and to improve the alignment of curricula and 
     instructional materials;
       ``(D) developing and implementing formative assessments 
     aligned to the college and career ready standards to support 
     teaching and learning;
       ``(E) strengthening the capacity of local educational 
     agencies and schools to provide all students the opportunity 
     to increase educational achievement, including carrying out 
     professional development activities to support assessment 
     literacy and help teachers and school leaders effectively use 
     data to improve instruction;
       ``(F) supporting the accessibility of State assessment 
     systems for all students, including students with 
     disabilities and English learners, by incorporating 
     principles of universal design for learning, as described in 
     section 5429(b)(21);
       ``(G) expanding the range of accommodations available to 
     English learners and students with disabilities, including 
     professional development activities to increase effective use 
     of accommodations; and
       ``(H) improving the dissemination of information on student 
     achievement and school performance to parents and the 
     community.

     ``SEC. 1132. GRANTS FOR HIGH-QUALITY ASSESSMENTS.

       ``(a) Grant Program Authorized.--From funds made available 
     to carry out this subpart, the Secretary shall award, on a 
     competitive basis, grants to State educational agencies that 
     have submitted an application at such time, in such manner, 
     and containing such information as the Secretary may require, 
     which demonstrate to the satisfaction of the Secretary, that 
     the requirements of this section will be met, for the 
     following:
       ``(1) To enable States or consortia of States to 
     collaborate with institutions of higher education, other 
     research institutions, or other organizations to improve the 
     quality,

[[Page 11890]]

     accessibility, validity, and reliability of college and 
     career ready assessments described in section 1111(b)(3).
       ``(2) To measure student academic achievement including the 
     ability to think critically, solve problems, and communicate 
     effectively, for, at a minimum, the grade in which the 
     student is enrolled using multiple measures of student 
     academic achievement from multiple sources.
       ``(3) To measure student growth over time.
       ``(4) To evaluate student academic achievement through the 
     development of comprehensive academic assessment instruments, 
     such as performance and technology-based academic 
     assessments.
       ``(b) Application.--Each State educational agency wishing 
     to apply for funds under this section shall include in its 
     State plan under this part such information as the Secretary 
     may require.
       ``(c) Annual Report.--Each State educational agency 
     receiving a grant under this section shall submit an annual 
     report to the Secretary describing its activities, and the 
     result of those activities, under the grant.

     ``SEC. 1133. COMPETENCY-BASED ASSESSMENT AND ACCOUNTABILITY 
                   DEMONSTRATION AUTHORITY.

       ``(a) Definitions.--In this part:
       ``(1) College and career ready standards.--The term 
     `college and career ready standards' means the academic 
     content and student academic achievement standards adopted by 
     a State under section 1111(b).
       ``(2) Competency.--The term `competency' means a target for 
     student learning representing key content-specific concepts 
     and higher order skills, such as critical thinking, problem 
     solving, and self directed learning that is--
       ``(A) applied within or across content domains; and
       ``(B) aligned with college and career ready content 
     standards as described in section 1111(b).
       ``(3) Core indicators.--The term `core indicators' means--
       ``(A) State academic assessments that meet the requirements 
     of section 1111(b)(3) and that provide data that can be 
     compared with data regarding the State academic assessments 
     required under section 1111(b)(3); and
       ``(B) graduation rates.
       ``(4) Eligible entity.--The term `eligible entity' means a 
     State educational agency or consortium of State educational 
     agencies.
       ``(5) Mastery.--The term `mastery' means a level of 
     knowledge or skill development demonstrated by a student 
     signifying that the student has met a standard and is 
     prepared to progress to a subsequent standard.
       ``(6) Performance assessment.--The term `performance 
     assessment' means a multi-step assessment that--
       ``(A) includes complex activities with clear criteria, 
     expectations, and processes that enable students to interact 
     with meaningful content; and
       ``(B) measures the depth at which students learn content 
     and apply complex skills to create or refine an original 
     product or solution.
       ``(b) Demonstration Authority.--
       ``(1) In general.--The Secretary may provide eligible 
     entities, in accordance with paragraph (3), with the 
     authority to incorporate competency-based accountability into 
     the State accountability system required under section 
     1111(c) in accordance with an application approved under 
     subsection (c).
       ``(2) Demonstration period.--Each award of demonstration 
     authority under this part shall be for a period of 3 years.
       ``(3) Initial demonstration authority; expansion; 
     renewal.--
       ``(A) Initial limit.--During the initial 3- year period of 
     demonstration authority under this section, the Secretary may 
     not provide more than 3 eligible entities with the authority 
     described in paragraph (1).
       ``(B) Expansion of demonstration authority.--After the end 
     of the initial demonstration period described in subparagraph 
     (A), the Secretary may provide additional eligible entities 
     with demonstration authority described in paragraph (1), 
     subject to each of the requirements of this part as 
     applicable, if the Secretary determines that the 
     demonstration authority provided under this part during the 
     initial demonstration period has effectively supported 
     student progress on core indicators among students served by 
     the eligible entities, including subgroups of students 
     described in section 1111(c)(3)(A).
       ``(C) Renewal requirements.--The Secretary may renew an 
     award of demonstration authority under this part for 
     additional 2-year periods if the eligible entity demonstrates 
     progress on core indicators.
       ``(c) Applications.--To be eligible to participate in the 
     demonstration under this part, an eligible entity shall 
     submit an application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     require, that describes the competency-based accountability 
     system that will be used by the eligible entity, including--
       ``(1) an assurance that the competency-based accountability 
     system will only utilize summative assessments for 
     accountability purposes that--
       ``(A) are determined by the Secretary to provide comparable 
     data across the eligible entity, demonstrate inter-rater 
     reliability, and meet the requirements for assessments 
     described in section 1111(b)(3);
       ``(B) have been field-tested;
       ``(C) are aligned to college and career ready standards and 
     State-approved competencies;
       ``(D) have been developed in collaboration with 
     stakeholders representing the interests of students with 
     disabilities, English learners, and civil rights 
     organizations in the State, as demonstrated through 
     modifications made to the assessments resulting from such 
     collaboration; and
       ``(E) incorporate the principles of universal design as 
     defined in section 3(a) of the Assistive Technology Act of 
     1998 (29 U.S.C. 3002(a));
       ``(2) how the competency-based accountability system will--
       ``(A) incorporate a system of formative, interim, and 
     summative assessments, including the use of performance 
     assessments and other sources of evidence of student learning 
     that determine mastery of State-approved competencies aligned 
     to college and career ready standards and competencies;
       ``(B) allow students to demonstrate progress toward mastery 
     of such standards and State-approved competencies;
       ``(C) assess mastery of State-approved competencies when 
     students are ready to demonstrate mastery of such standards 
     and competencies;
       ``(D) provide students with multiple opportunities to 
     demonstrate mastery of such standards and competencies;
       ``(E) ensure that summative assessments comply with the 
     requirements for academic assessments, as described in 
     section 1111(b)(3), while engaging and supporting teachers in 
     scoring assessments, including the use of high quality 
     professional development, standardized and calibrated scoring 
     rubrics, and other strategies to ensure inter-rater 
     reliability and comparability of determinations of mastery 
     across the State;
       ``(F) provide educators, students, and parents with real-
     time data to inform instructional practice and continuously 
     improve student performance;
       ``(G) be used in conjunction with the accountability 
     requirements described in section 1111(c) and section 1116 to 
     improve the academic outcomes of persistently low-achieving 
     schools and schools in need of improvement identified under 
     section 1116, and all other schools that fail to meet the 
     school performance targets, established in accordance with 
     section 1111(c)(2), for any subgroup described in section 
     1111(c)(3)(A);
       ``(H) require not less than 1 year of academic growth 
     within a school year for each student and assure 
     instructional support and targeted intervention are in place 
     for those students performing below their peers; and
       ``(I) only utilize a student's individualized education 
     program, as defined in section 602 of the Individuals with 
     Disabilities Education Act, for purposes specifically allowed 
     under such Act;
       ``(3) the eligible entity's plan to--
       ``(A) ensure that all students, including each student 
     subgroup described in section 1111(c)(3)(A)--
       ``(i) are held to the same high standard;
       ``(ii) demonstrate annually, at a minimum, at least 1 year 
     of academic growth consistent with the requirement in 
     section1111(b)(4)(E); and
       ``(iii) receive the instructional support needed to attain 
     mastery of college and career ready standards and State-
     approved competencies;
       ``(B) train local educational agency and school staff to 
     implement the assessments described in paragraph (2)(A);
       ``(C) acclimate students to the new assessment and 
     accountability systems; and
       ``(D) ensure that each local educational agency has the 
     technological infrastructure to operate the competency-based 
     accountability system described in this section; and
       ``(4) a description of how instruction and professional 
     development will be enhanced within the competency-based 
     system to personalize the educational experience for each 
     student to ensure all students graduate college and career 
     ready, as determined in accordance with State academic 
     achievement standards under section 1111(b).
       ``(d) Peer Review.--The Secretary shall--
       ``(1) implement a peer review process, which shall include 
     a review team comprised of practitioners and experts who are 
     knowledgeable about competency-based learning systems, to 
     inform the awarding of the demonstration authority under this 
     part; and
       ``(2) make publicly available the applications submitted 
     under subsection (c) and the peer comments and 
     recommendations on such applications.
       ``(e) Demonstration Authority Withdrawn.--The Secretary may 
     withdraw the demonstration authority provided to an eligible 
     entity under this part if--
       ``(1) at any point after the first 2 years of the 3-year 
     demonstration period described in subsection (b)(2), the 
     Secretary determines that student performance for all 
     students served by the eligible entity or any student 
     subgroup described under section 1111(c)(3)(A) has declined 
     on core indicators; or
       ``(2) after providing a State with a renewal of 
     demonstration authority under subsection (b)(3), the 
     Secretary makes a determination

[[Page 11891]]

     that student performance has declined on core indicators for 
     all students or any student subgroup described under section 
     1111(c)(3)(A) for 2 consecutive years during the State's 
     participation in the demonstration under this part.
       ``(f) Dissemination of Best Practices.--The Secretary shall 
     disseminate best practices on the implementation of 
     competency-based accountability systems, including on--
       ``(1) the effective use of formative, interim, and 
     summative assessments to inform instruction;
       ``(2) the development of summative assessments that meet 
     the requirements of section 1111(b)(3), can be compared with 
     the State assessments required under section 1111(b)(3), and 
     include assessment tasks that determine mastery of State-
     approved competencies aligned to college and career ready 
     standards; and
       ``(3) the development of standardized and calibrated 
     scoring rubrics, and other strategies to ensure inter-rater 
     reliability and comparability of determinations of mastery 
     across the State.

     ``SEC. 1134. FUNDING.

       ``(a) Authorization of Appropriations.--For the purpose of 
     carrying out this subpart, there are authorized to be 
     appropriated $500,000,000 for fiscal year 2014, and such sums 
     as may be necessary for each of the 5 succeeding fiscal 
     years.
       ``(b) Allotment of Appropriated Funds.--
       ``(1) In general.--From amounts made available for each 
     fiscal year under subsection (a), the Secretary shall--
       ``(A) reserve one-half of 1 percent for the Bureau of 
     Indian Affairs;
       ``(B) reserve one-half of 1 percent for the outlying areas; 
     and
       ``(C) from the remainder, allocate to each State an amount 
     equal to--
       ``(i) $3,000,000; and
       ``(ii) 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 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) Remainder.--Any amounts remaining for a fiscal year 
     after the Secretary carries out paragraph (1) shall be made 
     available as follows:
       ``(A)(i) To award funds under sections 1132 and 1133 to 
     States according to the quality, needs, and scope of the 
     State application under that section.
       ``(ii) In determining the grant amount under clause (i), 
     the Secretary shall ensure that a State's grant shall include 
     an amount that bears the same relationship to the total funds 
     available under this paragraph for the fiscal year as the 
     number of students ages 5 through 17 in the State (as 
     determined by the Secretary on the basis of the most recent 
     satisfactory data) bears to the total number of such students 
     in all States.
       ``(B) Any amounts remaining after the Secretary awards 
     funds under subparagraph (A) shall be allocated to each State 
     that did not receive a grant under such subparagraph, in an 
     amount that bears the same relationship to the total funds 
     available under this subparagraph as the number of students 
     ages 5 through 17 in the State (as determined by the 
     Secretary on the basis of the most recent satisfactory data) 
     bears to the total number of such students in all States.

     ``SEC. 1135. STATE DEFINED.

       ``In this section, the term `State' means each of the 50 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico.''.
       (b) Conforming Amendment.--Subpart 1 of part A of title VI 
     (20 U.S.C. 7301 et seq.) is repealed.

                     TITLE II--TEACHERS AND LEADERS

     SEC. 201. GREAT TEACHERS AND LEADERS.

       Title II (20 U.S.C. 6601 et seq.) is amended to read as 
     follows:

                 ``TITLE II--GREAT TEACHERS AND LEADERS

     ``SEC. 2001. PURPOSE.

       ``The purpose of this title is to help States and local 
     educational agencies support teachers and school leaders to 
     improve student achievement for all students, including 
     English learners and students with disabilities, by--
       ``(1) promoting and enhancing the teaching profession;
       ``(2) supporting the development of effective of teachers 
     and school leaders;
       ``(3) recruiting, rewarding, and retaining effective 
     teachers and other school leaders and fostering excellent 
     instructional teams, especially in high-need local 
     educational agencies, schools, fields, and subjects;
       ``(4) providing teachers with the knowledge, skills, data, 
     support, and collaborative opportunities needed to be 
     effective in the classroom and to the meet the diverse 
     learning needs of their students;
       ``(5) providing all students with access to effective 
     teachers and school leaders; and
       ``(6) improving the management of the education workforce 
     in States and local educational agencies.

     ``SEC. 2002. DEFINITIONS.

       ``In this title:
       ``(1) Career ladders.--The term `career ladders' means 
     promotion and professional growth opportunities, beyond 
     moving into administration, for teachers who have been rated 
     as at least effective by a teacher evaluation system that 
     meets the requirements of section 2112(b)(1), including 
     teacher leaders, instructional or curriculum specialists, and 
     teacher mentors, who help improve teaching and learning in a 
     school or local educational agency.
       ``(2) High-need field.--The term `high-need field' refers 
     to the fields of special education, bilingual education, and 
     English language acquisition.
       ``(3) High-need subject.--The term `high-need subject' 
     means mathematics, science, and any other content area--
       ``(A) that is designated by a State educational agency or 
     the Secretary as a teacher shortage area; or
       ``(B) with respect to which a local educational agency 
     determines, based on the needs assessment required under 
     section 2122(a)(2), that, in the schools or a subset of 
     schools of the agency, there is a shortage of teachers who 
     have been rated by a State-approved teacher and principal 
     evaluation that meets the requirements of section 2112(b)(1) 
     as at least effective.
       ``(4) High-need local educational agency.--The term `high-
     need local educational agency' means a local educational 
     agency--
       ``(A)(i) that serves not fewer than 10,000 children from 
     families with incomes below the poverty line; or
       ``(ii) for which not less than 20 percent of the children 
     served by the agency are from families with incomes below the 
     poverty line; and
       ``(B)(i) for which there is a high percentage of teachers 
     not teaching in the academic subjects or grade levels that 
     the teachers were trained to teach; or
       ``(ii) for which there is a high percentage of teachers 
     with emergency, provisional, or temporary certification or 
     licensing.
       ``(5) Qualified teacher.--The term `qualified teacher' 
     means a teacher who meets the minimum qualifications to teach 
     in a State and--
       ``(A) when used with respect to a middle school or high 
     school teacher who is entering the profession in a State for 
     the first time, means that the teacher--
       ``(i) holds at least a bachelor's degree;
       ``(ii) has demonstrated to the State, content knowledge in 
     the content area that the teacher will teach as determined--

       ``(I) by passing a rigorous State assessment; or
       ``(II) by successful completion of an academic major, a 
     graduate degree, or coursework equivalent to an undergraduate 
     academic major in the content area that the teacher will 
     teach;

       ``(iii) if required by the State to demonstrate teaching 
     skills by passing a State teacher performance assessment, has 
     passed such assessment;
       ``(iv) has successfully completed a traditional or 
     alternative teacher preparation program; and
       ``(v) at the State's discretion, may be enrolled in an 
     alternative teacher preparation program, and--

       ``(I) be on track to successful completion of such program; 
     and
       ``(II) be supervised by a mentor teacher who has been 
     consistently rated in the highest rating categories by a 
     teacher evaluation system that meets the requirements of 
     section 2112(b)(1);

       ``(B) when used with respect to an elementary school 
     teacher who is entering the profession in a State for the 
     first time, means that the teacher--
       ``(i) holds at least a bachelor's degree;
       ``(ii) has demonstrated to the State, content knowledge and 
     teaching skills in reading, writing, mathematics, science, 
     and other areas of the elementary school curriculum--

       ``(I) by passing a rigorous passing a rigorous State 
     assessment or State-required test in reading, writing, 
     mathematics, science, and other areas of the basic elementary 
     school curriculum; or
       ``(II) by successful completion of an academic major, a 
     graduate degree, or coursework equivalent to an undergraduate 
     academic major in the content areas that the teacher will 
     teach;

       ``(iii) if required by the State to demonstrate teaching 
     skills by passing a State teacher performance assessment, has 
     passed such assessment;
       ``(iv) has successfully completed a traditional or 
     alternative teacher preparation program;
       ``(v) at the State's discretion, may be enrolled in an 
     alternative teacher preparation program; and

       ``(I) be on track to successful completion of such program; 
     and
       ``(II) be supervised by a mentor teacher who has been 
     consistently rated in the highest rating categories by a 
     teacher evaluation system that meets the requirements of 
     section 2112(b)(1); and

       ``(C) means any teacher who is highly qualified as defined 
     in section 9101(23) or section 602(10) of the Individuals 
     with Disabilities Education Act, as such section was in 
     effect on the day before the date of enactment of the Student 
     Success Act.
       ``(6) Induction.--The term `induction' means a program for 
     new teachers and new

[[Page 11892]]

     principals, as appropriate, during at least their first 2 
     years of practice, that is designed to increase effectiveness 
     and retention of new teachers and new principals, and that 
     includes--
       ``(A) high-quality mentoring;
       ``(B) development of skills and knowledge in areas needed 
     for new teachers, including, content knowledge and pedagogy, 
     instructional strategies for teaching students with diverse 
     learning needs, classroom management (including strategies 
     that improve the school-wide climate for learning, which may 
     include positive behavioral interventions and supports), 
     formative assessment of student learning, and the analysis 
     and use of student assessment data to improve instruction;
       ``(C) frequent, structured time for collaboration and 
     professional development with teachers and principals in the 
     same field, grade, or subject area, and opportunities to draw 
     directly on the expertise of other school and local 
     educational agency staff, staff of high-performing pathways, 
     and other organizations that provide high-quality induction 
     supports;
       ``(D) regular and structured observation and feedback by 
     mentors, school leaders, or teachers who have been 
     consistently rated in the highest rating categories by a 
     teacher evaluation system that meets the requirements of 
     section 2112(b)(1); and
       ``(E) where feasible, team teaching, reduced teaching load 
     and activities designed to ensure that teachers have 
     appropriate teaching tools and instructional materials for 
     their classroom.
       ``(7) Mentoring.--The term `mentoring' means the mentoring 
     of new teachers and principals, as appropriate, so as to 
     increase the effectiveness and retention of those teachers 
     and principals through a program tat--
       ``(A) includes clear criteria for the selection of teacher 
     and principal mentors that take into account a candidate's 
     effectiveness as a teacher or principals and that individuals 
     ability to facilitate adult learning;
       ``(B) provides high-quality training for the mentors on how 
     to support new teachers and principals effectively;
       ``(C) provides regularly scheduled time for collaboration 
     and for examination of student work and achievement data, and 
     on-going opportunities for mentors and mentees to observe 
     each other's practice; and
       ``(D) matches, when possible, each mentee with a mentor who 
     is in the same field, grade, or subject area as the mentee.
       ``(8) Professional development.--The term `professional 
     development' means coordinated and aligned activities with 
     evidence of increasing effectiveness of educators, which may 
     include teachers, principals, other school leaders, 
     specialized instructional support personnel, 
     paraprofessionals, early childhood educators, and other 
     school staff that--
       ``(A) fosters collective responsibility for improved 
     student performance;
       ``(B) is comprised of professional learning that--
       ``(i) aligns with State academic content and achievement 
     standards and early learning standards, as appropriate, with 
     local educational agency and school improvement goals and 
     plans, including those identified under section 1116, and 
     with school instructional materials;
       ``(ii) is aligned to a State-approved teacher and principal 
     evaluation system the meets the requirements of section 
     2112(b)(1) ;
       ``(iii) is conducted among educators at the school and 
     facilitated by trained school principals and school-based 
     professional development coaches, mentors, master teachers, 
     or other teacher leaders;
       ``(iv) supports family engagement in their children's 
     education;
       ``(v) primarily occurs frequently and during significant 
     blocks of time among established teams of teachers, 
     principals, and other instructional staff members where the 
     teams of educators engage in a continuous cycle of 
     improvement that--

       ``(I) defines a clear set of educator learning goals based 
     on the rigorous analysis of data and individual evaluations 
     under section 2112(b)(1) and improves content knowledge, 
     pedagogical skills, and the ability to analyze and use data;
       ``(II) achieves the educator learning goals based 
     identified under subclause (I) by implementing coherent, 
     sustained, and evidence-based learning strategies, such as 
     lesson study and the development of formative assessments, 
     that improve instructional effectiveness and student 
     achievement;
       ``(III) provides job-embedded coaching or other forms of 
     assistance to support the transfer of new knowledge and 
     skills to the classroom;
       ``(IV) regularly assesses the effectiveness of the 
     professional development in achieving identified learning 
     goals, improving teaching, and assisting all students in 
     meeting challenging State academic achievement standards;
       ``(V) informs ongoing improvements in teaching and student 
     learning;
       ``(VI) may support joint professional development 
     activities for school staff and early childhood educators 
     that address the transition to elementary school, including 
     issues related to school readiness across all major domains 
     of early learning; and
       ``(VII) may be supported by external assistance with 
     relevant expertise, including content expertise; and

       ``(C) may be supplemented by activities such as courses, 
     workshops, institutes, networks, and conferences that--
       ``(i) address the learning goals and objectives established 
     for professional development by educators at the school 
     level;
       ``(ii) advance the ongoing school-based professional 
     development; and
       ``(iii) are provided for by for-profit and non-profit 
     entities outside the school such as universities, education 
     service agencies, technical assistance providers, networks of 
     content-area specialists, and other education organizations 
     and associations.
       ``(9) School leader.--The term `school leader' means a 
     principal, an assistant principal, or an individual who is--
       ``(A) is and employee or officer of a school; and
       ``(B) is responsible for the managerial operations and 
     instructional leadership of that school.
       ``(10) School leadership team.--The term `school leadership 
     team' means a group that includes the principal, other school 
     leaders, and teachers at a school who work together to 
     develop school plans or goals for the school.
       ``(11) State teacher performance assessment.--The term 
     `State-teacher performance assessment' means a rigorous 
     assessment used to measure teacher performance that is 
     developed and approved in collaboration with teachers, and 
     administered by the State and--
       ``(A) is based on professional teaching standards;
       ``(B) are aligned to State academic content and achievement 
     and early learning standards;
       ``(C) is used to document the effectiveness of a 
     teacher's--
       ``(i) curriculum planning;
       ``(ii) instruction of students, including appropriate 
     supports for students who are English learners and students 
     who are children with disabilities; and
       ``(iii) assessment of students, including analysis of 
     evidence of student learning;
       ``(D) is validated based on professional assessment 
     standards;
       ``(E) is regularly monitored to ensure the quality, 
     reliability, validity, fairness, consistency, and objectivity 
     of the evaluators' determinations;
       ``(F) is reliably scored by trained evaluators with 
     appropriate oversight of the process to ensure consistency; 
     and
       ``(G) the results of which are used to support continuous 
     improvement of educator practice.
       ``(12) Teaching residency program.--The term `teaching 
     residency program' means a school-based teacher preparation 
     program in which a prospective teacher--
       ``(A) teaches alongside a mentor teacher, who is the 
     teacher of record, for at least one year;
       ``(B) receives concurrent instruction in the teaching of 
     the content area in which the teacher will become certified 
     or licensed;
       ``(C) receives concurrent instruction in effective teaching 
     skills; and
       ``(D) attains full State teacher certification or 
     licensure, and becomes qualified prior to, or upon, 
     completion of the program.
       ``(13) Evidence of classroom practice.--The term `evidence 
     of classroom practice' means evidence gathered through 
     multiple formats and from multiple sources that demonstrate 
     effective teaching skills and--
       ``(A) shall include--
       ``(i) multiple classroom observations based on rigorous 
     teacher performance standards or rubrics and conducted by 
     trained personnel consistent with section 2112(b)(1);
       ``(ii) information on the teacher's successful use of data 
     to improve instruction and raise student achievement;
       ``(iii) student work, lesson plans, feedback provided to 
     students and teacher developed classroom assessments;
       ``(iv) demonstration of professional responsibility; and
       ``(B) may include, but which shall have a weight that is 
     less than the weight assigned to the requirements described 
     in subparagraph (A)--
       ``(i) videos of teacher practice;
       ``(ii) teacher portfolios; and
       ``(iii) parent, student, and peer feedback.
       ``(14) Evidence of school leadership.--The term `evidence 
     of school leadership' means evidence gathered through 
     multiple formats and from multiple sources that shall include 
     an evaluation of--
       ``(A) data on student learning gains, including evidence of 
     student learning;
       ``(B) gains in student achievement, including passage of 
     required exams for course progression, credit accumulation, 
     completion of promotion standards, and graduation rates;
       ``(C) increases in student attendance rates;
       ``(D) percentage of effective teachers on staff;
       ``(E) retention rates of effective teachers rated by a 
     teacher evaluation that meets the requirements of section 
     2112(b)(1) to those teachers rated below effective by such an 
     evaluation;
       ``(F) evidence of successful use of teacher evaluation and 
     alignment to effective professional development, including 
     support for teachers to improve effectiveness status;

[[Page 11893]]

       ``(G) demonstration of instructional leadership, including 
     use of data and assessment to inform decision-making;
       ``(H) improvement of teacher effectiveness of teachers in 
     the school;
       ``(I) demonstration of effective fiscal management, where 
     applicable;
       ``(J) evidence of effective community and parent 
     engagement;
       ``(K) improved teacher attendance rates;
       ``(L) establishment of learning communities where 
     principals and teachers--
       ``(i) share a school mission and goals with an explicit 
     vision of quality teaching and learning that guides all 
     instructional decisions;
       ``(ii) commit to improving student outcomes and 
     performances;
       ``(iii) set a continuous cycle of collective inquiry and 
     improvement;
       ``(iv) foster a culture of collaboration where teachers and 
     principals work together on a regular basis to analyze and 
     improve teaching and learning; and
       ``(v) support and share leadership; and
       ``(M) develop and maintain a positive school culture where 
     students, teachers and other staff are motivated to 
     collaborate and work together to achieve goals.
       ``(15) Evidence of student learning.--The term `evidence of 
     student learning' means data that shall be based on multiple, 
     valid and reliable indicators of student academic growth 
     towards State content and achievement standards, which shall 
     be based significantly on--
       ``(A) student learning gains on the State student academic 
     assessments under section 1111(c) and, for grades and 
     subjects not covered by the State's student academic 
     assessments, another valid and reliable assessment of student 
     academic achievement, as long as the assessment is used 
     consistently by the local educational agency for the grade or 
     class for which the assessment is administered; and
       ``(B) other evidence of student learning that is comparable 
     across schools within an local educational agency such as--
       ``(i) formative and summative assessments;
       ``(ii) objective performance-based assessments; and
       ``(iii) representative samples of student work, including 
     progress towards performance standards and evidence of 
     student growth.
       ``(16) Mentor principal.--The term `mentor principal' means 
     an individual with--
       ``(A) Strong instructional leadership skills in an 
     elementary school or secondary school setting;
       ``(B) Strong verbal and written communication skills, which 
     may be demonstrated by performance on appropriate 
     assessments; and
       ``(C) Knowledge and skills to--
       ``(i) establish and maintain a professional learning 
     community that effectively utilizes data to improve the 
     school culture and personalize instruction to increase 
     student achievement;
       ``(ii) create and maintain a learning culture within the 
     school that provides a climate conducive to the development 
     of all members of the school community, including one of 
     continuous learning for adults tied to student learning and 
     other school goals;
       ``(iii) engage in continuous professional development, 
     utilizing a combination of academic study, developmental 
     simulation exercises, self-reflection, mentorship and 
     internship;
       ``(iv) understand youth development appropriate to the age 
     level served by the school and from this knowledge sets high 
     expectations and standards for the academic, social, 
     emotional and physical development of all students; and
       ``(v) actively engage the community to create shared 
     responsibility for student academic performance and 
     successful development.

          ``PART A--EFFECTIVE TEACHER AND LEADER STATE GRANTS

     ``SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $3,500,000,000 
     for fiscal year 2014, and such sums as may be necessary for 
     each of the 5 succeeding fiscal years, to carry out this 
     part.

                     ``Subpart 1--Grants to States

     ``SEC. 2111. ALLOCATIONS TO STATES.

       ``(a) Reservations.--From the amounts made available under 
     section 2101 for this subpart for each fiscal year, the 
     Secretary shall reserve--
       ``(1) one-half of one percent for the outlying areas, to be 
     distributed among the outlying areas on the basis of their 
     relative need, as determined by the Secretary, for activities 
     consistent with the purposes of this title;
       ``(2) one-half of one percent for the Secretary of the 
     Interior, for activities, consistent with the purposes of 
     this title described in section 2001, in schools operated by 
     or funded by the Bureau of Indian Education; and
       ``(3) one-half of one percent for a competitive grant 
     program to encourage consortia of States to develop 
     instructional supports aligned to new college- and career-
     ready standards that are made widely available to all States 
     and local educational agencies.
       ``(b) Allotments to States, Reductions.--
       ``(1) In general.--From the amounts made available under 
     section 2101 for this subpart for each fiscal year that 
     remain after the Secretary reserves funds under subsection 
     (a) of this section, the Secretary shall allot to each State 
     with an approved application under section 2112 the sum of--
       ``(A) an amount that bears the same relationship to 35 
     percent of the remaining amount as the number of individuals 
     age five through 17 in the State, as determined by the 
     Secretary on the basis of the most recent satisfactory data, 
     bears to the number of those individuals in all such States, 
     as so determined; and
       ``(B) an amount that bears the same relationship to 65 
     percent of the remaining amount as the number of individuals 
     age five through 17 from families with incomes below the 
     poverty line, in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined.
       ``(2) Fiscal year 2014.--Notwithstanding paragraph (1), for 
     fiscal year 2014, no State shall receive less than 90 percent 
     of the State's allocation under this part for fiscal year 
     2013, as such part was in effect on the day before the date 
     of enactment of the Student Success Act.
       ``(3) Succeeding fiscal years.--Notwithstanding paragraph 
     (1), for fiscal year 2014 and each succeeding fiscal year, no 
     State shall receive an allotment under paragraph (1) that is 
     less than 90 percent of the State's allotment under such 
     paragraph for the preceding fiscal year.
       ``(c) Ratable Reductions.--If the funds made available to 
     carry out paragraph (1) of subsection (b) are insufficient to 
     pay the full amounts that all States are eligible to receive 
     under subparagraph (2) or (3) of such subsection for any 
     fiscal year, the Secretary shall ratably reduce each such 
     amount for such fiscal year.
       ``(d) Reallotments.--If any State does not apply for an 
     allotment under this section, or has its application 
     disapproved by the Secretary, the Secretary shall reallot the 
     amount of that State's allotment to the remaining States that 
     have approved applications in accordance with this subpart.

     ``SEC. 2112. STATE APPLICATIONS.

       ``(a) In General.--For a State to be eligible to receive a 
     grant under this part, the State educational agency shall 
     submit an application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     reasonably require. The Secretary shall provide the State 
     educational agency with the opportunity to apply for funds 
     under this part and part B through a consolidated 
     application.
       ``(b) Contents.--Each application submitted under this 
     section shall include the following--
       ``(1) a description of how, within 3 years of the date of 
     enactment of the Student Success Act, each local educational 
     agency in the State that receives a subgrant under subpart 2 
     shall implement either a State model teacher and principal 
     evaluation system or a State-approved teacher and principal 
     evaluation system that, at a minimum--
       ``(A) is designed primarily to--
       ``(i) increase student learning and improve instruction for 
     students;
       ``(ii) inform professional development for teachers and 
     principals and support interventions for students; and
       ``(iii) using the results of a teacher's or principal's 
     evaluation, provide on-going and timely, individual and 
     meaningful feedback, and substantive support to the teacher 
     or principal;
       ``(B) is developed, implemented, and adopted in 
     collaboration with teachers, principals, and other education 
     stakeholders and through the State or local process for 
     determining terms and conditions of employment in the State 
     or local educational agency;
       ``(C) includes--
       ``(i) meaningful weight on multiple measures of teacher and 
     principal performance, including--

       ``(I) in the case of teachers, evidence of classroom 
     practice; and
       ``(II) in the case of principals, evidence of school 
     leadership;

       ``(ii) meaningful weight on evidence of student learning;
       ``(iii) meaningful weight on contributions to student 
     growth including higher order thinking skills, citizenship, 
     and social and emotional development; and
       ``(iv) differentiated levels of teacher and principal 
     performance that are clearly articulated using not less than 
     3 rating categories, which are aligned with the State's 
     standards and criteria for defining each of the rating 
     categories required;
       ``(D) provides results that are comparable and consistent 
     across all teachers and principals within a local educational 
     agency consistent with section 2301, including using 
     standards and rubrics for conducting evaluations (including 
     for the information in described in subparagraph (C)) that 
     reflect the ages and grades being taught and consistent 
     within individual grade levels and subject areas in each 
     local educational agency;
       ``(E) evaluates, annually, each teacher and principal in 
     the local educational agency and

[[Page 11894]]

     takes into consideration the experience and performance level 
     of the teacher or principal;
       ``(F) uses evaluation results to inform--
       ``(i) professional improvement plans for teachers and 
     principals, which shall be developed in collaboration with 
     teachers and principals, that are appropriate to the level of 
     the individual being evaluated, including support and 
     timelines to carry out each plan;
       ``(ii) comprehensive support, mentoring, interventions and 
     timelines to carry out each plan; and
       ``(iii) personnel decisions; and
       ``(G) establishes appropriate training for evaluators and 
     staff being evaluated including--
       ``(i) a clear articulation of the evaluation system and the 
     process, systems, ratings, and the implications of the 
     results provided to teachers and principals;
       ``(ii) how the system provides teachers and principals the 
     opportunity and assistance to improve consistent with 
     subparagraph (F)(i); and
       ``(iii) how to identify working conditions that affect 
     teaching and learning, such as facilities and resources, and 
     school climate and safety, and isolating educator impact on 
     student outcomes from these factors;
       ``(2) a description of how the State educational agency 
     will ensure that within 4 years of the date of enactment of 
     the Student Success Act, each local educational agency in the 
     State that receives a subgrant under subpart 2 makes public 
     the results of the evaluation system described in paragraph 
     (1), in accordance with the accountability requirements of 
     subpart 4;
       ``(3) a description of how, within 2 years of the date of 
     enactment of the Student Success Act, each local educational 
     agency in the State that receives a subgrant under subpart 2 
     shall conduct an annual assessment of educator support and 
     working conditions that--
       ``(A) evaluates supports for teachers, leaders, and other 
     school personnel, such as--
       ``(i) teacher and principal perceptions of availability of 
     high-quality professional development and instructional 
     materials and opportunities for collaboration;
       ``(ii) timely availability of data on student academic 
     achievement and growth;
       ``(iii) the presence of high-quality instructional 
     leadership; and
       ``(iv) opportunities for professional growth such as career 
     ladders and mentoring and induction programs;
       ``(B) evaluates working conditions for teachers, leaders 
     and other school personnel, such as--
       ``(i) school climate;
       ``(ii) school safety;
       ``(iii) class size;
       ``(iv) availability and use of common planning time and 
     opportunities to collaborate; and
       ``(v) community engagement;
       ``(C) is developed with for teachers, leaders and other 
     school personnel, parents, students, and the community;
       ``(D) develops and implements an plan with the groups 
     described in subparagraph (C) and with, at a minimum, annual 
     benchmarks to address the results of the assessment carried 
     described in this paragraph; and
       ``(E) publicly reports on the results of the evaluations 
     described in subparagraph (A) and (B) and the plan described 
     in subparagraph (C);
       ``(4) a description of the educator supports the State has 
     developed to assist in the implementation of new college- and 
     career-ready standards, including the State's plan for making 
     those supports available to its local educational agencies 
     and for prioritizing the introduction of those supports, in 
     conjunction with the appropriate local educational agency, 
     into the State's lowest performing schools;
       ``(5) a description of how a State will develop and 
     implement a plan for the equitable distribution of teachers 
     and principals that--
       ``(A) ensures teachers and principals who have been rated 
     in the lowest rating categories, as such categories are 
     defined by the State under the State-approved teacher and 
     principal evaluation system under paragraph (1)(C)(iii), 
     within each local educational agency and among the local 
     educational agencies within the State, so that low-income and 
     minority students are not taught at higher rates than are 
     other students by teachers not deemed qualified and who are 
     rated in the lowest evaluation rating categories or assigned 
     to schools administered by principals who have been rated in 
     the lowest evaluation rating categories at higher rates than 
     other students;
       ``(B) includes--
       ``(i) percentage of teachers by evaluation rating category 
     for schools in the top quartile of poverty against the 
     schools in the bottom quartile of poverty;
       ``(ii) percentage of teachers by evaluation rating category 
     for schools in the top quartile in percentage of minority 
     students against the bottom quartile of percentage of 
     minority students;
       ``(iii) specific and measurable goals and strategies to 
     close gaps identified in the plan; and
       ``(C) before the teacher and principal evaluation system is 
     established under this part, uses a combined measure of 
     indicators such as a composite to carry out the plan 
     described in this paragraph--
       ``(i) shall include--

       ``(I) the percentage of first year teachers; and
       ``(II) the percentage of qualified teachers; and

       ``(ii) may include--

       ``(I) with respect middle schools and high schools, the 
     percentage of core academic courses taught by teachers who 
     have met State licensure requirements for such courses;
       ``(II) the percentage of teachers whose licensure exam 
     scores fall one standard deviation above passing score of 
     teachers within the State;
       ``(III) the percent of teachers with more than 10 absences 
     over the course of the school year; and
       ``(IV) the percentage of teachers hired after the first day 
     of school;

       ``(6) the State definition of teacher-of-record, how local 
     educational agencies report to the State on the teacher-of-
     record, and how the definition is used, including for 
     evaluation, compensation, teacher preparation evaluation, and 
     to ensure equitable distribution of effective and highly 
     effective teachers;
       ``(7) a description of how the State will establish and 
     maintain a data system that within 3 years after the date of 
     enactment of the Student Success Act--
       ``(A) supports data sharing among local educational 
     agencies and a teacher and leader preparation program 
     described in section 200(6)(A)(IV) of the Higher Education 
     Act of 1965, as amended by section 202 of the Student Success 
     Act, on the program's graduates' students' achievement and 
     growth, including on the information provided in the evidence 
     of student learning definition; and
       ``(B) publically reports the percentage of teachers and 
     leaders in each rating category, as defined by the State in 
     paragraph (1)(C)(iii), by preparation program;
       ``(8) a description of the State's plan to--
       ``(A) implement the plan within the required timelines, 
     including annual benchmarks for implementation; and
       ``(B) report annually to the Secretary on its progress 
     implementing the plan and meeting annual benchmarks outlined 
     under subparagraph (A);
       ``(9) the State's definition of, or standards and criteria 
     for--
       ``(A) a qualified teacher;
       ``(B) each rating category under paragraph (1)(C)(iii); and
       ``(C) additional definitions related to the requirements 
     under the teacher and principal evaluation system under 
     paragraph (1);
       ``(10) a description of how the State will, on a regular 
     basis, evaluate how well the results of local educational 
     agency's teacher and principal evaluation systems align with 
     the results produced by the state's statewide measure of 
     evidence of student learning;
       ``(11) a description of any performance measures in 
     addition to those described in subpart 4 that the State will 
     use to measure the performance of the State and of each local 
     educational agency that receives a subgrant under subpart 2; 
     and
       ``(12) a description of how the State will carry out the 
     activities outlined in section 2113.
       ``(c) Compliance and Disapproval.--If the Secretary finds 
     that a State's application does not comply in whole or in 
     part with the requirements of this subpart, the Secretary 
     shall--
       ``(1) notify the State regarding the specific provisions in 
     the application that do not comply with the requirements of 
     this subpart;
       ``(2) request any additional information needed to 
     determine whether the application will comply with the 
     requirements of this subpart; and
       ``(3) before disapproving the application, give the State 
     notice and an opportunity for a hearing.

     ``SEC. 2113. STATE USES OF FUNDS.

       ``(a) In General.--A State that receives a grant under this 
     subpart shall use--
       ``(1) 90 percent of the grant funds to award subgrants 
     under subpart 2 to local educational agencies with approved 
     applications under section 2122;
       ``(2) not more than 5 percent of the grant funds, to plan 
     and administer the activities of the State under this 
     subpart, including the awarding of the subgrants under 
     subpart 2 and the monitoring and enforcement of the 
     requirements for the subgrants, including--
       ``(A) developing model teacher and principal evaluation 
     systems that local educational agencies could adopt at their 
     discretion;
       ``(B) implementing the plan for equitable distribution 
     described in section 2112(b)(5);
       ``(C) reviewing the teacher and principal evaluation system 
     that meets the requirements of section 2112(b)(1) used by 
     each local educational agency in the State, including--
       ``(i) providing technical assistance to local educational 
     agencies on the development and implementation of such 
     system;
       ``(ii) the role of teachers, school leaders, and other 
     school personnel in the development and implementation of 
     such system;
       ``(iii) opportunities for teachers and principals to 
     provide feedback on the quality and usefulness of such 
     system; and
       ``(iv) evaluating the reliability of such systems; and

[[Page 11895]]

       ``(D) reviewing the assessment of educator support and 
     working conditions described in section 2112(b)(3), 
     including--
       ``(i) how the assessment was conducted;
       ``(ii) how the plan was developed; and
       ``(iii) implementation of the associated improvement plan 
     described in subparagraph (D) of section 2112(b)(3);
       ``(3) developing, based on the assessment described in 
     section 2112(b)(3), educator supports to assist with the 
     implementation of new college- and career-ready standards, 
     particularly in the State's lowest performing schools;
       ``(4) at least 2 percent of the grant funds to--
       ``(A) develop, with appropriate stakeholders, a State plan, 
     based on an analysis of relevant data (including data on 
     projected workforce needs), to--
       ``(i) improve the effectiveness principals and, at the 
     State's discretion, other school leaders; and
       ``(ii) ensure the equitable distribution of principals 
     consistent with section 2112(b)(5);
       ``(B) implement activities to carry out the State plan, 
     which may include such activities as--
       ``(i) developing, periodically reviewing, and revising 
     State policies and standards related to principals and, at 
     the State's discretion, other school leaders so that those 
     policies and standards--

       ``(I) reflect the best practices identified in schools with 
     effective principals;
       ``(II) focus on raising student achievement in subjects 
     that contribute to a well-rounded education, especially in 
     high-need and low-performing schools and among the lowest-
     performing subgroups in the State, and on improving teacher 
     effectiveness; and
       ``(III) are designed to improve preparation, certification 
     or licensure, and evaluation for all principals, including 
     those in high-need and low-performing schools; and

       ``(C) activities designed to recruit, support, and retain 
     effective and highly effective principals for high-need and 
     low-performing schools, such as--
       ``(i) strengthening principal preparation programs to 
     ensure that they are highly selective include in-depth 
     residency for at least one-year or field-based experience in 
     a high-need or low-performing school, and provide induction 
     or other support for at least the first year of a principal's 
     service, including coaching from a mentor principal in 
     instructional leadership and organizational management;
       ``(ii) provide training in school and personnel management, 
     including management of the organization, staff and 
     resources, developing a school climate and instructional 
     program, developing effective relationships with community 
     and parents, and using student-level and school level-data to 
     inform decision-making;
       ``(iii) training on child development, improving 
     instruction and closing achievement gaps;
       ``(iv) providing compensation incentives to attract, 
     retain, and reward effective principals and other school 
     leaders for high-need and low-performing schools;
       ``(v) developing teacher career ladders with a performance-
     based selection process that distribute school leadership 
     responsibilities and develop a pipeline of individuals who 
     gain the experience necessary to become an effective 
     principal; and
       ``(vi) activities to improve the effectiveness of school 
     superintendents, principal supervisors, human resources 
     directors, and other local educational agency managers; and
       ``(5) use any remaining funds reserved at the State level 
     to--
       ``(A) carry out any other activities designed to help the 
     State make progress toward carrying out the purposes of this 
     title and showing improvement on the performance measures 
     described in subpart 4 and any additional measures described 
     in the State's application, including activities designed 
     to--
       ``(i) align the State's professional teaching standards, 
     teacher and principal certification or licensure 
     requirements, teacher-preparation programs, and professional-
     development requirements with kindergarten-through-grade-12 
     academic content and achievement standards that build toward 
     college-and-career-readiness;
       ``(ii) reform teacher and school leader compensation, 
     including by modifying policies and practices and providing 
     technical assistance to local educational agencies, in order 
     to enable those agencies to recruit, reward, and retain 
     effective teachers and school leaders in high-need schools, 
     fields, subjects, and areas;
       ``(iii) support the training of teachers, principals, and 
     other school leaders in meeting the diverse learning needs of 
     their students, including through universal design for 
     learning, as described in section 5429(b)(21), and multi-
     tiered system of supports and language acquisition 
     instruction;
       ``(iv) support the training of teachers, principals, and 
     other school leaders in effectively integrating technology 
     (including technology for students with disabilities) into 
     curricula and instruction and in how to use technology for 
     on-line communication and for collaboration and data 
     analysis;
       ``(v) strengthen human resource systems in local 
     educational agencies to recruit, train, hire, and place 
     individuals who are or are most likely to be highly effective 
     teachers and principals, provide highly effective teachers 
     and principals with support and development opportunities 
     focused on increasing student achievement, and retain highly 
     effective teachers and principals over time by creating 
     school environments that enable excellent teaching including 
     through strategies such as distributed leadership, time for 
     collaboration and use of student data for job-embedded 
     professional development;
       ``(vi) develop and provide professional development, 
     including through joint professional development 
     opportunities, for early-childhood educators, teachers, 
     principals, specialized instructional support personnel, and 
     other school leaders;
       ``(vii) develop and implement policies and practices that 
     position the State to be a competitive applicant for grants 
     under part B of this title;
       ``(viii) support the training of teachers, principals, and 
     other school leaders on how to accelerate the learning of 
     students who are performing below grade level; and
       ``(ix) provide professional development for teachers, 
     principals and other school administrators in early 
     elementary grades that includes specialized knowledge about 
     child development and learning, developmentally-appropriate 
     curricula and teaching practices, meaningful family 
     engagement and collaboration with early care and education 
     programs;
       ``(B) provide technical assistance, as necessary, to each 
     local educational agency that receives a subgrant under 
     subpart 2, in order to help the local educational agency 
     improve performance on the measures described in subpart 4;
       ``(C) establish policies and practices to ensure the 
     quality of the data reported under this part and the 
     effectiveness of the methods used to analyze those data; and
       ``(D) develop and disseminate the State report card 
     required under subpart 4, and use the information in the 
     report card to guide efforts under this title.
       ``(b) Supplement, Not Supplant.--Funds received under this 
     subpart shall be used to supplement, and not supplant, non-
     Federal funds that would otherwise be used for activities 
     authorized under this subpart.

          ``Subpart 2--Subgrants to Local Educational Agencies

     ``SEC. 2121. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) In General.--Each State educational agency that 
     receives an allocation under subpart 1 shall allocate to each 
     local educational agency in the State that has an application 
     approved by the State under section 2122 the sum of--
       ``(1) the amount that bears the same relationship to 20 
     percent of the amount allocated to the State educational 
     agency as the number of individuals age 5 through 17 in the 
     geographic area served by the agency, as determined by the 
     Secretary on the basis of the most recent satisfactory data, 
     bears to the number of those individuals in the geographic 
     areas served by all such local educational agencies in the 
     State, as so determined; and
       ``(2) the amount that bears the same relationship to 80 
     percent of the amount allocated to the State educational 
     agency as the number of individuals age 5 through 17 from 
     families with incomes below the poverty line in the 
     geographic area served by the agency, as determined by the 
     Secretary on the basis of the most recent satisfactory data, 
     bears to the number of those individuals in the geographic 
     areas served by all such local educational agencies in the 
     State, as so determined.
       ``(b) Minimum Allotments.--
       ``(1) Fiscal year 2014.--For fiscal year 2014, no local 
     educational agency shall receive an allocation under 
     subsection (a) that is less than 90 percent of the allocation 
     the local educational agency received under this part for 
     fiscal year 2013, as this part was in effect on the day 
     before the date of enactment of the Student Success Act.
       ``(2) Subsequent fiscal years.--For fiscal year 2015 and 
     each succeeding fiscal year, no local educational agency 
     receiving an allotment under subsection (a) shall receive 
     less than 90 percent of the allotment the local educational 
     agency received under this subpart for the preceding fiscal 
     year.
       ``(c) Ratable Reduction.--If the funds described in 
     subsection (a) are insufficient to pay the full amounts that 
     all local educational agencies are eligible to receive under 
     subsection (b) for any fiscal year, the State shall ratably 
     reduce such amounts for such fiscal year.

     ``SEC. 2122. LOCAL EDUCATIONAL AGENCY NEEDS ASSESSMENT AND 
                   APPLICATIONS.

       ``(a) In General.--To receive a subgrant under this subpart 
     a local educational agency shall--
       ``(1) submit an application to the State educational agency 
     involved at such time, in such manner, and containing such 
     information and assurances as the State educational agency 
     may reasonably require; and
       ``(2) conduct, in developing its application, and with the 
     involvement of teachers, principals, and other stakeholders, 
     as applicable, an assessment of educator support and working 
     conditions consistent with section 2112(b)(3), in the areas 
     set forth under the performance measures described in subpart 
     4,

[[Page 11896]]

     identified under the school improvement plans under section 
     1116, as applicable, and the needs of schools receiving funds 
     under title I.
       ``(b) Contents.--Each application submitted under this 
     section shall include--
       ``(1) a description of--
       ``(A) the results of the needs assessment conducted under 
     subsection (a)(2);
       ``(B) the performance measures and activities the local 
     education agency will use to address the needs identified 
     under the assessment;
       ``(C) the local educational agency's current system for 
     evaluating teachers and principals, and whether that system 
     is consistent with the definitions the State has developed in 
     the State's application under section 2112(b)(1);
       ``(D) the local educational agency's plan for using the 
     subgrant under this subpart, and other local, State, and 
     Federal funds, to ensure the equitable distribution of 
     teachers and principals, within the local educational agency 
     so that low-income and minority students are not taught at 
     higher rates than are other students by teachers not deemed 
     qualified and who are rated in the lowest teacher evaluation 
     rating categories or assigned to schools administered by 
     principals who have been rated in the lowest principal 
     evaluation rating categories at higher rates than other 
     students within the local educational agency;
       ``(E) the local educational agency's plan for using the 
     subgrant under this subpart to support teachers in meeting 
     the diverse learning needs of all their students, including 
     through universal design for learning, as described in 
     section 5429(b)(21), and multi-tiered system of supports and 
     language acquisition; and
       ``(F) a description of the educator supports the local 
     educational agency will provide to assist with the 
     implementation of new college- and career-ready standards and 
     early learning standards, including the local educational 
     agency's plan for prioritizing the introduction of those 
     supports in its lowest performing schools;
       ``(G) a description of how the local education agency will, 
     as appropriate, involve in the delivery of activities and 
     services under this part, external providers that have 
     demonstrated expertise and experience in using evidence-based 
     strategies and programs to deliver evidence-based 
     professional development and to raise the quality of teaching 
     and school leadership; and
       ``(2) an assurance that, within 5 years of receiving a 
     subgrant under this subpart, the local educational agency 
     will--
       ``(A) conduct a second needs assessment, with the 
     involvement of teachers, principals, and other stakeholders, 
     as applicable, in the areas set forth in subpart 4 and 
     identified in plans under section 1116, as applicable, 
     particularly the needs of schools receiving funds under title 
     I; and
       ``(B) submit a revised application to the State, consistent 
     with the requirements of this section.

     ``SEC. 2123. LOCAL EDUCATIONAL AGENCY USES OF FUNDS.

       ``(a) Use of Funds.--Subject to the requirements of the 
     State consistent with section 2112(a), a local educational 
     agency that receives a subgrant under this subpart shall, 
     directly, or with other local educational agencies or the 
     State educational agency, use the subgrant funds for 
     activities designed to increase academic achievement for all 
     students, including English learners and students with 
     disabilities, by increasing the number and percentage of its 
     teachers and principals who have been rated by the local 
     educational agency's teacher and principal evaluation system 
     as at least effective, and to ensure the equitable 
     distribution of those teachers and principals who have been 
     rated at least effective, through activities that--
       ``(1) develop and implement, or improve, a teacher and 
     principal evaluation system that, at a minimum, meets the 
     requirements described in section 2112(b)(1);
       ``(2) provide meaningful feedback to teachers and 
     principals on evaluation results, and use those results in 
     making decisions about professional development and 
     retention;
       ``(3) recruit teachers who are qualified and teachers and 
     principals who have been rated, or are likely to be rated, by 
     the evaluation system as at least effective, especially 
     teachers and principals who are needed for high-need and low-
     performing schools and high-need fields and subjects, 
     including teachers and principals who come from 
     underrepresented backgrounds;
       ``(4) implement the assessment of educator support and 
     working conditions in accordance with section 2112(b)(3);
       ``(5) implement the local educational agency's plan for 
     ensuring the equitable distribution of teachers and 
     principals who have been rated by the teacher and principal 
     evaluation system as at least effective;
       ``(6) develop and implement an induction program that is 
     designed to increase the effectiveness of new teachers and 
     retain effective teachers, especially in high-need and low-
     performing schools, such as a program that provides reduced 
     teaching assignments for new teachers, training for 
     instructional coaches or mentors who will participate in 
     induction activities, access to on-line support systems, and 
     frequent feedback to promote continuous learning and 
     instructional improvement;
       ``(7) reduce class size for kindergarten through third 
     grade by an amount and to a level consistent with what 
     research has found to improve student academic achievement at 
     a minimum in the schools in the lowest quartile of poverty in 
     the local educational agency;
       ``(8) improve within-school equity in the distribution of 
     teachers who have been rated at least effective so that low-
     income and minority students are not taught at higher rates 
     than are other students by teachers rated in one of the two 
     lowest evaluation rating categories;
       ``(9) plan and administer activities carried out under this 
     subpart, including other activities to improve effectiveness 
     and the equity of distribution as required in accordance with 
     the local educational agency's needs assessments under 
     subsection (a)(2);
       ``(10) develop a plan of action for providing additional 
     academic supports, opportunities, or resources that ensure an 
     appropriate opportunity to learn to any student assigned in 
     any subject, for two consecutive years, to teachers rated in 
     the lowest category under the local educational agency's 
     teacher evaluation system; and
       ``(11) develop a plan of action to ensure that no student 
     in a school in either the bottom quartile of poverty in the 
     local educational agency or a low-performing school is 
     assigned in any subject, for two consecutive years, to a 
     teacher rated in the lowest category under the local 
     educational agency's teacher evaluation system.
       ``(b) Supplement, Not Supplant.--Funds received under this 
     subpart shall be used to supplement, and not supplant, non-
     Federal funds that would otherwise be used for activities 
     authorized under this subpart.
       ``(c) Rule of Construction.--Nothing in this subpart shall 
     be construed to require a local educational agency to 
     transfer school personnel in order to comply with the 
     requirements of this part.

              ``Subpart 3--National Leadership Activities

     ``SEC. 2131. NATIONAL LEADERSHIP ACTIVITIES.

       ``From the funds made available under section 2101 for this 
     subpart for any fiscal year, the Secretary may to reserve up 
     to 3 percent for research, development, technical assistance, 
     outreach, and dissemination activities, carried out either 
     directly or through grants, contracts, or cooperative 
     agreements. Such activities may include--
       ``(1) activities to strengthen teacher and principal 
     evaluation, including establishing a national center to 
     gather, provide benchmarks on, and disseminate best practices 
     and provide technical assistance on teacher and principal 
     evaluation so as to support States and local educational 
     agencies in developing robust and reliable evaluation systems 
     that take student growth into account;
       ``(2) development and dissemination of model surveys on the 
     quality of educator support and working conditions consistent 
     with section 2112(b)(3);
       ``(3) direct assistance to nonprofit organizations to 
     enhance their support for local educational agencies and 
     schools, including to community-based organizations that can 
     support multiple local educational agencies in strengthening 
     their teacher and principal pipelines and human-resource 
     practices and provide high-quality, sustained professional 
     development targeted to low-performing schools;
       ``(4) activities to support development of a leadership 
     academy to train school leaders in effective school 
     management and instructional leadership, with a primary focus 
     on turning around low-performing schools, including--
       ``(A) effective management of the organization, staff, and 
     resources;
       ``(B) developing a school climate and instructional program 
     and related evidence-based professional development aligned 
     to the needs of the students and school;
       ``(C) effective relationships with community and parents; 
     and
       ``(D) using student-level and school level-data to inform 
     decision-making; and
       ``(5) activities to strengthen evaluation of 
     superintendents including developing model evaluations.

                      ``Subpart 4--Accountability

     ``SEC. 2141. EQUITY ACCOUNTABILITY.

       ``(a) State Requirements.--
       ``(1) In general.--Each State that receives a grant under 
     subpart 1 shall--
       ``(A) in a case in which the comparisons conducted under 
     section 2112(b)(5) of the State plan indicate the 
     inequalities described in paragraph (2) with respect to high-
     poverty and high-minority local educational agencies--
       ``(i) in consultation with the local educational agencies 
     in the State, established 2, 4 and 5 year improvement goals 
     that will substantially reduce or eliminate the inequities in 
     the schools of such high-poverty and high-minority local 
     educational agencies; and
       ``(ii) establish a support plan to assist such high-poverty 
     and high-minority local educational agencies meet such 
     improvement goals; and
       ``(B) in a case in which a high-poverty and high-minority 
     local educational agency has not achieved the 2-year 
     improvement goals established under subparagraph (A)(i), use 
     2.5

[[Page 11897]]

     percent of the grant funds received under subpart 2 to carry 
     out the activities described in subparagraph (A).
       ``(2) Inequalities.--The inequalities described in this 
     paragraph are as follows:
       ``(A) Before the teacher and principal evaluation systems 
     that meets the requirements of section 2112(b)(1) is 
     established under this part by the local educational agencies 
     in the State, students in high poverty and high minority 
     local educational agencies in the State were being taught at 
     higher rates by teachers rated in the lowest two quartiles 
     based on the combined measure established under section 
     2112(b)(5)(C) compared to students in low poverty and low 
     minority local educational agencies in the State.
       ``(B) Once the evaluation systems are established, students 
     in high poverty and high minority local educational agencies 
     are being taught at higher rates by teachers rated in one of 
     the two lowest rating categories under such evaluation 
     systems, as compared to students in low poverty and low 
     minority local educational agencies.
       ``(b) Local Educational Agency Requirements.--
       ``(1) In general.--Subject to paragraph (3), a high-poverty 
     or high-minority local educational agency described in 
     paragraph (2) and with respect to which a State established 
     improvement goals under subsection (a)(1)(A)(i), shall--
       ``(A) in a case in which the local educational agency fails 
     to meet its 2 year improvement goals established under such 
     subsection, use all funds made available through the subgrant 
     to carry out the activities described in section 2112(b)(5);
       ``(B) in a case in which the local educational agency fails 
     to meet its 4 year improvement goals established under such 
     subsection--
       ``(i) receive a subgrant from the State under subpart 2 
     equal to not more than 50 percent of the subgrant received by 
     the local educational agency in the preceding year under such 
     subpart; and
       ``(ii) make non-Federal contributions in an amount equal to 
     not less than the Federal funds provided under the subgrant; 
     and
       ``(C) in a case in which the local educational agency fails 
     to meet its 5 year improvement goals established under such 
     subsection, the local educational agency shall be prohibited 
     from receiving a subgrant subpart 2.
       ``(2) Description of local educational agencies.--A local 
     educational agency described in this paragraph is a local 
     educational agency that--
       ``(A) before the evaluation system is established under 
     this part, students in high poverty and high minority schools 
     are being taught at higher rates by teachers rated in the 
     lowest two quartiles based on the combined measure 
     established under section 2112(b)(5)(C) compared to students 
     in low poverty and low minority schools; and
       ``(B) once the evaluation system is established, that 
     students in high poverty and high minority schools are being 
     taught at higher rates by teachers rated in one of the two 
     lowest rating categories under the local educational agency's 
     evaluation system comparable to students in low poverty and 
     low minority schools.
       ``(3) Exception.--Paragraph (1) shall not apply to high 
     poverty and high minority schools where students are being 
     taught at higher rates by teachers rated in one of the two 
     lowest rating categories under the local educational agency's 
     evaluations system compared to students in low poverty and 
     low minority schools in the local educational agency if the 
     performance of the high poverty or high minority school's 
     students, including each group of students described in 
     section 1111(b)(2)(C)(v)(II), on the State's annual student 
     academic assessments has exceeded the statewide average 
     performance for students overall in that subject for at least 
     the previous 2 years.
       ``(4) Inapplicability.--This section shall not apply to a 
     local education agency that does not have more than one 
     building for each grade span.
       ``(5) Transitional compliance.--Beginning on the date of 
     enactment of the Student Success Act, for no more than 4 full 
     school years a local educational agency shall be deemed to be 
     in compliance with this section for any school year, if the 
     teachers hired to fill vacancies in local education agencies 
     served under this part, improve the equity in distribution of 
     teachers rated in the highest rating categories between 
     students served by high poverty or high minority schools and 
     students served by low poverty or low minority schools as 
     described in paragraph (2).
       ``(6) Waiver.--A local education agency may apply to the 
     Secretary for a temporary waiver of the requirements of this 
     section in the case of a natural disaster or unpredictable or 
     significant personnel assignments that occur after the 
     beginning of a school year that would affect determination of 
     compliance with this section.
       ``(7) Rules of construction.--Nothing in this section shall 
     be construed to require a local education agency to transfer 
     school personnel in order to comply with this section.

                     ``Subpart 5--Public Reporting

     ``SEC. 2151. PUBLIC REPORTING.

       ``(a) In General.--
       ``(1) State report card.--Each State that receives a grant 
     under subpart 1 shall annually submit to the Secretary, and 
     make public, a State report card on program performance and 
     results under the grant, in a manner prescribed by the 
     Secretary and containing, analyzing, and updating the 
     information required under subsection (b).
       ``(2) Local educational agency report.--Each local 
     educational agency that receives a subgrant under subpart 2 
     shall annually submit to the State, and make public--
       ``(A) a report on the local educational agency's program 
     performance and results under the subgrant, in a manner 
     prescribed by the State or the Secretary, containing, 
     analyzing, and updating the information required under 
     subsection (c); and
       ``(B) the notifications to parents described in subsection 
     (d).
       ``(3) Privacy.--Information required under this subpart 
     shall be collected, reported, and disseminated in a manner 
     that protects the privacy of individuals.
       ``(b) State Report Card Requirements.--Each State described 
     in subsection (a)(1) shall report the following information 
     in accordance with such subsection:
       ``(1) With respect to the State overall and for each local 
     educational agency State, disaggregated by poverty quartile 
     and minority quartile--
       ``(A) the number and percentage of teachers and principals, 
     for each grant year, who--
       ``(i) are classified as qualified;
       ``(ii) are rated at each level under a local educational 
     agency's evaluation system consistent with the requirements 
     of section 2112(b)(1);
       ``(iii) have taught for less than one full school year; and
       ``(iv) have demonstrated content knowledge in the subject 
     or subjects the teachers are assigned to teach;
       ``(B) with respect to middle and high schools, the 
     percentage of core academic courses taught by teachers who 
     have met State licensure requirements for that course;
       ``(C) information required under equitable distribution 
     plans for the State and each local educational agency under 
     sections 2112(b)(5) and 2123(a), respectively;
       ``(D) staff retention rates differentiated by performance 
     levels as rated under the local educational agency's 
     evaluation system; and
       ``(E) any other performance measures the State is using to 
     measure the performance of local educational agencies that 
     receive a subgrant under subpart 2.
       ``(2) Results of the data collection reporting under 
     section 2112(b)(7).
       ``(3) Progress towards meeting the equitable distribution 
     requirements under section 2112(b)(5).
       ``(4) Results of the assessment of educator support and 
     working conditions described in section 2112(b)(3).
       ``(5) Results of the needs assessment required under 
     subpart 2 by each school in the State and compared to the 
     rubric which was used to conduct the needs assessment.
       ``(c) Local Educational Agency Report Card Requirements.--
     Each local educational described in subsection (a)(2) shall 
     report the following information, for each grant year, in 
     accordance with such subsection:
       ``(1) With respect to the local educational agency overall 
     and for schools in the agency by poverty quartile and 
     minority quartile--
       ``(A) the number and percentage of teachers and principals, 
     for each grant year, who--
       ``(i) are classified as qualified;
       ``(ii) are rated at each level under a local educational 
     agency's evaluation system consistent with the requirements 
     of section 2112(b)(1);
       ``(iii) have taught for less than one full school year; and
       ``(iv) have demonstrated content knowledge in the subject 
     or subjects the teachers are assigned to teach; and
       ``(B) with respect to middle school and high school, the 
     percentage of core academic courses taught by teachers who 
     have met State licensure requirements for that course.
       ``(d) Parents' Right to Know.--Each local educational 
     agency that receives a subgrant under subpart 2 shall ensure 
     that each school served by the local educational agency 
     provides, on an annual basis and at the beginning of the 
     school year--
       ``(1) written notification to the parent of each student 
     who has, for 2 consecutive years, been assigned a teacher 
     rated in the lowest rating category on the local educational 
     agency's evaluation system, that such student has been so 
     assigned; and
       ``(2) a description of--
       ``(A) the supports the school and local educational agency 
     will offer the student to compensate for the teacher 
     assignment;
       ``(B) the local educational agency's plan for ensuring this 
     assignment pattern does not continue; and
       ``(C) the teacher's qualified status based on the 
     definition under section 2002(5), including whether the 
     teacher meets the status based on the requirement in 
     subparagraph (A)(v) of such section.

[[Page 11898]]



              ``PART B--TEACHER AND LEADER INNOVATION FUND

     ``SEC. 2201. TEACHER AND LEADER INNOVATION FUND.

       ``The purpose of this part is to support States and local 
     educational agencies in improving the effectiveness of their 
     teachers and school leaders, especially those teachers and 
     school leaders working in high-need schools, by creating the 
     conditions needed to identify, recruit, prepare, retain, 
     reward, and advance effective teachers, principals, and 
     school leadership teams in such schools.

     ``SEC. 2202. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     $950,000,000 for fiscal year 2014 and such sums as may be 
     necessary for each of the 5 succeeding fiscal years to carry 
     out this part.
       ``(b) Continuation.--From the funds made available under 
     subsection (a), the Secretary may reserve funds to continue 
     funding the Teacher Incentive Fund authorized under the 
     fourth, fifth, and sixth provisos of the `Innovation and 
     Improvement Account' under title III of Public Law 109-149, 
     in accordance with the terms and conditions of such Fund that 
     were in effect on the day before the enactment of the Student 
     Success Act.

     ``SEC. 2203. GRANTS.

       ``(a) In General.--From the funds made available under 
     section 2202 and not reserved under subsection (b) of such 
     section, for each fiscal year, the Secretary shall award 
     grants, on a competitive basis, to eligible entities to carry 
     out the purpose of this part.
       ``(b) Eligible Entity.--In this part, the term `eligible 
     entity' means--
       ``(1) a State educational agency or a consortium of such 
     agencies;
       ``(2) a high-need local educational agency or a consortium 
     of such agencies;
       ``(3) one or more of the entities described in paragraphs 
     (1) and (2) in partnership with one or more institutions of 
     higher education, nonprofit organization,; or educational 
     service agencies; or
       ``(4) an entity described in paragraph (1) in partnership 
     with 1or more local educational agencies at least one of 
     which is a high-need local educational agency.
       ``(c) Duration.--The Secretary shall award a grant under 
     this part to an eligible entity for an initial period of not 
     more than 3 years, and may renew the grant for up to an 
     additional 2 years if the Secretary finds that the eligible 
     entity is achieving the objectives of the grant and has shown 
     improvement against baseline measures on performance 
     indicators.

     ``SEC. 2204. APPLICATIONS.

       ``(a) In General.--Each eligible entity that desires a 
     grant under this part shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information and assurances as the Secretary may reasonably 
     require.
       ``(b) Contents.--Each application submitted under this 
     section shall contain--
       ``(1) a description of--
       ``(A) how the eligible entity will differentiate levels of 
     teacher and principal performance by effectiveness, and the 
     criteria it will use to determine that differentiation, which 
     shall include the use of evidence of student learning as a 
     significant factor, as well as other measures; and
       ``(B) how that differentiation will be--
       ``(i) consistent with the teacher and principal evaluation 
     system that meets the requirements of section 2112(b)(1); and
       ``(ii) used by the local educational agency served by the 
     eligible entity to make decisions about professional 
     development and retention;
       ``(2) a description of the rigorous performance standards 
     that the eligible entity has established, or will establish, 
     within 2 years of the date of enactment of Student Success 
     Act, that will be used to evaluate performance;
       ``(3) a plan, developed with appropriate stakeholders, 
     setting forth the activities to be implemented under the 
     grant and how those activities will be aligned with the 
     results of--
       ``(A) an analysis of workforce data (including teacher and 
     principal surveys) that identifies strengths and weaknesses 
     in the working conditions provided to teachers, school 
     leaders, and other school personnel and the current and 
     future staffing needs within the State or local educational 
     agency;
       ``(B) a public review of any State or local educational 
     agency statutes, policies, and practices, including 
     employment policies and practices that pose a barrier to 
     staffing schools, particularly high-need schools, with 
     teachers and principals who have been rated in the highest 
     rating categories;
       ``(C) an analysis of the effectiveness and the cost-
     effectiveness of applicable State or local educational agency 
     policies and practices related to increasing teacher and 
     principal effectiveness;
       ``(D) an analysis of the alignment of the policies and 
     practices reviewed and analyzed under subparagraphs (B) and 
     (C) with the goal of ensuring that educators are prepared to 
     help all students achieve to college-and-career-ready 
     standards; and
       ``(E) as applicable, an analysis of the extent to which the 
     local educational agency's human capital strategies, 
     including career advancement opportunities, salary schedules 
     (including incentives for graduate credit and advanced 
     degrees), and incentives, reward actions, and strategies that 
     improve instruction and student learning; and
       ``(4) evidence of involvement and support for the proposed 
     grant activities from--
       ``(A) in the case of an application from an eligible entity 
     that includes a local educational agency or a consortium of 
     such agencies, a local school board, teachers union (where 
     there is a designated exclusive representative for the 
     purpose of collective bargaining), teachers, principals, and 
     other stakeholders; and
       ``(B) in the case of an application from a State 
     educational agency or consortium of such agencies, the State 
     board of education, State agency for higher education, any 
     participating local educational agency, and other 
     stakeholders.
       ``(c) Selection Criterion.--In making grants under this 
     part, the Secretary shall consider the extent to which the 
     eligible entity's activities that are carried out through a 
     grant under part A or through State and local funds are 
     aligned with the entity's plan under subsection (b)(3) and 
     the purpose of this part.
       ``(d) Priority.--The Secretary shall give priority to 
     applications that address particular needs in improving the 
     effectiveness of the education workforce in high-need schools 
     or the needs of local educational agencies to fill positions 
     in high-need fields and subjects.

     ``SEC. 2205. USE OF FUNDS.

       ``(a) In General.--A eligible entity under this part--
       ``(1) shall use its grant funds for activities to--
       ``(A) improve the use of teacher and principal 
     effectiveness information, which shall include, once a local 
     educational agency has adopted an evaluation system as 
     described in section 2112(b)(1), using such evaluation 
     results in consequential decisionmaking, including in--
       ``(i) paying bonuses and increased salaries, if the 
     eligible entity uses an increasing share of non-Federal funds 
     to pay the bonuses and increased salaries each year of the 
     grant, to highly effective teachers or principals who work in 
     high-need schools;
       ``(ii) activities under sections 2112 and 2122;
       ``(iii) reforming the local educational agency's system of 
     compensating teachers and principals; and
       ``(iv) developing and implementing a human capital system; 
     and
       ``(B) improve teacher and school-leader compensation and 
     career-development systems, which may include instituting 
     performance pay, career advancement systems (such as career 
     ladders or incentives for assuming additional roles and 
     responsibilities intended to improve student academic 
     achievement), or market-based compensation for a high-need 
     school; and
       ``(2) may use its grant funds for activities to--
       ``(A) help ensure that high-need and low-performing schools 
     are staffed more effectively and efficiently, such as 
     through--
       ``(i) the implementation or use of earlier hiring 
     timelines;
       ``(ii) more effective recruitment strategies (including 
     strategies for recruiting candidates from underrepresented 
     groups);
       ``(iii) more selective screening; and
       ``(iv) data systems for tracking attendance, teacher and 
     principal evaluation results, tenure decisions, participation 
     in professional development, and the results of that 
     participation;
       ``(B) recruit, prepare, support, and evaluate principals 
     who serve in high-need or low-performing schools; and
       ``(C) recruit and retain teachers and leaders in rural and 
     remote areas.
       ``(b) State Grantees.--A State educational agency that is a 
     grantee under this part shall use its grant funds for 
     activities to--
       ``(1) modify State policies and practices, as needed, to 
     enable local educational agencies to carry out their 
     activities under subsection (a);
       ``(2) develop and implement improvements to the State's 
     certification or licensure requirements, which shall include 
     using teacher and principal evaluation results in 
     certification or licensure decisions (such as by making them 
     a significant factor in the granting of a full certification 
     or license); and
       ``(3) implement a human capital system, including pre-
     service programs providing teachers and principals to schools 
     within the State, that increases the numbers of highly 
     effective teachers and principals, particularly in high-need 
     schools by--
       ``(A) identifying, recruiting, training, hiring, and 
     placing individuals who are or are most likely to be highly 
     effective teachers and principals;
       ``(B) distributing highly effective teachers and principals 
     strategically to high need schools;
       ``(C) providing highly effective teachers and principals 
     with support and development opportunities focused on 
     increasing student achievement; and
       ``(D) retaining highly effective teachers and principals 
     over time by creating school environments that enable 
     excellent teaching including through strategies such as 
     distributed leadership, time for collaboration and

[[Page 11899]]

     use of student data for internal professional development.

                      ``PART C--GENERAL PROVISIONS

     ``SEC. 2301. PROHIBITION AGAINST INTERFERENCE WITH STATE AND 
                   LOCAL LAWS AND AGREEMENTS.

       ``Nothing in this title shall be construed to alter or 
     otherwise affect the rights, remedies, and procedures 
     afforded to school or local educational agency employees 
     under Federal, State, or local laws (including applicable 
     regulations or court orders as well as requirements that 
     local educational agencies negotiate and or meet and confer 
     in good faith) or under the terms of collective bargaining 
     agreements, memoranda of understanding, or other agreements 
     between such employers and their employees.

     ``SEC. 2302. PROTECTING THE INTEGRITY OF EVALUATION SYSTEMS.

       ``No State or local educational agency receiving funding 
     under this title shall publicly report personally 
     identifiable information included in an individual teacher or 
     principal evaluation, including information that can be used 
     to distinguish an individual's identity when combined with 
     other personal or identifying information.''.

     SEC. 202. HEA CONFORMING AMENDMENTS.

       (a) Qualified Teacher.--The Higher Education Act of 1965 
     (20 U.S.C. 1001 et seq.) is amended--
       (1) in section 200 (20 U.S.C. 1021)--
       (A) by amending paragraph (13) to read as follows:
       ``(13) Qualified.--The term `qualified' has the meaning 
     given the term `qualified teacher' in section 2002(5), as 
     amended by section 201 of the Student Success Act.
       ``(B) in paragraph (17)(B)(ii), by striking `highly 
     qualified' and inserting `qualified'; and
       ``(C) in paragraph (22)(D)(i), by striking `highly 
     qualified' and inserting `qualified'.'';
       (2) in section 201(3) (20 U.S.C. 1022(3)), by striking 
     ``highly qualified teachers'' and inserting ``qualified 
     teachers'';
       (3) in section 202 (20 U.S.C. 1022)--
       (A) in subsection (b)(6)(H), by striking ``highly qualified 
     teachers'' and inserting ``qualified teachers'';
       (B) in subsection (d)--
       (i) in paragraph (1)--

       (I) in subparagraph (A)(i)(I), by striking ``highly 
     qualified'' and inserting ``qualified''; and
       (II) in subparagraph (B)(iii), by striking ``highly 
     qualified'' and inserting ``qualified''; and

       (ii) in paragraph (5), by striking ``highly qualified 
     teachers'' and inserting ``qualified teachers''; and
       (C) in subsection (e)(2)(C)(iii)(IV), by striking ``highly 
     qualified teacher, as defined in section 9101,'' and 
     inserting ``qualified teacher, as defined in section 2002(5), 
     as amended by section 201 of the Student Success Act'';
       (4) in section 204(a)(4) (20 U.S.C. 1022c) by striking 
     ``highly qualified teachers'' each place it appears and 
     inserting ``qualified teachers'';
       (5) in section 205(b)(1)(I) (20 U.S.C. 1022d(b)(1)(I)), by 
     striking ``highly qualified teachers'' and inserting 
     ``qualified teachers'';
       (6) in section 207(a)(1) (20 U.S.C. 1022f(a)(1)), by 
     striking ``highly qualified teachers'' and inserting 
     ``qualified teachers'';
       (7) in section 208(b) (20 U.S.C. 1022g(b)), by striking 
     ``highly qualified'' each place it appears and inserting 
     ``qualified'';
       (8) in section 242(b) (20 U.S.C. 1033a), by striking 
     ``highly qualified'' each place it appears and inserting 
     ``qualified'';
       (9) in section 251(b) (20 U.S.C. 1034(b)), by striking 
     ``highly qualified'' each place it appears and inserting 
     ``qualified''; and
       (10) in section 258(d)(1) (20 U.S.C. 1036(d)(1)), by 
     striking ``highly qualified'' and inserting 
     ``qualified''.such partner institution.
       (c) Definitions.--Section 200 of the Higher Education Act 
     of 1965 (20 U.S.C. 1021) is amended--
       (1) by amending paragraph (6) to read as follows:
       ``(6) Eligible partnership.--Except as otherwise provided 
     in section 251, the term `eligible partnership' means an 
     entity that--
       ``(A) shall include--
       ``(i) a high-need local educational agency;
       ``(ii)(I) a high-need school or a consortium of high-need 
     schools served by the high-need local educational agency; or
       ``(II) as applicable, a high-need early childhood education 
     program; or
       ``(iii)(I) the following entities--

       ``(aa) a partner institution.
       ``(bb) a school, department, or program of education within 
     such partner institution, which may include an existing 
     teacher professional development program with proven outcomes 
     within a 4-year institution of higher education that provides 
     intensive and sustained collaboration between faculty and 
     local educational agencies consistent with the requirements 
     of this title; and
       ``(cc) a school or department of arts and sciences within 
     such partner institution; or

       ``(II) an entity operating a program that provides 
     alternative routes to State certification of teachers that 
     has a teacher preparation program--

       ``(aa) whose graduates exhibit strong performance on State-
     determined qualifying assessments for new teachers through 
     demonstrating that 80 percent or more of the graduates of the 
     program who intend to enter the field of teaching have passed 
     all of the applicable State qualification assessments for new 
     teachers, which shall include an assessment of each 
     prospective teacher's subject matter knowledge in the content 
     area in which the teacher intends to teach; and
       ``(bb) that requires each student in the program to meet 
     high academic standards or demonstrate a record of success, 
     as determined by the institution (including prior to entering 
     and being accepted into a program), and participate in 
     intensive clinical experience, and each student in the 
     program is preparing to become a qualified teacher; and

       ``(B) may include any of the following:
       ``(i) The Governor of the State.
       ``(ii) The State educational agency.
       ``(iii) The State board of education.
       ``(iv) The State agency for higher education.
       ``(v) A business.
       ``(vi) A public or private nonprofit educational 
     organization.
       ``(vii) An educational service agency.
       ``(viii) A teacher organization.
       ``(ix) A high-performing local educational agency, or a 
     consortium of such local educational agencies, that can serve 
     as a resource to the partnership.
       ``(x) A charter school (as defined in section 5210).
       ``(xi) A school or department within a partner institution 
     that focuses on psychology and human development.
       ``(xii) A school or department within a partner institution 
     with comparable expertise in the disciplines of teaching, 
     learning, and child and adolescent development.
       ``(xiii) An entity operating a program that provides 
     alternative routes to State certification of teachers.
       ``(xiv) A school, department, or program of education 
     within a partner institution.
       ``(xv) A school or department of arts and sciences within a 
     partner institution.'';
       (2) by amending paragraph (10) to read as follows:
       ``(10) High-need local educational agency.--The term 
     ``high-need local educational agency has the meaning given 
     such term in section 2002(4), as amended by section 201 of 
     the Student Success Act.'';
       (3) by amending paragraph (14) to read as follows:
       ``(14) Induction program.--The term `induction program' has 
     the meaning given the term `induction' in section 2002(6), as 
     amended by section 201 of the Student Success Act.''; and
       (4) by amending paragraph (21) to read as follows:
       ``(21) Teacher mentoring.--The term `teacher mentoring' has 
     the meaning given the term `mentoring' in section 2002(7), as 
     amended by section 201 of the Student Success Act.''.
       (d) Purpose.--Section 201 of the Higher Education Act of 
     1965 (20 U.S.C. 1022) is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period and inserting ``; and'' at the 
     end of paragraph (4); and
       (3) by inserting at the end the following:
       ``(5) improve teacher effectiveness.''.
       (e) Partnership Grants.--Section 202 of the Higher 
     Education Act of 1965 (20 U.S.C. 1022a) is amended--
       (1) in subsection (b)(6)--
       (A) in subparagraph (E)(ii), by striking ``student 
     academic'' and inserting ``college-and-career ready student 
     academic'';
       (B) in subparagraph (H)--
       (i) in the matter preceding clause (i), by inserting ``or 
     alternative route entity'' after ``partner institution'';
       (ii) in clause (i), by striking ``that incorporate'' and 
     all that follows through ``instruction'' and inserting 
     ``consistent with part A of title IV of the Elementary and 
     Secondary Education Act of 1965'';
       (iii) in clause (i), insert ``and other educators, 
     including mutli-tiered systems of support and universal 
     design for learning, as described in section 5429(b)(21)'' 
     after ``secondary school teachers'';
       (iv) in clause (ii), insert `` and writing instruction'' 
     after ``reading''; and
       (v) after clause (ii) insert the following:
       ``(iii) provide high-quality professional development 
     activities to strengthen the instructional and leadership 
     skills of elementary school and secondary school principals 
     and district superintendents, if the partner institution has 
     a principal preparation program;'';
       (C) by redesignating subparagraphs (I) through (K) as 
     subparagraphs (J) through (L), respectively; and
       (D) by inserting after subparagraph (H), the following:
       ``(I) how the partnership will prepare teachers to use data 
     to analyze student performance and adjust teaching practices 
     to improve student achievement;''; and
       (2) in subsection (d)(6)(A), by striking ``that incorporate 
     the essential components of literacy instruction'' and 
     inserting ``aligned with part A of title IV of the Elementary 
     and Secondary Education Act of 1965''.
       (f) Administrative Provisions.--Section 203(b)(2)(A) of the 
     Higher Education Act of 1965 (20 U.S.C. 1022b(b)(2)(A)) is 
     amended by inserting ``or alternative route entity'' after 
     ``institution of higher education

[[Page 11900]]

       (g) Accountability and Evaluation.--Section 204(a) of the 
     Higher Education Act of 1965 (20 U.S.C. 1022c) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2), the following:
       ``(3) teachers rated as at least effective by a teacher 
     evaluation system that meets the requirements of section 
     2112(b)(1), as amended by section 201 of the Student Success 
     Act;''.
       (h) Information on Preparation Programs.--Section 205(b)(1) 
     of the Higher Education Act of 1965 (20 U.S.C. 1022d(b)) is 
     amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``teacher preparation program'' and inserting ``teacher and 
     school leader preparation program''; and
       (2) by adding at the end the following:
       ``(M) Within 3 years of the date of enactment of the 
     Student Success Act, information on the impact of each 
     program's graduates on the student achievement of the 
     students that such graduates teach, if that information is 
     available.
       ``(N) The percentage of each program's graduates who teach 
     in a high-need school.
       ``(O) The percentage of each program's graduates who are 
     prepared to teach a high-need subject.
       ``(P) The percentage of each program's graduates who become 
     effective and highly effective teachers or principals 
     according to such graduates' ratings by the local educational 
     agency's teacher evaluation system that meets the 
     requirements of section 2112(b)(1) of the Elementary and 
     Secondary Education Act of 1965, as amended by section 201 of 
     the Student Success Act.
       ``(Q) The 3-year retention rate of each program's graduates 
     who become effective and highly effective teachers or 
     principals according to such graduates' ratings by such 
     system.''.

  TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND 
                           IMMIGRANT STUDENTS

     SEC. 301. LANGUAGE INSTRUCTION.

       Title III (20 U.S.C. 6801 et seq.) is amended--
       (1) in section 3001, by striking ``fiscal year 2002'' and 
     inserting ``fiscal year 2014'' each place it appears;
       (2) by striking ``No Child Left Behind Act of 2001'' and 
     inserting ``Student Success Act'' each place it appears;
       (3) in section 3244, by striking ``2002 through 2008'' and 
     inserting ``2014 through 2020'';
       (4) by striking ``adequate yearly progress'' and inserting 
     ``progress'' each place it appears;
       (5) in sections 3102(8)(B), 3113(b)(5)(B), and 
     3116(b)(3)(B), by striking ``, as described in section 
     1111(b)(2)(B)'';
       (6) in section 3122(a)(3)(A)(iii), by striking ``as 
     described in section 1111(b)(2)(B)'';
       (7) by repealing section 3122;
       (8) in section 3111(b)(2)(D), by striking ``annual 
     measurable achievement objectives pursuant to section 3122'' 
     and inserting ``performance targets described in section 
     1111(c)'';
       (9) in sections 3113(b), 3116(b), 3121(d)(3), and 3302(b), 
     by striking ``annual measurable achievement objectives 
     described in section 3122'' and inserting ``performance 
     targets described in section 1111(c)'' each place it appears;
       (10) in section 3122, by striking ``annual measurable 
     achievement objectives'' and inserting ``performance 
     targets'' each place it appears;
       (11) by striking ``section 1111(b)(7)'' and inserting 
     ``section 1111(b)(3)(F)'' each place it appears; and
       (12) by striking ``section 1111(b)(1)'' and inserting 
     ``section 1111(b)(4)'' each place it appears.

                     TITLE IV--21ST CENTURY SCHOOLS

     SEC. 401. 21ST CENTURY SCHOOLS.

       Title IV (20 U.S.C. 7101 et seq.) is amended to read as 
     follows:

                    ``TITLE IV--21ST CENTURY SCHOOLS

              ``Part A--21st Century Learning Partnerships

     ``SEC. 4001. PURPOSE.

       ``The purpose of this part is to provide opportunities for 
     communities to establish or expand activities through 
     learning partnerships that--
       ``(1) provide opportunities for academic enrichment, 
     increased academic achievement, and student success in 
     schools by providing students with additional learning time 
     for more expansive, relevant and rigorous learning 
     opportunities, including opportunities to catch students up 
     in their coursework, and help students accelerate their 
     learning;
       ``(2) provide a broad array of additional services, 
     programs and activities for a well-rounded education, 
     including youth development activities, art, music, outdoor 
     and recreation programs, technology education programs, and 
     character education programs that are designed to reinforce 
     and compliment the regular academic program for participating 
     students;
       ``(3) provide teachers and staff in learning partnerships 
     with increased opportunities to work collaboratively, and to 
     participate in professional planning and professional 
     development, within and across grades and subjects to improve 
     teaching and learning;
       ``(4) provide students with safe learning environments and 
     additional resources to increase student engagement in 
     school; and
       ``(5) offer families of students served by partnerships 
     opportunities for literacy development and related 
     educational development.

     ``SEC. 4002. ALLOTMENT TO STATES.

       ``(a) Reservation.--From the funds appropriated under 
     section 4009 for any fiscal year, the Secretary shall reserve 
     not more than 1 percent for payments to the outlying areas 
     and the Bureau of Indian Affairs, to be allotted in 
     accordance with their respective needs for assistance under 
     this part, as determined by the Secretary, to enable the 
     outlying areas and the Bureau to carry out the purpose of 
     this part.
       ``(b) State Allotments.--
       ``(1) Determination.--From the funds appropriated under 
     section 4009 for any fiscal year and remaining after the 
     Secretary makes reservations under subsection (a), the 
     Secretary shall allot to each State for the fiscal year an 
     amount that bears the same relationship to the remainder as 
     the amount the State received under subpart 2 of part A of 
     title I for the preceding fiscal year bears to the amount all 
     States received under that subpart for the preceding fiscal 
     year, except that no State shall receive less than an amount 
     equal to one-half of 1 percent of the total amount made 
     available to all States under this subsection.
       ``(2) Reallotment of unused funds.--If a State does not 
     receive an allotment under this part for a fiscal year, the 
     Secretary shall reallot the amount of the State's allotment 
     to the remaining States in accordance with this subsection.

     ``SEC. 4003. STATE ACTIVITIES.

       ``(a) In General.--A State educational agency may use not 
     more than 5 percent of the amount made available to the State 
     under section 4002(b) for--
       ``(1) the administrative costs of carrying out its 
     responsibilities under this part; and
       ``(2) providing technical assistance as described in 
     subsection (b) to learning partnerships;
       ``(b) Technical Assistance.--
       ``(1) In general.--The technical assistance described in 
     this paragraph includes the following:
       ``(A) Assisting learning partnerships who are prioritized 
     in section 4005(g) including rural and urban schools by--
       ``(i) informing those learning partnerships that are 
     prioritized in section 4005(g) that they have a priority for 
     competing for grants under section 4005;
       ``(ii) providing technical assistance to the learning 
     partnership for the development of the applications described 
     in section 4005(b), including assisting the learning 
     partnership in identifying which elementary schools and 
     secondary schools to serve;
       ``(iii) providing technical assistance to the learning 
     partnership if they do not receive a grant under section 4005 
     so that they may re-compete in following competitions;
       ``(B) Assisting each learning partnership that receives an 
     award under section 4005 to plan and implement additional 
     learning time with such funds, including assisting the 
     learning partnership in--
       ``(i) determining how to implement additional learning time 
     in the schools the learning partnership intends to serve 
     based on the results of the needs assessment described in 
     section 4005(b)(2)(C)(i);
       ``(ii) identifying additional community partners, which may 
     include multicounty public entities, and resources that may 
     be utilized to implement the additional learning time;
       ``(iii) strengthening the existing partnerships of the 
     learning partnership, identifying appropriate roles for each 
     of the partners in the implementation of additional learning 
     time in schools served by the learning partnership, and 
     ensuring that the partnership is effective in maintaining 
     strong communication, information sharing, and joint planning 
     and implementation;
       ``(C) Identifying best practices for professional 
     development for teachers and staff in learning partnerships 
     receiving funding under this part to implement the authorized 
     activities described in section 4006.
       ``(D) Identifying best practices for using additional 
     learning time to improve academic enrichment, and student 
     academic achievement in schools, and providing technical 
     assistance to the learning partnership in using such best 
     practices to implement and improve additional learning time 
     initiatives.
       ``(E) Providing guidance on how to provide programs that 
     are age appropriate and address the varying needs of students 
     in elementary (including preschool), middle, and diploma 
     granting schools.
       ``(2) Subgrants for technical assistance.--A State 
     educational agency may use a portion of the funds described 
     in paragraph (1) to award subgrants to entities including 
     intermediaries, educational service agencies or other public 
     entities with demonstrated expertise in additional learning 
     time capacity building, or evaluation to carry out the 
     technical assistance described in subparagraph (A).

[[Page 11901]]



     ``SEC. 4004. STATE APPLICATION.

       ``(a) In General.--In order to receive an allotment under 
     section 4002(b) for any fiscal year, a State educational 
     agency shall submit to the Secretary, at such time and in 
     such manner as the Secretary may require, an application 
     that--
       ``(1) designates the State educational agency as the agency 
     responsible for the administration and supervision of 
     programs assisted under this part;
       ``(2) describes how the State educational agency will use 
     funds received under this part, including funds reserved for 
     State-level activities;
       ``(3) contains an assurance that the State educational 
     agency, in making awards under section 4005, will give 
     priority to learning partnerships that propose to serve--
       ``(A) students attending schools in need of improvement and 
     persistently low-achieving schools;
       ``(B) schools with a high number or percentage of students 
     that are eligible for free or reduced price lunch under the 
     Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.);
       ``(4) describes the peer review process as described in 
     section 4005(e) and the selection criteria the State 
     educational agency will use to evaluate applications from, 
     and select, learning partnerships to receive awards under 
     section 4005;
       ``(5) describes the steps the State educational agency will 
     take to ensure that activities and programs carried out by 
     learning partnerships using such awards--
       ``(A) implement evidence-based strategies; and
       ``(B) ensure learning partnerships have the capacity to 
     implement high-quality additional learning time activities 
     that are different from methods which have been proven 
     ineffective during the regular school day;
       ``(6) describes how the State educational agency will use 
     the indicators under section 4007(a)(3) to measure the 
     performance, on an annual basis, of learning partnerships, 
     and
       ``(A) use outcomes from multiple indicators and not rely on 
     one indicator in isolation; and
       ``(B) provide ongoing technical assistance and training and 
     dissemination of promising practices;
       ``(7) provides an assurance that the State educational 
     agency will set up a process to allow learning partnerships 
     who receive an award under section 4005 and who operate a 
     proven and effective program based on the measures of 
     performance described in paragraph (6) to recompete in their 
     last year of funding for an additional 5-year cycle;
       ``(8) describes how the State educational agency will, to 
     the extent practicable, distribute funds under this part 
     equitably among geographic areas within the State, including 
     urban and rural areas;
       ``(9) includes information identifying the per-pupil 
     funding amount range the State educational agency will use to 
     ensure that awards made under section 4005 are of sufficient 
     size and scope to carry out the purposes of the award,
       ``(10) includes an assurance that in determining award 
     amounts in accordance with paragraph (9), the State 
     educational agency shall take into consideration--
       ``(A) diverse geographical areas; and
       ``(B) the quality of activities and programs proposed by 
     learning partnerships applying for such awards;
       ``(11) provides an assurance that the application will be 
     developed in consultation and coordination with appropriate 
     State officials, including the chief State school officer, 
     and other State agencies administering additional learning 
     time, the heads of the State health and mental health 
     agencies or their designees, teachers, parents, students, the 
     business community, and community-based organizations;
       ``(12) describes how activities and programs carried out by 
     the learning partnerships under this part will be coordinated 
     with programs under this Act, and other programs as 
     appropriate;
       ``(13) describes how the State educational agency will 
     provide a fair and transparent competition for learning 
     partnerships that apply for grant funds under section 
     4005(b);
       ``(14) provides an assurance that the State educational 
     agency in determining grant awards to learning partnerships 
     will award grants based solely on the quality of the 
     application in relationship to the needs identified by the 
     learning partnership through the needs assessment described 
     in section 4005(b)(2)(C)(i); and
       ``(15) provides for timely public notice of intent to file 
     an application and an assurance that the application will be 
     available for public review after submission.
       ``(b) Deemed Approval.--An application submitted by a State 
     educational agency pursuant to subsection (a) shall be deemed 
     to be approved by the Secretary unless the Secretary makes a 
     written determination, prior to the expiration of the 120-day 
     period beginning on the date on which the Secretary received 
     the application, that the application is not in compliance 
     with this part.
       ``(c) Disapproval.--The Secretary shall not finally 
     disapprove the application, except after giving the State 
     educational agency notice and opportunity for a hearing.
       ``(d) Notification.--If the Secretary finds that the 
     application is not in compliance, in whole or in part, with 
     this part, the Secretary shall--
       ``(1) give the State educational agency notice and an 
     opportunity for a hearing; and
       ``(2) notify the State educational agency of the finding of 
     noncompliance, and, in such notification, shall--
       ``(A) cite the specific provisions in the application that 
     are not in compliance; and
       ``(B) request additional information, only as to the 
     noncompliant provisions, needed to make the application 
     compliant.
       ``(e) Response.--If the State educational agency responds 
     to the Secretary's notification described in subsection 
     (d)(2) during the 45-day period beginning on the date on 
     which the agency received the notification, and resubmits the 
     application with the requested information described in 
     subsection (d)(2)(B), the Secretary shall approve or 
     disapprove such application prior to the later of--
       ``(1) the expiration of the 45-day period beginning on the 
     date on which the application is resubmitted; or
       ``(2) the expiration of the 120-day period described in 
     subsection (b).
       ``(f) Failure to Respond.--If the State educational agency 
     does not respond to the Secretary's notification described in 
     subsection (d)(2) during the 45-day period beginning on the 
     date on which the agency received the notification, such 
     application shall be deemed to be disapproved.

     ``SEC. 4005. LOCAL COMPETITIVE GRANT PROGRAM.

       ``(a) In General.--Each State that receives an allotment 
     under this part shall reserve not less than 95 percent of the 
     amount allotted to such State under section 4002(b), for each 
     fiscal year for awards to learning partnerships under this 
     section.
       ``(b) Application.--
       ``(1) In general.--To be eligible to receive an award under 
     this part, a learning partnership shall submit an application 
     to the State educational agency at such time, in such manner, 
     and including such information as the State educational 
     agency may reasonably require.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall include the following:
       ``(A) Implementation plan.--A description of the planning 
     activities that will be conducted during the planning phase, 
     if applicable, that shall include a budget for the planning 
     activities;
       ``(B) Roles and responsibilities.--A description of the 
     learning partnership and the roles and responsibilities of 
     each of the partners of the learning partnership.
       ``(C) Additional learning time activities.--A description 
     of--
       ``(i) the activities that will be carried out by the 
     learning partnership during the additional learning time 
     based solely on the learning partnership's determination of 
     the results of a needs assessment that considers--

       ``(I) school-wide needs, including planning time and 
     instructional time for teachers and staff in the learning 
     partnership;
       ``(II) individual student learning needs;
       ``(III) school and student safety; and
       ``(IV) the number of additional hours (during the regular 
     school day or outside of the regular school day, as 
     applicable) needed for supervised student enrichment, 
     determined through school, family, and community input;

       ``(ii) a description of how the learning partnership will 
     align the activities described in this subparagraph with--

       ``(I) school improvement plans developed and implemented 
     pursuant to section 1116, if applicable;
       ``(II) academic instruction that occurs during the regular 
     school day at the school proposed to be served by the 
     learning partnership; and
       ``(III) in the case of a learning partnership implementing 
     additional learning time as described in section 4008(2)(B), 
     school improvement efforts supported by other programs under 
     this Act and other relevant State and local programs;

       ``(iii) the anticipated number of hours of additional 
     learning time the average student will receive and how the 
     number of hours are appropriate based on the needs assessment 
     described in clause (i) and the requirements of (ii);
       ``(iv) the grade or grade spans (including preschool) to be 
     served by the learning partnerships using award funds;
       ``(v) how students participating in the activities will 
     travel safely to and from the additional learning time center 
     and home, as applicable; and
       ``(vi) a description of how the learning partnership will 
     ensure that staff employed by the learning partnership will 
     coordinate to develop and implement activities described in 
     this subparagraph using, in part, the data described in 
     subparagraph (F).
       ``(D) Selection of schools.--A description of the process, 
     considerations, and criteria the learning partnership will 
     use to select schools to implement additional learning time 
     programs and activities that shall take into account the 
     priorities described in section 4005(g);
       ``(E) Facility assurance.--An assurance that the activities 
     described in subparagraph (C) will take place in a safe and 
     easily accessible facility and a description of how the

[[Page 11902]]

     learning partnership will disseminate information about the 
     facility to the parents and community in a manner that is 
     understandable and accessible;
       ``(F) Data sharing.--An assurance that relevant student 
     level data will be shared within the learning partnership 
     consistent with the requirements of section 444 of the 
     General Education Provisions Act so that the activities 
     described in subparagraph (C)(i) are aligned according to 
     subparagraph (C)(ii).
       ``(G) Professional development activities.--A description 
     of how the learning partnership will provide professional 
     development to the staff employed by the learning 
     partnership.
       ``(H) Public resources.--An identification of Federal, 
     State, and local programs that will be combined or 
     coordinated with the additional learning time program to make 
     the most effective use of public resources.
       ``(I) Supplement, not supplant.--An assurance that funds 
     under this section will be used to increase the level of 
     State, local, and other non-Federal funds that would, in the 
     absence of funds under this part, be made available for 
     programs and activities authorized under this part, and in no 
     case supplant Federal, State, local, or non-Federal funds;
       ``(J) Experience.--A description of past performance and 
     record of effectiveness of the community based organization 
     within the partnership in providing the activities described 
     in subparagraph (C).
       ``(K) Continuation after federal funding.--A description of 
     a preliminary plan for how the additional learning time will 
     continue when funding under this part ends.
       ``(L) Capacity.--An assurance that the learning partnership 
     has the capacity to collect the data relevant to the 
     indicators described under section 4007(a)(3).
       ``(M) Notice of intent.--An assurance that the community of 
     the learning partnership will be given notice of an intent to 
     submit an application and that the application and any waiver 
     request will be available for public review after submission 
     of the application.
       ``(N) Other information and assurances.--Such other 
     information and assurances as the State educational agency 
     may reasonably require.
       ``(c) Approval of Certain Applications.--The State 
     educational agency may approve an application under this 
     section for a program to be located in a facility other than 
     an elementary school or secondary school only if the program 
     will be at least as available and accessible to the students 
     to be served as if the program were located in an elementary 
     school or secondary school.
       ``(d) Non-Federal Match.--
       ``(1) In general.--A State educational agency shall require 
     a learning partnership to match funds awarded under this 
     part, except that such match may not exceed the amount of the 
     grant award and may not be derived from other Federal funds.
       ``(2) Sliding scale.--The amount of a match under paragraph 
     (1) shall be established based on a sliding fee scale that 
     takes into account--
       ``(A) the relative poverty of the population to be targeted 
     by the learning partnership; and
       ``(B) the ability of the learning partnership to obtain 
     such matching funds.
       ``(3) In-kind contributions.--Each State educational agency 
     shall permit the community-learning partnership to provide 
     all or any portion of such match in the form of in-kind 
     contributions.
       ``(e) Peer Review.--In reviewing local applications under 
     this section, a State educational agency shall use a peer 
     review process or other methods of assuring the quality of 
     such applications.
       ``(f) Duration of Awards.--Grants under this section may be 
     awarded for a period of 5 years. Learning partnerships that 
     receive funding under this section and who operate a proven 
     and effective program based on the measures of performance 
     established in section 4004(a)(6) shall be allowed to 
     recompete in their last year of funding for an additional 5 
     year grant.
       ``(g) Priority.--In awarding grants under this part, a 
     State educational agency shall give priority to applications 
     proposing to target services to--
       ``(1) students (including preschool students) who attend 
     schools in need of improvement and persistently low-achieving 
     schools; and
       ``(2) learning partnerships that propose to serve schools 
     with a high percentage or number of students that are 
     eligible for free and reduced price lunch under the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1751 et 
     seq.);

     ``SEC. 4006. LOCAL ACTIVITIES.

       ``(a) Authorized Activities.--
       ``(1) In general.--Each learning partnership that receives 
     an award under section 4005 shall use the award funds to 
     implement additional learning time activities that are 
     consistent with section 4005(b)(2).
       ``(2) Planning period.--Each learning partnership may use 
     funds under this section for a planning period of not longer 
     than 6 months to develop an implementation plan described in 
     section 4005(b)(2)(A) to carry out the additional learning 
     time activities.

     ``SEC. 4007. REPORTING.

       ``(a) Report by Learning Partnerships.--Each learning 
     partnership shall, not later than 1 year after the first day 
     of the first school year in which the additional learning 
     time is implemented, prepare and submit to the State 
     educational agency a report--
       ``(1) containing a detailed description of the additional 
     learning time activities that were carried out under this 
     part;
       ``(2) with respect to each school served by the 
     partnership--
       ``(A) on the actual expenses associated with, carrying out 
     the additional learning time programs and activities in the 
     first school year; and
       ``(B) a description of how the additional learning time 
     programs and activities were implemented and whether such 
     programs and activities were carried out during non-school 
     hours or periods when school is not in session or added to 
     expand the school day, school week, or school year schedule; 
     and
       ``(3) containing measures of performance, aggregated and 
     disaggregated, on the following indicators--
       ``(A) student academic achievement as measured by--
       ``(i) high-quality State academic assessments; and
       ``(ii) student growth in accordance with student growth 
     standards;
       ``(B) for diploma granting schools served by the learning 
     partnerships, graduation rates;
       ``(C) student attendance;
       ``(D) performance on a set of comprehensive school 
     performance indicators that may include--
       ``(i) as appropriate, rate of earned on-time promotion from 
     grade-to-grade;
       ``(ii) for high schools served by the learning 
     partnerships, the percentage of students taking a college 
     preparatory curriculum, or student rates of enrollment, 
     persistence, and attainment of an associate or baccalaureate 
     degree;
       ``(iii) the percentage of student suspensions and 
     expulsions;
       ``(iv) indicators of school readiness for entering 
     kindergartners;
       ``(v) evidence of increased parent and family engagement 
     and support for children's learning;
       ``(vi) evidence of increased student engagement in school, 
     which may include completing of assignments and coming to 
     class prepared;
       ``(vii) evidence of mastery of non-academic skills which 
     may include problem solving, learning to work in teams, and 
     social and civic responsibility;
       ``(viii) improved personal attitude, which may include 
     initiative, self-confidence, self-esteem and sense of self-
     efficacy; and
       ``(ix) development of social skills, which may include 
     behavior, communication, relationships with peers and adults.
       ``(b) Report by State Educational Agency.--A State 
     Educational Agency that receives funds under this part shall 
     annually prepare and submit to the Secretary a report that 
     contains all reports submitted by learning partnerships under 
     the jurisdiction of the agency, aggregated and disaggregated, 
     provided under subsection (a).
       ``(c) Publication and Availability of the Report.--The 
     Secretary shall publish and make widely available to the 
     public, including through a website or other means, a summary 
     of the reports received under subsection (b).

     ``SEC. 4008. DEFINITIONS.

       ``In this part:
       ``(1) Learning partnership.--The term `learning 
     partnership' means--
       ``(A) a local educational agency, a consortium of local 
     educational agencies, or an educational service agency and 
     one or more local educational agencies, in a partnership with 
     1 or more community-based organizations or other public or 
     private entities; or
       ``(B) a community-based organization, or other public or 
     private entity, in a partnership with a local educational 
     agency, a consortium of local educational agencies, or an 
     educational service agency and one or more local educational 
     agencies.
       ``(2) Additional learning time.--The term `additional 
     learning time' means--
       ``(A) time added during non-school hours or periods when 
     school is not in session, such as before or after school or 
     during summer recess for activities that--
       ``(i) provide opportunities for student academic 
     enrichment, including hands-on, experiential and project-
     based learning opportunities for subjects including English, 
     reading or language arts, mathematics, science, foreign 
     languages, civics and government, economics, arts, history, 
     geography, health education, physical education, 
     environmental literacy, and activities such as tutoring and 
     service learning that--

       ``(I) assist students in meeting State and local academic 
     achievement standards in core academic subjects,
       ``(II) use evidence-based skill training approaches and 
     active forms of learning to promote healthy development, and 
     engage students in learning;
       ``(III) align and coordinate with the regular school day 
     and school year curriculum;
       ``(IV) align to school improvement plans developed pursuant 
     to section 1116, as applicable; and
       ``(V) align to the learning needs of individual students at 
     the school served by the learning partnership;

[[Page 11903]]

       ``(ii) provide students with opportunities for personal and 
     social development;
       ``(iii) serve the learning needs and interests of all 
     students, including those who already meet or exceed student 
     academic achievement standards as measured by high-quality 
     State academic assessments, and especially those who may not 
     be achieving at grade level in the traditional classroom 
     setting;
       ``(iv) are developmentally and age appropriate; and
       ``(v) involve a broad group of stakeholders (including 
     educators, parents, students, and community partners) in 
     carrying out additional learning time programs and activities 
     described in this subparagraph; or
       ``(B) time added to expand the school day, school week, or 
     school year schedule, that--
       ``(i) increases the total number of school hours for the 
     school year at a school based on evidence supporting the 
     amount of additional learning time needed to achieve the 
     objectives described in clause (ii);
       ``(ii) is used to redesign the school's program and 
     schedule--

       ``(I) to support innovation in teaching, in order to 
     improve the academic achievement of students aligned to the 
     school improvement plan, if applicable, especially those 
     students who may not be achieving at grade level, in reading 
     or language arts, mathematics, science, history and civics, 
     and other core academic subjects;
       ``(II) to improve the performance of all students, 
     including those students who are struggling to meet college 
     and career ready standards or State early learning standards, 
     as appropriate, and those students who already meet or exceed 
     college and career ready standards as measured by high-
     quality State academic assessments;
       ``(III) for additional subjects and enrichment activities 
     that reflect student interest, connect to effective community 
     partners, and contribute to a well-rounded education, which 
     may include music and the arts, health education, physical 
     education, service learning, and experiential and work-based 
     learning opportunities (such as community service, learning 
     apprenticeships, internships, and job shadowing);
       ``(IV) to advance student learning by providing a learning 
     environment and supporting learning activities that engage 
     students, develop social skills, and cultivate positive 
     personal attitude; and
       ``(V) for teachers and staff in learning partnerships to 
     collaborate, and plan, within and across grades and subjects;

       ``(iii) provides school-wide services that are--

       ``(I) aligned to school improvement plans developed 
     pursuant to section 1116, as applicable; and
       ``(II) aligned to individual student achievement needs as 
     identified by the school-site staff at the school served by 
     the community-learning partnership; and

       ``(iv) involve a broad group of stakeholders (including 
     educators, parents, students and community partners) in 
     planning and carrying out additional learning time programs 
     and activities described in this subparagraph.

     ``SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $1,200,000,000 for fiscal year 2014 and such sums as may 
     be necessary for each succeeding fiscal year.

    ``Part B--Grants to Support Student Safety, Health, and Success

     ``SEC. 4201. PURPOSE.

       ``The purposes of this part are--
       ``(1) to support local educational agencies and schools in 
     providing comprehensive systems of learning supports to 
     students and their families so that students receive their 
     education in safe environments and graduate from school 
     college and career ready;
       ``(2) to enhance the ability of local educational agencies 
     and schools to leverage resources within schools and within 
     communities to improve instruction, strengthen programs, and 
     identify gaps in existing programs for students;
       ``(3) to ensure the academic, behavioral, emotional, 
     health, mental health, and social needs of all students, 
     including students from low income families, students with 
     disabilities, English learners, and youth who are involved in 
     or who are identified by evidence-based risk assessment 
     methods as being at high risk of becoming involved in 
     juvenile delinquency or criminal street gangs;
       ``(4) to support programs and activities that prevent 
     violence in and around schools (including bullying and 
     harassment), that prevent the illegal use of alcohol, 
     tobacco, and drugs by students, and provide resources to 
     foster a safe and drug-free learning environment to support 
     student academic achievement; and
       ``(5) to enhance partnerships between schools, parents, and 
     communities, and better support family and community 
     engagement in education.

     ``SEC. 4202. RESERVATIONS AND ALLOTMENTS.

       ``(a) In General.--From the amount made available under 
     section 4210 to carry out this part for each fiscal year, the 
     Secretary--
       ``(1) shall reserve 1 percent of such amount for grants to 
     Guam, American Samoa, the United States Virgin Islands, to be 
     allotted in accordance with the Secretary's determination of 
     their respective needs and to carry out programs described in 
     this part; and
       ``(2) shall reserve 1 percent of such amount for the 
     Secretary of the Interior to carry out programs described in 
     this part for Indian youth.
       ``(b) State Allotments.--Except as provided in subsection 
     (a), the Secretary shall, for each fiscal year, allot among 
     the States--
       ``(1) one-half of the remainder not reserved under 
     subsection (a) according to the ratio between the school-aged 
     population of each State and the school-aged population of 
     all the States; and
       ``(2) one-half of such remainder according to the ratio 
     between the amount each State received under section 1124A 
     for the preceding year and the sum of such amounts received 
     by all the States.
       ``(c) Minimum.--For any fiscal year, no State shall be 
     allotted under this subsection an amount that is less than 
     one-half of 1 percent of the total amount allotted to all the 
     States under this subsection.
       ``(d) Reallotment of Unused Funds.--
       ``(1) Reallotment for failure to apply.--If any State does 
     not apply for an allotment under this part for a fiscal year, 
     the Secretary shall reallot the amount of the State's 
     allotment to the remaining States in accordance with this 
     section.
       ``(2) Reallotment of unused funds.--The Secretary may 
     reallot any amount of any allotment to a State if the 
     Secretary determines that the State will be unable to use 
     such amount within 2 years of such allotment. Such 
     reallotments shall be made on the same basis as allotments 
     are made under subsection (b).

     ``SEC. 4203. STATE APPLICATIONS.

       ``(a) Application.--To receive a grant under this part, a 
     State educational agency shall submit to the Secretary an 
     application at such time and in such manner as the Secretary 
     may require, and containing the information described in 
     subsection (b).
       ``(b) Contents.--Each application submitted under 
     subsection (a) shall include the following:
       ``(1) An assurance that the State educational agency will 
     review existing resources and programs across the State and 
     coordinate any new plans and resources under this part with 
     such existing programs and resources.
       ``(2) A description of how the State educational agency 
     will identify and eliminate State barriers to the 
     coordination and integration of programs, initiatives, and 
     funding streams so that local educational agencies can 
     provide comprehensive continuums of learning supports.
       ``(3) A description of the State educational agency's 
     comprehensive school safety plan, which shall address 
     bullying and harassment, provide for evidence-based and 
     promising practices related to juvenile delinquency and 
     criminal street gang activity prevention and intervention, 
     address school-sponsored, off-premises, overnight field 
     trips, disaster preparedness, and crisis and emergency 
     management; and any other issues determined necessary by the 
     State educational agency (existing plans may be used to 
     satisfy the requirements of this section if such existing 
     plans include the information required by this section, or 
     can be modified to do so, and are submitted to the Secretary 
     with such modifications) which--
       ``(A) shall be submitted to the Secretary not later than 1 
     year after the enactment of the Student Success Act;
       ``(B) shall be developed in consultation with public safety 
     and community partners, including police, fire, emergency 
     medical services, emergency management agencies, parents, and 
     other such organizations;
       ``(C) shall be made available to the public in a manner 
     that is understandable and accessible; and
       ``(D) the State educational agency shall require all local 
     educational agencies to adopt the plan within 1 year of 
     approval (existing plans may be used to satisfy the 
     requirements of this section if such existing plans are 
     approved by the State educational agency and include the 
     information required by this section, or can be modified to 
     do so).
       ``(4) A description of how grant funds will be used to 
     identify best practices for professional development for 
     sustainable comprehensive program development.
       ``(5) A description of how the State educational agency 
     will monitor the implementation of activities under this 
     part, and provide technical assistance to local eligible 
     entities.
       ``(6) A description of how the State educational agency 
     will ensure subgrants to eligible entities will facilitate 
     school-community planning and effective service coordination, 
     integration, and provision at the local level to achieve high 
     performance standards based on the system developed in 
     paragraph (7).
       ``(7) A description of how the State educational agency 
     will develop a system for reporting and measuring eligible 
     entity performance, and assist eligible entities in 
     developing and implementing systems for measuring performance 
     based on the indicators in section 4208(a)(3).
       ``(8) An assurance that the State educational agency will 
     set up a process to allow local eligible entities who receive 
     an award under section 4206 and who operate a proven

[[Page 11904]]

     and effective program based on the measures of performance 
     described in paragraph (7) to recompete in their last year of 
     funding for an additional 5-year cycle.
       ``(9) A description of the steps the State educational 
     agency will take to ensure that activities and programs 
     carried out by local eligible entities will implement 
     evidence based strategies.
       ``(10) A description of how the number of youth involved in 
     juvenile delinquency and criminal justice systems will not 
     increase as a results of activities funded under this grant.
       ``(c) Approval Process.--
       ``(1) Deemed approval.--An application submitted by a State 
     pursuant to this section shall undergo peer review by the 
     Secretary and shall be deemed to be approved by the Secretary 
     unless the Secretary makes a written determination, prior to 
     the expiration of the 120-day period beginning on the date on 
     which the Secretary received the application, that the 
     application is not in compliance with this subpart.
       ``(2) Disapproval.--The Secretary shall not finally 
     disapprove the application, except after giving the State 
     educational agency and the chief executive officer of the 
     State notice and an opportunity for a hearing.
       ``(3) Notification.--If the Secretary finds that the 
     application is not in compliance, in whole or in part, with 
     this subpart, the Secretary shall--
       ``(A) give the State educational agency and the chief 
     executive officer of the State notice and an opportunity for 
     a hearing; and
       ``(B) notify the State educational agency and the chief 
     executive officer of the State of the finding of 
     noncompliance, and in such notification, shall--
       ``(i) cite the specific provisions in the application that 
     are not in compliance; and
       ``(ii) request additional information, only as to the 
     noncompliant provisions, needed to make the application 
     compliant.
       ``(4) Response.--If the State educational agency and the 
     chief executive officer of the State respond to the 
     Secretary's notification described in paragraph (3)(B) during 
     the 45-day period beginning on the date on which the agency 
     received the notification, and resubmit the application with 
     the requested information described in paragraph (3)(B)(ii), 
     the Secretary shall approve or disapprove such application 
     prior to the later of--
       ``(A) the expiration of the 45-day period beginning on the 
     date on which the application is resubmitted; or
       ``(B) the expiration of the 120-day period described in 
     paragraph (1).
       ``(5) Failure to respond.--If the State educational agency 
     and the chief executive officer of the State do not respond 
     to the Secretary's notification described in paragraph (3)(B) 
     during the 45-day period beginning on the date on which the 
     agency received the notification, such application shall be 
     deemed to be disapproved.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to prohibit local educational agencies or 
     individual schools from incorporating additional elements to 
     the State-developed comprehensive school safety plan to 
     improve student and school safety reflective of the 
     individual agency or school community.

     ``SEC. 4204. STATE USE OF FUNDS.

       ``(a) 95 Percent of Funds.--Each State educational agency 
     that receives a grant under this part shall reserve not less 
     than 95 percent of the grant amount, for each fiscal year to 
     award subgrants to local eligible entities in accordance with 
     section 4206.
       ``(b) 5 Percent of Funds.--A State educational agency shall 
     use not more than 5 percent, of which not more than 1 percent 
     may be used for administration of a grant received under this 
     subpart or may subgrant a portion of such funds to 
     educational service agencies, or other public entities with 
     demonstrated expertise to carry out the following activities:
       ``(1) Identify and eliminate State barriers to the 
     coordination and integration of programs, initiatives, and 
     funding streams so that local educational agencies can 
     provide comprehensive continuums of learning supports.
       ``(2) Assist local eligible entities who are prioritized in 
     section 4205(b) including those eligible entities that plan 
     to serve rural and urban schools by--
       ``(A) informing those local eligible entities that they 
     have a priority for competing for grants;
       ``(B) providing technical assistance to the local eligible 
     entities for the development of the applications described in 
     section 4206;
       ``(C) providing technical assistance to the local eligible 
     entities if they do not receive a grant under section 4206 so 
     that they may recompete in following competitions;
       ``(3) Identify best practices for professional development 
     and capacity building for local educational agencies for the 
     delivery of a comprehensive system of learning supports for 
     teachers, administrators, and specialized instructional 
     support personnel in schools that are served by the eligible 
     entity receiving funding under this part to implement the 
     authorized activities described in section 4207.
       ``(4) Reporting and evaluation activities.

     ``SEC. 4205. GENERAL SUBGRANT REQUIREMENTS.

       ``(a) In General.--A State educational agency shall use 
     grant funds received under this part to award subgrants to 
     eligible entities.
       ``(b) Absolute Priority.--In awarding subgrants to local 
     eligible entities, the State educational agency shall give 
     priority to--
       ``(1) local eligible entities that propose to serve a high 
     percentage or number of students that are eligible for free 
     or reduced price lunch under the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1751 et seq.); and
       ``(2) local eligible entities proposing to serve students 
     who attend schools in need of improvement and persistently 
     low-achieving schools;
       ``(c) Competitive Priority.--In awarding subgrants to local 
     eligible entities, the State educational agency shall give 
     competitive priority to--
       ``(1) in the case of local eligible entities that intend to 
     implement programs described in section 4207(2)(A), local 
     eligible entities that serve schools that implement, or have 
     plans to implement disciplinary policies that are research 
     based and focus on multi-tiered systems of support; and
       ``(2) in the case of eligible entities that intend to 
     implement programs described in section 4207(2)((C), eligible 
     entities proposing to serve geographic areas most in need of 
     these services and that commit to working with local Promise 
     Coordinating Councils.
       ``(d) Duration of Subgrant.--A State educational agency 
     shall award under this part subgrants to eligible local 
     entities for 5 years.
       ``(e) Renewal.--
       ``(1) In general.--A State educational agency may renew a 
     subgrant awarded under this part for a period of 5 years.
       ``(2) Renewal application.--To renew a subgrant, an 
     eligible entity shall submit an application to the Secretary 
     every 5 years as long as the eligible entity can demonstrate 
     that they operate a proven and effective program based on 
     performance on the indicators in section 4208(a)(3).

     ``SEC. 4206. LOCAL ELIGIBLE ENTITY APPLICATION.

       ``(a) In General.--A local eligible entity that seeks a 
     grant under this part shall submit an application to the 
     State at such time, in such manner, and containing such 
     information as the State may require, including the 
     information described in subsection (b).
       ``(b) Contents.--An application submitted under subsection 
     (a) shall include the following:
       ``(1) The results of a comprehensive needs assessment 
     (which shall include incident data, and teacher, parent, or 
     community surveys) and assets assessment which shall include 
     a comprehensive analysis of the following--
       ``(A) the safety of the schools served by the local 
     eligible entity (which shall include a comprehensive analysis 
     of incidents and prevalence of bullying and harassment at 
     schools served by the local eligible entity);
       ``(B) the incidence and prevalence of drug, alcohol and 
     substance abuse at schools served by the local eligible 
     entity;
       ``(C) the needs of youth in the community with respect to 
     evidence-based and promising practices related to juvenile 
     delinquency and criminal street gang activity prevention and 
     intervention, including an assessment of the number of youth 
     who are involved or at-risk of involvement in juvenile 
     delinquency and criminal street gang activity and the number 
     of chronically truant youth;
       ``(D) the number of specialized instructional support 
     personnel employed by schools served by the local eligible 
     entity and the services provided by those personnel;
       ``(E) the prevalence of student health (including mental 
     health, physical fitness, and nutrition) needs at schools 
     served by the local eligible entity;
       ``(F) existing programs and services intended to provide a 
     comprehensive system of support within schools served by 
     local eligible entities, including the support of school 
     governance and leadership for the programs and services;
       ``(G) resources available in the community, including 
     public agencies and nonprofit organizations, that could be 
     leveraged by schools served by the local eligible entity to 
     create comprehensive systems of support within the schools;
       ``(H) school discipline data including in-school 
     suspensions, out-of-school suspensions, expulsion, school-
     based arrests, referrals to law enforcement, and referrals to 
     alternative schools; and
       ``(I) additional needs identified by the local eligible 
     entity.
       ``(2) A description of the methodology used in conducting 
     the needs assessment described in (1);
       ``(3) A description of the plan to implement grant funds 
     (taking into account the cultural and linguistic needs of the 
     community) which shall include the following components:
       ``(A) A description of the services (taking into account 
     the cultural and linguistic needs of the community) that will 
     be provided by the local eligible entity which shall include 
     prevention, intervention, and systematic efforts to address 
     student learning needs as identified and prioritized by the 
     needs assessment in paragraph (1).

[[Page 11905]]

       ``(B) A description of how existing resources, services, 
     and programs will be coordinated and integrated with new 
     resources, services, and programs to create a comprehensive 
     system of learning supports that is aligned with school 
     improvement plans required under section 1116, as applicable.
       ``(C) A description of the partners within the eligible 
     entity and their roles as they relate to the implementation 
     of the comprehensive system of learning supports that will be 
     implemented to address the needs outlined in the needs and 
     assets assessment described in subsection (b)(1).
       ``(D) A description of how the grant will be used to 
     enhance administrator's, teacher's, and specialized 
     instructional support personnel's identification and response 
     to student learning needs for providing learning supports 
     through professional development, and how school capacity 
     will be enhanced to handle problems facing students such as 
     those identified in the needs assessment.
       ``(E) A description of how the eligible entity will 
     identify the financial savings from deferred or eliminated 
     costs, or other benefits as a result of the programs or 
     activities implemented by the eligible entities (in the case 
     of an eligible entity who implements programs described in 
     section 4207(2)(C), a comparative analysis of potential 
     savings from criminal justice costs, public assistance costs, 
     and other costs avoided by such programs).
       ``(F) A description of how the local eligible entity will 
     measure performance based on the indicators described in 
     section 4208(a)(3).
       ``(G) A description of the process for periodically 
     reviewing the needs of students and assets within the school 
     and community, and involving more community partners as 
     applicable, and how data on performance on the indicators 
     described in section 4208(a)(3) will be used to provide 
     feedback on progress, and institutionalize support mechanisms 
     to maintain and continually improve activities including when 
     grant funds end.
       ``(c) Special Rule.--A local eligible entity may use--
       ``(1) an existing needs assessment to satisfy the 
     requirements of subsection (b)(1), if the assessment includes 
     the information required by such subsection, or can be 
     modified to do so; and
       ``(2) an existing plan to satisfy the requirements of 
     subsection (b)(3), if the plan meets the requirements of such 
     subsection and is approved by the State educational agency.

     ``SEC. 4207. LOCAL ELIGIBLE ENTITY USE OF FUNDS.

       ``A local eligible entity that receives a subgrant under 
     this part shall use such funds to carry out the following 
     activities:
       ``(1) Implement a comprehensive plan as described in 
     section 4206(b)(3).
       ``(2) Programs and activities that address the needs of the 
     schools served by the eligible entity as identified by the 
     needs and assets assessment in section 4206(b)(1), which may 
     include--
       ``(A) violence prevention programs, including--
       ``(i) programs to provide safe passage to and from school;
       ``(ii) programs to prevent and appropriately respond to 
     incidents of bullying and harassment (including professional 
     development for teachers and other school personnel);
       ``(iii) programs that promote positive school environments 
     for learning and reduce the need for suspensions, expulsions, 
     referral to law enforcement, and other practices that remove 
     students from instruction;
       ``(iv) conflict resolution and restorative practice and 
     mediation programs;
       ``(v) activities that involve families, community sectors 
     (which may include appropriately trained seniors) and a 
     variety of providers in setting clear expectations against 
     violence and appropriate consequences of violence;
       ``(vi) professional development and training for, and 
     involvement of, school personnel, specialized instructional 
     personnel, parents, and interested community members in 
     prevention, education, early identification and intervention, 
     mentoring, or rehabilitation referral, as related to violence 
     prevention;
       ``(vii) reporting criminal offenses committed on school 
     property;
       ``(viii) emergency intervention services following 
     traumatic crisis events, such as shooting, or a major 
     accident that has disrupted the learning environment;
       ``(ix) establishing and maintaining a school safety 
     hotline;
       ``(x) programs to train school personnel to identify 
     warning signs of youth suicide and to create an action plan 
     to help youth at risk of suicide; or
       ``(xi) programs that respond to the needs of students who 
     are faced with domestic violence or child abuse;
       ``(B) drug and alcohol abuse prevention programs, 
     including--
       ``(i) age appropriate and developmentally based activities 
     that--

       ``(I) address the consequences of violence and illegal use 
     of drugs, as appropriate;
       ``(II) promote a sense of individual responsibility and 
     teach students that most people do not illegally use drugs;
       ``(III) teach students to recognize social and peer 
     pressure to use drugs illegally and the skills for resisting 
     illegal drug use; and
       ``(IV) teach students about the dangers of emerging drugs;

       ``(ii) activities that involve families, community sectors 
     (which may include appropriately trained seniors) and a 
     variety of providers in setting clear expectations against 
     illegal use of drugs and appropriate consequences for illegal 
     use of drugs;
       ``(iii) dissemination of drug prevention information to 
     schools and communities;
       ``(iv) professional development and training for, and 
     involvement of, school personnel, specialized instructional 
     support personnel, parents, and interested community members 
     in prevention, education, early identification and 
     intervention, mentoring, or rehabilitation referral, as 
     related to drug prevention; or
       ``(v) community wide planning and organizing to reduce 
     illegal drug use;
       ``(C) evidence-based and promising practices related to 
     juvenile delinquency and criminal street gang activity 
     prevention and intervention for youth who are involved in, or 
     at risk of involvement in, juvenile delinquency or street 
     gang activity (that shall involve multiple community partners 
     within the local eligible entity through coordination with a 
     local Promise Coordinating Council);
       ``(D) recruiting, hiring, and maintaining specialized 
     instructional support personnel or providing additional 
     specialized instructional support services, including 
     comprehensive career counseling, with priority given to the 
     highest need schools to be served by the eligible entity;
       ``(E) implementing multi-tiered systems of support 
     including positive behavior supports;
       ``(F) support services to address the behavioral, 
     emotional, physical health, mental health and social needs of 
     students, including--
       ``(i) social and emotional learning programs;
       ``(ii) mentoring programs;
       ``(iii) physical fitness, health education, and nutrition 
     education programs; and
       ``(iv) programs to purchase automated external 
     defibrillators and providing training in the use of these 
     defibrillators;
       ``(G) services and programs to support education of 
     pregnant and parenting teens;
       ``(H) programs that enable schools to prepare for, respond 
     to, and recover from disasters, crises and emergencies that 
     threaten safety or disrupt teaching and learning; or
       ``(I) other services consistent with this section.

     ``SEC. 4208. ACCOUNTABILITY AND TRANSPARENCY.

       ``(a) Local Accountability and Transparency.--On an annual 
     basis, each local eligible entity shall report to the public 
     and the State such information as the State may reasonably 
     require, including--
       ``(1) the number of students, aggregated and disaggregated 
     by subgroup as described in section 1111(c)(3)(A) who were 
     served by the programs and activities in this part;
       ``(2) the programs and services provided under this Act;
       ``(3) outcomes resulting from activities and services 
     funded under this part, aggregated and disaggregated by 
     subgroup as described in section 1111(c)(3)(A) on the 
     following indicators--
       ``(A) student academic achievement as measured by State 
     academic assessments and student growth over time;
       ``(B) for diploma granting schools, graduation rates;
       ``(C) student attendance;
       ``(D) suspensions and expulsions;
       ``(E) performance on a set of other indicators that shall 
     be based on the activities and services implemented based on 
     the results of the needs assessment described in section 
     4206(b)(1) and may include--
       ``(i) the frequency, seriousness, and incidence of 
     violence, including bullying and harassment, and drug related 
     offenses resulting in suspensions and expulsions;
       ``(ii) the incidence and prevalence, age of onset, 
     perception of health risk, and perception of social 
     disapproval of drug use and violence by youth in schools and 
     communities;
       ``(iii) the safety of passage to and from school;
       ``(iv) as appropriate, rate of earned on-time promotion 
     from grade to grade;
       ``(v) for diploma granting schools, the percentage of 
     students taking a college preparatory curriculum, or student 
     rates of enrollment, persistence, and attainment of an 
     associate or baccalaureate degree;
       ``(vi) academic and developmental transitions, including 
     from elementary to middle school and middle school to high 
     school;
       ``(vii) referrals to school resource personnel;
       ``(viii) evidence of increased parent and family engagement 
     and support for children's learning;
       ``(ix) evidence of increased student engagement in school, 
     which may include completing of assignments and coming to 
     class prepared and on-time;
       ``(x) student health, including mental health and the 
     amelioration of risk factors; and
       ``(F) other outcome areas as determined by the State 
     educational agency.
       ``(b) State Accountability and Transparency.--On an annual 
     basis, each State

[[Page 11906]]

     educational agency that receives funds under this part shall 
     annually prepare and submit to the Secretary a report that 
     contains all reports submitted by local eligible entities 
     under the jurisdiction of the agency provided under (a).
       ``(c) Supplement, Not Supplant.--Grant funds provided under 
     this part shall be used to supplement, and not supplant, 
     other Federal, State, or local funds that would, in the 
     absence of such grant funds, be made available for 
     comprehensive systems of learning supports and students 
     participating in programs under this part.
       ``(d) Publication and Availability of Report.--The 
     Secretary shall publish and make widely available to the 
     public, including through a website or other means, a summary 
     of the reports received under (b).

     ``SEC. 4209. DEFINITIONS.

       ``(a) For purposes of this part--
       ``(1) Incident data.--The term `incident data' means data 
     from incident reports by school officials including, but not 
     limited to, truancy rates; the frequency, seriousness, and 
     incidence of violence and drug-related offenses resulting in 
     suspensions and expulsions; the incidence of bullying and 
     harassment, and the incidence and prevalence of drug use and 
     violence by students in schools.
       ``(2) Comprehensive system of learning supports.--The term 
     `comprehensive system of learning supports' means the 
     multifaceted, and cohesive resources, strategies, and 
     practices that provide class-room based or school-wide 
     interventions to address the academic, behavioral, emotional, 
     physical health, mental health, and social needs of students 
     and families to improve student learning, teacher instruction 
     and school management.
       ``(3) Local eligible entity.--The term `local eligible 
     entity' means a consortium consisting of community 
     representatives that--
       ``(A) shall include--
       ``(i) a local educational agency;
       ``(ii) not less than 1 other community partner 
     organization; and
       ``(B) may include a broad array of community partners, 
     including a community based organization, a child and youth 
     serving organization, an institution of higher education, a 
     foundation, a business, a local government, including a local 
     governmental agency serving children and youth such as a 
     child welfare and juvenile justice agency; students, and 
     parents; and may include representatives from multiple 
     jurisdictions.
       ``(4) Multi-tiered system of support.--For purposes of this 
     Act, the term `multi-tiered system of support' means a 
     comprehensive system of differentiated supports that includes 
     evidence-based instruction, universal screening, progress 
     monitoring, formative assessments, research-based 
     interventions matched to student needs and educational 
     decisionmaking using student outcome data.
       ``(5) Bullying.--The term `bullying'--
       ``(A) means conduct, including electronic communication, 
     that adversely affects the ability of 1 or more students to 
     participate in and benefit from the school's educational 
     programs or activities by placing the student (or students) 
     in reasonable fear of physical harm; and
       ``(B) includes conduct that is based on--
       ``(i) a student's actual or perceived--

       ``(I) race;
       ``(II) color;
       ``(III) national origin;
       ``(IV) sex;
       ``(V) disability
       ``(VI) sexual orientation;
       ``(VII) gender identity; or
       ``(VIII) religion;

       ``(ii) any other distinguishing characteristics that may be 
     defined by a State or local educational agency; or
       ``(iii) association with a person or group with 1 or more 
     of the actual or perceived characteristics listed in clause 
     (i) or (ii).
       ``(6) Harassment.--The term `harassment'--
       ``(A) means conduct, including electronic communication, 
     that adversely affects the ability of 1 or more students to 
     participate in and benefit from the school's educational 
     programs or activities because the conduct, as reasonably 
     perceived, is so severe, persistent, or persuasive; and
       ``(B) includes conduct that is based on--
       ``(i) a student's actual or perceived--

       ``(I) race;
       ``(II) color;
       ``(III) national origin;
       ``(IV) sex;
       ``(V) disability
       ``(VI) sexual orientation;
       ``(VII) gender identity; or
       ``(VIII) religion;

       ``(ii) any other distinguishing characteristics that may be 
     defined by a State or local educational agency; or
       ``(iii) association with a person or group with 1 or more 
     of the actual or perceived characteristics listed in clause 
     (i) or (ii).
       ``(7) Juvenile delinquency and criminal street gang 
     activity prevention and intervention.--The term `juvenile 
     delinquency and criminal street gang activity prevention and 
     intervention' means the provision of programs and resources 
     to children and families who have not yet had substantial 
     contact with criminal justice or juvenile justice systems or 
     to youth who are involved in, or who are identified by 
     evidence-based risk assessment methods as being at high risk 
     of continued involvement in, juvenile delinquency or criminal 
     street gangs, that--
       ``(A) are designed to reduce potential juvenile delinquency 
     and criminal street gang activity risks; and
       ``(B) are evidence-based or promising educational, health, 
     mental health, school-based, community-based, faith-based, 
     parenting, job training, social opportunities and 
     experiences, or other programs, for youth and their families, 
     that have been demonstrated to be effective in reducing 
     juvenile delinquency and criminal street gang activity risks.
       ``(8) PROMISE coordinating councils.--The members of a 
     PROMISE Coordinating Council shall be representatives of 
     public and private sector entities and individuals that--
       ``(A) shall include, to the extent possible, at least one 
     representative from each of the following:
       ``(i) the local chief executive's office;
       ``(ii) a local educational agency;
       ``(iii) a local health agency or provider;
       ``(iv) a local mental health agency or provider, unless the 
     representative under clause (iii)) also meets the 
     requirements of this subparagraph;
       ``(v) a local public housing agency;
       ``(vi) a local law enforcement agency;
       ``(vii) a local child welfare agency;
       ``(viii) a local juvenile court;
       ``(ix) a local juvenile prosecutor's office;
       ``(x) a private juvenile residential care entity;
       ``(xi) a local juvenile public defender's office;
       ``(xii) a State juvenile correctional entity;
       ``(xiii) a local business community representative; and
       ``(xiv) a local faith-based community representative;
       ``(B) shall include two representatives from each of the 
     following:
       ``(i) parents who have minor children, and who have an 
     interest in the local juvenile or criminal justice systems;
       ``(ii) youth between the ages of 15 and 24 who reside in 
     the jurisdiction of the unit or Tribe; and
       ``(iii) members from nonprofit community-based 
     organizations that provide effective delinquency prevention 
     and intervention to youth in the jurisdiction of the eligible 
     entity; and
       ``(C) may include other members, as appropriate.
       ``(9) Specialized instructional support personnel.--The 
     term `specialized instructional support personnel' means 
     school counselors, school social workers, school 
     psychologists, school nurses, and other qualified 
     professionals involved in providing assessment, diagnosis, 
     counseling, educational, therapeutic, medical, and other 
     necessary services (including related services as that term 
     is defined in section 602 of the Individuals with 
     Disabilities in Education Act) as part of a comprehensive 
     program to meet student needs.

     ``SEC. 4210. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $350,000,000 for fiscal year 2014 and such sums as may 
     be necessary for each succeeding fiscal year.''.

          TITLE V--WELL-ROUNDED STUDENTS AND ENGAGED FAMILIES

                   Subtitle A--Public Charter Schools

     SEC. 501. PURPOSE.

       Section 5201 (20 U.S.C. 7221) is amended to read as 
     follows:

     ``SEC. 5201. PURPOSE.

       ``It is the purpose of this subpart to--
       ``(1) provide financial assistance for the planning, 
     program design, and initial implementation of charter 
     schools;
       ``(2) expand the number of high-quality charter schools 
     available to students across the Nation;
       ``(3) evaluate the impact of such schools on student 
     achievement, families, and communities, and share best 
     practices between charter schools and other public schools;
       ``(4) encourage States to provide support to charter 
     schools for facilities financing in an amount more nearly 
     commensurate to the amount the States have typically provided 
     for traditional public schools;
       ``(5) improve student services to increase opportunities 
     for students with disabilities, English language learners, 
     and other traditionally underserved students to attend 
     charter schools and meet challenging State academic 
     achievement standards;
       ``(6) support efforts to strengthen the charter school 
     authorizing process to improve performance management, 
     including transparency, monitoring, and evaluation of such 
     schools; and
       ``(7) ensure quality, accountability and transparency in 
     the operations and performance of all authorized public 
     chartering agencies, including State and local educational 
     agencies, and charter schools.''.

     SEC. 502. PROGRAM AUTHORIZED.

       Section 5202 (20 U.S.C. 7221a) is amended to read as 
     follows:

     ``SEC. 5202. PROGRAM AUTHORIZED.

       ``(a) In General.--This subpart authorizes the Secretary to 
     carry out a charter school

[[Page 11907]]

     program that supports charter schools that serve elementary 
     school and secondary school students by--
       ``(1) supporting the startup, replication, and expansion of 
     charter schools;
       ``(2) assisting charter schools in accessing credit to 
     acquire and renovate facilities for school use; and
       ``(3) carrying out national activities to support--
       ``(A) charter school development;
       ``(B) the dissemination of best practices of charter 
     schools for all schools; and
       ``(C) the evaluation of the impact of the program on 
     schools participating in the program.
       ``(b) Funding Allotment.--From the amount made available 
     under section 5211 for a fiscal year, the Secretary shall--
       ``(1) reserve 12.5 percent to support charter school 
     facilities assistance under section 5204;
       ``(2) reserve not more than 2.5 percent to carry out 
     technical assistance, best practices, and evaluation under 
     section 5205(a);
       ``(3) reserve not more than 5 percent to carry out grants 
     to eligible applicants under section 5205(b); and
       ``(4) use the remaining amount after the Secretary reserves 
     funds under paragraphs (1) and (2) to carry out section 5203.
       ``(c) Prior Grants and Subgrants.--The recipient of a grant 
     or subgrant under this subpart, as such subpart was in effect 
     on the day before the date of enactment of the Student 
     Success Act, shall continue to receive funds in accordance 
     with the terms and conditions of such grant or subgrant.''.

     SEC. 503. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.

       Section 5203 (20 U.S.C. 7221b) is amended to read as 
     follows:

     ``SEC. 5203. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.

       ``(a) In General.--From the amount reserved under section 
     5202(b)(3), the Secretary shall award grants to State 
     entities having applications approved pursuant to subsection 
     (f) to enable such entities to--
       ``(1) award subgrants to eligible applicants for--
       ``(A) opening new charter schools;
       ``(B) replicating high-quality charter school models; or
       ``(C) expanding high-quality charter schools; and
       ``(2) provide technical assistance to eligible applicants 
     and authorized public chartering agencies in carrying out the 
     activities described in paragraph (1) and work with 
     authorized public chartering agencies in the State to improve 
     authorizing quality.
       ``(b) State Uses of Funds.--
       ``(1) In general.--A State entity receiving a grant under 
     this section shall--
       ``(A) use 90 percent of the grant funds to award subgrants 
     to eligible applicants, in accordance with the quality 
     charter school program described in the entity's application 
     approved pursuant to subsection (f), for the purposes 
     described in subparagraphs (A) through (C) of subsection 
     (a)(1); and
       ``(B) reserve 10 percent of such funds to carry out the 
     activities described in subsection (a)(2), of which not more 
     than 30 percent may be used for administrative costs which 
     may include technical assistance.
       ``(2) Contracts and grants.--A State entity may use a grant 
     received under this section to carry out the activities 
     described in subparagraphs (A) and (B) of paragraph (1) 
     directly or through grants, contracts, or cooperative 
     agreements.
       ``(c) Program Periods; Peer Review; Diversity of 
     Projects.--
       ``(1) Program periods.--
       ``(A) Grants.--A grant awarded by the Secretary to a State 
     entity under this section shall be for a period of not more 
     than 5 years.
       ``(B) Subgrants.--A subgrant awarded by a State entity 
     under this section shall be for a period of not more than 5 
     years, of which an eligible applicant may use not more than 
     18 months for planning and program design.
       ``(2) Peer review.--The Secretary, and each State entity 
     receiving a grant under this section, shall use a peer review 
     process to review applications for assistance under this 
     section.
       ``(3) Diversity of projects.--Each State entity receiving a 
     grant under this section shall award subgrants under this 
     section in a manner that, to the extent possible, ensures 
     that such subgrants--
       ``(A) are distributed throughout different areas, including 
     urban, suburban, and rural areas; and
       ``(B) will assist charter schools representing a variety of 
     educational approaches.
       ``(d) Limitations.--
       ``(1) Grants.--A State entity may not receive more than 1 
     grant under this section for a 5-year period.
       ``(2) Subgrants.--An eligible applicant may not receive 
     more than 1 subgrant under this section per charter school 
     for a 5-year period.
       ``(e) Applications.--A State entity desiring to receive a 
     grant under this section shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require. The application shall include the following:
       ``(1) Description of program.--A description of the 
     entity's objectives in opening and initially operating a 
     quality charter school program under this section and how the 
     objectives of the program will be carried out, including a 
     description--
       ``(A) of how the entity will--
       ``(i) support both new charter school startup and the 
     expansion and replication of high-quality charter school 
     models;
       ``(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 
     applicants access all Federal funds that they are eligible to 
     receive, and help the charter schools supported by the 
     applicants and the students attending the charter schools--

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

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

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

       ``(v) ensure eligible applicants that receive a subgrant 
     under the entity's program are prepared to continue to 
     operate the charter schools receiving the subgrant funds once 
     the funds have expired;
       ``(vi) support charter schools participating in the 
     entity's program and that are in local educational agencies 
     with large numbers of schools that must comply with the 
     requirements of section 1116(b);
       ``(vii) work with charter schools to promote inclusion of 
     all students and support all students once they are enrolled 
     to promote retention;
       ``(viii) work with charter schools on recruitment 
     practices, including efforts to engage groups that may 
     otherwise have limited opportunities to participate in 
     charter schools;
       ``(ix) share best and promising practices between charter 
     schools and other public schools;
       ``(x) ensure the charter schools they support can meet the 
     educational needs of their students, including students with 
     disabilities and English language learners; and
       ``(xi) support efforts to increase quality initiatives, 
     including meeting the quality authorizing elements described 
     in paragraph (2)(E);
       ``(B) of the extent to which the entity--
       ``(i) is able to meet and carry out the priorities listed 
     in subsection (f)(2); and
       ``(ii) is working to develop or strengthen a cohesive 
     statewide system to support the opening of new charter 
     schools a replica of high-quality charter school models, and 
     expanding high-quality charter schools;
       ``(C) how the entity will carry out the subgrant 
     competition, including--
       ``(i) a description of the application each eligible 
     applicant desiring to receive a subgrant will submit, 
     including--

       ``(I) a description of the roles and responsibilities of 
     eligible applicants, partner organizations, and management 
     organizations, including the administrative and contractual 
     roles and responsibilities;
       ``(II) a description of the quality controls agreed to 
     between the eligible applicant and the authorized public 
     chartering agency involved, such as a contract or performance 
     agreement, and how a school's performance on the State's 
     academic accountability system will be a primary factor for 
     renewal;
       ``(III) a description of how the eligible applicant will 
     solicit and consider input from parents and other members of 
     the community on the planning, implementation, and operation 
     of each charter school receiving funds under the entity's 
     program; and
       ``(IV) for each year of the grant, planned activities and 
     expenditures for use of funds received under this section for 
     the purposes of opening and initially operating a new charter 
     school, replicating a high-quality charter school model and 
     initially operating such school, or expansion of a high-
     quality charter school and initially operating such school 
     while ensuring financial sustainability of the school 
     following the grant period; and

       ``(ii) a description of how the entity will review 
     applications; and
       ``(D) in the case of an entity that partners with an 
     outside organization to carry out the entity's quality 
     charter school program, in whole or in part, of the roles and 
     responsibilities of this partner.
       ``(2) Assurances.--Assurances, including a description of 
     how the assurances will be met, that--
       ``(A) each charter school receiving funds under the 
     entity's program will have a high degree of autonomy over 
     budget and operations;
       ``(B) the entity will support charter schools in meeting 
     the educational needs of their students as described in 
     paragraph (1)(A)(x);
       ``(C) the entity will ensure that the authorized public 
     chartering agency of any charter

[[Page 11908]]

     school that receives funds under the entity's program--
       ``(i) ensures that the charter school is meeting the 
     obligations under this Act, part B of the Individuals with 
     Disabilities Education Act, title VI of the Civil Rights Act 
     of 1964, section 504 of the Rehabilitation Act of 1973, the 
     Age Discrimination Act of 1975, the Americans with 
     Disabilities Act of 1990, section 444 of the General 
     Education Provisions Act (commonly known as the `Family 
     Educational Rights and Privacy Act of 1974'), and title IX of 
     the Education Amendments of 1972; and
       ``(ii) adequately monitors and helps ensure each charter 
     school, with respect to recruitment and enrollment is meeting 
     the needs of all students, including students with 
     disabilities and English language learners;
       ``(D) the entity will provide adequate technical assistance 
     to eligible applicants to--
       ``(i) meet the objectives described in clauses (vii) and 
     (viii) of paragraph (1)(A) and paragraph (2)(B); and
       ``(ii) recruit and enroll traditionally underserved 
     students, including students with disabilities and English 
     language learners, to promote an inclusive education 
     environment;
       ``(E) the entity will promote quality authorizing, such as 
     through providing technical assistance, to support all 
     authorized public chartering agencies in the State to improve 
     the monitoring of their charter schools in compliance with 
     quality charter authorizing standards described in section 
     1111(d)(1)(I);
       ``(F) the entity will work to ensure that charter schools 
     are included with the traditional public school system in 
     decision-making about the public school system in the State; 
     and
       ``(G) the entity will ensure that each charter school in 
     the State make publicly available, consistent with the 
     dissemination requirements of the annual State report card, 
     the information parents need to make informed decisions about 
     the educational options available to their children, 
     including information on the educational program, student 
     support services, and annual performance and enrollment.
       ``(3) Requests for waivers.--A request and justification 
     for waivers of any Federal statutory or regulatory provisions 
     that the entity believes are necessary for the successful 
     operation of the charter schools that will receive funds 
     under the entity's program under this section, and a 
     description of any State or local rules, generally applicable 
     to public schools, that will be waived, or otherwise not 
     apply to such schools.
       ``(f) Selection Criteria; Priority.--
       ``(1) Selection criteria.--The Secretary shall award grants 
     to State entities under this section on the basis of the 
     quality of the applications submitted under subsection (e), 
     after taking into consideration--
       ``(A) the degree of flexibility afforded by the State's 
     public charter school law and how the entity will work to 
     maximize the flexibility provided to charter schools under 
     the law;
       ``(B) the ambitiousness of the entity's objectives for the 
     quality charter school program carried out under this 
     section;
       ``(C) the quality of the strategy for assessing achievement 
     of those objectives;
       ``(D) the likelihood that the eligible applicants receiving 
     subgrants under the program will meet those objectives and 
     improve educational results for students;
       ``(E) the proposed number of new charter schools to be 
     opened, and the number of high-quality charter schools to be 
     replicated or expanded under the program;
       ``(F) the entity's plan to--
       ``(i) adequately monitor the eligible applicants receiving 
     subgrants under the 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;
       ``(iii) provide adequate technical assistance, as described 
     in the entity's application under subsection (e), for the 
     eligible applicants receiving subgrants under the entity's 
     program under this section; and
       ``(iv) support quality authorizing efforts in the State, 
     consistent with quality charter school authorizing standards 
     described in section 1111(d)(1)(H).
       ``(2) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to State entities to the extent 
     that they meet the following criteria:
       ``(A) The State entity is located in a State that allows 
     appeals of authorized public chartering agency, including 
     State and local educational agency, decisions pertaining to 
     granting, renewal, or revocation of charter agreements.
       ``(B) The State entity is located in a State that does not 
     impose any limitation on the number or percentage of charter 
     schools that may exist or the number or percentage of 
     students that may attend charter schools in the State.
       ``(C) 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.
       ``(D) The State entity is located in a State that uses 
     charter schools and best practices from charter schools to 
     help improve struggling schools and local educational 
     agencies.
       ``(E) The State entity partners with an organization that 
     has a demonstrated record of success in developing management 
     organizations to support the development of charter schools 
     in the State.
       ``(F) The State entity demonstrates quality policies and 
     practices to support and monitor charter schools through 
     factors, including--
       ``(i) the proportion of high-quality charter schools in the 
     State; and
       ``(ii) the proportion of charter schools enrolling, at a 
     rate similar to traditional public schools, traditionally 
     underserved students, including students with disabilities 
     and English language learners.
       ``(G) The entity has taken steps to ensure that all 
     authorized public chartering agencies implement best 
     practices for quality charter school authorizing as described 
     in section 1111(d)(1)(I).
       ``(g) Local Uses of Funds.--An eligible applicant receiving 
     a subgrant under this section shall use such funds to carry 
     out activities to open and initially operate new charter 
     schools, replicate high-quality charter school models and 
     initially operate such schools, or expand existing high-
     quality charter schools and initially operate such schools to 
     ensure strong school starts, as submitted annually by the 
     eligible applicant according to subparagraph (e)(1)(C)(IV).
       ``(h) Reporting Requirements.--Each State entity receiving 
     a grant under this section shall submit to the Secretary, at 
     the end of the third year of the 5-year grant period and at 
     the end of such grant period, a report on--
       ``(1) the number of students served and, if applicable, how 
     many new students were served during each year of the grant 
     period;
       ``(2) the number of subgrants awarded under this section to 
     carry out each of the following--
       ``(A) the opening of new charter schools;
       ``(B) the replication of high-quality charter school 
     models; and
       ``(C) the expansion of high-quality charter schools;
       ``(3) the progress the entity made toward meeting the 
     priorities described in subsection (f)(2), as applicable;
       ``(4) how the entity met the objectives of the quality 
     charter school program described in the entity's application 
     under subsection (e);
       ``(5) how the entity complied with, and ensured that 
     eligible applicants complied with, the assurances described 
     in the entity's application; and
       ``(6) how the entity worked with authorized public 
     chartering agencies, including how the agencies worked with 
     the management company or leadership of the schools in which 
     the subgrants were awarded.
       ``(i) State Entity Defined.--For purposes of this section, 
     the term `State entity' means--
       ``(1) a State educational agency; or
       ``(2) a State charter school board.''.

     SEC. 504. FACILITIES FINANCING ASSISTANCE.

       Section 5204 (20 U.S.C. 7221c) is amended to read as 
     follows:

     ``SEC. 5204. FACILITIES FINANCING ASSISTANCE.

       ``(a) Grants to Eligible Entities.--
       ``(1) In general.--From the amount reserved under section 
     5202(b)(1), the Secretary shall award not less than 3 grants 
     to eligible entities that have applications approved under 
     subsection (d) to demonstrate innovative methods of assisting 
     charter schools to address the cost of acquiring, 
     constructing, and renovating facilities by enhancing the 
     availability of loans or bond financing.
       ``(2) Eligible entity defined.--For purposes of this 
     section, the term `eligible entity' means--
       ``(A) a public entity, such as a State or local 
     governmental entity;
       ``(B) a private nonprofit entity; or
       ``(C) a consortium of entities described in subparagraphs 
     (A) and (B).
       ``(b) Grantee Selection.--
       ``(1) Evaluation of application.--The Secretary shall 
     evaluate each application submitted under subsection (d), and 
     shall determine whether the application is sufficient to 
     merit approval.
       ``(2) Distribution of grants.--The Secretary shall award at 
     least one grant to an eligible entity described in subsection 
     (a)(2)(A), at least one grant to an eligible entity described 
     in subsection (a)(2)(B), and at least one grant to an 
     eligible entity described in subsection (a)(2)(C), if 
     applications are submitted that permit the Secretary to do so 
     without approving an application that is not of sufficient 
     quality to merit approval.
       ``(c) Grant Characteristics.--Grants under subsection (a) 
     shall be of a sufficient size, scope, and quality so as to 
     ensure an effective demonstration of an innovative means of 
     enhancing credit for the financing of charter school 
     acquisition, construction, or renovation.
       ``(d) Applications.--
       ``(1) In general.--To receive a grant under subsection (a), 
     an eligible entity shall submit to the Secretary an 
     application in such form as the Secretary may reasonably 
     require.
       ``(2) Contents.--An application submitted under paragraph 
     (1) shall contain--
       ``(A) a statement identifying the activities proposed to be 
     undertaken with funds received under subsection (a), 
     including how

[[Page 11909]]

     the eligible entity will determine which charter schools will 
     receive assistance, and how much and what types of assistance 
     charter schools will receive;
       ``(B) a description of the involvement of charter schools 
     in the application's development and the design of the 
     proposed activities;
       ``(C) a description of the eligible entity's expertise in 
     capital market financing;
       ``(D) a description of how the proposed activities will 
     leverage the maximum amount of private-sector financing 
     capital relative to the amount of government funding used and 
     otherwise enhance credit available to charter schools, 
     including how the entity will offer a combination of rates 
     and terms more favorable than the rates and terms that a 
     charter school could receive without assistance from the 
     entity under this section;
       ``(E) a description of how the eligible entity possesses 
     sufficient expertise in education to evaluate the likelihood 
     of success of a charter school program for which facilities 
     financing is sought;
       ``(F) a description of how the eligible entity will 
     encourage energy-efficient school building practices;
       ``(G) in the case of an application submitted by a State 
     governmental entity, a description of the actions that the 
     entity has taken, or will take, to ensure that charter 
     schools within the State receive the funding the charter 
     schools need to have adequate facilities; and
       ``(H) such other information as the Secretary may 
     reasonably require.
       ``(e) Charter School Objectives.--An eligible entity 
     receiving a grant under this section shall use the funds 
     deposited in the reserve account established under subsection 
     (f) to assist one or more charter schools to access private 
     sector capital to accomplish one or both of the following 
     objectives:
       ``(1) The acquisition (by purchase, lease, donation, or 
     otherwise) of an interest (including an interest held by a 
     third party for the benefit of a charter school) in improved 
     or unimproved real property that is necessary to commence or 
     continue the operation of a charter school.
       ``(2) The construction of new facilities, including 
     predevelopment costs, or the renovation, repair, or 
     alteration of existing facilities, necessary to commence or 
     continue the operation of a charter school.
       ``(f) Reserve Account.--
       ``(1) Use of funds.--To assist charter schools to 
     accomplish the objectives described in subsection (e), an 
     eligible entity receiving a grant under subsection (a) shall, 
     in accordance with State and local law, directly or 
     indirectly, alone or in collaboration with others, deposit 
     the funds received under subsection (a) (other than funds 
     used for administrative costs in accordance with subsection 
     (g)) in a reserve account established and maintained by the 
     eligible entity for this purpose. Amounts deposited in such 
     account shall be used by the eligible entity for one or more 
     of the following purposes:
       ``(A) Guaranteeing, insuring, and reinsuring bonds, notes, 
     evidences of debt, loans, and interests therein, the proceeds 
     of which are used for an objective described in subsection 
     (e).
       ``(B) Guaranteeing and insuring leases of personal and real 
     property for an objective described in subsection (e).
       ``(C) Facilitating financing by identifying potential 
     lending sources, encouraging private lending, and other 
     similar activities that directly promote lending to, or for 
     the benefit of, charter schools.
       ``(D) Facilitating the issuance of bonds by charter 
     schools, or by other public entities for the benefit of 
     charter schools, by providing technical, administrative, and 
     other appropriate assistance (including the recruitment of 
     bond counsel, underwriters, and potential investors and the 
     consolidation of multiple charter school projects within a 
     single bond issue).
       ``(2) Investment.--Funds received under this section and 
     deposited in the reserve account established under paragraph 
     (1) shall be invested in obligations issued or guaranteed by 
     the United States or a State, or in other similarly low-risk 
     securities.
       ``(3) Reinvestment of earnings.--Any earnings on funds 
     received under subsection (a) shall be deposited in the 
     reserve account established under paragraph (1) and used in 
     accordance with such subsection.
       ``(g) Limitation on Administrative Costs.--An eligible 
     entity may use not more than 2.5 percent of the funds 
     received under subsection (a) for the administrative costs of 
     carrying out its responsibilities under this section 
     (excluding subsection (k)).
       ``(h) Audits and Reports.--
       ``(1) Financial record maintenance and audit.--The 
     financial records of each eligible entity receiving a grant 
     under subsection (a) shall be maintained in accordance with 
     generally accepted accounting principles and shall be subject 
     to an annual audit by an independent public accountant.
       ``(2) Reports.--
       ``(A) Grantee annual reports.--Each eligible entity 
     receiving a grant under subsection (a) annually shall submit 
     to the Secretary a report of its operations and activities 
     under this section.
       ``(B) Contents.--Each annual report submitted under 
     subparagraph (A) shall include--
       ``(i) a copy of the most recent financial statements, and 
     any accompanying opinion on such statements, prepared by the 
     independent public accountant reviewing the financial records 
     of the eligible entity;
       ``(ii) a copy of any report made on an audit of the 
     financial records of the eligible entity that was conducted 
     under paragraph (1) during the reporting period;
       ``(iii) an evaluation by the eligible entity of the 
     effectiveness of its use of the Federal funds provided under 
     subsection (a) in leveraging private funds;
       ``(iv) a listing and description of the charter schools 
     served during the reporting period, including the amount of 
     funds used by each school, the type of project facilitated by 
     the grant, and the type of assistance provided to the charter 
     schools;
       ``(v) a description of the activities carried out by the 
     eligible entity to assist charter schools in meeting the 
     objectives set forth in subsection (e); and
       ``(vi) a description of the characteristics of lenders and 
     other financial institutions participating in the activities 
     undertaken by the eligible entity under this section 
     (excluding subsection (k)) during the reporting period.
       ``(C) Secretarial report.--The Secretary shall review the 
     reports submitted under subparagraph (A) and shall provide a 
     comprehensive annual report to Congress on the activities 
     conducted under this section (excluding subsection (k)).
       ``(i) No Full Faith and Credit for Grantee Obligation.--No 
     financial obligation of an eligible entity entered into 
     pursuant to this section (such as an obligation under a 
     guarantee, bond, note, evidence of debt, or loan) shall be an 
     obligation of, or guaranteed in any respect by, the United 
     States. The full faith and credit of the United States is not 
     pledged to the payment of funds which may be required to be 
     paid under any obligation made by an eligible entity pursuant 
     to any provision of this section.
       ``(j) Recovery of Funds.--
       ``(1) In general.--The Secretary, in accordance with 
     chapter 37 of title 31, United States Code, shall collect--
       ``(A) all of the funds in a reserve account established by 
     an eligible entity under subsection (f)(1) if the Secretary 
     determines, not earlier than 2 years after the date on which 
     the eligible entity first received funds under this section 
     (excluding subsection (k)), that the eligible entity has 
     failed to make substantial progress in carrying out the 
     purposes described in subsection (f)(1); or
       ``(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.
       ``(k) Per-pupil Facilities Aid Program.--
       ``(1) Definition of per-pupil facilities aid program.--In 
     this subsection, the term `per-pupil facilities aid program' 
     means a program in which a State makes payments, on a per-
     pupil basis, to charter schools to provide the schools with 
     financing--
       ``(A) that is dedicated solely for funding charter school 
     facilities; or
       ``(B) a portion of which is dedicated for funding charter 
     school facilities.
       ``(2) Grants.--
       ``(A) In general.--From the amount reserved under section 
     5202(b)(1) remaining after the Secretary makes grants under 
     subsection (a), the Secretary shall make grants, on a 
     competitive basis, to States to pay for the Federal share of 
     the cost of establishing or enhancing, and administering per-
     pupil facilities aid programs.
       ``(B) Period.--The Secretary shall award grants under this 
     subsection for periods of not more than 5 years.
       ``(C) Federal share.--The Federal share of the cost 
     described in subparagraph (A) for a per-pupil facilities aid 
     program shall be not more than--
       ``(i) 90 percent of the cost, for the first fiscal year for 
     which the program receives assistance under this subsection;
       ``(ii) 80 percent in the second such year;
       ``(iii) 60 percent in the third such year;
       ``(iv) 40 percent in the fourth such year; and
       ``(v) 20 percent in the fifth such year.
       ``(D) State share.--A State receiving a grant under this 
     subsection may partner with 1 or more organizations to 
     provide up to 50 percent of the State share of the cost of 
     establishing or enhancing, and administering the per-pupil 
     facilities aid program.
       ``(E) Multiple grants.--A State may receive more than 1 
     grant under this subsection, so long as the amount of such 
     funds

[[Page 11910]]

     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 may be eligible to receive a grant under this 
     subsection if the State agrees to use the funds to develop a 
     per-pupil facilities aid program consistent with the 
     requirements of this subsection.
       ``(5) Applications.--To be eligible to receive a grant 
     under this subsection, a State shall submit an application to 
     the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require.''.

     SEC. 505. NATIONAL ACTIVITIES.

       Section 5205 (20 U.S.C. 7221d) is amended to read as 
     follows:

     ``SEC. 5205. NATIONAL ACTIVITIES.

       ``(a) Technical Assistance, Best Practices, and 
     Evaluation.--From the amount reserved under section 
     5202(b)(2), the Secretary shall--
       ``(1) disseminate technical assistance to State entities in 
     awarding subgrants under section 5203, and eligible entities 
     and States receiving grants under section 5204;
       ``(2) disseminate best practices; and
       ``(3) in partnership with the Institute for Education 
     Sciences, as appropriate--
       ``(A) develop relevant program performance metrics, 
     including student outcome data, for State entities, eligible 
     entities, and schools that receive funds under section 5203 
     and eligible applicants and charter schools that receive 
     funds under section 5205(b);
       ``(B) assist such State entities, eligible applicants, and 
     charter schools in collecting and submitting data on such 
     performance metrics to the Secretary;
       ``(C) evaluate the program performance of and conduct 
     related research to--
       ``(i) determine which policies and practices implemented 
     using funds received under section 5203 and 5205(b) have the 
     greatest impact on student achievement
       ``(ii) determine which charter school models funded under 
     this title lead to measurably improved student outcomes on 
     statewide assessments;
       ``(iii) examine the transfer of best and promising 
     practices between charter schools funded under this title and 
     other public schools;
       ``(iv) ensure the inclusion of all student subgroups as 
     described in section 1111(c)(3) in charter schools funded 
     under this title; and
       ``(v) drive continuous improvement; and
       ``(D) disseminate the findings of the research, evaluation 
     and data collection described in this section.
       ``(b) Grants to Eligible Applicants.--
       ``(1) In general.--The Secretary shall make grants, on a 
     competitive basis, to eligible applicants for the purpose of 
     carrying out the activities described in section 5202(a)(1), 
     subparagraphs (A) through (C) of section 5203(a)(1), and 
     section 5203(g).
       ``(2) Terms and conditions.--Except as otherwise provided 
     in this subsection, grants awarded under this subsection 
     shall have the same terms and conditions as grants awarded to 
     State entities under section 5203.
       ``(3) Eligible applicant defined.--For purposes of this 
     subsection, the term `eligible applicant' means an eligible 
     applicant that desires to open a charter school in--
       ``(A) a State that did not apply for a grant under section 
     5203;
       ``(B) a State that did not receive a grant under section 
     5203; or
       ``(C) a State that received a grant under section 5203 and 
     is in the 4th or 5th year of the grant period for such grant.
       ``(c) Contracts and Grants.--The Secretary may carry out 
     any of the activities described in this section directly or 
     through grants, contracts, or cooperative agreements.''.

     SEC. 506. RECORDS TRANSFER.

       Section 5208 (20 U.S.C. 7221g) is amended--
       (1) by inserting ``as quickly as possible and'' before ``to 
     the extent practicable''; and
       (2) by striking ``section 602'' and inserting ``section 
     602(14)''.

     SEC. 507. DEFINITIONS.

       Section 5210 (20 U.S.C. 7221i) is amended--
       (1) in paragraph (1)--
       (A) by striking ``and'' at the end of subparagraph (K);
       (B) by striking the period at the end of subparagraph (L) 
     and inserting ``; and''; and
       (C) by adding at the end, the following:
       ``(M) may serve prekindergarten or post secondary 
     students.'';
       (2) in paragraph (3)(B), by striking ``under section 
     5203(d)(3)''; and
       (3) by inserting at the end the following:
       ``(5) Expansion of a high-quality charter school.--The term 
     `expansion of a high-quality charter school' means 
     significantly increasing the enrollment of or adding more 
     grades to a high-quality charter school.
       ``(6) High-quality charter school.--The term `high-quality 
     charter school' means a charter school that--
       ``(A) shows evidence of increasing academic achievement for 
     all students and student subgroups as described in section 
     1111(c)(3), including--
       ``(i) the percentage of students in on-target and advanced 
     levels of achievement on the State academic assessments 
     required under section 1111(b)(3) compared to demographically 
     similar schools in the State;
       ``(ii) an average student academic, longitudinal growth 
     from one school year to the next school year, if available 
     and as determined by the State, on the State academic 
     assessments required under section 1111(b)(3) that exceeds 
     such growth in demographically similar schools in the State;
       ``(iii) in the case of a charter school that is a secondary 
     school--

       ``(I) a graduation rate that is above the graduation rate 
     for demographically similar schools in the State; and
       ``(II) attendance, retention, and postsecondary enrollment 
     rates that are above such rates for demographically similar 
     schools in the State; and

       ``(iv) closing achievement gaps among student subgroups as 
     described in section 1111(c)(3) and all students served by 
     the charter school; and
       ``(B) has no significant issues in the areas of student 
     safety, school discipline, including high rates of 
     suspensions and expulsions, financial management, or 
     statutory or regulatory compliance, including quality charter 
     school authorizing standards described in section 
     1111(d)(1)(I).
       ``(7) High-quality charter school model.--The term `high-
     quality charter school model' means a high-quality charter 
     school that possesses the capability, including sustainable 
     financing, to open another school campus under an existing 
     charter agreement.''.

     SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

       Section 5211 (20 U.S.C. 7221j) is amended to read as 
     follows:

     ``SEC. 5211. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart $300,000,000 for fiscal year 2014 and each of the 5 
     succeeding fiscal years.''.

     SEC. 509. CONFORMING AMENDMENTS.

       (a) Repeal.--Subpart 2 of part B of title V (20 U.S.C. 7223 
     et seq.) is repealed.
       (b) Table of Contents.--The table of contents in section 2 
     is amended--
       (1) by striking the item relating to section 5203 and 
     inserting the following:

``Sec. 5203. Grants to support high-quality charter schools.'';
       (2) by striking the item relating to section 5204 and 
     inserting the following:

``Sec. 5204. Facilities Financing Assistance.''; and
       (3) by striking subpart 2 of part B of title V.

           Subtitle B--Fund for the Improvement of Education

     SEC. 511. FUND FOR THE IMPROVEMENT OF EDUCATION.

       (a) In General.--Part D of title V (20 U.S.C. 7241 et seq.) 
     is amended to read as follows:

                   ``Part D--A Well-rounded Education

             ``Subpart 1--Grants to Support STEM Education

     ``SEC. 5401. PURPOSE.

       ``The purpose of this subpart is to improve student 
     academic achievement in STEM subjects by--
       ``(1) improving instruction in such subjects from preschool 
     through grade 12;
       ``(2) improving student engagement in, and increasing 
     student access to, courses in such subjects;
       ``(3) improving the quality and effectiveness of classroom 
     instruction by recruiting, training, and supporting effective 
     teachers and providing robust tools and supports for students 
     and teachers in such subjects;
       ``(4) implementing and integrating college and career ready 
     standards, described in section 1111(b)(2), in STEM subjects 
     and assessments aligned with those standards;
       ``(5) closing student achievement gaps, and preparing more 
     students for postsecondary education and careers, in such 
     subjects; and

[[Page 11911]]

       ``(6) Recognizing that STEM subjects are diverse and that 
     STEM education programs must expose students to content and 
     skills in a host of constantly changing and evolving content 
     areas.

     ``SEC. 5402. GRANTS; ALLOTMENTS.

       ``(a) Reservations.--
       ``(1) In general.--From the amounts appropriated under 
     section 5410 for a fiscal year, the Secretary shall reserve--
       ``(A) $35,000,000 for a STEM Master Teachers Corps program 
     under section 5405;
       ``(B) 3 percent to carry out activities described in 
     section 5405 and technical assistance to States, including 
     technical assistance with implementation of programs 
     consistent with the purpose of this part; and
       ``(C) if funds are not awarded by formula, as described in 
     subsection (c)(1), 5 percent for State capacity-building 
     grants in accordance with paragraph (2).
       ``(2) Capacity-building grants.--
       ``(A) In general.--In any year for which funding is 
     distributed competitively, as described in subsection (b)(1), 
     the Secretary may award 1 capacity-building grant to each 
     eligible entity that does not receive a grant under 
     subsection (b), on a competitive basis, to enable such States 
     to become more competitive in future years.
       ``(B) Duration.--Grants awarded under subparagraph (A) 
     shall be for a period of 1 year.
       ``(b) Competitive Grants.--
       ``(1) In general.--For each fiscal year for which the 
     amount appropriated to carry out this Act is less than 
     $250,000,000, the Secretary shall award grants, on a 
     competitive basis, to eligible entities to enable such 
     eligible entities to carry out the activities described in 
     this Act.
       ``(2) Duration.--Grants awarded under this subsection shall 
     be for a period of not more than 3 years.
       ``(3) Renewal.--
       ``(A) In general.--If an eligible entity demonstrates 
     progress, as measured by the metrics reported in section 
     5406(a)(5), the Secretary may renew a grant for an additional 
     2-year period.
       ``(B) Reduced funding.--Grant funds awarded under 
     subparagraph (A) shall be awarded at a reduced amount.
       ``(c) Formula Grants.--
       ``(1) In general.--For each fiscal year for which the 
     amount appropriated to carry out this Act is equal to or more 
     than $250,000,000, the Secretary shall award grants to 
     States, based on the formula described in paragraph (2).
       ``(2) Distribution of funds.--The Secretary shall allot to 
     each State--
       ``(A) an amount that bears the same relationship to 35 
     percent of the excess amount as the number of individuals 
     ages 5 through 17 in the State, as determined by the 
     Secretary on the basis of the most recent satisfactory data, 
     bears to the number of those individuals in all such States, 
     as so determined; and
       ``(B) an amount that bears the same relationship to 65 
     percent of the excess amount as the number of individuals 
     ages 5 through 17 from families with incomes below the 
     poverty line, in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined.
       ``(3) Funding minimum.--No State receiving an allotment 
     under this subsection may receive less than one-half of 1 
     percent of the total amount allotted under paragraph (1) for 
     a fiscal year.
       ``(4) Reallotment of unused funds.--If a State does not 
     successfully apply for or receive an allotment under this 
     subsection for a fiscal year, the Secretary shall reallot the 
     amount of the State's allotment to the remaining States in 
     accordance with this subsection.

     ``SEC. 5403. APPLICATIONS.

       ``(a) In General.--Each eligible entity desiring a grant 
     under this Act, whether through a competitive grant under 
     section 5402(b) or through an allotment under section 
     5402(c), shall submit an application to the Secretary at such 
     time, in such manner, and accompanied by such information as 
     the Secretary may require.
       ``(b) Contents.--At a minimum, an application submitted 
     under subsection (a) shall include the following:
       ``(1) A description of how grant funds will be used by the 
     eligible entity.
       ``(2) A description of how the eligible entity has involved 
     a variety of stakeholders in the development of the 
     application and a description of how the State or eligible 
     entity will continue to involve stakeholders in any education 
     reform efforts related to STEM subject instruction.
       ``(3) A description of the steps the eligible entity will 
     take to ensure that programs implemented by the subgrantees 
     use evidence-based strategies, ensure high-quality curricula, 
     and provide high-quality professional development.
       ``(4) An assurance that the eligible entity, in making 
     awards under section 5404(c), will give priority to 
     subgrantees that--
       ``(A) propose to serve students in schools in need of 
     improvement and persistently low achieving schools; or
       ``(B) propose to serve schools with a high percentage or 
     number of students that are eligible for free or reduced 
     price lunch under the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1751 et seq.).
       ``(5) A description of how the eligible entity's activities 
     and subgrants will be coordinated with other Federal, State, 
     and local programs and activities, including career and 
     technical education programs authorized under the Carl D. 
     Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
     2301 et seq.).
       ``(6) A review of the industry and business workforce needs 
     in the State in jobs that require knowledge or training in 
     STEM subject areas and a description of how that review will 
     inform efforts to improve education in STEM subjects.
       ``(7) A description of how the eligible entity will 
     allocate funds in a manner that will provide services to both 
     elementary schools and secondary schools.
       ``(8) A description of the technical assistance that the 
     eligible entity will provide to subgrantees to support the 
     activities undertaken by the subgrantees, including--
       ``(A) activities to employ multi-tiered systems of support 
     to provide early intervening services and to increase student 
     achievement in STEM subjects;
       ``(B) activities to ensure increased access for students 
     who are traditionally underrepresented in STEM subject fields 
     (including female students, minority students, students who 
     are limited English proficient, students who are children 
     with disabilities, and students from low-income families) to 
     high-quality courses and other learning experiences;
       ``(C) implementing evidence-based programs of instruction 
     based on college and career ready standards and high-quality 
     assessments in the identified subjects; and
       ``(D) developing curricula consistent with the principles 
     of universal design for learning as defined in section 103 of 
     the Higher Education Act of 1965.
       ``(9) A description of the key data metrics that will be 
     used and reported annually under section 5406(a)(5), that 
     shall include--
       ``(A) student academic achievement on mathematics and 
     science State academic assessments and student growth; and
       ``(B) for diploma granting schools, graduation rates.
       ``(10) Assurances that the eligible entity will monitor 
     implementation of approved subgrantee plans.

     ``SEC. 5404. AUTHORIZED ACTIVITIES.

       ``(a) Required Activities.--Each eligible entity that 
     receives a grant under this Act shall use not more than 5 
     percent of the grant funds to carry out each of the following 
     activities:
       ``(1) Providing technical assistance to subgrantees as 
     described in section 5403(b)(7) and technical assistance to 
     subgrantees that are prioritized in section 5404(d), 
     including subgrantees that serve low-capacity rural and urban 
     areas by--
       ``(A) informing those subgrantees that they have a priority 
     for competing for grants under section 5404(b); and
       ``(B) providing subgrantees who do not receive a grant 
     under section 5404(c) technical assistance so that they may 
     re-compete in following competitions.
       ``(2) Identifying and supporting high-quality professional 
     development and other comprehensive systems of support for 
     teachers and school leaders to promote high-quality 
     instruction and instructional leadership in the identified 
     subjects, aligned to college and career ready standards where 
     applicable.
       ``(3) Disseminating information, including making publicly 
     available on the websites of the State educational agency, on 
     promising practices to improve student achievement in STEM 
     subject areas.
       ``(b) Permissible Activities.--Each eligible entity that 
     receives a grant under this Act may use the grant funds to 
     carry out 1 or more of the following activities:
       ``(1) Recruiting qualified teachers and instructional 
     leaders who are trained in identified subjects, including 
     teachers who have transitioned into the teaching profession 
     from a career in a STEM field.
       ``(2) Providing induction and mentoring services to new 
     teachers in identified subjects.
       ``(3) Developing instructional supports, such as curricula 
     and assessments, which shall be evidence-based and aligned 
     with State academic standards and may include online 
     education.
       ``(4) Training personnel of subgrantees to use data systems 
     to continuously improve student achievement in STEM subjects 
     and use the data to better target curriculum and instruction 
     to meet the needs of each student.
       ``(c) Subgrants.--
       ``(1) In general.--Each eligible entity that receives a 
     grant under this Act shall award subgrants, on a competitive 
     basis, to eligible subgrantees.
       ``(2) Minimum subgrant.--An eligible entity shall award 
     subgrants under this subsection that are of sufficient size 
     and scope to support high-quality, evidence-based, effective 
     programs that are consistent with the purpose of this Act.
       ``(3) Subgrantee application.--Each subgrantee desiring a 
     subgrant under this subsection shall submit an application to 
     the eligible entity at such time, in such manner,

[[Page 11912]]

     and accompanied by such information as the eligible entity 
     may require, including, at a minimum:
       ``(A) A description of the needs identified by the 
     subgrantee, based on a needs assessment which shall include--
       ``(i) data for elementary school and secondary school 
     grades, as applicable and to the extent that such data are 
     available, on--

       ``(I) student achievement in science and mathematics, 
     including such data collected in accordance with the State 
     academic assessments;
       ``(II) science and mathematics teacher evaluation results 
     or ratings;
       ``(III) student access to mathematics and science courses 
     needed to enroll in credit-bearing coursework at institutions 
     of higher education in the State;
       ``(IV) access to science and mathematics courses for 
     student prekindergarten through grade 12 attending schools 
     prioritized under section 5404(d);
       ``(V) the percentage of students successfully--

       ``(aa) completing Advanced Placement (AP) or International 
     Baccalaureate (IB) courses in science and mathematics 
     subjects; or
       ``(bb) completing rigorous postsecondary education courses 
     in science and mathematics subjects;

       ``(VI) rates of college remediation in mathematics; and
       ``(VII) teacher shortages and teacher distribution among 
     the local educational agencies and schools served by the 
     subgrantee in science and mathematics subjects; and

       ``(ii) an analysis of the implementation of any multi-
     tiered systems of support that have been employed by the 
     local educational agency served by the subgrantee to address 
     the learning needs of students in any STEM subjects.
       ``(B) A description of the activities that the subgrantee 
     will carry out based on the findings of the needs assessment 
     described in subparagraph (A), and how such activities will 
     improve teaching and student academic achievement in the 
     identified subjects, in a manner consistent with evidence-
     based research.
       ``(C) A description of how the subgrantee will use funds 
     provided under this subsection to serve students and teachers 
     in schools prioritized under section 5404(d).
       ``(D) A description of how funds provided under this 
     subsection will be coordinated with other Federal, State, and 
     local programs and activities, including career and technical 
     education programs authorized under the Carl D. Perkins 
     Career and Technical Education Act of 2006 (20 U.S.C. 2301 et 
     seq.).
       ``(E) If the subgrantee is working with outside partners, a 
     description of how such outside partners will be involved in 
     improving instruction and increasing access to high-quality 
     learning experiences in the identified subjects.
       ``(4) Subgrantee use of funds.--
       ``(A) Required use of funds.--Each subgrantee that receives 
     a subgrant under this subsection shall use the subgrant funds 
     to carry out activities for students from preschool through 
     grade 12, consistent with the analysis and the activities 
     described in the subgrantee's application, which shall 
     include--
       ``(i) high-quality teacher and instructional leader 
     recruitment, support, evaluation, and professional 
     development in the identified subjects;
       ``(ii) professional development, which may include 
     development and support for instructional coaches, to enable 
     teachers and instructional leaders to increase student 
     achievement in identified subjects, through--

       ``(I) implementation of classroom assessments; and
       ``(II) differentiation of instruction in identified 
     subjects for all students, including for students with 
     disabilities and students who are English learners;

       ``(iii) activities to--

       ``(I) improve the content knowledge of teachers; and
       ``(II) facilitate professional collaboration, which may 
     include providing time for such collaborations;

       ``(iv) training to principals and teachers in implementing 
     STEM subject initiatives, particularly in the areas of--

       ``(I) utilizing data;
       ``(II) assessing the quality of STEM subject instruction; 
     and
       ``(III) providing time and support for teachers to plan 
     STEM subject instruction;

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

       ``(I) are aligned with State academic standards; and
       ``(II) the subgrantee will use to improve student academic 
     achievement in identified subjects; and

       ``(vi) the development or improvement, and implementation, 
     of multi-tiered systems of support to provide early 
     intervening services and to increase student achievement in 1 
     or more of the identified subjects.
       ``(B) Permissible use of funds.--In addition to the 
     required activities described in subparagraph (A), each 
     subgrantee that receives a subgrant under this subsection, 
     may also use the subgrant funds to--
       ``(i) support the participation of low-income students in 
     nonprofit competitions and out-of-school activities related 
     to STEM (such as robotics, science research, invention, 
     mathematics, and technology competitions), including--

       ``(I) the purchase of parts and supplies needed to 
     participate in such competitions;
       ``(II) incentives and stipends for teachers and 
     instructional leaders who are involved in assisting students 
     and preparing students for such competitions, if such 
     activities fall outside the regular duties and 
     responsibilities of such teachers and instructional leaders; 
     and
       ``(III) paying expenses associated with the participation 
     of low-income students in such local, regional, or national 
     competitions;

       ``(ii) improve the laboratories of schools served by the 
     subgrantee and provide instrumentation as part of a 
     comprehensive program to enhance the quality of STEM 
     instruction, including--

       ``(I) purchase, rental, or leasing of equipment, 
     instrumentation, and other scientific educational materials;
       ``(II) maintenance, renovation, and improvement of 
     laboratory facilities;
       ``(III) professional development and training for teachers;
       ``(IV) development of instructional programs designed to 
     integrate the laboratory experience with classroom 
     instruction and to be consistent with college and career 
     ready content standards in STEM subjects;
       ``(V) training in laboratory safety for school personnel;
       ``(VI) design and implementation of hands-on laboratory 
     experiences to encourage the interest of students, especially 
     students who are traditionally underrepresented in STEM 
     subject fields (including female students, minority students, 
     students who are limited English proficient, students who are 
     children with disabilities, and students from low-income 
     families) in STEM subjects and help prepare such students to 
     pursue postsecondary studies in these fields; and
       ``(VII) assessment of the activities funded under this 
     subparagraph;

       ``(iii) broaden secondary school students' access to, and 
     interest in, careers that require academic preparation in 1 
     or more identified subjects;
       ``(iv) integrate instruction in the identified subjects 
     with instruction in reading, English language arts, or other 
     core and noncore academic subjects;
       ``(v) develop and implement a STEAM curriculum, which means 
     the integration of instruction in the identified subjects 
     with instruction in the arts and design; or
       ``(vi) establish or access online or distance learning 
     programs for STEM subject teachers using evidence-based 
     curricula.
       ``(C) Limitation.--Each subgrantee that receives a subgrant 
     under this subsection shall not expend more than 15 percent 
     of the subgrant funds on the activities described in 
     subparagraph (B).
       ``(D) Matching funds.--
       ``(i) In general.--A State or eligible entity may require 
     an eligible subgrantee receiving a subgrant under this 
     subsection to demonstrate that such subgrantee has obtained a 
     commitment from 1 or more outside partners to match, using 
     non-Federal funds, a portion of the amount of subgrant funds, 
     in an amount determined by the State or eligible entity.
       ``(ii) Required minimum.--Notwithstanding clause (i), if an 
     eligible subgrantee partners with an outside partner that is 
     a for-profit entity, such subgrantee shall obtain matching 
     funds from the outside partner in an amount equal to not less 
     than 15 percent of the amount of the subgrant.
       ``(d) Priority.--In awarding grants under this part, an 
     eligible entity shall give priority to subgrantees proposing 
     to target services to--
       ``(1) students in schools in need of improvement and 
     persistently low-achieving schools; or
       ``(2) schools with a high percentage of students that are 
     eligible for free or reduced price lunch under the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.).

     ``SEC. 5405. NATIONAL COORDINATION.

       ``From the amount reserved under section 5402(a)(1)(B), the 
     Secretary shall consult with the Director of the National 
     Science Foundation and other Federal agencies conducting STEM 
     education programs to enhance such programs and to improve 
     coordination across agencies, such as--
       ``(1) clarifying the appropriate roles for the Department 
     of Education and the National Science Foundation in the 
     execution of summer workshops, institutes, or partnerships to 
     improve STEM education in elementary and secondary schools; 
     or
       ``(2) integrating afterschool, out-of-school, and informal 
     education efforts conducted across Federal agencies into 
     strategies for enhancing and improving STEM education.

     ``SEC. 5406. STEM MASTER TEACHER CORPS PROGRAM.

       ``(a) Grants Authorized.--From the funds reserved under 
     section 5402(a)(1)(A), the Secretary shall award 1 or more 
     grants, on a competitive basis, to entities described in 
     subsection (b)(1) to enable such entities to establish and 
     operate a one-time STEM master teacher corps program.

[[Page 11913]]

       ``(b) Stem Master Teacher Corps.--The term `STEM master 
     teacher corps' (referred to in this section as the `corps') 
     means a one-time program--
       ``(1) that establishes the viability of creating a long-
     term national-level master teacher corps as a means to 
     recognize and reward accomplished STEM educators;
       ``(2) operated by 1 or more State educational agencies, or 
     a consortium of local educational agencies, acting in 
     partnership with 1 or more outside partners that have a 
     demonstrated record of success in improving the effectiveness 
     of STEM teachers or increasing the retention of such 
     teachers;
       ``(3) that selects a group of highly rated teachers 
     (through a process, and for a duration, determined by the 
     entity described in paragraph (1)), as members of the corps, 
     that constitutes not less than 5 percent and not more than 10 
     percent of elementary school, middle school, and high school 
     teachers who teach STEM subjects and who--
       ``(A) teach in a participating high-need school in the 
     region served by the entity described in paragraph (1); or
       ``(B) agree to teach in a participating high-need school in 
     the region served by the entity described in paragraph (1) if 
     accepted as a member of the corps; and
       ``(4) that aims to attract, improve, and retain teachers 
     who teach STEM subjects and to increase student achievement 
     in such subjects, including by--
       ``(A) providing instructional leadership responsibilities 
     for corps members in their schools, local educational 
     agencies, or States, such as mentoring beginning STEM 
     teachers and leading professional development activities for 
     teachers not participating in the corps;
       ``(B) providing corps members with research-based 
     professional development on instructional leadership and 
     effective teaching methods for STEM subjects, including 
     coordinating with out-of-school-time and afterschool programs 
     to provide engaging STEM programs;
       ``(C) providing each teacher who is a corps member with a 
     salary supplement of not less than $10,000 per year, in 
     recognition of such teacher's teaching accomplishments, 
     leadership, and increased responsibilities, for each year 
     such teacher serves as a member of the corps; and
       ``(D) building a community of practice among corps members 
     to enable such members to network, collaborate, and to share 
     best practices and resources with each other.
       ``(c) Duration.--Grants awarded under this section shall be 
     for a period of not more than 3 years, after which the 
     program under this subsection shall end.
       ``(d) Application.--Each entity described in subsection 
     (b)(1) desiring a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     require.
       ``(e) Matching Funds.--The Secretary may require a grantee 
     under this section to provide non-Federal matching funds in 
     an amount equal to the amount of grant funds awarded under 
     this section.

     ``SEC. 5407. REPORTING REQUIREMENTS.

       ``(a) Eligible Entity Reports.--Each State educational 
     agency receiving an award under section 5403 shall report 
     annually to the Secretary regarding the State educational 
     agency's progress in addressing the purposes of this Act. 
     Such report shall include, at a minimum, a description of--
       ``(1) the professional development activities provided 
     under the award, including types of activities and entities 
     involved in providing professional development to classroom 
     teachers and other program staff;
       ``(2) the types of programs and, for children from 
     preschool to kindergarten entry, program settings, funded 
     under the award;
       ``(3) the ages and demographic information that is not 
     individually identifiable of children served by the programs 
     funded under the award;
       ``(4) student performance on data metrics identified under 
     section 5403(b)(8) used for STEM initiatives; and
       ``(5) the outcomes of programs and activities provided 
     under the award.
       ``(b) Eligible Subgrantee Reports.--Each eligible entity 
     receiving a subgrant under section 5404(c) shall report 
     annually to the State educational agency regarding the 
     eligible entity's progress in addressing the purposes of this 
     Act. Such report shall include, at a minimum, a description 
     of--
       ``(1) how the subgrant funds were used; and
       ``(2) student performance on relevant program metrics, as 
     identified in the State education agency's implementation 
     plan under section 5403(b)(8).

     ``SEC. 5408. SUPPLEMENT NOT SUPPLANT.

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

     ``SEC. 5409. MAINTENANCE OF EFFORT.

       ``A State that receives funds under this Act for a fiscal 
     year shall maintain the fiscal effort provided by the State 
     for the subjects supported by the funds under this Act at a 
     level equal to or greater than the level of such fiscal 
     effort for the preceding fiscal year.

     ``SEC. 5410. DEFINITIONS.

       ``In this Act:
       ``(1) Eligible entity.--The term `eligible entity' means a 
     State educational agency in partnership with--
       ``(A) another State educational agency;
       ``(B) a consortium of State educational agencies; or
       ``(C) the State agencies that oversee childcare programs, 
     state-funded prekindergarten, and part C of Individuals with 
     Disabilities Education Act.
       ``(2) Eligible subgrantee.--The term `eligible subgrantee' 
     means--
       ``(A) a local educational agency;
       ``(B) 1 or more local educational agencies providing early 
     learning programs, or 1 or more public or private early 
     learning programs, serving children from preschool through 
     kindergarten entry, such as a Head Start agency, a child care 
     program, or a State-funded pre-kindergarten program, as 
     appropriate;
       ``(C) an educational service agency serving more than 1 
     local educational agency;
       ``(D) a consortium of local educational agencies; or
       ``(E) any of the entities described in subparagraphs (A) 
     through (D) working in partnership with an outside partner.
       ``(3) Multi-tiered system of support.--For purposes of this 
     Act, the term `multi-tiered system of support' means a 
     comprehensive system of differentiated supports that includes 
     evidence-based instruction, universal screening, progress 
     monitoring, formative assessments, research-based 
     interventions matched to student needs and educational 
     decisionmaking using student outcome data.
       ``(4) Outside partner.--The term `outside partner' means an 
     entity that has expertise and a demonstrated record of 
     success in improving student learning and engagement in the 
     STEM subjects, including any of the following:
       ``(A) A nonprofit or community-based organization, such as 
     an Indian tribe.
       ``(B) A business.
       ``(C) A nonprofit cultural organization, such as a museum 
     or learning center.
       ``(D) An institution of higher education.
       ``(E) An educational service agency.
       ``(F) Another appropriate entity.
       ``(5) STEM subjects.--The term `STEM Subjects' means the 
     subjects of science, technology, engineering, and 
     mathematics, including other academic subjects that build on 
     or are integrated with these subjects, such as statistics, 
     computer science, and environmental literacy, the arts and 
     design, or other subjects a State identifies as important to 
     the workforce of the State.

     ``SEC. 5411. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart $500,000,000 for fiscal year 2014 and such sums as 
     may be necessary for subsequent fiscal years.

    ``Subpart 2--Grants to Support Comprehensive Literacy Education

     ``SEC. 5421. PURPOSES.

       ``The purposes of this part are--
       ``(1) to improve student literacy and academic achievement, 
     including the ability to problem solve, communicate 
     effectively, and acquire new knowledge and skills;
       ``(2) to assist State educational agencies and local 
     educational agencies in the development, coordination, and 
     implementation of comprehensive literacy plans that promote 
     high-quality evidence based instruction in alignment with 
     State early learning and college- and career-ready standards 
     from preschool through grade 12;
       ``(3) to identify and support students reading and writing 
     significantly below grade level by providing evidence-based, 
     intensive interventions to help the students acquire the 
     language and literacy skills the students need to stay on 
     track for graduation;
       ``(4) to support State educational agencies and local 
     educational agencies in improving reading, writing, and 
     literacy-based academic achievement for children and 
     students, especially children and students who are low-
     income, are English learners, are migratory, are children 
     with disabilities, are Indian or Alaskan Native, are 
     neglected or delinquent, are homeless, are in the custody of 
     the child welfare system, or have dropped out of school;
       ``(5) to provide assistance to local educational agencies 
     in order to provide educators with ongoing, job-embedded 
     professional development and other support focusing on 
     imparting and employing--
       ``(A) the characteristics of effective language and 
     literacy instruction;
       ``(B) the special knowledge and skills necessary to teach 
     and support literacy development effectively across the 
     developmental span and age span;
       ``(C) the essential components of reading instruction; and
       ``(D) the essential components of writing instruction;
       ``(6) to evaluate whether the professional development 
     activities and approaches are effective in building knowledge 
     and skills of educators and their use of appropriate and 
     effective practices.
       ``(7) to support State educational agencies and local 
     educational agencies in using age appropriate and 
     developmentally appropriate instructional materials and 
     strategies that assist teachers as the teachers work with

[[Page 11914]]

     students to develop reading and writing competencies 
     appropriate to the students' grade and skill levels;
       ``(8) to support efforts to link and align college and 
     career-ready standards and evidence-based teaching practices 
     and instruction in early childhood education programs serving 
     children from preschool through kindergarten entry;
       ``(9) strengthening coordination among schools, early 
     literacy programs, family literacy programs, juvenile justice 
     programs, public libraries, and outside-of-school programs 
     that provide children and youth with strategies, curricula, 
     interventions, and assessments designed to advance early and 
     continuing language and literacy development in ways 
     appropriate for each context; and
       ``(10) to engage the participation of parents in supporting 
     their child's communication and literacy development.

     ``SEC. 5422. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized--
       ``(1) to award State planning grants in accordance with 
     section 5423; and
       ``(2) to award State implementation grants in accordance 
     with section 5424 to enable the State educational agency to--
       ``(A) carry out the State activities described in section 
     5425;
       ``(B) award subgrants to eligible entities in accordance 
     with section 5426; and
       ``(C) award subgrants to eligible entities in accordance 
     with section 5427.
       ``(b) Awards to State Educational Agencies.--
       ``(1) Amounts less than $250,000,000.--If the amount 
     appropriated under section 5430 for a fiscal year is less 
     than $250,000,000, then the Secretary shall--
       ``(A) reserve not more than 5 percent to award planning 
     grants, on a competitive basis, to State educational 
     agencies, in accordance with section 5423; and
       ``(B) use the amount not reserved under subparagraphs (A) 
     to make awards, on a competitive basis, to State educational 
     agencies serving States that have applications approved under 
     section 5424(b) to enable the State educational agencies to 
     carry out sections 5424 and 5425.
       ``(2) Amounts equal to or exceeding $250,000,000.--
       ``(A) In general.--If the amount appropriated under section 
     5430 for a fiscal year equals or exceeds $250,000,000, then 
     the Secretary shall--
       ``(i) reserve a total of 1 percent of such amount for--

       ``(I) allotments for the United States Virgin Islands, 
     Guam, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands, to be distributed among such outlying areas 
     on the basis of their relative need, as determined by the 
     Secretary in accordance with the purposes of this Act; and
       ``(II) the Secretary of the Interior for programs under 
     sections 5423, 5424, 5425, 5426, and 5427 in schools operated 
     or funded by the Bureau of Indian Education;

       ``(ii) reserve not more than 5 percent to award planning 
     grants, to State educational agencies serving States, in 
     accordance with section 5423;
       ``(iii) reserve not more than 3 percent for national 
     activities, such as evaluations, training, and technical 
     assistance, to the Department of Education to support 
     comprehensive literacy reform at the State level; and
       ``(iv) use the amount not reserved under clauses (i), and 
     (ii) to make awards, from allotments under subparagraph (C), 
     to State educational agencies serving States that have 
     applications approved under section 5424 and that are not 
     receiving an allotment under clause (i)(I), to enable the 
     State educational agencies to carry out sections 5424 and 
     5425.
       ``(B) Special rules.--
       ``(i) Proportional division.--In each fiscal year, the 
     amount reserved under subparagraph (A)(i) shall be divided 
     between the uses described in subclauses (I) and (II) of 
     subparagraph (A)(i) in the same proportion as the amount 
     reserved under section 1121(a) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6331(a)) is 
     divided between the uses described in paragraphs (1) and (2) 
     of such section 1121(a) for such fiscal year.
       ``(ii) Consultation.--A State educational agency that 
     receives an allotment under this paragraph shall engage in 
     timely and meaningful consultation with representatives of 
     Indian tribes located in the State in order to improve the 
     coordination and quality of activities designed to develop 
     effective approaches to achieve the purposes of this Act 
     consistent with the cultural, language, and educational needs 
     of Indian students.
       ``(C) State allotment formula.--The Secretary shall allot 
     the amount made available under subparagraph (A)(iv) for a 
     fiscal year among the States not receiving an allotment from 
     the reservation under subparagraph (A)(i)(I) in proportion to 
     the number of children, from preschool through age 17, who 
     reside within the State and are from families with incomes 
     below the poverty line for the most recent fiscal year for 
     which satisfactory data are available, compared to the number 
     of such children who reside in all such States for that 
     fiscal year.
       ``(3) Minimum award amount.--Notwithstanding paragraphs (1) 
     and (2), no State educational agency receiving an award under 
     this section for a fiscal year may receive less than one-
     fourth of 1 percent of the total amount appropriated under 
     section 5430 for the fiscal year, except as provided under 
     paragraph (2)(A)(i).
       ``(c) Peer Review.--The Secretary shall convene a peer 
     review panel to evaluate the application for each grant 
     awarded to a State educational agency under sections 5423 and 
     5424 and shall make a copy of the peer review comments 
     available to the public.
       ``(d) Supplement Not Supplant.--Award funds provided under 
     this Act shall supplement, and not supplant, other Federal, 
     State, or local funds that would, in the absence of such 
     award funds, be made available for literacy instruction and 
     support of children and students participating in programs 
     assisted under this Act.
       ``(e) Maintenance of Effort.--Each State educational agency 
     that receives an award under sections 5423 and 5424, and each 
     eligible entity that receives a subgrant under section 5426 
     or 5427, shall maintain for the fiscal year for which the 
     grant or subgrant is received and for each subsequent fiscal 
     year the expenditures of the State educational agency or 
     eligible entity, respectively, for literacy instruction at a 
     level not less than the level of such expenditures maintained 
     by the State educational agency or eligible entity, 
     respectively, for the fiscal year preceding such fiscal year 
     for which the grant or subgrant is received.

     ``SEC. 5423. STATE PLANNING GRANTS.

       ``(a) Planning Grants Authorized.--
       ``(1) In general.--From any amounts made available under 
     paragraph (1)(A) or (2)(A)(ii) of section 5422(b), the 
     Secretary may award planning grants to State educational 
     agencies to enable the State educational agencies to develop 
     or improve a comprehensive planning to carry out activities 
     that improve literacy for children and students from 
     preschool through grade 12.
       ``(2) Grant period.--A planning grant awarded under this 
     section shall be for a period of not more than 1 year.
       ``(3) Nonrenewability.--The Secretary shall not award a 
     State educational agency more than 1 planning grant under 
     this section.
       ``(4) Limitation.--A State educational agency may not 
     receive a planning grant under this section at the same time 
     it is receiving an implementation grant under section 5424.
       ``(b) Application.--
       ``(1) In general.--Each State educational agency desiring a 
     planning grant under this section shall submit an application 
     to the Secretary at such time, in such manner, and 
     accompanied by such information as the Secretary may require.
       ``(2) Existing plan.--An existing federally funded State 
     literacy plan can be used to meet the requirements of this 
     subsection.
       ``(c) Required Activities.--A State educational agency 
     receiving planning grant funds under this section shall carry 
     out each of the following activities:
       ``(1) Reviewing reading, writing, or other literacy 
     resources and programs, such as school library programs, 
     high-quality distance learning programs, and data across the 
     State to identify any literacy needs and gaps in the State.
       ``(2) Forming or designating a State literacy leadership 
     team which shall execute the following functions:
       ``(A) Creating a comprehensive State literacy plan that--
       ``(i) is designed to improve language, reading, writing, 
     and academic achievement for children and students, 
     especially those reading below grade level;
       ``(ii) includes a needs assessment and an implementation 
     plan, including an analysis of child and student literacy 
     data to identify baseline and benchmark levels of literacy 
     and early literacy skills in order to monitor progress and 
     improvement, and a plan to improve literacy levels among all 
     children and students;
       ``(iii) ensures high quality strategies and instruction in 
     early literacy development (which includes communication, 
     reading, and writing) in early childhood education programs 
     serving children from preschool through kindergarten entry 
     and in kindergarten through grade 12 programs;
       ``(iv) provides for activities designed to improve literacy 
     achievement for students who--

       ``(I) read or write below grade level;
       ``(II) attend schools in need of improvement and 
     persistently low-achieving schools; and
       ``(III) attend schools with a high percentage or number of 
     students that are eligible for free or reduced price lunch 
     under the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1751 et seq.); and

       ``(v) is submitted to the Secretary.
       ``(B) Providing recommendations to guide the State 
     educational agency in the State educational agency's process 
     of strengthening State literacy standards and embedding State 
     literacy standards with the State's college and career ready 
     standards, academic achievement standards, and early learning 
     standards.
       ``(C) Providing recommendations to guide the State 
     educational agency in the State

[[Page 11915]]

     educational agency's process of measuring, assessing, and 
     monitoring progress in literacy at the school, local 
     educational agency, and State levels.
       ``(D) Identifying criteria for high quality professional 
     development providers, which providers may include qualified 
     teachers within the State, for the State educational agency 
     and local educational agencies.
       ``(E) Advising the State educational agency on how to help 
     ensure that local educational agencies and schools provide 
     timely and appropriate data to teachers to inform and improve 
     instruction.
       ``(F) Providing recommendations to guide the State 
     educational agency in the State educational agency's planning 
     process of building educators' capacity to provide high-
     quality literacy instruction.
       ``(3) Reporting requirement.--Not later than 1 year after a 
     State educational agency receives a planning grant under this 
     section, the State educational agency shall submit a report 
     to the Secretary on the State educational agency's 
     performance of the activities described in this subsection.

     ``SEC. 5424. STATE IMPLEMENTATION GRANTS.

       ``(a) Implementation Grants Authorized.--
       ``(1) In general.--From awards made available under 
     paragraph (1)(B) or (2)(A)(iv) of section 5422(b), the 
     Secretary shall, on a competitive basis or through 
     allotments, respectively, award implementation grants to 
     State educational agencies to enable the State educational 
     agencies--
       ``(A) to implement a comprehensive literacy plan that meets 
     the criteria in section 5423(c)(2)(A) for programs serving 
     children from preschool through kindergarten entry through 
     grade 12 programs;
       ``(B) to carry out State activities under section 5425; and
       ``(C) to award subgrants under sections 5426 and 5427.
       ``(2) Limitation.--The Secretary shall not award a 
     implementation grant under this section to a State for any 
     year for which the State has received a planning grant under 
     section 5423.
       ``(3) Duration of grants.--An implementation grant under 
     this section shall be awarded for a period of not more than 5 
     years.
       ``(4) Renewals.--
       ``(A) In general.--Implementation grants under this section 
     may be renewed.
       ``(B) Conditions.--In order to be eligible to have an 
     implementation grant renewed under this paragraph, the State 
     educational agency shall demonstrate to the satisfaction of 
     the Secretary that--
       ``(i) the State educational agency has complied with the 
     terms of the grant, including using the funds to--

       ``(I) increase access to high-quality professional 
     development;
       ``(II) use developmentally appropriate curricula and 
     teaching materials; and
       ``(III) use developmentally appropriate classroom-based 
     instructional assessments and developmentally appropriate 
     screening and diagnostic assessments; and

       ``(ii) with respect to students in kindergarten through 
     grade 12, during the period of the grant there has been 
     significant progress in student achievement, as measured by 
     the metrics described in section 5424(b)(2)(C).
       ``(b) State Applications.--
       ``(1) In general.--A State educational agency that desires 
     to receive an implementation grant under this section shall 
     submit an application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     require. The State educational agency shall collaborate with 
     all State agencies responsible for administering early 
     childhood education programs, and the State agency 
     responsible for administering child care programs, in the 
     State in writing and implementing the early learning portion 
     of the grant application under this subsection.
       ``(2) Contents.--An application described in paragraph (1) 
     shall include the following:
       ``(A) A description of the members of the State literacy 
     leadership team and a description of how the State 
     educational agency has developed a comprehensive State 
     literacy plan, as described in section 5423(c)(2)(A).
       ``(B) An implementation plan that includes a description of 
     how the State educational agency will--
       ``(i) carry out the State activities described in section 
     5425;
       ``(ii) assist eligible entities with--

       ``(I) providing strategic and intensive literacy 
     instruction based on scientifically valid research for 
     students who are reading and writing below grade level, 
     including through the use of multi-tiered systems of support, 
     including addressing the literacy needs of children and youth 
     with disabilities or developmental delays and English 
     learners in early childhood education programs serving 
     children from preschool through kindergarten entry and 
     programs serving students from preschool through grade 12;
       ``(II) providing training to parents, as appropriate, so 
     that the parents can participate in the literacy related 
     activities described in sections 5426 and 5427 to assist in 
     the language and literacy development of their children;
       ``(III) selecting and using reading and writing 
     assessments;
       ``(IV) providing classroom-based instruction that is 
     supported by one-to-one and small group work;
       ``(V) using curricular materials and instructional tools, 
     which may include technology, to improve instruction and 
     literacy achievement;
       ``(VI) providing for high-quality professional development; 
     and
       ``(VII) using the principles of universal design for 
     learning, as described in section 5429(b)(21);

       ``(iii) ensure that local educational agencies in the State 
     have leveraged and are effectively leveraging the resources 
     needed to implement effective literacy instruction, and have 
     the capacity to implement literacy initiatives effectively;
       ``(iv) continually coordinate and align the activities 
     assisted under this section and sections 5426 and 5427 with 
     reading, writing, and other literacy resources and programs 
     across the State and locally that serve children and students 
     and their families and promote literacy instruction and 
     learning, including strengthening partnerships among schools, 
     libraries, local youth-serving agencies, and programs, in 
     order to improve literacy for all children and youth; and
       ``(v) ensure that funds provided under this section are 
     awarded in a manner that will provide services to all grade 
     levels, including proportionally to middle schools and high 
     schools.
       ``(C) A description of the key data metrics that will be 
     used and reported annually under section 5428(b)(1)(E), that 
     shall include--
       ``(i) student academic achievement on the English language 
     arts State academic assessments and student growth over time;
       ``(ii) for diploma granting schools, graduation rates;
       ``(D) An assurance that the State educational agency will 
     use implementation grant funds under this section for 
     literacy programs as follows:
       ``(i) Not less than 10 percent of such grant funds shall be 
     used for State and local programs and activities pertaining 
     to learners from preschool through kindergarten entry.
       ``(ii) Not less than 40 percent of such implementation 
     grant funds shall be used for State and local programs and 
     activities allocated equitably among the grades of 
     kindergarten through grade 5.
       ``(iii) Not less than 40 percent of such implementation 
     grant funds shall be used for State and local programs and 
     activities, allocated equitably among grades 6 through 12.
       ``(iv) Not more than 10 percent of such implementation 
     grant funds shall be used for the State activities described 
     in section 5425.
       ``(E) An assurance that the State educational agency shall 
     give priority to awarding a subgrant to an eligible entity--
       ``(i) under section 5426 based on the number or percentage 
     of children younger than the age of kindergarten entry and 
     the number of students from kindergarten through 17 who are--

       ``(I) served by the eligible entity; and
       ``(II) from families with income below the poverty line, 
     based on the most recent satisfactory data provided to the 
     Secretary by the Bureau of the Census for determining 
     eligibility under section 1124(c)(1)(A) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)); 
     and

       ``(ii) under section 5427, that proposes to serve--

       ``(I) a high number or percentage of students served by the 
     eligible entity that are reading and writing below grade 
     level according to State assessments;
       ``(II) students that attend schools in need of improvement 
     and persistently low-achieving schools; and
       ``(III) students that attend schools with a high percentage 
     or number of students that are eligible for free or reduced 
     price lunch under the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1751 et seq.).

       ``(c) Approval of Applications.--
       ``(1) In general.--The Secretary, in consultation with the 
     peer review panel established under paragraph (2), shall 
     evaluate State educational agency applications under 
     subsection (b) based on the responsiveness of the 
     applications to the application requirements under such 
     subsection.
       ``(2) Peer review.--The Secretary shall convene a peer 
     review panel in accordance with section 5422(c) to evaluate 
     applications for each implementation grant awarded to a State 
     educational agency under this section.
       ``(3) Early learning.--In order for a State educational 
     agency's application under this section to be approved by the 
     Secretary, the application shall contain an assurance that 
     the State agencies responsible for administering early 
     childhood education programs and services, including the 
     State agency responsible for administering child care 
     programs and the State Advisory Council on Early Childhood 
     Education and Care established under section 642B(b) of the 
     Head Start Act (42 U.S.C. 9837b(b)), approves of, and will be 
     extensively consulted in the implementation of related 
     activities and services consistent with section 5426 with 
     respect to, the early learning portion of the application.

     ``SEC. 5425. STATE ACTIVITIES.

       ``(a) Required Activities.--A State educational agency 
     shall use funds made available under section 5422(a)(2)(A) 
     and described

[[Page 11916]]

     in section 5424(b)(2)(D)(iv) to carry out the activities 
     proposed in a State's plan consistent with section 
     5424(b)(2), including the following activities:
       ``(1) Carrying out the assurances and activities provided 
     in the State application under section 5424(b)(2).
       ``(2) In consultation with the State literacy leadership 
     team, providing technical assistance or engaging qualified 
     providers to provide technical assistance to eligible 
     entities to enable the eligible entities to design and 
     implement a literacy program under sections 5426 and 5427.
       ``(3) Providing technical assistance to eligible entities 
     that are prioritized in section 5424(b)(2)(E), including 
     eligible entities that serve low-capacity rural and urban 
     areas by--
       ``(A) informing those eligible entities that they have a 
     priority for competing for grants under section 5426 and 
     5427; and
       ``(B) providing eligible entities who do not receive a 
     grant under section 5426 and 5427 technical assistance so 
     that they may re-compete in following competitions.
       ``(4) Continuing to consult with the State literacy 
     leadership team and continuing to coordinate with 
     institutions of higher education in the State--
       ``(A) in order to provide recommendations to strengthen and 
     enhance preservice courses for students preparing, at 
     institutions of higher education in the State, to teach 
     children from preschool through grade 12 in explicit, 
     systematic, and intensive instruction in evidence-based 
     literacy methods; and
       ``(B) by following up reviews completed by the State 
     literacy leadership team with recommendations to ensure that 
     such institutions offer courses that meet the highest 
     standards.
       ``(5) Reviewing and updating, in collaboration with 
     teachers, statewide educational and professional 
     organizations representing teachers, and statewide 
     educational and professional organizations representing 
     institutions of higher education, State licensure and 
     certification standards in the area of literacy instruction 
     in early childhood education through grade 12.
       ``(6) Making publicly available, including on the State 
     educational agency's website, information on promising 
     instructional practices to improve student literacy 
     achievement.
       ``(b) Permissive Activities.--After carrying out activities 
     described in subsection (a), a State educational agency may 
     use remaining funds made available under section 
     5422(a)(2)(A) and described in section 5424(b)(2)(D)(iv) to 
     carry out 1 or more of the following activities:
       ``(1) Training the personnel of eligible entities to use 
     data systems that track student literacy achievement.
       ``(2) Developing literacy coach training programs and 
     training literacy coaches.
       ``(3) Building public support among local educational 
     agency personnel, early childhood education programs, and the 
     community for comprehensive literacy instruction for children 
     and students from preschool through grade 12.

     ``SEC. 5426. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF 
                   PRESCHOOL THROUGH KINDERGARTEN ENTRY LITERACY.

       ``(a) Subgrants.--
       ``(1) In general.--A State educational agency, in 
     consultation with the State agencies responsible for 
     administering early childhood education programs and 
     services, including the State agency responsible for 
     administering child care programs and the State Advisory 
     Council on Early Childhood Education and Care established 
     under section 642B(b) of the Head Start Act (42 U.S.C. 
     9837b(b)), shall use implementation grant funds provided 
     under section 5422(a)(2)(B) to award subgrants, on a 
     competitive basis, to eligible entities to enable the 
     eligible entities to support high-quality early literacy 
     initiatives for children from preschool through kindergarten 
     entry.
       ``(2) Duration.--The term of subgrant under this section 
     shall be for 5 years.
       ``(b) Sufficient Size and Scope.--Each subgrant awarded 
     under this section shall be of sufficient size and scope to 
     allow the eligible entity to carry out high-quality early 
     literacy initiatives for children from preschool through 
     kindergarten entry.
       ``(c) Local Applications.--An eligible entity desiring to 
     receive a subgrant under this section shall submit an 
     application to the State educational agency, at such time, in 
     such manner, and containing such information as the State 
     educational agency may require. Such application shall 
     include a description of--
       ``(1) how the subgrant funds will be used to enhance the 
     language and literacy aspects of school readiness of 
     children, from preschool through kindergarten entry, in early 
     childhood education programs, including an analysis of the 
     data used to identify how funds will be used to improve 
     language and literacy;
       ``(2) the programs assisted under the subgrant, including 
     demographic and socioeconomic information on the children 
     enrolled in the programs;
       ``(3) a budget for the eligible entity that projects the 
     cost of developing and implementing literacy initiatives to 
     carry out the activities described in subsection (e);
       ``(4) how, if the eligible entity is requesting a planning 
     period, the eligible entity will use that planning period to 
     prepare for successful implementation of a plan to support 
     the development of learning and literacy consistent with the 
     purposes of this Act;
       ``(5) the literacy initiatives, if any, in place and how 
     these initiatives will be coordinated and integrated with 
     activities supported under this section;
       ``(6) how the subgrant funds will be used to prepare and 
     provide ongoing assistance to staff in the programs, through 
     high-quality professional development;
       ``(7) how the subgrant funds will be used to provide 
     services, incorporate activities, and select and use literacy 
     instructional materials that meet the diverse developmental 
     and linguistic needs of children, including English learners 
     and children with disabilities and developmental delays, and 
     that are based on scientifically valid research on child 
     development and learning for children from preschool through 
     kindergarten entry;
       ``(8) how the subgrant funds will be used to provide 
     screening assessments, diagnostic assessments, classroom-
     based instructional assessments, and assessments of 
     developmental progress;
       ``(9) how families and caregivers will be involved, as 
     appropriate, in supporting their children's literacy 
     development, instruction, and assessment;
       ``(10) how the subgrant funds will be used to help 
     children, particularly children experiencing difficulty with 
     oral and written language, to make the transition from early 
     childhood education to formal classroom instruction;
       ``(11) how the activities assisted under the subgrant will 
     be coordinated with literacy instruction at the kindergarten 
     through grade 5 level;
       ``(12) how the subgrant funds will be used--
       ``(A) to evaluate the success of the activities assisted 
     under the subgrant in enhancing the early language and 
     literacy development of children from preschool through 
     kindergarten entry; and
       ``(B) to evaluate data for program improvement; and
       ``(13) such other information as the State educational 
     agency may require.
       ``(d) Approval of Local Applications.--The State 
     educational agency, in consultation with the State agencies 
     responsible for administering early childhood education 
     programs, including the State agency responsible for 
     administering child care programs and the State Advisory 
     Council on Early Childhood Education and Care established 
     under section 642B(b) of the Head Start Act (42 U.S.C. 
     9837b(b)), shall--
       ``(1) select applications for funding under this section 
     based on the quality of the applications submitted, including 
     the relationship between literacy activities proposed and the 
     research base or data supporting such activities, as 
     appropriate, and the recommendations of--
       ``(A) the State literacy leadership team; and
       ``(B) other experts in the area of early literacy; and
       ``(2) place priority for funding programs based on the 
     criteria in section 5424(b)(2)(E)(i).
       ``(e) Local Uses of Funds.--
       ``(1) In general.--An eligible entity that receives a 
     subgrant under this section shall use the subgrant funds 
     consistent with the application proposed in subsection (c) to 
     carry out the following activities:
       ``(A) Enhancing and improving early childhood education 
     programs to ensure that children in such programs are 
     provided with high-quality oral language and literature- and 
     print-rich environments in which to develop early literacy 
     skills.
       ``(B) Providing high-quality professional development.
       ``(C) Acquiring, providing training for, and implementing 
     screening assessments, diagnostic assessments, and classroom-
     based instructional assessments.
       ``(D) Selecting, developing, and implementing a multi-
     tiered system of support.
       ``(E) Integrating evidence-based instructional materials, 
     activities, tools, and measures into the programs offered by 
     the eligible entity to improve development of early learning 
     language and literacy skills.
       ``(F) Training providers and personnel to support, develop, 
     and administer high-quality early learning literacy 
     initiatives that--
       ``(i) utilize data--

       ``(I) to inform instructional design; and
       ``(II) to assess literacy needs; and

       ``(ii) provide time and support for personnel to meet to 
     plan literacy instruction.
       ``(G) Providing for family literacy services, as 
     appropriate, and partnering with families to support their 
     child's learning.
       ``(H) Annually collecting, summarizing, and reporting to 
     the State educational agency data--
       ``(i) to document and monitor, for the purpose of improving 
     or increasing early literacy and language skills development 
     pursuant to activities carried out under this section;
       ``(ii) to stimulate and accelerate improvement by 
     identifying the programs served by the eligible entity that 
     produce significant gains in skills development; and
       ``(iii) for all subgroups of students and categories of 
     students that--

[[Page 11917]]

       ``(I) utilizes a variety of data; and
       ``(II) is consistent across the State.

       ``(2) Limitation.--An eligible entity that receives a 
     subgrant under this section shall not use more than 10 
     percent of the subgrant funds to purchase curricula and 
     assessment materials.
       ``(f) Prohibition.--The use of assessment items and data on 
     any assessment authorized under this section to provide 
     rewards or sanctions for individual children, early childhood 
     educators, teachers, program directors, or principals is 
     prohibited.

     ``SEC. 5427. CONSEQUENCES OF INSUFFICIENT PROGRESS, REPORTING 
                   REQUIREMENTS, AND CONFLICTS OF INTEREST.

       ``(a) Consequences of Insufficient Progress.--
       ``(1) Consequences for grant recipients.--If the Secretary 
     determines that a State educational agency receiving an award 
     under section 5422(b) or an eligible entity receiving a 
     subgrant under section 5426 or 5427 is not making significant 
     progress in meeting the purposes of this Act and the key 
     metrics identified by the State educational agency under 
     section 5424(b)(2)(C) after the submission of a report 
     described in subsection (b), then the Secretary may withhold, 
     in whole or in part, further payments under this Act in 
     accordance with section 455 of the General Education 
     Provisions Act (20 U.S.C. 1234d) or take such other action 
     authorized by law as the Secretary determines necessary, 
     including providing technical assistance upon request of the 
     State educational agency or eligible entity, respectively.
       ``(2) Consequences for subgrant recipients.--
       ``(A) In general.--A State educational agency receiving an 
     award under section 5422(b) may refuse to award subgrant 
     funds to an eligible entity under section 5426 or 5427 if the 
     State educational agency finds that the eligible entity is 
     not making significant progress in meeting the purposes of 
     this Act, after--
       ``(i) affording the eligible entity notice, a period for 
     correction, and an opportunity for a hearing; and
       ``(ii) providing technical assistance to the eligible 
     entity.
       ``(B) Funds available.--Subgrant funds not awarded under 
     subparagraph (A) shall be redirected to an eligible entity 
     serving similar children and students in the same area or 
     region as the eligible entity not awarded the subgrant funds, 
     to the greatest extent practicable.
       ``(b) Reporting Requirements.--
       ``(1) State educational agency reports.--Each State 
     educational agency receiving an award under section 5422(b) 
     shall report annually to the Secretary regarding the State 
     educational agency's progress in addressing the purposes of 
     this Act. Such report shall include, at a minimum, a 
     description of--
       ``(A) the professional development activities provided 
     under the award, including types of activities and entities 
     involved in providing professional development to classroom 
     teachers and other program staff, such as school librarians;
       ``(B) the instruction, strategies, activities, curricula, 
     materials, and assessments used in the programs funded under 
     the award;
       ``(C)(i) the types of programs and, for children from 
     preschool to kindergarten entry, program settings, funded 
     under the award; and
       ``(ii) the ages and demographic information that is not 
     individually identifiable of children served by the programs 
     funded under the award;
       ``(D) the experience and qualifications of the program 
     staff who provide literacy instruction under the programs 
     funded under the award, including the experience and 
     qualifications of those staff working with children with 
     disabilities or developmental delays and with English 
     learners and children from preschool to kindergarten entry;
       ``(E) key data metrics identified under section 
     5424(b)(2)(C) used for literacy initiatives;
       ``(F) student performance on relevant program metrics, as 
     identified in the State education agency's implementation 
     plan under section 5424(b)(2)(C); and
       ``(G) the outcomes of programs and activities provided 
     under the award.
       ``(2) Eligible entity reports.--Each eligible entity 
     receiving a subgrant under section 5426 or 5427 shall report 
     annually to the State educational agency regarding the 
     eligible entity's progress in addressing the purposes of this 
     Act. Such report shall include, at a minimum, a description 
     of--
       ``(A) how the subgrant funds were used; and
       ``(B) student performance on relevant program metrics, as 
     identified in the State education agency's implementation 
     plan under section 5424(b)(2)(C).
       ``(c) Conflicts of Interest.--The Secretary shall ensure 
     that each member of the peer review panel described in 
     section 5422(c) and each member of a State literacy 
     leadership team participating in a program or activity 
     assisted under this Act does not stand to benefit financially 
     from a grant or subgrant awarded under this Act.

     ``SEC. 5428. DEFINITIONS.

       ``(a) In General.--Unless otherwise specified, the terms 
     used in this Act have the meanings given the terms in section 
     9101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801).
       ``(b) Other Terms.--In this Act:
       ``(1) Characteristics of effective literacy strategies and 
     instruction.--The term `characteristics of effective literacy 
     strategies and instruction' means--
       ``(A) for children from preschool through kindergarten 
     entry--
       ``(i) providing high quality professional development 
     opportunities for early childhood educators, teachers, and 
     school leaders in--

       ``(I) literacy development;
       ``(II) language development;
       ``(III) English language acquisition (as appropriate); and
       ``(IV) effective language and literacy instruction and 
     teaching strategies aligned to State standards;

       ``(ii) reading aloud to children, engaging children in 
     shared reading experiences, discussing reading with children, 
     and modeling age and developmentally appropriate reading 
     strategies;
       ``(iii) encouraging children's early attempts at 
     communication, reading, writing, and drawing, and talking 
     about the meaning of the reading, writing, and drawing with 
     others;
       ``(iv) creating conversation rich classrooms and using oral 
     modeling techniques to build oral language skills;
       ``(v) multiplying opportunities for children to use 
     language with peers and adults;
       ``(vi) providing strategic and explicit instruction in the 
     identification of speech sounds, letters, and letter-sound 
     correspondence;
       ``(vii) integrating oral and written language;
       ``(viii) stimulating vocabulary development;
       ``(ix) using differentiated instructional approaches or 
     teaching strategies, including--

       ``(I) individual and small group instruction or 
     interactions; and
       ``(II) professional development, curriculum development, 
     and classroom instruction;

       ``(x) applying the principles of universal design for 
     learning, as described in section 5429(b)(21);
       ``(xi) using age-appropriate screening assessments, 
     diagnostic assessments, formative assessments, and summative 
     assessments to identify individual learning needs, to inform 
     instruction, and to monitor--

       ``(I) student progress and the effects of instruction over 
     time; and
       ``(II) for children between the ages of preschool and 
     kindergarten entry, progress and development within 
     established norms;

       ``(xii) coordinating the involvement of families, early 
     childhood education program staff, principals, other school 
     leaders, and teachers in the reading and writing achievement 
     of children served under this Act;
       ``(xiii) using a variety of age and developmentally 
     appropriate, high quality materials for language development, 
     reading, and writing;
       ``(xiv) encouraging family literacy experiences and 
     practices, and educating teachers, public librarians, and 
     parents and other caregivers about literacy development and 
     child literacy development; and
       ``(xv) using strategies to enhance children's--

       ``(I) motivation to communicate, read, and write; and
       ``(II) engagement in self-directed learning;

       ``(B) for students in kindergarten through grade 3--
       ``(i) providing high quality professional development 
     opportunities, for teachers, literacy coaches, literacy 
     specialists, English as a second language specialists (as 
     appropriate), school librarians, and principals, on literacy 
     development, language development, English language 
     acquisition, and effective literacy instruction that--

       ``(I) aligns to State standards as well as local curricula 
     and instructional assessments; and
       ``(II) addresses literacy development opportunities across 
     the curricula;

       ``(ii) providing age appropriate direct and explicit 
     instruction;
       ``(iii) providing strategic, systematic, and explicit 
     instruction in phonological awareness, phonic decoding, 
     vocabulary, reading fluency, and reading comprehension;
       ``(iv) making available and using diverse texts at the 
     reading, development, and interest level of students;
       ``(v) providing multiple opportunities for students to 
     write individually and collaboratively with instruction and 
     feedback;
       ``(vi) using differentiated instructional approaches, 
     including individual, small group, and classroom-based 
     instruction and discussion;
       ``(vii) using oral modeling techniques and opportunities 
     for students to use language with the students' peers and 
     adults to build student language skills;
       ``(viii) providing time and opportunities for systematic 
     and intensive instruction, intervention, and practice to 
     supplement regular instruction, which can be provided inside 
     and outside the classroom as well as during and outside 
     regular school hours;
       ``(ix) providing instruction in uses of print materials and 
     technological resources for research and for generating and 
     presenting content and ideas;
       ``(x) using screening assessments, diagnostic assessments, 
     formative assessments,

[[Page 11918]]

     and summative assessments to identify student learning needs, 
     to inform instruction, and to monitor student progress and 
     the effects of instruction over time;
       ``(xi) coordinating the involvement of families, 
     caregivers, teachers, principals, other school leaders, and 
     teacher literacy teams in the reading and writing achievement 
     of children served under this Act;
       ``(xii) encouraging family literacy experiences and 
     practices; and
       ``(xiii) using strategies to enhance students'--

       ``(I) motivation to read and write; and
       ``(II) engagement in self-directed learning; and

       ``(C) for students in grades 4 through 12--
       ``(i) providing high quality professional development 
     opportunities for teachers, literacy coaches, literacy 
     specialists, English as a second language specialists (as 
     appropriate), school librarians, and principals, including 
     professional development on literacy development, language 
     development, and effective literacy instruction embedded in 
     schools and aligned to State standards;
       ``(ii) providing direct and explicit comprehension 
     instruction;
       ``(iii) providing direct and explicit instruction that 
     builds academic vocabulary and strategies and knowledge of 
     text structure for reading different kinds of texts within 
     and across core academic subjects;
       ``(iv) making available and using diverse texts at the 
     reading, development, and interest level of the students;
       ``(v) providing multiple opportunities for students to 
     write with clear purposes and critical reasoning appropriate 
     to the topic and purpose and with specific instruction and 
     feedback from teachers and peers;
       ``(vi) using differentiated instructional approaches;
       ``(vii) using strategies to enhance students'--

       ``(I) motivation to read and write; and
       ``(II) engagement in self-directed learning;

       ``(viii) providing for text-based learning across content 
     areas;
       ``(ix) providing systematic, strategic, and individual and 
     small group instruction, including intensive supplemental 
     intervention for students reading significantly below grade 
     level, which may be provided inside and outside the classroom 
     as well as during and outside regular school hours;
       ``(x) providing instruction in the uses of technology and 
     multimedia resources for classroom research and for 
     generating and presenting content and ideas;
       ``(xi) using screening assessments, diagnostic assessments, 
     formative assessments, and summative assessments to identify 
     learning needs, inform instruction, and monitor student 
     progress and the effects of instruction;
       ``(xii) coordinating the involvement of families and 
     caregivers, to the extent feasible and appropriate as 
     determined by the Secretary, to improve reading, writing, and 
     academic achievement; and
       ``(xiii) coordinating the involvement of school librarians, 
     teachers, principals, other school leaders, teacher literacy 
     teams, and English as a second language specialists (as 
     appropriate), that analyze student work and plan or deliver 
     instruction over time.
       ``(2) Classroom-based instructional assessment.--The term 
     `classroom-based instructional assessment' means an 
     assessment, for children between preschool through grade 3, 
     that--
       ``(A) is valid and reliable for the age and population of 
     children being assessed;
       ``(B) is used to evaluate children's developmental progress 
     and learning, including systematic observations by teachers 
     of children performing tasks, including academic and literacy 
     tasks, that are part of their daily classroom experience; and
       ``(C) is used to improve classroom instruction.
       ``(3) Comprehensive literacy instruction.--The term 
     `comprehensive literacy instruction' means instruction that--
       ``(A) involves the characteristics of effective literacy 
     instruction; and
       ``(B) is designed to support the essential components of 
     reading instruction and the essential components of writing 
     instruction.
       ``(4) Developmental delay.--The term `developmental delay' 
     has the meaning given the term in section 632 of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1432).
       ``(5) Diagnostic assessment.--The term `diagnostic 
     assessment' means an assessment that--
       ``(A) is valid, reliable, and based on scientifically valid 
     research on language, literacy, and English language 
     acquisition;
       ``(B) is used for the purposes of--
       ``(i) identifying a student's specific areas of strengths 
     and weaknesses in oral language and literacy;
       ``(ii) determining any difficulties that the student may 
     have in oral language and literacy and the potential cause of 
     such difficulties; and
       ``(iii) helping to determine possible literacy intervention 
     strategies and related special needs of the student; and
       ``(C) in the case of young children, is conducted after a 
     screening assessment that identifies potential risks or a 
     lack of school preparedness, including oral language and 
     literacy development, or delayed development.
       ``(6) Eligible entity.--The term `eligible entity' means--
       ``(A) when used with respect to children from preschool 
     through kindergarten entry--
       ``(i) 1 or more local educational agencies providing early 
     childhood education programs, or 1 or more public or private 
     early childhood education programs, serving children from 
     preschool through kindergarten entry (such as a Head Start 
     program, a child care program, a State-funded prekindergarten 
     program, a public library program, or a family literacy 
     program), that has a demonstrated record of providing 
     effective literacy instruction for the age group such agency 
     or program proposes to serve under section 5426; or
       ``(ii) 1 or more entities described in clause (i) acting in 
     partnership with 1 or more public agencies or private 
     nonprofit organizations that have a demonstrated record of 
     effectiveness--

       ``(I) in improving the early literacy development of 
     children from preschool through kindergarten entry; and
       ``(II) in providing professional development aligned with 
     the activities described in section 5426(e)(1); or

       ``(B) when used with respect to students in kindergarten 
     through grade 12--
       ``(i) that is--

       ``(I) a local educational agency;
       ``(II) a consortium of local educational agencies; or
       ``(III) or a local educational agency or consortium of 
     local educational agencies that may act in partnership with 1 
     or more public agencies or private nonprofit organizations, 
     which agencies or organizations shall have a demonstrated 
     record of effectiveness, consistent with the purposes of 
     their participation, in improving literacy achievement of 
     students from kindergarten through grade 12 and in providing 
     professional development described in section 5427(a)(3)(B);

       ``(ii) that--

       ``(I) is among, or consists of, the local educational 
     agencies in the State with the highest numbers or percentages 
     of students reading or writing below grade level, based on 
     the most currently available State academic assessment data;
       ``(II) has jurisdiction over a significant number or 
     percentage of schools that are identified for school 
     improvement under section 1116; or

       ``(iii) has the highest numbers or percentages of children 
     who are counted under section 1124(c) of the Elementary and 
     Secondary Education Act (20 U.S.C. 6333(c)), in comparison to 
     other local educational agencies in the State.
       ``(7) English language acquisition.--
       ``(A) In general.--The term `English language acquisition' 
     means the process by which a non-native English speaker 
     acquires proficiency in speaking, listening, reading, and 
     writing the English language.
       ``(B) Inclusions for english learners in school.--For an 
     English language learner in school, such term includes not 
     only the social language proficiency needed to participate in 
     the school environment, but also the academic language 
     proficiency needed to acquire literacy and academic content 
     and demonstrate the student's learning.
       ``(8) Essential components of reading instruction.--The 
     term `essential components of reading instruction' means 
     developmentally appropriate, contextually explicit, 
     systematic instruction, and frequent practice, in reading 
     across content areas.
       ``(9) Essential components of writing instruction.--The 
     term `essential components of writing instruction' means 
     developmentally appropriate and contextually explicit 
     instruction, and frequent practice, in writing across content 
     areas.
       ``(10) Family literacy services.--The term `family literacy 
     services' means literacy services provided on a voluntary 
     basis that are of sufficient intensity in terms of hours and 
     duration and that integrate all of the following activities:
       ``(A) Interactive literacy activities between or among 
     parents and their children, including parent literacy 
     training.
       ``(B) Training for parents regarding how to be the primary 
     teacher for their children and full partners in the education 
     of their children.
       ``(C) Parent literacy training that leads to economic self-
     sufficiency.
       ``(D) An age-appropriate education to prepare children for 
     success in school and life experiences.
       ``(11) Formative assessment.--The term `formative 
     assessment' means a process that--
       ``(A) is teacher-generated or selected by teachers and 
     students during instructional learning;
       ``(B) is embedded within the learning activity and linked 
     directly to the current unit of instruction; and
       ``(C) provides feedback to adjust ongoing teaching and 
     learning to improve students' achievement of intended 
     instructional outcomes.
       ``(12) High-quality professional development.--The term 
     `high-quality professional development' means professional 
     development that--
       ``(A) is job-embedded, ongoing, and based on scientifically 
     valid research;

[[Page 11919]]

       ``(B) is sustained, intensive, and classroom-focused;
       ``(C) is designed to increase the knowledge and expertise 
     of teachers, early childhood educators and administrators, 
     principals, other school leaders, and other program staff in 
     applying--
       ``(i) the characteristics of effective literacy 
     instruction;
       ``(ii) the essential components of reading instruction;
       ``(iii) the essential components of writing instruction; 
     and
       ``(iv) instructional strategies and practices that are 
     appropriate to the age, development, and needs of children 
     and improve student learning, including strategies and 
     practices consistent with the principles of universal design 
     for learning, as described in section 5429(b)(21);
       ``(D) includes and supports teachers in effectively 
     administering age appropriate and developmentally appropriate 
     assessments, and analyzing the results of such assessments 
     for the purposes of planning, monitoring, adapting, and 
     improving effective classroom instruction or teaching 
     strategies to improve student literacy;
       ``(E) for educators working with students in kindergarten 
     through grade 12--
       ``(i) supports the characteristics of effective literacy 
     instruction through core academic subjects, and through 
     career and technical education subjects where such career and 
     technical education subjects provide for the integration of 
     core academic subjects; and
       ``(ii) includes explicit instruction in discipline-specific 
     thinking and how to read and interpret discipline-specific 
     text structures and features;
       ``(F) includes instructional strategies utilizing one-to-
     one, small group, and classroom-based instructional materials 
     and approaches based on scientifically valid research on 
     literacy;
       ``(G) provides ongoing instructional literacy coaching--
       ``(i) to ensure high-quality implementation of effective 
     practices of literacy instruction that are content-centered, 
     integrated across the curricula, collaborative, and embedded 
     in the school, classroom, or other setting; and
       ``(ii) that uses student data to improve instruction;
       ``(H) includes and supports teachers in setting high 
     reading and writing achievement goals for all students and 
     provides the teachers with the instructional tools and skills 
     to help students reach such goals; and
       ``(I) is differentiated for educators working with children 
     from preschool through kindergarten entry, students in 
     kindergarten through grade 5, and students in grades 6 
     through 12, and, as appropriate, by student grade or student 
     need.
       ``(13) Literacy coach.--The term `literacy coach' means a 
     professional--
       ``(A) who--
       ``(i) has previous teaching experience and--

       ``(I) a master's degree with a concentration in reading and 
     writing education;
       ``(II) demonstrated proficiency in teaching reading or 
     writing in a core academic subject consistent with the 
     characteristics of effective literacy instruction; or
       ``(III) in the case of a literacy coach for children from 
     preschool through kindergarten entry, a concentration, 
     credential, or significant experience in child development 
     and early literacy development; and

       ``(ii) is able to demonstrate the ability to help 
     teachers--

       ``(I) apply research on how students become successful 
     readers, writers, and communicators;
       ``(II) apply multiple forms of assessment to guide 
     instructional decisionmaking and use data to improve literacy 
     instruction;
       ``(III) improve student writing and reading in and across 
     content areas such as mathematics, science, social studies, 
     and language arts;
       ``(IV) develop and implement differentiated instruction and 
     teaching approaches to serve the needs of the full range of 
     learners, including English learners and children with 
     disabilities;
       ``(V) apply principles of universal design for learning, as 
     described in section 5429(b)(21);
       ``(VI) employ best practices in engaging principals, early 
     childhood educators and administrators, teachers, and other 
     professionals supporting literacy instruction to change 
     school cultures to better encourage and support literacy 
     development and achievement; and
       ``(VII)(aa) for children from preschool through 
     kindergarten entry, set developmentally appropriate 
     expectations for language; and
       ``(bb) for all children, set literacy development and high 
     reading and writing achievement goals and select, acquire, 
     and use instructional tools and skills to help the children 
     reach such goals; and

       ``(B) whose role with teachers and professionals supporting 
     literacy instruction is--
       ``(i) to provide high-quality professional development;
       ``(ii) to work cooperatively and collaboratively with 
     principals, teachers, and other professionals in employing 
     strategies to help teachers identify and support student 
     language and literacy needs and teach literacy across content 
     areas and developmental domains; and
       ``(iii) to work cooperatively and collaboratively with 
     other professionals in employing strategies to help teachers 
     teach literacy across content areas so that the teachers can 
     meet the needs of all students, including children with 
     disabilities, English learners, and students who are reading 
     at or above grade level.
       ``(14) Multi-tiered system of support.--The term `multi-
     tiered system of support' means a comprehensive system of 
     differentiated supports that includes evidence-based 
     instruction, universal screening, progress monitoring, 
     formative assessments, evidence-based interventions matched 
     to student needs and educational decisionmaking using student 
     outcome data.
       ``(15) Reading.--The term `reading' means a complex system 
     of deriving meaning from print that requires, in ways that 
     are developmentally, content, and contextually appropriate, 
     all of the following:
       ``(A) Phonemes.--The skills and knowledge to understand how 
     phonemes, or speech sounds, are connected to print.
       ``(B) Accuracy, fluency, and understanding.--The ability to 
     read accurately, fluently, and with understanding.
       ``(C) Reading comprehension.--The use of background 
     knowledge and vocabulary to make meaning from a text.
       ``(D) Active strategies.--The development and use of 
     appropriate active strategies to interpret and construct 
     meaning from print.
       ``(16) Scientifically valid research.--The term 
     `scientifically valid research' has the meaning given the 
     term in section 200 of the Higher Education Act of 1965 (20 
     U.S.C. 1021).
       ``(17) Screening assessment.--The term `screening 
     assessment' means an assessment that--
       ``(A) is valid, reliable, and based on scientifically valid 
     research on literacy and English language acquisition; and
       ``(B) is a procedure designed as a first step in 
     identifying children who may be at high risk for delayed 
     development or academic failure and in need of further 
     diagnosis of the children's need for special services or 
     additional literacy instruction.
       ``(18) State.--The term `State' has the meaning given the 
     term in section 103 of the Higher Education Act of 1965 (20 
     U.S.C. 1003).
       ``(19) State literacy leadership team.--
       ``(A) In general.--The term `State literacy leadership 
     team' means a team that--
       ``(i) is appointed and coordinated by the State educational 
     agency;
       ``(ii) assumes the responsibility to guide the development 
     and implementation of a statewide, comprehensive literacy 
     plan;
       ``(iii) is composed of not less than 11 individuals; and
       ``(iv) shall include--

       ``(I) not less than 3 individuals who have literacy 
     expertise in one of each of the areas of--

       ``(aa) preschool through school entry, such as the State 
     Head Start collaboration director;
       ``(bb) kindergarten entry through grade 5; and
       ``(cc) grades 6 through 12;

       ``(II) a school principal;
       ``(III) teachers and administrators with expertise in 
     literacy and special education;
       ``(IV) teachers and administrators with expertise in 
     teaching the English language to English learners;
       ``(V) a representative from the State educational agency 
     who oversees literacy initiatives; and
       ``(VI) a representative from higher education who is 
     actively involved in research, development, or teacher 
     preparation in literacy instruction and intervention based on 
     scientifically valid research.

       ``(B) Inclusion of a preexisting partnership.--If, before 
     the date of enactment of the Student Success Act, a State 
     educational agency established a consortium, partnership, or 
     any other similar body that was considered a literacy 
     partnership for purposes of subpart 1 or 2 of part B of title 
     I of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6361 et seq., 6371 et seq.) and that includes the 
     individuals required under subparagraph (A)(iv), such 
     consortium, partnership, or body may be considered a State 
     literacy leadership team for purposes of subparagraph (A).
       ``(20) Summative assessment.--The term `summative 
     assessment' means an assessment that--
       ``(A) is valid, reliable, and based on scientifically valid 
     research on literacy and English language acquisition; and
       ``(B) measures--
       ``(i) for children from preschool through kindergarten 
     entry, how the children have progressed over time relative to 
     developmental norms; and
       ``(ii) for students in kindergarten through grade 12, what 
     the students have learned over time, relative to academic 
     content standards.
       ``(21) 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).
       ``(22) Writing.--The term `writing' means--

[[Page 11920]]

       ``(A) composing meaning in print or through other media, 
     including technologies, to communicate and to create new 
     knowledge in ways appropriate to the context of the writing 
     and the literacy development stage of the writer;
       ``(B) composing ideas individually and collaboratively in 
     ways that are appropriate for a variety of purposes, 
     audiences, and occasions;
       ``(C) choosing vocabulary, tone, genre, and conventions, 
     such as spelling and punctuation, suitable to the purpose, 
     audience, and occasion; and
       ``(D) revising compositions for clarity of ideas, 
     coherence, logical development, and precision of language 
     use.

     ``SEC. 5429. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart $500,000,000 for fiscal year 2014 and such sums as 
     may be necessary for subsequent fiscal years.

                 ``Subpart 3--A Well-Rounded Education

     ``SEC. 5431. PROGRAM AUTHORIZED.

       ``From the amount appropriated each fiscal year to carry 
     out this subpart, the Secretary--
       ``(1) shall--
       ``(A) reserve not less than 5 percent for national 
     activities under section 5438; and
       ``(B) of the funds remaining after the Secretary reserves 
     funds under subparagraph (A)--
       ``(i) use at least 30 percent to award grants to eligible 
     entities under this subpart to carry out proven practices, 
     strategies, or programs in American history, civic education, 
     and geography;
       ``(ii) use at least 10 percent to award grants to eligible 
     entities under this subpart to carry out proven practices, 
     strategies, or programs in economic and financial literacy 
     education and entrepreneurship education;
       ``(iii) use at least 20 percent to award grants to eligible 
     entities under this subpart to carry out proven practices, 
     strategies, or programs in foreign language education;
       ``(iv) use at least 20 percent to award grants to eligible 
     entities under this subpart to carry out proven practices, 
     strategies, or programs in arts education; and
       ``(v) use at least 10 percent to award grants to eligible 
     entities under this subpart to carry out proven practices, 
     strategies, or programs in Javits gifted and talented 
     education; and
       ``(2) may use the funds remaining after the Secretary 
     reserves and uses funds under paragraph (1) to award grants 
     to eligible entities under this subpart to carry out any of 
     the proven practices, strategies, or programs described in 
     clauses (i) through (v) of paragraph (1)(B).

     ``SEC. 5432. ELIGIBLE ENTITY DEFINED.

       ``In this subpart, an eligible entity means a State 
     educational agency, local educational agency, or an 
     educational service agency with a local educational agency 
     that is in partnership with one or more of the following:
       ``(1) An institution of higher education.
       ``(2) A nonprofit organization with demonstrated expertise 
     in the content areas described in section 5431(1)(B).
       ``(3) A library or museum.

     ``SEC. 5433. GRANT PRIORITY, DURATION, AND SIZE AND SCOPE 
                   REQUIREMENTS.

       ``(a) Priority.--In awarding grants under this subpart, the 
     Secretary shall give priority to--
       ``(1) eligible entities proposing to serve schools in need 
     of improvement or persistently low achieving schools; and
       ``(2) eligible entities proposing to serve a high 
     percentage and number of children from families with incomes 
     below the poverty line according to the most recent census 
     data approved by the Secretary.
       ``(b) Duration.--The Secretary shall award grants under 
     this subpart for a period of 5 years.
       ``(c) Sufficient Size and Scope.--In awarding grants under 
     this subpart, the Secretary shall ensure that grants are of 
     sufficient size and scope.

     ``SEC. 5434. SUPPLEMENT, NOT SUPPLANT.

       ``Funds received under this subpart shall be used to 
     supplement, not supplant, Federal and non-Federal funds 
     available to support child and youth services.

     ``SEC. 5435. APPLICATION REQUIREMENTS.

       ``(a) In General.--To receive a grant under one or more of 
     the grant programs described in clauses (i) through (v) of 
     section 5431(1)(B), an eligible entity shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing the information that the Secretary may 
     require, including the information described in subsection 
     (c).
       ``(b) Multiple Applications.--An eligible entity may apply 
     for one or more grant programs under this subpart, and may 
     use a consolidated application to apply for more than one 
     grant program under this subpart .
       ``(c) Application Requirements.-- An application submitted 
     under subsection (a) shall contain the following:
       ``(1) A description of the promising or proven practice, 
     strategy, or program that the applicant proposes to implement 
     in a content area listed in clauses (i) through (v) of 
     section 5431(1)(B).
       ``(2) A description of how the proposed practice, strategy, 
     or program is evidence-based and will improve teaching 
     practices as well as student achievement or student academic 
     growth especially with high-need student populations.
       ``(3) A description of how the proposed practice, strategy, 
     or program fits into the State or local educational agency's 
     overall strategy that students have access to a well-rounded 
     education.
       ``(4) A description of how the proposed practice, strategy, 
     or program will be aligned with school improvement plans.
       ``(5) A description of how the activities will adequately 
     address the needs of students with disabilities and English 
     learners.
       ``(6) A description of the applicant's plan for data 
     collection, analysis, and dissemination of results and 
     outcomes, including an assurance that the applicant will make 
     this information publicly available and accessible to 
     educators, researchers, and other experts.
       ``(7) A description of how the applicant will provide for 
     the completion of an independent evaluation of the project 
     (including through the use of formative and summative 
     evaluation methodologies) during the grant period to assess 
     its impact on student achievement, student academic growth, 
     student engagement, and other program goals, including its 
     potential for replication and expansion.
       ``(8) If the applicant proposes to expand an existing 
     practice, strategy, or program with at least moderate 
     evidence, a description of how the applicant proposes to 
     reach additional participants in such practice, strategy, or 
     program.
       ``(d) Peer Review.--The Secretary shall establish a peer-
     review process to assist in review of applications submitted 
     under this section.

     ``SEC. 5436. USES OF FUNDS.

       ``(a) In General.--Each eligible entity that receives a 
     grant under this subpart shall carry out one or more of the 
     following:
       ``(1) Plan, develop, expand, or improve practices, 
     strategies, and programs in the applicable content area.
       ``(2) Develop and implement instructional materials, 
     assessments (including performance-based assessments), and 
     curriculum, aligned with State standards in a content area 
     listed in clauses (i) through (v) of section 5431(1)(B), 
     which embed principles of universal design for learning, as 
     described in section 5429(b)(21), to support students with 
     diverse learning needs including English learners and 
     students with disabilities.
       ``(3) Develop and implement professional development for 
     teachers in the applicable content area in order to improve 
     classroom practices.
       ``(4) Align practices, strategies, and programs with 
     postsecondary programs for the continuation of instruction in 
     the academic subject for which the program strategy or 
     practice proposes to increase student achievement or student 
     growth.
       ``(5) Supporting the use of open educational resources or 
     other innovative uses of technology that are designed to 
     serve students at all levels of achievement.
       ``(6) Support efforts to expand access to advanced 
     coursework, especially for high-need students.
       ``(7) In the case of an eligible entity that is a State 
     educational agency, the eligible entity may also provide 
     technical assistance to local programs within the State.
       ``(b) Program Specific Requirements for Geography Grants.--
     In addition to meeting the requirements of subsection (a), an 
     eligible entity receiving a grant described in section 
     5431(1)(B)(i) may use the grant to--
       ``(1) carry out local, field-based activities for teachers 
     and students to improve their knowledge of the concepts and 
     tools of geography while enhancing understanding of their 
     home region; and
       ``(2) apply geographic information systems and technology 
     to the teaching of geography; and
       ``(3) using internet or distance-learning technology.
       ``(c) Program Specific Requirements for Economic, Financial 
     Literacy, and Entrepreneurship Education Grants.--In addition 
     to meeting the requirements of subsection (a), an eligible 
     entity receiving a grant described in section 
     5431(1)(B)(ii)--
       ``(1) may use the grant to--
       ``(A) carry out programs to teach personal financial 
     management skills;
       ``(B) carry out programs to teach the basic principles 
     involved with earning, spending, saving, investing, credit, 
     and insurance; and
       ``(C) implement financial and economic literacy activities 
     and sequences of study within, or coordinated with, core 
     academic subjects; and
       ``(2) is strongly encouraged to--
       ``(A) include interactions with the local business 
     community to the fullest extent possible to reinforce the 
     connection between economic and financial literacy; and
       ``(B) work with private businesses to obtain matching 
     contributions for Federal funds and assist recipients in 
     working toward self-sufficiency.
       ``(d) Program Specific Requirements for Foreign Language 
     Grants.--In addition to meeting the requirements of 
     subsection (a), an eligible entity receiving a grant 
     described in section 5431(1)(B)(iii) may use the grant to 
     carry out the following activities:
       ``(1) Developing and implementing intensive summer foreign 
     language programs for professional development.

[[Page 11921]]

       ``(2) Linking nonnative English speakers in the community 
     with the schools in order to promote two-way language 
     learning.
       ``(3) Promoting the sequential study of a foreign language 
     for students, beginning in elementary schools.
       ``(4) Making effective use of technology, such as computer-
     assisted instruction, language laboratories, or distance 
     learning, to promote foreign language study.
       ``(5) Developing and implementing, high quality dual 
     language programs.
       ``(6) Promoting innovative activities, such as foreign 
     language immersion, partial foreign language immersion, or 
     content-based instruction.
       ``(7) Providing opportunities for maximum foreign language 
     exposure for students domestically, such as the creation of 
     immersion environments in the classroom and school, on 
     weekend or summer experiences, and special tutoring and 
     academic support.
       ``(8) providing for the possibility for multiple entry 
     points for studying the foreign language.
       ``(9) Creating partnerships with elementary and secondary 
     schools in other countries to facilitate language and 
     cultural learning and exchange.
       ``(10) Providing support for a language supervisor to 
     oversee and coordinate the progress of the articulated 
     foreign language program across grade levels in the local 
     education agency funded under this subpart.
       ``(e) Program Specific Requirements for Javits Gifted and 
     Talented Grants.--In addition to meeting the requirements of 
     subsection (a), an eligible entity receiving a grant 
     described in section 5431(1)(B)(v) may use the grant to carry 
     out the following activities:
       ``(1) Providing funds for challenging, high-level course 
     work, disseminated through technologies (including distance 
     learning), for individual students or groups of students in 
     schools and local educational agencies that would not 
     otherwise have the resources to provide such course work.
       ``(2) Ensuring that assessments provide diagnostic 
     information that informs instruction for high-achieving 
     students.
       ``(3) Carrying out training and professional development 
     for school personnel involved in the teaching of high-
     achieving, educationally disadvantaged students, such as 
     instructional staff, principals, counselors, and 
     psychologists.
       ``(4) Conducting education and training for parents of 
     high-achieving, educationally disadvantaged students to 
     support educational excellence for such students.

     ``SEC. 5437. EVALUATION.

       ``Each eligible entity receiving a grant under this subpart 
     shall conduct an independent program-level evaluation and 
     submit preliminary results to the Secretary at such a time 
     and in such manner as the Secretary may require in order to 
     determine the eligible entity's eligibility to continue to 
     receive funding under this subpart.

     ``SEC. 5438. NATIONAL ACTIVITIES.

       ``(a) In General.--From the amounts reserved under section 
     5431(1)(A), the Secretary shall carry out the national 
     activities described in subsection (b) directly or by 
     entering into contracts with an eligible educational entity.
       ``(b) National Activities.--The national activities that 
     shall be carried out under this section are as follows:
       ``(1) Technical assistance.
       ``(2) Development of curricula.
       ``(3) Production, development, and dissemination of high-
     quality educational content (including digital content) in 
     academic content areas under this subpart.
       ``(4) Research and collecting information on, and 
     identifying, effective programs and best practices and 
     disseminating that information to States, local educational 
     agencies, institutions of higher education, and other 
     stakeholders.

     ``SEC. 5439. PROFESSIONAL DEVELOPMENT ACTIVITIES.

       ``(a) Eligible Educational Entity Defined.--In this 
     section, the term `eligible educational entity' means a 
     national nonprofit educational entity with a proven track 
     record and demonstrated expertise in one or more of the 
     following areas as related to the activities described in 
     subsection (b):
       ``(1) High-quality professional development programs, 
     including writing programs for teachers across disciplines 
     and at all grade levels.
       ``(2) History education programs.
       ``(3) Civics and government education programs.
       ``(4) Economic and financial literacy education programs.
       ``(5) Geography education programs.
       ``(6) Foreign Language education programs.
       ``(7) Arts education programs.
       ``(8) Gifted and talented programs.
       ``(9) Reading and book distribution programs (including 
     pediatric early literacy programs).
       ``(10) Educational and instructional video programming 
     (including early literacy programming) for a public 
     telecommunications entity.
       ``(b) Priority.--In awarding a contract to an eligible 
     educational entity under this section, the Secretary shall 
     give priority to an entity that provides support to the 
     eligible entities receiving a grant under this subpart or 
     eligible entities receiving a grant under the subpart 1 or 2 
     to develop instructional systems that provide--
       ``(1) a systematic and coherent combination of 
     instructional materials;
       ``(2) embedded formative and interim assessments;
       ``(3) professional development;
       ``(4) information on student learning; and
       ``(5) academic interventions based on cognitive science and 
     content-area knowledge and are aligned with college- and 
     career-ready standards.

     ``SEC. 5440. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart $150,000,000 for fiscal year 2014 and such sums as 
     may be necessary for each succeeding fiscal year.

     ``Subpart 4--Transforming Education Through Technology Grants

     ``SEC. 5441. PURPOSES.

       ``The purposes of this subpart are to--
       ``(1) improve the achievement, academic growth, and 
     college-and-career readiness of students who have developed 
     the ability to think critically, apply knowledge to solve 
     complex problems, work collaboratively, communicate 
     effectively, be self-directed, and be responsible digital 
     citizens;
       ``(2) ensure all students have access to individualized, 
     rigorous, and engaging digital learning experiences;
       ``(3) ensure that educators have the knowledge and skills 
     to develop and implement digital learning curriculum, use 
     technology effectively in order to personalize and strengthen 
     instruction, and effectively create, deliver, and utilize 
     assessments to measure student outcomes and support student 
     success;
       ``(4) ensure that administrators have the leadership, 
     management, knowledge, and skills to design, develop, and 
     implement a school or local educational agency-wide digital 
     age learning environment; and
       ``(5) improve the efficiency and productivity of education 
     through technology.

     ``SEC. 5442. E-RATE RESTRICTION.

       ``Funds awarded under this subpart may be used to address 
     the networking needs of a recipient of such funds for which 
     the recipient is eligible to receive support under the E-rate 
     program, except that such funds may not be duplicative of 
     support received by the recipient under the E-rate program.

     ``SEC. 5443. RULE OF CONSTRUCTION REGARDING PURCHASING.

       ``Nothing in this subpart shall be construed to permit a 
     recipient of funds under this subpart to purchase goods or 
     services using such funds without ensuring that the purchase 
     is free of any conflict of interest between such recipient, 
     or any partner of such recipient, and the person or entity 
     receiving such funds.

     ``SEC. 5444. DEFINITIONS.

       ``In this subpart:
       ``(1) Digital learning.--The term `digital learning' means 
     any instructional practice that effectively uses technology 
     to strengthen a student's learning experience and encompasses 
     a wide spectrum of tools and practices, including--
       ``(A) interactive learning resources that engage students 
     in academic content;
       ``(B) access to online databases and other primary source 
     documents;
       ``(C) the use of data to personalize learning and provide 
     targeted supplementary instruction;
       ``(D) student collaboration with content experts and peers;
       ``(E) online and computer-based assessments;
       ``(F) digital content, adaptive, and simulation software or 
     courseware,
       ``(G) online courses, online instruction, or digital 
     learning platforms;
       ``(H) mobile and wireless technologies for learning in 
     school and at home;
       ``(I) learning environments that allow for rich 
     collaboration and communication;
       ``(J) authentic audiences for learning in a relevant, real 
     world experience;
       ``(K) teacher participation in virtual professional 
     communities of practice; and
       ``(L) hybrid or blended learning, which occurs under direct 
     instructor supervision at a school or other location away 
     from home and, at least in part, through online delivery of 
     instruction with some element of student control over time, 
     place, path, or pace.
       ``(2) Eligible technology.--The term `eligible technology' 
     means modern information, computer, and communication 
     technology hardware, software, services, or tools, including 
     computer or mobile hardware devices and other computer and 
     communications hardware, software applications, systems and 
     platforms, and digital and online content, courseware, and 
     online instruction and other online services and supports, 
     including technology that is interoperable and is in 
     accordance with principles of universal design for learning, 
     as described in section 5429(b)(21).
       ``(3) Students with disabilities.--The term `students with 
     disabilities' means students with disabilities as defined 
     under the Individuals with Disabilities Education Act and 
     section 504 of the Rehabilitation Act of 1973.
       ``(4) Student technology literacy.--The term `student 
     technology literacy' means

[[Page 11922]]

     student knowledge and skills in using contemporary 
     information, communication, and learning technologies in a 
     manner necessary for successful employment, lifelong 
     learning, and citizenship in the knowledge-based, digital, 
     and global 21st century, including, at a minimum, the ability 
     to--
       ``(A) effectively communicate and collaborate;
       ``(B) analyze and solve problems;
       ``(C) access, evaluate, manage, and create information and 
     otherwise gain information literacy;
       ``(D) demonstrate creative thinking, construct knowledge, 
     and develop innovative products and processes; and
       ``(E) carry out the activities described in subparagraphs 
     (A) through (D) in a safe and ethical manner.
       ``(5) Technology readiness survey.--The term `technology 
     readiness survey' means a survey completed by a local 
     educational agency that provides standardized information 
     comparable to the information collected through the 
     technology readiness survey administered under the Race to 
     the Top Assessment program under section 14006 of division A 
     of the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5) on the quantity and types of technology 
     infrastructure and access available to the students served by 
     the local educational agency, including computer devices, 
     Internet connectivity, operating systems, related network 
     infrastructure, data systems, and--
       ``(A) requiring--
       ``(i) an internal review of the degree to which 
     instruction, additional student support, and professional 
     development is delivered in digital formats, media, and 
     platforms and is available to students and educators at any 
     time;
       ``(ii) an internal review of the ability of educators to 
     use assessments and other student data to personalize and 
     strengthen instruction and identify professional development 
     needs and priorities; and
       ``(iii) any other information required by the State 
     educational agency serving the local educational agency; and
       ``(B) may include an assessment of local community needs to 
     ensure students have adequate on-line access and access to 
     devices for school-related work during out-of-school time.

     ``SEC. 5445. TECHNOLOGY GRANTS PROGRAM AUTHORIZED.

       ``(a) In General.--From the amounts appropriated under 
     section 5451, the Secretary shall award State Grants for 
     Technology Readiness and Access (in this title referred to as 
     `grants') to State educational agencies to strengthen State 
     and local technological infrastructure and professional 
     development that supports digital learning through State 
     activities under section 5447(c) and local activities under 
     section 5448(c).
       ``(b) Grants to State Educational Agencies.--
       ``(1) Reservations.--From the amounts appropriated under 
     section 5451 for any fiscal year, the Secretary shall 
     reserve--
       ``(A) three-fourths of 1 percent for the Secretary of 
     Interior to provide assistance under this title for schools 
     operated or funded by the Bureau of Indian Education; and
       ``(B) 1 percent to provide assistance under this title to 
     the outlying areas.
       ``(2) Grants.--From the amounts appropriated under section 
     106 for any fiscal year and remaining after the Secretary 
     makes reservations under paragraph (1), the Secretary shall 
     make a grant for the fiscal year to each State educational 
     agency with an approved application under section 5446 in an 
     amount that bears the same relationship to such remainder as 
     the amount the State educational agency received under part A 
     of title I of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6311 et seq.) for such year bears to the 
     amount all State educational agencies with an approved 
     application under section 102 received under such part (20 
     U.S.C. 6311 et seq.) for such year.
       ``(c) Minimum.--The amount of a grant to a State 
     educational agency under subsection (b)(2) for a fiscal year 
     may not be less than one-half of 1 percent of the total 
     amount made available for grants to all State educational 
     agencies under such subsection for such year.
       ``(d) Reallotment of Unused Funds.--If any State 
     educational agency does not apply for a grant under 
     subsection (b)(2) for a fiscal year, or does not use its 
     entire grant under subsection (b)(2) for such year, the 
     Secretary shall reallot the amount of the State educational 
     agency's grant, or the unused portion of the grant, to the 
     remaining State educational agencies that use their entire 
     grant amounts under subsection (b)(2) for such year.
       ``(e) Matching Funds.--
       ``(1) In general.--A State educational agency that receives 
     a grant under subsection (b)(2) shall provide matching funds, 
     from non-Federal sources, in an amount equal to 20 percent of 
     the amount of grant funds provided to the State educational 
     agency to carry out the activities supported by the grant. 
     Such matching funds may be provided in cash or in-kind, 
     except that any such in-kind contributions shall be provided 
     for the purpose of supporting the State educational agency's 
     activities under section 104(c).
       ``(2) Waiver.--The Secretary may waive the matching 
     requirement under paragraph (1) for a State educational 
     agency that demonstrates that such requirement imposes an 
     undue financial hardship on the State educational agency.

     ``SEC. 5446. STATE APPLICATIONS.

       ``(a) Application.--To receive a grant under section 
     5445(b)(2), a State educational agency shall submit to the 
     Secretary an application at such time and in such manner as 
     the Secretary may require and containing the information 
     described in subsection (b).
       ``(b) Contents.--Each application submitted under 
     subsection (a) shall include the following:
       ``(1) A description of how the State educational agency 
     will meet the following goals:
       ``(A) Use technology to ensure all students achieve 
     college-and-career readiness and technology literacy, 
     including by providing high-quality education opportunities 
     to economically or geographically isolated student 
     populations.
       ``(B) Provide educators with the tools, devices, content, 
     and resources to--
       ``(i) significantly improve teaching and learning, 
     including support to increase personalization for and 
     engagement of students in pursuit of college-and-career 
     readiness and technology literacy; and
       ``(ii) develop and use assessments to improve instruction, 
     including instruction consistent with the principles of 
     universal design for learning, as described in section 
     5429(b)(21), and instruction for students with disabilities 
     and English-language learners.
       ``(C) Ensure administrators and school leaders have the 
     flexibility and capacity to develop and manage systems to 
     carry out activities described in subparagraphs (A) and (B), 
     and support administrators and school leaders in utilizing 
     technology to promote equity and increase efficiency and 
     productivity.
       ``(D) Enable local educational agencies to build the 
     technological capacity and infrastructure (including through 
     local purchasing of eligible technology), necessary for the 
     full implementation of on-line assessments for all students, 
     (including students with disabilities and English-language 
     learners) and to--
       ``(i) ensure the interoperability of data systems and 
     eligible technology; and
       ``(ii) carry out subparagraphs (A) through (C).
       ``(2) A description of the results of the technology 
     readiness in the State as determined by local educational 
     agency responses to the technology readiness survey, 
     including--
       ``(A) the status of the ability of each local educational 
     agency served by the State educational agency to meet the 
     goals described in section 104(b)(1);
       ``(B) an assurance that not less 90 percent of the local 
     educational agencies served by the State educational agency 
     have completed and submitted the technology readiness survey 
     to the State educational agency; and
       ``(C) an assurance that the results of the technology 
     readiness survey for each such local educational agency are 
     made available to the Secretary and the public through the 
     Website of the local educational agency.
       ``(3) A description of the plan for the State educational 
     agency to support each local educational agency served by the 
     State educational agency in meeting the goals described in 
     section 104(b)(1) not later than 3 years after the local 
     educational agency completes the technology readiness survey 
     by addressing the readiness gaps identified in such survey.
       ``(4) A description of the State's process for the 
     adoption, acquisition, distribution, and use of content, how 
     the State will ensure integrity of such processes, and how 
     such processes support the goals under paragraph (1) or how a 
     State will change such processes to support such goals, and 
     how the State will ensure content quality.
       ``(5) A description of how the State educational agency 
     will ensure its data systems and eligible technology are 
     interoperable.
       ``(6) An assurance that the State educational agency will 
     consider making content widely available through open 
     educational resources when making purchasing decisions with 
     funds received under this title.
       ``(7) A description of the State's student technology 
     literacy standards and the technology standards for teachers 
     and administrators, and an assurance that the State's student 
     technology literacy standards meet the requirements of 
     section 7(8).
       ``(8) An assurance that subgrant awards under section 104 
     will be carried out by the local educational agency staff 
     with responsibility for leadership, coordination, and 
     implementation of instructional and other classroom 
     technologies.
       ``(9) A description of how the State educational agency 
     will award subgrants to local educational agencies under 
     section 104.
       ``(10) A description of the process, activities, and 
     performance measures, that the State educational agency will 
     use to evaluate the impact and effectiveness of the grant and 
     subgrants funds awarded under this part across the State and 
     in each local educational agency.

[[Page 11923]]

       ``(11) A description of how the State educational agency 
     will, in providing technical and other assistance to local 
     educational agencies, give priority to the local educational 
     agencies proposing to target services to--
       ``(A) students in schools in need of improvement and 
     persistently low-achieving schools; and
       ``(B) schools with a high percentage of students that are 
     eligible for free or reduced price lunch under the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
       ``(12) A description of how the State educational agency 
     consulted with local educational agencies in the development 
     of the State educational agency's application under this 
     subsection.
       ``(13) An assurance that the State educational agency will 
     provide matching funds as required under section 101(e).
       ``(14) A description of how the State educational agency 
     will ensure that funds received under this title is not 
     duplicative of support received under the E-rate program.
       ``(15) An assurance that the State educational agency, in 
     making awards under section 5448, will give priority to local 
     educational agencies that--
       ``(A) propose to serve students in schools in need of 
     improvement and persistently low-achieving schools; or
       ``(B) propose to serve schools with a high percentage or 
     number of students that are eligible for free or reduced 
     price lunch under the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1751 et seq.).
       ``(16) An assurance that the State educational agency will 
     protect the privacy and safety of students and teachers, 
     consistent with requirements of section 444 of the General 
     Education Provisions Act (20 U.S.C. 1232g) (commonly known as 
     the `Family Educational Rights and Privacy Act of 1974') and 
     section 2441(a) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6777(a)).

     ``SEC. 5447. STATE USE OF GRANT FUNDS.

       ``(a) Reservation for Subgrants to Support Technology 
     Infrastructure.--Each State educational agency that receives 
     a grant under section 101(b)(2) shall expend not less 90 
     percent of the grant amount for each fiscal year to award 
     subgrants to local educational agencies in accordance with 
     section 5448.
       ``(b) Reservation for State Activities.--
       ``(1) In general.--A State educational agency shall reserve 
     not more than 10 percent of the grant received under section 
     101(b)(2) for the State activities described in subsection 
     (c).
       ``(2) Grant administration.--Of the amount reserved by a 
     State educational agency under paragraph (1), the State 
     educational agency may reserve not more than 1 percent or 3 
     percent, in the case of a State educational agency awarding 
     subgrants under section 104(a)(2), for the administration of 
     the grant under this title, except that a State educational 
     agency that forms a State purchasing consortium under 
     subsection (d)--
       ``(A) may reserve an additional 1 percent to carry out the 
     activities described in subsection (d)(1); and
       ``(B) shall receive direct approval from the local 
     educational agencies receiving subgrants under section 104(a) 
     from the State educational agency prior to reserving more 
     than the additional percentage authorized under subparagraph 
     (A) to carry out the activities described in subsection 
     (d)(1).
       ``(c) Priority.--In awarding subgrants under this part, the 
     State educational agency shall give priority to local 
     educational agencies proposing to target services to--
       ``(1) students in schools in need of improvement or 
     persistently low-achieving schools; and
       ``(2) schools with a high percentage or number of students 
     that are eligible for free or reduced price lunch under the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 1751 
     et seq.).
       ``(c) State Activities.--A State educational agency shall 
     use funds described in subsection (b) to carry out each of 
     the following:
       ``(1) Except for the awarding of subgrants in accordance 
     with section 104, activities described in the State 
     educational agency's application under section 102(b).
       ``(2) Providing technical assistance to local educational 
     agencies to--
       ``(A) identify and address technology readiness needs;
       ``(B) redesign curriculum and instruction, improve 
     educational productivity, and deliver computer-based and 
     online assessment;
       ``(C) use technology, consistent with the principles of 
     universal design for learning, as described in section 
     5429(b)(21), to support the learning needs of all students 
     including students with disabilities and English-language 
     learners;
       ``(D) support principals to have the expertise to evaluate 
     teachers' proficiency in implementing digital tools for 
     teaching and learning; and
       ``(E) build capacity of individual school and local 
     educational agency leaders.
       ``(3) Developing or utilizing research-based or innovative 
     strategies for the delivery of specialized or rigorous 
     academic courses and curricula through the use of technology, 
     including digital learning technologies and assistive 
     technology.
       ``(4) Integrating and coordinating activities under this 
     title with other educational resources and programs across 
     the State.
       ``(5) Disseminating information, including making publicly 
     available on the Websites of the State educational agency 
     promising practices to improve technology instruction, and 
     acquiring and implementing technology tools and applications.
       ``(6) Ensuring that teachers, paraprofessionals, library 
     and media personnel, specialized instructional support 
     personnel, and administrators possess the knowledge and 
     skills to use technology--
       ``(A) for curriculum redesign to change teaching and 
     learning and improve student achievement;
       ``(B) for formative and summative assessment 
     administration, data analysis, and to personalize learning;
       ``(C) to improve student technology literacy;
       ``(D) to expand the range of supports and accommodations 
     available to English-language learners and students with 
     disabilities; and
       ``(E) for their own ongoing professional development and 
     for access to teaching resources and tools.
       ``(7) Coordinating with teacher and school leader 
     preparation programs to--
       ``(A) align digital learning teaching standards; and
       ``(B) provide ongoing professional development for teachers 
     and school leaders that is aligned to State student 
     technology standards and activities promoting college-and-
     career readiness.
       ``(d) Purchasing Consortia.--
       ``(1) In general.--A State educational agency receiving a 
     grant under section 101(b)(2) may--
       ``(A) form a State purchasing consortium with 1 or more 
     State educational agencies receiving such a grant to carry 
     out the State activities described in clause, including 
     purchasing eligible technology;
       ``(B) encourage local educational agencies to form local 
     purchasing consortia under section 104(c)(4); and
       ``(C) promote pricing opportunities to local educational 
     agencies for the purchase of eligible technology that are--
       ``(i) negotiated by the State educational agency or the 
     State purchasing consortium of the State educational agency; 
     and
       ``(ii) available to such local educational agencies.
       ``(2) Restrictions.--A State educational agency receiving a 
     grant under section 101(b)(2) may not--
       ``(A) except for promoting the pricing opportunities 
     described in paragraph (1)(C), make recommendations to local 
     educational agencies for or require use of any specific 
     commercial products and services by local educational 
     agencies;
       ``(B) require local educational agencies to participate in 
     a State purchasing consortia or local purchasing consortia; 
     or
       ``(C) use more than the reservation amount authorized for 
     the administration of the grant under subsection (b) to carry 
     out the activities described in paragraph (1), unless the 
     State educational agency receives approval in accordance with 
     subsection (b)(2)(B).

     ``SEC. 5448. LOCAL SUBGRANTS.

       ``(a) Subgrants.--
       ``(1) Grants to local educational agencies.--From the grant 
     funds provided under section 101(b)(2) to a State educational 
     agency that are remaining after the State educational agency 
     makes reservations under section 104(b) for any fiscal year 
     and subject to paragraph (2), the State educational agency 
     shall award subgrants for the fiscal year to local 
     educational agencies served by the State educational agency 
     and with an approved application under subsection (b) by 
     allotting to each such local educational agency an amount 
     that bears the same relationship to the remainder as the 
     amount received by the local educational agency under part A 
     of title I of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.) for such year bears to the 
     amount received by all such local educational agencies under 
     such part for such year, except that no local educational 
     agency may receive less than $5,000.
       ``(2) Competitive grants to local educational agencies.--If 
     the amount of funds appropriated under section 106 is less 
     than $500,000,000 for any fiscal year, a State educational 
     agency--
       ``(A) shall not award subgrants under paragraph (1); and
       ``(B) shall--
       ``(i) award subgrants, on a competitive basis, to local 
     educational agencies based on the quality of applications 
     submitted under (b), including--

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

[[Page 11924]]

       ``(ii) ensure that such subgrants are of sufficient size 
     and scope to carry out the local activities described in 
     subsection (c).
       ``(3) Definition of local educational agency for certain 
     fiscal years.--For purposes of awarding subgrants under 
     paragraph (2), the term `local educational agency' means--
       ``(A) a local educational agency;
       ``(B) an educational service agency; or
       ``(C) a local educational agency and an educational service 
     agency.
       ``(b) Application.--A local educational agency that desires 
     to receive a subgrant under subsection (a) shall submit an 
     application to the State at such time, in such manner, and 
     accompanied by such information as the State educational 
     agency may require, including--
       ``(1) a description of how the local educational agency 
     will--
       ``(A) carry out the goals described in subparagraphs (A) 
     through (C) of section 101(b)(1); and
       ``(B) enable schools served by the agency to build the 
     technological capacity and infrastructure (including through 
     local purchasing of eligible technology), necessary for the 
     full implementation of on-line assessments for all students 
     (including students with disabilities and English-language 
     learners) and to--
       ``(i) ensure the interoperability of data systems and 
     eligible technology; and
       ``(ii) carry out the goals described in subparagraphs (A) 
     through (C) of section 101(b)(1); and
       ``(C) align activities funded under this part with school 
     improvement plans, when applicable, described under section 
     1116(b)(3);
       ``(2) a description of the results of the technology 
     readiness survey completed by the local educational agency 
     and a description of the plan for the local educational 
     agency to meet the goals described in paragraph (1) within 3 
     years of completing the survey;
       ``(3) a description of the local educational agency's 
     technology plan to carry out paragraphs (1) and (3) and how 
     the agency will align and coordinate the activities under 
     this section with other activities across the local 
     educational agency;
       ``(4) a description of the team of educators that will 
     coordinate and carry out the activities under this section, 
     including individuals with responsibility and expertise in 
     instructional technology, teachers that specialize in 
     supporting students with disabilities and English-language 
     learners, school leaders, technology officers, and staff 
     responsible for assessments and data analysis;
       ``(5) a description of how the local educational agency 
     will evaluate teachers' proficiency and progress in 
     implementing technology for teaching and learning;
       ``(6) a description of how the local educational agency 
     will ensure that principals have the expertise to evaluate 
     teachers' proficiency and progress in implementing technology 
     for teaching and learning and the interoperability of data 
     systems and eligible technology;
       ``(7) a description of the local educational agency's 
     procurement process and process for the creation, 
     acquisition, distribution, and use of content, how the local 
     educational agency will ensure integrity of such processes, 
     and how such processes support the goals described in 
     paragraph (1) or how a local educational agency will change 
     such processes to support such goals, and how the local 
     educational agency will ensure content quality;
       ``(8) a description of how the local educational agency 
     will carry out activities under subsection (c);
       ``(9) a description of how the subgrant funds received 
     under subsection (a) will be coordinated with and supported 
     by other Federal, State, and local funds to support 
     activities under this title;
       ``(10) a description of how the local educational agency 
     will ensure that the subgrant received under subsection (a) 
     is not duplicative of support received under the E-rate 
     program; and
       ``(11) an assurance that the local educational agency will 
     protect the privacy and safety of students and teachers, 
     consistent with requirements section 444 of the General 
     Education Provisions Act (20 U.S.C. 1232g) (commonly known as 
     the `Family Educational Rights and Privacy Act of 1974') and 
     section 2441(a) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6777(a)).
       ``(c) Use of Funds.--
       ``(1) Technology infrastructure.--Subject to paragraph (3), 
     a local educational agency receiving a subgrant under 
     subsection (a) shall use not less than 40 percent of such 
     funds to support activities for the acquisition of eligible 
     technology needed to--
       ``(A) except for the activities described in paragraph (2), 
     carry out activities described in the application submitted 
     under subsection (b), including purchasing devices, 
     equipment, and software applications, and improving 
     connectivity to and within schools; and
       ``(B) address readiness shortfalls identified under the 
     technology readiness survey completed by the local 
     educational agency.
       ``(2) Professional development for digital learning.--
     Subject to paragraph (3), a local educational agency 
     receiving a subgrant under subsection (a)--
       ``(A) shall use not less than 35 percent of such funds to 
     carry out--
       ``(i) digital age professional development opportunities 
     for teachers, paraprofessionals, library and media personnel, 
     specialized instructional support personnel, technology 
     coordinators, and administrators in the effective use of 
     modern information and communication technology tools and 
     digital resources to deliver instruction, curriculum and 
     school classroom management, including for classroom teachers 
     to assess, support, and provide engaging student learning 
     opportunities, including professional development that--

       ``(I) is ongoing, sustainable, and scalable;
       ``(II) is participatory;
       ``(III) includes communication and regular interactions 
     with instructors, facilitators, and peers and is directly 
     related to up-to-date teaching methods in content areas;
       ``(IV) includes strategies and tools for improving 
     communication with parents and family engagement;
       ``(V) may be built around active professional learning 
     communities or online communities of practice or other tools 
     that increase collaboration among teachers across schools, 
     local educational agencies, or States; and
       ``(VI) may contain on-demand components, such as 
     instructional videos, training documents, or learning 
     modules;

       ``(ii) ongoing professional development in strategies, 
     pedagogy, and assessment in the core academic subjects that 
     involve the use of technology and curriculum redesign as key 
     components of supporting effective, innovative teaching and 
     learning, and improving student achievement;
       ``(iii) ongoing professional development in the use of 
     educational technologies to ensure every educator achieves 
     and maintains technology literacy, including possessing and 
     maintaining the knowledge and skills to use technology--

       ``(I) across the curriculum for student learning;
       ``(II) for real-time data analysis and online or digital 
     assessment to enable individualized instruction; and
       ``(III) to develop and maintain student technology 
     literacy;

       ``(iv) ongoing professional development for school leaders 
     to provide and promote leadership in the use of--

       ``(I) educational technology to ensure a digital-age 
     learning environment, including the capacity to lead the 
     reform or redesign of curriculum, instruction, assessment; 
     and
       ``(II) data through the use of technology in order to 
     increase student learning opportunity, student technology 
     literacy, student access to technology, and student 
     engagement in learning; and

       ``(v) a review of the effectiveness of the professional 
     development and regular intervals of learner feedback and 
     data; and
       ``(B) may use such funds for--
       ``(i) the use of technology coaches to work directly with 
     teachers, including through the preparation of teachers as 
     technology leaders or master teachers--

       ``(I) who are provided with the means to serve as experts 
     and to create professional development opportunities for 
     other teachers in the effective use of technology; and
       ``(II) who may leverage technologies, such as distance 
     learning and online virtual educator-to-educator peer 
     communities, as a means to support ongoing, participatory 
     professional growth around the integration of effective 
     educational technologies;

       ``(ii) innovative approaches to ongoing professional 
     development such as non-standard achievement recognition 
     strategies, including digital badging, gamification elements, 
     use of learner-created learning objects, integration of 
     social and professional networking tools, rating and 
     commenting on learning artifacts, and personalization of 
     professional development; and
       ``(iii) any other activities required to carry out the 
     local educational agency's technology plan described in 
     subsection (b)(4).
       ``(3) Modification of funding allocations.--A State 
     educational agency may authorize a local educational agency 
     to modify the percentage of the local educational agency's 
     subgrant funds required to carry out the activities described 
     in paragraphs (1) or (2) if the local educational agency 
     demonstrates that such modification will assist the local 
     educational agency in more effectively carrying out such 
     activities.
       ``(4) Purchasing consortia.--Local educational agencies 
     receiving subgrants under subsection (a) may--
       ``(A) form a local purchasing consortia with other such 
     local educational agencies to carry out the activities 
     described in this subsection, including purchasing eligible 
     technology; and
       ``(B) use such funds for purchasing eligible technology 
     through a State purchasing consortia under section 103(d).

     ``SEC. 5449. REPORTING.

       ``(a) Local Educational Agencies.--Each local educational 
     agency receiving a subgrant under section 104 shall submit to 
     the State educational agency that awarded such subgrant an 
     annual report the meets the requirements of subsection (c).
       ``(b) State Educational Agencies.--Each State educational 
     agency receiving a grant

[[Page 11925]]

     under section 101(b)(2) shall submit to the Secretary an 
     annual report that meets the requirements of subsection (c).
       ``(c) Report Requirements.--A report submitted under 
     subsection (a) or (b) shall include, at a minimum, a 
     description of--
       ``(1) the status of the State education agency's plan 
     described in section 102(b)(3) or local education agency's 
     technology plan under section 104(b)(4), as applicable;
       ``(2) the categories of eligible technology acquired and 
     types of programs funded under this title and how such 
     technology is being used;
       ``(3) the professional development activities funded under 
     this title, including types of activities and entities 
     involved in providing such professional development; and
       ``(4) information on the impact of the grant on students 
     and student outcomes, such as--
       ``(A) the number of and demographic information about 
     students who are served under this part;
       ``(B) student achievement, student growth, and graduation 
     rates of such students;
       ``(C) college-and-career readiness data about such 
     students, such as rates of credit accumulation, course taking 
     and completion, and college enrollment and persistence;
       ``(D) student attendance and participation rates;
       ``(E) student engagement and discipline;
       ``(F) school climate and teacher working conditions;
       ``(G) increases in inclusion of students with disabilities 
     and English-language learners; and
       ``(H) such other information the Secretary may require or 
     other information State educational agencies or local 
     educational agencies served under this part propose to 
     include, as approved by the Secretary.

     ``SEC. 5450 ESTABLISHMENT OF THE ADVANCED RESEARCH PROJECT 
                   AGENCY-EDUCATION.

       ``(a) Program Established.--From the amounts appropriated 
     under section 5451, the Secretary of Education may reserve up 
     to 5 percent to--
       ``(1) establish and carry out the Advanced Research 
     Projects Agency-Education (in this Act referred to as `ARPA-
     ED') to--
       ``(A) identify and promote advances in learning, 
     fundamental and applied sciences, and engineering that may be 
     translated into new learning technologies;
       ``(B) develop, test, and evaluate new learning technologies 
     and related processes; and
       ``(C) accelerate transformational technological advances in 
     education;
       ``(2) convene an advisory panel under subsection (d); and
       ``(3) carry out the evaluation and dissemination 
     requirements under subsection (e).
       ``(b) Appointments.--
       ``(1) Director.--ARPA-ED shall be under the direction of 
     the Director of ARPA-ED, who shall be appointed by the 
     Secretary.
       ``(2) Qualified individuals.--The Secretary shall appoint, 
     for a term of not more than 4 years, qualified individuals 
     who represent scientific, engineering, professional, and 
     other personnel with expertise in carrying out the activities 
     described in this section to positions in ARPA-ED, at rates 
     of compensation determined by the Secretary, without regard 
     to the provisions of title 5, United States Code, except that 
     such rates of compensation shall not to exceed the rate for 
     level I of the Executive Schedule under section 5312 of such 
     title.
       ``(c) Functions of ARPA-ED.--Upon consultation with the 
     advisory panel convened under subsection (d), the Secretary 
     shall select public and private entities to carry out the 
     activities described in subsection (a)(1) by--
       ``(1) awarding such entities grants, contracts, cooperative 
     agreements, or cash prizes; or
       ``(2) entering into such other transactions with such 
     entities as the Secretary may prescribe in regulations.
       ``(d) Advisory Panel.--
       ``(1) In general.--The Secretary shall convene an advisory 
     panel to advise and consult with the Secretary, Director, and 
     the qualified individuals appointed under subsection (b)(2) 
     on--
       ``(A) ensuring that the awards made and transaction entered 
     into under subsection (c) are consistent with the purposes 
     described in subsection (a)(1); and
       ``(B) ensuring the relevance, accessibility, and utility of 
     such awards and transactions to education practitioners.
       ``(2) Appointment of members.--The Secretary shall appoint 
     the following qualified individuals to serve on the advisory 
     panel:
       ``(A) Education practitioners.
       ``(B) Experts in technology.
       ``(C) Specialists in rapid gains in student achievement and 
     school turnaround.
       ``(D) Specialists in personalized learning.
       ``(E) Researchers, including at least one representative 
     from a comprehensive center established under 203 of the 
     Educational Technical Assistance Act of 2002 (20 U.S.C. 9602) 
     or the regional laboratories system established under section 
     174 of the Education Sciences Reform Act (20 U.S.C. 9564).
       ``(F) Other individuals with expertise who will contribute 
     to the overall rigor and quality of ARPA-ED.
       ``(3) Applicability of faca.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the panel 
     convened under this subsection and any appointee to such 
     panel shall not be considered an `employee' under section 
     2105 of title 5, United States Code.
       ``(e) Evaluation and Dissemination.--
       ``(1) Evaluation.--The Secretary shall obtain independent, 
     periodic, and rigorous evaluation of--
       ``(A) the effectiveness of the processes ARPA-Ed is using 
     to achieve the purposes described in subsection (a)(1);
       ``(B) the relevance, accessibility, and utility of the 
     awards made and transactions entered into under subsection 
     (c) to education practitioners; and
       ``(C) the effectiveness of the projects carried out through 
     such awards and transactions, using evidence standards 
     developed in consultation with the Institute of Education 
     Sciences, and the suitability of such projects for further 
     investment or increased scale.
       ``(2) Dissemination and use.--The Secretary shall 
     disseminate information to education practitioners, including 
     teachers, principals, and local and State superintendents, on 
     effective practices and technologies developed under ARPA-ED, 
     as appropriate, through--
       ``(A) the comprehensive centers established under 203 of 
     the Educational Technical Assistance Act of 2002 (20 U.S.C. 
     9602);
       ``(B) the regional laboratories system established under 
     section 174 of the Education Sciences Reform Act (20 U.S.C. 
     9564); and
       ``(C) such other means as the Secretary determines to be 
     appropriate.
       ``(f) Administrative Requirements.--Notwithstanding section 
     437(d) of the General Education Provisions Act (20 U.S.C. 
     1232(d)), the Secretary shall establish such processes as may 
     be necessary for the Secretary to manage and administer ARPA-
     ED, which are not constrained by other Department of 
     Education-wide administrative requirements that may prevent 
     ARPA-ED from carrying out the purposes described in 
     subsection (a)(1).

     ``SEC. 5451. AUTHORIZATION.

       ``There are authorized to be appropriated to carry out this 
     subpart $500,000,000 for fiscal year 2014 and such sums as 
     may be necessary for each of the 4 succeeding fiscal 
     years.''.
       (b) Repeal.--Part B of title I (20 U.S.C. 6361 et seq.) is 
     repealed.

          Subtitle C--Family Engagement in Education Programs

     SEC. 521. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.

       Title V of the Act (20 U.S.C. 5101 et seq.) is a amended by 
     adding at the end the following new part:

           ``PART E--FAMILY ENGAGEMENT IN EDUCATION PROGRAMS

     ``SEC. 5701. PURPOSES.

       ``The purposes of this part are the following:
       ``(1) To provide financial support to organizations to 
     provide technical assistance and training to State and local 
     educational agencies in the implementation and enhancement of 
     systemic and effective family engagement policies, programs, 
     and activities that lead to improvements in student 
     development and academic achievement.
       ``(2) To assist State educational agencies, local 
     educational agencies, community-based organizations, schools, 
     and educators in strengthening partnerships among parents, 
     teachers, school leaders, administrators, and other school 
     personnel in meeting the educational needs of children and 
     fostering greater parental engagement.
       ``(3) To support State educational agencies, local 
     educational agencies, schools, educators, and parents in 
     developing and strengthening the relationship between parents 
     and their children's school in order to further the 
     developmental progress of children.
       ``(4) To coordinate activities funded under this part with 
     parent involvement initiatives funded under section 1118 and 
     other provisions of this Act.
       ``(5) To assist the Secretary, State educational agencies, 
     and local educational agencies in the coordination and 
     integration of Federal, State, and local services and 
     programs to engage families in education.

     ``SEC. 5702. GRANTS AUTHORIZED.

       ``(a) Statewide Family Engagement Centers.--From the amount 
     appropriated under section 4306, the Secretary is authorized 
     to award grants for each fiscal year to statewide 
     organizations (and consortia of such organizations and State 
     educational agencies), to establish Statewide Family 
     Engagement Centers that provide comprehensive training and 
     technical assistance to State educational agencies, local 
     educational agencies, schools identified by State educational 
     agencies and local educational agencies, organizations that 
     support family-school partnerships, and other organizations 
     that carry out parent education and family engagement in 
     education programs.
       ``(b) Minimum Award.--In awarding grants under this 
     section, the Secretary shall, to the extent practicable, 
     ensure that a grant is awarded for a Statewide Family 
     Engagement Center in an amount not less than $500,000.

[[Page 11926]]



     ``SEC. 5703. APPLICATIONS.

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

     ``SEC. 5704. USES OF FUNDS.

       ``(a) In General.--Grantees shall use grant funds received 
     under this part, based on the needs determined under section 
     4303(b)(5)(I), to provide training and technical assistance 
     to State educational agencies, local educational agencies, 
     and organizations that support family-school partnerships, 
     and activities, services, and training for local educational 
     agencies, school leaders, educators, and parents--
       ``(1) to assist parents in participating effectively in 
     their children's education and to help their children meet 
     college and career ready standards, such as assisting 
     parents--
       ``(A) to engage in activities that will improve student 
     academic achievement, including understanding how they can 
     support learning in the classroom with activities at home and 
     in afterschool and extracurricular programs;
       ``(B) to communicate effectively with their children, 
     teachers, school leaders, counselors, administrators, and 
     other school personnel;
       ``(C) to become active participants in the development, 
     implementation, and review of school-parent compacts, family 
     engagement in education policies, and school planning and 
     improvement;
       ``(D) to participate in the design and provision of 
     assistance to students who are not making academic progress;
       ``(E) to participate in State and local decisionmaking;
       ``(F) to train other parents; and
       ``(G) to help the parents learn and use technology applied 
     in their children's education;
       ``(2) to develop and implement, in partnership with the 
     State educational agency, statewide family engagement in 
     education policy and systemic initiatives that will provide 
     for a continuum of services to remove barriers for family 
     engagement in education and support school reform efforts; 
     and
       ``(3) to develop, implement, and assess parental 
     involvement policies under sections 1112 and 1118.
       ``(b) Matching Funds for Grant Renewal.--For each fiscal 
     year after the first fiscal year for which an organization or 
     consortium receives assistance under this section, the 
     organization or consortium shall demonstrate in the 
     application that a portion of the services provided by the 
     organization or consortium is supported through non-Federal 
     contributions, which may be in cash or in-kind.
       ``(c) Technical Assistance.--The Secretary shall reserve 
     not more than 2 percent of the funds appropriated under 
     section 4306 to carry out this part to provide technical 
     assistance, by grant or contract, for the establishment, 
     development, and coordination of Statewide Family Engagement 
     Centers.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to prohibit a Statewide Family Engagement Center 
     from--
       ``(1) having its employees or agents meet with a parent at 
     a site that is not on school grounds; or
       ``(2) working with another agency that serves children.
       ``(e) Parental Rights.--Notwithstanding any other provision 
     of this section--
       ``(1) no person (including a parent who educates a child at 
     home, a public school parent, or a private school parent) 
     shall be required to participate in any program of parent 
     education or developmental screening under this section; and
       ``(2) no program or center assisted under this section 
     shall take any action that infringes in any manner on the 
     right of a parent to direct the education of their children.

     ``SEC. 5705. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.

       ``The Secretary of the Interior, in consultation with the 
     Secretary of Education, shall establish, or enter into 
     contracts and cooperative agreements with local Indian or 
     Indian-serving nonprofit parent organizations to establish 
     and operate Family Engagement Centers.

     ``SEC. 5706. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $30,000,000 for fiscal year 2014 and such sums as may be 
     necessary for subsequent fiscal years.''.

                TITLE VI--FLEXIBILITY AND ACCOUNTABILITY

     SEC. 601. FLEXIBILITY AND ACCOUNTABILITY.

       Title VI (20 U.S.C. 7301 et seq.) is amended in sections 
     6113(a) and 6234 by striking ``fiscal year 2002'' and 
     inserting ``fiscal year 2014'' each place it appears.

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

     SEC. 701. IN GENERAL.

       Title VII (20 U.S.C. 7401 et seq.) is amended--
       (1) by striking ``Bureau of Indian Affairs'' each place it 
     appears and inserting ``Bureau of Indian Education'';
       (2) by striking ``No Child Left Behind Act of 2001'' each 
     place it appears and insert ``Student Success Act''; and
       (3) in sections 7152, 7205(c), and 7304(d)(1), by striking 
     ``fiscal year 2002'' each place it appears and inserting 
     ``fiscal year 2014''.

                      Subtitle A--Indian Education

     SEC. 711. PURPOSE.

       Section 7102 (20 U.S.C. 7402) is amended to read as 
     follows:

     ``SEC. 7102. PURPOSE.

       ``It is the purpose of this part to support the efforts of 
     local educational agencies, Indian tribes and organizations, 
     postsecondary institutions, and other entities--
       ``(1) to ensure the academic achievement of American Indian 
     and Alaska Native students by meeting their unique cultural, 
     language, and educational needs, consistent with section 
     1111(c);
       ``(2) to ensure that Indian and Alaska Native students gain 
     knowledge and understanding of Native communities, languages, 
     tribal histories, traditions, and cultures; and
       ``(3) to ensure that principals, teachers, and other staff 
     who serve Indian and Alaska Native students have the ability 
     to provide culturally appropriate and effective instruction 
     to such students.''.

[[Page 11927]]



          PART 1--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

     SEC. 721. FORMULA GRANT PURPOSE.

       Section 7111 (20 U.S.C. 7421) is amended to read as 
     follows:

     ``SEC. 7111. PURPOSE.

       ``(a) Purpose.--It is the purpose of this subpart to 
     support the efforts of local educational agencies, Indian 
     tribes and organizations, postsecondary institutions, and 
     other entities to improve the academic achievement of 
     American Indian and Alaska Native students by meeting their 
     unique cultural, language, and educational needs.
       ``(b) Programs.--This subpart carries out the purpose 
     described in subsection (a) by authorizing programs of direct 
     assistance for--
       ``(1) meeting the unique educational and culturally related 
     academic needs of Indians and Alaska Natives;
       ``(2) strengthening American Indian, Native Hawaiian, and 
     Alaska Native students' knowledge of their languages, 
     history, traditions, and cultures;
       ``(3) the education of Indian children and adults;
       ``(4) the training of Indian persons as educators and 
     counselors, and in other professions serving Indian people; 
     and
       ``(5) research, evaluation, data collection, and technical 
     assistance.''.

     SEC. 722. GRANTS TO LOCAL EDUCATIONAL AGENCIES, TRIBES, AND 
                   INDIAN ORGANIZATIONS.

       Section 7112 (20 U.S.C. 7422) is amended--
       (1) in subsection (a), by striking ``and Indian tribes'' 
     and inserting ``, Indian tribes, and Indian organizations'';
       (2) in subsection (b)(2), by striking ``a reservation'' and 
     inserting ``an Indian reservation''; and
       (3) by striking subsection (c) and inserting the following:
       ``(c) Indian Tribes and Indian Organizations.--
       ``(1) In general.--If a local educational agency that is 
     otherwise eligible for a grant under this subpart does not 
     establish a committee under section 7114(c)(5) for such 
     grant, an Indian tribe, an Indian organization, or a 
     consortium of such entities, that represents more than one-
     half of the eligible Indian children who are served by such 
     local educational agency may apply for such grant.
       ``(2) Unaffiliated indian tribes.--An Indian tribe that 
     operates a school and is not affiliated with either the local 
     educational agency or the Bureau of Indian Education shall be 
     eligible to apply for a grant under this subpart.
       ``(3) Special rule.--
       ``(A) In general.--The Secretary shall treat each Indian 
     tribe, Indian organization, or consortium of such entities 
     applying for a grant pursuant to paragraph (1) or (2) as if 
     such tribe, Indian organization, or consortium were a local 
     educational agency for purposes of this subpart.
       ``(B) Exceptions.--Notwithstanding subparagraph (A), such 
     Indian tribe, Indian organization, or consortium shall not be 
     subject to the requirements of subsections (b)(7) or (c)(5) 
     of section 7114 or section 7118(c) or 7119.
       ``(4) Assurance to serve all indian children.--An Indian 
     tribe, Indian organization, or consortium of such entities 
     that is eligible to apply for a grant under paragraph (1) 
     shall include, in the application required under section 
     7114, an assurance that the entity will use the grant funds 
     to provide services to all Indian students served by the 
     local educational agency.
       ``(d) Indian Community-based Organization.--
       ``(1) In general.--If no local educational agency pursuant 
     to subsection (b), and no Indian tribe, Indian organization, 
     or consortium pursuant to subsection (c), applies for a grant 
     under this subpart, an Indian community-based organization 
     serving the community of the local educational agency may 
     apply for such grant.
       ``(2) Applicability of special rule.--The Secretary shall 
     apply the special rule in subsection (c)(3) to a community-
     based organization applying or receiving a grant under 
     paragraph (1) in the same manner as such rule applies to an 
     Indian tribe, Indian organization, or consortium.
       ``(3) Definition of indian community-based organization.--
     In this subsection, the term `Indian community-based 
     organization' means any organization that--
       ``(A) is composed primarily of Indian parents and community 
     members, tribal government education officials, and tribal 
     members from a specific community;
       ``(B) assists in the social, cultural, and educational 
     development of Indians in such community;
       ``(C) meets the unique cultural, language, and academic 
     needs of Indian students; and
       ``(D) demonstrates organizational capacity to manage the 
     grant.
       ``(e) Consortia.--
       ``(1) In general.--A local educational agency, Indian 
     tribe, or Indian organization that meets the eligibility 
     requirements under this section may form a consortium with 
     other eligible local educational agencies, Indian tribes, or 
     Indian organizations for the purpose of obtaining grants and 
     operating programs under this subpart.
       ``(2) Requirements for local educational agencies in 
     consortia.--In any case where 2 or more local educational 
     agencies that are eligible under subsection (b) form or 
     participate in a consortium to obtain a grant, or operate a 
     program, under this subpart, each local educational agency 
     participating in such a consortium shall--
       ``(A) provide, in the application submitted under section 
     7114, an assurance that the eligible Indian children served 
     by such local educational agency will receive the services of 
     the programs funded under this subpart; and
       ``(B) agree to be subject to all requirements, assurances, 
     and obligations applicable to a local educational agency 
     receiving a grant under this subpart.''.

     SEC. 723. AMOUNT OF GRANTS.

       Section 7113(b) (20 U.S.C. 7423(b)) is amended--
       (1) in paragraph (1), by striking ``$3,000'' and inserting 
     ``$10,000'';
       (2) by striking paragraph (2) and redesignating paragraph 
     (3) as paragraph (2); and
       (3) in paragraph (2), as so redesignated, by striking 
     ``$4,000'' and inserting ``$15,000''.

     SEC. 724. APPLICATIONS.

       (a) In General.--Section 7114 (20 U.S.C. 7424) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``is consistent with'' and inserting 
     ``supports''; and
       (II) by inserting ``, tribal,'' after ``State''; and

       (ii) in subparagraph (B), by striking ``such goals'' and 
     all that follows through the semicolon at the end and 
     inserting ``such goals, to ensure such students meet the same 
     college and career ready State academic achievement standards 
     under section 1111(b) for all children;'';
       (B) in paragraph (5)--
       (i) in subparagraph (A), by striking ``and'' after the 
     semicolon; and
       (ii) by adding at the end the following:
       ``(C) the parents of Indian children, and representatives 
     of Indian tribes, on the committee described in subsection 
     (c)(5) will participate in the planning of the professional 
     development materials;'';
       (C) in paragraph (6)--
       (i) in subparagraph (B)--

       (I) by adding at the end the following:

       ``(iii) the Indian tribes whose children are served by the 
     local educational agency; and''; and
       (ii) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(7) describes--
       ``(A) the formal process the local educational agency used 
     to collaborate with Indian tribes located in the community in 
     the development of the comprehensive programs; and
       ``(B) the actions taken as a result of the 
     collaboration.'';
       (2) in subsection (c)--
       (A) in paragraph (2), by adding at the end the following:
       ``(A) determine the extent to which such activities address 
     the unique cultural, language, and educational needs of 
     Indian students;'';
       (B) in paragraph (3)(C), by inserting ``representatives of 
     Indian tribes with reservations located within 50 miles of 
     any of the schools that have Indian children in any such 
     school,'' after ``Indian children and teachers'';
       (C) in paragraph (4)(A)--
       (i) by redesignating clauses (ii) and (iii) as clauses 
     (iii) and (iv), respectively; and
       (ii) by inserting the following after clause (i):
       ``(ii) representatives of Indian tribes with reservations 
     located within 50 miles of any of the schools that have 
     children in any such school;''.
       (D) in subparagraph (4)(B), by adding ``or representatives 
     of Indian tribes described in subparagraph (A)(ii)'' after 
     ``children''; and
       (E) in subparagraph (4)(D)--
       (i) by striking ``; and'' at the end of clause (i); and
       (ii) by adding at the end the following:
       ``(iii) determined that the program will directly enhance 
     the educational experience of Indian and Alaska Native 
     students; and''; and
       (3) by adding at the end the following:
       ``(d) Outreach.--The Secretary shall monitor the 
     applications for grants under this subpart to identify 
     eligible local educational agencies and schools operated by 
     the Bureau of Indian Education that have not applied for such 
     grants, and shall undertake appropriate outreach activities 
     to encourage and assist eligible entities to submit 
     applications for such grants.''.

     SEC. 725. AUTHORIZED SERVICES AND ACTIVITIES.

       Section 7115 (20 U.S.C. 7425) is amended--
       (1) in subsection (b)--
       (A) by inserting before paragraph (2) the following:
       ``(1) activities that support Native American language 
     immersion programs and Native American language restoration 
     programs,'';
       (B) in paragraph (3), by striking ``challenging State 
     academic content and student academic achievement standards'' 
     and inserting ``college and career ready State academic 
     content and student academic

[[Page 11928]]

     achievement standards under section 1111(b)'';
       (C) by striking paragraph (4) and inserting the following:
       ``(4) integrated educational services in combination with 
     other programs to meet the unique needs of Indian children 
     and their families, including programs that promote parental 
     involvement--
       ``(A) in school activities; and
       ``(B) to increase student achievement;'';
       (D) in paragraph (11) by striking everything after 
     ``children''; and
       (2) in subsection (c) by adding at the end the following:
       ``(3) the local educational agency identifies in its 
     application how the use of such funds in a schoolwide program 
     will produce benefits to the Indian students that would not 
     be achieved if the funds were not used in a schoolwide 
     program.''.

     SEC. 726. STUDENT ELIGIBILITY FORMS.

       Section 7117(e) (20 U.S.C. 7427(e)) is amended to read as 
     follows:
       ``(e) Documentation and Types of Proof.--
       ``(1) Types of proof.--For purposes of determining whether 
     a child is eligible to be counted for the purpose of 
     computing the amount of a grant award under section 7113, the 
     membership of the child, or any parent or grandparent of the 
     child, in a tribe or band of Indians (as so defined) may be 
     established by proof other than an enrollment number, 
     notwithstanding the availability of an enrollment number for 
     a member of such tribe or band. Nothing in subsection (b) 
     shall be construed to require the furnishing of an enrollment 
     number.
       ``(2) No new or duplicate determinations.--Once a child is 
     determined to be an Indian eligible to be counted for such 
     grant award, the local educational agency shall maintain a 
     record of such determination and shall not require a new or 
     duplicate determination to be made for such child for a 
     subsequent application for a grant under this subpart.
       ``(3) Previously filed forms.--An Indian student 
     eligibility form that was on file as required by this section 
     on the day before the date of enactment of the Student 
     Success Act and that met the requirements of this section, as 
     this section was in effect on the day before the date of 
     enactment of such Act, shall remain valid for such Indian 
     student.''.

     SEC. 727. TECHNICAL ASSISTANCE.

       Subpart 1 of part A of title VII is amended by adding at 
     the end the following new section:

     ``SEC. 7120. TECHNICAL ASSISTANCE.

       ``The Secretary shall, directly or through contract, 
     provide technical assistance to a local educational agency 
     upon request, in addition to any technical assistance 
     available under section 1116 or available through the 
     Institute of Education Sciences, to support the services and 
     activities described under this section, including for the--
       ``(1) development of applications under this section;
       ``(2) improvement in the quality of implementation, content 
     of activities, and evaluation of activities supported under 
     this subpart;
       ``(3) integration of activities under this title with other 
     educational activities established by the local educational 
     agency; and
       ``(4) coordination of activities under this title with 
     programs administered by each Federal agency providing grants 
     for the provision of educational and related services.''.

     PART 2--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL 
                   OPPORTUNITIES FOR INDIAN CHILDREN

     SEC. 731. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION 
                   PROFESSIONALS.

       Section 7122 (20 U.S.C. 7442) is amended--
       (1) in subsection (a), by striking paragraphs (1) and (2) 
     and inserting the following:
       ``(1) to increase the number of qualified and effective 
     Indian teachers and administrators serving Indian students;
       ``(2) to provide training to qualified Indian individuals 
     to become teachers, administrators, social workers, and other 
     educators; and'';
       (2) by striking subsection (e) and inserting the following:
       ``(e) Application.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information, as the Secretary may reasonably require. At 
     a minimum, an application under this section shall describe 
     how the eligible entity will--
       ``(1) recruit qualified Indian individuals, such as 
     students who may not be of traditional college age, to become 
     teachers or principals;
       ``(2) use funds made available under the grant to support 
     the recruitment, preparation, and professional development of 
     Indian teachers or principals in local educational agencies 
     that serve a high proportion of Indian students; and
       ``(3) assist participants in meeting the requirements under 
     subsection (h).''; and
       (4) by striking subsection (g) and inserting the following:
       ``(g) Grant Period.--The Secretary shall award grants under 
     this section for an initial period of not more than 3 years, 
     and may renew such grants for not more than an additional 2 
     years if the Secretary finds that the grantee is achieving 
     the objectives of the grant.''.

                      PART 3--NATIONAL ACTIVITIES

     SEC. 741. NATIONAL ACTIVITIES.

       Section 7131(c)(2) (20 U.S.C. 7451(c)(2)) is amended by 
     striking ``Office of Indian Education Programs'' and 
     inserting ``Bureau of Indian Education''.

     SEC. 742. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS 
                   THROUGH NATIVE AMERICAN LANGUAGE.

       Subpart 3 of part A of title VII (20 U.S.C. 7451 et seq.) 
     is amended by striking sections 7132 through 7136 and 
     inserting the following:

     ``SEC. 7132. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS 
                   THROUGH NATIVE AMERICAN LANGUAGE.

       ``(a) Purpose.--It is the purpose of this section to 
     improve educational opportunities and academic achievement of 
     Indian and Alaska Native students through Native American 
     language programs and to foster the acquisition of Native 
     American language.
       ``(b) Definition of Eligible Entity.--In this section, the 
     term `eligible entity' means a State educational agency, 
     local educational agency, Indian tribe, Indian organization, 
     federally supported elementary school or secondary school for 
     Indian students, Indian institution (including an Indian 
     institution of higher education), or a consortium of such 
     entities.
       ``(c) Grants Authorized.--The Secretary shall award grants 
     to eligible entities to enable such entities to carry out the 
     following activities:
       ``(1) Native American language programs that--
       ``(A) provide instruction through the use of a Native 
     American language for not less than 10 children for an 
     average of not less than 500 hours per year per student;
       ``(B) provide for the involvement of parents, caregivers, 
     and families of students enrolled in the program;
       ``(C) utilize, and may include the development of, 
     instructional courses and materials for learning Native 
     American languages and for instruction through the use of 
     Native American languages;
       ``(D) provide support for professional development 
     activities; and
       ``(E) include a goal of all students achieving--
       ``(i) fluency in a Native American language; and
       ``(ii) academic proficiency in mathematics, English, 
     reading or language arts, and science.
       ``(2) Native American language restoration programs that--
       ``(A) provide instruction in not less than 1 Native 
     American language;
       ``(B) provide support for professional development 
     activities for teachers of Native American languages;
       ``(C) develop instructional materials for the programs; and
       ``(D) include the goal of increasing proficiency and 
     fluency in not less than 1 Native American language.
       ``(d) Application.--
       ``(1) In general.--An eligible entity that desires to 
     receive a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     require.
       ``(2) Certification.--An eligible entity that submits an 
     application for a grant to carry out the activity specified 
     in subsection (c)(1), shall include in such application a 
     certification that assures that such entity has experience 
     and a demonstrated record of effectiveness in operating and 
     administering a Native American language program or any other 
     educational program in which instruction is conducted in a 
     Native American language.
       ``(e) Grant Duration.--The Secretary shall award grants 
     under this section for an initial period of not more than 3 
     years, and may renew such grants for not more than an 
     additional 2 years if the Secretary finds that the grantee is 
     achieving the objectives of the grant.
       ``(f) Definition.--In this section, the term `average' 
     means the aggregate number of hours of instruction through 
     the use of a Native American language to all students 
     enrolled in a Native American language program during a 
     school year divided by the total number of students enrolled 
     in the program.
       ``(g) Administrative Costs.--
       ``(1) In general.--Except as provided in paragraph (2), not 
     more than 5 percent of the funds provided to a grantee under 
     this section for any fiscal year may be used for 
     administrative purposes.
       ``(2) Exception.--An elementary school or secondary school 
     for Indian students that receives funds from a recipient of a 
     grant under subsection (c) for any fiscal year may use not 
     more than 10 percent of the funds for administrative 
     purposes.

     ``SEC. 7133. IMPROVING STATE AND TRIBAL EDUCATION AGENCY 
                   COLLABORATION.

       ``The Secretary, in consultation with the Director of the 
     Bureau of Indian Education, shall conduct a study of the 
     relationship among State educational agencies, local 
     educational agencies, and other relevant State

[[Page 11929]]

     and local agencies, and tribes or tribal representatives to--
       ``(1) identify examples of best practices in collaboration 
     among those entities that result in the provision of better 
     services to Indian students; and
       ``(2) provide recommendations on--
       ``(A) State educational agency functions that tribal 
     educational agencies could perform;
       ``(B) areas and agency functions in which greater State 
     educational agency and tribal education agency collaboration 
     is needed; and
       ``(C) other steps to reducing barriers to serving Indian 
     students, especially such students who are at risk of 
     academic failure.''.

     Subtitle B--Native Hawaiian Education; Alaska Native Education

     SEC. 751. NATIVE HAWAIIAN EDUCATION AND ALASKA NATIVE 
                   EDUCATION.

       Title VII (20 U.S.C. 7401 et seq.) is amended--
       (1) in the heading of part B, by inserting ``ALASKA NATIVE 
     EDUCATION'' after ``NATIVE HAWAIIAN EDUCATION''; and
       (2) by inserting before section 7201 the following:

               ``Subpart 1--Native Hawaiian Education''.

     SEC. 752. FINDINGS.

       Section 7202 (20 U.S.C. 7512) is amended to read as 
     follows:

     ``SEC. 7202. FINDINGS.

       ``Congress finds the following:
       ``(1) Native Hawaiians are a distinct and unique indigenous 
     people with a historical continuity to the original 
     inhabitants of the Hawaiian archipelago, whose society was 
     organized as a nation and internationally recognized as a 
     nation by the United States, and many other countries.
       ``(2) Native Hawaiians have a cultural, historic, and land-
     based link to the indigenous people who exercised sovereignty 
     over the Hawaiian Islands.
       ``(3) The political status of Native Hawaiians is 
     comparable to that of American Indians and Alaska Natives.
       ``(4) The political relationship between the United States 
     and the Native Hawaiian people has been recognized and 
     reaffirmed by the United States, as evidenced by the 
     inclusion of Native Hawaiians in many Federal statutes, 
     including--
       ``(A) the Native American Programs Act of 1974 (42 U.S.C. 
     2991 et seq.);
       ``(B) Public Law 95-341 (commonly known as the `American 
     Indian Religious Freedom Act' (42 U.S.C. 1996));
       ``(C) the National Museum of the American Indian Act (20 
     U.S.C. 80q et seq.);
       ``(D) the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001 et seq.);
       ``(E) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.);
       ``(F) the Native American Languages Act (25 U.S.C. 2901 et 
     seq.);
       ``(G) the American Indian, Alaska Native, and Native 
     Hawaiian Culture and Art Development Act (20 U.S.C. 4401 et 
     seq.);
       ``(H) the Workforce Investment Act of 1998 (29 U.S.C. 2801 
     et seq.); and
       ``(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et 
     seq.).
       ``(5) Many Native Hawaiian students lag behind other 
     students in terms of--
       ``(A) school readiness factors;
       ``(B) scoring below national norms on education achievement 
     tests at all grade levels;
       ``(C) underrepresentation in the uppermost achievement 
     levels and in gifted and talented programs;
       ``(D) overrepresentation among students qualifying for 
     special education programs;
       ``(E) underrepresentation in institutions of higher 
     education and among adults who have completed 4 or more years 
     of college.
       ``(6) The percentage of Native Hawaiian students served by 
     the State of Hawaii Department of Education rose 30 percent 
     from 1980 to 2008, and there are and will continue to be 
     geographically rural, isolated areas with a high Native 
     Hawaiian population density.
       ``(7) The Native Hawaiian people are determined to 
     preserve, develop, and transmit to future generations their 
     ancestral territory and their cultural identity in accordance 
     with their own spiritual and traditional beliefs, customs, 
     practices, language, and social institutions.''.

     SEC. 753. PURPOSES.

       Section 7203 (20 U.S.C. 7513) is amended to read as 
     follows:

     ``SEC. 7203. PURPOSES.

       ``The purposes of this part are--
       ``(1) to develop, implement, assess, and evaluate 
     innovative educational programs to improve the academic 
     achievement of Native Hawaiian students by meeting their 
     unique cultural and language needs in order to help such 
     students meet State academic content and achievement 
     standards as described in section 1111(b);
       ``(2) to provide guidance to appropriate Federal, State, 
     and local agencies to more effectively and efficiently focus 
     resources, including resources made available under this 
     part, on the development and implementation of--
       ``(A) innovative educational programs for Native Hawaiians;
       ``(B) rigorous and substantive Native Hawaiian language 
     programs; and
       ``(C) Native Hawaiian culture-based educational programs; 
     and
       ``(3) to create a system by which information from programs 
     funded under this part will be collected, analyzed, 
     evaluated, reported, and used in decisionmaking activities 
     regarding the types of grants awarded under this part.''.

     SEC. 754. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.

       Section 7204 (20 U.S.C. 7514) is amended to read as 
     follows:

     ``SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.

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

[[Page 11930]]

       ``(B) the effectiveness of such grantees in carrying out 
     any of the activities described in section 7205(c) that are 
     related to the specific goals and purposes of each grantee's 
     grant project, using metrics related to these priorities;
       ``(5) assess and define the educational needs of Native 
     Hawaiians; and
       ``(6) may use funds to hire an executive director to enable 
     the Council to carry out the activities described in this 
     subsection.
       ``(e) Use of Funds for Community Consultations.--The 
     Education Council shall use funds made available though the 
     grant under subsection (a) to hold not less than 1 community 
     consultation each year on each of the islands of Hawaii, 
     Maui, Molokai, Lanai, Oahu, and Kauai, at which--
       ``(1) not less than 3 members of the Education Council 
     shall be in attendance;
       ``(2) the Education Council shall gather community input 
     regarding--
       ``(A) current grantees under this part, as of the date of 
     the consultation;
       ``(B) priorities and needs of Native Hawaiians; and
       ``(C) other Native Hawaiian education issues; and
       ``(3) the Education Council shall report to the community 
     on the outcomes of the activities supported by grants awarded 
     under this part.
       ``(f) Reports.--
       ``(1) Annual education council report.--The Education 
     Council shall use funds made available through the grant 
     under this section to prepare and submit to the Secretary, 
     before the end of each calendar year, annual reports that 
     contain--
       ``(A) a description of the activities of the Education 
     Council during the preceding calendar year;
       ``(B) recommendations of the Education Council, if any, 
     regarding priorities to be established under section 7205(b);
       ``(C) significant barriers to achieving the goals under 
     this subpart;
       ``(D) a summary of each community consultation session, as 
     described in subsection (d); and
       ``(E) recommendations to establish funding priorities based 
     on an assessment of--
       ``(i) the educational needs of Native Hawaiians;
       ``(ii) programs and services currently available to address 
     such needs, including the effectiveness of such programs in 
     improving educational performance of Native Hawaiians; and
       ``(iii) priorities for funding in specific geographic 
     communities.
       ``(2) Report by the secretary.--Not later than 2 years 
     after the date of enactment of the Student Success Act, the 
     Secretary shall prepare and submit to the Committee on Indian 
     Affairs of the Senate and the authorizing committees a report 
     that--
       ``(A) summarizes the annual reports of the Education 
     Council;
       ``(B) describes the allocation and use of funds under this 
     subpart and the information gathered since the first annual 
     report submitted by the Education Council to the Secretary 
     under this section; and
       ``(C) contains recommendations for changes in Federal, 
     State, and local policy to advance the purposes of this 
     subpart.
       ``(g) Funding.--For each fiscal year, the Secretary shall 
     use the amount described in section 7206(d)(2), to make a 
     payment under the grant. Funds made available through the 
     grant shall remain available until expended.''.

     SEC. 755. GRANT PROGRAM AUTHORIZED.

       Section 7205 (20 U.S.C. 7515 et seq.) is amended to read as 
     follows:

     ``SEC. 7205. GRANT PROGRAM AUTHORIZED.

       ``(a) Grants and Contracts.--In order to carry out programs 
     that meet the purposes of this part, the Secretary is 
     authorized to award grants to, or enter into contracts with--
       ``(1) Native Hawaiian educational organizations;
       ``(2) Native Hawaiian community-based organizations;
       ``(3) public and private nonprofit organizations, agencies, 
     and institutions with experience in developing or operating 
     Native Hawaiian education and workforce development programs 
     or programs of instruction in the Native Hawaiian language;
       ``(4) charter schools; or
       ``(5) consortia of the organizations, agencies, and 
     institutions described in paragraphs (1) through (4).
       ``(b) Priority.--In awarding grants and entering into 
     contracts under this part, the Secretary shall give priority 
     to--
       ``(1) programs that meet the educational priority 
     recommendations of the Education Council, as described under 
     section 7204(d)(6)(E);
       ``(2) programs designed to improve the academic achievement 
     of Native Hawaiian students by meeting their unique cultural 
     and language needs in order to help such students meet State 
     academic content and achievement standards as described in 
     Section 1111(b) including the use of Native Hawaiian language 
     and preservation or reclamation of Native Hawaiian culture-
     based educational practices; and
       ``(3) programs in which a local educational agency, 
     institution of higher education, or a State educational 
     agency apply for a grant or contract as part of a partnership 
     or consortium with a nonprofit entity serving underserved 
     communities within the Native Hawaiian population.
       ``(c) Authorized Activities.--Activities provided through 
     programs carried out under this part may include--
       ``(1) the development and maintenance of a statewide Native 
     Hawaiian early education system to provide a continuum of 
     high-quality early learning services for Native Hawaiian 
     children;
       ``(2) the operation of family-based education centers that 
     provide such services as--
       ``(A) programs for Native Hawaiian parents and students;
       ``(B) early education programs for Native Hawaiians; and
       ``(C) research on, and development and assessment of, 
     family-based, early childhood, and preschool programs for 
     Native Hawaiians;
       ``(3) activities that enhance beginning reading and 
     literacy in either the Hawaiian or the English language among 
     Native Hawaiian students;
       ``(4) activities to meet the special needs of Native 
     Hawaiian students with disabilities, including--
       ``(A) the identification of such students and their needs;
       ``(B) the provision of support services to the families of 
     such students; and
       ``(C) other activities consistent with the requirements of 
     the Individuals with Disabilities Education Act;
       ``(5) activities that address the special needs of Native 
     Hawaiian students who are gifted and talented, including--
       ``(A) educational, psychological, and developmental 
     activities designed to assist in the educational progress of 
     such students; and
       ``(B) activities that involve the parents of such students 
     in a manner designed to assist in the educational progress of 
     such students;
       ``(6) the development of academic and vocational curricula 
     to address the needs of Native Hawaiian students, including 
     curricular materials in the Hawaiian language and mathematics 
     and science curricula that incorporate Native Hawaiian 
     tradition and culture;
       ``(7) professional development activities for educators, 
     including--
       ``(A) the development of programs to prepare prospective 
     teachers to address the unique needs of Native Hawaiian 
     students within the context of Native Hawaiian culture, 
     language, and traditions;
       ``(B) in-service programs to improve the ability of 
     teachers who teach in schools with high concentrations of 
     Native Hawaiian students to meet the unique needs of such 
     students; and
       ``(C) the recruitment and preparation of Native Hawaiians, 
     and other individuals who live in communities with a high 
     concentration of Native Hawaiians, to become teachers;
       ``(8) the operation of community-based learning centers 
     that address the needs of Native Hawaiian students, parents, 
     families, and communities through the coordination of public 
     and private programs and services, including--
       ``(A) early education programs;
       ``(B) before, after, and Summer school programs, expanded 
     learning time, or weekend academies;
       ``(C) career and technical education programs; and
       ``(D) programs that recognize and support the unique 
     cultural and educational needs of Native Hawaiian children, 
     and incorporate appropriately qualified Native Hawaiian 
     elders and seniors;
       ``(9) activities, including program co-location, that 
     ensure Native Hawaiian students graduate college and career 
     ready including--
       ``(A) family literacy services;
       ``(B) counseling, guidance, and support services for 
     students; and
       ``(C) professional development activities designed to help 
     educators improve the college and career readiness of Native 
     Hawaiian students;
       ``(10) research and data collection activities to determine 
     the educational status and needs of Native Hawaiian children 
     and adults;
       ``(11) other research and evaluation activities related to 
     programs carried out under this part; and
       ``(12) other activities, consistent with the purposes of 
     this part, to meet the educational needs of Native Hawaiian 
     children and adults.
       ``(d) Additional Activities.--Notwithstanding any other 
     provision of this part, funds made available to carry out 
     this section as of the day before the date of enactment of 
     the Student Success Act shall remain available until 
     expended. The Secretary may use such funds to support the 
     following:
       ``(1) The repair and renovation of public schools that 
     serve high concentrations of Native Hawaiian students.
       ``(2) The perpetuation of, and expansion of access to, 
     Hawaiian culture and history, such as through digital 
     archives.
       ``(3) Informal education programs that promote traditional 
     Hawaiian knowledge,

[[Page 11931]]

     science, astronomy, and the environment through State museums 
     or learning centers.
       ``(4) Public charter schools serving high concentrations of 
     Native Hawaiian students.
       ``(e) Administrative Costs.--
       ``(1) In general.--Except as provided in paragraph (2), not 
     more than 5 percent of funds provided to a recipient of a 
     grant or contract under this section for any fiscal year may 
     be used for administrative purposes.
       ``(2) Exception.--The Secretary may waive the requirement 
     of paragraph (1) for a nonprofit entity that receives funding 
     under this section and allow not more than 10 percent of 
     funds provided to such nonprofit entity under this section 
     for any fiscal year to be used for administrative 
     purposes.''.

     SEC. 756. ADMINISTRATIVE PROVISIONS; AUTHORIZATION OF 
                   APPROPRIATIONS.

       Section 7206 (20 U.S.C. 7516) is amended to read as 
     follows:

     ``SEC. 7206. ADMINISTRATIVE PROVISIONS.

       ``(a) Application Required.--No grant may be made under 
     this part, and no contract may be entered into under this 
     part, unless the entity seeking the grant or contract submits 
     an application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     determine to be necessary to carry out the provisions of this 
     part.
       ``(b) Direct Grant Applications.--The Secretary shall 
     provide a copy of all direct grant applications to the 
     Education Council.
       ``(c) Supplement Not Supplant.--
       ``(1) In general.--Except as provided in paragraph (2), 
     funds made available under this part shall be used to 
     supplement, and not supplant, any State or local funds used 
     to achieve the purposes of this part.
       ``(2) Exception.--Paragraph (1) shall not apply to any 
     nonprofit entity or Native Hawaiian community-based 
     organization that receives a grant or other funds under this 
     part.
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section, and sections 7204 and 7205, such 
     sums as may be necessary for fiscal year 2014 and each of the 
     5 succeeding fiscal years.
       ``(2) Reservation.--Of the funds appropriated under this 
     subsection, the Secretary shall reserve, for each fiscal year 
     after the date of enactment of the Student Success Act not 
     less than $500,000 for the grant to the Education Council 
     under section 7204.
       ``(3) Availability.--Funds appropriated under this 
     subsection shall remain available until expended.''.

     SEC. 757. DEFINITIONS.

       Section 7207 (20 U.S.C. 7517) is amended--
       (1) by redesignating paragraphs (1) through (6) as 
     paragraphs (2) through (7), respectively; and
       (2) by inserting before paragraph (2) (as redesignated by 
     paragraph (1)) the following:
       ``(1) Community consultation.--The term `community 
     consultation' means a public gathering--
       ``(A) to discuss Native Hawaiian education concerns; and
       ``(B) about which the public has been given not less than 
     30 days notice.''.

                         TITLE VIII--IMPACT AID

     SEC. 801. PURPOSE.

       Section 8001 (20 U.S.C. 7701) is amended by striking 
     ``challenging State standards'' and inserting ``State 
     academic standards''.

     SEC. 802. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL 
                   PROPERTY.

       Section 8002 (20 U.S.C. 7702) is amended--
       (1) in subsection (b)(1)(B), by striking ``section 
     8014(a)'' and inserting ``section 3(d)(1)''; and
       (2) by amending subsection (f) to read as follows:
       ``(f) Special Rule.--Beginning with fiscal year 2014, a 
     local educational agency shall be deemed to meet the 
     requirements of subsection (a)(1)(C) if records to determine 
     eligibility under such subsection were destroyed prior to 
     fiscal year 2000 and the agency received funds under 
     subsection (b) in the previous year.'';
       (3) by amending subsection (g) to read as follows:
       ``(g) Former Districts.--
       ``(1) Consolidations.--For fiscal year 2006 and each 
     succeeding fiscal year, if a local educational agency 
     described in paragraph (2) is formed at any time after 1938 
     by the consolidation of two or more former school districts, 
     the local educational agency may elect to have the Secretary 
     determine its eligibility and any amount for which the local 
     educational agency is eligible under this section for such 
     fiscal year on the basis of one or more of those former 
     districts, as designated by the local educational agency.
       ``(2) Eligible local educational agencies.--A local 
     educational agency described in this paragraph is--
       ``(A) any local educational agency that, for fiscal year 
     1994 or any preceding fiscal year, applied for, and was 
     determined to be eligible under section 2(c) of the Act of 
     September 30, 1950 (Public Law 874, 81st Congress) as that 
     section was in effect for that fiscal year; or
       ``(B) a local educational agency formed by the 
     consolidation of 2 or more school districts, at least one of 
     which was eligible for assistance under this section for the 
     fiscal year preceding the year of the consolidation, if--
       ``(i) for fiscal years 2006 through 2013, the local 
     educational agency notifies the Secretary not later than 30 
     days after the date of enactment of the Student Success Act 
     of the designation described in paragraph (1); and
       ``(ii) for fiscal year 2014, and each subsequent fiscal 
     year, the local educational agency includes the designation 
     in its application under section 8005 or any timely amendment 
     to such application.
       ``(3) Availability of funds.--Notwithstanding any other 
     provision of law limiting the period during which the 
     Secretary may obligate funds appropriated for any fiscal year 
     after fiscal year 2005, the Secretary may obligate funds 
     remaining after final payments have been made for any of such 
     fiscal years to carry out this subsection.'';
       (4) in subsection (h)--
       (A) in paragraph (2)--
       (i) in subparagraph (C)(ii), by striking ``section 
     8014(a)'' and inserting ``section 3(d)(1)''; and
       (ii) in subparagraph (D), by striking ``section 8014(a)'' 
     and inserting ``section 3(d)(1)''; and
       (B) in paragraph (4), by striking ``Impact Aid Improvement 
     Act of 2012'' and inserting ``Student Success Act'';
       (5) by repealing subsection (k);
       (6) by redesignating subsection (l) as subsection (k);
       (7) by amending subsection (k) (as so redesignated) by 
     striking ``(h)(4)(B)'' and inserting ``(h)(2)'';
       (8) by repealing subsection (m); and
       (9) by redesignating subsection (n) as subsection (j).

     SEC. 803. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

       (a) Computation of Payment.--Section 8003(a) (20 U.S.C. 
     7703(a)) is amended--
       (1) in the matter preceding subparagraph (A) of paragraph 
     (1), by inserting after ``schools of such agency'' the 
     following: ``(including those children enrolled in such 
     agency as a result of the open enrollment policy of the State 
     in which the agency is located, but not including children 
     who are enrolled in a distance education program at such 
     agency and who are not residing within the geographic 
     boundaries of such agency)''; and
       (2) in paragraph (5)(A), by striking ``1984'' and all that 
     follows through ``situated'' and inserting ``1984, or under 
     lease of off-base property under subchapter IV of chapter 169 
     of title 10, United States Code, to be children described 
     under paragraph (1)(B) if the property described is within 
     the fenced security perimeter of the military facility or 
     attached to and under any type of force protection agreement 
     with the military installation upon which such housing is 
     situated.''
       (b) Basic Support Payments for Heavily Impacted Local 
     Educational Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is 
     amended--
       (1) by striking ``section 8014(b)'' each place it appears 
     and inserting ``section 3(d)(2)'';
       (2) in paragraph (1), by repealing subparagraph (E);
       (3) in paragraph (2)--
       (A) in subparagraph (A), by inserting at the end the 
     following:
       ``(iii) The Secretary shall--

       ``(I) deem each local educational agency that received a 
     basic support payment under this paragraph for fiscal year 
     2009 as eligible to receive a basic support payment under 
     this paragraph for each of fiscal years 2012, 2013, and 2014; 
     and
       ``(II) make a payment to each such local educational agency 
     under this paragraph for each of fiscal years 2012, 2013, and 
     2014.''; and

       (B) in subparagraph (B)--
       (i) by striking ``continuing'' in the heading;
       (ii) by amending clause (i) to read as follows:
       ``(i) In general.--A heavily impacted local educational 
     agency is eligible to receive a basic support payment under 
     subparagraph (A) with respect to a number of children 
     determined under subsection (a)(1) if the agency--

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

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

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

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

[[Page 11932]]

       ``(AA) has a tax rate for general fund purposes that is not 
     less than 95 percent of the average tax rate for general fund 
     purposes of comparable local educational agencies in the 
     State; or
       ``(BB) was eligible to receive a payment under this 
     subsection for fiscal year 2013 and is located in a State 
     that by State law has eliminated ad valorem tax as a revenue 
     for local educational agencies;

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

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

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

       ``(aa) not less than 50 percent are children described in 
     subsection (a)(1); and
       ``(bb) not less than 5,500 of such children are children 
     described in subparagraphs (A) and (B) of subsection (a)(1); 
     or

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

       ``(aa) has an enrollment of children described in 
     subsection (a)(1) including, for purposes of determining 
     eligibility, those children described in subparagraphs (F) 
     and (G) of such subsection, that is not less than 35 percent 
     of the total student enrollment of the agency; and
       ``(bb) was eligible to receive assistance under 
     subparagraph (A) for fiscal year 2001.''; and
       (iii) in clause (ii)--

       (I) by striking ``A heavily'' and inserting the following:
       ``(I) In general.--Subject to subclause (II), a heavily''; 
     and
       (II) by adding at the end the following:
       ``(II) Loss of eligibility due to falling below 95 percent 
     of the average tax rate for general fund purposes.--In a case 
     of a heavily impacted local educational agency that fails to 
     meet the requirements of clause (i) for a fiscal year by 
     reason of having a tax rate for general fund purposes that 
     falls below 95 percent of the average tax rate for general 
     fund purposes of comparable local educational agencies in the 
     State, subclause (I) shall be applied as if `and the 
     subsequent fiscal year' were inserted before the period at 
     the end.'';

       (C) by striking subparagraph (C);
       (D) by redesignating subparagraphs (D) through (H) as 
     subparagraphs (C) through (G), respectively;
       (E) in subparagraph (C) (as so redesignated)--
       (i) in the heading, by striking ``regular'';
       (ii) by striking ``Except as provided in subparagraph (E)'' 
     and inserting ``Except as provided in subparagraph (D)'';
       (iii) by amending subclause (I) of clause (ii) to read as 
     follows:
       ``(ii)(I)(aa) For a local educational agency with respect 
     to which 35 percent or more of the total student enrollment 
     of the schools of the agency are children described in 
     subparagraph (D) or (E) (or a combination thereof) of 
     subsection (a)(1), and that has an enrollment of children 
     described in subparagraphs (A), (B), or (C) of such 
     subsection equal to at least 10 percent of the agency's total 
     enrollment, the Secretary shall calculate the weighted 
     student units of those children described in subparagraph (D) 
     or (E) of such subsection by multiplying the number of such 
     children by a factor of 0.55.
       ``(bb) Notwithstanding subitem (aa), a local educational 
     agency that received a payment under this paragraph for 
     fiscal year 2012 shall not be required to have an enrollment 
     of children described in subparagraphs (A), (B), or (C) of 
     subsection (a)(1) equal to at least 10 percent of the 
     agency's total enrollment.''; and
       (iv) by amending subclause (III) of clause (ii) by striking 
     ``(B)(i)(II)(aa)'' and inserting ``subparagraph (B)(i)(I)'';
       (F) in subparagraph (D)(i)(II) (as so redesignated), by 
     striking ``6,000'' and inserting ``5,500'';
       (G) in subparagraph (E) (as so redesignated)--
       (i) by striking ``Secretary'' and all that follows through 
     ``shall use'' and inserting ``Secretary shall use'';
       (ii) by striking ``; and'' and inserting a period; and
       (iii) by striking clause (ii);
       (H) in subparagraph (F) (as so redesignated), by striking 
     ``subparagraph (C)(i)(II)(bb)'' and inserting ``subparagraph 
     (B)(i)(II)(bb)(BB)''; and
       (I) in subparagraph (G) (as so redesignated)--
       (i) in clause (i)--

       (I) by striking ``subparagraph (B), (C), (D), or (E)'' and 
     inserting ``subparagraph (B), (C), or (D)'';
       (II) by striking ``by reason of'' and inserting ``due to'';
       (III) by inserting after ``clause (iii)'' the following ``, 
     or as the direct result of base realignment and closure or 
     modularization as determined by the Secretary of Defense and 
     force structure change or force relocation''; and
       (IV) by inserting before the period, the following: ``or 
     during such time as activities associated with base closure 
     and realignment, modularization, force structure change, or 
     force relocation are ongoing''; and

       (ii) in clause (ii), by striking ``(D) or (E)'' each place 
     it appears and inserting ``(C) or (D)'';
       (4) in paragraph (3)--
       (A) in subparagraph (B)--
       (i) by amending clause (iii) to read as follows:
       ``(iii) In the case of a local educational agency providing 
     a free public education to students enrolled in kindergarten 
     through grade 12, but which enrolls students described in 
     subparagraphs (A), (B), and (D) of subsection (a)(1) only in 
     grades 9 through 12, and which received a final payment in 
     fiscal year 2009 calculated under this paragraph (as this 
     paragraph was in effect on the day before the date of 
     enactment of the Student Success Act) for students in grades 
     9 through 12, the Secretary shall, in calculating the 
     agency's payment, consider only that portion of such agency's 
     total enrollment of students in grades 9 through 12 when 
     calculating the percentage under clause (i)(I) and only that 
     portion of the total current expenditures attributed to the 
     operation of grades 9 through 12 in such agency when 
     calculating the percentage under clause (i)(II).''; and
       (ii) by adding at the end the following:
       ``(v) In the case of a local educational agency that is 
     providing a program of distance education to children not 
     residing within the geographic boundaries of the agency, the 
     Secretary shall--
       ``(I) for purposes of the calculation under clause (i)(I), 
     disregard such children from the total number of children in 
     average daily attendance at the schools served by such 
     agency; and
       ``(II) for purposes of the calculation under clause 
     (i)(II), disregard any funds received for such children from 
     the total current expenditures for such agency.'';
       (B) in subparagraph (C), by striking ``subparagraph (D) or 
     (E) of paragraph (2), as the case may be'' and inserting 
     ``paragraph (2)(D)''; and
       (C) by amending subparagraph (D) to read as follows:
       ``(D) Ratable distribution.--For any fiscal year described 
     in subparagraph (A) for which the sums available exceed the 
     amount required to pay each local educational agency 100 
     percent of its threshold payment, the Secretary shall 
     distribute the excess sums to each eligible local educational 
     agency that has not received its full amount computed under 
     paragraph (1) or (2) (as the case may be) by multiplying--
       ``(i) a percentage, the denominator of which is the 
     difference between the full amount computed under paragraph 
     (1) or (2) (as the case may be) for all local educational 
     agencies and the amount of the threshold payment (as 
     calculated under subparagraphs (B) and (C)) of all local 
     educational agencies, and the numerator of which is the 
     aggregate of the excess sums, by;
       ``(ii) the difference between the full amount computed 
     under paragraph (1) or (2) (as the case may be) for the 
     agency and the amount of the threshold payment as calculated 
     under subparagraphs (B) and (C) of the agency.''; and
       (D) by inserting at the end the following new 
     subparagraphs:
       ``(E) Insufficient payments.--For each fiscal year 
     described in subparagraph (A) for which the sums appropriated 
     under section 3(d)(2) are insufficient to pay each local 
     educational agency all of the local educational agency's 
     threshold payment described in subparagraph (D), the 
     Secretary shall ratably reduce the payment to each local 
     educational agency under this paragraph.
       ``(F) Increases.--If the sums appropriated under section 
     3(d)(2) are sufficient to increase the threshold payment 
     above the 100 percent threshold payment described in 
     subparagraph (D), then the Secretary shall increase payments 
     on the same basis as such payments were reduced, except no 
     local educational agency may receive a payment amount greater 
     than 100 percent of the maximum payment calculated under this 
     subsection.''; and
       (5) in paragraph (4)--
       (A) in subparagraph (A), by striking ``through (D)'' and 
     inserting ``and (C)''; and
       (B) in subparagraph (B), by striking ``subparagraph (D) or 
     (E)'' and inserting ``subparagraph (C) or (D)''.
       (c) Prior Year Data.--Paragraph (2) of section 8003(c) (20 
     U.S.C. 7703(c)) is amended to read as follows:
       ``(2) Exception.--Calculation of payments for a local 
     educational agency shall be based on data from the fiscal 
     year for which the agency is making an application for 
     payment if such agency--
       ``(A) is newly established by a State, for the first year 
     of operation of such agency only;

[[Page 11933]]

       ``(B) was eligible to receive a payment under this section 
     for the previous fiscal year and has had an overall increase 
     in enrollment (as determined by the Secretary in consultation 
     with the Secretary of Defense, the Secretary of the Interior, 
     or the heads of other Federal agencies)--
       ``(i) of not less than 10 percent, or 100 students, of 
     children described in--

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

       ``(ii) that is the direct result of closure or realignment 
     of military installations under the base closure process or 
     the relocation of members of the Armed Forces and civilian 
     employees of the Department of Defense as part of the force 
     structure changes or movements of units or personnel between 
     military installations or because of actions initiated by the 
     Secretary of the Interior or the head of another Federal 
     agency; or
       ``(C) was eligible to receive a payment under this section 
     for the previous fiscal year and has had an increase in 
     enrollment (as determined by the Secretary)--
       ``(i) of not less than 10 percent of children described in 
     subsection (a)(1) or not less than 100 of such children; and
       ``(ii) that is the direct result of the closure of a local 
     educational agency that received a payment under subsection 
     (b)(1) or (b)(2) in the previous fiscal year.''.
       (d) Children With Disabilities.--Section 8003(d)(1) (20 
     U.S.C. 7703(d)) is amended by striking ``section 8014(c)'' 
     and inserting ``section 3(d)(3)''.
       (e) Hold-Harmless.--Section 8003(e) (20 U.S.C. 7703(e)) is 
     amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) In general.--Subject to paragraph (2), the total 
     amount the Secretary shall pay a local educational agency 
     under subsection (b)--
       ``(A) for fiscal year 2014, shall not be less than 90 
     percent of the total amount that the local educational agency 
     received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) 
     for fiscal year 2013;
       ``(B) for fiscal year 2015, shall not be less than 85 
     percent of the total amount that the local educational agency 
     received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) 
     for fiscal year 2013; and
       ``(C) for fiscal year 2016, shall not be less than 80 
     percent of the total amount that the local educational agency 
     received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) 
     for fiscal year 2013.''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) Maximum amount.--The total amount provided to a local 
     educational agency under subparagraph (A), (B), or C of 
     paragraph (1) for a fiscal year shall not exceed the maximum 
     basic support payment amount for such agency determined under 
     paragraph (1) or (2) of subsection (b), as the case may be, 
     for such fiscal year.''.
       (f) Maintenance of Effort.--Section 8003 (20 U.S.C. 7703) 
     is amended by striking subsection (g).

     SEC. 804. POLICIES AND PROCEDURES RELATING TO CHILDREN 
                   RESIDING ON INDIAN LANDS.

       Section 8004(e)(9) is amended by striking ``Bureau of 
     Indian Affairs'' and inserting ``Bureau of Indian 
     Education''.

     SEC. 805. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 
                   8003.

       Section 8005(b) (20 U.S.C. 7705(b)) is amended in the 
     matter preceding paragraph (1) by striking ``and shall 
     contain such information,''.

     SEC. 806. CONSTRUCTION.

       Section 8007 (20 U.S.C. 7707) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``section 8014(e)'' and 
     inserting ``section 3(d)(4)'';
       (B) in paragraph (2), by adding at the end the following:
       ``(C) The agency is eligible under section 4003(b)(2) or is 
     receiving basic support payments under circumstances 
     described in section 4003(b)(2)(B)(ii).''; and
       (C) in paragraph (3), by striking ``section 8014(e)'' each 
     place it appears and inserting ``section 3(d)(4)''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``section 8014(e)'' and 
     inserting ``section 3(d)(4)'';
       (B) in paragraph (3)--
       (i) in subparagraph (C)(i)(I), by adding at the end the 
     following:

       ``(cc) At least 10 percent of the property in the agency is 
     exempt from State and local taxation under Federal law.''; 
     and

       (ii) by adding at the end the following:
       ``(F) Limitations on eligibility requirements.--The 
     Secretary shall not limit eligibility--
       ``(i) under subparagraph (C)(i)(I)(aa), to those local 
     educational agencies in which the number of children 
     determined under section 8003(a)(1)(C) for each such agency 
     for the preceding school year constituted more than 40 
     percent of the total student enrollment in the schools of 
     each such agency during the preceding school year; and
       ``(ii) under subparagraph (C)(i)(I)(cc), to those local 
     educational agencies in which more than 10 percent of the 
     property in each such agency is exempt from State and local 
     taxation under Federal law.'';
       (C) in paragraph (6)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``in such manner, and accompanied by such information'' and 
     inserting ``and in such manner''; and
       (ii) by striking subparagraph (F); and
       (D) by striking paragraph (7).

     SEC. 807. FACILITIES.

       Section 8008 (20 U.S.C. 7708) is amended in subsection (a), 
     by striking ``section 8014(f)'' and inserting ``section 
     3(d)(5)''.

     SEC. 808. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE 
                   AID.

       Section 8009 (20 U.S.C. 7709) is amended--
       (1) in subsection (c)(1)(B), by striking ``and contain the 
     information''; and
       (2) in subsection (d)(2)--
       (A) by striking ``A State'' and inserting the following:
       ``(A) In general.--A State''; and
       (B) by adding at the end of the following:
       ``(B) States that are not equalized states.--A State that 
     has not been approved as an equalized State under subsection 
     (b) shall not consider funds received under section 8002 or 
     section 8003 of this title in any State formula or place a 
     limit or direct the use of such funds.''.

     SEC. 809. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

       Section 8011(a) (20 U.S.C. 7711(a)) is amended by striking 
     ``or under the Act'' and all the follows through ``1994)''.

     SEC. 810. DEFINITIONS.

       Section 8013 (20 U.S.C. 7713) is amended--
       (1) in paragraph (1), by striking ``and Marine Corps'' and 
     inserting ``Marine Corps, and Coast Guard'';
       (2) in paragraph (4), by striking ``and title VI'';
       (3) in paragraph (5)(A)(iii)--
       (A) in subclause (II), by striking ``Stewart B. McKinney 
     Homeless Assistance Act'' and inserting ``McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11411)''; and
       (B) in subclause (III), by inserting before the semicolon, 
     ``(25 U.S.C. 4101 et seq.)'';
       (4) in paragraph (8)(A), by striking ``and verified by'' 
     and inserting ``, and verified by,''; and
       (5) in paragraph (9)(B), by inserting a comma before ``on a 
     case-by-case basis''.

     SEC. 811. AUTHORIZATION OF APPROPRIATIONS.

       Section 8014 (20 U.S.C. 7801) is amended--
       (1) by striking ``2000'' each place it appears and 
     inserting ``2014'';
       (2) by striking ``2001'' and inserting ``2015''; and
       (3) by striking ``2002'' and inserting ``2016''.

     SEC. 812. CONFORMING AMENDMENTS.

       Subsection (c) of the Impact Aid Improvement Act of 2012 
     (20 U.S.C. 6301 note; Public Law 112-239; 126 Stat. 1748) is 
     amended--
       (1) (1) by striking paragraphs (1) and (4); and
       (2) (2) by redesignating paragraphs (2) and (3), as 
     paragraphs (1) and (2), respectively.

                      TITLE IX--GENERAL PROVISIONS

     SEC. 900. GENERAL AMENDMENTS.

       (a) General Prohibition.--Section 9527(a) (20 U.S.C. 
     7907(a)) is amended by inserting ``specific instructional 
     content, academic standards or assessments,'' after 
     ``school's curriculum,''.
       (b) Rule of Construction.--Section 9534 (20 U.S.C. 7914) is 
     amended by adding at the end the following:
       ``(c) Rule of Construction.--Any public or private entity 
     that receives funds allocated under this Act including from a 
     State educational agency or local educational agency shall be 
     considered a program under subsection (a) and be subject to 
     the requirements of subsection (a) in carrying out programs 
     or activities funded under this Act.''.

   Subtitle A--Protecting Students From Sexual and Violent Predators

     SEC. 901. BACKGROUND CHECKS.

       Subpart 2 of part E of title IX of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 9537. BACKGROUND CHECKS.

       ``(a) Background Checks.--To ensure a safe learning 
     environment, each State educational agency that receives 
     funds under this Act shall have in effect policies and 
     procedures that--
       ``(1) require that criminal background checks be conducted 
     for each school employee that include--
       ``(A) a search of the State criminal registry or repository 
     in the State in which the school employee resides and each 
     State in which the school employee previously resided;
       ``(B) a search of State-based child abuse and neglect 
     registries and databases in the State in which the school 
     employee resides and each State in which the school employee 
     previously resided;
       ``(C) a Federal Bureau of Investigation fingerprint check 
     using the Integrated Automated Fingerprint Identification 
     System; and
       ``(D) a search of the National Sex Offender Registry 
     established under section 19 of the Adam Walsh Child 
     Protection and Safety Act of 2006 (42 U.S.C. 16919);
       ``(2) prohibit the employment of an individual as a school 
     employee if such individual--

[[Page 11934]]

       ``(A) refuses to consent to a criminal background check 
     under paragraph (1);
       ``(B) makes a false statement in connection with such 
     criminal background check;
       ``(C) has been convicted of a felony consisting of--
       ``(i) homicide;
       ``(ii) child abuse or neglect;
       ``(iii) a crime against children, including child 
     pornography;
       ``(iv) spousal abuse;
       ``(v) a crime involving rape or sexual assault;
       ``(vi) kidnapping;
       ``(vii) arson; or
       ``(viii) physical assault, battery, or a drug-related 
     offense, committed within 5 years of the completion of such 
     individual's criminal background check under paragraph (1); 
     or
       ``(D) has been convicted of any other crime that is a 
     violent or sexual crime against a minor;
       ``(3) require that a local educational agency or State 
     educational agency that receives information from a criminal 
     background check conducted paragraph (1) that an individual 
     who has applied for employment as a school employee with such 
     agency is a sexual predator, report to local law enforcement 
     that such individual has so applied;
       ``(4) require that criminal background checks conducted 
     under paragraph (1) be periodically repeated or updated in 
     accordance with State law or local educational policy, but 
     not less than once every 5 years;
       ``(5) require that each school employee who has had a 
     criminal background check under paragraph (1) be provided 
     with a copy of the background check; and
       ``(6) provide for a timely process by which a school 
     employee may appeal, but which does not permit the school 
     employee to be employed as a school employee during such 
     appeal, the results of a criminal background check conducted 
     under paragraph (1) to--
       ``(A) challenge the accuracy or completeness of the 
     information produced by such background check; and
       ``(B) seek appropriate relief for any final employment 
     decision based on materially inaccurate or incomplete 
     information produced by such background check.
       ``(b) Inventory Authorized.--A State educational agency may 
     maintain an inventory of all the information from criminal 
     background checks conducted under subsection (a)(1) on school 
     employees in the State.
       ``(c) Definitions.--In this section:
       ``(1) School employee.--The term `school employee' means--
       ``(A) an employee of, or a person seeking employment with, 
     a local educational agency or State educational agency, and 
     who has a job duty that results in access to students; or
       ``(B) an employee of, or a person seeking employment with, 
     a for-profit or nonprofit entity, or local public agency, 
     that has a contract or agreement to provide services with a 
     school, local educational agency, or State educational 
     agency, and whose job duty--
       ``(i) is to provide such services; and
       ``(ii) results in access to students.
       ``(2) Sexual predator.--The term `sexual predator' means a 
     person 18 years of age or older who has been convicted of, or 
     pled guilty to, a sexual offense against a minor.''.

     SEC. 902. CONFORMING AMENDMENT.

       Section 2 of the Elementary and Secondary Education Act of 
     1965 is amended by adding after the item relating to section 
     9536 the following:

``Sec. 9537. Background checks.''.

                    Subtitle B--Evaluation Authority

     SEC. 911. EVALUATION AUTHORITY.

       Title IX (20 U.S.C. 7801 et seq.) is further amended by 
     amending part F to read as follows:

                     ``PART F--EVALUATION AUTHORITY

     ``SEC. 9911. EVALUATION AUTHORITY.

       ``(a) Reservation of Funds.--The Secretary shall reserve 
     not less than 1 percent but not more than 3 percent of the 
     amount appropriated to carry out each categorical program and 
     demonstration project authorized under this Act. The reserved 
     amounts shall be used by the Secretary, acting through the 
     Director of the Institute of Education Sciences, to--
       ``(1) conduct--
       ``(A) comprehensive, high-quality evaluations of the 
     program or project that--
       ``(i) provide information to inform policy-making and to 
     support continuous program improvement; and
       ``(ii) use methods appropriate for the questions being 
     asked; and
       ``(B) impact evaluations that, where practical and 
     appropriate, use rigorous methodologies, such as experimental 
     or quasi-experimental designs or randomized control trials, 
     that permit the strongest possible causal inferences;
       ``(2) provide technical assistance to grant recipients on--
       ``(A) the conduct of the evaluation activities that the 
     grantees carry out under this Act; and
       ``(B) the collection and reporting of performance data 
     relating to the program or project and using that data to 
     determine program effectiveness and make any required 
     improvements;
       ``(3) evaluate the aggregate short-term and long-term 
     effects and cost efficiencies across Federal programs 
     assisted or authorized under this Act and related Federal 
     preschool, elementary, and secondary programs under any other 
     Federal law;
       ``(4) increase the usefulness of evaluations of grant 
     recipients in order to ensure the continuous progress of the 
     program or project by improving the quality, timeliness, 
     efficiency, dissemination, and use of information relating to 
     performance under the program or project and building the 
     evidence base for what projects effectively meet the goals of 
     the program in question; and
       ``(5) identify and disseminate research and best practices 
     related to the programs and projects authorized under this 
     Act to build the evidence base for the programs and projects 
     that most effectively meet the goals of this Act.
       ``(b) Evaluation Plan.--The Secretary shall annually 
     develop and submit to Congress a plan that--
       ``(1) describes the specific evaluation activities and 
     their timelines that the Secretary intends to carry out under 
     this part for that year; and
       ``(2) results from evaluation activities carried out under 
     this part.
       ``(c) Other Evaluation Activities.--If, under any other 
     provision of this Act, funds are authorized to be reserved or 
     used for evaluation activities with respect to a program or 
     demonstration project, the Secretary may reserve additional 
     funds under this part, if the amount reserved is less than 1 
     percent of program funding. In that case, the Secretary may 
     reserve not less than 1 percent but not more than 3 percent 
     of funding for program evaluation.
       ``(d) Special Rule Regarding Allocation for Impact 
     Evaluations.--The Secretary shall use not less than 30 
     percent of the funds reserved under this section for each of 
     the fiscal years 2014 through 2019, in the aggregate for each 
     year, for impact evaluations that meet the requirements of 
     subsection (a)(1).''.

                 Subtitle C--Keeping All Students Safe

     SEC. 911. KEEPING ALL STUDENTS SAFE.

       Title IX (20 U.S.C. 7801 et seq.) is further amended by 
     adding at the end the following:

                  ``PART G--KEEPING ALL STUDENTS SAFE

     ``SEC. 9701. DEFINITIONS.

       ``In this part:
       ``(1) Chemical restraint.--The term `chemical restraint' 
     means a drug or medication used on a student to control 
     behavior or restrict freedom of movement that is not--
       ``(A) prescribed by a licensed physician, or other 
     qualified health professional acting under the scope of the 
     professional's authority under State law, for the standard 
     treatment of a student's medical or psychiatric condition; 
     and
       ``(B) administered as prescribed by the licensed physician 
     or other qualified health professional acting under the scope 
     of the professional's authority under State law.
       ``(2) Mechanical restraint.--The term `mechanical 
     restraint' has the meaning given the term in section 
     595(d)(1) of the Public Health Service Act (42 U.S.C. 
     290jj(d)(1)), except that the meaning shall be applied by 
     substituting `student's' for `resident's'.
       ``(3) Physical escort.--The term `physical escort' has the 
     meaning given the term in section 595(d)(2) of the Public 
     Health Service Act (42 U.S.C. 290jj(d)(2)), except that the 
     meaning shall be applied by substituting `student' for 
     `resident'.
       ``(4) Physical restraint.--The term `physical restraint' 
     has the meaning given the term in section 595(d)(3) of the 
     Public Health Service Act (42 U.S.C. 290jj(d)(3)).
       ``(5) Positive behavior supports.--The term `positive 
     behavior supports' means a systematic approach to embed 
     evidence-based practices and data-driven decisionmaking to 
     improve school climate and culture, including a range of 
     systemic and individualized strategies to reinforce desired 
     behaviors and diminish reoccurrence of problem behaviors, in 
     order to achieve improved academic and social outcomes and 
     increase learning for all students, including students with 
     the most complex and intensive behavioral needs.
       ``(6) Protection and advocacy system.--The term `protection 
     and advocacy system' means a protection and advocacy system 
     established under section 143 of the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15043).
       ``(7) School.--The term `school' means an entity--
       ``(A) that--
       ``(i) is a public or private--

       ``(I) day or residential elementary school or secondary 
     school; or
       ``(II) early childhood, elementary school, or secondary 
     school program that is under the jurisdiction of a school, 
     local educational agency, educational service agency, or 
     other educational institution or program; and

       ``(ii) receives, or serves students who receive, support in 
     any form from any program supported, in whole or in part, 
     with funds appropriated under the Student Success Act; or
       ``(B) that is a school funded or operated by the Department 
     of the Interior.
       ``(8) School personnel.--The term `school personnel' has 
     the meaning--
       ``(A) given the term in section 4151(10); and

[[Page 11935]]

       ``(B) given the term `school resource officer' in section 
     4151(11).
       ``(9) Seclusion.--The term `seclusion' has the meaning 
     given the term in section 595(d)(4) of the Public Health 
     Service Act (42 U.S.C. 290jj(d)(4)).
       ``(10) State-approved crisis intervention training 
     program.--The term `State-approved crisis intervention 
     training program' means a training program approved by a 
     State and the Secretary that, at a minimum, provides--
       ``(A) training in evidence-based techniques shown to be 
     effective in the prevention of physical restraint and 
     seclusion;
       ``(B) training in evidence-based techniques shown to be 
     effective in keeping both school personnel and students safe 
     when imposing physical restraint or seclusion;
       ``(C) evidence-based skills training related to positive 
     behavior supports, safe physical escort, conflict prevention, 
     understanding antecedents, de-escalation, and conflict 
     management;
       ``(D) training in first aid and cardiopulmonary 
     resuscitation;
       ``(E) information describing State policies and procedures 
     that meet the minimum standards established by regulations 
     promulgated pursuant to section 9702(a); and
       ``(F) certification for school personnel in the techniques 
     and skills described in subparagraphs (A) through (D), which 
     shall be required to be renewed on a periodic basis.
       ``(11) Student.--The term `student' means a student 
     enrolled in a school defined in paragraph (7), except that in 
     the case of a student enrolled in a private school or private 
     program, such term means a student who receives support in 
     any form from any program supported, in whole or in part, 
     with funds appropriated under the Student Success Act.
       ``(12) Time out.--The term `time out' has the meaning given 
     the term in section 595(d)(5) of the Public Health Service 
     Act (42 U.S.C. 290jj(d)(5)), except that the meaning shall be 
     applied by substituting `student' for `resident'.

     ``SEC. 9702. MINIMUM STANDARDS; RULE OF CONSTRUCTION.

       ``(a) Minimum Standards.--Not later than 180 days after the 
     date of the enactment of the Student Success Act, to ensure a 
     safe learning environment and protect each student from 
     physical or mental abuse, aversive behavioral interventions 
     that compromise student health and safety, or any physical 
     restraint or seclusion imposed solely for purposes of 
     discipline or convenience or in a manner otherwise 
     inconsistent with this part, the Secretary shall promulgate 
     regulations establishing the following minimum standards:
       ``(1) School personnel shall be prohibited from imposing on 
     any student the following:
       ``(A) Mechanical restraints.
       ``(B) Chemical restraints.
       ``(C) Physical restraint or physical escort that restricts 
     breathing.
       ``(D) Aversive behavioral interventions that compromise 
     health and safety.
       ``(2) School personnel shall be prohibited from imposing 
     physical restraint or seclusion on a student unless--
       ``(A) the student's behavior poses an imminent danger of 
     physical injury to the student, school personnel, or others;
       ``(B) less restrictive interventions would be ineffective 
     in stopping such imminent danger of physical injury;
       ``(C) such physical restraint or seclusion is imposed by 
     school personnel who--
       ``(i) continuously monitor the student face-to-face; or
       ``(ii) if school personnel safety is significantly 
     compromised by such face-to-face monitoring, are in 
     continuous direct visual contact with the student;
       ``(D) such physical restraint or seclusion is imposed by--
       ``(i) school personnel trained and certified by a State-
     approved crisis intervention training program (as defined in 
     section 9701(16)); or
       ``(ii) other school personnel in the case of a rare and 
     clearly unavoidable emergency circumstance when school 
     personnel trained and certified as described in clause (i) 
     are not immediately available due to the unforeseeable nature 
     of the emergency circumstance; and
       ``(E) such physical restraint or seclusion ends immediately 
     upon the cessation of the conditions described in 
     subparagraphs (A) and (B).
       ``(3) States, in consultation with local educational 
     agencies and private school officials, shall ensure that a 
     sufficient number of personnel are trained and certified by a 
     State-approved crisis intervention training program (as 
     defined in section 9701(16)) to meet the needs of the 
     specific student population in each school.
       ``(4) The use of physical restraint or seclusion as a 
     planned intervention shall not be written into a student's 
     education plan, individual safety plan, behavioral plan, or 
     individualized education program (as defined in section 602 
     of the Individuals with Disabilities Education Act (20 U.S.C. 
     1401)). Local educational agencies or schools may establish 
     policies and procedures for use of physical restraint or 
     seclusion in school safety or crisis plans, provided that 
     such school plans are not specific to any individual student.
       ``(5) Schools shall establish procedures to be followed 
     after each incident involving the imposition of physical 
     restraint or seclusion upon a student, including--
       ``(A) procedures to provide to the parent of the student, 
     with respect to each such incident--
       ``(i) an immediate verbal or electronic communication on 
     the same day as the incident; and
       ``(ii) written notification within 24 hours of the 
     incident; and
       ``(B) any other procedures the Secretary determines 
     appropriate.
       ``(b) Secretary of the Interior.--The Secretary of the 
     Interior shall ensure that schools operated or funded by the 
     Department of the Interior comply with the regulations 
     promulgated by the Secretary under subsection (a).
       ``(c) Rule of Construction.--Nothing in this section shall 
     be construed to authorize the Secretary to promulgate 
     regulations prohibiting the use of--
       ``(1) time out (as defined in section 9701(20));
       ``(2) devices implemented by trained school personnel, or 
     utilized by a student, for the specific and approved 
     therapeutic or safety purposes for which such devices were 
     designed and, if applicable, prescribed, including--
       ``(A) restraints for medical immobilization;
       ``(B) adaptive devices or mechanical supports used to 
     achieve proper body position, balance, or alignment to allow 
     greater freedom of mobility than would be possible without 
     the use of such devices or mechanical supports; or
       ``(C) vehicle safety restraints when used as intended 
     during the transport of a student in a moving vehicle; or
       ``(3) handcuffs by school resource officers (as such term 
     is defined in section 4151(11) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7161(11)))--
       ``(A) in the--
       ``(i) case when a student's behavior poses an imminent 
     danger of physical injury to the student, school personnel, 
     or others; or
       ``(ii) lawful exercise of law enforcement duties; and
       ``(B) less restrictive interventions would be ineffective.

     ``SEC. 9703. STATE PLAN AND REPORT REQUIREMENTS AND 
                   ENFORCEMENT.

       ``(a) State Plan.--Not later than 2 years after the 
     Secretary promulgates regulations pursuant to section 
     9702(a), and each year thereafter, each State educational 
     agency shall submit to the Secretary a State plan that 
     provides--
       ``(1) assurances to the Secretary that the State has in 
     effect--
       ``(A) State policies and procedures that meet the minimum 
     standards, including the standards with respect to State-
     approved crisis intervention training programs, established 
     by regulations promulgated pursuant to section 9702(a); and
       ``(B) a State mechanism to effectively monitor and enforce 
     the minimum standards;
       ``(2) a description of the State policies and procedures, 
     including a description of the State-approved crisis 
     intervention training programs in such State; and
       ``(3) a description of the State plans to ensure school 
     personnel and parents, including private school personnel and 
     parents, are aware of the State policies and procedures.
       ``(b) Reporting.--
       ``(1) Reporting requirements.--Not later than 2 years after 
     the date the Secretary promulgates regulations pursuant to 
     section 9702(a), and each year thereafter, each State 
     educational agency shall (in compliance with the requirements 
     of section 444 of the General Education Provisions Act 
     (commonly known as the `Family Educational Rights and Privacy 
     Act of 1974') (20 U.S.C. 1232g)) prepare and submit to the 
     Secretary, and make available to the public, a report that 
     includes the information described in paragraph (2), with 
     respect to each local educational agency, and each school not 
     under the jurisdiction of a local educational agency, located 
     in the same State as such State educational agency.
       ``(2) Information requirements.--
       ``(A) General information requirements.--The report 
     described in paragraph (1) shall include information on--
       ``(i) the total number of incidents in the preceding full-
     academic year in which physical restraint was imposed upon a 
     student; and
       ``(ii) the total number of incidents in the preceding full-
     academic year in which seclusion was imposed upon a student.
       ``(B) Disaggregation.--
       ``(i) General disaggregation requirements.--The information 
     described in subparagraph (A) shall be disaggregated by--

       ``(I) the total number of incidents in which physical 
     restraint or seclusion was imposed upon a student--

       ``(aa) that resulted in injury;
       ``(bb) that resulted in death; and
       ``(cc) in which the school personnel imposing physical 
     restraint or seclusion were not trained and certified as 
     described in section 9702(a)(2)(D)(i); and

       ``(II) the demographic characteristics of all students upon 
     whom physical restraint or seclusion was imposed, including--

[[Page 11936]]

       ``(aa) the categories identified in section 
     1111(h)(1)(C)(i) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i));
       ``(bb) age; and
       ``(cc) disability status (which has the meaning given the 
     term `individual with a disability' in section 7(20) of the 
     Rehabilitation Act of 1973 (29 U.S.C. 705(20))).
       ``(ii) Unduplicated count; exception.--The disaggregation 
     required under clause (i) shall--

       ``(I) be carried out in a manner to ensure an unduplicated 
     count of the--

       ``(aa) total number of incidents in the preceding full-
     academic year in which physical restraint was imposed upon a 
     student; and
       ``(bb) total number of incidents in the preceding full-
     academic year in which seclusion was imposed upon a student; 
     and

       ``(II) not be required in a case in which the number of 
     students in a category would reveal personally identifiable 
     information about an individual student.

       ``(c) Enforcement.--
       ``(1) In general.--
       ``(A) Use of remedies.--If a State educational agency fails 
     to comply with subsection (a) or (b), the Secretary shall--
       ``(i) withhold, in whole or in part, further payments under 
     an applicable program (as such term is defined in section 
     400(c) of the General Education Provisions Act (20 U.S.C. 
     1221)) in accordance with section 455 of such Act (20 U.S.C. 
     1234d);
       ``(ii) require a State educational agency to submit, and 
     implement, within 1 year of such failure to comply, a 
     corrective plan of action, which may include redirection of 
     funds received under an applicable program; or
       ``(iii) issue a complaint to compel compliance of the State 
     educational agency through a cease and desist order, in the 
     same manner the Secretary is authorized to take such action 
     under section 456 of the General Education Provisions Act (20 
     U.S.C. 1234e).
       ``(B) Cessation of withholding of funds.--Whenever the 
     Secretary determines (whether by certification or other 
     appropriate evidence) that a State educational agency who is 
     subject to the withholding of payments under subparagraph 
     (A)(i) has cured the failure providing the basis for the 
     withholding of payments, the Secretary shall cease the 
     withholding of payments with respect to the State educational 
     agency under such subparagraph.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed to limit the Secretary's authority under 
     the General Education Provisions Act (20 U.S.C. 1221 et 
     seq.).

     ``SEC. 9704. GRANT AUTHORITY.

       ``(a) In General.--From the amount appropriated under 
     section 922, the Secretary may award grants to State 
     educational agencies to assist the agencies in--
       ``(1) establishing, implementing, and enforcing the 
     policies and procedures to meet the minimum standards 
     established by regulations promulgated by the Secretary 
     pursuant to section 9702(a);
       ``(2) improving State and local capacity to collect and 
     analyze data related to physical restraint and seclusion; and
       ``(3) improving school climate and culture by implementing 
     school-wide positive behavior support approaches.
       ``(b) Duration of Grant.--A grant under this section shall 
     be awarded to a State educational agency for a 3-year period.
       ``(c) Application.--Each State educational agency desiring 
     a grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require, including 
     information on how the State educational agency will target 
     resources to schools and local educational agencies in need 
     of assistance related to preventing and reducing physical 
     restraint and seclusion.
       ``(d) Authority To Make Subgrants.--
       ``(1) In general.--A State educational agency receiving a 
     grant under this section may use such grant funds to award 
     subgrants, on a competitive basis, to local educational 
     agencies.
       ``(2) Application.--A local educational agency desiring to 
     receive a subgrant under this section shall submit an 
     application to the applicable State educational agency at 
     such time, in such manner, and containing such information as 
     the State educational agency may require.
       ``(e) Private School Participation.--
       ``(1) In general.--A local educational agency receiving 
     subgrant funds under this section shall, after timely and 
     meaningful consultation with appropriate private school 
     officials, ensure that private school personnel can 
     participate, on an equitable basis, in activities supported 
     by grant or subgrant funds.
       ``(2) Public control of funds.--The control of funds 
     provided under this section, and title to materials, 
     equipment, and property purchased with such funds, shall be 
     in a public agency, and a public agency shall administer such 
     funds, materials, equipment, and property.
       ``(f) Required Activities.--A State educational agency 
     receiving a grant, or a local educational agency receiving a 
     subgrant, under this section shall use such grant or subgrant 
     funds to carry out the following:
       ``(1) Researching, developing, implementing, and evaluating 
     strategies, policies, and procedures to prevent and reduce 
     physical restraint and seclusion in schools, consistent with 
     the minimum standards established by regulations promulgated 
     by the Secretary pursuant to section 9702(a).
       ``(2) Providing professional development, training, and 
     certification for school personnel to meet such standards.
       ``(3) Carrying out the reporting requirements under section 
     9703(b) and analyzing the information included in a report 
     prepared under such section to identify student, school 
     personnel, and school needs related to use of physical 
     restraint and seclusion.
       ``(g) Additional Authorized Activities.--In addition to the 
     required activities described in subsection (f), a State 
     educational agency receiving a grant, or a local educational 
     agency receiving a subgrant, under this section may use such 
     grant or subgrant funds for one or more of the following:
       ``(1) Developing and implementing high-quality professional 
     development and training programs to implement evidence-based 
     systematic approaches to school-wide positive behavior 
     supports, including improving coaching, facilitation, and 
     training capacity for administrators, teachers, specialized 
     instructional support personnel, and other staff.
       ``(2) Providing technical assistance to develop and 
     implement evidence-based systematic approaches to school-wide 
     positive behavior supports, including technical assistance 
     for data-driven decisionmaking related to behavioral supports 
     and interventions in the classroom.
       ``(3) Researching, evaluating, and disseminating high-
     quality evidence-based programs and activities that implement 
     school-wide positive behavior supports with fidelity.
       ``(4) Supporting other local positive behavior support 
     implementation activities consistent with this subsection.
       ``(h) Evaluation and Report.--Each State educational agency 
     receiving a grant under this section shall, at the end of the 
     3-year grant period for such grant--
       ``(1) evaluate the State's progress toward the prevention 
     and reduction of physical restraint and seclusion in the 
     schools located in the State, consistent with the minimum 
     standards established by regulations promulgated by the 
     Secretary pursuant to section 9702(a); and
       ``(2) submit to the Secretary a report on such progress.
       ``(i) Department of the Interior.--From the amount 
     appropriated under section 9708, the Secretary may allocate 
     funds to the Secretary of the Interior for activities under 
     this section with respect to schools operated or funded by 
     the Department of the Interior, under such terms as the 
     Secretary of Education may prescribe.

     ``SEC. 9705. NATIONAL ASSESSMENT.

       ``(a) National Assessment.--The Secretary shall carry out a 
     national assessment to determine the effectiveness of this 
     part, which shall include--
       ``(1) analyzing data related to physical restraint and 
     seclusion incidents;
       ``(2) analyzing the effectiveness of Federal, State, and 
     local efforts to prevent and reduce the number of physical 
     restraint and seclusion incidents in schools;
       ``(3) identifying the types of programs and services that 
     have demonstrated the greatest effectiveness in preventing 
     and reducing the number of physical restraint and seclusion 
     incidents in schools; and
       ``(4) identifying evidence-based personnel training models 
     with demonstrated success in preventing and reducing the 
     number of physical restraint and seclusion incidents in 
     schools, including models that emphasize positive behavior 
     supports and de-escalation techniques over physical 
     intervention.
       ``(b) Report.--The Secretary shall submit to the Committee 
     on Education and the Workforce of the House of 
     Representatives and the Committee on Health, Education, 
     Labor, and Pensions of the Senate--
       ``(1) not later than 3 years after the date of enactment of 
     the Student Success Act, an interim report that summarizes 
     the preliminary findings of the assessment described in 
     subsection (a); and
       ``(2) not later than 5 years after the date of the 
     enactment of the Student Success Act, a final report of the 
     findings of the assessment.

     ``SEC. 9706. PROTECTION AND ADVOCACY SYSTEMS.

       ``Protection and Advocacy Systems shall have the authority 
     provided under section 143 of the Developmental Disabilities 
     Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043) 
     to investigate, monitor, and enforce protections provided for 
     students under this part.

     ``SEC. 9707. LIMITATION OF AUTHORITY.

       ``(a) In General.--Nothing in this part shall be construed 
     to restrict or limit, or allow the Secretary to restrict or 
     limit, any other rights or remedies otherwise available to 
     students or parents under Federal or State law or regulation.
       ``(b) Applicability.--
       ``(1) Private schools.--Nothing in this part shall be 
     construed to affect any private school that does not receive, 
     or does not serve students who receive, support in any form 
     from any program supported, in whole or in part, with funds 
     appropriated to the Department of Education.

[[Page 11937]]

       ``(2) Home schools.--Nothing in this part shall be 
     construed to--
       ``(A) affect a home school, whether or not a home school is 
     treated as a private school or home school under State law; 
     or
       ``(B) consider parents who are schooling a child at home as 
     school personnel.

     ``SEC. 9708. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as may 
     be necessary to carry out this part for fiscal year 2014 and 
     each of the 4 succeeding fiscal years.

     ``SEC. 9709. PRESUMPTION OF CONGRESS RELATING TO COMPETITIVE 
                   PROCEDURES.

       ``(a) Presumption.--It is the presumption of Congress that 
     grants awarded under this part will be awarded using 
     competitive procedures based on merit.
       ``(b) Report to Congress.--If grants are awarded under this 
     part using procedures other than competitive procedures, the 
     Secretary shall submit to Congress a report explaining why 
     competitive procedures were not used.''.

        Subtitle D--Protecting Student Athletes From Concussions

     SEC. 931. PROTECTING STUDENT ATHLETES FROM CONCUSSIONS.

       Title IX (20 U.S.C. 7801 et seq.) is further amended by 
     adding at the end the following:

         ``PART H--PROTECTING STUDENT ATHLETES FROM CONCUSSIONS

     ``SEC. 9801. MINIMUM STATE REQUIREMENTS.

       ``Beginning with fiscal year 2014, in order to be eligible 
     to receive funds for such year or a subsequent fiscal year 
     under the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.) each State educational agency shall 
     issue regulations establishing the following minimum 
     requirements in order to protect student academic achievement 
     from the impact of concussions:
       ``(1) Local educational agency concussion safety and 
     management plan.--Each local educational agency in the State, 
     in consultation with members of the community in which such 
     agency is located, shall develop and implement a standard 
     plan for concussion safety and management that includes--
       ``(A) the education of students, parents, and school 
     personnel about concussions, such as--
       ``(i) the training and certification of school personnel, 
     including coaches, athletic trainers, and school nurses, on 
     concussion safety and management; and
       ``(ii) using and maintaining standardized release forms, 
     treatment plans, observation, monitoring and reporting forms, 
     recordkeeping forms, and post-injury fact sheets;
       ``(B) supports for students recovering from a concussion, 
     such as--
       ``(i) guiding such student in resuming participation in 
     athletic activity and academic activities with the help of a 
     multi-disciplinary team, which may include--

       ``(I) a health care professional, the parents of such 
     student, a school nurse, or other relevant school personnel; 
     and
       ``(II) an individual who is assigned by a public school to 
     oversee and manage the recovery of such student;

       ``(ii) providing appropriate academic accommodations; and
       ``(iii) referring students whose symptoms of concussion 
     reemerge or persist upon the reintroduction of cognitive and 
     physical demands for evaluation of the eligibility of such 
     students for services under the Individual with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.) and the Rehabilitation 
     Act of 1973 (29 U.S.C. 701 note et seq.); and
       ``(C) best practices designed to ensure, with respect to 
     concussions, the uniformity of safety standards, treatment, 
     and management, such as--
       ``(i) disseminating information on concussion management 
     safety and management to the public; and
       ``(ii) applying uniform standards for concussion safety and 
     management to all students enrolled in public schools.
       ``(2) Posting of information on concussions.--Each public 
     elementary school and each secondary school shall post on 
     school grounds, in a manner that is visible to students and 
     school personnel, and make publicly available on the school 
     website, information on concussions that--
       ``(A) is based on peer-reviewed scientific evidence (such 
     as information made available by the Centers for Disease 
     Control and Prevention);
       ``(B) shall include--
       ``(i) the risks posed by sustaining a concussion;
       ``(ii) the actions a student should take in response to 
     sustaining a concussion, including the notification of school 
     personnel; and
       ``(iii) the signs and symptoms of a concussion; and
       ``(C) may include--
       ``(i) the definition of a concussion;
       ``(ii) the means available to the student to reduce the 
     incidence or recurrence of a concussion; and
       ``(iii) the effects of a concussion on academic learning 
     and performance.
       ``(3) Response to concussion.--If any school personnel, 
     including coaches and athletic trainers, of a public school 
     suspects that a student has sustained a concussion during a 
     school-sponsored athletic activity--
       ``(A) the student shall be--
       ``(i) immediately removed from participation in such 
     activity; and
       ``(ii) prohibited from returning to participate in school-
     sponsored athletic activities--

       ``(I) on the day such student sustained a concussion; and
       ``(II) until such student submits a written release from a 
     health care professional stating that the student is capable 
     of resuming participation in school-sponsored athletic 
     activities; and

       ``(B) such personnel shall report to the parent or guardian 
     of such student--
       ``(i) the date, time, and extent of the injury suffered by 
     such student; and
       ``(ii) any actions taken to treat such student.
       ``(4) Return to athletics and academics.--Before a student 
     who has sustained a concussion in a school-sponsored athletic 
     activity resumes participation in school-sponsored athletic 
     activities or academic activities, the school shall receive a 
     written release from a health care professional, that--
       ``(A) states that the student is capable of resuming 
     participation in such activities; and
       ``(B) may require the student to follow a plan designed to 
     aid the student in recovering and resuming participation in 
     such activities in a manner that--
       ``(i) is coordinated, as appropriate, with periods of 
     cognitive and physical rest while symptoms of a concussion 
     persist; and
       ``(ii) reintroduces cognitive and physical demands on such 
     student on a progressive basis only as such increases in 
     exertion do not cause the reemergence or worsening of 
     symptoms of a concussion.

     ``SEC. 9802. REPORT TO SECRETARY OF EDUCATION.

       ``Not later than 6 months after promulgating regulations 
     pursuant to section 9801 in order to be eligible to receive 
     funds under the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.), each State educational agency 
     shall submit to the Secretary of Education a report that 
     contains--
       ``(1) a description of the State regulations promulgated 
     pursuant to section 9801; and
       ``(2) an assurance that the State has implemented such 
     regulations.

     ``SEC. 9803. RULE OF CONSTRUCTION.

       ``Nothing in this subtitle shall be construed to alter or 
     supersede State law with respect to education standards or 
     procedures or civil liability.

     ``SEC. 9804. DEFINITIONS.

       ``In this subtitle:
       ``(1) Concussion.--The term `concussion' means a type of 
     traumatic brain injury that--
       ``(A) is caused by a blow, jolt, or motion to the head or 
     body that causes the brain to move rapidly in the skull;
       ``(B) disrupts normal brain functioning and alters the 
     mental state of the individual, causing the individual to 
     experience--
       ``(i) any period of observed or self-reported--

       ``(I) transient confusion, disorientation, or impaired 
     consciousness;
       ``(II) dysfunction of memory around the time of injury; and
       ``(III) loss of consciousness lasting less than 30 minutes;

       ``(ii) any one of four types of symptoms of a headache, 
     including--

       ``(I) physical symptoms, such as headache, fatigue, or 
     dizziness;
       ``(II) cognitive symptoms, such as memory disturbance or 
     slowed thinking;
       ``(III) emotional symptoms, such as irritability or 
     sadness; and
       ``(IV) difficulty sleeping; and

       ``(C) can occur--
       ``(i) with or without the loss of consciousness; and
       ``(ii) during participation in any organized sport or 
     recreational activity.
       ``(2) Health care professional.--The term `health care 
     professional' means a physician, nurse, certified athletic 
     trainer, physical therapist, neuropsychologist or other 
     qualified individual who--
       ``(A) is a registered, licensed, certified, or otherwise 
     statutorily recognized by the State to provide medical 
     treatment;
       ``(B) is experienced in the diagnosis and management of 
     traumatic brain injury among a pediatric population; and
       ``(C) may be a volunteer.
       ``(3) Local educational agency; state educational agency.--
     The terms `local educational agency' and `State educational 
     agency' have the meanings given such terms in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       ``(4) School personnel.--The term `school personnel' has 
     the meaning given such term in section 4151 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7161).
       ``(5) School-sponsored athletic activity.--The term 
     `school-sponsored athletic activity' means--
       ``(A) any physical education class or program of a school;
       ``(B) any athletic activity authorized during the school 
     day on school grounds that is not an instructional activity; 
     and
       ``(C) any extracurricular sports team, club, or league 
     organized by a school on or off school grounds.''.

[[Page 11938]]



          TITLE X--EDUCATION FOR HOMELESS CHILDREN AND YOUTHS

     SEC. 1001. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.

       Subtitle B of title VII of the McKinney-Vento Homeless 
     Assistance Ac (42 U.S.C. 11421 et seq.) is amended to read as 
     follows:

        ``Subtitle B--Education for Homeless Children and Youths

     ``SEC. 721. STATEMENT OF POLICY.

       ``The following is the policy of Congress:
       ``(1) Each State educational agency shall ensure that each 
     homeless child and youth has access to the same free, 
     appropriate public education, including a public preschool 
     education, as provided to other children and youth.
       ``(2) In any State where compulsory residency requirements 
     or other requirements of laws, regulations, practices, or 
     policies may act as a barrier to the identification, 
     enrollment, attendance, or success in school of homeless 
     children and youth, the State shall review and revise such 
     laws, regulations, practices, or policies to ensure that 
     homeless children and youth are afforded the same free 
     appropriate public education as is provided to other children 
     and youth.
       ``(3) Homelessness is not a sufficient reason to separate 
     students from the mainstream school environment.
       ``(4) Homeless children and youth shall have access to the 
     education and other services that such children and youth 
     need to ensure that such children and youth have an 
     opportunity to meet the same college and career ready State 
     student academic achievement standards to which all students 
     are held.

     ``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE 
                   EDUCATION OF HOMELESS CHILDREN AND YOUTHS.

       ``(a) General Authority.--The Secretary is authorized to 
     make grants to States from allotments made under subsection 
     (c) and in accordance with this section to enable such States 
     to carry out the activities described in subsections (d) 
     through (g).
       ``(b) Application.--In order for a State to be eligible to 
     receive a grant under this section, the State educational 
     agency, in consultation with other relevant State agencies, 
     shall submit an application to the Secretary at such time, in 
     such manner, and containing or accompanied by such 
     information as the Secretary may reasonably require.
       ``(c) Allocation and Reservations.--
       ``(1) Allocation.--
       ``(A) In general.--Subject to subparagraph (C), the 
     Secretary is authorized to allot to each State an amount that 
     bears the same ratio to the amount appropriated for such year 
     under section 727 that remains after the Secretary reserves 
     funds under paragraph (2) and uses funds to carry out section 
     724(d) and (h), as the amount allocated under section 1122 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6332) to the State for that year bears to the total amount 
     allocated under section 1122 of such Act to all States for 
     that year, except as provided in subparagraph (B)--
       ``(B) Minimum allotments.--No State shall receive for a 
     fiscal year less under this paragraph than the greater of--
       ``(i) $300,000; or
       ``(ii) an amount that bears the same ratio to the amount 
     appropriated for such year under section 727 that remains 
     after the Secretary reserves funds under paragraph (2) and 
     uses funds to carry out section 724 (d) and (h), as the 
     amount the State received under this paragraph for the 
     preceding fiscal year bears to the total amount received by 
     all States under this paragraph for the preceding fiscal 
     year.
       ``(C) Reduction for insufficient funds.--If there are 
     insufficient funds in a fiscal year to allot to each State 
     the minimum amount under subparagraph (B), the Secretary 
     shall ratably reduce the allotments to all States based on 
     the proportionate share that each State received under this 
     subsection for the preceding fiscal year.
       ``(2) Reservations.--
       ``(A) Students in territories.--The Secretary is authorized 
     to reserve 0.1 percent of the amount appropriated for each 
     fiscal year under section 727 to be allocated by the 
     Secretary among the United States Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of the Northern Mariana 
     Islands, according to their respective need for assistance 
     under this title, as determined by the Secretary. Funds 
     allocated under this subparagraph shall be used for programs 
     that are consistent with the purposes of the programs 
     described in this subtitle.
       ``(B) Indian students.--
       ``(i) Transfer.--The Secretary shall transfer 1 percent of 
     the amount appropriated for each fiscal year under section 
     727 to the Department of the Interior for programs that are 
     for Indian students served by schools funded by the Secretary 
     of the Interior, as determined under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.), and that are consistent with the purposes of the 
     programs described in this title.
       ``(ii) Agreement.--The Secretary of Education and the 
     Secretary of the Interior shall enter into an agreement, 
     consistent with the requirements of this title, for the 
     distribution and use of the funds described in clause (i) 
     under terms that the Secretary of Education determines best 
     meet the purposes of the programs described in this title. 
     Such agreement shall set forth the plans of the Secretary of 
     the Interior for the use of the funds transferred, including 
     appropriate goals, objectives, and milestones for that use.
       ``(d) State Activities.--Grant funds from a grant made to a 
     State under this section shall be used for the following:
       ``(1) To provide activities for and services to improve the 
     identification of homeless children and youth and enable such 
     children and youth to enroll in, attend, and succeed in 
     school, including in early childhood education programs.
       ``(2) To establish or designate an Office of the 
     Coordinator for Education of Homeless Children and Youth in 
     the State educational agency in accordance with subsection 
     (f) that has sufficient knowledge, authority, and time to 
     carry out the duties described in this title.
       ``(3) To prepare and carry out the State plan described in 
     subsection (g).
       ``(4) To develop and implement professional development 
     activities for liaisons designated under subsection 
     (g)(1)(J)(ii), other local educational agency school 
     personnel, and community agencies to improve their--
       ``(A) identification of homeless children and youth; and
       ``(B) awareness of, and capacity to respond to, specific 
     needs in the education of homeless children and youth.
       ``(e) State and Local Subgrants.--
       ``(1) Minimum disbursements by states.--From the grant 
     funds made available each year to a State under subsection 
     (a) to carry out this title, the State educational agency 
     shall distribute not less than 75 percent by making subgrants 
     under section 723 to local educational agencies for the 
     purposes of carrying out section 723.
       ``(2) Use by state educational agency.--A State educational 
     agency may use any grant funds remaining after making 
     subgrants under section 723 to conduct activities under 
     subsection (f) directly or through making grants or entering 
     into contracts.
       ``(3) Prohibition on segregating homeless students.--In 
     providing a free public education to a homeless child or 
     youth, no State receiving funds under this title shall 
     segregate such child or youth in a separate school, or in a 
     separate program within a school, based on such child's or 
     youth's status as homeless.
       ``(A) Exception.--Notwithstanding paragraph (3), paragraphs 
     (1)(J)(i) and (3) of subsection (g), section 723(a)(2), and 
     any other provision of this title relating to the placement 
     of homeless children or youths in schools, a State that has a 
     separate school for homeless children or youths that was 
     operated and in receipt of funds under this title in fiscal 
     year 2013 in a covered county shall be eligible to receive 
     funds under this title for programs carried out in such 
     school.
       ``(B) Definition.--For purposes of this paragraph, the term 
     `covered county' means San Diego County, California.
       ``(f) Functions of the Office of Coordinator.--The 
     Coordinator for Education of Homeless Children and Youth 
     established in each State shall--
       ``(1) gather and make publicly available reliable, valid, 
     and comprehensive information on
       ``(A) the nature and extent of the problems homeless 
     children and youth have in gaining access to public preschool 
     programs, and to public elementary schools and secondary 
     schools;
       ``(B) the difficulties in identifying the special needs and 
     barriers to participation and achievement of such children 
     and youth;
       ``(C) any progress made by the State educational agency and 
     local educational agencies in the State in addressing such 
     problems and difficulties; and
       ``(D) the success of the programs under this title in 
     identifying homeless children and youth and allowing homeless 
     children and youth to enroll in, attend, and succeed in 
     school; and
       ``(2) develop and carry out the State plan described in 
     subsection (g);
       ``(3) collect data for and transmit to the Secretary, at 
     such time and in such manner as the Secretary may require, 
     reports containing such information as the Secretary 
     determines is necessary to assess the educational needs of 
     homeless children and youth within the State including data 
     requested pursuant to section 724(h);
       ``(4) improve the provision of comprehensive education and 
     related support services to homeless children and youth and 
     their families, and to minimize educational disruption, 
     through coordination of activities and collaboration with--
       ``(A) educators, including teachers, administrators, 
     specialized instructional support personnel, and child 
     development and preschool program personnel;
       ``(B) providers of services to homeless children and youth 
     and homeless families, public and private child welfare and 
     social service agencies, law enforcement agencies, juvenile 
     and family courts, agencies providing mental health services, 
     domestic violence agencies, child care providers, runaway and 
     homeless youth centers, and providers of services and 
     programs funded under the Runaway and Homeless Youth Act (42 
     U.S.C. 5701 et seq.);

[[Page 11939]]

       ``(C) providers of emergency, transitional, and permanent 
     housing to homeless children and youth, and their families, 
     including public housing agencies, shelter operators, 
     operators of transitional housing facilities, and providers 
     of transitional living programs for homeless youth;
       ``(D) local educational agency liaisons designated under 
     subsection (g)(1)(J)(ii) for homeless children and youths; 
     and
       ``(E) community organizations and groups representing 
     homeless children and youth and their families; and
       ``(5) provide professional development and technical 
     assistance to and conduct monitoring of local educational 
     agencies, in coordination with local educational agency 
     liaisons designated under subsection (g)(1)(J)(ii), to ensure 
     that local educational agencies comply with the requirements 
     of paragraphs (3) through (8) of subsection (g), and 
     subsection (e)(3); and
       ``(g) State Plan.--
       ``(1) In general.--Each State shall submit to the Secretary 
     and implement a plan to provide for the education of homeless 
     children and youth within the State. Such plan shall include 
     the following:
       ``(A) A description of how such children and youth are (or 
     will be) given the opportunity
       ``(i) to meet the same challenging State academic 
     achievement standards all students are expected to meet; and
       ``(ii) to become college and career ready.
       ``(B) A description of the procedures the State educational 
     agency will use, in coordination with local educational 
     agencies, to identify such children and youths in the State 
     and to assess their needs.
       ``(C) A description of procedures for the prompt resolution 
     of disputes arising under this title, which shall--
       ``(i) be developed in coordination and collaboration with 
     the liaisons designated under subparagraph (J)(ii);
       ``(ii) be readily available and provided in a written 
     format and, to the extent practicable, in a manner and form 
     understandable to the parents and guardians of homeless 
     children and youth;
       ``(iii) take into account the educational best interest of 
     the homeless child or youth, or unaccompanied youth, 
     involved; and
       ``(iv) ensure that parents and guardians of homeless 
     children and youth, and unaccompanied youth, who have 
     exhausted the procedures available under this paragraph are 
     able to appeal to the State educational agency, and are 
     enrolled in school pursuant to paragraph (4)(C) and receive 
     transportation pursuant to subparagraph (J)(iii) pending 
     final resolution of the dispute.
       ``(D) A description of programs for school personnel 
     (including the liaisons, principals, attendance officers, 
     teachers, enrollment personnel, and specialized instructional 
     support personnel) to increase the awareness of such 
     personnel of the specific needs of homeless adolescents, 
     including runaway and homeless youth.
       ``(E) A description of procedures that ensure that homeless 
     children and youth are able to participate in Federal, State, 
     or local nutrition programs.
       ``(F) A description of procedures that ensure that--
       ``(i) homeless children have access to public preschool 
     programs, administered by the State educational agency or 
     local educational agency, including through the policies and 
     practices required under paragraph (3);
       ``(ii) homeless youths and youth separated from the public 
     schools, are identified and accorded equal access to 
     appropriate and available secondary education and support 
     services, including receiving appropriate credit for full or 
     partial coursework satisfactorily completed while attending a 
     prior school, and for work completed after their enrollment 
     in a new school, consistent with State graduation 
     requirements and accreditation standards; and
       ``(iii) homeless children and youth who meet the relevant 
     eligibility criteria are able to participate in Federal, 
     State, or local educational programs, such as

       ``(I) innovative school models, including charter schools, 
     magnet schools, and blended learning schools;
       ``(II) expanded learning time and out-of-school time 
     programs, including before- and after-school programs and 
     summer schools;
       ``(III) middle and secondary school enrichment programs, 
     including career and technical education, advanced placement, 
     international baccalaureate, and dual enrollment courses;
       ``(IV) online learning opportunities, including virtual 
     schools; and
       ``(V) relevant workforce investment programs.

       ``(G) Strategies to address problems identified in the 
     reports provided to the Secretary under subsection (f)(3).
       ``(H) Strategies to address other problems with respect to 
     the education of homeless children and youth, including 
     enrollment problems related to--
       ``(i) immunization and other required health records and 
     screenings;
       ``(ii) residency requirements;
       ``(iii) lack of birth certificates, school records, or 
     other documentation;
       ``(iv) guardianship issues; or
       ``(v) uniform or dress code requirements.
       ``(I) A demonstration that the State educational agency and 
     local educational agencies and schools in the State have 
     developed, and shall review and revise, their policies and 
     practices to remove barriers to the identification, 
     enrollment, attendance, retention, and success of homeless 
     children and youth in schools, including early childhood 
     education programs, in the State.
       ``(J) Assurances that the following will be carried out--
       ``(i) the State educational agency and local educational 
     agencies in the State will adopt policies and practices to 
     ensure that homeless children and youth are not stigmatized 
     or segregated on the basis of their status as homeless;
       ``(ii) local educational agencies will designate an 
     appropriate staff person as the local educational agency 
     liaison for homeless children and youth, who shall have 
     sufficient training and time to carry out the duties 
     described in paragraph (7)(A), and who may also be a 
     coordinator for other Federal programs.
       ``(iii) the State and local educational agencies in the 
     State will adopt policies and practices to ensure that 
     transportation is provided at the request of the parent or 
     guardian involved (or in the case of an unaccompanied youth, 
     the liaison), to and from the school of origin for as long as 
     the student has the right to attend the school of origin as 
     determined in paragraph (4)(A), in accordance with the 
     following, where applicable:

       ``(I) If the child or youth continues to live in the area 
     served by the local educational agency for the school of 
     origin, the child's or youth's transportation to and from the 
     school of origin shall be provided or arranged by the local 
     educational agency for the school of origin.
       ``(II) If the child's or youth's living arrangements in the 
     area served by the local educational agency of origin 
     terminate and the child or youth, though continuing the 
     child's or youth's education in the school of origin, begins 
     living in an area served by another local educational agency, 
     the local educational agency of origin and the local 
     educational agency for the area in which the child or youth 
     is living shall agree upon a method to apportion the 
     responsibility and cost for providing transportation to and 
     from the school of origin. If the local educational agencies 
     are unable to agree upon such method, the responsibility and 
     costs for transportation shall be shared equally between the 
     agencies.

       ``(iv) The State educational agency and local educational 
     agencies will adopt policies and practices to promote school 
     success for homeless children and youth, including access to 
     full participation in academic and extracurricular activities 
     that are made available to non-homeless students.
       ``(2) Compliance.--
       ``(A) In general.--Each plan adopted under this subsection 
     shall also describe how the State will ensure that local 
     educational agencies in the State will comply with the 
     requirements of paragraphs (3) through (8).
       ``(B) Coordination.--Such plan shall indicate what 
     technical assistance the State will furnish to local 
     educational agencies and how compliance efforts will be 
     coordinated with the local educational agency liaisons 
     designated under paragraph (1)(J)(ii).
       ``(3) Local educational agency requirements.--
       ``(A) In general.--The local educational agency serving 
     each child or youth to be assisted under this title shall, 
     according to the child's or youth's best interest--
       ``(i) continue the child's or youth's education in the 
     school of origin for the duration of homelessness--

       ``(I) in any case in which the child or youth becomes a 
     homeless child or youth between academic years or during an 
     academic year; or
       ``(II) for the remainder of the academic year, if the child 
     or youth becomes permanently housed during an academic year; 
     or

       ``(ii) enroll the child or youth in any public school that 
     nonhomeless students who live in the attendance area in which 
     the child or youth is actually living are eligible to attend.
       ``(B) Best interest.--In determining the best interest of 
     the child or youth under subparagraph (A), the local 
     educational agency shall--
       ``(i) presume that keeping a homeless child or youth in the 
     school of origin is in the child's or youth's best interest, 
     except when doing so is contrary to the wishes of the child's 
     or youth's parent or guardian;
       ``(ii) consider student-centered factors related to the 
     child's or youth's best interest, including factors related 
     to the impact of mobility on achievement, education, health, 
     and safety of homeless children and youth, giving priority to 
     the wishes of the homeless child's or youth's parent or 
     guardian or the unaccompanied youth involved;
       ``(iii) if, after conducting the best interest 
     determination described in clause (ii), the local educational 
     agency determines that it is not in the child's or youth's 
     best interest to attend the school or origin or the school 
     requested by the parent, guardian, or unaccompanied youth, 
     provide, in coordination with the local education agency 
     liaison, the homeless child's or youth's parent or guardian 
     or the unaccompanied youth, with a

[[Page 11940]]

     written explanation in a manner or form understandable to 
     such parent, guardian, or youth, to the extent practicable, 
     including a statement regarding the right to appeal under 
     subparagraph (E);
       ``(iv) in the case of an unaccompanied youth, ensure that 
     the homeless liaison designated under paragraph (1)(J)(ii) 
     assists in placement or enrollment decisions under this 
     subparagraph, gives priority to the views of such 
     unaccompanied youth, and provides notice to such youth of the 
     right to appeal under subparagraph (E); and
       ``(v) provide transportation pursuant to paragraphs 
     (1)(J)(iii) and (5).
       ``(C) Enrollment.--
       ``(i) Enrollment.--The school selected in accordance with 
     this paragraph shall immediately enroll the homeless child or 
     youth, even if the child or youth--

       ``(I) is unable to produce records traditionally required 
     for enrollment, including previous academic records, health 
     records, proof of residency or guardianship, or other 
     documentation;
       ``(II) has unpaid fines or fees from prior schools or is 
     unable to pay fees in the school selected; or
       ``(III) has missed application or enrollment deadlines 
     during any period of homelessness.

       ``(ii) Contacting school last attended.--The enrolling 
     school shall immediately contact the school last attended by 
     the child or youth to obtain relevant academic and other 
     records.
       ``(iii) Relevant health records.--If the child or youth 
     needs to obtain immunizations or other required health 
     records, the enrolling school shall immediately enroll the 
     child or youth and immediately refer the parent or guardian 
     of the child or youth, or the unaccompanied youth, to the 
     local educational agency liaison designated under paragraph 
     (1)(J)(ii), who shall assist in obtaining necessary 
     immunizations or screenings or other required health records, 
     in accordance with subparagraph (D).
       ``(iv) No liability.--Whenever the school selected enrolls 
     an unaccompanied youth in accordance with this paragraph, no 
     liability shall be imposed upon the school by reason of 
     enrolling the youth without parent or guardian consent.
       ``(D) Records.--Any record ordinarily kept by the school, 
     including immunization or medical records, academic records, 
     birth certificates, guardianship records, and evaluations for 
     special services or programs, regarding each homeless child 
     or youth shall be maintained--
       ``(i) so that the records involved are available when a 
     child or youth enters a new school or school district, even 
     if the child or youth owes fees or fines or did not withdraw 
     from the previous school in conformance with local withdrawal 
     procedures; and
       ``(ii) in a manner consistent with section 444 of the 
     General Education Provisions Act (20 U.S.C. 1232g).
       ``(E) Disputes.--If a dispute arises over eligibility, 
     enrollment, school selection or service in a public school or 
     public preschool, or any other issue relating to services 
     under this title--
       ``(i) in the case of a dispute relating to eligibility for 
     enrollment or school selection, the child or youth shall be 
     immediately enrolled in the school in which enrollment is 
     sought, pending final resolution of the dispute including all 
     available appeals;
       ``(ii) the parent or guardian of the child or youth shall 
     be provided with a written explanation of the school's 
     decision regarding eligibility for enrollment, school 
     selection, or services, made by the school or the local 
     educational agency, which shall include information about the 
     right to appeal the decision;
       ``(iii) the child, youth, parent, or guardian shall be 
     referred to the local educational agency liaison designated 
     under paragraph (1)(J)(ii), who shall carry out the dispute 
     resolution process as described in paragraph (1)(C) as 
     expeditiously as possible after receiving notice of such 
     dispute; and
       ``(iv) in the case of an unaccompanied youth, the liaison 
     shall ensure that the youth is immediately enrolled in the 
     school in which the youth seeks enrollment, pending 
     resolution of such dispute.
       ``(F) Placement choice.--The choice regarding placement 
     shall be made regardless of whether the child or youth 
     involved lives with the homeless parents or has been 
     temporarily placed elsewhere.
       ``(G) School of origin defined.--
       ``(i) In general.--In this paragraph, the term `school of 
     origin' means the school that the child or youth attended 
     when permanently housed or the school in which the child or 
     youth was last enrolled.
       ``(ii) Receiving school.--When a child or youth completes 
     the final grade level served by the school of origin, as 
     described in clause (i), the term `school of origin' shall 
     include the designated receiving school at the next grade 
     level for the feeder school that the child or youth attended.
       ``(H) Contact information.--Nothing in this title shall 
     prohibit a local educational agency from requiring a parent 
     or guardian of a homeless child to submit contact 
     information.
       ``(I) Privacy.--Information about a homeless child's or 
     youth's living situation shall be treated as a student 
     education record under section 444 of the General Education 
     Provisions Act (20 U.S.C. 1232g) and shall not be released to 
     housing providers, employers, law enforcement personnel, or 
     other persons or agencies not authorized to have such 
     information under section 99.31 of title 34, Code of Federal 
     Regulations, paying particular attention to preventing 
     disruption of the living situation of the child or youth and 
     to supporting the safety of such children and youth who are 
     survivors of domestic violence and unaccompanied youth.
       ``(J) Academic achievement.--The school selected in 
     accordance with this paragraph shall ensure that homeless 
     children and youth have opportunities to meet the same 
     college and career ready State student academic achievement 
     standards to which other students are held, including 
     implementing the policies and practices required by paragraph 
     (1)(J)(iv).
       ``(4) Comparable services.--In addition to receiving 
     services provided for homeless children and youth under this 
     title or other Federal, State, or local laws, regulations, 
     policies, or practices, each homeless child or youth to be 
     assisted under this title shall be provided services 
     comparable to services offered to other students in the 
     school selected under paragraph (4), including the following:
       ``(A) Transportation services.
       ``(B) Educational services for which the child or youth 
     meets the eligibility criteria, such as services provided 
     under title I of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6301 et seq.), similar State or local 
     programs, charter schools, magnet schools, educational 
     programs for children with disabilities, and educational 
     programs for students with limited English proficiency.
       ``(C) Programs in vocational and technical education.
       ``(D) Programs for gifted and talented students.
       ``(E) School nutrition programs.
       ``(F) Health and counseling services, as appropriate.
       ``(5) Coordination.--
       ``(A) In general.--Each local educational agency shall 
     coordinate--
       ``(i) the provision of services under this title with the 
     services of local social services agencies and other agencies 
     or entities providing services to homeless children and youth 
     and their families, including services and programs funded 
     under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et 
     seq.); and
       ``(ii) transportation, transfer of school records, and 
     other interdistrict activities, with other local educational 
     agencies.
       ``(B) Housing assistance.--Each State educational agency 
     and local educational agency that receives assistance under 
     this title shall coordinate, if applicable, with State and 
     local housing agencies responsible for developing the 
     comprehensive housing affordability strategy described in 
     section 105 of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12705) to minimize educational 
     disruption for children and youth who become homeless.
       ``(C) Coordination purpose.--The coordination required 
     under subparagraphs (A) and (B) shall be designed to--
       ``(i) ensure that all homeless children and youth are 
     identified within a reasonable time frame;
       ``(ii) ensure that all homeless children and youth have 
     access to and are in reasonable proximity to available 
     education and related support services; and
       ``(iii) raise the awareness of school personnel and service 
     providers of the effects of short-term stays in a shelter and 
     other challenges associated with homelessness.
       ``(D) Homeless children and youths with disabilities.--For 
     children and youth who are to be assisted both under this 
     title, and under the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.) or section 504 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794), each local 
     educational agency shall coordinate the provision of services 
     under this title with the provision of programs for children 
     with disabilities served by such local educational agency and 
     other involved local educational agencies.
       ``(6) Local educational agency liaison.--
       ``(A) Duties.--Each local educational agency liaison for 
     homeless children and youth, designated under paragraph 
     (1)(J)(ii), shall ensure that--
       ``(i) all homeless children and youths are identified by 
     school personnel and through coordination activities with 
     other entities and agencies;
       ``(ii) homeless children and youth are enrolled in, and 
     have a full and equal opportunity to succeed in, schools of 
     that local educational agency;
       ``(iii) homeless families, children, and youth have access 
     to educational services for which such families, children, 
     and youth are eligible, including services through Head 
     Start, Early Head Start, early intervention, and Even Start 
     programs, and preschool programs;
       ``(iv) homeless families, and homeless children and youth, 
     receive referrals to health care services, dental services, 
     mental health and substance abuse services, housing services, 
     and other appropriate services;
       ``(v) homeless children and youth are certified as eligible 
     for free meals offered under the Richard B. Russell National 
     School

[[Page 11941]]

     Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition 
     Act of 1966 (42 U.S.C. 1771 et seq.), without further 
     application;
       ``(vi) the parents or guardians of homeless children and 
     youth are informed of the educational and related 
     opportunities available to their children, including early 
     learning opportunities, and are provided with meaningful 
     opportunities to participate in the education of their 
     children;
       ``(vii) public notice of the educational rights of homeless 
     children and youth is incorporated into documents related to 
     residency requirements or enrollment, provided upon school 
     enrollment and withdrawal, posted on the local educational 
     agency's website, and disseminated in locations frequented by 
     parents and guardians of homeless children and youth and 
     unaccompanied youth, including schools, shelters, public 
     libraries, and soup kitchens in a manner and form 
     understandable to parents and guardians of homeless children 
     and youth and unaccompanied youth;
       ``(viii) disputes are resolved in accordance with paragraph 
     (3)(E);
       ``(ix) the parent or guardian of a homeless child or youth, 
     or any unaccompanied youth, is fully informed of all 
     transportation services, including transportation to the 
     school of origin, as described in paragraph (1)(J)(iii), and 
     is assisted in accessing transportation to the school that is 
     selected under paragraph (4)(A).
       ``(x) school personnel are adequately prepared to implement 
     this title and receive professional development, resource 
     materials, technical assistance, and other support; and
       ``(xi) unaccompanied youth--

       ``(I) are enrolled in school;
       ``(II) have opportunities to meet the same college and 
     career ready State student academic achievement standards to 
     which other students are held, including through 
     implementation of the policies and practices required by 
     subparagraphs (F)(ii) and (J)(iv) of paragraph (1); and
       ``(III) are informed of their status as independent 
     students under section 480 of the Higher Education Act of 
     1965 (20 U.S.C. 1087vv), including through school counselors 
     that have received professional development about 
     unaccompanied youth, and receive verification of such status 
     for purposes of the Free Application for Federal Student Aid 
     described in section 483 of such Act (20 U.S.C. 1090).

       ``(B) Notice.--State coordinators appointed under 
     subsection (d)(2) and local educational agencies shall inform 
     school personnel, service providers, and advocates working 
     with homeless families and homeless children and youth of the 
     contact information and duties of the local educational 
     agency liaisons, including publishing an annually updated 
     list of the liaisons working in the State on the State 
     educational agency's website.
       ``(C) Local and state coordination.--the local educational 
     agency liaisons shall, as a part of their duties, coordinate 
     and collaborate with State coordinators and community and 
     school personnel responsible for the provision of education 
     and related support services to homeless children and youth. 
     Such coordination shall include collecting and providing to 
     the State Coordinator the reliable, valid, and comprehensive 
     data needed to meet the requirements of paragraphs (1) and 
     (3) of subsection (f).
       ``(D) Professional development.--The local educational 
     agency liaisons shall participate in the professional 
     development and other technical assistance activities 
     provided by the State Coordinator pursuant to subsection 
     (f)(5).
       ``(h) Emergency Disaster Grants.--
       ``(1) In general.--The Secretary shall make emergency 
     disaster grants to eligible local educational agencies and 
     eligible States described in paragraph (2), in order to 
     increase the capacity for such local educational agencies and 
     States to respond to major disasters.
       ``(2) Eligibility; application.--
       ``(A) Eligibility.--
       ``(i) Local educational agency eligibility.--A local 
     educational agency shall be eligible to receive an emergency 
     disaster grant under this subsection, based on demonstrated 
     need, if such local educational agency's enrollment of 
     homeless children and youth has increased as a result of a 
     hurricane, flood, or other natural disaster for which the 
     President declared a major disaster under title IV of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170 et seq.).
       ``(ii) State eligibility.--A State, through the Office of 
     the Coordinator for Education of Homeless Children and Youths 
     in the State educational agency, shall be eligible to receive 
     an emergency disaster grant under this subsection if there 
     are 1 or more eligible local educational agencies, as 
     described in clause (i), located within the State.
       ``(B) Application.--In order for an eligible State or an 
     eligible local educational agency to receive a grant under 
     this subsection, the State educational agency, in 
     consultation with other relevant State agencies, or local 
     educational agency shall submit an application to the 
     Secretary at such time, in such manner, and containing or 
     accompanied by such information as the Secretary may 
     reasonably require.
       ``(3) Distribution of grants.--The Secretary shall 
     distribute emergency disaster grant funds--
       ``(A) based on demonstrated need, to State educational 
     agencies or local educational agencies for local educational 
     agencies whose enrollment of homeless children and youths has 
     increased as a result of a hurricane, flood, or other natural 
     disaster for which the President has declared a major 
     disaster under title IV of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.);
       ``(B) expeditiously, and in no case later than 75 days 
     after such funds are appropriated to the Secretary; and
       ``(C) in a manner that enables local educational agencies 
     to use such funds for the immediate needs of disaster 
     response and ongoing disaster recovery.
       ``(4) Amount of grants.--The Secretary shall distribute 
     grants under this subsection in amounts determined by the 
     Secretary and related to the increase in enrollment of 
     homeless children and youths as a result of such major 
     disaster.
       ``(5) Uses of funds.--A local educational agency or State 
     educational agency that receives an emergency disaster grant 
     under this subsection shall use the grant funds to carry out 
     the activities described in section 723(d).

     ``SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE 
                   EDUCATION OF HOMELESS CHILDREN AND YOUTH.

       ``(a) General Authority.--
       ``(1) In general.--The State educational agency shall, in 
     accordance with section 722(e), and from amounts made 
     available to such agency under section 727, make subgrants to 
     local educational agencies for the purpose of facilitating 
     the identification, enrollment, attendance, and success in 
     school of homeless children and youth.
       ``(2) Services.--
       ``(A) In general.--Services under paragraph (1)--
       ``(i) may be provided through programs on school grounds or 
     at other facilities; and
       ``(ii) shall, to the maximum extent practicable, be 
     provided through existing programs and mechanisms that 
     integrate homeless children and youth with nonhomeless 
     children and youth.
       ``(B) Services on school grounds.--If services under 
     paragraph (1) are provided to homeless children and youth on 
     school grounds, the schools involved may use funds under this 
     subtitle to provide the same services to other children and 
     youth who are determined by the local educational agency 
     serving the school to be at risk of failing in, or dropping 
     out of, school.
       ``(3) Requirement.--Services provided under this section 
     shall not replace the regular academic program and shall be 
     designed to expand upon or improve services provided as part 
     of the school's regular academic program.
       ``(4) Duration of grants.--Subgrants under this section 
     shall be for terms not to exceed 3 years.
       ``(b) Application.--A local educational agency that desires 
     to receive a subgrant under this section shall submit an 
     application to the State educational agency at such time, in 
     such manner, and containing or accompanied by such 
     information as the State educational agency may reasonably 
     require. Such application shall include the following:
       ``(1) An assessment of the educational and related needs of 
     homeless children and youth in the area served by such agency 
     (which may be undertaken as part of a needs assessment for 
     other disadvantaged group).
       ``(2) A description of the services and programs for which 
     assistance is sought to address the needs identified in 
     paragraph (1).
       ``(3) An assurance that the local educational agency's 
     combined fiscal effort per student, or the aggregate 
     expenditures of that agency and the State with respect to the 
     provision of free public education by such agency for the 
     fiscal year preceding the fiscal year for which the subgrant 
     determination is made, was not less than 90 percent of such 
     combined fiscal effort or aggregate expenditures for the 
     second fiscal year preceding the fiscal year for which the 
     determination is made.
       ``(4) An assurance that the applicant complies with, or 
     will use requested funds to comply with, paragraphs (3) 
     through (7) of section 722(g).
       ``(5) A description of policies and procedures that the 
     agency will implement to ensure that activities carried out 
     by the agency will not isolate or stigmatize homeless 
     children and youth.
       ``(6) An assurance that the local educational agency will 
     collect and promptly provide data requested by the State 
     Coordinator pursuant to paragraphs (1) and (3) of section 
     722(f).
       ``(7) An assurance that the local educational agency has 
     removed the policies and practices that have created barriers 
     to the identification, enrollment, attendance, retention, and 
     success in school of all homeless children and youth.
       ``(c) Awards.--
       ``(1) In general.--The State educational agency shall, in 
     accordance with the requirements of this subtitle and from 
     amounts made available to it under section 722(a),

[[Page 11942]]

     make subgrants on a competitive basis to local educational 
     agencies that submit applications under subsection (b). Such 
     subgrants shall be awarded on the basis of the need of such 
     agencies under this subtitle and the quality of the 
     applications submitted.
       ``(2) Need.--
       ``(A) In general.--In determining need under paragraph (1), 
     the State educational agency may consider the number of 
     homeless children and youth enrolled in preschool, elementary 
     schools, and secondary schools within the area served by the 
     local educational agency, and shall consider the needs of 
     such children and youth and the ability of the local 
     educational agency to meet such needs.
       ``(B) Other considerations.--The State educational agency 
     may also consider the following:
       ``(i) The extent to which the proposed use of funds will 
     facilitate the identification, enrollment, retention, and 
     educational success of homeless children and youth.
       ``(ii) The extent to which the application reflects 
     coordination with other local and State agencies that serve 
     homeless children and youth.
       ``(ii) The extent to which the application reflects 
     coordination with other local and State agencies that serve 
     homeless children and youth.
       ``(iii) The extent to which the applicant exhibits in the 
     application and in current practice (as of the date of 
     submission of the application) a commitment to education for 
     all homeless children and youth.
       ``(iv) Such other criteria as the State agency determines 
     to be appropriate.
       ``(3) Quality.--In determining the quality of applications 
     under paragraph (1), the State educational agency shall 
     consider the following:
       ``(A) The applicant's needs assessment under subsection 
     (b)(1) and the likelihood that the program presented in the 
     application will meet such needs.
       ``(B) The types, intensity, and coordination of the 
     services to be provided under the program.
       ``(C) The extent to which the applicant will promote 
     meaningful involvement of parents or guardians of homeless 
     children or youth in the education of their children.
       ``(D) The extent to which homeless children and youths will 
     be integrated into the regular education program involved.
       ``(E) The quality of the applicant's evaluation plan for 
     the program.
       ``(F) The extent to which services provided under this 
     subtitle will be coordinated with other services available to 
     homeless children and youth and their families, including 
     housing and social services and services provided under the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.), title I of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6301 et seq.), and similar State and 
     local programs.
       ``(G) The extent to which the local educational agency will 
     use the subgrant to leverage resources, including by 
     maximizing funding for the position of the liaison described 
     in section 722(g)(1)(J)(ii) and the provision of 
     transportation.
       ``(H) The local educational agency's use of funds to serve 
     homeless children and youth under section 1113(c)(3) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6313(c)(3)).
       ``(I) The extent to which the applicant's program meets 
     such other measures as the State educational agency considers 
     to be indicative of a high-quality program, including the 
     extent to which the local educational agency will provide 
     services to unaccompanied youth and preschool-aged children.
       ``(J) The extent to which the application describes how the 
     applicant will meet the requirements of section 722(g)(4).
       ``(d) Authorized Activities.--A local educational agency 
     may use funds awarded under this section for activities that 
     carry out the purpose of this subtitle, including the 
     following:
       ``(1) The provision of tutoring, supplemental instruction, 
     and enriched educational services that are linked to the 
     achievement of the same college and career ready State 
     academic content standards and college and career ready State 
     student academic achievement standards the State establishes 
     for other children and youths.
       ``(2) The provision of expedited evaluations of the 
     strengths, needs, and eligibility of homeless children and 
     youth, including needs and eligibility for programs and 
     services (including educational programs for gifted and 
     talented students, children with disabilities, and students 
     with limited English proficiency, charter school programs, 
     magnet school programs, programs in career and technical 
     education, and school nutrition programs).
       ``(3) Professional development and other activities for 
     educators and specialized instructional support personnel 
     that are designed to heighten the understanding and 
     sensitivity of such educators and personnel to the needs of 
     homeless children and youth, the rights of such children and 
     youth under this subtitle, and the specific educational needs 
     of runaway and homeless youth.
       ``(4) The provision of referral services to homeless 
     children and youths for medical, dental, mental, and other 
     health services.
       ``(5) The provision of assistance to defray the excess cost 
     of transportation under paragraphs (1)(J)(iii) and (5)(A) of 
     section 722(g) not otherwise provided through Federal, State, 
     or local funding.
       ``(6) The provision of developmentally appropriate early 
     childhood education programs, not otherwise provided through 
     Federal, State, or local funding.
       ``(7) The provision of services and assistance to attract, 
     engage, and retain homeless children and youth, particularly 
     homeless children and youth who are not enrolled in school, 
     in public school programs and services provided to 
     nonhomeless children and youths.
       ``(8) The provision for homeless children and youths of 
     before- and after-school, mentoring, and summer programs in 
     which a teacher or other qualified individual provides 
     tutoring, homework assistance, and supervision of educational 
     activities.
       ``(9) If necessary, the payment of fees and other costs 
     associated with tracking, obtaining, and transferring records 
     necessary to facilitate the appropriate placement of homeless 
     children and youths in school, including birth certificates, 
     immunization or medical records, academic records, 
     guardianship records, and evaluations for special programs or 
     services.
       ``(10) The provision of education and training to the 
     parents of homeless children and youths about the rights of, 
     and resources available to, such children and youth, and 
     other activities designed to increase the meaningful 
     involvement of families of homeless children or youth in the 
     education of their children.
       ``(11) The development of coordination of activities 
     between schools and agencies providing services to homeless 
     children and youths, as described in section 722(g)(6).
       ``(12) The provision of pupil services (including 
     counseling) and referrals for such services.
       ``(13) Activities to address the particular needs of 
     homeless children and youth that may arise from domestic 
     violence and parental mental health or substance abuse 
     problems.
       ``(14) The adaptation of space and purchase of supplies for 
     any nonschool facilities made available under subsection 
     (a)(2) to provide services under this subsection.
       ``(15) The provision of school supplies, including those 
     supplies to be distributed at shelters or temporary housing 
     facilities, or other appropriate locations.
       ``(16) The provision of assistance to defray the cost of 
     the position of liaison designated pursuant to section 
     722(g)(1)(J)(ii), not otherwise provided through Federal, 
     State, or local funding.
       ``(17) The provision of other extraordinary or emergency 
     assistance needed to enable homeless children and youth to 
     enroll, attend, and succeed in school, including in early 
     childhood education programs.

     ``SEC. 724. SECRETARIAL RESPONSIBILITIES.

       ``(a) Review of State Plans.--In reviewing the State plan 
     submitted by a State educational agency under section 722(g), 
     the Secretary shall use a peer review process and shall 
     evaluate whether State laws, policies, and practices 
     described in such plan adequately address the problems of all 
     homeless children and youth relating to access to education 
     and placement as described in such plan.
       ``(b) Technical Assistance.--The Secretary shall--
       ``(1) provide support and technical assistance to a State 
     educational agencies to assist such agencies in carrying out 
     their responsibilities under this subtitle; and
       ``(2) establish or designate a Federal Office of the 
     Coordinator for Education of Homeless Children and Youths 
     that has sufficient capacity, resources, and support to carry 
     out the responsibilities described in this subtitle.
       ``(c) Notice.--
       ``(1) In general.--The Secretary shall, before the next 
     school year that begins after the date of enactment of the 
     Student Success Act, develop and disseminate a public notice 
     of the educational rights of homeless children and youth. The 
     notice shall include information regarding the definition of 
     homeless children and youth in section 726.
       ``(2) Dissemination.--The Secretary shall disseminate the 
     notice nationally. The Secretary also shall disseminate such 
     notice to heads of other Department of Education offices, 
     including those responsible for special education programs, 
     higher education, and programs under parts A, B, C, D, G, and 
     H of title I, title III, title IV, and part B of title V of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311 et seq., 6361 et seq., 6391 et seq., 6421 et seq., 6531 
     et seq., 6551 et seq., 6801 et seq., 7102 et seq., and 7221 
     et seq.). The Secretary shall also disseminate such notice to 
     heads of other Federal agencies, and grant recipients and 
     other entities carrying out federally funded programs, 
     including Head Start programs, grant recipients under the 
     Health Care for the Homeless program of the Health Resources 
     and Services Administration of the Department of Health and 
     Human Services, grant recipients under the Emergency Food and 
     Shelter National Board Program of the Federal Emergency 
     Management Agency, grant recipients under the Runaway and 
     Homeless Youth Act (42 U.S.C. 5701 et seq.), grant recipients 
     under the John H. Chafee Foster

[[Page 11943]]

     Care Independence program, grant recipients under homeless 
     assistance programs administered by the Department of Housing 
     and Urban Development, and recipients of Federal funding for 
     programs carried out by the Administration on Children, Youth 
     and Families of the Department of Health and Human Services.
       ``(d) Evaluation and Dissemination.--The Secretary shall 
     conduct evaluation, dissemination, and technical assistance 
     activities of programs designed to meet the educational needs 
     of homeless preschool, elementary school, and secondary 
     school students, and may use funds appropriated under section 
     727 to conduct such activities.
       ``(e) Submission and Distribution.--The Secretary shall 
     require applications for grants under section 722 to be 
     submitted to the Secretary not later than the expiration of 
     the 120-day period beginning on the date that funds are 
     available for purposes of making such grants and shall make 
     such grants not later than the expiration of the 180-day 
     period beginning on such date.
       ``(f) Determination by Secretary.--The Secretary, based on 
     the information received from the States and information 
     gathered by the Secretary under subsection (h), shall 
     determine the extent to which State educational agencies are 
     ensuring that each homeless child and homeless youth has 
     access to a free appropriate public education, as described 
     in section 721(1). The Secretary shall provide support and 
     technical assistance to State educational agencies in areas 
     in which barriers to a free appropriate public education 
     persist.
       ``(g) Publication.--The Secretary shall develop, issue, and 
     publish in the Federal Register, not later than 90 days after 
     the date of enactment of the Student Success Act, a summary 
     of the changes enacted by that Act and related strategies, 
     which summary shall include--
       ``(1) strategies by which a State can assist local 
     educational agencies to implement the provisions amended by 
     the Act;
       ``(2) strategies by which a State can review and revise 
     State policies and procedures that may present barriers to 
     the identification, enrollment, attendance, and success of 
     homeless children and youth in school; and
       ``(3) strategies by which entities carrying out preschool 
     programs can implement requirements of section 722(g)(3).
       ``(h) Information.--
       ``(1) In general.--From funds appropriated under section 
     727, the Secretary shall, directly or through grants, 
     contracts, or cooperative agreements, periodically, but not 
     less frequently than every two years, collect and disseminate 
     publicly data and information regarding--
       ``(A) the number and location of homeless children and 
     youth;
       ``(B) the education and related support services such 
     children and youth receive;
       ``(C) the extent to which the needs of homeless children 
     and youth are being met;
       ``(D) the academic progress being made by homeless children 
     and youth, including the percent or number of homeless 
     children and youth participating in State assessments; and
       ``(E) such other data and information as the Secretary 
     determines to be necessary and relevant to carry out this 
     subtitle.
       ``(2) Coordination.--The Secretary shall coordinate such 
     collection and dissemination with other agencies and entities 
     that receive assistance and administer programs under this 
     subtitle.
       ``(i) Report.--Not later than 4 years after the date of 
     enactment of the Student Success Act, the Secretary shall 
     prepare and submit to the President and the Committee on 
     Education and the Workforce of the House of Representatives 
     and the Committee on Health, Education, Labor, and Pensions 
     of the Senate a report on the status of education of homeless 
     children and youths, which shall include information on--
       ``(1) the education of homeless children and youth; and
       ``(2) the actions of the Secretary and the effectiveness of 
     the programs supported under this subtitle.

     ``SEC. 725. RULE OF CONSTRUCTION.

       ``Nothing in this subtitle shall be construed to diminish 
     the rights of parents or guardians of homeless children or 
     youth, or unaccompanied youth, otherwise provided under State 
     law, policy, or practice, including laws or policies that 
     authorize the best interest determination in section 
     722(g)(3) to be made solely by the parent, guardian, or youth 
     involved.

     ``SEC. 726. DEFINITIONS.

       ``In this subtitle:
       ``(1) Enroll; enrollment.--The terms `enroll' and 
     `enrollment' include attending classes and participating 
     fully in school activities.
       ``(2) Homeless children and youth.--The term `homeless 
     children and youth'--
       ``(A) means individuals who lack a fixed, regular, and 
     adequate nighttime residence (within the meaning of section 
     103(a)(1)); and
       ``(B) includes--
       ``(i) children and youth who--

       ``(I) are sharing the housing of other persons due to loss 
     of housing, economic hardship, or a similar reason;
       ``(II) are living in motels, hotels, trailer parks, or 
     camping grounds due to the lack of alternative adequate 
     accommodations;
       ``(III) are living in emergency or transitional shelters;
       ``(IV) are awaiting foster care placement; and
       ``(V) are abandoned in hospitals;

       ``(ii) children and youth who have a primary nighttime 
     residence that is a public or private place not designed for 
     or ordinarily used as a regular sleeping accommodation for 
     human beings (within the meaning of section 103(a)(2)(C));
       ``(iii) children and youth who are living in cars, parks, 
     public spaces, abandoned buildings, substandard housing, bus 
     or train stations, or similar settings; and
       ``(iv) migratory children (as such term is defined in 
     section 1312 of the Elementary and Secondary Education Act of 
     1965) who qualify as homeless for the purposes of this 
     subtitle because the children are living in circumstances 
     described in clauses (i) through (iii).
       ``(3) Local educational agency; state educational agency.--
     The terms `local educational agency' and `State educational 
     agency' have the meanings given such terms in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Education.
       ``(5) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       ``(6) Unaccompanied youth.--The term `unaccompanied youth' 
     means a homeless child or youth not in the physical custody 
     of a parent or legal guardian.

     ``SEC. 727. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--For the purpose of carrying out this 
     subtitle, other than section 725, there are authorized to be 
     appropriated to the Secretary $100,000,000 for fiscal year 
     2014 and such sums as may be necessary for each of fiscal 
     years 2015 through 2020.
       ``(b) Emergency Disaster Grants.--In addition to sums 
     authorized under subsection (a), there are authorized to be 
     appropriated to the Secretary to carry out subsection (h) 
     such additional sums as may be necessary.''.

  The Acting CHAIR. Pursuant to House Resolution 303, the gentleman 
from California (Mr. George Miller) and a Member opposed each will 
control 10 minutes.
  The Chair recognizes the gentleman from California.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself 5 
minutes.
  Mr. Chairman, this debate highlights some of the stark choices about 
the direction of our education system. The Republican bill sends us 
backwards, letting students down at a critical time. This substitute 
amendment I'm offering will move the Nation forward.
  Every day, schools are making great strides to take our education 
system into the 21st century. They are raising standards, trying new 
ways to boost learning, improving the skills of teachers and 
principals.
  Mr. Chairman, we, in Congress, should be a partner in these efforts, 
providing resources and the support to help them move forward--not 
gutting funding and walking away from our responsibility to help, as 
the Republican bill does.
  Despite some good things in current law, No Child Left Behind's one-
size-fits-all approach has hampered progress. It's time to revise the 
law, building on what we have learned over the past decade, spreading 
best practices to all schools, not just to some.
  The Democratic approach does this. It maintains our bedrock civil 
rights responsibility. My amendment would help ensure that all students 
have access to a world-class education, regardless of their background 
or ZIP code, and that teachers, principals, and schools have supports 
and resources to provide that education.
  Unlike the Republican bill, the Democratic amendment improves current 
law in several ways:
  We call upon States to set high expectations for students, ensuring 
every child graduates prepared for college or for a career;
  We eliminate the one-size-fits-all approach of accountability called 
AYP, but we still call on schools to improve the student learning and 
graduation rates each year;
  We give districts and schools the flexibility to determine how to 
improve learning and graduation rates;
  We ensure teachers and principals get timely and useful feedback so 
that they can improve their skills;
  We also ensure educators have good working conditions and positive 
supports to help them do their jobs even better than they do now;
  We provide robust funding for literacy, for STEM, for technology and

[[Page 11944]]

other subjects like art and music to ensure that all students have a 
well-rounded education; and
  We provide resources and supports to ensure that students are safe, 
healthy, and free from bullying in schools so that they can focus on 
learning.
  The Republican bill does not come close to meeting any of these 
goals. In their effort to eliminate Federal involvement in education:
  They let students down;
  They fail to ensure students improve their learning or graduate from 
high school;
  They fail to ensure that students with disabilities are taught to the 
same high standards as other students;
  They fail to provide adequate funding and resources for students and 
schools;
  They fail to move beyond the narrow focus of reading and math and to 
ensure that all students get a well-rounded education.
  If we can't pass a better bipartisan bill, No Child Left Behind will 
remain the law of the land, and this is unacceptable. It's unacceptable 
to the scores of organizations who oppose H.R. 5, from business to 
labor to civil rights to disability advocates to education 
organizations, and that's why so many groups support this substitute 
amendment.
  This fight is about equity. It's about every child in our country 
getting an education they deserve, regardless of poverty, disability, 
or other challenges.
  I urge my Democratic and Republican colleagues to support this 
Democratic substitute so that the students and their families have the 
education system they need to prepare for the future.
  I reserve the balance of my time.
  Mr. KLINE. Mr. Chairman, I rise to claim time in opposition to the 
amendment.
  The Acting CHAIR. The gentleman from Minnesota is recognized for 10 
minutes.
  Mr. KLINE. Mr. Chairman, I yield myself such time as I may consume.
  When No Child Left Behind was signed into law more than a decade ago, 
it was heralded as groundbreaking, and certainly in many ways it was. 
The expanded use of data helped superintendents, principals, and 
teachers pay more attention to the students with the greatest need. 
Parents now have more access to important information about the quality 
of teachers and schools, and some student achievement gaps have 
narrowed.
  However, hindsight is 20/20, and we can now clearly identify the 
law's weaknesses:
  The Adequate Yearly Progress accountability metric is a one-size-
fits-all mandate that fails to provide schools any meaningful 
information about their performance;
  The law's Highly Qualified Teacher requirements value credentials 
over an educator's ability to motivate students in the classroom;
  Strict mandates and funding restrictions stunt the development of 
innovative local education programs.
  The Student Success Act will correct the mistakes of the past and 
provide States and school districts the flexibility they need to put 
more children on the path to a brighter future.
  Flexibility, Mr. Chairman, I might say, has been begged for, 
demanded, year after year since this law passed. Superintendent after 
superintendent and principal after principal has said to me: I don't 
need money here, but I've got it. I need the money over here, and I 
can't spend it. If I just had more flexibility, we could take care of 
making sure that all these kids get the education that they deserve.
  The substitute offered by my colleagues on the other side of the 
aisle simply continues the same failed policies we're seeking to 
correct and encourages greater Federal intrusion in classrooms. No 
matter what you call it, AYP, or any other rigid Federal accountability 
system is still the wrong approach. Replacing the existing law's 100 
percent proficiency target with a menu of equally unrealistic goals is 
not the answer.

                              {time}  1000

  Enshrining the unprecedented control over schools assumed by the 
Obama administration, rather than supporting the innovation occurring 
at the State and local level, is not the answer.
  This substitute also fails to meaningfully consolidate programs or 
give States and school districts greater freedom to use Federal funds. 
It includes outrageous and unrealistic authorization levels that 
Congress and the administration will never come close to meeting. I 
welcome meaningful contributions from my colleagues across the aisle. 
But a substitute that doubles down on the status quo is not what 
students, parents, or educators deserve.
  I urge my colleagues to oppose the amendment and support the 
underlying bill that will empower the Nation's parents, teachers, 
principals, and school administrators to deliver the educational system 
our students need, and I reserve the balance of my time.
  Mr. GEORGE MILLER of California. I yield 1\1/2\ minutes to the 
gentleman from New Jersey (Mr. Holt).
  Mr. HOLT. Mr. Chairman, I rise in support of Mr. Miller's substitute 
and in opposition to the underlying bill.
  We must never forget that the Elementary and Secondary Education Act 
is rooted in the civil rights movement. Since 1965, the role of Federal 
involvement in the schools has been to eliminate inequality in 
education, not just provide additional funds for schools to use as they 
please.
  This bill is not a thoughtful response to the concerns of parents, 
students, teachers, and school officials. It takes several steps 
backwards. It reduces our investment in education. It would lock in the 
sequester spending cuts. It treats professional development as an 
afterthought. It would eliminate Federal investment in science and math 
education. Yes, the Republican bill does mention science, but the 
proposal does nothing to tie high accountability measures to science 
assessments.
  A real proposal would not foster an expectation that a lack of 
improvement is acceptable; a real proposal would have wraparound 
services; a real proposal would not abandon students with disabilities; 
a real proposal would not consider professional development as a mere 
afterthought. We should be considering a proposal that recognizes that 
Federal investment and high standards in science and other areas, as 
well as literacy and foreign language development, are critical 
components to the high-quality education that every student deserves.
  I rise in opposition to H.R. 5.
  We must never forget that ESEA is rooted in the Civil Rights 
movement. Since 1965, the role of federal involvement in schools has 
been to close the skills gap and eliminate inequality in education, not 
just provide additional funds for schools to use as they please.
  I agree with the basic principles of ESEA, but I believe that the law 
needs reforming. While No Child Left Behind was presented as the means 
to close the achievement gap between students in good schools and those 
in underperforming schools, it has not done that.
  Unfortunately, the bill presented by the majority is deeply 
inadequate. It falls short of setting standards and support for the 
high quality education our students deserve. This bill was not a 
thoughtful response to the concerns of parents, students, teachers and 
school officials.
  In fact, this bill takes several steps backwards. First, it reduces 
our investment in education. The underlying bill proposes to eliminate 
all Maintenance of Effort requirements, which would allow states and 
school districts to set their own funding levels and begin a race to 
the bottom. Furthermore, it would lock in the sequester spending cuts. 
I have yet to meet with any educator or parent who approves of the 
current sequester cuts to education.
  Additionally, this bill treats Professional Development as an 
afterthought. Helping our teachers hone their schools and develop deep 
knowledge in their subject areas is critical to our students making 
progress in the classroom. Yet, the underlying bill does nothing to 
provide for a real investment in the professional development of 
teachers. Instead, it requires states and school districts to develop 
personnel policy through teacher evaluations that are inherently 
incomplete.
  Furthermore, this bill would dismantle federal investment in STEM 
Education. While this Republicans bill does not mention Science, the 
proposal does nothing to tie high accountability measures to science 
assessments. Furthermore, the underlying bill would eliminate

[[Page 11945]]

the largest and most successful STEM education program, the Math and 
Science Partnership. This proposal does not include any support for the 
recruitment and training of STEM teachers.
  Passing this bill would mean abdicating our civil rights 
responsibilities to ensure that all children have access to a quality 
education.
  Rather than voting on this deeply partisan bill, we should be 
considering a reauthorization proposal that fixes the problems that we 
know exist. A real proposal would not foster an expectation that lack 
of improvement is acceptable; a real proposal would not abandon 
students with disabilities; or a real proposal would not consider 
professional development a mere afterthought.
  Instead, we should be considering a proposal that recognizes that 
federal investment and high standards in science and STEM fields, as 
well as literacy, and foreign language development are critical 
components to the high quality education that every student deserves.
  Mr. KLINE. I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Can I inquire how much time I have 
remaining?
  The Acting CHAIR. The gentleman from California (Mr. George Miller) 
has 5 minutes remaining. The gentleman from Minnesota (Mr. Kline) has 
7\1/4\ minutes remaining.
  Mr. GEORGE MILLER of California. I yield 1 minute to the gentleman 
from Colorado (Mr. Polis).
  Mr. POLIS. Mr. Chairman, I want to respond briefly to some of 
Chairman Kline's introduction. I think both sides can agree that there 
are flaws in No Child Left Behind. AYP is a flawed formula. Personally, 
I think the answer reflected in the Democratic substitute is to get 
accountability right, not take a step back from accountability.
  The chairman mentioned that ``now we have more information about the 
quality of teachers and schools'' thanks to No Child Left Behind. And 
to his credit, in the initial draft bill, we replaced after 3 years the 
teacher evaluation system. However, unfortunately, that was amended on 
the floor with the Scalise-Bishop amendment.
  So I think one thing we can be assured of in the underlying bill is 
it will lead to less information about the quality of teachers and any 
assurances that our Federal funds are going to fund teachers that have 
any kind of qualification or in fact are effective.
  The Democratic substitute takes into account student growth, 
proficiency rates, graduation rates, and designs targeted interventions 
to help turn around our lowest-performing schools. Whereas H.R. 5 guts 
education funding, the Democratic substitute provides funding for 
critical programs like STEM, school turnaround grants, safe and healthy 
students.
  This amendment would help invest in our Nation's teachers' quality. I 
strongly support the Democratic substitute and call on my colleagues to 
make sure we move forward in education reform to help serve all kids in 
our great country.
  Mr. KLINE. Mr. Chairman, I continue to reserve the balance of my 
time.
  Mr. GEORGE MILLER of California. I yield 30 seconds to the gentleman 
from Illinois (Mr. Schneider).
  Mr. SCHNEIDER. Mr. Chairman, the Republican bill, unfortunately, 
represents a missed opportunity. Everyone agrees that NCLB has flaws 
and needs to be updated and improved. It is disheartening that instead 
of working together on an actual reauthorization, we are once again 
debating a divisive, partisan bill that only incorporates one ideology.
  There is nothing more important to our Nation than educating our 
children. The most crucial element for ensuring our children's success 
is supporting our children's teachers. Teachers do an incredibly 
important and remarkably challenging job. The vast majority are 
excellent and their good work is overlooked far too frequently. 
Education at the elementary and secondary level is critical to the 
development of 21st century American jobs and global competitiveness. 
We need to get to work on a true bipartisan ESEA reauthorization.
  Mr. KLINE. Mr. Chairman, I yield 5 minutes to the chairman of the 
Subcommittee on Early Childhood, Elementary, and Secondary Education, 
the gentleman from Indiana (Mr. Rokita).
  Mr. ROKITA. I thank the chairman of Education and Workforce for 
yielding me time.
  Well, here we are again, with perhaps the culmination of this debate 
that started yesterday afternoon here on the floor and what's been 
going on in committee now for several weeks and in this Nation for 12 
years.
  Mr. Chairman, it's been 12 years since we've been on the floor 
debating these issues. I'm encouraged by that fact alone--that some of 
us had the leadership, responsibility, and the courage to bring some of 
these issues to the floor for the betterment of our teachers, our 
parents, and most of all, our students.
  I rise now in strong opposition to the substitute amendment offered 
by my colleague from California. I oppose this amendment for a number 
of reasons. It's more of the same ``Washington knows best'' that's 
brought us here today. It turns out, as we hear from parents in our 
districts, Washington doesn't know best. A bureaucrat sitting in an 
office in Washington, by definition, Mr. Chairman, doesn't know our 
children and can't possibly know what is best for a student in Indiana 
or anywhere else in this Nation.
  Who do you believe, Mr. Chairman, knows a child best? Is it the 
bureaucrats in this 10- or 11-story rectangle-like building known as 
the Lyndon B. Johnson Department of Education? Or is it this mother or 
this father who knows their child? Who do you trust, Mr. Chairman, with 
your children? Do you trust the bureaucrats in this building a thousand 
miles away from where you live or do you trust you and your wife? Who 
do the parents of America trust more to educate their children? Their 
local teacher or these bureaucrats?
  Throughout the amendment and debate process for the Student Success 
Act and the remarks offered now in support of this amendment, we've 
heard time and time again how the Student Success Act is an attack on 
children, teachers, and all other sorts of demagoguery and doom and 
gloom. Don't believe it. Because if you listen closely and certainly if 
you read the plain meaning of the text of this amendment and everything 
else that's been written and said about these reforms that we're going 
to make here on the House floor today, you would find that at the very 
essence of all of them we find that the other side and those that talk 
against the Student Success Act inherently trust these bureaucrats more 
than parents or teachers. They continuously say, We know best. We are 
smarter than those of us who raise our own children.
  The truth of the matter is that this amendment offered by my 
colleague is the real attack on children, parents, and teachers. It 
attacks teachers by holding them to Washington-based standards, not 
local ones, when we know in fact that every school is different. It 
attacks parents by robbing them of the hopes and dreams that they have 
for their children and takes away so many decisions that these parents 
can make to guide their children's future. They know best. Worst of 
all, this is an attack on children. Washington-based education policy 
attacks children by endangering their chance at success and a brighter 
future by hamstringing them with teaching to test results as opposed to 
teaching to success in life.
  The Student Success Act ensures parents can be in direct contact with 
those who are setting education policy for their children and their 
teachers and holds them accountable.
  There's a reason why this bill has received so much support from 
groups like the American Association of School Administrators, the 
Council of Chief State School Officers, the National School Boards 
Association, and the School Superintendents Association. They all 
support this bill. The Student Success Act will give States and schools 
the flexibility and incentive to administer their policies effectively. 
The Student Success Act encourages teachers to be innovative while also 
responsibly measuring success.

[[Page 11946]]

  It's been said here just recently and time and time again that tenure 
and credentialism should be what we measure teachers against. I say no. 
It doesn't matter how long, Mr. Chairman, a teacher has taught or how 
many classes they've taken. What matters is how well their kids are 
learning, what their success is. And that's what the Student Success 
Act does. It will give parents the authority and choice that they 
deserve as they make decisions about their child's future, and it will 
give the students themselves the best opportunity to succeed. That's 
the best thing we can do here on the floor of the House today.
  Mr. GEORGE MILLER of California. I yield 30 seconds to the gentleman 
from Illinois (Mr. Foster).
  Mr. FOSTER. Mr. Chairman, I rise today to speak against H.R. 5 and 
its impacts on STEM education.
  As a physicist and someone who started a business in my parents' 
basement that manufactures over half the theater lighting equipment in 
the United States and provides hundreds of jobs in the Midwest, I know 
firsthand the importance of STEM education and driving our Nation's 
innovation and competitiveness by generating new ideas, new companies, 
and new industries.
  The impact of this underlying bill would be devastating to STEM 
education. Under H.R. 5, funding for STEM programs would be combined 
into a single block grant with 70 other education programs, with no 
requirements for a school district to actually spend any funding on 
STEM education.
  I encourage a ``yes'' vote on the Miller substitute.
  Over the past 10 years, the number of STEM jobs has grown three times 
faster than non-STEM jobs.
  What's more, out of 34 industrialized countries, the U.S. ranks 17th 
in science education and 25th in math education.
  It is clear we should do more to improve STEM education and encourage 
students to pursue careers in the STEM fields.
  Unfortunately, this Republican bill does just the opposite.
  H.R. 5 would place all dedicated funding streams for STEM education 
into a block grant with no requirement that those funds actually be 
used for STEM education.
  In addition, the Republican bill provides no support for the 
recruitment and training of teachers in the STEM fields, despite the 
fact that research has shown that the single largest factor in student 
success is a well-trained and high quality teacher.
  The Miller amendment recognizes the enormous need for STEM education 
in this country and creates a comprehensive program for STEM education.
  Under the Miller substitute, schools would have the requisite funding 
to develop STEM programs, curriculum, assessments, or professional 
development for teachers.
  This amendment also addresses the skills gap in our current education 
system by requiring grant applicants to incorporate their state's STEM 
workforce needs into their programs.
  This provision mirrors a component of the 21st Century STEM 
Competitive Jobs Act, which I've introduced with my friend Joe 
Courtney, a member of the Education and Workforce Committee.
  This legislation was inspired by the Illinois Pathways to Prosperity 
Initiative, a program underway in my home state of Illinois that has 
greatly benefitted one of the cities in my district, Aurora, Illinois.
  In Aurora, elementary educators, local employers, and institutions of 
higher education have come together to determine how to develop STEM 
courses that combine rigorous academics with strong technical education 
to equip students with the skills and credentials to succeed in STEM 
careers.
  Like the Miller substitute, my legislation would create a competitive 
grant program for school districts that work with employers and an 
institution of higher education to further STEM education and encourage 
students to pursue careers in the STEM fields.
  It provides students with workplace experience and college credit 
that will improve their ability to compete in the workplace while 
encouraging them to continue their education.
  This type of program is already being successfully implemented at 
school districts in Illinois and across the nation.
  If America hopes to maintain its position as the global leader in 
scientific and technological innovation, we must heed the call of our 
nation's business leaders and employers and provide our schools with 
the resources needed to improve our STEM education system.
  Mr. KLINE. Mr. Chairman, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, if I might inquire as 
to the time remaining.
  The Acting CHAIR. The gentleman from California (Mr. George Miller) 
has 3 minutes remaining. The gentleman from Minnesota (Mr. Kline) has 
2\1/4\ minutes remaining.
  Mr. GEORGE MILLER of California. I yield myself the balance of my 
time.
  Mr. Chairman, Members of the House, this substitute that I have 
introduced on behalf of the Democrats creates a fundamental choice for 
this body in our vote later today. It creates a fundamental choice of 
whether or not this Nation is going to go forward and provide a high-
quality education to every student or whether this Nation is going to 
go back to a time when students are left out of this system, when 
resources weren't provided, when schools weren't keeping up.
  It's also a question of whether or not we're going to break a promise 
and go back on our constitutional responsibility to make sure that all 
students have access to that education--poor students, minority 
students, English-learning students, students with disabilities.
  Are we going to hold school districts and schools accountable for 
providing that educational opportunity for those students, and will 
those students have the same access to a high-quality education that in 
many instances is available across town, in the next neighborhood, but 
not in their neighborhood or isn't accessible because it's not friendly 
or welcoming to students with disabilities or students who are learning 
the English language? Will they have the same rights to that education?
  We know from this economy and this economic downturn that we need 
every one of those students to be able to be productive, successful, 
and achieving. But that's not what the Republican bill promises. It 
grinds down the funding available to these school districts for poor 
and minority children and for students with disabilities. It grinds it 
down because it marks it down to the sequestration label. So quietly 
and silently, school districts all over the Nation are going to be 
losing the resources for these poor children.
  We're stealing money from the poorest people in this country to 
achieve deficit reduction, but tax reform maybe next year, the year 
after, or the year after. Economic justice sometime later down the 
road.
  Today, this is about education justice and whether or not every 
student and every family is going to have access to a high-quality 
education that no longer depends on their Zip Code or the neighborhood 
or the town in which they live.

                              {time}  1015

  You know, it's been said very often from the other side that somehow 
all we want is a Washington-knows-best solution and what they offer is 
something opposite of that. No, what we've put together in this 
substitute is different than Washington knows best. This is about 
parents who know best, parents who demand the accountability that is in 
the substitute and not in the Republican bill. Because they want to 
know if their child is learning in that school--their child who may be 
poor, their child who may have disabilities, their child who may have 
learning problems. They want to know if their child is learning.
  This is parents who want to know best, teachers who want to know 
best, who want the resources so they can teach those children; the 
business community that wants a well-trained workforce----
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. GEORGE MILLER of California. An educated workforce. That's why 
the Business Roundtable, that's why the Chamber of Commerce opposes 
their bill.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. GEORGE MILLER of California. Educators who want a strong system, 
that's why they oppose their bill.
  The Acting CHAIR. The time of the gentleman has expired.

[[Page 11947]]


  Mr. GEORGE MILLER of California. Parents who want it, that's why they 
oppose their bill.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. GEORGE MILLER of California. No. Who's running out of time?
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. GEORGE MILLER of California. Children are running out of time in 
this Nation.
  The Acting CHAIR. The gentleman will suspend.
  Mr. GEORGE MILLER of California. Children are running out of time in 
this Nation because they're grinding down and streaming their money.
  The Acting CHAIR. The gentleman will suspend. The gentleman is not 
recognized.
  Mr. GEORGE MILLER of California. * * *
  The Acting CHAIR. The gentleman will suspend and is not recognized.
  Mr. GEORGE MILLER of California. * * *
  The Acting CHAIR. The gentleman will suspend.
  Mr. GEORGE MILLER of California. * * *
  The Acting CHAIR. The gentleman will suspend.
  Mr. GEORGE MILLER of California. * * *
  The Acting CHAIR. The gentleman will suspend and is not recognized.
  Mr. KLINE. Mr. Chairman, we apparently agree on both sides of the 
aisle that parents should be making decisions; parents should be in 
charge; parents need information.
  We believe in the underlying bill that we are giving parents the 
information they need, the control they need, the choices they need, 
giving their children the best chance to succeed.
  I think we agree on both sides of the aisle that the status quo is 
not working. In fact, the administration is engaged in instituting its 
own education policy through its conditional waiver scheme. It's moved 
so far down the line, Mr. Chairman, that they've even offered waivers 
to the waivers. And yet it's been 12 years since this body, or the 
Senate, or the United States Congress has passed an education law--12 
years.
  It is time for the Congress, the House, and the Senate to step up and 
do its job and write new law and get the administration out of the 
business of writing education policy.
  I would hope that Republicans and Democrats would recognize that it 
is not the role of the administration, of the Department of Education, 
of the Secretary, or the President to write education policy--
Republican or Democrat in the White House. It's our job to do it. It's 
time to do it.
  I don't believe the substitute amendment is the right thing, and I 
oppose it. I'm asking my colleagues to oppose it. I believe the 
underlying bill moves us in the right direction and gives children a 
better opportunity. So I'm going to encourage my colleagues to oppose 
the substitute amendment, despite the passion that surrounds it, and 
support the underlying bill.
  Mr. Chairman, I yield back the balance of my time.
  Mr. BENTIVOLIO. Mr. Chair, unfortunately, our country still has huge 
disparities in the quality of education, my own state included. We need 
to empower students and parents with the ability to leave failing 
schools.
  While it is important to ensure all our public schools are high 
quality, it is immoral for us to tell parents and their children that 
they must attend a specific school simply because of where they live. 
This amendment empowers parents, the states, and students to offer 
solutions to improving our schools. Allow Title 1 to do what it was 
intended to do: improve the conditions of at risk children. I strongly 
support this amendment.
  Mr. SABLAN. Mr. Chair, education is the most important tool we have 
to encourage economic development. This is true for our country and it 
is especially true for my district, the Northern Mariana Islands.
   If we give our young people a fine education, they will use that 
education to improve their communities--both economically and by being 
responsible citizens.
   That's why I want to make sure that students in the Northern Mariana 
Islands get the same support from our federal government that students 
in every other part of America receive.
   Unfortunately, the current Elementary and Secondary Education Act 
does not provide parity in federal support for my students.
   Title I-A, specifically, by setting aside just one percent of total 
funding to be shared by the Bureau of Indian Education and the 
``outlying areas'' of American Samoa, Guam, the Virgin Islands, and the 
Northern Mariana Islands effectively short-changes the students I 
represent.
   Just as Title I students everywhere in America, my students come 
from families that do not have a lot of money for books and basic 
supplies and educational experiences. That's why Title I exists: to 
help make up the difference for students unlucky enough to be born to 
parents who don't have much money.
   But the one percent set-aside in current law--of which only about 
one-quarter goes to the outlying areas--is not making up that 
difference.
   For that reason, I support the Democratic alternative to H.R. 5.
   The Democratic alternative, Mr. Miller's substitute amendment, 
acknowledges that a disparity exists. And it offers a solution.
   The amendment would reserve one-half of one percent for the outlying 
areas, exclusively, effectively doubling the current set-aside. 
Northern Marianas students will still not be getting the same level of 
federal assistance they would if they lived in a State. Nevertheless, 
this would be a significant improvement.
   To ensure that this increase for the outlying areas will not mean a 
decrease for States, the enhanced set-aside funding is only triggered 
when, and if, there is an overall increase in Title I funding.
   So, this is only a partial solution and is contingent upon a set of 
circumstances that at the moment seems unlikely to happen.
   But the Democratic alternative does recognize that we have to do 
something to get us closer to the ideal of equal opportunity for all of 
our students. For that reason I support the proposal and I thank Mr. 
Miller for making it part of his Democratic alternative.
   I urge my colleagues to support the substitute amendment.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. George Miller).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. GEORGE MILLER of California. Mr. Chairman, I demand a recorded 
vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
will be postponed.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in House Report 113-158 on 
which further proceedings were postponed, in the following order:
  Amendment No. 22 by Mr. Culberson of Texas.
  Amendment No. 24 by Ms. Jackson Lee of Texas.
  Amendment No. 26 by Mr. George Miller of California.
  The Chair will reduce to 2 minutes the minimum time for any 
electronic vote after the first vote in this series.


               Amendment No. 22 Offered by Mr. Culberson

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Texas (Mr. 
Culberson) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 227, 
noes 196, not voting 10, as follows:

                             [Roll No. 370]

                               AYES--227

     Aderholt
     Alexander
     Amash
     Amodei
     Bachmann
     Bachus
     Barletta
     Barr
     Barton
     Benishek
     Bentivolio
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman
     Cole
     Collins (GA)
     Collins (NY)

[[Page 11948]]


     Conaway
     Cook
     Cotton
     Cramer
     Crawford
     Crenshaw
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kelly (PA)
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Marchant
     Marino
     Massie
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Radel
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IN)

                               NOES--196

     Andrews
     Barber
     Barrow (GA)
     Bass
     Beatty
     Becerra
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Deutch
     Dingell
     Doggett
     Doyle
     Duckworth
     Edwards
     Ellison
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Frankel (FL)
     Fudge
     Gallego
     Garamendi
     Garcia
     Gibson
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Grimm
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Holt
     Honda
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maffei
     Maloney, Carolyn
     Maloney, Sean
     Matheson
     Matsui
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meeks
     Meng
     Michaud
     Miller, George
     Moore
     Moran
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Nolan
     O'Rourke
     Owens
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters (CA)
     Peters (MI)
     Peterson
     Pingree (ME)
     Pocan
     Polis
     Price (NC)
     Quigley
     Rahall
     Reed
     Reichert
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                             NOT VOTING--10

     Butterfield
     Gabbard
     Herrera Beutler
     Horsford
     Kaptur
     McCarthy (NY)
     Negrete McLeod
     Pallone
     Rangel
     Young (FL)

                              {time}  1045

  Ms. LINDA T. SANCHEZ of California, Ms. KUSTER, and Mr. JOHNSON of 
Georgia changed their vote from ``aye'' to ``no.''
  Messrs. SIMPSON, GARY G. MILLER of California, and CONAWAY changed 
their vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


              Amendment No. 24 Offered by Ms. Jackson Lee

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from Texas 
(Ms. Jackson Lee) on which further proceedings were postponed and on 
which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 186, 
noes 237, not voting 10, as follows:

                             [Roll No. 371]

                               AYES--186

     Andrews
     Barber
     Barrow (GA)
     Bass
     Beatty
     Becerra
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DelBene
     Deutch
     Dingell
     Doggett
     Doyle
     Duckworth
     Edwards
     Ellison
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Grayson
     Green, Al
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hanna
     Hastings (FL)
     Heck (WA)
     Higgins
     Hinojosa
     Holt
     Honda
     Hoyer
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maffei
     Maloney, Carolyn
     Maloney, Sean
     Matheson
     Matsui
     McCollum
     McDermott
     McIntyre
     McNerney
     Meeks
     Meng
     Michaud
     Miller, George
     Moore
     Moran
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Nolan
     O'Rourke
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters (CA)
     Peters (MI)
     Pingree (ME)
     Pocan
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Richmond
     Roybal-Allard
     Royce
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                               NOES--237

     Aderholt
     Alexander
     Amash
     Amodei
     Bachmann
     Bachus
     Barletta
     Barr
     Barton
     Benishek
     Bentivolio
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Costa
     Cotton
     Cramer
     Crawford
     Crenshaw
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garcia
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Green, Gene
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Himes
     Holding
     Hudson
     Huelskamp
     Huffman
     Huizenga (MI)
     Hultgren

[[Page 11949]]


     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kelly (PA)
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Marchant
     Marino
     Massie
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Paulsen
     Pearce
     Perry
     Peterson
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Radel
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--10

     Butterfield
     DeLauro
     Herrera Beutler
     Horsford
     Kaptur
     McCarthy (NY)
     McGovern
     Negrete McLeod
     Pallone
     Tipton

                              {time}  1049

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


      Amendment No. 26 Offered by Mr. George Miller of California

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from California 
(Mr. George Miller) on which further proceedings were postponed and on 
which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 193, 
noes 233, not voting 7, as follows:

                             [Roll No. 372]

                               AYES--193

     Andrews
     Barber
     Barrow (GA)
     Bass
     Beatty
     Becerra
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Dingell
     Doggett
     Doyle
     Duckworth
     Edwards
     Ellison
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Garcia
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Holt
     Honda
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maffei
     Maloney, Carolyn
     Maloney, Sean
     Matheson
     Matsui
     McCollum
     McDermott
     McIntyre
     McNerney
     Meeks
     Meng
     Michaud
     Miller, George
     Moore
     Moran
     Nadler
     Napolitano
     Neal
     Nolan
     O'Rourke
     Owens
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters (CA)
     Peters (MI)
     Peterson
     Pingree (ME)
     Pocan
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Turner
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                               NOES--233

     Aderholt
     Alexander
     Amash
     Amodei
     Bachmann
     Bachus
     Barletta
     Barr
     Barton
     Benishek
     Bentivolio
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crawford
     Crenshaw
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Deutch
     Diaz-Balart
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kelly (PA)
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Marchant
     Marino
     Massie
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (FL)
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Radel
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--7

     Butterfield
     Herrera Beutler
     Horsford
     McCarthy (NY)
     McGovern
     Negrete McLeod
     Pallone

                              {time}  1054

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. TURNER. Mr. Chair, on rollcall No. 372, on this vote I 
inadvertently voted ``yes'' intending to vote ``no.''


                          personal explanation

  Mr. McGOVERN. Mr. Chair, on rollcall No. 371 and 372, had I been 
present, I would have voted ``yes.''
  The Acting CHAIR. The question is on the amendment in the nature of a 
substitute, as amended.
  The amendment was agreed to.
  The Acting CHAIR. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Hultgren) having assumed the chair, Mr. Collins of Georgia, Acting 
Chair of the Committee of the Whole House on the state of the Union, 
reported that that Committee, having had under consideration the bill 
(H.R. 5) to support State and local accountability for public 
education, protect State and local authority, inform parents of the 
performance of their children's schools, and for other purposes, and, 
pursuant to House Resolution 303, reported the bill back to the House 
with an amendment adopted in the Committee of the Whole.

[[Page 11950]]

  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the amendment 
reported from the Committee of the Whole?
  If not, the question is on the amendment in the nature of a 
substitute, as amended.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Ms. KUSTER. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
  Ms. KUSTER. Yes, I am.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Ms. Kuster moves to recommit the bill H.R. 5 to the 
     Committee on Education and the Workforce with instructions to 
     report the same back to the House forthwith, with the 
     following amendment:
       Page 23, after line 9, insert the following new 
     subparagraph:

       ``(F) Guaranteeing educational opportunities for children 
     with autism or other disabilities.--Each State plan shall 
     demonstrate that the academic content standards and academic 
     achievement standards adopted under this paragraph do not 
     deny educational opportunities, adopt lower standards than 
     the standards adopted for students without disabilities, or 
     otherwise lower expectations for students with disabilities, 
     including children with autism.''.
       Page 481, after line 22, insert the following:

     ``SEC. 5552. PROTECTING SCHOOL CHILDREN FROM SEXUAL 
                   PREDATORS.

       ``(a) Background Checks.--To ensure a safe learning 
     environment, each State educational agency that receives 
     funds under this Act shall have in effect policies and 
     procedures that--
       ``(1) require that criminal background checks be conducted 
     for each school employee that include--
       ``(A) a search of the State criminal registry or repository 
     in the State in which the school employee resides and each 
     State in which the school employee previously resided;
       ``(B) a search of State-based child abuse and neglect 
     registries and databases in the State in which the school 
     employee resides and each State in which the school employee 
     previously resided;
       ``(C) a Federal Bureau of Investigation fingerprint check 
     using the Integrated Automated Fingerprint Identification 
     System; and
       ``(D) a search of the National Sex Offender Registry 
     established under section 19 of the Adam Walsh Child 
     Protection and Safety Act of 2006 (42 U.S.C. 16919);
       ``(2) prohibit the employment of an individual as a school 
     employee if such individual--
       ``(A) refuses to consent to a criminal background check 
     under paragraph (1);
       ``(B) makes a false statement in connection with such 
     criminal background check;
       ``(C) has been convicted of a felony consisting of--
       ``(i) homicide;
       ``(ii) child abuse or neglect;
       ``(iii) a crime against children, including child 
     pornography;
       ``(iv) spousal abuse;
       ``(v) a crime involving rape or sexual assault;
       ``(vi) kidnapping;
       ``(vii) arson; or
       ``(viii) physical assault, battery, or a drug-related 
     offense, committed within 5 years of the completion of such 
     individual's criminal background check under paragraph (1); 
     or
       ``(D) has been convicted of any other crime that is a 
     violent or sexual crime against a minor;
       ``(3) require that a local educational agency or State 
     educational agency that receives information from a criminal 
     background check conducted paragraph (1) that an individual 
     who has applied for employment as a school employee with such 
     agency is a sexual predator, report to local law enforcement 
     that such individual has so applied;
       ``(4) require that criminal background checks conducted 
     under paragraph (1) be periodically repeated or updated in 
     accordance with State law or local educational policy, but 
     not less than once every 5 years;
       ``(5) require that each school employee who has had a 
     criminal background check under paragraph (1) be provided 
     with a copy of the background check; and
       ``(6) provide for a timely process by which a school 
     employee may appeal, but which does not permit the school 
     employee to be employed as a school employee during such 
     appeal, the results of a criminal background check conducted 
     under paragraph (1) to--
       ``(A) challenge the accuracy or completeness of the 
     information produced by such background check; and
       ``(B) seek appropriate relief for any final employment 
     decision based on materially inaccurate or incomplete 
     information produced by such background check.
       ``(b) Inventory Authorized.--A State educational agency may 
     maintain an inventory of all the information from criminal 
     background checks conducted under subsection (a)(1) on school 
     employees in the State.
       ``(c) Definitions.--In this section:
       ``(1) School employee.--The term `school employee' means--
       ``(A) an employee of, or a person seeking employment with, 
     a local educational agency or State educational agency, and 
     who has a job duty that results in access to students; or
       ``(B) an employee of, or a person seeking employment with, 
     a for-profit or nonprofit entity, or local public agency, 
     that has a contract or agreement to provide services with a 
     school, local educational agency, or State educational 
     agency, and whose job duty--
       ``(i) is to provide such services; and
       ``(ii) results in access to students.
       ``(2) Sexual predator.--The term `sexual predator' means a 
     person 18 years of age or older who has been convicted of, or 
     pled guilty to, a sexual offense against a minor.

  ``PART F--PROTECTING CHILDREN FROM ABUSIVE SECLUSION AND RESTRAINT 
                               PRACTICES

     ``SEC. 5601. DEFINITIONS.

       ``In this part:
       ``(1) Chemical restraint.--The term `chemical restraint' 
     means a drug or medication used on a student to control 
     behavior or restrict freedom of movement that is not--
       ``(A) prescribed by a licensed physician, or other 
     qualified health professional acting under the scope of the 
     professional's authority under State law, for the standard 
     treatment of a student's medical or psychiatric condition; 
     and
       ``(B) administered as prescribed by the licensed physician 
     or other qualified health professional acting under the scope 
     of the professional's authority under State law.
       ``(2) Mechanical restraint.--The term `mechanical 
     restraint' has the meaning given the term in section 
     595(d)(1) of the Public Health Service Act (42 U.S.C. 
     290jj(d)(1)), except that the meaning shall be applied by 
     substituting `student's' for `resident's'.
       ``(3) Physical escort.--The term `physical escort' has the 
     meaning given the term in section 595(d)(2) of the Public 
     Health Service Act (42 U.S.C. 290jj(d)(2)), except that the 
     meaning shall be applied by substituting `student' for 
     `resident'.
       ``(4) Physical restraint.--The term `physical restraint' 
     has the meaning given the term in section 595(d)(3) of the 
     Public Health Service Act (42 U.S.C. 290jj(d)(3)).
       ``(5) Positive behavior supports.--The term `positive 
     behavior supports' means a systematic approach to embed 
     evidence-based practices and data-driven decisionmaking to 
     improve school climate and culture, including a range of 
     systemic and individualized strategies to reinforce desired 
     behaviors and diminish reoccurrence of problem behaviors, in 
     order to achieve improved academic and social outcomes and 
     increase learning for all students, including students with 
     the most complex and intensive behavioral needs.
       ``(6) Protection and advocacy system.--The term `protection 
     and advocacy system' means a protection and advocacy system 
     established under section 143 of the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15043).
       ``(7) School.--The term `school' means an entity--
       ``(A) that--
       ``(i) is a public or private--

       ``(I) day or residential elementary school or secondary 
     school; or
       ``(II) early childhood, elementary school, or secondary 
     school program that is under the jurisdiction of a school, 
     local educational agency, educational service agency, or 
     other educational institution or program; and

       ``(ii) receives, or serves students who receive, support in 
     any form from any program supported, in whole or in part, 
     with funds appropriated under the Student Success Act; or
       ``(B) that is a school funded or operated by the Department 
     of the Interior.
       ``(8) School personnel.--The term `school personnel' has 
     the meaning--
       ``(A) given the term in section 4151(10); and
       ``(B) given the term `school resource officer' in section 
     4151(11).
       ``(9) Seclusion.--The term `seclusion' has the meaning 
     given the term in section 595(d)(4) of the Public Health 
     Service Act (42 U.S.C. 290jj(d)(4)).
       ``(10) State-approved crisis intervention training 
     program.--The term `State-approved crisis intervention 
     training program' means a training program approved by a 
     State and the Secretary that, at a minimum, provides--
       ``(A) training in evidence-based techniques shown to be 
     effective in the prevention of physical restraint and 
     seclusion;
       ``(B) training in evidence-based techniques shown to be 
     effective in keeping both school personnel and students safe 
     when imposing physical restraint or seclusion;

[[Page 11951]]

       ``(C) evidence-based skills training related to positive 
     behavior supports, safe physical escort, conflict prevention, 
     understanding antecedents, de-escalation, and conflict 
     management;
       ``(D) training in first aid and cardiopulmonary 
     resuscitation;
       ``(E) information describing State policies and procedures 
     that meet the minimum standards established by regulations 
     promulgated pursuant to section 5602(a); and
       ``(F) certification for school personnel in the techniques 
     and skills described in subparagraphs (A) through (D), which 
     shall be required to be renewed on a periodic basis.
       ``(11) Student.--The term `student' means a student 
     enrolled in a school defined in paragraph (7), except that in 
     the case of a student enrolled in a private school or private 
     program, such term means a student who receives support in 
     any form from any program supported, in whole or in part, 
     with funds appropriated under the Student Success Act.
       ``(12) Time out.--The term `time out' has the meaning given 
     the term in section 595(d)(5) of the Public Health Service 
     Act (42 U.S.C. 290jj(d)(5)), except that the meaning shall be 
     applied by substituting `student' for `resident'.

     ``SEC. 5602. MINIMUM STANDARDS; RULE OF CONSTRUCTION.

       ``(a) Minimum Standards.--Not later than 180 days after the 
     date of the enactment of the Student Success Act, to ensure a 
     safe learning environment and protect each student from 
     physical or mental abuse, aversive behavioral interventions 
     that compromise student health and safety, or any physical 
     restraint or seclusion imposed solely for purposes of 
     discipline or convenience or in a manner otherwise 
     inconsistent with this part, the Secretary shall promulgate 
     regulations establishing the following minimum standards:
       ``(1) School personnel shall be prohibited from imposing on 
     any student the following:
       ``(A) Mechanical restraints.
       ``(B) Chemical restraints.
       ``(C) Physical restraint or physical escort that restricts 
     breathing.
       ``(D) Aversive behavioral interventions that compromise 
     health and safety.
       ``(2) School personnel shall be prohibited from imposing 
     physical restraint or seclusion on a student unless--
       ``(A) the student's behavior poses an imminent danger of 
     physical injury to the student, school personnel, or others;
       ``(B) less restrictive interventions would be ineffective 
     in stopping such imminent danger of physical injury;
       ``(C) such physical restraint or seclusion is imposed by 
     school personnel who--
       ``(i) continuously monitor the student face-to-face; or
       ``(ii) if school personnel safety is significantly 
     compromised by such face-to-face monitoring, are in 
     continuous direct visual contact with the student;
       ``(D) such physical restraint or seclusion is imposed by--
       ``(i) school personnel trained and certified by a State-
     approved crisis intervention training program (as defined in 
     section 5601(16)); or
       ``(ii) other school personnel in the case of a rare and 
     clearly unavoidable emergency circumstance when school 
     personnel trained and certified as described in clause (i) 
     are not immediately available due to the unforeseeable nature 
     of the emergency circumstance; and
       ``(E) such physical restraint or seclusion ends immediately 
     upon the cessation of the conditions described in 
     subparagraphs (A) and (B).
       ``(3) States, in consultation with local educational 
     agencies and private school officials, shall ensure that a 
     sufficient number of personnel are trained and certified by a 
     State-approved crisis intervention training program (as 
     defined in section 5601(16)) to meet the needs of the 
     specific student population in each school.
       ``(4) The use of physical restraint or seclusion as a 
     planned intervention shall not be written into a student's 
     education plan, individual safety plan, behavioral plan, or 
     individualized education program (as defined in section 602 
     of the Individuals with Disabilities Education Act (20 U.S.C. 
     1401)). Local educational agencies or schools may establish 
     policies and procedures for use of physical restraint or 
     seclusion in school safety or crisis plans, provided that 
     such school plans are not specific to any individual student.
       ``(5) Schools shall establish procedures to be followed 
     after each incident involving the imposition of physical 
     restraint or seclusion upon a student, including--
       ``(A) procedures to provide to the parent of the student, 
     with respect to each such incident--
       ``(i) an immediate verbal or electronic communication on 
     the same day as the incident; and
       ``(ii) written notification within 24 hours of the 
     incident; and
       ``(B) any other procedures the Secretary determines 
     appropriate.
       ``(b) Secretary of the Interior.--The Secretary of the 
     Interior shall ensure that schools operated or funded by the 
     Department of the Interior comply with the regulations 
     promulgated by the Secretary under subsection (a).
       ``(c) Rule of Construction.--Nothing in this section shall 
     be construed to authorize the Secretary to promulgate 
     regulations prohibiting the use of--
       ``(1) time out (as defined in section 5601(20));
       ``(2) devices implemented by trained school personnel, or 
     utilized by a student, for the specific and approved 
     therapeutic or safety purposes for which such devices were 
     designed and, if applicable, prescribed, including--
       ``(A) restraints for medical immobilization;
       ``(B) adaptive devices or mechanical supports used to 
     achieve proper body position, balance, or alignment to allow 
     greater freedom of mobility than would be possible without 
     the use of such devices or mechanical supports; or
       ``(C) vehicle safety restraints when used as intended 
     during the transport of a student in a moving vehicle; or
       ``(3) handcuffs by school resource officers (as such term 
     is defined in section 4151(11) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7161(11)))--
       ``(A) in the--
       ``(i) case when a student's behavior poses an imminent 
     danger of physical injury to the student, school personnel, 
     or others; or
       ``(ii) lawful exercise of law enforcement duties; and
       ``(B) less restrictive interventions would be ineffective.

     ``SEC. 5603. STATE PLAN AND REPORT REQUIREMENTS AND 
                   ENFORCEMENT.

       ``(a) State Plan.--Not later than 2 years after the 
     Secretary promulgates regulations pursuant to section 
     5602(a), and each year thereafter, each State educational 
     agency shall submit to the Secretary a State plan that 
     provides--
       ``(1) assurances to the Secretary that the State has in 
     effect--
       ``(A) State policies and procedures that meet the minimum 
     standards, including the standards with respect to State-
     approved crisis intervention training programs, established 
     by regulations promulgated pursuant to section 5602(a); and
       ``(B) a State mechanism to effectively monitor and enforce 
     the minimum standards;
       ``(2) a description of the State policies and procedures, 
     including a description of the State-approved crisis 
     intervention training programs in such State; and
       ``(3) a description of the State plans to ensure school 
     personnel and parents, including private school personnel and 
     parents, are aware of the State policies and procedures.
       ``(b) Reporting.--
       ``(1) Reporting requirements.--Not later than 2 years after 
     the date the Secretary promulgates regulations pursuant to 
     section 5602(a), and each year thereafter, each State 
     educational agency shall (in compliance with the requirements 
     of section 444 of the General Education Provisions Act 
     (commonly known as the `Family Educational Rights and Privacy 
     Act of 1974') (20 U.S.C. 1232g)) prepare and submit to the 
     Secretary, and make available to the public, a report that 
     includes the information described in paragraph (2), with 
     respect to each local educational agency, and each school not 
     under the jurisdiction of a local educational agency, located 
     in the same State as such State educational agency.
       ``(2) Information requirements.--
       ``(A) General information requirements.--The report 
     described in paragraph (1) shall include information on--
       ``(i) the total number of incidents in the preceding full-
     academic year in which physical restraint was imposed upon a 
     student; and
       ``(ii) the total number of incidents in the preceding full-
     academic year in which seclusion was imposed upon a student.
       ``(B) Disaggregation.--
       ``(i) General disaggregation requirements.--The information 
     described in subparagraph (A) shall be disaggregated by--

       ``(I) the total number of incidents in which physical 
     restraint or seclusion was imposed upon a student--

       ``(aa) that resulted in injury;
       ``(bb) that resulted in death; and
       ``(cc) in which the school personnel imposing physical 
     restraint or seclusion were not trained and certified as 
     described in section 5602(a)(2)(D)(i); and

       ``(II) the demographic characteristics of all students upon 
     whom physical restraint or seclusion was imposed, including--

       ``(aa) the categories identified in section 
     1111(h)(1)(C)(i) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i));
       ``(bb) age; and
       ``(cc) disability status (which has the meaning given the 
     term `individual with a disability' in section 7(20) of the 
     Rehabilitation Act of 1973 (29 U.S.C. 705(20))).
       ``(ii) Unduplicated count; exception.--The disaggregation 
     required under clause (i) shall--

       ``(I) be carried out in a manner to ensure an unduplicated 
     count of the--

       ``(aa) total number of incidents in the preceding full-
     academic year in which physical restraint was imposed upon a 
     student; and
       ``(bb) total number of incidents in the preceding full-
     academic year in which seclusion was imposed upon a student; 
     and

[[Page 11952]]

       ``(II) not be required in a case in which the number of 
     students in a category would reveal personally identifiable 
     information about an individual student.

       ``(c) Enforcement.--
       ``(1) In general.--
       ``(A) Use of remedies.--If a State educational agency fails 
     to comply with subsection (a) or (b), the Secretary shall--
       ``(i) withhold, in whole or in part, further payments under 
     an applicable program (as such term is defined in section 
     400(c) of the General Education Provisions Act (20 U.S.C. 
     1221)) in accordance with section 455 of such Act (20 U.S.C. 
     1234d);
       ``(ii) require a State educational agency to submit, and 
     implement, within 1 year of such failure to comply, a 
     corrective plan of action, which may include redirection of 
     funds received under an applicable program; or
       ``(iii) issue a complaint to compel compliance of the State 
     educational agency through a cease and desist order, in the 
     same manner the Secretary is authorized to take such action 
     under section 456 of the General Education Provisions Act (20 
     U.S.C. 1234e).
       ``(B) Cessation of withholding of funds.--Whenever the 
     Secretary determines (whether by certification or other 
     appropriate evidence) that a State educational agency who is 
     subject to the withholding of payments under subparagraph 
     (A)(i) has cured the failure providing the basis for the 
     withholding of payments, the Secretary shall cease the 
     withholding of payments with respect to the State educational 
     agency under such subparagraph.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed to limit the Secretary's authority under 
     the General Education Provisions Act (20 U.S.C. 1221 et 
     seq.).

     ``SEC. 5604. GRANT AUTHORITY.

       ``(a) In General.--From the amount appropriated under 
     section 922, the Secretary may award grants to State 
     educational agencies to assist the agencies in--
       ``(1) establishing, implementing, and enforcing the 
     policies and procedures to meet the minimum standards 
     established by regulations promulgated by the Secretary 
     pursuant to section 5602(a);
       ``(2) improving State and local capacity to collect and 
     analyze data related to physical restraint and seclusion; and
       ``(3) improving school climate and culture by implementing 
     school-wide positive behavior support approaches.
       ``(b) Duration of Grant.--A grant under this section shall 
     be awarded to a State educational agency for a 3-year period.
       ``(c) Application.--Each State educational agency desiring 
     a grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require, including 
     information on how the State educational agency will target 
     resources to schools and local educational agencies in need 
     of assistance related to preventing and reducing physical 
     restraint and seclusion.
       ``(d) Authority To Make Subgrants.--
       ``(1) In general.--A State educational agency receiving a 
     grant under this section may use such grant funds to award 
     subgrants, on a competitive basis, to local educational 
     agencies.
       ``(2) Application.--A local educational agency desiring to 
     receive a subgrant under this section shall submit an 
     application to the applicable State educational agency at 
     such time, in such manner, and containing such information as 
     the State educational agency may require.
       ``(e) Private School Participation.--
       ``(1) In general.--A local educational agency receiving 
     subgrant funds under this section shall, after timely and 
     meaningful consultation with appropriate private school 
     officials, ensure that private school personnel can 
     participate, on an equitable basis, in activities supported 
     by grant or subgrant funds.
       ``(2) Public control of funds.--The control of funds 
     provided under this section, and title to materials, 
     equipment, and property purchased with such funds, shall be 
     in a public agency, and a public agency shall administer such 
     funds, materials, equipment, and property.
       ``(f) Required Activities.--A State educational agency 
     receiving a grant, or a local educational agency receiving a 
     subgrant, under this section shall use such grant or subgrant 
     funds to carry out the following:
       ``(1) Researching, developing, implementing, and evaluating 
     strategies, policies, and procedures to prevent and reduce 
     physical restraint and seclusion in schools, consistent with 
     the minimum standards established by regulations promulgated 
     by the Secretary pursuant to section 5602(a).
       ``(2) Providing professional development, training, and 
     certification for school personnel to meet such standards.
       ``(3) Carrying out the reporting requirements under section 
     5603(b) and analyzing the information included in a report 
     prepared under such section to identify student, school 
     personnel, and school needs related to use of physical 
     restraint and seclusion.
       ``(g) Additional Authorized Activities.--In addition to the 
     required activities described in subsection (f), a State 
     educational agency receiving a grant, or a local educational 
     agency receiving a subgrant, under this section may use such 
     grant or subgrant funds for one or more of the following:
       ``(1) Developing and implementing high-quality professional 
     development and training programs to implement evidence-based 
     systematic approaches to school-wide positive behavior 
     supports, including improving coaching, facilitation, and 
     training capacity for administrators, teachers, specialized 
     instructional support personnel, and other staff.
       ``(2) Providing technical assistance to develop and 
     implement evidence-based systematic approaches to school-wide 
     positive behavior supports, including technical assistance 
     for data-driven decisionmaking related to behavioral supports 
     and interventions in the classroom.
       ``(3) Researching, evaluating, and disseminating high-
     quality evidence-based programs and activities that implement 
     school-wide positive behavior supports with fidelity.
       ``(4) Supporting other local positive behavior support 
     implementation activities consistent with this subsection.
       ``(h) Evaluation and Report.--Each State educational agency 
     receiving a grant under this section shall, at the end of the 
     3-year grant period for such grant--
       ``(1) evaluate the State's progress toward the prevention 
     and reduction of physical restraint and seclusion in the 
     schools located in the State, consistent with the minimum 
     standards established by regulations promulgated by the 
     Secretary pursuant to section 5602(a); and
       ``(2) submit to the Secretary a report on such progress.
       ``(i) Department of the Interior.--From the amount 
     appropriated under section 5608, the Secretary may allocate 
     funds to the Secretary of the Interior for activities under 
     this section with respect to schools operated or funded by 
     the Department of the Interior, under such terms as the 
     Secretary of Education may prescribe.

     ``SEC. 5605. NATIONAL ASSESSMENT.

       ``(a) National Assessment.--The Secretary shall carry out a 
     national assessment to determine the effectiveness of this 
     part, which shall include--
       ``(1) analyzing data related to physical restraint and 
     seclusion incidents;
       ``(2) analyzing the effectiveness of Federal, State, and 
     local efforts to prevent and reduce the number of physical 
     restraint and seclusion incidents in schools;
       ``(3) identifying the types of programs and services that 
     have demonstrated the greatest effectiveness in preventing 
     and reducing the number of physical restraint and seclusion 
     incidents in schools; and
       ``(4) identifying evidence-based personnel training models 
     with demonstrated success in preventing and reducing the 
     number of physical restraint and seclusion incidents in 
     schools, including models that emphasize positive behavior 
     supports and de-escalation techniques over physical 
     intervention.
       ``(b) Report.--The Secretary shall submit to the Committee 
     on Education and the Workforce of the House of 
     Representatives and the Committee on Health, Education, 
     Labor, and Pensions of the Senate--
       ``(1) not later than 3 years after the date of enactment of 
     the Student Success Act, an interim report that summarizes 
     the preliminary findings of the assessment described in 
     subsection (a); and
       ``(2) not later than 5 years after the date of the 
     enactment of the Student Success Act, a final report of the 
     findings of the assessment.

     ``SEC. 5606. PROTECTION AND ADVOCACY SYSTEMS.

       ``Protection and Advocacy Systems shall have the authority 
     provided under section 143 of the Developmental Disabilities 
     Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043) 
     to investigate, monitor, and enforce protections provided for 
     students under this part.

     ``SEC. 5607. LIMITATION OF AUTHORITY.

       ``(a) In General.--Nothing in this part shall be construed 
     to restrict or limit, or allow the Secretary to restrict or 
     limit, any other rights or remedies otherwise available to 
     students or parents under Federal or State law or regulation.
       ``(b) Applicability.--
       ``(1) Private schools.--Nothing in this part shall be 
     construed to affect any private school that does not receive, 
     or does not serve students who receive, support in any form 
     from any program supported, in whole or in part, with funds 
     appropriated to the Department of Education.
       ``(2) Home schools.--Nothing in this part shall be 
     construed to--
       ``(A) affect a home school, whether or not a home school is 
     treated as a private school or home school under State law; 
     or
       ``(B) consider parents who are schooling a child at home as 
     school personnel.

     ``SEC. 5608. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as may 
     be necessary to carry out this part for fiscal year 2014 and 
     each of the 4 succeeding fiscal years.

     ``SEC. 5609. PRESUMPTION OF CONGRESS RELATING TO COMPETITIVE 
                   PROCEDURES.

       ``(a) Presumption.--It is the presumption of Congress that 
     grants awarded under this part will be awarded using 
     competitive procedures based on merit.

[[Page 11953]]

       ``(b) Report to Congress.--If grants are awarded under this 
     part using procedures other than competitive procedures, the 
     Secretary shall submit to Congress a report explaining why 
     competitive procedures were not used.

         ``PART G--PROTECTING STUDENT ATHLETES FROM CONCUSSIONS

     ``SEC. 5701. MINIMUM STATE REQUIREMENTS.

       ``Beginning with fiscal year 2014, in order to be eligible 
     to receive funds for such year or a subsequent fiscal year 
     under the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.) each State educational agency shall 
     issue regulations establishing the following minimum 
     requirements in order to protect student academic achievement 
     from the impact of concussions:
       ``(1) Local educational agency concussion safety and 
     management plan.--Each local educational agency in the State, 
     in consultation with members of the community in which such 
     agency is located, shall develop and implement a standard 
     plan for concussion safety and management that includes--
       ``(A) the education of students, parents, and school 
     personnel about concussions, such as--
       ``(i) the training and certification of school personnel, 
     including coaches, athletic trainers, and school nurses, on 
     concussion safety and management; and
       ``(ii) using and maintaining standardized release forms, 
     treatment plans, observation, monitoring and reporting forms, 
     recordkeeping forms, and post-injury fact sheets;
       ``(B) supports for students recovering from a concussion, 
     such as--
       ``(i) guiding such student in resuming participation in 
     athletic activity and academic activities with the help of a 
     multi-disciplinary team, which may include--

       ``(I) a health care professional, the parents of such 
     student, a school nurse, or other relevant school personnel; 
     and
       ``(II) an individual who is assigned by a public school to 
     oversee and manage the recovery of such student;

       ``(ii) providing appropriate academic accommodations; and
       ``(iii) referring students whose symptoms of concussion 
     reemerge or persist upon the reintroduction of cognitive and 
     physical demands for evaluation of the eligibility of such 
     students for services under the Individual with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.) and the Rehabilitation 
     Act of 1973 (29 U.S.C. 701 note et seq.); and
       ``(C) best practices designed to ensure, with respect to 
     concussions, the uniformity of safety standards, treatment, 
     and management, such as--
       ``(i) disseminating information on concussion management 
     safety and management to the public; and
       ``(ii) applying uniform standards for concussion safety and 
     management to all students enrolled in public schools.
       ``(2) Posting of information on concussions.--Each public 
     elementary school and each secondary school shall post on 
     school grounds, in a manner that is visible to students and 
     school personnel, and make publicly available on the school 
     website, information on concussions that--
       ``(A) is based on peer-reviewed scientific evidence (such 
     as information made available by the Centers for Disease 
     Control and Prevention);
       ``(B) shall include--
       ``(i) the risks posed by sustaining a concussion;
       ``(ii) the actions a student should take in response to 
     sustaining a concussion, including the notification of school 
     personnel; and
       ``(iii) the signs and symptoms of a concussion; and
       ``(C) may include--
       ``(i) the definition of a concussion;
       ``(ii) the means available to the student to reduce the 
     incidence or recurrence of a concussion; and
       ``(iii) the effects of a concussion on academic learning 
     and performance.
       ``(3) Response to concussion.--If any school personnel, 
     including coaches and athletic trainers, of a public school 
     suspects that a student has sustained a concussion during a 
     school-sponsored athletic activity--
       ``(A) the student shall be--
       ``(i) immediately removed from participation in such 
     activity; and
       ``(ii) prohibited from returning to participate in school-
     sponsored athletic activities--

       ``(I) on the day such student sustained a concussion; and
       ``(II) until such student submits a written release from a 
     health care professional stating that the student is capable 
     of resuming participation in school-sponsored athletic 
     activities; and

       ``(B) such personnel shall report to the parent or guardian 
     of such student--
       ``(i) the date, time, and extent of the injury suffered by 
     such student; and
       ``(ii) any actions taken to treat such student.
       ``(4) Return to athletics and academics.--Before a student 
     who has sustained a concussion in a school-sponsored athletic 
     activity resumes participation in school-sponsored athletic 
     activities or academic activities, the school shall receive a 
     written release from a health care professional, that--
       ``(A) states that the student is capable of resuming 
     participation in such activities; and
       ``(B) may require the student to follow a plan designed to 
     aid the student in recovering and resuming participation in 
     such activities in a manner that--
       ``(i) is coordinated, as appropriate, with periods of 
     cognitive and physical rest while symptoms of a concussion 
     persist; and
       ``(ii) reintroduces cognitive and physical demands on such 
     student on a progressive basis only as such increases in 
     exertion do not cause the reemergence or worsening of 
     symptoms of a concussion.

     ``SEC. 5702. REPORT TO SECRETARY OF EDUCATION.

       ``Not later than 6 months after promulgating regulations 
     pursuant to section 5701 in order to be eligible to receive 
     funds under the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.), each State educational agency 
     shall submit to the Secretary of Education a report that 
     contains--
       ``(1) a description of the State regulations promulgated 
     pursuant to section 5701; and
       ``(2) an assurance that the State has implemented such 
     regulations.

     ``SEC. 5703. RULE OF CONSTRUCTION.

       ``Nothing in this subtitle shall be construed to alter or 
     supersede State law with respect to education standards or 
     procedures or civil liability.

     ``SEC. 5704. DEFINITIONS.

       ``In this subtitle:
       ``(1) Concussion.--The term `concussion' means a type of 
     traumatic brain injury that--
       ``(A) is caused by a blow, jolt, or motion to the head or 
     body that causes the brain to move rapidly in the skull;
       ``(B) disrupts normal brain functioning and alters the 
     mental state of the individual, causing the individual to 
     experience--
       ``(i) any period of observed or self-
     reported--

       ``(I) transient confusion, disorientation, or impaired 
     consciousness;
       ``(II) dysfunction of memory around the time of injury; and
       ``(III) loss of consciousness lasting less than 30 minutes;

       ``(ii) any one of four types of symptoms of a headache, 
     including--

       ``(I) physical symptoms, such as headache, fatigue, or 
     dizziness;
       ``(II) cognitive symptoms, such as memory disturbance or 
     slowed thinking;
       ``(III) emotional symptoms, such as irritability or 
     sadness; and
       ``(IV) difficulty sleeping; and

       ``(C) can occur--
       ``(i) with or without the loss of consciousness; and
       ``(ii) during participation in any organized sport or 
     recreational activity.
       ``(2) Health care professional.--The term `health care 
     professional' means a physician, nurse, certified athletic 
     trainer, physical therapist, neuropsychologist or other 
     qualified individual who--
       ``(A) is a registered, licensed, certified, or otherwise 
     statutorily recognized by the State to provide medical 
     treatment;
       ``(B) is experienced in the diagnosis and management of 
     traumatic brain injury among a pediatric population; and
       ``(C) may be a volunteer.
       ``(3) Local educational agency; state educational agency.--
     The terms `local educational agency' and `State educational 
     agency' have the meanings given such terms in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       ``(4) School personnel.--The term `school personnel' has 
     the meaning given such term in section 4151 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7161).
       ``(5) School-sponsored athletic activity.--The term 
     `school-sponsored athletic activity' means--
       ``(A) any physical education class or program of a school;
       ``(B) any athletic activity authorized during the school 
     day on school grounds that is not an instructional activity; 
     and
       ``(C) any extracurricular sports team, club, or league 
     organized by a school on or off school grounds.
       Page 482, line 1, strike ``PART F'' and insert ``PART H''.

       Page 482, line 2, strike ``5601'' and insert ``5801''.

  Ms. KUSTER (during the reading). Mr. Speaker, I ask unanimous consent 
to dispense with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New Hampshire?
  There was no objection.
  Mr. KLINE. Mr. Speaker, I reserve a point of order against the 
motion.
  The SPEAKER pro tempore. A point of order is reserved.
  The gentlewoman from New Hampshire is recognized for 5 minutes.
  Ms. KUSTER. Mr. Speaker, this is the final amendment to the bill, 
which will not kill the bill or send it back to committee. If adopted, 
the bill will proceed immediately to final passage, as amended.

[[Page 11954]]



                              {time}  1100

  This week, we have debated how best to educate our children and 
prepare them for the lives and jobs of the 21st century economy. Mr. 
Speaker, this bill is not the answer.
  In New Hampshire, we recognize that investments in education are 
investments in economic growth, job creation, and expanded opportunity 
for middle class families. Unfortunately, this bill fails to adequately 
make these investments in our economic future. It fails to reflect the 
bipartisan support in this House for STEM education, for fairness, and 
for accountability. Along with the Chamber of Commerce and a broad 
coalition of stakeholders, I believe that this legislation fails to 
deliver the education system that our students, our children deserve.
  While some would rather abolish the Department of Education, I know 
that we have a responsibility to ensure that every child in this 
country has a chance to learn and succeed. We may have our 
disagreements, but we owe it to the people we represent to focus on 
those areas where we can find common ground.
  I know that we can all agree on the need to preserve opportunity and 
safety for our students, and I'm hopeful that you will all support my 
amendment, which makes four very commonsense reforms.
  First, this amendment protects children with autism and other 
disabilities. According to the Centers for Disease Control, an 
astounding 1 in 88 children and 1 in 54 boys across the United States 
are on the autism spectrum. My amendment would simply ensure that 
education plans do not deny opportunity to these students with autism 
or other disabilities.
  Second, this would amend to protect children from abusive seclusion 
and restraint policies. A shocking 41 States have verified reports of 
inappropriate seclusion and restraint in their schools. The Government 
Accountability Office has documented hundreds of allegations of such 
abuse against students, including students with disabilities. Troubling 
reports have emerged of students pinned to the ground face down, 
students who have been confined in cardboard boxes, and students who 
have been literally duct-taped to chairs. As a result, some students 
have even died. My amendment would put in place minimum safety 
standards to prevent abusive seclusion and restraint in schools.
  Third, this amendment would require thorough background checks for 
any school employees or contractors with access to children to keep 
sexual predators out of our schools. We can all agree on this part of 
the amendment. It would prohibit public schools from hiring or 
retaining anyone convicted of crimes against children, such as sexual 
assault and pornography. And importantly, it would ensure that schools 
report to local law enforcement when predators apply for positions with 
access to children.
  Finally, this amendment would establish standards for protecting 
student athletes from concussions. I know that many of you are parents, 
and I have had sons with this condition. Research shows that 300,000 
sports-related concussions occur every single year in our schools. 
Younger athletes are at greater risk of concussion, and this amendment 
would provide schools, athletes, and parents with the information on 
how best to prevent and manage these injuries. It would also require 
parental notification.
  Together, these reforms will keep our children safe from injury and 
abuse in our schools.
  I urge my colleagues on both sides of the aisle to vote to protect 
children with disabilities, vote to improve safety for all students, 
and vote for this final amendment.
  I yield back the balance of my time.
  Mr. KLINE. Mr. Speaker, I withdraw my point of order, and I rise in 
opposition to the motion to recommit.
  The SPEAKER pro tempore. The point of order is withdrawn.
  The gentleman from Minnesota is recognized for 5 minutes.
  Mr. KLINE. Mr. Speaker, what States and school districts are asking 
for and have been asking for and clamoring for is more flexibility and 
less Federal mandates so they can address the individual needs of their 
students. We should not tie the hands of school officials and 
predetermine how they can best help their students and staff. Instead, 
this motion will force them to jump through hoops and meet burdensome 
requirements.
  This motion is full of requirements. Some might be good, most will be 
burdensome, but at the heart, this is a motion that says my Democratic 
colleagues do not believe our school leaders and teachers have the best 
intentions for their kids, they do not trust them to know how to take 
care of their students, and we disagree.
  I urge my colleagues to reject this motion to recommit and support 
the Student Success Act, and I yield back the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I urge my colleagues to vote ``no'' on 
H.R. 5 and to support the substitute to this bill, offered by my 
colleague, the Gentleman from California, Congressman George Miller.
  We can all agree, Mr. Speaker, that the Elementary and Secondary 
Education Act is in dire need of reauthorization. But this bill is not 
the best effort we can offer our children. This bill offers less 
support and less accountability for students, educators, and parents 
throughout the nation. It cuts critical funding and fails to give our 
students a well-rounded education.
  But what makes H.R. 5 even worse is that it works against the initial 
purpose of the Act--it offers our students less equity and it leaves 
behind those children who are the most in need. It fails to give our 
lowest performing and lowest income schools the support systems they 
need to succeed in the classroom.
  Mr. Chair, several amendments were introduced yesterday to correct 
some of the severe flaws in this bill. For example, I commend the 
passage of the amendment offered by my colleagues Congressman Young and 
Congresswoman Gabbard to protect Native education programs. But it is a 
grave disappointment to me that this amendment was even necessary--that 
critical programs for our Indian, Alaska Native, and Native Hawaiian 
students were threatened under H.R. 5.
  I stand in opposition to the underlying bipartisan bill which still 
fails as a whole to provide a quality education for all America's 
students. We must give our students better. H.R. 5 is not our best 
effort. This bill is a huge setback for our children and for our 
nation. I urge my colleagues to vote ``no'' on H.R. 5 and to vote 
``yes'' to the Miller substitute.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Ms. KUSTER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 5-minute vote on the motion to recommit will be followed by a 
5-minute vote on passage of the bill, if ordered, and approval of the 
Journal, if ordered.
  This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 196, 
noes 231, not voting 6, as follows:

                             [Roll No. 373]

                               AYES--196

     Andrews
     Barber
     Barrow (GA)
     Bass
     Beatty
     Becerra
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Deutch
     Dingell
     Doggett
     Doyle
     Duckworth
     Duncan (TN)
     Edwards
     Ellison
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Garcia
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Holt
     Honda
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)

[[Page 11955]]


     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maffei
     Maloney, Carolyn
     Maloney, Sean
     Matheson
     Matsui
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meeks
     Meng
     Michaud
     Miller, George
     Moore
     Moran
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Nolan
     O'Rourke
     Owens
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters (CA)
     Peters (MI)
     Peterson
     Pingree (ME)
     Pocan
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                               NOES--231

     Aderholt
     Alexander
     Amash
     Amodei
     Bachmann
     Bachus
     Barletta
     Barr
     Barton
     Benishek
     Bentivolio
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crawford
     Crenshaw
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Duffy
     Duncan (SC)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kelly (PA)
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Marchant
     Marino
     Massie
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Radel
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--6

     Butterfield
     Herrera Beutler
     Horsford
     McCarthy (NY)
     Negrete McLeod
     Pallone

                              {time}  1113

  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. GEORGE MILLER of California. Mr. Speaker, I demand a recorded 
vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 221, 
noes 207, not voting 6, as follows:

                             [Roll No. 374]

                               AYES--221

     Aderholt
     Alexander
     Amodei
     Bachmann
     Bachus
     Barletta
     Barr
     Barton
     Benishek
     Bentivolio
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Boehner
     Bonner
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crawford
     Crenshaw
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gingrey (GA)
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Griffin (AR)
     Griffith (VA)
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jordan
     Kelly (PA)
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     Long
     Lucas
     Luetkemeyer
     Lummis
     Marchant
     Marino
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Radel
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (FL)
     Young (IN)

                               NOES--207

     Amash
     Andrews
     Barber
     Barrow (GA)
     Bass
     Beatty
     Becerra
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Deutch
     Dingell
     Doggett
     Doyle
     Duckworth
     Edwards
     Ellison
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Garcia
     Gibson
     Gohmert
     Graves (MO)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Grimm
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Holt
     Honda
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Jones
     Joyce
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     LoBiondo
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maffei
     Maloney, Carolyn
     Maloney, Sean
     Massie
     Matheson
     Matsui
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meeks
     Meng
     Michaud
     Miller, George
     Moore
     Moran
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Nolan
     O'Rourke
     Owens
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters (CA)
     Peters (MI)
     Peterson
     Pingree (ME)
     Pocan
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reed
     Reichert
     Richmond
     Roybal-Allard
     Ruiz
     Runyan
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires

[[Page 11956]]


     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                             NOT VOTING--6

     Butterfield
     Herrera Beutler
     Horsford
     McCarthy (NY)
     Negrete McLeod
     Pallone

                              {time}  1119

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________