[Congressional Record (Bound Edition), Volume 161 (2015), Part 2]
[House]
[Pages 2680-2756]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          STUDENT SUCCESS ACT

  The SPEAKER pro tempore. Pursuant to House Resolution 125 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 Tennessee (Mr. Duncan) kindly take the chair.

                              {time}  1520


                     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. Duncan of Tennessee (Acting Chair) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose on Wednesday, 
February 25, 2015, all time for general debate pursuant to House 
Resolution 121 had expired.
  Pursuant to House Resolution 125, no further general debate shall be 
in order. In lieu of the amendment in the nature of a substitute 
recommended by the Committee on Education and the Workforce, printed in 
the bill, an amendment in the nature of a substitute consisting of the 
text of Rules Committee Print 114-8, modified by the amendment printed 
in part A of House Report 114-29, is adopted. The bill, as amended, 
shall be considered as the original bill for the purpose of further 
amendment under the 5-minute rule and shall be considered as read.
  The text of the bill, as amended, is as follows:

                                 H.R. 5

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Transition.
Sec. 5. Effective dates.
Sec. 6. Authorization of appropriations.
Sec. 7. Sense of the Congress.

               TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES

                         Subtitle A--In General

Sec. 101. Title heading.
Sec. 102. Statement of purpose.
Sec. 103. Flexibility to use Federal funds.
Sec. 104. School improvement.
Sec. 105. Direct student services.
Sec. 106. State administration.

  Subtitle B--Improving the Academic Achievement of the Disadvantaged

Sec. 111. Part A headings.
Sec. 112. State plans.
Sec. 113. Local educational agency plans.
Sec. 114. Eligible school attendance areas.
Sec. 115. Schoolwide programs.
Sec. 116. Targeted assistance schools.
Sec. 117. Academic assessment and local educational agency and school 
              improvement; school support and recognition.
Sec. 118. Parental involvement.
Sec. 119. Qualifications for teachers and paraprofessionals.
Sec. 120. Participation of children enrolled in private schools.

[[Page 2681]]

Sec. 121. Fiscal requirements.
Sec. 122. Coordination requirements.
Sec. 123. Grants for the outlying areas and the Secretary of the 
              Interior.
Sec. 124. Allocations to States.
Sec. 125. Basic grants to local educational agencies.
Sec. 126. Targeted grants to local educational agencies.
Sec. 127. Adequacy of funding to local educational agencies in fiscal 
              years after fiscal year 2001.
Sec. 128. Education finance incentive grant program.
Sec. 129. Carryover and waiver.
Sec. 130. Title I portability.

       Subtitle C--Additional Aid to States and School Districts

Sec. 131. Additional aid.

                    Subtitle D--National Assessment

Sec. 141. National assessment of title I.

                 Subtitle E--Title I General Provisions

Sec. 151. General provisions for title I.

            TITLE II--TEACHER PREPARATION AND EFFECTIVENESS

Sec. 201. Teacher preparation and effectiveness.
Sec. 202. Conforming repeals.

          TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

Sec. 301. Parental engagement and local flexibility.

                          TITLE IV--IMPACT AID

Sec. 401. Purpose.
Sec. 402. Payments relating to Federal acquisition of real property.
Sec. 403. Payments for eligible federally connected children.
Sec. 404. Policies and procedures relating to children residing on 
              Indian lands.
Sec. 405. Application for payments under sections 8002 and 8003.
Sec. 406. Construction.
Sec. 407. Facilities.
Sec. 408. State consideration of payments providing State aid.
Sec. 409. Federal administration.
Sec. 410. Administrative hearings and judicial review.
Sec. 411. Definitions.
Sec. 412. Authorization of appropriations.
Sec. 413. Conforming amendments.

  TITLE V--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN 
          INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION

Sec. 501. The Federal Government's Trust Responsibility to American 
              Indian, Alaska Native, and Native Hawaiian Education.

                TITLE VI--GENERAL PROVISIONS FOR THE ACT

Sec. 601. General provisions for the Act.
Sec. 602. Repeal.
Sec. 603. Other laws.
Sec. 604. Amendment to IDEA.

                     TITLE VII--HOMELESS EDUCATION

Sec. 701. Statement of policy.
Sec. 702. Grants for State and local activities for the education of 
              homeless children and youths.
Sec. 703. Local educational agency subgrants for the education of 
              homeless children and youths.
Sec. 704. Secretarial responsibilities.
Sec. 705. Definitions.
Sec. 706. Authorization of appropriations.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

Sec. 801. Findings; Sense of the Congress.
Sec. 802. Preventing improper use of taxpayer funds.

     SEC. 3. REFERENCES.

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

     SEC. 4. TRANSITION.

       Unless otherwise provided in this Act, any person or agency 
     that was awarded a grant under the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.) prior to the 
     date of the enactment of this Act shall continue to receive 
     funds in accordance with the terms of such award, except that 
     funds for such award may not continue more than one year 
     after the date of the enactment of this Act.

     SEC. 5. EFFECTIVE DATES.

       (a) In General.--Except as otherwise provided in this Act, 
     this Act, and the amendments made by this Act, shall be 
     effective upon the date of the enactment of this Act.
       (b) Noncompetitive Programs.--With respect to 
     noncompetitive programs under which any funds are allotted by 
     the Secretary of Education to recipients on the basis of a 
     formula, this Act, and the amendments made by this Act, shall 
     take effect on October 1, 2015.
       (c) Competitive Programs.--With respect to programs that 
     are conducted by the Secretary on a competitive basis, this 
     Act, and the amendments made by this Act, shall take effect 
     with respect to appropriations for use under those programs 
     for fiscal year 2016.
       (d) Impact Aid.--With respect to title IV of the Act (20 
     U.S.C. 7701 et seq.) (Impact Aid), this Act, and the 
     amendments made by this Act, shall take effect with respect 
     to appropriations for use under that title for fiscal year 
     2016.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       The Act (20 U.S.C. 6301 et seq.) is amended by inserting 
     after section 2 the following:

     ``SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.

       ``(a) Title I.--
       ``(1) Part a.--There are authorized to be appropriated to 
     carry out part A of title I $16,245,163,000 for each of 
     fiscal years 2016 through 2021.
       ``(2) Part b.--There are authorized to be appropriated to 
     carry out part B of title I $710,000 for each of fiscal years 
     2016 through 2021.
       ``(b) Title II.--There are authorized to be appropriated to 
     carry out title II $2,788,356,000 for each of fiscal years 
     2016 through 2021.
       ``(c) Title III.--
       ``(1) Part a.--
       ``(A) Subpart 1.--There are authorized to be appropriated 
     to carry out subpart 1 of part A of title III $300,000,000 
     for each of fiscal years 2016 through 2021.
       ``(B) Subpart 2.--There are authorized to be appropriated 
     to carry out subpart 2 of part A of title III $91,647,000 for 
     each of fiscal years 2016 through 2021.
       ``(C) Subpart 3.--There are authorized to be appropriated 
     to carry out subpart 3 of part A of title III $25,000,000 for 
     each of fiscal years 2016 through 2021.
       ``(2) Part b.--There are authorized to be appropriated to 
     carry out part B of title III $2,302,287,000 for each of 
     fiscal years 2016 through 2021.
       ``(d) Title IV.--
       ``(1) Payments for federal acquisition of real property.--
     For the purpose of making payments under section 4002, there 
     are authorized to be appropriated $66,813,000 for each of 
     fiscal years 2016 through 2021.
       ``(2) Basic payments; payments for heavily impacted local 
     educational agencies.--For the purpose of making payments 
     under section 4003(b), there are authorized to be 
     appropriated $1,151,233,000 for each of fiscal years 2016 
     through 2021.
       ``(3) Payments for children with disabilities.--For the 
     purpose of making payments under section 4003(d), there are 
     authorized to be appropriated $48,316,000 for each of fiscal 
     years 2016 through 2021.
       ``(4) Construction.--For the purpose of carrying out 
     section 4007, there are authorized to be appropriated 
     $17,406,000 for each of fiscal years 2016 through 2021.
       ``(5) Facilities maintenance.--For the purpose of carrying 
     out section 4008, there are authorized to be appropriated 
     $4,835,000 for each of fiscal years 2016 through 2021.''.

     SEC. 7. SENSE OF THE CONGRESS.

       (a) Findings.--The Congress finds as follows:
       (1) The Elementary and Secondary Education Act prohibits 
     the Federal Government from mandating, directing, or 
     controlling a State, local educational agency, or school's 
     curriculum, program of instruction, or allocation of State 
     and local resources, and from mandating a State or any 
     subdivision thereof to spend any funds or incur any costs not 
     paid for under such Act.
       (2) The Elementary and Secondary Education Act prohibits 
     the Federal Government from funding the development, pilot 
     testing, field testing, implementation, administration, or 
     distribution of any federally sponsored national test in 
     reading, mathematics, or any other subject, unless 
     specifically and explicitly authorized by law.
       (3) The Secretary of Education, through 3 separate 
     initiatives, has created a system of waivers and grants that 
     influence, incentivize, and coerce State educational agencies 
     into implementing common national elementary and secondary 
     standards and assessments endorsed by the Secretary.
       (4) The Race to the Top Fund encouraged and incentivized 
     States to adopt Common Core State Standards developed by the 
     National Governor's Association Center for Best Practices and 
     the Council of Chief State School Officers.
       (5) The Race to the Top Assessment grants awarded to the 
     Partnership for the Assessment of Readiness for College and 
     Careers (PARCC) and SMARTER Balanced Assessment Consortium 
     (SMARTER Balance) initiated the development of Common Core 
     State Standards aligned assessments that will, in turn, 
     inform and ultimately influence kindergarten through 12th-
     grade curriculum and instructional materials.
       (6) The conditional Elementary and Secondary Education Act 
     flexibility waiver authority employed by the Department of 
     Education coerced States into accepting Common Core State 
     Standards and aligned assessments.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that States and local educational agencies retain the rights 
     and responsibilities of determining educational curriculum, 
     programs of instruction, and assessments for elementary and 
     secondary education.

               TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES

                         Subtitle A--In General

     SEC. 101. TITLE HEADING.

       The title heading for title I (20 U.S.C. 6301 et seq.) is 
     amended to read as follows:

            ``TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES''.

     SEC. 102. STATEMENT OF PURPOSE.

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

     ``SEC. 1001. STATEMENT OF PURPOSE.

       ``The purpose of this title is to provide all children the 
     opportunity to graduate high school prepared for 
     postsecondary education or the workforce. This purpose can be 
     accomplished by--

[[Page 2682]]

       ``(1) meeting the educational needs of low-achieving 
     children in our Nation's highest-poverty schools, English 
     learners, migratory children, children with disabilities, 
     Indian children, and neglected or delinquent children;
       ``(2) closing the achievement gap between high- and low-
     performing children, especially the achievement gaps between 
     minority and nonminority students, and between disadvantaged 
     children and their more advantaged peers;
       ``(3) affording parents substantial and meaningful 
     opportunities to participate in the education of their 
     children; and
       ``(4) challenging States and local educational agencies to 
     embrace meaningful, evidence-based education reform, while 
     encouraging state and local innovation.''.

     SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS.

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

     ``SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS.

       ``(a) Alternative Uses of Federal Funds for State 
     Educational Agencies.--
       ``(1) In general.--Subject to subsections (c) and (d) and 
     notwithstanding any other provision of law, a State 
     educational agency may use the applicable funding that the 
     agency receives for a fiscal year to carry out any State 
     activity authorized or required under one or more of the 
     following provisions:
       ``(A) Section 1003.
       ``(B) Section 1004.
       ``(C) Subpart 2 of part A of title I.
       ``(D) Subpart 3 of part A of title I.
       ``(E) Subpart 4 of part A of title I.
       ``(2) Notification.--Not later than June 1 of each year, a 
     State educational agency shall notify the Secretary of the 
     State educational agency's intention to use the applicable 
     funding for any of the alternative uses under paragraph (1).
       ``(3) Applicable funding defined.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     in this subsection, the term `applicable funding' means funds 
     provided to carry out State activities under one or more of 
     the following provisions.
       ``(i) Section 1003.
       ``(ii) Section 1004.
       ``(iii) Subpart 2 of part A of title I.
       ``(iv) Subpart 3 of part A of title I.
       ``(v) Subpart 4 of part A of title I.
       ``(B) Limitation.--In this subsection, the term `applicable 
     funding' does not include funds provided under any of the 
     provisions listed in subparagraph (A) that State educational 
     agencies are required by this Act--
       ``(i) to reserve, allocate, or spend for required 
     activities;
       ``(ii) to allocate, allot, or award to local educational 
     agencies or other entities eligible to receive such funds; or
       ``(iii) to use for technical assistance or monitoring.
       ``(4) Disbursement.--The Secretary shall disburse the 
     applicable funding to State educational agencies for 
     alternative uses under paragraph (1) for a fiscal year at the 
     same time as the Secretary disburses the applicable funding 
     to State educational agencies that do not intend to use the 
     applicable funding for such alternative uses for the fiscal 
     year.
       ``(b) Alternative Uses of Federal Funds for Local 
     Educational Agencies.--
       ``(1) In general.--Subject to subsections (c) and (d) and 
     notwithstanding any other provision of law, a local 
     educational agency may use the applicable funding that the 
     agency receives for a fiscal year to carry out any local 
     activity authorized or required under one or more of the 
     following provisions:
       ``(A) Section 1003.
       ``(B) Subpart 1 of part A of title I.
       ``(C) Subpart 2 of part A of title I.
       ``(D) Subpart 3 of part A of title I.
       ``(E) Subpart 4 of part A of title I.
       ``(2) Notification.--A local educational agency shall 
     notify the State educational agency of the local educational 
     agency's intention to use the applicable funding for any of 
     the alternative uses under paragraph (1) by a date that is 
     established by the State educational agency for the 
     notification.
       ``(3) Applicable funding defined.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     in this subsection, the term `applicable funding' means funds 
     provided to carry out local activities under one or more of 
     the following provisions:
       ``(i) Subpart 2 of part A of title I.
       ``(ii) Subpart 3 of part A of title I.
       ``(iii) Subpart 4 of part A of title I.
       ``(B) Limitation.--In this subsection, the term `applicable 
     funding' does not include funds provided under any of the 
     provisions listed in subparagraph (A) that local educational 
     agencies are required by this Act--
       ``(i) to reserve, allocate, or spend for required 
     activities;
       ``(ii) to allocate, allot, or award to entities eligible to 
     receive such funds; or
       ``(iii) to use for technical assistance or monitoring.
       ``(4) Disbursement.--Each State educational agency that 
     receives applicable funding for a fiscal year shall disburse 
     the applicable funding to local educational agencies for 
     alternative uses under paragraph (1) for the fiscal year at 
     the same time as the State educational agency disburses the 
     applicable funding to local educational agencies that do not 
     intend to use the applicable funding for such alternative 
     uses for the fiscal year.
       ``(c) Rule for Administrative Costs.--A State educational 
     agency or a local educational agency shall only use 
     applicable funding (as defined in subsection (a)(3) or 
     (b)(3), respectively) for administrative costs incurred in 
     carrying out a provision listed in subsection (a)(1) or 
     (b)(1), respectively, to the extent that the agency, in the 
     absence of this section, could have used funds for 
     administrative costs with respect to a program listed in 
     subsection (a)(3) or (b)(3), respectively.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to relieve a State educational agency or local 
     educational agency of any requirements relating to--
       ``(1) use of Federal funds to supplement, not supplant, 
     non-Federal funds;
       ``(2) comparability of services;
       ``(3) equitable participation of private school students 
     and teachers;
       ``(4) applicable civil rights requirements;
       ``(5) section 1113; or
       ``(6) section 1111.''.

     SEC. 104. SCHOOL IMPROVEMENT.

       Section 1003 (20 U.S.C. 6303) is amended--
       (1) in subsection (a)--
       (A) by striking ``2 percent'' and inserting ``7 percent''; 
     and
       (B) by striking ``subpart 2 of part A'' and all that 
     follows through ``sections 1116 and 1117,'' and inserting 
     ``chapter B of subpart 1 of part A for each fiscal year to 
     carry out subsection (b),'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``for schools identified 
     for school improvement, corrective action, and restructuring, 
     for activities under section 1116(b)'' and inserting ``to 
     carry out the State's system of school improvement under 
     section 1111(b)(3)(B)(iii)''; and
       (B) in paragraph (2), by striking ``or educational service 
     agencies'' and inserting ``, educational service agencies, or 
     non-profit or for-profit external providers with expertise in 
     using evidence-based or other effective strategies to improve 
     student achievement'';
       (3) in subsection (c)--
       (A) in paragraph (1), by inserting ``and'' at the end;
       (B) in paragraph (2), by striking ``need for such funds; 
     and'' and inserting ``commitment to using such funds to 
     improve such schools.''; and
       (C) by striking paragraph (3);
       (4) in subsection (d)(1), by striking ``subpart 2 of part 
     A;'' and inserting ``chapter B of subpart 1 of part A;'';
       (5) in subsection (e)--
       (A) by striking ``in any fiscal year'' and inserting ``in 
     fiscal year 2016 and each subsequent fiscal year'';
       (B) by striking ``subpart 2'' and inserting ``chapter B of 
     subpart 1 of part A''; and
       (C) by striking ``such subpart'' and inserting ``such 
     chapter'';
       (6) in subsection (f), by striking ``and the percentage of 
     students from each school from families with incomes below 
     the poverty line''; and
       (7) by striking subsection (g).

     SEC. 105. DIRECT STUDENT SERVICES.

       The Act (20 U.S.C. 6301 et seq.) is amended by inserting 
     after section 1003 the following:

     ``SEC. 1003A. DIRECT STUDENT SERVICES.

       ``(a) State Reservation.--Each State shall reserve 3 
     percent of the amount the State receives under chapter B of 
     subpart 1 of part A for each fiscal year to carry out this 
     section. Of such reserved funds, the State educational agency 
     may use up to 1 percent to administer direct student 
     services.
       ``(b) Direct Student Services.--From the amount available 
     after the application of subsection (a), each State shall 
     award grants in accordance with this section to local 
     educational agencies to support direct student services.
       ``(c) Awards.--The State educational agency shall award 
     grants to geographically diverse local educational agencies 
     including suburban, rural, and urban local educational 
     agencies. If there are not enough funds to award all 
     applicants in a sufficient size and scope to run an effective 
     direct student services program, the State shall prioritize 
     awards to local educational agencies with the greatest number 
     of students with disabilities, neglected, delinquent, migrant 
     students, English learners, at-risk students, and Native 
     Americans, to increase academic achievement of such students.
       ``(d) Local Use of Funds.--A local educational agency 
     receiving an award under this section--
       ``(1) shall use up to 1 percent of each award for outreach 
     and communication to parents about their options and to 
     register students for direct student services;
       ``(2) may use not more than 2 percent of each award for 
     administrative costs related to direct student services; and
       ``(3) shall use the remainder of the award to pay the 
     transportation required to provide public school choice or 
     the hourly rate for high-quality academic tutoring services, 
     as determined by a provider on the State-approved list 
     required under subsection (f)(2).
       ``(e) Application.--A local educational agency desiring to 
     receive an award under subsection (b) shall submit an 
     application describing how the local educational agency 
     will--
       ``(1) provide adequate outreach to ensure parents can 
     exercise a meaningful choice of direct student services for 
     their child's education;
       ``(2) ensure parents have adequate time and information to 
     make a meaningful choice prior to enrolling their child in a 
     direct student service;
       ``(3) ensure sufficient availability of seats in the public 
     schools the local educational agency will make available for 
     public school choice options;
       ``(4) determine the requirements or criteria for student 
     eligibility for direct student services;

[[Page 2683]]

       ``(5) select a variety of providers of high-quality 
     academic tutoring from the State-approved list required under 
     subsection (f)(2) and ensure fair negotiations in selecting 
     such providers of high-quality academic tutoring, including 
     online, on campus, and other models of tutoring which provide 
     meaningful choices to parents to find the best service for 
     their child; and
       ``(6) develop an estimated per pupil expenditure available 
     for eligible students to use toward high-quality academic 
     tutoring which shall allow for an adequate level of services 
     to increase academic achievement from a variety of high-
     quality academic tutoring providers.
       ``(f) Providers and Schools.--The State--
       ``(1) shall ensure that each local educational agency 
     receiving an award to provide public school choice can 
     provide a sufficient number of options to provide a 
     meaningful choice for parents;
       ``(2) shall compile a list of State-approved high-quality 
     academic tutoring providers that includes online, on campus, 
     and other models of tutoring; and
       ``(3) shall ensure that each local educational agency 
     receiving an award will provide an adequate number of high-
     quality academic tutoring options to ensure parents have a 
     meaningful choice of services.''.

     SEC. 106. STATE ADMINISTRATION.

       Section 1004 (20 U.S.C. 6304) is amended to read as 
     follows:

     ``SEC. 1004. STATE ADMINISTRATION.

       ``(a) In General.--Except as provided in subsection (b), to 
     carry out administrative duties assigned under subparts 1, 2, 
     and 3 of part A of this title, each State may reserve the 
     greater of--
       ``(1) 1 percent of the amounts received under such 
     subparts; or
       ``(2) $400,000 ($50,000 in the case of each outlying area).
       ``(b) Exception.--If the sum of the amounts reserved under 
     subparts 1, 2, and 3 of part A of this title is equal to or 
     greater than $14,000,000,000, then the reservation described 
     in subsection (a)(1) shall not exceed 1 percent of the amount 
     the State would receive if $14,000,000,000 were allocated 
     among the States for subparts 1, 2, and 3 of part A of this 
     title.''.

  Subtitle B--Improving the Academic Achievement of the Disadvantaged

     SEC. 111. PART A HEADINGS.

       (a) Part Heading.--The part heading for part A of title I 
     (20 U.S.C. 6311 et seq.) is amended to read as follows:

  ``PART A--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED''.

       (b) Subpart 1 Heading.--The Act is amended by striking the 
     subpart heading for subpart 1 of part A of title I (20 U.S.C. 
     6311 et seq.) and inserting the following:

  ``Subpart 1--Improving Basic Programs Operated by Local Educational 
                                Agencies

               ``CHAPTER A--BASIC PROGRAM REQUIREMENTS''.

       (c) Subpart 2 Heading.--The Act is amended by striking the 
     subpart heading for subpart 2 of part A of title I (20 U.S.C. 
     6331 et seq.) and inserting the following:

                      ``CHAPTER B--ALLOCATIONS''.

     SEC. 112. STATE PLANS.

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

     ``SEC. 1111. STATE PLANS.

       ``(a) Filing for Grants.--
       ``(1) In general.--For any State desiring to receive a 
     grant under this subpart, the State educational agency file 
     with the Secretary a plan, developed by the State educational 
     agency, in consultation with local educational agencies, 
     teachers, school leaders, public charter school 
     representatives, specialized instructional support personnel, 
     other appropriate school personnel, parents, private sector 
     employers, entrepreneurs, and representatives of Indian 
     tribes located in the State, that satisfies the requirements 
     of this section and that is coordinated with other programs 
     under 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 part of a consolidated plan 
     under section 6302.
       ``(b) Academic Standards, Academic Assessments, and State 
     Accountability.--
       ``(1) Academic standards.--
       ``(A) In general.--Each State plan shall demonstrate that 
     the State has adopted academic content standards and academic 
     achievement standards aligned with such content standards 
     that comply with the requirements of this paragraph.
       ``(B) Subjects.--The State shall have such academic 
     standards for mathematics, reading or language arts, and 
     science, and may have such standards for any other subject 
     determined by the State.
       ``(C) Requirements.--The standards described in 
     subparagraph (A) shall--
       ``(i) apply to all public schools and public school 
     students in the State; and
       ``(ii) with respect to academic achievement standards, 
     include the same knowledge, skills, and levels of achievement 
     expected of all public school students in the State.
       ``(D) Alternate academic achievement standards.--
     Notwithstanding any other provision of this paragraph, a 
     State retains the right, through a documented and validated 
     standards-setting process, to adopt alternate academic 
     achievement standards for students with the most significant 
     cognitive disabilities, if--
       ``(i) the determination about whether the achievement of an 
     individual student should be measured against such standards 
     is made separately for each student; and
       ``(ii) such standards--

       ``(I) are aligned with the State academic standards 
     required under subparagraph (A);
       ``(II) promote access to the general curriculum; and
       ``(III) reflect professional judgment as to the highest 
     possible standards achievable by such students.

       ``(E) English language proficiency standards.--Each State 
     plan shall describe how the State educational agency will 
     establish English language proficiency standards that are--
       ``(i) derived from the four recognized domains of speaking, 
     listening, reading, and writing; and
       ``(ii) aligned with the State's academic content standards 
     in reading or language arts under subparagraph (A).
       ``(2) Academic assessments.--
       ``(A) In general.--Each State plan shall demonstrate that 
     the State educational agency, in consultation with local 
     educational agencies, has implemented a set of high-quality 
     student academic assessments in mathematics, reading or 
     language arts, and science. The State retains the right to 
     implement such assessments in any other subject chosen by the 
     State.
       ``(B) Requirements.--Such assessments shall--
       ``(i) in the case of mathematics and reading or language 
     arts, be used in determining the performance of each local 
     educational agency and public school in the State in 
     accordance with the State's accountability system under 
     paragraph (3);
       ``(ii) be the same academic assessments used to measure the 
     academic achievement of all public school students in the 
     State;
       ``(iii) be aligned with the State's academic standards and 
     provide coherent and timely information about student 
     attainment of such standards;
       ``(iv) be used for purposes for which such assessments are 
     valid and reliable, be of adequate technical quality for each 
     purpose required under this Act, and be consistent with 
     relevant, nationally recognized professional and technical 
     standards;
       ``(v)(I) in the case of mathematics and reading or language 
     arts, be administered in each of grades 3 through 8 and at 
     least once in grades 9 through 12;
       ``(II) in the case of science, be administered not less 
     than one time during--

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

       ``(III) in the case of any other subject chosen by the 
     State, be administered at the discretion of the State;
       ``(vi) measure individual student academic proficiency and, 
     at the State's discretion, growth;
       ``(vii) at the State's discretion--

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

       ``(viii) include measures that assess higher-order thinking 
     skills and understanding;
       ``(ix) provide for--

       ``(I) the participation in such assessments of all 
     students;
       ``(II) the reasonable adaptations and accommodations for 
     students with disabilities necessary to measure the academic 
     achievement of such students relative to the State's academic 
     standards; and
       ``(III) the inclusion of English learners, who shall be 
     assessed in a valid and reliable manner and provided 
     reasonable accommodations, including, to the extent 
     practicable, assessments in the language and form most likely 
     to yield accurate and reliable information on what such 
     students know and can do in academic content areas, until 
     such students have achieved English language proficiency, as 
     assessed by the State under subparagraph (D);

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

[[Page 2684]]

     school by gender, by each major racial and ethnic group, by 
     English language proficiency status, by migrant status, by 
     status as a student with a disability, by status as a student 
     with a parent who is an active duty member of the Armed 
     Forces (as defined in section 101(a)(4) of title 10, United 
     States Code), and by economically disadvantaged status, 
     except that, in the case of a local educational agency or a 
     school, such disaggregation shall not be required in a case 
     in which the number of students in a category is insufficient 
     to yield statistically reliable information or the results 
     would reveal personally identifiable information about an 
     individual student;
       ``(xiii) be administered to not less than 95 percent of all 
     students, and not less than 95 percent of each subgroup of 
     students described in paragraph (3)(B)(ii)(II); and
       ``(xiv) where practicable, be developed using the 
     principles of universal design for learning as defined in 
     section 103(24) of the Higher Education Act of 1965 (20 
     U.S.C. 1003(24)).
       ``(C) Alternate assessments.--A State may provide for 
     alternate assessments aligned with the alternate academic 
     standards adopted in accordance with paragraph (1)(D), for 
     students with the most significant cognitive disabilities, if 
     the State--
       ``(i) establishes and monitors implementation of clear and 
     appropriate guidelines for individualized education program 
     teams (as defined in section 614(d)(1)(B) of the Individuals 
     with Disabilities Education Act) to apply when determining, 
     on an annual and subject-by-subject basis, when a child's 
     significant cognitive disability justifies assessment based 
     on alternate achievement standards;
       ``(ii) ensures that the parents of such students are 
     clearly informed, as part of the process for developing the 
     Individualized Education Program (as defined in section 
     614(d)(1)(A) of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1414(d)(1)(A)), that--

       ``(I) their child's academic achievement will be measured 
     against such alternate standards; and
       ``(II) whether participation in such assessments precludes 
     the student from completing the requirements for a regular 
     high school diploma as defined in section 6101(36)(A);
       ``(iii) ensures that students with the most significant 
     cognitive disabilities who take an alternate assessment based 
     on alternate academic achievement standards are not precluded 
     from attempting to complete the requirements for a regular 
     secondary school diploma, as determined by the State;

       ``(iv) demonstrates that such students are, to the extent 
     practicable, included in the general curriculum and that such 
     alternate assessments are aligned with such curriculum;
       ``(v) develops, disseminates information about, and 
     promotes the use of appropriate accommodations to increase 
     the number of students with disabilities who are tested 
     against academic achievement standards for the grade in which 
     a student is enrolled; and
       ``(vi) ensures that regular and special education teachers 
     and other appropriate staff know how to administer the 
     alternate assessments, including making appropriate use of 
     accommodations for students with disabilities.
       ``(D) Assessments of english language proficiency.--
       ``(i) In general.--Each State plan shall demonstrate that 
     local educational agencies in the State will provide for an 
     annual assessment of English proficiency of all English 
     learners in the schools served by the State educational 
     agency.
       ``(ii) Alignment.--The assessments described in clause (i) 
     shall be aligned with the State's English language 
     proficiency standards described in paragraph (1)(E).
       ``(E) Language assessments.--Each State plan shall identify 
     the languages other than English that are present in the 
     participating student population and indicate the languages 
     for which yearly student academic assessments are not 
     available and are needed. The State shall make every effort 
     to develop such assessments and may request assistance from 
     the Secretary if linguistically accessible academic 
     assessment measures are needed. Upon request, the Secretary 
     shall assist with the identification of appropriate academic 
     assessment measures in the needed languages, but shall not 
     mandate a specific academic assessment or mode of 
     instruction.
       ``(F) Adaptive assessments.--A State retains the right to 
     develop and administer computer adaptive assessments as the 
     assessments required under subparagraph (A). If a State 
     develops and administers a computer adaptive assessment for 
     such purposes, the assessment shall meet the requirements of 
     this paragraph, except as follows:
       ``(i) Notwithstanding subparagraph (B)(iii), the 
     assessment--

       ``(I) shall measure, at a minimum, each student's academic 
     proficiency against the State's academic standards for the 
     student's grade level and growth toward such standards; and
       ``(II) if the State chooses, may be used to measure the 
     student's level of academic proficiency and growth using 
     assessment items above or below the student's grade level, 
     including for use as part of a State's accountability system 
     under paragraph (3).

       ``(ii) Subparagraph (B)(ii) shall not be interpreted to 
     require that all students taking the computer adaptive 
     assessment be administered the same assessment items.
       ``(3) State accountability systems.--
       ``(A) In general.--Each State plan shall demonstrate that 
     the State has developed and is implementing a single, 
     statewide accountability system to ensure that all public 
     school students graduate from high school prepared for 
     postsecondary education or the workforce without the need for 
     remediation.
       ``(B) Elements.--Each State accountability system described 
     in subparagraph (A) shall at a minimum--
       ``(i) annually measure the academic achievement of all 
     public school students in the State against the State's 
     mathematics and reading or language arts academic standards 
     adopted under paragraph (1), which may include measures of 
     student growth toward such standards, using the mathematics 
     and reading or language arts assessments described in 
     paragraph (2)(B) and other valid and reliable academic 
     indicators related to student achievement as identified by 
     the State;
       ``(ii) annually evaluate and identify the academic 
     performance of each public school in the State based on--

       ``(I) student academic achievement as measured in 
     accordance with clause (i);
       ``(II) the overall performance, and achievement gaps as 
     compared to all students in the school, for economically 
     disadvantaged students, students from major racial and ethnic 
     groups, students with disabilities, and English learners, 
     except that disaggregation of data under this subclause 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; and
       ``(III) other measures of school success; and

       ``(iii) include a system for school improvement for low-
     performing public schools receiving funds under this subpart 
     that--

       ``(I) implements interventions in such schools that are 
     designed to address such schools' weaknesses; and
       ``(II) is implemented by local educational agencies serving 
     such schools.

       ``(C) Prohibition.--Nothing in this section shall be 
     construed to permit the Secretary to establish any criteria 
     that specifies, defines, or prescribes any aspect of a 
     State's accountability system developed and implemented in 
     accordance with this paragraph.
       ``(D) Accountability for charter schools.--The 
     accountability provisions under this Act shall be overseen 
     for charter schools in accordance with State charter school 
     law.
       ``(E) Recently arrived english learners.--A State may delay 
     inclusion of the academic achievement of English learners for 
     purposes of the evaluation and identification described in 
     subparagraph (B)(ii) if such students have attended schools 
     in the 50 states or the District of Columbia for less than 
     two years (in the case of mathematics) and less than three 
     years (in the case of reading or language arts), except that 
     if the State uses growth calculations as described in clause 
     (i) of such subparagraph in such evaluation and 
     identification, the State shall include such students in such 
     calculations.
       ``(4) Requirements.--Each State plan shall describe--
       ``(A) how the State educational agency will assist each 
     local educational agency and each public school affected by 
     the State plan to comply with the requirements of this 
     subpart, including how the State educational agency will work 
     with local educational agencies to provide technical 
     assistance; and
       ``(B) how the State educational agency will ensure that the 
     results of the State assessments described in paragraph (2), 
     the other indicators selected by the State under paragraph 
     (3)(B)(i), and the school evaluations described in paragraph 
     (3)(B)(ii), will be promptly provided to local educational 
     agencies, schools, teachers, and parents in a manner that is 
     clear and easy to understand, 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.
       ``(5) Timeline for implementation.--Each State plan shall 
     describe the process by which the State will adopt and 
     implement the State academic standards, assessments, and 
     accountability system required under this section within 2 
     years of enactment of the Student Success Act.
       ``(6) Existing standards.--Nothing in this subpart shall 
     prohibit a State from revising, consistent with this section, 
     any standard adopted under this section before or after the 
     date of the enactment of the Student Success Act.
       ``(7) Existing state law.--Nothing in this section shall be 
     construed to alter any State law or regulation granting 
     parents authority over schools that repeatedly failed to make 
     adequate yearly progress under this section, as in effect on 
     the day before the date of the enactment of the Student 
     Success Act.
       ``(c) Other Provisions To Support Teaching and Learning.--
     Each State plan shall contain assurances that--
       ``(1) the State will notify local educational agencies, 
     schools, teachers, parents, and the public of the academic 
     standards, academic assessments, and State accountability 
     system developed and implemented under this section;
       ``(2) the State will participate in biennial State academic 
     assessments of 4th and 8th grade reading and mathematics 
     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;
       ``(3) the State educational agency will notify local 
     educational agencies and the public of the authority to 
     operate schoolwide programs;

[[Page 2685]]

       ``(4) the State educational agency will provide the least 
     restrictive and burdensome regulations for local educational 
     agencies and individual schools participating in a program 
     assisted under this subpart;
       ``(5) the State educational agency will encourage schools 
     to consolidate funds from other Federal, State, and local 
     sources for schoolwide reform in schoolwide programs under 
     section 1114;
       ``(6) the State educational agency will modify or eliminate 
     State fiscal and accounting barriers so that schools can 
     easily consolidate funds from other Federal, State, and local 
     sources for schoolwide programs under section 1114; and
       ``(7) the State educational agency will inform local 
     educational agencies in the State of the local educational 
     agency's authority to transfer funds under section 1002 and 
     to obtain waivers under section 6401.
       ``(d) Parental Involvement.--Each State plan shall describe 
     how the State educational agency will support the collection 
     and dissemination to local educational agencies and schools 
     of effective parental involvement practices. Such practices 
     shall--
       ``(1) be based on the most current research that meets the 
     highest professional and technical standards on effective 
     parental involvement that fosters achievement to high 
     standards for all children;
       ``(2) be geared toward lowering barriers to greater 
     participation by parents in school planning, review, and 
     improvement; and
       ``(3) be coordinated with programs funded under subpart 3 
     of part A of title III.
       ``(e) Peer Review and Secretarial Approval.--
       ``(1) Establishment.--Notwithstanding section 6543, the 
     Secretary shall--
       ``(A) establish a peer-review process to assist in the 
     review of State plans; and
       ``(B) appoint individuals to the peer-review process who 
     are representative of parents, teachers, State educational 
     agencies, local educational agencies, and private sector 
     employers (including representatives of entrepreneurial 
     ventures), and who are familiar with educational standards, 
     assessments, accountability, the needs of low-performing 
     schools, and other educational needs of students, and ensure 
     that 65 percent of such appointees are practitioners and 10 
     percent are representatives of private sector employers.
       ``(2) Approval.--The Secretary shall--
       ``(A) approve a State plan within 120 days of its 
     submission;
       ``(B) disapprove of the State plan only if the Secretary 
     demonstrates how the State plan fails to meet the 
     requirements of this section and immediately notifies the 
     State of such determination and the reasons for such 
     determination;
       ``(C) 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
       ``(D) have the authority to disapprove a State plan for not 
     meeting the requirements of this subpart, 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 
     standards or State accountability system, or to use specific 
     academic assessments or other indicators.
       ``(3) State revisions.--A State plan shall be revised by 
     the State educational agency if it is necessary to satisfy 
     the requirements of this section.
       ``(4) Public review.--All communications, feedback, and 
     notifications under this subsection shall be conducted in a 
     manner that is immediately made available to the public 
     through the website of the Department, including--
       ``(A) peer review guidance;
       ``(B) the names of the peer reviewers;
       ``(C) State plans submitted or resubmitted by a State, 
     including the current approved plans;
       ``(D) peer review notes;
       ``(E) State plan determinations by the Secretary, including 
     approvals or disapprovals, and any deviations from the peer 
     reviewers' recommendations with an explanation of the 
     deviation; and
       ``(F) hearings.
       ``(5) Prohibition.--The Secretary, and the Secretary's 
     staff, may not attempt to participate in, or influence, the 
     peer review process. No Federal employee may participate in, 
     or attempt to influence the peer review process, except to 
     respond to questions of a technical nature, which shall be 
     publicly reported.
       ``(6) Rule of Construction.--A State plan shall be presumed 
     approved upon submission unless the Secretary finds that the 
     plan does not meet one of the required elements, but in no 
     case shall a deficiency be found due to the content of the 
     material submitted.
       ``(f) 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 subpart; 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 subpart.
       ``(2) Additional information.--If a State makes significant 
     changes to its State plan, such as the adoption of new State 
     academic standards or new academic assessments, or adopts a 
     new State accountability system, such information shall be 
     submitted to the Secretary under subsection (e)(2) for 
     approval.
       ``(g) Failure To Meet Requirements.--If a State fails to 
     meet any of the requirements of this section then the 
     Secretary shall withhold funds for State administration under 
     this subpart until the Secretary determines that the State 
     has fulfilled those requirements.
       ``(h) Reports.--
       ``(1) Annual state report card.--
       ``(A) In general.--A State that receives assistance under 
     this subpart 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 
     that is developed in consultation with parents and, to the 
     extent practicable, provided in a language that parents can 
     understand.
       ``(C) Required information.--The State shall include in its 
     annual State report card information on--
       ``(i) the performance of students, in the aggregate and 
     disaggregated by the categories of students described in 
     subsection (b)(2)(B)(xii) (except that such disaggregation 
     shall not be required in a case in which the number of 
     students in a category is insufficient to yield statistically 
     reliable information or the results would reveal personally 
     identifiable information about an individual student), on the 
     State academic assessments described in subsection (b)(2);
       ``(ii) the participation rate on such assessments, in the 
     aggregate and disaggregated in accordance with clause (i);
       ``(iii) the performance of students, in the aggregate and 
     disaggregated in accordance with clause (i), on other 
     academic indicators described in subsection (b)(3)(B)(i);
       ``(iv) the number, percentage, and disability category of 
     students with significant cognitive disabilities 
     participating in the alternate assessments described in 
     subsection (b)(2)(C) (except that such reporting shall not be 
     required in a case in which the results would reveal 
     personally identifiable information about an individual 
     student);
       ``(v) for each public high school in the State, in the 
     aggregate and disaggregated in accordance with clause (i)--

       ``(I) the four-year adjusted cohort graduation rate, and
       ``(II) if applicable, the extended-year adjusted cohort 
     graduation rate, reported separately for students graduating 
     in 5 years or less, students graduating in 6 years or less, 
     and students graduating in 7 or more years;

       ``(vi) each public school's evaluation results as 
     determined in accordance with subsection (b)(3)(B)(ii);
       ``(vii) the acquisition of English proficiency by English 
     learners;
       ``(viii) if appropriate, as determined by the State, the 
     number and percentage of teachers in each category 
     established under section 2123(1), except that such 
     information shall not reveal personally identifiable 
     information about an individual teacher; and
       ``(ix) the results of the assessments described in 
     subsection (c)(2).
       ``(D) Optional information.--The State may include in its 
     annual State report card such other information as the State 
     believes will best provide parents, students, and other 
     members of the public with information regarding the progress 
     of each of the State's public elementary schools and public 
     secondary schools, such as the number of students enrolled in 
     each public secondary school in the State attaining career 
     and technical proficiencies, as defined in section 
     113(b)(2)(A) of the Carl D. Perkins Career and Technical 
     Education Act of 2006, and reported by the State in a manner 
     consistent with section 113(c) of such Act.
       ``(E) Data.--All personal, private student data shall be 
     prohibited from use beyond assessing student performance as 
     provided for in subparagraph (C). The State's annual report 
     shall only use such data as sufficient to yield statistically 
     reliable information, and does not reveal personally 
     identifiable information about individual students.
       ``(2) Annual local educational agency report cards.--
       ``(A) In general.--A local educational agency that receives 
     assistance under this subpart 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, 
     information that shows how students served by the local 
     educational agency achieved on the statewide academic 
     assessment and other academic indicators adopted in 
     accordance with subsection (b)(3)(B)(i) compared to students 
     in the State as a whole; and
       ``(ii) in the case of a school, the school's evaluation 
     under subsection (b)(3)(B)(ii).
       ``(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

[[Page 2686]]

     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 information described in this 
     paragraph to all schools served by the local educational 
     agency and to all parents of students attending those schools 
     in an understandable and uniform format, and, to the extent 
     practicable, in a language that 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, except that if a 
     local educational agency issues a report card for all 
     students, the local educational agency may include the 
     information under this section as part of such report.
       ``(3) Preexisting report cards.--A State educational agency 
     or local educational agency may use public report cards on 
     the performance of students, schools, local educational 
     agencies, or the State, that were in effect prior to the 
     enactment of the Student Success Act for the purpose of this 
     subsection, so long as any such report card is modified, as 
     may be needed, to contain the information required by this 
     subsection, and protects the privacy of individual students.
       ``(4) 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 information on the 
     level of achievement of the parent's child in each of the 
     State academic assessments and other academic indicators 
     adopted in accordance with this subpart.
       ``(B) 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.
       ``(i) Privacy.--Information collected under this section 
     shall be collected and disseminated in a manner that protects 
     the privacy of individuals consistent with section 444 of the 
     General Education Provisions Act and this Act.
       ``(j) Voluntary Partnerships.--A State retains the right to 
     enter into a voluntary partnership with another State to 
     develop and implement the academic standards and assessments 
     required under this section, except that the Secretary shall 
     not, either directly or indirectly, attempt to influence, 
     incentivize, or coerce State--
       ``(1) adoption of the Common Core State Standards developed 
     under the Common Core State Standards Initiative, any other 
     academic standards common to a significant number of States, 
     or assessments tied to such standards; or
       ``(2) participation in any such partnerships.
       ``(k) Construction.--Nothing in this part shall be 
     construed to prescribe the use of the academic assessments 
     described in this part for student promotion or graduation 
     purposes.
       ``(l) Special Rule With Respect To Bureau-Funded Schools.--
     In determining the assessments to be used by each school 
     operated or funded by the Bureau of Indian Education 
     receiving funds under this subpart, the following shall 
     apply:
       ``(1) Each such school that is accredited by the State in 
     which it is operating shall use the assessments and other 
     academic indicators the State has developed and implemented 
     to meet the requirements of this section, or such other 
     appropriate assessment and academic indicators as approved by 
     the Secretary of the Interior.
       ``(2) Each such school that is accredited by a regional 
     accrediting organization shall adopt an appropriate 
     assessment and other academic indicators, in consultation 
     with and with the approval of, the Secretary of the Interior 
     and consistent with assessments and academic indicators 
     adopted by other schools in the same State or region, that 
     meet the requirements of this section.
       ``(3) Each such school that is accredited by a tribal 
     accrediting agency or tribal division of education shall use 
     an assessment and other academic indicators developed by such 
     agency or division, except that the Secretary of the Interior 
     shall ensure that such assessment and academic indicators 
     meet the requirements of this section.''.

     SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS.

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

     ``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

       ``(a) Plans Required.--
       ``(1) Subgrants.--A local educational agency may receive a 
     subgrant under this subpart for any fiscal year only if such 
     agency has on file with the State educational agency a plan, 
     approved by the State educational agency, that is coordinated 
     with other programs under this Act, the Individuals with 
     Disabilities Education Act, the Carl D. Perkins Career and 
     Technical Education Act of 2006, the McKinney-Vento Homeless 
     Assistance Act, and other Acts, as appropriate.
       ``(2) Consolidated application.--The plan may be submitted 
     as part of a consolidated application under section 6305.
       ``(b) Plan Provisions.--Each local educational agency plan 
     shall describe--
       ``(1) how the local educational agency will monitor, in 
     addition to the State assessments described in section 
     1111(b)(2), students' progress in meeting the State's 
     academic standards;
       ``(2) how the local educational agency will identify 
     quickly and effectively those students who may be at risk of 
     failing to meet the State's academic standards;
       ``(3) how the local educational agency will provide 
     additional educational assistance to individual students in 
     need of additional help in meeting the State's academic 
     standards;
       ``(4) how the local educational agency will implement the 
     school improvement system described in section 
     1111(b)(3)(B)(iii) for any of the agency's schools identified 
     under such section;
       ``(5) how the local educational agency will coordinate 
     programs under this subpart with other programs under this 
     Act and other Acts, as appropriate;
       ``(6) the poverty criteria that will be used to select 
     school attendance areas under section 1113;
       ``(7) how teachers, in consultation with parents, 
     administrators, and specialized instructional support 
     personnel, in targeted assistance schools under section 1115, 
     will identify the eligible children most in need of services 
     under this subpart;
       ``(8) in general, the nature of the programs to be 
     conducted by the local educational agency's schools under 
     sections 1114 and 1115, and, where appropriate, educational 
     services outside such schools for children living in local 
     institutions for neglected and delinquent children, and for 
     neglected and delinquent children in community day school 
     programs;
       ``(9) how the local educational agency will ensure that 
     migratory children who are eligible to receive services under 
     this subpart are selected to receive such services on the 
     same basis as other children who are selected to receive 
     services under this subpart;
       ``(10) the services the local educational agency will 
     provide homeless children, including services provided with 
     funds reserved under section 1113(c)(3)(A);
       ``(11) the strategy the local educational agency will use 
     to implement effective parental involvement under section 
     1118;
       ``(12) if appropriate, how the local educational agency 
     will use funds under this subpart to support preschool 
     programs for children, particularly children participating in 
     a Head Start program, which services may be provided directly 
     by the local educational agency or through a subcontract with 
     the local Head Start agency designated by the Secretary of 
     Health and Human Services under section 641 of the Head Start 
     Act, or another comparable early childhood development 
     program;
       ``(13) how the local educational agency, through incentives 
     for voluntary transfers, the provision of professional 
     development, recruitment programs, incentive pay, performance 
     pay, or other effective strategies, will address disparities 
     in the rates of low-income and minority students and other 
     students being taught by ineffective teachers;
       ``(14) if appropriate, how the local educational agency 
     will use funds under this subpart to support programs that 
     coordinate and integrate--
       ``(A) career and technical education aligned with State 
     technical standards that promote skills attainment important 
     to in-demand occupations or industries in the State and the 
     State's academic standards under section 1111(b)(1); and
       ``(B) work-based learning opportunities that provide 
     students in-depth interaction with industry professionals; 
     and
       ``(15) if appropriate, how the local educational agency 
     will use funds under this subpart to support dual enrollment 
     programs, early college high schools, and Advanced Placement 
     or International Baccalaureate programs.
       ``(c) Assurances.--Each local educational agency plan shall 
     provide assurances that the local educational agency will--
       ``(1) participate, if selected, in biennial State academic 
     assessments of 4th and 8th grade reading and mathematics 
     under the National Assessment of Educational Progress carried 
     out under section 303(b)(2) of the National Assessment of 
     Educational Progress Authorization Act;
       ``(2) inform schools of schoolwide program authority and 
     the ability to consolidate funds from Federal, State, and 
     local sources;
       ``(3) provide technical assistance to schoolwide programs;
       ``(4) provide services to eligible children attending 
     private elementary and secondary schools in accordance with 
     section 1120, and timely and meaningful consultation with 
     private school officials or representatives regarding such 
     services;
       ``(5) in the case of a local educational agency that 
     chooses to use funds under this subpart to provide early 
     childhood development services to low-income children below 
     the age of compulsory school attendance, ensure that such 
     services comply with the performance standards established 
     under section 641A(a) of the Head Start Act;
       ``(6) inform eligible schools of the local educational 
     agency's authority to request waivers on the school's behalf 
     under title VI; and
       ``(7) ensure that the results of the academic assessments 
     required under section 1111(b)(2) will be provided to parents 
     and teachers as soon as is practicably possible after the 
     test is taken, in an understandable and uniform format and, 
     to the extent practicable, provided in a language that the 
     parents can understand.
       ``(d) Special Rule.--In carrying out subsection (c)(5), the 
     Secretary shall--
       ``(1) consult with the Secretary of Health and Human 
     Services and shall establish procedures (taking into 
     consideration existing State and local laws, and local 
     teacher contracts) to assist local educational agencies to 
     comply with such subparagraph; and
       ``(2) disseminate to local educational agencies the 
     education performance standards in effect

[[Page 2687]]

     under section 641A(a) of the Head Start Act, and such 
     agencies affected by such subsection shall plan for the 
     implementation of such subsection (taking into consideration 
     existing State and local laws, and local teacher contracts).
       ``(e) Plan Development and Duration.--
       ``(1) Consultation.--Each local educational agency plan 
     shall be developed in consultation with teachers, school 
     leaders, public charter school representatives, 
     administrators, and other appropriate school personnel, and 
     with parents of children in schools served under this 
     subpart.
       ``(2) Duration.--Each such plan shall be submitted for the 
     first year for which this part is in effect following the 
     date of the enactment of this Act and shall remain in effect 
     for the duration of the agency's participation under this 
     subpart.
       ``(3) Review.--Each local educational agency shall 
     periodically review and, as necessary, revise its plan.
       ``(f) State Approval.--
       ``(1) In general.--Each local educational agency plan shall 
     be filed according to a schedule established by the State 
     educational agency.
       ``(2) Approval.--The State educational agency shall approve 
     a local educational agency's plan only if the State 
     educational agency determines that the local educational 
     agency's plan--
       ``(A) enables schools served under this subpart to 
     substantially help children served under this subpart to meet 
     the State's academic standards described in section 
     1111(b)(1); and
       ``(B) meets the requirements of this section.
       ``(3) Review.--The State educational agency shall review 
     the local educational agency's plan to determine if such 
     agency's activities are in accordance with section 1118.
       ``(g) Parental Notification.--
       ``(1) In general.--Each local educational agency using 
     funds under this subpart and subpart 4 to provide a language 
     instruction educational program shall, not later than 30 days 
     after the beginning of the school year, inform parents of an 
     English learner identified for participation, or 
     participating in, such a program of--
       ``(A) the reasons for the identification of their child as 
     an English learner and in need of placement in a language 
     instruction educational program;
       ``(B) the child's level of English proficiency, how such 
     level was assessed, and the status of the child's academic 
     achievement;
       ``(C) the methods of instruction used in the program in 
     which their child is, or will be participating, and the 
     methods of instruction used in other available programs, 
     including how such programs differ in content, instructional 
     goals, and the use of English and a native language in 
     instruction;
       ``(D) how the program in which their child is, or will be 
     participating, will meet the educational strengths and needs 
     of their child;
       ``(E) how such program will specifically help their child 
     learn English, and meet age-appropriate academic achievement 
     standards for grade promotion and graduation;
       ``(F) the specific exit requirements for the program, 
     including the expected rate of transition from such program 
     into classrooms that are not tailored for English learners, 
     and the expected rate of graduation from high school for such 
     program if funds under this subpart are used for children in 
     secondary schools;
       ``(G) in the case of a child with a disability, how such 
     program meets the objectives of the individualized education 
     program of the child; and
       ``(H) information pertaining to parental rights that 
     includes written guidance--
       ``(i) detailing--

       ``(I) the right that parents have to have their child 
     immediately removed from such program upon their request; and
       ``(II) the options that parents have to decline to enroll 
     their child in such program or to choose another program or 
     method of instruction, if available; and

       ``(ii) assisting parents in selecting among various 
     programs and methods of instruction, if more than one program 
     or method is offered by the eligible entity.
       ``(2) Notice.--The notice and information provided in 
     paragraph (1) to parents of a child identified for 
     participation in a language instruction educational program 
     for English learners shall be in an understandable and 
     uniform format and, to the extent practicable, provided in a 
     language that the parents can understand.
       ``(3) Special rule applicable during the school year.--For 
     those children who have not been identified as English 
     learners prior to the beginning of the school year the local 
     educational agency shall notify parents within the first 2 
     weeks of the child being placed in a language instruction 
     educational program consistent with paragraphs (1) and (2).
       ``(4) Parental participation.--Each local educational 
     agency receiving funds under this subpart shall implement an 
     effective means of outreach to parents of English learners to 
     inform the parents regarding how the parents can be involved 
     in the education of their children, and be active 
     participants in assisting their children to attain English 
     proficiency, achieve at high levels in core academic 
     subjects, and meet the State's academic standards expected of 
     all students, including holding, and sending notice of 
     opportunities for, regular meetings for the purpose of 
     formulating and responding to recommendations from parents of 
     students assisted under this subpart.
       ``(5) Basis for admission or exclusion.--A student shall 
     not be admitted to, or excluded from, any federally assisted 
     education program on the basis of a surname or language-
     minority status.''.

     SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS.

       Section 1113 (20 U.S.C. 6313) is amended--
       (1) by striking ``part'' each place it appears and 
     inserting ``subpart''; and
       (2) in subsection (c)(4)--
       (A) by striking ``subpart 2'' and inserting ``chapter B''; 
     and
       (B) by striking ``school improvement, corrective action, 
     and restructuring under section 1116(b)'' and inserting 
     ``school improvement under section 1111(b)(3)(B)(iii)''.

     SEC. 115. SCHOOLWIDE PROGRAMS.

       Section 1114 (20 U.S.C. 6314) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``part'' and inserting ``subpart''; and
       (ii) by striking ``in which'' through ``such families'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)(i), by striking ``part'' and 
     inserting ``subpart''; and
       (ii) in subparagraph (B)--

       (I) by striking ``children with limited English 
     proficiency'' and inserting ``English learners''; and
       (II) by striking ``part'' and inserting ``subpart'';

       (C) in paragraph (3)(B), by striking ``maintenance of 
     effort,'' after ``private school children,''; and
       (D) by striking paragraph (4);
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) by striking ``(including'' and all that follows through 
     ``1309(2))''; and
       (II) by striking ``content standards and the State student 
     academic achievement standards'' and inserting ``standards'';

       (ii) in subparagraph (B)--

       (I) in clause (i), by striking ``proficient'' and all that 
     follows through ``section 1111(b)(1)(D)'' and inserting 
     ``academic standards described in section 1111(b)(1)'';
       (II) in clause (ii), in the matter preceding subclause (I), 
     by striking ``based on scientifically based research'' and 
     inserting ``evidence-based'';
       (III) in clause (iii)--

       (aa) in subclause (I)--
       (AA) by striking ``student academic achievement standards'' 
     and inserting ``academic standards''; and
       (BB) by striking ``schoolwide program,'' and all that 
     follows through ``technical education programs; and'' and 
     inserting ``schoolwide programs; and''; and
       (bb) in subclause (II), by striking ``and'';

       (IV) in clause (iv)--

       (aa) by striking ``the State and local improvement plans'' 
     and inserting ``school improvement strategies''; and
       (bb) by striking the period and inserting ``; and''; and

       (V) by adding at the end the following new clause:

       ``(v) may be delivered by nonprofit or for-profit external 
     providers with expertise in using evidence-based or other 
     effective strategies to improve student achievement.'';
       (iii) in subparagraph (C), by striking ``highly qualified'' 
     and inserting ``effective'';
       (iv) in subparagraph (D)--

       (I) by striking ``In accordance with section 1119 and 
     subsection (a)(4), high-quality'' and inserting ``High-
     quality'';
       (II) by striking ``pupil services'' and inserting 
     ``specialized instructional support services''; and
       (III) by striking ``student academic achievement'' and 
     inserting ``academic'';

       (v) in subparagraph (E), by striking ``high-quality highly 
     qualified'' and inserting ``effective'';
       (vi) in subparagraph (G), by striking ``, such as Head 
     Start, Even Start, Early Reading First, or a State-run 
     preschool program,'';
       (vii) in subparagraph (H), by striking ``section 
     1111(b)(3)'' and inserting ``section 1111(b)(2)'';
       (viii) in subparagraph (I), by striking ``proficient or 
     advanced levels of academic achievement standards'' and 
     inserting ``State academic standards''; and
       (ix) in subparagraph (J), by striking ``vocational'' and 
     inserting ``career''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i)--

       (aa) by striking ``first develop'' and all that follows 
     through ``2001)'' and inserting ``have in place''; and
       (bb) by striking ``and its school support team or other 
     technical assistance provider under section 1117'';

       (II) in clause (ii), by striking ``part'' and inserting 
     ``subpart''; and
       (III) in clause (iv), by striking ``section 1111(b)(3)'' 
     and inserting ``section 1111(b)(2)''; and

       (ii) in subparagraph (B)--

       (I) in clause (i)--

       (aa) in subclause (I), by striking ``, after considering 
     the recommendation of the technical assistance providers 
     under section 1117,''; and
       (bb) in subclause (II), by striking ``No Child Left Behind 
     Act of 2001'' and inserting ``Student Success Act'';

       (II) in clause (ii)--

       (aa) by striking ``(including administrators of programs 
     described in other parts of this title)''; and
       (bb) by striking ``pupil services'' and inserting 
     ``specialized instructional support services'';

[[Page 2688]]

       (III) in clause (iii), by striking ``part'' and inserting 
     ``subpart''; and
       (IV) in clause (v), by striking ``Reading First, Early 
     Reading First, Even Start,''; and

       (3) in subsection (c)--
       (A) by striking ``part'' and inserting ``subpart''; and
       (B) by striking ``6,'' and all that follows through the 
     period at the end and inserting ``6.''.

     SEC. 116. TARGETED ASSISTANCE SCHOOLS.

       Section 1115 (20 U.S.C. 6315) is amended--
       (1) in subsection (a)--
       (A) by striking ``are ineligible for a schoolwide program 
     under section 1114, or that'';
       (B) by striking ``operate such'' and inserting ``operate''; 
     and
       (C) by striking ``part'' and inserting ``subpart'';
       (2) in subsection (b)--
       (A) in paragraph (1)(B), by striking ``challenging student 
     academic achievement'' and inserting ``academic'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``limited English proficient children'' and 
     inserting ``English learners''; and
       (II) by striking ``part'' each place it appears and 
     inserting ``subpart'';

       (ii) in subparagraph (B)--

       (I) in the heading, by striking ``, even start, or early 
     reading first'';
       (II) by striking ``, Even Start, or Early Reading First''; 
     and
       (III) by striking ``part'' and inserting ``subpart'';

       (iii) in subparagraph (C)--

       (I) by amending the heading to read as follows: ``Subpart 3 
     children.--'';
       (II) by striking ``part C'' and inserting ``subpart 3''; 
     and
       (III) by striking ``part'' and inserting ``subpart''; and

       (iv) in subparagraphs (D) and (E), by striking ``part'' 
     each place it appears and inserting ``subpart''; and
       (C) in paragraph (3), by striking ``part'' and inserting 
     ``subpart'';
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``part'' and inserting ``subpart''; and
       (II) by striking ``challenging student academic 
     achievement'' and inserting ``academic'';

       (ii) in subparagraph (A)--

       (I) by striking ``part'' and inserting ``subpart''; and
       (II) by striking ``challenging student academic 
     achievement'' and inserting ``academic'';

       (iii) in subparagraph (B), by striking ``part'' and 
     inserting ``subpart'';
       (iv) in subparagraph (C)--

       (I) in the matter preceding clause (i), by striking ``based 
     on scientifically based research'' and inserting ``evidence-
     based''; and
       (II) in clause (iii), by striking ``part'' and inserting 
     ``subpart'';

       (v) in subparagraph (D), by striking ``such as Head Start, 
     Even Start, Early Reading First or State-run preschool 
     programs'';
       (vi) in subparagraph (E), by striking ``highly qualified'' 
     and inserting ``effective'';
       (vii) in subparagraph (F)--

       (I) by striking ``in accordance with subsection (e)(3) and 
     section 1119,'';
       (II) by striking ``part'' and inserting ``subpart''; and
       (III) by striking ``pupil services personnel'' and 
     inserting ``specialized instructional support personnel''; 
     and

       (viii) in subparagraph (H), by striking ``vocational'' and 
     inserting ``career''; and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``proficient and advanced levels of achievement'' and 
     inserting ``academic standards'';
       (ii) in subparagraph (A), by striking ``part'' and 
     inserting ``subpart''; and
       (iii) in subparagraph (B), by striking ``challenging 
     student academic achievement'' and inserting ``academic'';
       (4) in subsection (d), in the matter preceding paragraph 
     (1), by striking ``part'' each place it appears and inserting 
     ``subpart'';
       (5) in subsection (e)--
       (A) in paragraph (2)(B)--
       (i) in the matter preceding clause (i), by striking 
     ``part'' and inserting ``subpart''; and
       (ii) in clause (iii), by striking ``pupil services'' and 
     inserting ``specialized instructional support services''; and
       (B) by striking paragraph (3); and
       (6) by adding at the end the following new subsection:
       ``(f) Delivery of Services.--The elements of a targeted 
     assistance program under this section may be delivered by 
     nonprofit or for-profit external providers with expertise in 
     using evidence-based or other effective strategies to improve 
     student achievement.''.

     SEC. 117. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY 
                   AND SCHOOL IMPROVEMENT; SCHOOL SUPPORT AND 
                   RECOGNITION.

       The Act is amended by repealing sections 1116 and 1117 (20 
     U.S.C. 6316; 6317).

     SEC. 118. PARENTAL INVOLVEMENT.

       Section 1118 (20 U.S.C. 6318) is amended--
       (1) by striking ``part'' each place such term appears and 
     inserting ``subpart'';
       (2) in subsection (a)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by striking ``, and'' and all that 
     follows through ``1116''; and
       (ii) in subparagraph (D), by striking ``, such as'' and all 
     that follows through ``preschool programs''; and
       (B) in paragraph (3)(A), by striking ``subpart 2 of this 
     part'' each place it appears and inserting ``chapter B of 
     this subpart'';
       (3) by amending subsection (c)(4)(B) to read as follows:
       ``(B) a description and explanation of the curriculum in 
     use at the school and the forms of academic assessment used 
     to measure student progress; and'';
       (4) in subsection (d)(1), by striking ``student academic 
     achievement'' and inserting ``academic'';
       (5) in subsection (e)--
       (A) in paragraph (1), by striking ``State's academic 
     content standards and State student academic achievement 
     standards'' and inserting ``State's academic standards'';
       (B) in paragraph (3)--
       (i) by striking ``pupil services personnel,'' and inserting 
     ``specialized instructional support personnel,''; and
       (ii) by striking ``principals,'' and inserting ``school 
     leaders,''; and
       (C) in paragraph (4), by striking ``Head Start, Reading 
     First, Early Reading First, Even Start, the Home Instruction 
     Programs for Preschool Youngsters, the Parents as Teachers 
     Program, and public preschool and other'' and inserting 
     ``other Federal, State, and local''; and
       (6) by amending subsection (g) to read as follows:
       ``(g) Family Engagement in Education Programs.--In a State 
     operating a program under subpart 3 of part A of title III, 
     each local educational agency or school that receives 
     assistance under this subpart shall inform such parents and 
     organizations of the existence of such programs.''.

     SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

       The Act is amended by repealing section 1119 (20 U.S.C. 
     6319).

     SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 
                   SCHOOLS.

       Section 1120 (20 U.S.C. 6320) is amended to read as 
     follows:

     ``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 
                   SCHOOLS.

       ``(a) General Requirement.--
       ``(1) In general.--To the extent consistent with the number 
     of eligible children identified under section 1115(b) in the 
     school district served by a local educational agency who are 
     enrolled in private elementary schools and secondary schools, 
     a local educational agency shall--
       ``(A) after timely and meaningful consultation with 
     appropriate private school officials or representatives, 
     provide such service, on an equitable basis and individually 
     or in combination, as requested by the officials or 
     representatives to best meet the needs of such children, 
     special educational services, instructional services 
     (including evaluations to determine students' progress in 
     their academic needs), counseling, mentoring, one-on-one 
     tutoring, or other benefits under this subpart (such as dual 
     enrollment, educational radio and television, computer 
     equipment and materials, other technology, and mobile 
     educational services and equipment) that address their needs; 
     and
       ``(B) ensure that teachers and families of the children 
     participate, on an equitable basis, in services and 
     activities developed pursuant to this subpart.
       ``(2) Secular, neutral, nonideological.--Such educational 
     services or other benefits, including materials and 
     equipment, shall be secular, neutral, and nonideological.
       ``(3) Equity.--
       ``(A) In general.--Educational services and other benefits 
     for such private school children shall be equitable in 
     comparison to services and other benefits for public school 
     children participating under this subpart, and shall be 
     provided in a timely manner.
       ``(B) Ombudsman.--To help ensure such equity for such 
     private school children, teachers, and other educational 
     personnel, the State educational agency involved shall 
     designate an ombudsman to monitor and enforce the 
     requirements of this subpart.
       ``(4) Expenditures.--
       ``(A) In general.--Expenditures for educational services 
     and other benefits to eligible private school children shall 
     be equal to the expenditures for participating public school 
     children, taking into account the number, and educational 
     needs, of the children to be served. The share of funds shall 
     be determined based on the total allocation received by the 
     local educational agency prior to any allowable expenditures 
     authorized under this title.
       ``(B) Obligation of funds.--Funds allocated to a local 
     educational agency for educational services and other 
     benefits to eligible private school children shall--
       ``(i) be obligated in the fiscal year for which the funds 
     are received by the agency; and
       ``(ii) with respect to any such funds that cannot be so 
     obligated, be used to serve such children in the following 
     fiscal year.
       ``(C) Notice of allocation.--Each State educational agency 
     shall--
       ``(i) determine, in a timely manner, the proportion of 
     funds to be allocated to each local educational agency in the 
     State for educational services and other benefits under this 
     subpart to eligible private school children; and
       ``(ii) provide notice, simultaneously, to each such local 
     educational agency and the appropriate private school 
     officials or their representatives in the State of such 
     allocation of funds.

[[Page 2689]]

       ``(5) Provision of services.--The local educational agency 
     or, in a case described in subsection (b)(6)(C), the State 
     educational agency involved, may provide services under this 
     section directly or through contracts with public or private 
     agencies, organizations, and institutions.
       ``(b) Consultation.--
       ``(1) In general.--To ensure timely and meaningful 
     consultation, a local educational agency shall consult with 
     appropriate private school officials or representatives 
     during the design and development of such agency's programs 
     under this subpart in order to reach an agreement between the 
     agency and the officials or representatives about equitable 
     and effective programs for eligible private school children, 
     the results of which shall be transmitted to the designated 
     ombudsmen under section 1120(a)(3)(B). Such process shall 
     include consultation on issues such as--
       ``(A) how the children's needs will be identified;
       ``(B) what services will be offered;
       ``(C) how, where, and by whom the services will be 
     provided;
       ``(D) how the services will be academically assessed and 
     how the results of that assessment will be used to improve 
     those services;
       ``(E) the size and scope of the equitable services to be 
     provided to the eligible private school children, and the 
     proportion of funds that is allocated under subsection 
     (a)(4)(A) for such services, how that proportion of funds is 
     determined under such subsection, and an itemization of the 
     costs of the services to be provided;
       ``(F) the method or sources of data that are used under 
     subsection (c) and section 1113(c)(1) to determine the number 
     of children from low-income families in participating school 
     attendance areas who attend private schools;
       ``(G) how and when the agency will make decisions about the 
     delivery of services to such children, including a thorough 
     consideration and analysis of the views of the private school 
     officials or representatives on the provision of services 
     through a contract with potential third-party providers;
       ``(H) how, if the agency disagrees with the views of the 
     private school officials or representatives on the provision 
     of services through a contract, the local educational agency 
     will provide in writing to such private school officials an 
     analysis of the reasons why the local educational agency has 
     chosen not to use a contractor;
       ``(I) whether the agency will provide services under this 
     section directly or through contracts with public and private 
     agencies, organizations, and institutions;
       ``(J) whether to provide equitable services to eligible 
     private school children--
       ``(i) by creating a pool or pools of funds with all of the 
     funds allocated under subsection (a)(4) based on all the 
     children from low-income families who attend private schools 
     in a participating school attendance area of the agency from 
     which the local educational agency will provide such services 
     to all such children; or
       ``(ii) by providing such services to eligible children in 
     each private school in the agency's participating school 
     attendance area with the proportion of funds allocated under 
     subsection (a)(4) based on the number of children from low-
     income families who attend such school;
       ``(K) at what time and where services will be provided; and
       ``(L) whether to consolidate and use funds under this 
     subpart to provide schoolwide programs for a private school.
       ``(2) Disagreement.--If a local educational agency 
     disagrees with the views of private school officials or 
     representatives with respect to an issue described in 
     paragraph (1), the local educational agency shall provide in 
     writing to such private school officials an analysis of the 
     reasons why the local educational agency has chosen not to 
     adopt the course of action requested by such officials.
       ``(3) Timing.--Such consultation shall include meetings of 
     agency and private school officials or representatives and 
     shall occur before the local educational agency makes any 
     decision that affects the opportunities of eligible private 
     school children to participate in programs under this 
     subpart. Such meetings shall continue throughout 
     implementation and assessment of services provided under this 
     section.
       ``(4) Discussion.--Such consultation shall include a 
     discussion of service delivery mechanisms a local educational 
     agency can use to provide equitable services to eligible 
     private school children.
       ``(5) Documentation.--Each local educational agency shall 
     maintain in the agency's records and provide to the State 
     educational agency involved a written affirmation signed by 
     officials or representatives of each participating private 
     school that the meaningful consultation required by this 
     section has occurred. The written affirmation shall provide 
     the option for private school officials or representatives to 
     indicate that timely and meaningful consultation has not 
     occurred or that the program design is not equitable with 
     respect to eligible private school children. If such 
     officials or representatives do not provide such affirmation 
     within a reasonable period of time, the local educational 
     agency shall forward the documentation that such consultation 
     has, or attempts at such consultation have, taken place to 
     the State educational agency.
       ``(6) Compliance.--
       ``(A) In general.--A private school official shall have the 
     right to file a complaint with the State educational agency 
     that the local educational agency did not engage in 
     consultation that was meaningful and timely, did not give due 
     consideration to the views of the private school official, or 
     did not treat the private school or its students equitably as 
     required by this section.
       ``(B) Procedure.--If the private school official wishes to 
     file a complaint, the official shall provide the basis of the 
     noncompliance with this section by the local educational 
     agency to the State educational agency, and the local 
     educational agency shall forward the appropriate 
     documentation to the State educational agency.
       ``(C) State educational agencies.--A State educational 
     agency shall provide services under this section directly or 
     through contracts with public or private agencies, 
     organizations, and institutions, if--
       ``(i) the appropriate private school officials or their 
     representatives have--

       ``(I) requested that the State educational agency provide 
     such services directly; and
       ``(II) demonstrated that the local educational agency 
     involved has not met the requirements of this section; or

       ``(ii) in a case in which--

       ``(I) a local educational agency has more than 10,000 
     children from low-income families who attend private 
     elementary schools or secondary schools in a participating 
     school attendance area of the agency that are not being 
     served by the agency's program under this section; or
       ``(II) 90 percent of the eligible private school students 
     in a participating school attendance area of the agency are 
     not being served by the agency's program under this section.

       ``(c) Allocation for Equitable Service to Private School 
     Students.--
       ``(1) Calculation.--A local educational agency shall have 
     the final authority, consistent with this section, to 
     calculate the number of children, ages 5 through 17, who are 
     from low-income families and attend private schools by--
       ``(A) using the same measure of low income used to count 
     public school children;
       ``(B) using the results of a survey that, to the extent 
     possible, protects the identity of families of private school 
     students, and allowing such survey results to be extrapolated 
     if complete actual data are unavailable;
       ``(C) applying the low-income percentage of each 
     participating public school attendance area, determined 
     pursuant to this section, to the number of private school 
     children who reside in that school attendance area; or
       ``(D) using an equated measure of low income correlated 
     with the measure of low income used to count public school 
     children.
       ``(2) Complaint process.--Any dispute regarding low-income 
     data for private school students shall be subject to the 
     complaint process authorized in section 6503.
       ``(d) Public Control of Funds.--
       ``(1) In general.--The control of funds provided under this 
     subpart, 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.
       ``(2) Provision of services.--
       ``(A) Provider.--The provision of services under this 
     section shall be provided--
       ``(i) by employees of a public agency; or
       ``(ii) through a contract by such public agency with an 
     individual, association, agency, or organization.
       ``(B) Requirement.--In the provision of such services, such 
     employee, individual, association, agency, or organization 
     shall be independent of such private school and of any 
     religious organization, and such employment or contract shall 
     be under the control and supervision of such public agency.
       ``(e) Standards for a Bypass.--If a local educational 
     agency is prohibited by law from providing for the 
     participation in programs on an equitable basis of eligible 
     children enrolled in private elementary schools and secondary 
     schools, or if the Secretary determines that a local 
     educational agency has substantially failed or is unwilling 
     to provide for such participation, as required by this 
     section, the Secretary shall--
       ``(1) waive the requirements of this section for such local 
     educational agency;
       ``(2) arrange for the provision of services to such 
     children through arrangements that shall be subject to the 
     requirements of this section and sections 6503 and 6504; and
       ``(3) in making the determination under this subsection, 
     consider one or more factors, including the quality, size, 
     scope, and location of the program and the opportunity of 
     eligible children to participate.''.

     SEC. 121. FISCAL REQUIREMENTS.

       Section 1120A (20 U.S.C. 6321) is amended--
       (1) by striking ``part'' each place it appears and 
     inserting ``subpart''; and
       (2) by striking subsection (a) and redesignating 
     subsections (b), (c), and (d) as subsections (a), (b), and 
     (c), respectively.

     SEC. 122. COORDINATION REQUIREMENTS.

       Section 1120B (20 U.S.C. 6322) is amended--
       (1) by striking ``part'' each place it appears and 
     inserting ``subpart'';
       (2) in subsection (a), by striking ``such as the Early 
     Reading First program''; and
       (3) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking ``, 
     such as the Early Reading First program,'';
       (B) in paragraphs (1) through (3), by striking ``such as 
     the Early Reading First program'' each place it appears;
       (C) in paragraph (4), by striking ``Early Reading First 
     program staff,''; and
       (D) in paragraph (5), by striking ``and entities carrying 
     out Early Reading First programs''.

[[Page 2690]]



     SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF 
                   THE INTERIOR.

       Section 1121 (20 U.S.C. 6331) is amended--
       (1) in subsection (a), by striking ``appropriated for 
     payments to States for any fiscal year under section 1002(a) 
     and 1125A(f)'' and inserting ``reserved for this chapter 
     under section 1122(a)'';
       (2) in subsection (b)--
       (A) in paragraph (2), by striking ``the No Child Left 
     Behind Act of 2001'' and inserting ``the Student Success 
     Act''; and
       (B) in paragraph (3)--
       (i) in subparagraph (B), by striking ``basis,'' and all 
     that follows through the period at the end and inserting 
     ``basis.'';
       (ii) in subparagraph (C)(ii), by striking ``challenging 
     State academic content standards'' and inserting ``State 
     academic standards''; and
       (iii) by striking subparagraph (D); and
       (3) in subsection (d)(2), by striking ``part'' and 
     inserting ``subpart''.

     SEC. 124. ALLOCATIONS TO STATES.

       Section 1122 (20 U.S.C. 6332) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Reservation.--
       ``(1) In general.--From the amounts appropriated under 
     section 3(a)(1), the Secretary shall reserve 91.44 percent of 
     such amounts to carry out this chapter.
       ``(2) Allocation formula.--Of the amount reserved under 
     paragraph (1) for each of fiscal years 2016 to 2021 (referred 
     to in this subsection as the current fiscal year)--
       ``(A) an amount equal to the amount made available to carry 
     out section 1124 for fiscal year 2001 shall be used to carry 
     out section 1124;
       ``(B) an amount equal to the amount made available to carry 
     out section 1124A for fiscal year 2001 shall be used to carry 
     out section 1124A; and
       ``(C) an amount equal to 100 percent of the amount, if any, 
     by which the total amount made available to carry out this 
     chapter for the fiscal year for which the determination is 
     made exceeds the total amount available to carry out sections 
     1124 and 1124A for fiscal year 2001 shall be used to carry 
     out sections 1125 and 1125A and such amount shall be divided 
     equally between sections 1125 and 1125A.'';
       (2) in subsection (b)(1), by striking ``subpart'' and 
     inserting ``chapter'';
       (3) in subsection (c)(3), by striking ``part'' and 
     inserting ``subpart''; and
       (4) in subsection (d)(1), by striking ``subpart'' and 
     inserting ``chapter''.

     SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       Section 1124 (20 U.S.C. 6333) is amended--
       (1) in subsection (a)--
       (A) in paragraph (3)--
       (i) in subparagraph (B), by striking ``subpart'' and 
     inserting ``chapter''; and
       (ii) in subparagraph (C)(i), by striking ``subpart'' and 
     inserting ``chapter''; and
       (B) in paragraph (4)(C), by striking ``subpart'' each place 
     it appears and inserting ``chapter''; and
       (2) in subsection (c)--
       (A) in paragraph (1)(B), by striking ``subpart 1 of part 
     D'' and inserting ``chapter A of subpart 3''; and
       (B) in paragraph (2), by striking ``part'' and inserting 
     ``subpart''.

     SEC. 126. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       Section 1125 (20 U.S.C. 6335) is amended--
       (1) in subsection (c)(2)--
       (A) in subparagraph (B)--
       (i) in clause (i), by striking ``15.58'' and inserting 
     ``15.59'';
       (ii) in clause (ii)--

       (I) by striking ``15.58'' and inserting ``15.59''; and
       (II) by striking ``22.11'' and inserting ``22.12'';

       (iii) in clause (iii)--

       (I) by striking ``22.11'' and inserting ``22.12''; and
       (II) by striking ``30.16'' and inserting ``30.17'';

       (iv) in clause (iv)--

       (I) by striking ``30.16'' and inserting ``30.17''; and
       (II) by striking ``38.24'' and inserting ``38.25''; and

       (v) in clause (v), by striking ``38.24'' and inserting 
     ``38.25'';
       (B) in subparagraph (C)--
       (i) in clause (i), by striking ``691'' and inserting 
     ``692'';
       (ii) in clause (ii)--

       (I) by striking ``692'' and inserting ``693''; and
       (II) by striking ``2,262'' and inserting ``2,263'';

       (iii) in clause (iii)--

       (I) by striking ``2,263'' and inserting ``2,264''; and
       (II) by striking ``7,851'' and inserting ``7,852'';

       (iv) in clause (iv)--

       (I) by striking ``7,852'' and inserting ``7,853''; and
       (II) by striking ``35,514'' and inserting ``35,515''; and

       (v) in clause (v), by striking ``35,514'' and inserting 
     ``35,515''; and
       (2) by adding at the end the following:
       ``(f) Application.--
       ``(1) In general.--The percentage and number ranges 
     described in subparagraphs (B) and (C) of subsection (c)(2) 
     shall be applied with respect to fiscal years 2016, 2017, 
     2018, 2019, 2020, and 2021 as such percentages and numbers 
     were in effect on the day before the date of the enactment of 
     the Student Success Act.
       ``(2) Secretary's certification.--For fiscal year 2022 and 
     each subsequent fiscal year, the percentage and number ranges 
     described in subparagraphs (B) and (C) of subsection (c)(2) 
     shall be applied as such percentages and numbers were in 
     effect on the day before the date of the enactment of the 
     Student Success Act unless the Secretary certifies that 
     amendments made to such percentages and numbers by the 
     Student Success Act will not result in harm to any school 
     district.''.

     SEC. 127. ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL AGENCIES 
                   IN FISCAL YEARS AFTER FISCAL YEAR 2001.

       Section 1125AA (20 U.S.C. 6336) is amended to read as 
     follows:

     ``SEC. 1125AA. ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL 
                   AGENCIES IN FISCAL YEARS AFTER FISCAL YEAR 
                   2001.

       ``(a) Limitation of Allocation.--Pursuant to section 1122, 
     the total amount allocated in any fiscal year after fiscal 
     year 2001 for programs and activities under this subpart 
     shall not exceed the amount allocated in fiscal year 2001 for 
     such programs and activities unless the amount available for 
     targeted grants to local educational agencies under section 
     1125 in the applicable fiscal year meets the requirements of 
     section 1122(a).
       ``(b) Findings.--Congress makes the following findings:
       ``(1) The formulas for distributing Targeted and Education 
     Finance Incentive grants use two weighting systems, one based 
     on the percentage of the aged 5-17 population in a local 
     educational agency that is eligible to receive funds under 
     this title (percentage weighting), and another based on the 
     absolute number of such students (number weighting). 
     Whichever of these weighting systems results in the highest 
     total weighted formula student count for a local educational 
     agency is the weighting system used for that agency in the 
     final allocation of Targeted and Education Finance Incentive 
     Grant funds.
       ``(2) The Congressional Research Service has said the 
     number weighting alternative is generally more favorable to 
     large local educational agencies with much larger counts of 
     eligible children, but not necessarily higher concentrations, 
     weighted at the highest point in the scale than smaller local 
     educational agencies with smaller counts, but higher 
     concentrations, of eligible children.
       ``(3) The current percentage and number weighting scales 
     are based on the most current data available in 2001 on the 
     distribution of eligible children across local educational 
     agencies.
       ``(4) Prior to the date of the enactment of the Student 
     Success Act, Congress expects updated data to be available, 
     which will provide Congress an opportunity to update these 
     scales based on such data.
       ``(5) When these scales are updated, Congress has a further 
     obligation to evaluate the use of percentage and number 
     weighting to ensure the most equitable distribution of 
     Targeted and Education Finance Incentive Grant funds to local 
     educational agencies.''.

     SEC. 128. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

       Section 1125A (20 U.S.C. 6337) is amended--
       (1) by striking ``part'' each place it appears and 
     inserting ``subpart'';
       (2) in subsection (b)(1)--
       (A) in subparagraph (A), by striking ``appropriated 
     pursuant to subsection (f)'' and inserting ``made available 
     for any fiscal year to carry out this section''; and
       (B) in subparagraph (B)(i), by striking ``total 
     appropriations'' and inserting ``the total amount reserved 
     under section 1122(a) to carry out this section'';
       (3) by striking subsections (a), (e), and (f) and 
     redesignating subsections (b), (c), (d), and (g) as 
     subsections (a), (b), (c), and (d), respectively;
       (4) in subsection (b), as so redesignated, by redesignating 
     subparagraphs (A) and (B) as paragraphs (1) and (2), 
     respectively;
       (5) in subsection (c), as so redesignated--
       (A) in paragraph (1)(B)--
       (i) in clause (ii)--

       (I) in subclause (I), by striking ``15.58'' and inserting 
     ``15.59'';
       (II) in subclause (II)--

       (aa) by striking ``15.58'' and inserting ``15.59''; and
       (bb) by striking ``22.11'' and inserting ``22.12'';

       (III) in subclause (III)--

       (aa) by striking ``22.11'' and inserting ``22.12''; and
       (bb) by striking ``30.16'' and inserting ``30.17'';

       (IV) in subclause (IV)--

       (aa) by striking ``30.16'' and inserting ``30.17''; and
       (bb) by striking ``38.24'' and inserting ``38.25''; and

       (V) in subclause (V), by striking ``38.24'' and inserting 
     ``38.25''; and

       (ii) in clause (iii)--

       (I) in subclause (I), by striking ``691'' and inserting 
     ``692'';
       (II) in subclause (II)--

       (aa) by striking ``692'' and inserting ``693''; and
       (bb) by striking ``2,262'' and inserting ``2,263'';

       (III) in subclause (III)--

       (aa) by striking ``2,263'' and inserting ``2,264''; and
       (bb) by striking ``7,851'' and inserting ``7,852'';

       (IV) in subclause (IV)--

       (aa) by striking ``7,852'' and inserting ``7,853''; and
       (bb) by striking ``35,514'' and inserting ``35,515''; and

       (V) in subclause (V), by striking ``35,514'' and inserting 
     ``35,515'';

       (B) in paragraph (2)(B)--
       (i) in clause (ii)--

[[Page 2691]]

       (I) in subclause (I), by striking ``15.58'' and inserting 
     ``15.59'';
       (II) in subclause (II)--

       (aa) by striking ``15.58'' and inserting ``15.59''; and
       (bb) by striking ``22.11'' and inserting ``22.12'';

       (III) in subclause (III)--

       (aa) by striking ``22.11'' and inserting ``22.12''; and
       (bb) by striking ``30.16'' and inserting ``30.17'';

       (IV) in subclause (IV)--

       (aa) by striking ``30.16'' and inserting ``30.17''; and
       (bb) by striking ``38.24'' and inserting ``38.25''; and

       (V) in subclause (V), by striking ``38.24'' and inserting 
     ``38.25''; and

       (ii) in clause (iii)--

       (I) in subclause (I), by striking ``691'' and inserting 
     ``692'';
       (II) in subclause (II)--

       (aa) by striking ``692'' and inserting ``693''; and
       (bb) by striking ``2,262'' and inserting ``2,263'';

       (III) in subclause (III)--

       (aa) by striking ``2,263'' and inserting ``2,264''; and
       (bb) by striking ``7,851'' and inserting ``7,852'';

       (IV) in subclause (IV)--

       (aa) by striking ``7,852'' and inserting ``7,853''; and
       (bb) by striking ``35,514'' and inserting ``35,515''; and

       (V) in subclause (V), by striking ``35,514'' and inserting 
     ``35,515''; and

       (C) in paragraph (3)(B)--
       (i) in clause (ii)--

       (I) in subclause (I), by striking ``15.58'' and inserting 
     ``15.59'';
       (II) in subclause (II)--

       (aa) by striking ``15.58'' and inserting ``15.59''; and
       (bb) by striking ``22.11'' and inserting ``22.12'';

       (III) in subclause (III)--

       (aa) by striking ``22.11'' and inserting ``22.12''; and
       (bb) by striking ``30.16'' and inserting ``30.17'';

       (IV) in subclause (IV)--

       (aa) by striking ``30.16'' and inserting ``30.17''; and
       (bb) by striking ``38.24'' and inserting ``38.25''; and

       (V) in subclause (V), by striking ``38.24'' and inserting 
     ``38.25''; and

       (ii) in clause (iii)--

       (I) in subclause (I), by striking ``691'' and inserting 
     ``692'';
       (II) in subclause (II)--

       (aa) by striking ``692'' and inserting ``693''; and
       (bb) by striking ``2,262'' and inserting ``2,263'';

       (III) in subclause (III)--

       (aa) by striking ``2,263'' and inserting ``2,264''; and
       (bb) by striking ``7,851'' and inserting ``7,852'';

       (IV) in subclause (IV)--

       (aa) by striking ``7,852'' and inserting ``7,853''; and
       (bb) by striking ``35,514'' and inserting ``35,515''; and

       (V) in subclause (V), by striking ``35,514'' and inserting 
     ``35,515''; and

       (6) by adding at the end the following new subsection:
       ``(e) Application.--
       ``(1) In general.--The percentage and number ranges 
     described in clauses (ii) and (iii) of paragraph (1)(B), 
     clauses (ii) and (iii) of paragraph (2)(B), and clauses (ii) 
     and (iii) of paragraph (3)(B) shall be applied with respect 
     to fiscal years 2016, 2017, 2018, 2019, 2020, and 2021 as 
     such percentages and numbers were in effect on the day before 
     the date of the enactment of the Student Success Act.
       ``(2) Secretary's certification.--For fiscal year 2022 and 
     each subsequent fiscal year, the percentage and number ranges 
     described in clauses (ii) and (iii) of paragraph (1)(B), 
     clauses (ii) and (iii) of paragraph (2)(B), and clauses (ii) 
     and (iii) of paragraph (3)(B) shall be applied as such 
     percentages and numbers were in effect on the day before the 
     date of the enactment of the Student Success Act unless the 
     Secretary certifies that amendments made to such percentages 
     and numbers by the Student Success Act will not result in 
     harm to any school district.''.

     SEC. 129. CARRYOVER AND WAIVER.

       Section 1127 (20 U.S.C. 6339) is amended by striking 
     ``subpart'' each place it appears and inserting ``chapter''.

     SEC. 130. 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.''.

       Subtitle C--Additional Aid to States and School Districts

     SEC. 131. ADDITIONAL AID.

       (a) In General.--Title I (20 U.S.C. 6301 et seq.), as 
     amended by the preceding provisions of this Act, is further 
     amended--
       (1) by striking parts B through D and F through H; and
       (2) by inserting after subpart 1 of part A the following:

              ``Subpart 2--Education of Migratory Children

     ``SEC. 1131. PROGRAM PURPOSES.

       ``The purposes of this subpart are as follows:
       ``(1) To assist States in supporting high-quality and 
     comprehensive educational programs and services during the 
     school year, and as applicable, during summer or intercession 
     periods, that address the unique educational needs of 
     migratory children.
       ``(2) To ensure that migratory children who move among the 
     States, not be penalized in any manner by disparities among 
     the States in curriculum, graduation requirements, and State 
     academic standards.
       ``(3) To help such children succeed in school, meet the 
     State academic standards that all children are expected to 
     meet, and graduate from high school prepared for 
     postsecondary education and the workforce without the need 
     for remediation.
       ``(4) To help such children overcome educational 
     disruption, cultural and language barriers, social isolation, 
     various health-related problems, and other factors that 
     inhibit the ability of such children to succeed in school.
       ``(5) To help such children benefit from State and local 
     systemic reforms.

     ``SEC. 1132. PROGRAM AUTHORIZED.

       ``(a) In General.--From the amounts appropriated under 
     section 3(a)(1), the Secretary shall reserve 2.45 percent to 
     carry out this subpart.
       ``(b) Grants Awarded.--From the amounts reserved under 
     subsection (a) and not reserved under section 1138(c), the 
     Secretary shall make allotments for the fiscal year to State 
     educational agencies, or consortia of such agencies, to 
     establish or improve, directly or through local operating 
     agencies, programs of education for migratory children in 
     accordance with this subpart.

     ``SEC. 1133. STATE ALLOCATIONS.

       ``(a) State Allocations.--Except as provided in subsection 
     (c), each State (other than the Commonwealth of Puerto Rico) 
     is entitled to receive under this subpart an amount equal to 
     the product of--
       ``(1) the sum of--
       ``(A) the average number of identified eligible full-time 
     equivalent migratory children aged 3 through 21 residing in 
     the State, based on data for the preceding 3 years; and
       ``(B) the number of identified eligible migratory children, 
     aged 3 through 21, who received services under this subpart 
     in summer or intersession programs provided by the State 
     during the previous year; multiplied by
       ``(2) 40 percent of the average per-pupil expenditure in 
     the State, except that the amount determined under this 
     paragraph shall not be less than 32 percent, nor more than 48 
     percent, of the average per-pupil expenditure in the United 
     States.
       ``(b) Hold Harmless.--Notwithstanding subsection (a), for 
     each of fiscal years 2016 through 2018, no State shall 
     receive less than 90 percent of the State's allocation under 
     this section for the previous year.
       ``(c) Allocation to Puerto Rico.--For each fiscal year, the 
     grant which the Commonwealth of Puerto Rico shall be eligible 
     to receive under this subpart shall be the amount determined 
     by multiplying the number of children who would be counted 
     under subsection (a)(1) if such subsection applied to the 
     Commonwealth of Puerto Rico by the product of--
       ``(1) the percentage that the average per-pupil expenditure 
     in the Commonwealth of Puerto Rico is of the lowest average 
     per-pupil expenditure of any of the 50 States, except that 
     the percentage calculated under this subparagraph shall not 
     be less than 85 percent; and

[[Page 2692]]

       ``(2) 32 percent of the average per-pupil expenditure in 
     the United States.
       ``(d) Ratable Reductions; Reallocations.--
       ``(1) In general.--
       ``(A) Ratable reductions.--If, after the Secretary reserves 
     funds under section 1138(c), the amount appropriated to carry 
     out this subpart for any fiscal year is insufficient to pay 
     in full the amounts for which all States are eligible, the 
     Secretary shall ratably reduce each such amount.
       ``(B) Reallocation.--If additional funds become available 
     for making such payments for any fiscal year, the Secretary 
     shall allocate such funds to States in amounts that the 
     Secretary determines will best carry out the purpose of this 
     subpart.
       ``(2) Special rule.--
       ``(A) Further reductions.--The Secretary shall further 
     reduce the amount of any grant to a State under this subpart 
     for any fiscal year if the Secretary determines, based on 
     available information on the numbers and needs of migratory 
     children in the State and the program proposed by the State 
     to address such needs, that such amount exceeds the amount 
     required under section 1134.
       ``(B) Reallocation.--The Secretary shall reallocate such 
     excess funds to other States whose grants under this subpart 
     would otherwise be insufficient to provide an appropriate 
     level of services to migratory children, in such amounts as 
     the Secretary determines are appropriate.
       ``(e) Consortium Arrangements.--
       ``(1) In general.--In the case of a State that receives a 
     grant of $1,000,000 or less under this section, the Secretary 
     shall consult with the State educational agency to determine 
     whether consortium arrangements with another State or other 
     appropriate entity would result in delivery of services in a 
     more effective and efficient manner.
       ``(2) Proposals.--Any State, regardless of the amount of 
     such State's allocation, may submit a consortium arrangement 
     to the Secretary for approval.
       ``(3) Approval.--The Secretary shall approve a consortium 
     arrangement under paragraph (1) or (2) if the proposal 
     demonstrates that the arrangement will--
       ``(A) reduce administrative costs or program function costs 
     for State programs; and
       ``(B) make more funds available for direct services to add 
     substantially to the educational achievement of children to 
     be served under this subpart.
       ``(f) Determining Numbers of Eligible Children.--In order 
     to determine the identified number of migratory children 
     residing in each State for purposes of this section, the 
     Secretary shall--
       ``(1) use the most recent information that most accurately 
     reflects the actual number of migratory children;
       ``(2) develop and implement a procedure for monitoring the 
     accuracy of such information;
       ``(3) develop and implement a procedure for more accurately 
     reflecting cost factors for different types of summer and 
     intersession program designs;
       ``(4) adjust the full-time equivalent number of migratory 
     children who reside in each State to take into account--
       ``(A) the unique needs of those children participating in 
     evidence-based or other effective special programs provided 
     under this subpart that operate during the summer and 
     intersession periods; and
       ``(B) the additional costs of operating such programs; and
       ``(5) conduct an analysis of the options for adjusting the 
     formula so as to better direct services to migratory 
     children, including the most at-risk migratory children.
       ``(g) Nonparticipating States.--In the case of a State 
     desiring to receive an allocation under this subpart for a 
     fiscal year that did not receive an allocation for the 
     previous fiscal year or that has been participating for less 
     than 3 consecutive years, the Secretary shall calculate the 
     State's number of identified migratory children aged 3 
     through 21 for purposes of subsection (a)(1)(A) by using the 
     most recent data available that identifies the migratory 
     children residing in the State until data is available to 
     calculate the 3-year average number of such children in 
     accordance with such subsection.

     ``SEC. 1134. STATE APPLICATIONS; SERVICES.

       ``(a) Application Required.--Any State desiring to receive 
     a grant under this subpart for any fiscal year shall submit 
     an application to the Secretary at such time and in such 
     manner as the Secretary may require.
       ``(b) Program Information.--Each such application shall 
     include--
       ``(1) a description of how, in planning, implementing, and 
     evaluating programs and projects assisted under this subpart, 
     the State and its local operating agencies will ensure that 
     the unique educational needs of migratory children, including 
     preschool migratory children, are identified and addressed 
     through--
       ``(A) the full range of services that are available for 
     migratory children from appropriate local, State, and Federal 
     educational programs;
       ``(B) joint planning among local, State, and Federal 
     educational programs serving migratory children, including 
     language instruction educational programs under chapter A of 
     subpart 4; and
       ``(C) the integration of services available under this 
     subpart with services provided by those other programs;
       ``(2) a description of the steps the State is taking to 
     provide all migratory students with the opportunity to meet 
     the same State academic standards that all children are 
     expected to meet;
       ``(3) a description of how the State will use funds 
     received under this subpart to promote interstate and 
     intrastate coordination of services for migratory children, 
     including how the State will provide for educational 
     continuity through the timely transfer of pertinent school 
     records, including information on health, when children move 
     from one school to another, whether or not such a move occurs 
     during the regular school year;
       ``(4) a description of the State's priorities for the use 
     of funds received under this subpart, and how such priorities 
     relate to the State's assessment of needs for services in the 
     State;
       ``(5) a description of how the State will determine the 
     amount of any subgrants the State will award to local 
     operating agencies, taking into account the numbers and needs 
     of migratory children, the requirements of subsection (d), 
     and the availability of funds from other Federal, State, and 
     local programs; and
       ``(6) a description of how the State will encourage 
     programs and projects assisted under this subpart to offer 
     family literacy services if the programs and projects serve a 
     substantial number of migratory children whose parents do not 
     have a regular high school diploma or its recognized 
     equivalent or who have low levels of literacy.
       ``(c) Assurances.--Each such application shall also include 
     assurances that--
       ``(1) funds received under this subpart will be used only--
       ``(A) for programs and projects, including the acquisition 
     of equipment, in accordance with section 1136; and
       ``(B) to coordinate such programs and projects with similar 
     programs and projects within the State and in other States, 
     as well as with other Federal programs that can benefit 
     migratory children and their families;
       ``(2) such programs and projects will be carried out in a 
     manner consistent with the objectives of section 1114, 
     subsections (b) and (d) of section 1115, subsections (b) and 
     (c) of section 1120A, and part C;
       ``(3) in the planning and operation of programs and 
     projects at both the State and local agency operating level, 
     there is consultation with parents of migratory children for 
     programs of not less than one school year in duration, and 
     that all such programs and projects are carried out--
       ``(A) in a manner that provides for the same parental 
     involvement as is required for programs and projects under 
     section 1118, unless extraordinary circumstances make such 
     provision impractical; and
       ``(B) in a format and language understandable to the 
     parents;
       ``(4) in planning and carrying out such programs and 
     projects, there has been, and will be, adequate provision for 
     addressing the unmet education needs of preschool migratory 
     children;
       ``(5) the effectiveness of such programs and projects will 
     be determined, where feasible, using the same approaches and 
     standards that will be used to assess the performance of 
     students, schools, and local educational agencies under 
     subpart 1;
       ``(6) to the extent feasible, such programs and projects 
     will provide for--
       ``(A) advocacy and outreach activities for migratory 
     children and their families, including informing such 
     children and families of, or helping such children and 
     families gain access to, other education, health, nutrition, 
     and social services;
       ``(B) professional development programs, including 
     mentoring, for teachers and other program personnel;
       ``(C) high-quality, evidence-based family literacy 
     programs;
       ``(D) the integration of information technology into 
     educational and related programs; and
       ``(E) programs to facilitate the transition of secondary 
     school students to postsecondary education or employment 
     without the need for remediation; and
       ``(7) the State will assist the Secretary in determining 
     the number of migratory children under paragraph (1) of 
     section 1133(a).
       ``(d) Priority for Services.--In providing services with 
     funds received under this subpart, each recipient of such 
     funds shall give priority to migratory children who are 
     failing, or most at risk of failing, to meet the State's 
     academic standards under section 1111(b)(1).
       ``(e) Continuation of Services.--Notwithstanding any other 
     provision of this subpart--
       ``(1) a child who ceases to be a migratory child during a 
     school term shall be eligible for services until the end of 
     such term;
       ``(2) a child who is no longer a migratory child may 
     continue to receive services for one additional school year, 
     but only if comparable services are not available through 
     other programs; and
       ``(3) secondary school students who were eligible for 
     services in secondary school may continue to be served 
     through credit accrual programs until graduation.

     ``SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW.

       ``The Secretary shall approve each State application that 
     meets the requirements of this subpart, and may review any 
     such application using a peer review process.

     ``SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-
                   DELIVERY PLAN; AUTHORIZED ACTIVITIES.

       ``(a) Comprehensive Plan.--
       ``(1) In general.--Each State that receives assistance 
     under this subpart shall ensure that the

[[Page 2693]]

     State and its local operating agencies identify and address 
     the unique educational needs of migratory children in 
     accordance with a comprehensive State plan that--
       ``(A) is integrated with other programs under this Act or 
     other Acts, as appropriate;
       ``(B) may be submitted as a part of a consolidated 
     application under section 6302, if--
       ``(i) the unique needs of migratory children are 
     specifically addressed in the comprehensive State plan;
       ``(ii) the comprehensive State plan is developed in 
     collaboration with parents of migratory children; and
       ``(iii) the comprehensive State plan is not used to 
     supplant State efforts regarding, or administrative funding 
     for, this subpart;
       ``(C) provides that migratory children will have an 
     opportunity to meet the same State academic standards under 
     section 1111(b)(1) that all children are expected to meet;
       ``(D) specifies measurable program goals and outcomes;
       ``(E) encompasses the full range of services that are 
     available for migratory children from appropriate local, 
     State, and Federal educational programs;
       ``(F) is the product of joint planning among such local, 
     State, and Federal programs, including programs under subpart 
     1, early childhood programs, and language instruction 
     educational programs under chapter A of subpart 4; and
       ``(G) provides for the integration of services available 
     under this subpart with services provided by such other 
     programs.
       ``(2) Duration of the plan.--Each such comprehensive State 
     plan shall--
       ``(A) remain in effect for the duration of the State's 
     participation under this subpart; and
       ``(B) be periodically reviewed and revised by the State, as 
     necessary, to reflect changes in the State's strategies and 
     programs under this subpart.
       ``(b) Authorized Activities.--
       ``(1) Flexibility.--In implementing the comprehensive plan 
     described in subsection (a), each State educational agency, 
     where applicable through its local educational agencies, 
     retains the flexibility to determine the activities to be 
     provided with funds made available under this subpart, except 
     that such funds first shall be used to meet the identified 
     needs of migratory children that result from their migratory 
     lifestyle, and to permit these children to participate 
     effectively in school.
       ``(2) Unaddressed needs.--Funds provided under this subpart 
     shall be used to address the needs of migratory children that 
     are not addressed by services available from other Federal or 
     non-Federal programs, except that migratory children who are 
     eligible to receive services under subpart 1 may receive 
     those services through funds provided under that subpart, or 
     through funds under this subpart that remain after the agency 
     addresses the needs described in paragraph (1).
       ``(3) Construction.--Nothing in this subpart shall be 
     construed to prohibit a local educational agency from serving 
     migratory children simultaneously with students with similar 
     educational needs in the same educational settings, where 
     appropriate.

     ``SEC. 1137. BYPASS.

       ``The Secretary may use all or part of any State's 
     allocation under this subpart to make arrangements with any 
     public or private agency to carry out the purpose of this 
     subpart in such State if the Secretary determines that--
       ``(1) the State is unable or unwilling to conduct 
     educational programs for migratory children;
       ``(2) such arrangements would result in more efficient and 
     economic administration of such programs; or
       ``(3) such arrangements would add substantially to the 
     educational achievement of such children.

     ``SEC. 1138. COORDINATION OF MIGRATORY EDUCATION ACTIVITIES.

       ``(a) Improvement of Coordination.--
       ``(1) In general.--The Secretary, in consultation with the 
     States, may make grants to, or enter into contracts with, 
     State educational agencies, local educational agencies, 
     institutions of higher education, and other public and 
     private entities to improve the interstate and intrastate 
     coordination among such agencies' educational programs, 
     including through the establishment or improvement of 
     programs for credit accrual and exchange, available to 
     migratory students.
       ``(2) Duration.--Grants or contracts under this subsection 
     may be awarded for not more than 5 years.
       ``(b) Student Records.--
       ``(1) Assistance.--The Secretary shall assist States in 
     developing and maintaining an effective system for the 
     electronic transfer of student records and in determining the 
     number of migratory children in each State.
       ``(2) Information system.--
       ``(A) In general.--The Secretary, in consultation with the 
     States, shall ensure the linkage of migratory student record 
     systems for the purpose of electronically exchanging, among 
     the States, health and educational information regarding all 
     migratory students. The Secretary shall ensure such linkage 
     occurs in a cost-effective manner, utilizing systems used by 
     the States prior to, or developed after, the date of the 
     enactment of this Act. The Secretary shall determine the 
     minimum data elements that each State receiving funds under 
     this subpart shall collect and maintain. Such minimum data 
     elements may include--
       ``(i) immunization records and other health information;
       ``(ii) elementary and secondary academic history (including 
     partial credit), credit accrual, and results from State 
     assessments required under section 1111(b)(2);
       ``(iii) other academic information essential to ensuring 
     that migratory children achieve to the States's academic 
     standards; and
       ``(iv) eligibility for services under the Individuals with 
     Disabilities Education Act.
       ``(B) The Secretary shall consult with States before 
     updating the data elements that each State receiving funds 
     under this subpart shall be required to collect for purposes 
     of electronic transfer of migratory student information and 
     the requirements that States shall meet for immediate 
     electronic access to such information.
       ``(3) No cost for certain transfers.--A State educational 
     agency or local educational agency receiving assistance under 
     this subpart shall make student records available to another 
     State educational agency or local educational agency that 
     requests the records at no cost to the requesting agency, if 
     the request is made in order to meet the needs of a migratory 
     child.
       ``(4) Report to congress.--
       ``(A) In general.--Not later than April 30, 2016, the 
     Secretary shall report to the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on 
     Education and the Workforce of the House of Representatives 
     the Secretary's findings and recommendations regarding the 
     maintenance and transfer of health and educational 
     information for migratory students by the States.
       ``(B) Required contents.--The Secretary shall include in 
     such report--
       ``(i) a review of the progress of States in developing and 
     linking electronic records transfer systems;
       ``(ii) recommendations for maintaining such systems; and
       ``(iii) recommendations for improving the continuity of 
     services provided for migratory students.
       ``(c) Availability of Funds.--The Secretary shall reserve 
     not more than $10,000,000 of the amount reserved under 
     section 1132 to carry out this section for each fiscal year.
       ``(d) Data Collection.--The Secretary shall direct the 
     National Center for Education Statistics to collect data on 
     migratory children.

     ``SEC. 1139. DEFINITIONS.

       ``As used in this subpart:
       ``(1) Local operating agency.--The term `local operating 
     agency' means--
       ``(A) a local educational agency to which a State 
     educational agency makes a subgrant under this subpart;
       ``(B) a public or private agency with which a State 
     educational agency or the Secretary makes an arrangement to 
     carry out a project under this subpart; or
       ``(C) a State educational agency, if the State educational 
     agency operates the State's migratory education program or 
     projects directly.
       ``(2) Migratory child.--The term `migratory child' means a 
     child who is, or whose parent or spouse is, a migratory 
     agricultural worker, including a migratory dairy worker, or a 
     migratory fisher, and who, in the preceding 36 months, in 
     order to obtain, or accompany such parent or spouse, in order 
     to obtain, temporary or seasonal employment in agricultural 
     or fishing work--
       ``(A) has moved from one school district to another;
       ``(B) in a State that is comprised of a single school 
     district, has moved from one administrative area to another 
     within such district; or
       ``(C) resides in a school district of more than 15,000 
     square miles, and migrates a distance of 20 miles or more to 
     a temporary residence to engage in a fishing activity.

  ``Subpart 3--Prevention and Intervention Programs for Children and 
            Youth Who Are Neglected, Delinquent, or At-Risk

     ``SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION.

       ``(a) Purpose.--It is the purpose of this subpart--
       ``(1) to improve educational services for children and 
     youth in local and State institutions for neglected or 
     delinquent children and youth so that such children and youth 
     have the opportunity to meet the same State academic 
     standards that all children in the State are expected to 
     meet;
       ``(2) to provide such children and youth with the services 
     needed to make a successful transition from 
     institutionalization to further schooling or employment; and
       ``(3) to prevent at-risk youth from dropping out of school, 
     and to provide dropouts, and children and youth returning 
     from correctional facilities or institutions for neglected or 
     delinquent children and youth, with a support system to 
     ensure their continued education.
       ``(b) Program Authorized.--From amounts appropriated under 
     section 3(a)(1), the Secretary shall reserve 0.31 of one 
     percent to carry out this subpart.
       ``(c) Grants Awarded.--From the amounts reserved under 
     subsection (b) and not reserved under section 1004 and 
     section 1159, the Secretary shall make grants to State 
     educational agencies that have plans submitted under section 
     1154 approved to enable such agencies to award subgrants to 
     State agencies and local educational agencies to establish or 
     improve programs of education for neglected, delinquent, or 
     at-risk children and youth.

     ``SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART.

       ``(a) Agency Subgrants.--Based on the allocation amount 
     computed under section 1152, the

[[Page 2694]]

     Secretary shall allocate to each State educational agency an 
     amount necessary to make subgrants to State agencies under 
     chapter A.
       ``(b) Local Subgrants.--Each State shall retain, for the 
     purpose of carrying out chapter B, funds generated throughout 
     the State under subpart 1 of this part based on children and 
     youth residing in local correctional facilities, or attending 
     community day programs for delinquent children and youth.

                   ``CHAPTER A--STATE AGENCY PROGRAMS

     ``SEC. 1151. ELIGIBILITY.

       ``A State agency is eligible for assistance under this 
     chapter if such State agency is responsible for providing 
     free public education for children and youth--
       ``(1) in institutions for neglected or delinquent children 
     and youth;
       ``(2) attending community day programs for neglected or 
     delinquent children and youth; or
       ``(3) in adult correctional institutions.

     ``SEC. 1152. ALLOCATION OF FUNDS.

       ``(a) Subgrants to State Agencies.--
       ``(1) In general.--Each State agency described in section 
     1151 (other than an agency in the Commonwealth of Puerto 
     Rico) is eligible to receive a subgrant under this chapter, 
     for each fiscal year, in an amount equal to the product of--
       ``(A) the number of neglected or delinquent children and 
     youth described in section 1151 who--
       ``(i) are enrolled for at least 15 hours per week in 
     education programs in adult correctional institutions; and
       ``(ii) are enrolled for at least 20 hours per week--

       ``(I) in education programs in institutions for neglected 
     or delinquent children and youth; or
       ``(II) in community day programs for neglected or 
     delinquent children and youth; and

       ``(B) 40 percent of the average per-pupil expenditure in 
     the State, except that the amount determined under this 
     subparagraph shall not be less than 32 percent, nor more than 
     48 percent, of the average per-pupil expenditure in the 
     United States.
       ``(2) Special rule.--The number of neglected or delinquent 
     children and youth determined under paragraph (1) shall--
       ``(A) be determined by the State agency by a deadline set 
     by the Secretary, except that no State agency shall be 
     required to determine the number of such children and youth 
     on a specific date set by the Secretary; and
       ``(B) be adjusted, as the Secretary determines is 
     appropriate, to reflect the relative length of such agency's 
     annual programs.
       ``(b) Subgrants to State Agencies in Puerto Rico.--
       ``(1) In general.--For each fiscal year, the amount of the 
     subgrant which a State agency in the Commonwealth of Puerto 
     Rico shall be eligible to receive under this chapter shall be 
     the amount determined by multiplying the number of children 
     counted under subsection (a)(1)(A) for the Commonwealth of 
     Puerto Rico by the product of--
       ``(A) the percentage which the average per-pupil 
     expenditure in the Commonwealth of Puerto Rico is of the 
     lowest average per-pupil expenditure of any of the 50 States; 
     and
       ``(B) 32 percent of the average per-pupil expenditure in 
     the United States.
       ``(2) Minimum percentage.--The percentage in paragraph 
     (1)(A) shall not be less than 85 percent.
       ``(c) Ratable Reductions in Case of Insufficient 
     Appropriations.--If the amount reserved for any fiscal year 
     for subgrants under subsections (a) and (b) is insufficient 
     to pay the full amount for which all State agencies are 
     eligible under such subsections, the Secretary shall ratably 
     reduce each such amount.

     ``SEC. 1153. STATE REALLOCATION OF FUNDS.

       ``If a State educational agency determines that a State 
     agency does not need the full amount of the subgrant for 
     which such State agency is eligible under this chapter for 
     any fiscal year, the State educational agency may reallocate 
     the amount that will not be needed to other eligible State 
     agencies that need additional funds to carry out the purpose 
     of this chapter, in such amounts as the State educational 
     agency shall determine.

     ``SEC. 1154. STATE PLAN AND STATE AGENCY APPLICATIONS.

       ``(a) State Plan.--
       ``(1) In general.--Each State educational agency that 
     desires to receive a grant under this chapter shall submit, 
     for approval by the Secretary, a plan--
       ``(A) for meeting the educational needs of neglected, 
     delinquent, and at-risk children and youth;
       ``(B) for assisting in the transition of children and youth 
     from correctional facilities to locally operated programs; 
     and
       ``(C) that is integrated with other programs under this Act 
     or other Acts, as appropriate.
       ``(2) Contents.--Each such State plan shall--
       ``(A) describe how the State will assess the effectiveness 
     of the program in improving the academic, career, and 
     technical skills of children in the program;
       ``(B) provide that, to the extent feasible, such children 
     will have the same opportunities to achieve as such children 
     would have if such children were in the schools of local 
     educational agencies in the State;
       ``(C) describe how the State will place a priority for such 
     children to obtain a regular high school diploma, to the 
     extent feasible; and
       ``(D) contain an assurance that the State educational 
     agency will--
       ``(i) ensure that programs assisted under this chapter will 
     be carried out in accordance with the State plan described in 
     this subsection;
       ``(ii) carry out the evaluation requirements of section 
     1171; and
       ``(iii) ensure that the State agencies receiving subgrants 
     under this chapter comply with all applicable statutory and 
     regulatory requirements.
       ``(3) Duration of the plan.--Each such State plan shall--
       ``(A) remain in effect for the duration of the State's 
     participation under this chapter; and
       ``(B) be periodically reviewed and revised by the State, as 
     necessary, to reflect changes in the State's strategies and 
     programs under this chapter.
       ``(b) Secretarial Approval and Peer Review.--
       ``(1) Secretarial approval.--The Secretary shall approve 
     each State plan that meets the requirements of this chapter.
       ``(2) Peer review.--The Secretary may review any State plan 
     with the assistance and advice of individuals with relevant 
     expertise.
       ``(c) State Agency Applications.--Any State agency that 
     desires to receive funds to carry out a program under this 
     chapter shall submit an application to the State educational 
     agency that--
       ``(1) describes the procedures to be used, consistent with 
     the State plan under section 1111, to assess the educational 
     needs of the children to be served under this chapter;
       ``(2) provide an assurance that in making services 
     available to children and youth in adult correctional 
     institutions, priority will be given to such children and 
     youth who are likely to complete incarceration within a 2-
     year period;
       ``(3) describes the program, including a budget for the 
     first year of the program, with annual updates to be provided 
     to the State educational agency;
       ``(4) describes how the program will meet the goals and 
     objectives of the State plan;
       ``(5) describes how the State agency will consult with 
     experts and provide the necessary training for appropriate 
     staff, to ensure that the planning and operation of 
     institution-wide projects under section 1156 are of high 
     quality;
       ``(6) describes how the programs will be coordinated with 
     other appropriate State and Federal programs, such as 
     programs under title I of Public Law 105-220, career and 
     technical education programs, State and local dropout 
     prevention programs, and special education programs;
       ``(7) describes how the State agency will encourage 
     correctional facilities receiving funds under this chapter to 
     coordinate with local educational agencies or alternative 
     education programs attended by incarcerated children and 
     youth prior to and after their incarceration to ensure that 
     student assessments and appropriate academic records are 
     shared jointly between the correctional facility and the 
     local educational agency or alternative education program;
       ``(8) describes how appropriate professional development 
     will be provided to teachers and other staff;
       ``(9) designates an individual in each affected 
     correctional facility or institution for neglected or 
     delinquent children and youth to be responsible for issues 
     relating to the transition of such children and youth from 
     such facility or institution to locally operated programs;
       ``(10) describes how the State agency will endeavor to 
     coordinate with businesses for training and mentoring for 
     participating children and youth;
       ``(11) provides an assurance that the State agency will 
     assist in locating alternative programs through which 
     students can continue their education if the students are not 
     returning to school after leaving the correctional facility 
     or institution for neglected or delinquent children and 
     youth;
       ``(12) provides assurances that the State agency will work 
     with parents to secure parents' assistance in improving the 
     educational achievement of their children and youth, and 
     preventing their children's and youth's further involvement 
     in delinquent activities;
       ``(13) provides an assurance that the State agency will 
     work with children and youth with disabilities in order to 
     meet an existing individualized education program and an 
     assurance that the agency will notify the child's or youth's 
     local school if the child or youth--
       ``(A) is identified as in need of special education 
     services while the child or youth is in the correctional 
     facility or institution for neglected or delinquent children 
     and youth; and
       ``(B) intends to return to the local school;
       ``(14) provides an assurance that the State agency will 
     work with children and youth who dropped out of school before 
     entering the correctional facility or institution for 
     neglected or delinquent children and youth to encourage the 
     children and youth to reenter school and obtain a regular 
     high school diploma once the term of the incarceration is 
     completed, or provide the child or youth with the skills 
     necessary to gain employment, continue the education of the 
     child or youth, or obtain a regular high school diploma or 
     its recognized equivalent if the child or youth does not 
     intend to return to school;
       ``(15) provides an assurance that effective teachers and 
     other qualified staff are trained to work with children and 
     youth with disabilities and other students with special needs 
     taking into consideration the unique needs of such students;
       ``(16) describes any additional services to be provided to 
     children and youth, such as career counseling, distance 
     education, and assistance in securing student loans and 
     grants; and

[[Page 2695]]

       ``(17) provides an assurance that the program under this 
     chapter will be coordinated with any programs operated under 
     the Juvenile Justice and Delinquency Prevention Act of 1974 
     (42 U.S.C. 5601 et seq.) or other comparable programs, if 
     applicable.

     ``SEC. 1155. USE OF FUNDS.

       ``(a) Uses.--
       ``(1) In general.--A State agency shall use funds received 
     under this chapter only for programs and projects that--
       ``(A) are consistent with the State plan under section 
     1154(a); and
       ``(B) concentrate on providing participants with the 
     knowledge and skills needed to make a successful transition 
     to secondary school completion, career and technical 
     education, further education, or employment without the need 
     for remediation.
       ``(2) Programs and projects.--Such programs and projects--
       ``(A) may include the acquisition of equipment;
       ``(B) shall be designed to support educational services 
     that--
       ``(i) except for institution-wide projects under section 
     1156, are provided to children and youth identified by the 
     State agency as failing, or most at-risk of failing, to meet 
     the State's academic standards;
       ``(ii) supplement and improve the quality of the 
     educational services provided to such children and youth by 
     the State agency; and
       ``(iii) afford such children and youth an opportunity to 
     meet State academic standards; and
       ``(C) shall be carried out in a manner consistent with 
     section 1120A and part C (as applied to programs and projects 
     under this chapter).
       ``(b) Supplement, Not Supplant.--A program under this 
     chapter that supplements the number of hours of instruction 
     students receive from State and local sources shall be 
     considered to comply with the supplement, not supplant 
     requirement of section 1120A (as applied to this chapter) 
     without regard to the subject areas in which instruction is 
     given during those hours.

     ``SEC. 1156. INSTITUTION-WIDE PROJECTS.

       ``A State agency that provides free public education for 
     children and youth in an institution for neglected or 
     delinquent children and youth (other than an adult 
     correctional institution) or attending a community day 
     program for such children and youth may use funds received 
     under this chapter to serve all children in, and upgrade the 
     entire educational effort of, that institution or program if 
     the State agency has developed, and the State educational 
     agency has approved, a comprehensive plan for that 
     institution or program that--
       ``(1) provides for a comprehensive assessment of the 
     educational needs of all children and youth in the 
     institution or program serving juveniles;
       ``(2) provides for a comprehensive assessment of the 
     educational needs of youth aged 20 and younger in adult 
     facilities who are expected to complete incarceration within 
     a 2-year period;
       ``(3) describes the steps the State agency has taken, or 
     will take, to provide all children and youth under age 21 
     with the opportunity to meet State academic standards in 
     order to improve the likelihood that the children and youth 
     will complete secondary school, obtain a regular high school 
     diploma or its recognized equivalent, or find employment 
     after leaving the institution;
       ``(4) describes the instructional program, specialized 
     instructional support services, and procedures that will be 
     used to meet the needs described in paragraph (1), including, 
     to the extent feasible, the provision of mentors for the 
     children and youth described in paragraph (1);
       ``(5) specifically describes how such funds will be used;
       ``(6) describes the measures and procedures that will be 
     used to assess and improve student achievement;
       ``(7) describes how the agency has planned, and will 
     implement and evaluate, the institution-wide or program-wide 
     project in consultation with personnel providing direct 
     instructional services and support services in institutions 
     or community day programs for neglected or delinquent 
     children and youth, and with personnel from the State 
     educational agency; and
       ``(8) includes an assurance that the State agency has 
     provided for appropriate training for teachers and other 
     instructional and administrative personnel to enable such 
     teachers and personnel to carry out the project effectively.

     ``SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS.

       ``If a State agency operates a program or project under 
     this chapter in which individual children or youth are likely 
     to participate for more than one year, the State educational 
     agency may approve the State agency's application for a 
     subgrant under this chapter for a period of not more than 3 
     years.

     ``SEC. 1158. TRANSITION SERVICES.

       ``(a) Transition Services.--Each State agency shall reserve 
     not less than 15 percent and not more than 30 percent of the 
     amount such agency receives under this chapter for any fiscal 
     year to support--
       ``(1) projects that facilitate the transition of children 
     and youth from State-operated institutions to schools served 
     by local educational agencies; or
       ``(2) the successful re-entry of youth offenders, who are 
     age 20 or younger and have received a regular high school 
     diploma or its recognized equivalent, into postsecondary 
     education, or career and technical training programs, through 
     strategies designed to expose the youth to, and prepare the 
     youth for, postsecondary education, or career and technical 
     training programs, such as--
       ``(A) preplacement programs that allow adjudicated or 
     incarcerated youth to audit or attend courses on college, 
     university, or community college campuses, or through 
     programs provided in institutional settings;
       ``(B) worksite schools, in which institutions of higher 
     education and private or public employers partner to create 
     programs to help students make a successful transition to 
     postsecondary education and employment; and
       ``(C) essential support services to ensure the success of 
     the youth, such as--
       ``(i) personal, career and technical, and academic 
     counseling;
       ``(ii) placement services designed to place the youth in a 
     university, college, or junior college program;
       ``(iii) information concerning, and assistance in 
     obtaining, available student financial aid;
       ``(iv) counseling services; and
       ``(v) job placement services.
       ``(b) Conduct of Projects.--A project supported under this 
     section may be conducted directly by the State agency, or 
     through a contract or other arrangement with one or more 
     local educational agencies, other public agencies, or private 
     organizations.
       ``(c) Rule of Construction.--Nothing in this section shall 
     be construed to prohibit a school that receives funds under 
     subsection (a) from serving neglected and delinquent children 
     and youth simultaneously with students with similar 
     educational needs, in the same educational settings where 
     appropriate.

     ``SEC. 1159. TECHNICAL ASSISTANCE.

       ``The Secretary shall reserve not more than 1 percent of 
     the amount reserved under section 1141 to provide technical 
     assistance to and support State agency programs assisted 
     under this chapter.

                   ``CHAPTER B--LOCAL AGENCY PROGRAMS

     ``SEC. 1161. PURPOSE.

       ``The purpose of this chapter is to support the operation 
     of local educational agency programs that involve 
     collaboration with locally operated correctional facilities--
       ``(1) to carry out high quality education programs to 
     prepare children and youth for secondary school completion, 
     training, employment, or further education;
       ``(2) to provide activities to facilitate the transition of 
     such children and youth from the correctional program to 
     further education or employment; and
       ``(3) to operate programs in local schools for children and 
     youth returning from correctional facilities, and programs 
     which may serve at-risk children and youth.

     ``SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

       ``(a) Local Subgrants.--With funds made available under 
     section 1142(b), the State educational agency shall award 
     subgrants to local educational agencies with high numbers or 
     percentages of children and youth residing in locally 
     operated (including county operated) correctional facilities 
     for children and youth (including facilities involved in 
     community day programs).
       ``(b) Special Rule.--A local educational agency that serves 
     a school operated by a correctional facility is not required 
     to operate a program of support for children and youth 
     returning from such school to a school that is not operated 
     by a correctional agency but served by such local educational 
     agency, if more than 30 percent of the children and youth 
     attending the school operated by the correctional facility 
     will reside outside the boundaries served by the local 
     educational agency after leaving such facility.
       ``(c) Notification.--A State educational agency shall 
     notify local educational agencies within the State of the 
     eligibility of such agencies to receive a subgrant under this 
     chapter.
       ``(d) Transitional and Academic Services.--Transitional and 
     supportive programs operated in local educational agencies 
     under this chapter shall be designed primarily to meet the 
     transitional and academic needs of students returning to 
     local educational agencies or alternative education programs 
     from correctional facilities. Services to students at-risk of 
     dropping out of school shall not have a negative impact on 
     meeting the transitional and academic needs of the students 
     returning from correctional facilities.

     ``SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

       ``Each local educational agency desiring assistance under 
     this chapter shall submit an application to the State 
     educational agency that contains such information as the 
     State educational agency may require. Each such application 
     shall include--
       ``(1) a description of the program to be assisted;
       ``(2) a description of formal agreements, regarding the 
     program to be assisted, between--
       ``(A) the local educational agency; and
       ``(B) correctional facilities and alternative school 
     programs serving children and youth involved with the 
     juvenile justice system;
       ``(3) as appropriate, a description of how participating 
     schools will coordinate with facilities working with 
     delinquent children and youth to ensure that such children 
     and youth are participating in an education program 
     comparable to one operating in the local school such youth 
     would attend;
       ``(4) a description of the program operated by 
     participating schools for children and youth returning from 
     correctional facilities and, as appropriate, the types of 
     services that such schools will provide such children and 
     youth and other at-risk children and youth;

[[Page 2696]]

       ``(5) a description of the characteristics (including 
     learning difficulties, substance abuse problems, and other 
     needs) of the children and youth who will be returning from 
     correctional facilities and, as appropriate, other at-risk 
     children and youth expected to be served by the program, and 
     a description of how the school will coordinate existing 
     educational programs to meet the unique educational needs of 
     such children and youth;
       ``(6) as appropriate, a description of how schools will 
     coordinate with existing social, health, and other services 
     to meet the needs of students returning from correctional 
     facilities and at-risk children or youth, including prenatal 
     health care and nutrition services related to the health of 
     the parent and the child or youth, parenting and child 
     development classes, child care, targeted reentry and 
     outreach programs, referrals to community resources, and 
     scheduling flexibility;
       ``(7) as appropriate, a description of any partnerships 
     with local businesses to develop training, curriculum-based 
     youth entrepreneurship education, and mentoring services for 
     participating students;
       ``(8) as appropriate, a description of how the program will 
     involve parents in efforts to improve the educational 
     achievement of their children, assist in dropout prevention 
     activities, and prevent the involvement of their children in 
     delinquent activities;
       ``(9) a description of how the program under this chapter 
     will be coordinated with other Federal, State, and local 
     programs, such as programs under title I of Public Law 105-
     220 and career and technical education programs serving at-
     risk children and youth;
       ``(10) a description of how the program will be coordinated 
     with programs operated under the Juvenile Justice and 
     Delinquency Prevention Act of 1974 and other comparable 
     programs, if applicable;
       ``(11) as appropriate, a description of how schools will 
     work with probation officers to assist in meeting the needs 
     of children and youth returning from correctional facilities;
       ``(12) a description of the efforts participating schools 
     will make to ensure correctional facilities working with 
     children and youth are aware of a child's or youth's existing 
     individualized education program; and
       ``(13) as appropriate, a description of the steps 
     participating schools will take to find alternative 
     placements for children and youth interested in continuing 
     their education but unable to participate in a traditional 
     public school program.

     ``SEC. 1164. USES OF FUNDS.

       ``(a) In General.--Funds provided to local educational 
     agencies under this chapter may be used, as appropriate, 
     for--
       ``(1) programs that serve children and youth returning to 
     local schools from correctional facilities, to assist in the 
     transition of such children and youth to the school 
     environment and help them remain in school in order to 
     complete their education;
       ``(2) dropout prevention programs which serve at-risk 
     children and youth;
       ``(3) the coordination of health and social services for 
     such individuals if there is a likelihood that the provision 
     of such services, including day care, drug and alcohol 
     counseling, and mental health services, will improve the 
     likelihood such individuals will complete their education;
       ``(4) special programs to meet the unique academic needs of 
     participating children and youth, including career and 
     technical education, special education, career counseling, 
     curriculum-based youth entrepreneurship education, and 
     assistance in securing student loans or grants for 
     postsecondary education; and
       ``(5) programs providing mentoring and peer mediation.
       ``(b) Contracts and Grants.--A local educational agency may 
     use a grant received under this chapter to carry out the 
     activities described under paragraphs (1) through (5) of 
     subsection (a) directly or through grants, contracts, or 
     cooperative agreements.

     ``SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES 
                   RECEIVING FUNDS UNDER THIS SECTION.

       ``Each correctional facility entering into an agreement 
     with a local educational agency under section 1163(2) to 
     provide services to children and youth under this chapter 
     shall--
       ``(1) where feasible, ensure that educational programs in 
     the correctional facility are coordinated with the student's 
     home school, particularly with respect to a student with an 
     individualized education program under part B of the 
     Individuals with Disabilities Education Act;
       ``(2) if the child or youth is identified as in need of 
     special education services while in the correctional 
     facility, notify the local school of the child or youth of 
     such need;
       ``(3) where feasible, provide transition assistance to help 
     the child or youth stay in school, including coordination of 
     services for the family, counseling, assistance in accessing 
     drug and alcohol abuse prevention programs, tutoring, and 
     family counseling;
       ``(4) provide support programs that encourage children and 
     youth who have dropped out of school to re-enter school and 
     obtain a regular high school diploma once their term at the 
     correctional facility has been completed, or provide such 
     children and youth with the skills necessary to gain 
     employment or seek a regular high school diploma or its 
     recognized equivalent;
       ``(5) work to ensure that the correctional facility is 
     staffed with effective teachers and other qualified staff who 
     are trained to work with children and youth with disabilities 
     taking into consideration the unique needs of such children 
     and youth;
       ``(6) ensure that educational programs in the correctional 
     facility are related to assisting students to meet the 
     States's academic standards;
       ``(7) to the extent possible, use technology to assist in 
     coordinating educational programs between the correctional 
     facility and the community school;
       ``(8) where feasible, involve parents in efforts to improve 
     the educational achievement of their children and prevent the 
     further involvement of such children in delinquent 
     activities;
       ``(9) coordinate funds received under this chapter with 
     other local, State, and Federal funds available to provide 
     services to participating children and youth, such as funds 
     made available under title I of Public Law 105-220, and 
     career and technical education funds;
       ``(10) coordinate programs operated under this chapter with 
     activities funded under the Juvenile Justice and Delinquency 
     Prevention Act of 1974 and other comparable programs, if 
     applicable;
       ``(11) if appropriate, work with local businesses to 
     develop training, curriculum-based youth entrepreneurship 
     education, and mentoring programs for children and youth; and
       ``(12) consult with the local educational agency for a 
     period jointly determined necessary by the correctional 
     facility and local educational agency upon discharge from 
     that facility to coordinate educational services so as to 
     minimize disruption to the child's or youth's achievement.

     ``SEC. 1166. ACCOUNTABILITY.

       ``The State educational agency--
       ``(1) may require correctional facilities or institutions 
     for neglected or delinquent children and youth to 
     demonstrate, after receiving assistance under this chapter 
     for 3 years, that there has been an increase in the number of 
     children and youth returning to school, obtaining a regular 
     high school diploma or its recognized equivalent, or 
     obtaining employment after such children and youth are 
     released; and
       ``(2) may reduce or terminate funding for projects under 
     this chapter if a local educational agency does not show 
     progress in the number of children and youth obtaining a 
     regular high school diploma or its recognized equivalent.

                    ``CHAPTER C--GENERAL PROVISIONS

     ``SEC. 1171. PROGRAM EVALUATIONS.

       ``(a) Scope of Evaluation.--Each State agency or local 
     educational agency that conducts a program under chapter A or 
     B shall evaluate the program, disaggregating data on 
     participation by gender, race, ethnicity, and age, while 
     protecting individual student privacy, not less than once 
     every 3 years, to determine the program's impact on the 
     ability of participants--
       ``(1) to maintain and improve educational achievement;
       ``(2) to accrue school credits that meet State requirements 
     for grade promotion and high school graduation;
       ``(3) to make the transition to a regular program or other 
     education program operated by a local educational agency;
       ``(4) to complete high school (or high school equivalency 
     requirements) and obtain employment after leaving the 
     correctional facility or institution for neglected or 
     delinquent children and youth; and
       ``(5) as appropriate, to participate in postsecondary 
     education and job training programs.
       ``(b) Exception.--The disaggregation required under 
     subsection (a) 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.
       ``(c) Evaluation Measures.--In conducting each evaluation 
     under subsection (a), a State agency or local educational 
     agency shall use multiple and appropriate measures of student 
     progress.
       ``(d) Evaluation Results.--Each State agency and local 
     educational agency shall--
       ``(1) submit evaluation results to the State educational 
     agency and the Secretary; and
       ``(2) use the results of evaluations under this section to 
     plan and improve subsequent programs for participating 
     children and youth.

     ``SEC. 1172. DEFINITIONS.

       ``In this subpart:
       ``(1) Adult correctional institution.--The term `adult 
     correctional institution' means a facility in which persons 
     (including persons under 21 years of age) are confined as a 
     result of a conviction for a criminal offense.
       ``(2) At-risk.--The term `at-risk', when used with respect 
     to a child, youth, or student, means a school-aged individual 
     who--
       ``(A) is at-risk of academic failure; and
       ``(B) has a drug or alcohol problem, is pregnant or is a 
     parent, has come into contact with the juvenile justice 
     system in the past, is at least 1 year behind the expected 
     grade level for the age of the individual, is an English 
     learner, is a gang member, has dropped out of school in the 
     past, or has a high absenteeism rate at school.
       ``(3) Community day program.--The term `community day 
     program' means a regular program of instruction provided by a 
     State agency at a community day school operated specifically 
     for neglected or delinquent children and youth.
       ``(4) Institution for neglected or delinquent children and 
     youth.--The term `institution for neglected or delinquent 
     children and youth' means--
       ``(A) a public or private residential facility, other than 
     a foster home, that is operated for

[[Page 2697]]

     the care of children who have been committed to the 
     institution or voluntarily placed in the institution under 
     applicable State law, due to abandonment, neglect, or death 
     of their parents or guardians; or
       ``(B) a public or private residential facility for the care 
     of children who have been adjudicated to be delinquent or in 
     need of supervision.

 ``Subpart 4--English Language Acquisition, Language Enhancement, and 
                          Academic Achievement

     ``SEC. 1181. PURPOSES.

       ``The purposes of this subpart are--
       ``(1) to help ensure that English learners, including 
     immigrant children and youth, attain English proficiency and 
     develop high levels of academic achievement in English;
       ``(2) to assist all English learners, including immigrant 
     children and youth, to achieve at high levels so that those 
     children can meet the same State academic standards that all 
     children are expected to meet, consistent with section 
     1111(b)(1);
       ``(3) to assist State educational agencies, local 
     educational agencies, and schools in establishing, 
     implementing, and sustaining high-quality, flexible, 
     evidence-based language instruction educational programs 
     designed to assist in teaching English learners, including 
     immigrant children and youth;
       ``(4) to assist State educational agencies and local 
     educational agencies to develop and enhance their capacity to 
     provide high-quality, evidence-based instructional programs 
     designed to prepare English learners, including immigrant 
     children and youth, to enter all-English instruction 
     settings; and
       ``(5) to promote parental and community participation in 
     language instruction educational programs for the parents and 
     communities of English learners.

``CHAPTER A--GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION AND 
                          LANGUAGE ENHANCEMENT

     ``SEC. 1191. FORMULA GRANTS TO STATES.

       ``(a) In General.--In the case of each State educational 
     agency having a plan approved by the Secretary for a fiscal 
     year under section 1192, the Secretary shall reserve 4.6 
     percent of funds appropriated under section 3(a)(1) to make a 
     grant for the year to the agency for the purposes specified 
     in subsection (b). The grant shall consist of the allotment 
     determined for the State educational agency under subsection 
     (c).
       ``(b) Use of Funds.--
       ``(1) Subgrants to eligible entities.--The Secretary may 
     make a grant under subsection (a) only if the State 
     educational agency involved agrees to expend at least 95 
     percent of the State educational agency's allotment under 
     subsection (c) for a fiscal year--
       ``(A) to award subgrants, from allocations under section 
     1193, to eligible entities to carry out the activities 
     described in section 1194 (other than subsection (e)); and
       ``(B) to award subgrants under section 1193(d)(1) to 
     eligible entities that are described in that section to carry 
     out the activities described in section 1194(e).
       ``(2) State activities.--Subject to paragraph (3), each 
     State educational agency receiving a grant under subsection 
     (a) may reserve not more than 5 percent of the agency's 
     allotment under subsection (c) to carry out the following 
     activities:
       ``(A) Professional development activities, and other 
     activities, which may include assisting personnel in--
       ``(i) meeting State and local certification and licensing 
     requirements for teaching English learners; and
       ``(ii) improving teacher skills in meeting the diverse 
     needs of English learners, including in how to implement 
     evidence-based programs and curricula on teaching English 
     learners.
       ``(B) Planning, evaluation, administration, and interagency 
     coordination related to the subgrants referred to in 
     paragraph (1).
       ``(C) Providing technical assistance and other forms of 
     assistance to eligible entities that are receiving subgrants 
     from a State educational agency under this chapter, including 
     assistance in--
       ``(i) identifying and implementing evidence-based language 
     instruction educational programs and curricula for teaching 
     English learners;
       ``(ii) helping English learners meet the same State 
     academic standards that all children are expected to meet;
       ``(iii) identifying or developing, and implementing, 
     measures of English proficiency; and
       ``(iv) strengthening and increasing parent, family, and 
     community engagement.
       ``(D) Providing recognition, which may include providing 
     financial awards, to subgrantees that have significantly 
     improved the achievement and progress of English learners 
     in--
       ``(i) reaching English language proficiency, based on the 
     State's English language proficiency assessment under section 
     1111(b)(2)(D); and
       ``(ii) meeting the State academic standards under section 
     1111(b)(1).
       ``(3) Administrative expenses.--From the amount reserved 
     under paragraph (2), a State educational agency may use not 
     more than 40 percent of such amount or $175,000, whichever is 
     greater, for the planning and administrative costs of 
     carrying out paragraphs (1) and (2).
       ``(c) Reservations and Allotments.--
       ``(1) Reservations.--From the amount reserved under section 
     1191(a) for each fiscal year, the Secretary shall reserve--
       ``(A) 0.5 percent of such amount for payments to outlying 
     areas, to be allotted in accordance with their respective 
     needs for assistance under this chapter, as determined by the 
     Secretary, for activities, approved by the Secretary, 
     consistent with this chapter; and
       ``(B) 6.5 percent of such amount for national activities 
     under sections 1211 and 1222, except that not more than 
     $2,000,000 of such amount may be reserved for the National 
     Clearinghouse for English Language Acquisition and Language 
     Instruction Educational Programs described in section 1222.
       ``(2) State allotments.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     from the amount reserved under section 1191(a) for each 
     fiscal year that remains after making the reservations under 
     paragraph (1), the Secretary shall allot to each State 
     educational agency having a plan approved under section 
     1192(c)--
       ``(i) an amount that bears the same relationship to 80 
     percent of the remainder as the number of English learners in 
     the State bears to the number of such children in all States, 
     as determined by data available from the American Community 
     Survey conducted by the Department of Commerce or State-
     reported data; and
       ``(ii) an amount that bears the same relationship to 20 
     percent of the remainder as the number of immigrant children 
     and youth in the State bears to the number of such children 
     and youth in all States, as determined based only on data 
     available from the American Community Survey conducted by the 
     Department of Commerce.
       ``(B) Minimum allotments.--No State educational agency 
     shall receive an allotment under this paragraph that is less 
     than $500,000.
       ``(C) Reallotment.--If any State educational agency 
     described in subparagraph (A) does not submit a plan to the 
     Secretary for a fiscal year, or submits a plan (or any 
     amendment to a plan) that the Secretary, after reasonable 
     notice and opportunity for a hearing, determines does not 
     satisfy the requirements of this chapter, the Secretary shall 
     reallot any portion of such allotment to the remaining State 
     educational agencies in accordance with subparagraph (A).
       ``(D) Special rule for puerto rico.--The total amount 
     allotted to Puerto Rico for any fiscal year under 
     subparagraph (A) shall not exceed 0.5 percent of the total 
     amount allotted to all States for that fiscal year.
       ``(3) Use of data for determinations.--In making State 
     allotments under paragraph (2) for each fiscal year, the 
     Secretary shall determine the number of English learners in a 
     State and in all States, using the most accurate, up-to-date 
     data, which shall be--
       ``(A) data from the American Community Survey conducted by 
     the Department of Commerce, which may be multiyear estimates;
       ``(B) the number of students being assessed for English 
     language proficiency, based on the State's English language 
     proficiency assessment under section 1111(b)(2)(D), which may 
     be multiyear estimates; or
       ``(C) a combination of data available under subparagraphs 
     (A) and (B).

     ``SEC. 1192. STATE EDUCATIONAL AGENCY PLANS.

       ``(a) Filing for Subgrants.--Each State educational agency 
     desiring a grant under this chapter shall submit a plan to 
     the Secretary at such time and in such manner as the 
     Secretary may require.
       ``(b) Contents.--Each plan submitted under subsection (a) 
     shall--
       ``(1) describe the process that the agency will use in 
     awarding subgrants to eligible entities under section 
     1193(d)(1);
       ``(2) provide an assurance that--
       ``(A) the agency will ensure that eligible entities 
     receiving a subgrant under this chapter comply with the 
     requirement in section 1111(b)(2)(B)(x) to annually assess in 
     English learners who have been in the United States for 3 or 
     more consecutive years;
       ``(B) the agency will ensure that eligible entities 
     receiving a subgrant under this chapter annually assess the 
     English proficiency of all English learners participating in 
     a program funded under this chapter, consistent with section 
     1111(b)(2)(D);
       ``(C) in awarding subgrants under section 1193, the agency 
     will address the needs of school systems of all sizes and in 
     all geographic areas, including school systems with rural and 
     urban schools;
       ``(D) subgrants to eligible entities under section 
     1193(d)(1) will be of sufficient size and scope to allow such 
     entities to carry out high-quality, evidence-based language 
     instruction educational programs for English learners;
       ``(E) the agency will require an eligible entity receiving 
     a subgrant under this chapter to use the subgrant in ways 
     that will build such recipient's capacity to continue to 
     offer high-quality evidence-based language instruction 
     educational programs that assist English learners in meeting 
     State academic standards;
       ``(F) the agency will monitor the eligible entity receiving 
     a subgrant under this chapter for compliance with applicable 
     Federal fiscal requirements; and
       ``(G) the plan has been developed in consultation with 
     local educational agencies, teachers, administrators of 
     programs implemented under this chapter, parents, and other 
     relevant stakeholders;
       ``(3) describe how the agency will coordinate its programs 
     and activities under this chapter with other programs and 
     activities under this Act and other Acts, as appropriate;
       ``(4) describe how eligible entities in the State will be 
     given the flexibility to teach English learners--

[[Page 2698]]

       ``(A) using a high-quality, evidence-based language 
     instruction curriculum for teaching English learners; and
       ``(B) in the manner the eligible entities determine to be 
     the most effective; and
       ``(5) describe how the agency will assist eligible entities 
     in increasing the number of English learners who acquire 
     English proficiency.
       ``(c) Approval.--The Secretary, after using a peer review 
     process, shall approve a plan submitted under subsection (a) 
     if the plan meets the requirements of this section.
       ``(d) Duration of Plan.--
       ``(1) In general.--Each plan submitted by a State 
     educational agency and approved under subsection (c) shall--
       ``(A) remain in effect for the duration of the agency's 
     participation under this chapter; and
       ``(B) be periodically reviewed and revised by the agency, 
     as necessary, to reflect changes to the agency's strategies 
     and programs carried out under this subpart.
       ``(2) Additional information.--
       ``(A) Amendments.--If the State educational agency amends 
     the plan, the agency shall submit such amendment to the 
     Secretary.
       ``(B) Approval.--The Secretary shall approve such amendment 
     to an approved plan, unless the Secretary determines that the 
     amendment will result in the agency not meeting the 
     requirements, or fulfilling the purposes, of this subpart.
       ``(e) Consolidated Plan.--A plan submitted under subsection 
     (a) may be submitted as part of a consolidated plan under 
     section 6302.
       ``(f) Secretary Assistance.--The Secretary shall provide 
     technical assistance, if requested by the State, in the 
     development of English proficiency standards and assessments.

     ``SEC. 1193. WITHIN-STATE ALLOCATIONS.

       ``(a) In General.--After making the reservation required 
     under subsection (d)(1), each State educational agency 
     receiving a grant under section 1191(c)(2) shall award 
     subgrants for a fiscal year by allocating in a timely manner 
     to each eligible entity in the State having a plan approved 
     under section 1195 an amount that bears the same relationship 
     to the amount received under the grant and remaining after 
     making such reservation as the population of English learners 
     in schools served by the eligible entity bears to the 
     population of English learners in schools served by all 
     eligible entities in the State.
       ``(b) Limitation.--A State educational agency shall not 
     award a subgrant from an allocation made under subsection (a) 
     if the amount of such subgrant would be less than $10,000.
       ``(c) Reallocation.--Whenever a State educational agency 
     determines that an amount from an allocation made to an 
     eligible entity under subsection (a) for a fiscal year will 
     not be used by the entity for the purpose for which the 
     allocation was made, the agency shall, in accordance with 
     such rules as it determines to be appropriate, reallocate 
     such amount, consistent with such subsection, to other 
     eligible entities in the State that the agency determines 
     will use the amount to carry out that purpose.
       ``(d) Required Reservation.--A State educational agency 
     receiving a grant under this chapter for a fiscal year--
       ``(1) shall reserve not more than 15 percent of the 
     agency's allotment under section 1191(c)(2) to award 
     subgrants to eligible entities in the State that have 
     experienced a significant increase, as compared to the 
     average of the 2 preceding fiscal years, in the percentage or 
     number of immigrant children and youth, who have enrolled, 
     during the fiscal year preceding the fiscal year for which 
     the subgrant is made, in public and nonpublic elementary 
     schools and secondary schools in the geographic areas under 
     the jurisdiction of, or served by, such entities; and
       ``(2) in awarding subgrants under paragraph (1)--
       ``(A) shall equally consider eligible entities that satisfy 
     the requirement of such paragraph but have limited or no 
     experience in serving immigrant children and youth; and
       ``(B) shall consider the quality of each local plan under 
     section 1195 and ensure that each subgrant is of sufficient 
     size and scope to meet the purposes of this subpart.

     ``SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES.

       ``(a) Purposes of Subgrants.--A State educational agency 
     may make a subgrant to an eligible entity from funds received 
     by the agency under this chapter only if the entity agrees to 
     expend the funds to improve the education of English 
     learners, by assisting the children to learn English and meet 
     State academic standards. In carrying out activities with 
     such funds, the eligible entity shall use evidence-based 
     approaches and methodologies for teaching English learners 
     and immigrant children and youth for the following purposes:
       ``(1) Developing and implementing new language instruction 
     educational programs and academic content instruction 
     programs for English learners and immigrant children and 
     youth, including programs of early childhood education, 
     elementary school programs, and secondary school programs.
       ``(2) Carrying out highly focused, innovative, locally 
     designed, evidence-based activities to expand or enhance 
     existing language instruction educational programs and 
     academic content instruction programs for English learners 
     and immigrant children and youth.
       ``(3) Implementing, within an individual school, schoolwide 
     programs for restructuring, reforming, and upgrading all 
     relevant programs, activities, and operations relating to 
     language instruction educational programs and academic 
     content instruction for English learners and immigrant 
     children and youth.
       ``(4) Implementing, within the entire jurisdiction of a 
     local educational agency, agencywide programs for 
     restructuring, reforming, and upgrading all relevant 
     programs, activities, and operations relating to language 
     instruction educational programs and academic content 
     instruction for English learners and immigrant children and 
     youth.
       ``(b) Administrative Expenses.--Each eligible entity 
     receiving funds under section 1193(a) for a fiscal year shall 
     use not more than 2 percent of such funds for the cost of 
     administering this chapter.
       ``(c) Required Subgrantee Activities.--An eligible entity 
     receiving funds under section 1193(a) shall use the funds--
       ``(1) to increase the English language proficiency of 
     English learners by providing high-quality, evidence-based 
     language instruction educational programs that meet the needs 
     of English learners and have demonstrated success in 
     increasing--
       ``(A) English language proficiency; and
       ``(B) student academic achievement;
       ``(2) to provide high-quality, evidence-based professional 
     development to classroom teachers (including teachers in 
     classroom settings that are not the settings of language 
     instruction educational programs), school leaders, 
     administrators, and other school or community-based 
     organization personnel, that is--
       ``(A) designed to improve the instruction and assessment of 
     English learners;
       ``(B) designed to enhance the ability of teachers and 
     school leaders to understand and implement curricula, 
     assessment practices and measures, and instruction strategies 
     for English learners;
       ``(C) evidence-based in increasing children's English 
     language proficiency or substantially increasing the subject 
     matter knowledge, teaching knowledge, and teaching skills of 
     teachers; and
       ``(D) of sufficient intensity and duration (which shall not 
     include activities such as one-day or short-term workshops 
     and conferences) to have a positive and lasting impact on the 
     teachers' performance in the classroom, except that this 
     subparagraph shall not apply to an activity that is one 
     component of a long-term, comprehensive professional 
     development plan established by a teacher and the teacher's 
     supervisor based on an assessment of the needs of the 
     teacher, the supervisor, the students of the teacher, and any 
     local educational agency employing the teacher, as 
     appropriate; and
       ``(3) to provide and implement other evidence-based 
     activities and strategies that enhance or supplement language 
     instruction educational programs for English learners, 
     including parental and community engagement activities and 
     strategies that serve to coordinate and align related 
     programs.
       ``(d) Authorized Subgrantee Activities.--Subject to 
     subsection (c), an eligible entity receiving funds under 
     section 1193(a) may use the funds to achieve one of the 
     purposes described in subsection (a) by undertaking one or 
     more of the following activities:
       ``(1) Upgrading program objectives and effective 
     instruction strategies.
       ``(2) Improving the instruction program for English 
     learners by identifying, acquiring, and upgrading curricula, 
     instruction materials, educational software, and assessment 
     procedures.
       ``(3) Providing to English learners--
       ``(A) tutorials and academic or career education for 
     English learners; and
       ``(B) intensified instruction.
       ``(4) Developing and implementing elementary school or 
     secondary school language instruction educational programs 
     that are coordinated with other relevant programs and 
     services.
       ``(5) Improving the English language proficiency and 
     academic achievement of English learners.
       ``(6) Providing community participation programs, family 
     literacy services, and parent outreach and training 
     activities to English learners and their families--
       ``(A) to improve the English language skills of English 
     learners; and
       ``(B) to assist parents in helping their children to 
     improve their academic achievement and becoming active 
     participants in the education of their children.
       ``(7) Improving the instruction of English learners by 
     providing for--
       ``(A) the acquisition or development of educational 
     technology or instructional materials;
       ``(B) access to, and participation in, electronic networks 
     for materials, training, and communication; and
       ``(C) incorporation of the resources described in 
     subparagraphs (A) and (B) into curricula and programs, such 
     as those funded under this chapter.
       ``(8) Carrying out other activities that are consistent 
     with the purposes of this section.
       ``(e) Activities by Agencies Experiencing Substantial 
     Increases in Immigrant Children and Youth.--
       ``(1) In general.--An eligible entity receiving funds under 
     section 1193(d)(1) shall use the funds to pay for activities 
     that provide enhanced instructional opportunities for 
     immigrant children and youth, which may include--
       ``(A) family literacy, parent outreach, and training 
     activities designed to assist parents to become active 
     participants in the education of their children;
       ``(B) support for personnel, including paraprofessionals 
     who have been specifically trained, or are being trained, to 
     provide services to immigrant children and youth;

[[Page 2699]]

       ``(C) provision of tutorials, mentoring, and academic or 
     career counseling for immigrant children and youth;
       ``(D) identification, development, and acquisition of 
     curricular materials, educational software, and technologies 
     to be used in the program carried out with awarded funds;
       ``(E) basic instruction services that are directly 
     attributable to the presence in the local educational agency 
     involved of immigrant children and youth, including the 
     payment of costs of providing additional classroom supplies, 
     costs of transportation, or such other costs as are directly 
     attributable to such additional basic instruction services;
       ``(F) other instruction services that are designed to 
     assist immigrant children and youth to achieve in elementary 
     schools and secondary schools in the United States, such as 
     programs of introduction to the educational system and civics 
     education; and
       ``(G) activities, coordinated with community-based 
     organizations, institutions of higher education, private 
     sector entities, or other entities with expertise in working 
     with immigrants, to assist parents of immigrant children and 
     youth by offering comprehensive community services.
       ``(2) Duration of subgrants.--The duration of a subgrant 
     made by a State educational agency under section 1193(d)(1) 
     shall be determined by the agency in its discretion.
       ``(f) Selection of Method of Instruction.--
       ``(1) In general.--To receive a subgrant from a State 
     educational agency under this chapter, an eligible entity 
     shall select one or more methods or forms of instruction to 
     be used in the programs and activities undertaken by the 
     entity to assist English learners to attain English language 
     proficiency and meet State academic standards.
       ``(2) Consistency.--Such selection shall be consistent with 
     sections 1204 through 1206.
       ``(g) Supplement, Not Supplant.--Federal funds made 
     available under this chapter shall be used so as to 
     supplement the level of Federal, State, and local public 
     funds that, in the absence of such availability, would have 
     been expended for programs for English learners and immigrant 
     children and youth and in no case to supplant such Federal, 
     State, and local public funds.

     ``SEC. 1195. LOCAL PLANS.

       ``(a) Filing for Subgrants.--Each eligible entity desiring 
     a subgrant from the State educational agency under section 
     1193 shall submit a plan to the State educational agency at 
     such time, in such manner, and containing such information as 
     the State educational agency may require.
       ``(b) Contents.--Each plan submitted under subsection (a) 
     shall--
       ``(1) describe the evidence-based programs and activities 
     proposed to be developed, implemented, and administered under 
     the subgrant that will help English learners increase their 
     English language proficiency and meet the State academic 
     standards;
       ``(2) describe how the eligible entity will hold elementary 
     schools and secondary schools receiving funds under this 
     chapter accountable for annually assessing the English 
     language proficiency of all children participating under this 
     subpart, consistent with section 1111(b);
       ``(3) describe how the eligible entity will promote parent 
     and community engagement in the education of English 
     learners;
       ``(4) contain an assurance that the eligible entity 
     consulted with teachers, researchers, school administrators, 
     parents and community members, public or private 
     organizations, and institutions of higher education, in 
     developing and implementing such plan;
       ``(5) describe how language instruction educational 
     programs carried out under the subgrant will ensure that 
     English learners being served by the programs develop English 
     language proficiency; and
       ``(6) contain assurances that--
       ``(A) each local educational agency that is included in the 
     eligible entity is complying with section 1112(g) prior to, 
     and throughout, each school year; and
       ``(B) the eligible entity is not in violation of any State 
     law, including State constitutional law, regarding the 
     education of English learners, consistent with sections 1205 
     and 1206.
       ``(c) Teacher English Fluency.--Each eligible entity 
     receiving a subgrant under section 1193 shall include in its 
     plan a certification that all teachers in any language 
     instruction educational program for English learners that is, 
     or will be, funded under this subpart are fluent in English 
     and any other language used for instruction, including having 
     written and oral communications skills.

                      ``CHAPTER B--ADMINISTRATION

     ``SEC. 1201. REPORTING.

       ``(a) In General.--Each eligible entity that receives a 
     subgrant from a State educational agency under chapter A 
     shall provide such agency, at the conclusion of every second 
     fiscal year during which the subgrant is received, with a 
     report, in a form prescribed by the agency, on the activities 
     conducted and students served under this subpart that 
     includes--
       ``(1) a description of the programs and activities 
     conducted by the entity with funds received under chapter A 
     during the two immediately preceding fiscal years, including 
     how such programs and activities supplemented programs funded 
     primarily with State or local funds;
       ``(2) a description of the progress made by English 
     learners in learning the English language and in meeting 
     State academic standards;
       ``(3) the number and percentage of English learners in the 
     programs and activities attaining English language 
     proficiency based on the State English language proficiency 
     standards established under section 1111(b)(1)(E) by the end 
     of each school year, as determined by the State's English 
     language proficiency assessment under section 1111(b)(2)(D);
       ``(4) the number of English learners who exit the language 
     instruction educational programs based on their attainment of 
     English language proficiency and transitioned to classrooms 
     not tailored for English learners;
       ``(5) a description of the progress made by English 
     learners in meeting the State academic standards for each of 
     the 2 years after such children are no longer receiving 
     services under this subpart;
       ``(6) the number and percentage of English learners who 
     have not attained English language proficiency within five 
     years of initial classification as an English learner and 
     first enrollment in the local educational agency; and
       ``(7) any such other information as the State educational 
     agency may require.
       ``(b) Use of Report.--A report provided by an eligible 
     entity under subsection (a) shall be used by the entity and 
     the State educational agency--
       ``(1) to determine the effectiveness of programs and 
     activities in assisting children who are English learners--
       ``(A) to attain English language proficiency; and
       ``(B) to make progress in meeting State academic standards 
     under section 1111(b)(1); and
       ``(2) upon determining the effectiveness of programs and 
     activities based on the criteria in paragraph (1), to decide 
     how to improve programs.

     ``SEC. 1202. ANNUAL REPORT.

       ``(a) States.--Based upon the reports provided to a State 
     educational agency under section 1201, each such agency that 
     receives a grant under this subpart shall prepare and submit 
     annually to the Secretary a report on programs and activities 
     carried out by the State educational agency under this 
     subpart and the effectiveness of such programs and activities 
     in improving the education provided to English learners.
       ``(b) Secretary.--Annually, the Secretary shall prepare and 
     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 a report--
       ``(1) on programs and activities carried out to serve 
     English learners under this subpart, and the effectiveness of 
     such programs and activities in improving the academic 
     achievement and English language proficiency of English 
     learners;
       ``(2) on the types of language instruction educational 
     programs used by local educational agencies or eligible 
     entities receiving funding under this subpart to teach 
     English learners;
       ``(3) containing a critical synthesis of data reported by 
     eligible entities to States under section 1201(a);
       ``(4) containing a description of technical assistance and 
     other assistance provided by State educational agencies under 
     section 1191(b)(2)(C);
       ``(5) containing an estimate of the number of effective 
     teachers working in language instruction educational programs 
     and educating English learners, and an estimate of the number 
     of such teachers that will be needed for the succeeding 5 
     fiscal years;
       ``(6) containing the number of programs or activities, if 
     any, that were terminated because the entities carrying out 
     the programs or activities were not able to reach program 
     goals;
       ``(7) containing the number of English learners served by 
     eligible entities receiving funding under this subpart who 
     were transitioned out of language instruction educational 
     programs funded under this subpart into classrooms where 
     instruction is not tailored for English learners; and
       ``(8) containing other information gathered from other 
     reports submitted to the Secretary under this subpart when 
     applicable.

     ``SEC. 1203. COORDINATION WITH RELATED PROGRAMS.

       ``In order to maximize Federal efforts aimed at serving the 
     educational needs of English learners, the Secretary shall 
     coordinate and ensure close cooperation with other entities 
     carrying out programs serving language-minority and English 
     learners that are administered by the Department and other 
     agencies. The Secretary shall report to the Congress on 
     parallel Federal programs in other agencies and departments.

     ``SEC. 1204. RULES OF CONSTRUCTION.

       ``Nothing in this subpart shall be construed--
       ``(1) to prohibit a local educational agency from serving 
     English learners simultaneously with children with similar 
     educational needs, in the same educational settings where 
     appropriate;
       ``(2) to require a State or a local educational agency to 
     establish, continue, or eliminate any particular type of 
     instructional program for English learners; or
       ``(3) to limit the preservation or use of Native American 
     languages.

     ``SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW.

       ``Nothing in this subpart shall be construed to negate or 
     supersede State law, or the legal authority under State law 
     of any State agency, State entity, or State public official, 
     over programs that are under the jurisdiction of the State 
     agency, entity, or official.

     ``SEC. 1206. CIVIL RIGHTS.

       ``Nothing in this subpart shall be construed in a manner 
     inconsistent with any Federal law guaranteeing a civil right.

[[Page 2700]]



     ``SEC. 1207. PROHIBITION.

       ``In carrying out this subpart, the Secretary shall neither 
     mandate nor preclude the use of a particular curricular or 
     pedagogical approach to educating English learners.

     ``SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

       ``Notwithstanding any other provision of this subpart, 
     programs authorized under this subpart that serve Native 
     American (including Native American Pacific Islander) 
     children and children in the Commonwealth of Puerto Rico may 
     include programs of instruction, teacher training, curriculum 
     development, evaluation, and assessment designed for Native 
     American children learning and studying Native American 
     languages and children of limited Spanish proficiency, except 
     that an outcome of programs serving such children shall be 
     increased English proficiency among such children.

                    ``CHAPTER C--NATIONAL ACTIVITIES

     ``SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

       ``The Secretary shall use funds made available under 
     section 1191(c)(1)(B) to award grants on a competitive basis, 
     for a period of not more than 5 years, to institutions of 
     higher education or public or private organizations with 
     relevant experience and capacity (in consortia with State 
     educational agencies or local educational agencies) to 
     provide for professional development activities that will 
     improve classroom instruction for English learners and assist 
     educational personnel working with such children to meet high 
     professional standards, including standards for certification 
     and licensure as teachers who work in language instruction 
     educational programs or serve English learners. Grants 
     awarded under this subsection may be used--
       ``(1) for preservice, evidence-based professional 
     development programs that will assist local schools and 
     institutions of higher education to upgrade the 
     qualifications and skills of educational personnel who are 
     not certified or licensed, especially educational 
     paraprofessionals;
       ``(2) for the development of curricula or other 
     instructional strategies appropriate to the needs of the 
     consortia participants involved;
       ``(3) to support strategies that strengthen and increase 
     parent and community member engagement in the education of 
     English learners; and
       ``(4) to share and disseminate evidence-based practices in 
     the instruction of English learners and in increasing their 
     student achievement.

                    ``CHAPTER D--GENERAL PROVISIONS

     ``SEC. 1221. DEFINITIONS.

       ``Except as otherwise provided, in this subpart:
       ``(1) Child.--The term `child' means any individual aged 3 
     through 21.
       ``(2) Community-based organization.--The term `community-
     based organization' means a private nonprofit organization of 
     demonstrated effectiveness, Indian tribe, or tribally 
     sanctioned educational authority, that is representative of a 
     community or significant segments of a community and that 
     provides educational or related services to individuals in 
     the community. Such term includes a Native Hawaiian or Native 
     American Pacific Islander native language educational 
     organization.
       ``(3) Eligible entity.--The term `eligible entity' means--
       ``(A) one or more local educational agencies; or
       ``(B) one or more local educational agencies, in consortia 
     (or collaboration) with an institution of higher education, 
     community-based organization, or State educational agency.
       ``(4) Immigrant children and youth.--The term `immigrant 
     children and youth' means individuals who--
       ``(A) are age 3 through 21;
       ``(B) were not born in any State; and
       ``(C) have not been attending one or more schools in any 
     one or more States for more than 3 full academic years.
       ``(5) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Native village or Regional 
     Corporation or Village Corporation as defined in or 
     established pursuant to the Alaska Native Claims Settlement 
     Act, that is recognized as eligible for the special programs 
     and services provided by the United States to Indians because 
     of their status as Indians.
       ``(6) Language instruction educational program.--The term 
     `language instruction educational program' means an 
     instruction course--
       ``(A) in which an English learner is placed for the purpose 
     of developing and attaining English language proficiency, 
     while meeting State academic standards, as required by 
     section 1111(b)(1); and
       ``(B) that may make instructional use of both English and a 
     child's native language to enable the child to develop and 
     attain English language proficiency, and may include the 
     participation of English language proficient children if such 
     course is designed to enable all participating children to 
     become proficient in English and a second language.
       ``(7) Native language.--The term `native language', when 
     used with reference to English learner, means--
       ``(A) the language normally used by such individual; or
       ``(B) in the case of a child or youth, the language 
     normally used by the parents of the child or youth.
       ``(8) Paraprofessional.--The term `paraprofessional' means 
     an individual who is employed in a preschool, elementary 
     school, or secondary school under the supervision of a 
     certified or licensed teacher, including individuals employed 
     in language instruction educational programs, special 
     education, and migratory education.
       ``(9) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.

     ``SEC. 1222. NATIONAL CLEARINGHOUSE.

       ``(a) In General.--The Secretary shall establish and 
     support the operation of a National Clearinghouse for English 
     Language Acquisition and Language Instruction Educational 
     Programs, which shall collect, analyze, synthesize, and 
     disseminate information about language instruction 
     educational programs for English learners, and related 
     programs. The National Clearinghouse shall--
       ``(1) be administered as an adjunct clearinghouse of the 
     Educational Resources Information Center Clearinghouses 
     system supported by the Institute of Education Sciences;
       ``(2) coordinate activities with Federal data and 
     information clearinghouses and entities operating Federal 
     dissemination networks and systems;
       ``(3) develop a system for improving the operation and 
     effectiveness of federally funded language instruction 
     educational programs;
       ``(4) collect and disseminate information on--
       ``(A) educational research and processes related to the 
     education of English learners; and
       ``(B) accountability systems that monitor the academic 
     progress of English learners in language instruction 
     educational programs, including information on academic 
     content and English language proficiency assessments for 
     language instruction educational programs; and
       ``(5) publish, on an annual basis, a list of grant 
     recipients under this subpart.
       ``(b) Construction.--Nothing in this section shall 
     authorize the Secretary to hire new personnel to execute 
     subsection (a).

     ``SEC. 1223. REGULATIONS.

       ``In developing regulations under this subpart, the 
     Secretary shall consult with State educational agencies and 
     local educational agencies, organizations representing 
     English learners, and organizations representing teachers and 
     other personnel involved in the education of English 
     learners.

            ``Subpart 5--Rural Education Achievement Program

     ``SEC. 1230. PURPOSE.

       ``It is the purpose of this subpart to address the unique 
     needs of rural school districts that frequently--
       ``(1) lack the personnel and resources needed to compete 
     effectively for Federal competitive grants; and
       ``(2) receive formula grant allocations in amounts too 
     small to be effective in meeting their intended purposes.

          ``CHAPTER A--SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM

     ``SEC. 1231. GRANT PROGRAM AUTHORIZED.

       ``(a) In General.--From amounts appropriated under section 
     3(a)(1) for a fiscal year, the Secretary shall reserve 0.6 of 
     one percent to award grants to eligible local educational 
     agencies to enable the local educational agencies to carry 
     out activities authorized under any of the following 
     provisions:
       ``(1) Part A of title I.
       ``(2) Title II.
       ``(3) Title III.
       ``(b) Allocation.--
       ``(1) In general.--Except as provided in paragraph (3), the 
     Secretary shall award a grant under subsection (a) to a local 
     educational agency eligible under subsection (d) for a fiscal 
     year in an amount equal to the initial amount determined 
     under paragraph (2) for the fiscal year minus the total 
     amount received by the agency in subpart 2 of part A of title 
     II for the preceding fiscal year.
       ``(2) Determination of initial amount.--The initial amount 
     referred to in paragraph (1) is equal to $100 multiplied by 
     the total number of students in excess of 50 students, in 
     average daily attendance at the schools served by the local 
     educational agency, plus $20,000, except that the initial 
     amount may not exceed $60,000.
       ``(3) Ratable adjustment.--
       ``(A) In general.--If the amount made available to carry 
     out this section for any fiscal year is not sufficient to pay 
     in full the amounts that local educational agencies are 
     eligible to receive under paragraph (1) for such year, the 
     Secretary shall ratably reduce such amounts for such year.
       ``(B) Additional amounts.--If additional funds become 
     available for making payments under paragraph (1) for such 
     fiscal year, payments that were reduced under subparagraph 
     (A) shall be increased on the same basis as such payments 
     were reduced.
       ``(c) Disbursement.--The Secretary shall disburse the funds 
     awarded to a local educational agency under this section for 
     a fiscal year not later than July 1 of that fiscal year.
       ``(d) Eligibility.--
       ``(1) In general.--A local educational agency shall be 
     eligible to use the applicable funding in accordance with 
     subsection (a) if--
       ``(A)(i)(I) the total number of students in average daily 
     attendance at all of the schools served by the local 
     educational agency is fewer than 600; or
       ``(II) each county in which a school served by the local 
     educational agency is located has a total population density 
     of fewer than 10 persons per square mile; and
       ``(ii) all of the schools served by the local educational 
     agency are designated with a school locale code of 41, 42, or 
     43, as determined by the Secretary; or

[[Page 2701]]

       ``(B) the agency meets the criteria established in 
     subparagraph (A)(i) and the Secretary, in accordance with 
     paragraph (2), grants the local educational agency's request 
     to waive the criteria described in subparagraph (A)(ii).
       ``(2) Certification.--The Secretary shall determine whether 
     to waive the criteria described in paragraph (1)(A)(ii) based 
     on a demonstration by the local educational agency, and 
     concurrence by the State educational agency, that the local 
     educational agency is located in an area defined as rural by 
     a governmental agency of the State.
       ``(3) Hold harmless.--For a local educational agency that 
     is not eligible under this chapter but met the eligibility 
     requirements under this subsection as it was in effect prior 
     to the date of the enactment of the Student Success Act, the 
     agency shall receive--
       ``(A) for fiscal year 2016, 75 percent of the amount such 
     agency received for fiscal year 2013;
       ``(B) for fiscal year 2017, 50 percent of the amount such 
     agency received for fiscal year 2013; and
       ``(C) for fiscal year 2018, 25 percent of the amount such 
     agency received for fiscal year 2013.
       ``(e) Special Eligibility Rule.--A local educational agency 
     that receives a grant under this chapter for a fiscal year is 
     not eligible to receive funds for such fiscal year under 
     chapter B.

            ``CHAPTER B--RURAL AND LOW-INCOME SCHOOL PROGRAM

     ``SEC. 1235. PROGRAM AUTHORIZED.

       ``(a) Grants to States.--
       ``(1) In general.--From amounts appropriated under section 
     3(a)(1) for a fiscal year, the Secretary shall reserve 0.6 of 
     one percent for this chapter for a fiscal year that are not 
     reserved under subsection (c) to award grants (from 
     allotments made under paragraph (2)) for the fiscal year to 
     State educational agencies that have applications submitted 
     under section 1237 approved to enable the State educational 
     agencies to award grants to eligible local educational 
     agencies for local authorized activities described in section 
     1236(a).
       ``(2) Allotment.--From amounts described in paragraph (1) 
     for a fiscal year, the Secretary shall allot to each State 
     educational agency for that fiscal year an amount that bears 
     the same ratio to those amounts as the number of students in 
     average daily attendance served by eligible local educational 
     agencies in the State for that fiscal year bears to the 
     number of all such students served by eligible local 
     educational agencies in all States for that fiscal year.
       ``(3) Specially qualified agencies.--
       ``(A) Eligibility and application.--If a State educational 
     agency elects not to participate in the program under this 
     subpart or does not have an application submitted under 
     section 1237 approved, a specially qualified agency in such 
     State desiring a grant under this subpart may submit an 
     application under such section directly to the Secretary to 
     receive an award under this subpart.
       ``(B) Direct awards.--The Secretary may award, on a 
     competitive basis or by formula, the amount the State 
     educational agency is eligible to receive under paragraph (2) 
     directly to a specially qualified agency in the State that 
     has submitted an application in accordance with subparagraph 
     (A) and obtained approval of the application.
       ``(C) Specially qualified agency defined.--In this subpart, 
     the term `specially qualified agency' means an eligible local 
     educational agency served by a State educational agency that 
     does not participate in a program under this subpart in a 
     fiscal year, that may apply directly to the Secretary for a 
     grant in such year under this subsection.
       ``(b) Local Awards.--
       ``(1) Eligibility.--A local educational agency shall be 
     eligible to receive a grant under this subpart if--
       ``(A) 20 percent or more of the children ages 5 through 17 
     years served by the local educational agency are from 
     families with incomes below the poverty line; and
       ``(B) all of the schools served by the agency are 
     designated with a school locale code of 32, 33, 41, 42, 43, 
     as determined by the Secretary.
       ``(2) Award basis.--A State educational agency shall award 
     grants to eligible local educational agencies--
       ``(A) on a competitive basis;
       ``(B) according to a formula based on the number of 
     students in average daily attendance served by the eligible 
     local educational agencies or schools in the State; or
       ``(C) according to an alternative formula, if, prior to 
     awarding the grants, the State educational agency 
     demonstrates, to the satisfaction of the Secretary, that the 
     alternative formula enables the State educational agency to 
     allot the grant funds in a manner that serves equal or 
     greater concentrations of children from families with incomes 
     below the poverty line, relative to the concentrations that 
     would be served if the State educational agency used the 
     formula described in subparagraph (B).
       ``(c) Reservations.--From amounts reserved under section 
     1235(a)(1) for this chapter for a fiscal year, the Secretary 
     shall reserve--
       ``(1) one-half of 1 percent to make awards to elementary 
     schools or secondary schools operated or supported by the 
     Bureau of Indian Education, to carry out the activities 
     authorized under this chapter; and
       ``(2) one-half of 1 percent to make awards to the outlying 
     areas in accordance with their respective needs, to carry out 
     the activities authorized under this chapter.

     ``SEC. 1236. USES OF FUNDS.

       ``(a) Local Awards.--Grant funds awarded to local 
     educational agencies under this chapter shall be used for 
     activities authorized under any of the following:
       ``(1) Part A of title I.
       ``(2) Title II.
       ``(3) Title III.
       ``(b) Administrative Costs.--A State educational agency 
     receiving a grant under this chapter may not use more than 5 
     percent of the amount of the grant for State administrative 
     costs and to provide technical assistance to eligible local 
     educational agencies.

     ``SEC. 1237. APPLICATIONS.

       ``(a) In General.--Each State educational agency or 
     specially qualified agency desiring to receive a grant under 
     this chapter shall submit an application to the Secretary at 
     such time and in such manner as the Secretary may require.
       ``(b) Contents.--Each application submitted under 
     subsection (a) shall include--
       ``(1) a description of how the State educational agency or 
     specially qualified agency will ensure eligible local 
     educational agencies receiving a grant under this chapter 
     will use such funds to help students meet the State academic 
     standards under section 1111(b)(1);
       ``(2) if the State educational agency or specially 
     qualified agency will competitively award grants to eligible 
     local educational agencies, as described in section 
     1235(b)(2)(A), the application under the section shall 
     include--
       ``(A) the methods and criteria the State educational agency 
     or specially qualified agency will use for reviewing 
     applications and awarding funds to local educational agencies 
     on a competitive basis; and
       ``(B) how the State educational agency or specially 
     qualified agency will notify eligible local educational 
     agencies of the grant competition; and
       ``(3) a description of how the State educational agency or 
     specially qualified agency will provide technical assistance 
     to eligible local educational agencies to help such agencies 
     implement the activities described in section 1236(a).

     ``SEC. 1238. ACCOUNTABILITY.

       ``Each State educational agency or specially qualified 
     agency that receives a grant under this chapter shall prepare 
     and submit an annual report to the Secretary. The report 
     shall describe--
       ``(1) the methods and criteria the State educational agency 
     or specially qualified agency used to award grants to 
     eligible local educational agencies, and to provide 
     assistance to schools, under this chapter;
       ``(2) how local educational agencies and schools used funds 
     provided under this chapter; and
       ``(3) the degree to which progress has been made toward 
     having all students meet the State academic standards under 
     section 1111(b)(1).

     ``SEC. 1239. CHOICE OF PARTICIPATION.

       ``(a) In General.--If a local educational agency is 
     eligible for funding under chapters A and B of this subpart, 
     such local educational agency may receive funds under either 
     chapter A or chapter B for a fiscal year, but may not receive 
     funds under both chapters.
       ``(b) Notification.--A local educational agency eligible 
     for both chapters A and B of this subpart shall notify the 
     Secretary and the State educational agency under which of 
     such chapters such local educational agency intends to 
     receive funds for a fiscal year by a date that is established 
     by the Secretary for the notification.

                    ``CHAPTER C--GENERAL PROVISIONS

     ``SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.

       ``(a) Census Determination.--Each local educational agency 
     desiring a grant under section 1231 and each local 
     educational agency or specially qualified agency desiring a 
     grant under chapter B shall--
       ``(1) not later than December 1 of each year, conduct a 
     census to determine the number of students in average daily 
     attendance in kindergarten through grade 12 at the schools 
     served by the agency; and
       ``(2) not later than March 1 of each year, submit the 
     number described in paragraph (1) to the Secretary (and to 
     the State educational agency, in the case of a local 
     educational agency seeking a grant under subpart 2).
       ``(b) Penalty.--If the Secretary determines that a local 
     educational agency or specially qualified agency has 
     knowingly submitted false information under subsection (a) 
     for the purpose of gaining additional funds under section 
     1231 or chapter B, then the agency shall be fined an amount 
     equal to twice the difference between the amount the agency 
     received under this section and the correct amount the agency 
     would have received under section 1231 or chapter B if the 
     agency had submitted accurate information under subsection 
     (a).

     ``SEC. 1242. SUPPLEMENT, NOT SUPPLANT.

       ``Funds made available under chapter A or chapter B shall 
     be used to supplement, and not supplant, any other Federal, 
     State, or local education funds.

     ``SEC. 1243. RULE OF CONSTRUCTION.

       ``Nothing in this subpart shall be construed to prohibit a 
     local educational agency that enters into cooperative 
     arrangements with other local educational agencies for the 
     provision of special, compensatory, or other education 
     services, pursuant to State law or a written agreement, from 
     entering into similar arrangements for the use, or the 
     coordination of the use, of the funds made available under 
     this subpart.''.
       (b) Strike.--The Act is amended by striking title VII (20 
     U.S.C. 7401 et seq.).

[[Page 2702]]



                    Subtitle D--National Assessment

     SEC. 141. NATIONAL ASSESSMENT OF TITLE I.

       (a) In General.--Part E of title I (20 U.S.C. 6491 et seq.) 
     is redesignated as part B of title I.
       (b) Repeals.--Sections 1502 and 1504 (20 U.S.C. 6492; 6494) 
     are repealed.
       (c) Redesignations.--Sections 1501 and 1503 (20 U.S.C. 
     6491; 6493) are redesignated as sections 1301 and 1302, 
     respectively.
       (d) Amendments to Section 1301.--Section 1301 (20 U.S.C. 
     6491), as so redesignated, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``, acting through the 
     Director of the Institute of Education Sciences (in this 
     section and section 1302 referred to as the `Director'),'' 
     after ``The Secretary'';
       (B) in paragraph (2)--
       (i) by striking ``Secretary'' and inserting ``Director'';
       (ii) in subparagraph (A), by striking ``reaching the 
     proficient level'' and all that follows and inserting 
     ``graduating high school prepared for postsecondary education 
     or the workforce.'';
       (iii) in subparagraph (B), by striking ``reach the 
     proficient'' and all that follows and inserting ``meet State 
     academic standards.'';
       (iv) by striking subparagraphs (D) and (G) and 
     redesignating subparagraphs (E), (F), and (H) through (O) as 
     subparagraphs (D) through (M), respectively;
       (v) in subparagraph (D)(v) (as so redesignated), by 
     striking ``help schools in which'' and all that follows and 
     inserting ``address disparities in the percentages of 
     effective teachers teaching in low-income schools.'';
       (vi) in subparagraph (G) (as so redesignated)--

       (I) by striking ``section 1116'' and inserting ``section 
     1111(b)(3)(B)(iii)''; and
       (II) by striking ``, including the following'' and all that 
     follows and inserting a period;

       (vii) in subparagraph (I) (as so redesignated), by striking 
     ``qualifications'' and inserting ``effectiveness'';
       (viii) in subparagraph (J) (as so redesignated), by 
     striking ``, including funds under section 1002,'';
       (ix) in subparagraph (L) (as so redesignated), by striking 
     ``section 1111(b)(2)(C)(v)(II)'' and inserting ``section 
     1111(b)(3)(B)(ii)(II)''; and
       (x) in subparagraph (M) (as so redesignated), by striking 
     ``Secretary'' and inserting ``Director'';
       (C) in paragraph (3), by striking ``Secretary'' and 
     inserting ``Director'';
       (D) in paragraph (4), by striking ``Secretary'' and 
     inserting ``Director'';
       (E) in paragraph (5), by striking ``Secretary'' and 
     inserting ``Director''; and
       (F) in paragraph (6)--
       (i) by striking ``No Child Left Behind Act of 2001'' each 
     place it appears and inserting ``Student Success Act''; and
       (ii) by striking ``Secretary'' each place it appears and 
     inserting ``Director'';
       (2) in subsection (b), by striking ``Secretary'' each place 
     it appears and inserting ``Director'';
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``Secretary'' and inserting ``Director''; 
     and
       (ii) by striking ``part A'' and inserting ``subpart 1 of 
     part A'';
       (B) in paragraph (2)--
       (i) by striking ``Secretary'' and inserting ``Director'';
       (ii) in subparagraph (B), by striking ``challenging 
     academic achievement standards'' and inserting ``State 
     academic standards'';
       (iii) in subparagraph (E), by striking ``effects of the 
     availability'' and all that follows and inserting ``extent to 
     which actions authorized under section 1111(b)(3)(B)(iii) 
     improve the academic achievement of disadvantaged students 
     and low-performing schools.''; and
       (iv) in subparagraph (F), by striking ``Secretary'' and 
     inserting ``Director''; and
       (C) in paragraph (3)--
       (i) by striking ``Secretary'' and inserting ``Director''; 
     and
       (ii) by striking subparagraph (C) and inserting the 
     following:
       ``(C) analyzes varying models or strategies for delivering 
     school services, including schoolwide and targeted 
     services.''; and
       (4) in subsection (d), by striking ``Secretary'' each place 
     it appears and inserting ``Director''.
       (e) Amendments to Section 1302.--Section 1302 (20 U.S.C. 
     6493), as so redesignated, is amended--
       (1) in subsection (a)--
       (A) by striking ``Secretary'' and inserting ``Director''; 
     and
       (B) by striking ``and for making decisions about the 
     promotion and graduation of students'';
       (2) in subsection (b)--
       (A) by striking ``Secretary'' the first place it appears 
     and inserting ``Director'';
       (B) by striking ``process,'' and inserting ``process 
     consistent with section 1111(e)(1),''; and
       (C) by striking ``Assistant Secretary of Educational 
     Research and Improvement'' and inserting ``Director'';
       (3) in subsection (d)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``to the State-defined 
     level of proficiency'' and inserting ``toward meeting the 
     State academic standards''; and
       (ii) in subparagraph (C), by striking ``pupil-services'' 
     and inserting ``specialized instructional support services'';
       (B) in paragraph (3), by striking ``limited and nonlimited 
     English proficient students'' and inserting ``English 
     learners and non-English learners''; and
       (C) in paragraph (6), by striking ``Secretary'' and 
     inserting ``Director''; and
       (4) in subsection (f)--
       (A) by striking ``Secretary'' and inserting ``Director''; 
     and
       (B) by striking ``authorized to be appropriated for this 
     part'' and inserting ``appropriated under section 3(a)(2)''.

                 Subtitle E--Title I General Provisions

     SEC. 151. GENERAL PROVISIONS FOR TITLE I.

       Part I of title I (20 U.S.C. 6571 et seq.)--
       (1) is transferred to appear after part B (as 
     redesignated); and
       (2) is amended to read as follows:

                      ``PART C--GENERAL PROVISIONS

     ``SEC. 1401. FEDERAL REGULATIONS.

       ``(a) In General.--The Secretary may, in accordance with 
     subsections (b) through (d), issue such regulations as are 
     necessary to reasonably ensure there is compliance with this 
     title.
       ``(b) Negotiated Rulemaking Process.--
       ``(1) In general.--Before publishing in the Federal 
     Register proposed regulations to carry out this title, the 
     Secretary shall obtain the advice and recommendations of 
     representatives of Federal, State, and local administrators, 
     parents, teachers, and members of local school boards and 
     other organizations involved with the implementation and 
     operation of programs under this title, including those 
     representatives and members nominated by local and national 
     stakeholder representatives.
       ``(2) Meetings and electronic exchange.--Such advice and 
     recommendations may be obtained through such mechanisms as 
     regional meetings and electronic exchanges of information. 
     Such regional meetings and electronic exchanges of 
     information shall be public and notice of such meetings and 
     exchanges shall be provided to interested stakeholders.
       ``(3) Proposed regulations.--After obtaining such advice 
     and recommendations, and before publishing proposed 
     regulations, the Secretary shall--
       ``(A) establish a negotiated rulemaking process;
       ``(B) select individuals to participate in such process 
     from among individuals or groups that provided advice and 
     recommendations, including representation from all geographic 
     regions of the United States, in such numbers as will provide 
     an equitable balance between representatives of parents and 
     students and representatives of educators and education 
     officials; and
       ``(C) prepare a draft of proposed policy options that shall 
     be provided to the individuals selected by the Secretary 
     under subparagraph (B) not less than 15 days before the first 
     meeting under such process.
       ``(c) Proposed Rulemaking.--If the Secretary determines 
     that a negotiated rulemaking process is unnecessary or the 
     individuals selected to participate in the process under 
     paragraph (3)(B) fail to reach unanimous agreement, the 
     Secretary may propose regulations under the following 
     procedure:
       ``(1) Not less than 30 days prior to beginning a rulemaking 
     process, the Secretary shall provide to Congress, including 
     the Committee on Education and the Workforce of the House of 
     Representatives and the Committee on Health, Education, 
     Labor, and Pensions of the Senate, notice that shall 
     include--
       ``(A) a copy of the proposed regulations;
       ``(B) the need to issue regulations;
       ``(C) the anticipated burden, including the time, cost, and 
     paperwork burden, the regulations will have on State 
     educational agencies, local educational agencies, schools, 
     and other entities that may be impacted by the regulations; 
     and
       ``(D) any regulations that will be repealed when the new 
     regulations are issued.
       ``(2) 30 days after giving notice of the proposed rule to 
     Congress, the Secretary may proceed with the rulemaking 
     process after all comments received from the Congress have 
     been addressed and publishing how such comments are addressed 
     with the proposed rule.
       ``(3) The comment and review period for any proposed 
     regulation shall be 90 days unless an emergency requires a 
     shorter period, in which case such period shall be not less 
     than 45 days and the Secretary shall--
       ``(A) designate the proposed regulation as an emergency 
     with an explanation of the emergency in the notice and report 
     to Congress under paragraph (1); and
       ``(B) publish the length of the comment and review period 
     in such notice and in the Federal Register.
       ``(4) No regulation shall be made final after the comment 
     and review period until the Secretary has published in the 
     Federal Register an independent assessment (which shall 
     include a representative sampling of local educational 
     agencies based on local educational agency enrollment, urban, 
     suburban, or rural character, and other factors impacted by 
     the proposed regulation) of--
       ``(A) the burden, including the time, cost, and paperwork 
     burden, the regulation will impose on State educational 
     agencies, local educational agencies, schools and other 
     entities that may be impacted by the regulation;
       ``(B) an explanation of how the entities described in 
     subparagraph (A) may cover the cost of the burden assessed 
     under subparagraph (A); and
       ``(C) the proposed regulation, which thoroughly addresses, 
     based on the comments received during the comment and review 
     period

[[Page 2703]]

     under paragraph (3), whether the rule is financially, 
     operationally, and educationally viable at the local level.
       ``(d) Limitation.--Regulations to carry out this title may 
     not require local programs to follow a particular 
     instructional model, such as the provision of services 
     outside the regular classroom or school program.

     ``SEC. 1402. AGREEMENTS AND RECORDS.

       ``(a) Agreements.--In the case in which a negotiated rule 
     making process is established under subsection (b) of section 
     1401, all published proposed regulations shall conform to 
     agreements that result from the rulemaking described in 
     section 1401 unless the Secretary reopens the negotiated 
     rulemaking process.
       ``(b) Records.--The Secretary shall ensure that an accurate 
     and reliable record of agreements reached during the 
     negotiations process is maintained.

     ``SEC. 1403. STATE ADMINISTRATION.

       ``(a) Rulemaking.--
       ``(1) In general.--Each State that receives funds under 
     this title shall--
       ``(A) ensure that any State rules, regulations, and 
     policies relating to this title conform to the purposes of 
     this title and provide any such proposed rules, regulations, 
     and policies to the committee of practitioners created under 
     subsection (b) for review and comment;
       ``(B) minimize such rules, regulations, and policies to 
     which the State's local educational agencies and schools are 
     subject;
       ``(C) eliminate or modify State and local fiscal accounting 
     requirements in order to facilitate the ability of schools to 
     consolidate funds under schoolwide programs;
       ``(D) identify any such rule, regulation, or policy as a 
     State-imposed requirement; and
       ``(E)(i) identify any duplicative or contrasting 
     requirements between the State and Federal rules or 
     regulations;
       ``(ii) eliminate the rules and regulations that are 
     duplicative of Federal requirements; and
       ``(iii) report any conflicting requirements to the 
     Secretary and determine which Federal or State rule or 
     regulation shall be followed.
       ``(2) Support and facilitation.--State rules, regulations, 
     and policies under this title shall support and facilitate 
     local educational agency and school-level systemic reform 
     designed to enable all children to meet the State academic 
     standards.
       ``(b) Committee of Practitioners.--
       ``(1) In general.--Each State educational agency that 
     receives funds under this title shall create a State 
     committee of practitioners to advise the State in carrying 
     out its responsibilities under this title.
       ``(2) Membership.--Each such committee shall include--
       ``(A) as a majority of its members, representatives from 
     local educational agencies;
       ``(B) administrators, including the administrators of 
     programs described in other parts of this title;
       ``(C) teachers from public charter schools, traditional 
     public schools, and career and technical educators;
       ``(D) parents;
       ``(E) members of local school boards;
       ``(F) representatives of public charter school authorizers;
       ``(G) public charter school leaders;
       ``(H) representatives of private school children; and
       ``(I) specialized instructional support personnel.
       ``(3) Duties.--The duties of such committee shall include a 
     review, before publication, of any proposed or final State 
     rule or regulation pursuant to this title. In an emergency 
     situation where such rule or regulation must be issued within 
     a very limited time to assist local educational agencies with 
     the operation of the program under this title, the State 
     educational agency may issue a regulation without prior 
     consultation, but shall immediately thereafter convene the 
     State committee of practitioners to review the emergency 
     regulation before issuance in final form.

     ``SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

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

            TITLE II--TEACHER PREPARATION AND EFFECTIVENESS

     SEC. 201. TEACHER PREPARATION AND EFFECTIVENESS.

       (a) Heading.--The title heading for title II (20 U.S.C. 
     6601 et seq.) is amended to read as follows:

          ``TITLE II--TEACHER PREPARATION AND EFFECTIVENESS''.

       (b) Part A.--Part A of title II (20 U.S.C. 6601 et seq.) is 
     amended to read as follows:

               ``PART A--SUPPORTING EFFECTIVE INSTRUCTION

     ``SEC. 2101. PURPOSE.

       ``The purpose of this part is to provide grants to State 
     educational agencies and subgrants to local educational 
     agencies to--
       ``(1) increase student achievement consistent with State 
     academic standards under section 1111(b)(1);
       ``(2) improve teacher and school leader effectiveness in 
     classrooms and schools, respectively;
       ``(3) provide evidence-based, job-embedded, continuous 
     professional development; and
       ``(4) if a State educational agency or local educational 
     agency so chooses, develop and implement teacher evaluation 
     systems that use, in part, student achievement data to 
     determine teacher effectiveness.

                     ``Subpart 1--Grants to States

     ``SEC. 2111. ALLOTMENTS TO STATES.

       ``(a) In General.--Of the amounts appropriated under 
     section 3(b), the Secretary shall reserve 75 percent to make 
     grants to States with applications approved under section 
     2112 to pay for the Federal share of the cost of carrying out 
     the activities specified in section 2113. Each grant shall 
     consist of the allotment determined for a State under 
     subsection (b).
       ``(b) Determination of Allotments.--
       ``(1) Reservation of funds.--Of the amount reserved under 
     subsection (a) for a fiscal year, the Secretary shall 
     reserve--
       ``(A) not more than 1 percent to carry out national 
     activities under section 2132;
       ``(B) one-half of 1 percent for allotments to outlying 
     areas on the basis of their relative need, as determined by 
     the Secretary, in accordance with the purpose of this part; 
     and
       ``(C) one-half of 1 percent for the Secretary of the 
     Interior for programs under this part in schools operated or 
     funded by the Bureau of Indian Education.
       ``(2) State allotments.--
       ``(A) In general.--Subject to subparagraph (B), from the 
     funds reserved under subsection (a) for any fiscal year and 
     not reserved under paragraph (1), the Secretary shall allot 
     to each State the sum of--
       ``(i) an amount that bears the same relationship to 50 
     percent of the funds as the number of individuals age 5 
     through 17 in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined; and
       ``(ii) an amount that bears the same relationship to 50 
     percent of the funds as the number of individuals age 5 
     through 17 from families with incomes below the poverty line 
     in the State, as determined by the Secretary on the basis of 
     the most recent satisfactory data, bears to the number of 
     those individuals in all such States, as so determined.
       ``(B) Small state minimum.--No State receiving an allotment 
     under subparagraph (A) may receive less than one-half of 1 
     percent of the total amount of funds allotted under such 
     subparagraph for a fiscal year.
       ``(C) Applicability.--
       ``(i) In general.--Subparagraph (A) shall not apply with 
     respect to a fiscal year unless the Secretary certifies in 
     writing to Congress for that fiscal year that the amount of 
     funds allotted under subparagraph (A) to local educational 
     agencies that serve a high percentage of students from 
     families with incomes below the poverty line is not less than 
     the amount allotted to such local educational agencies for 
     fiscal year 2015.
       ``(ii) Special rule.--For a fiscal year for which 
     subparagraph (A) does not apply, the Secretary shall allocate 
     to each State the funds described in subparagraph (A) 
     according to the formula set forth in subsection (b)(2)(B)(i) 
     of this section as in effect on the day before the date of 
     the enactment of the Student Success Act.
       ``(c) Reallotment.--If a State does not apply for an 
     allotment under this section for any fiscal year or only a 
     portion of the State's allotment is allotted under subsection 
     (b)(2), the Secretary shall reallot the State's entire 
     allotment or the remaining portion of its allotment, as the 
     case may be, to the remaining States in accordance with 
     subsection (b).

     ``SEC. 2112. STATE APPLICATION.

       ``(a) In General.--For a State to be eligible to receive a 
     grant under this subpart, the State educational agency shall 
     submit an application to the Secretary at such time and in 
     such a manner as the Secretary may reasonably require, which 
     shall include the following:
       ``(1) A description of how the State educational agency 
     will meet the requirements of this subpart.
       ``(2) A description of how the State educational agency 
     will use a grant received under section 2111, including the 
     grant funds the State will reserve for State-level activities 
     under section 2113(a)(2).
       ``(3) A description of how the State educational agency 
     will facilitate the sharing of evidence-based and other 
     effective strategies among local educational agencies.
       ``(4) A description of how, and under what timeline, the 
     State educational agency will allocate subgrants under 
     subpart 2 to local educational agencies.
       ``(5) If applicable, a description of how the State 
     educational agency will work with local educational agencies 
     in the State to develop or implement a teacher or school 
     leader evaluation system.
       ``(6) An assurance that the State educational agency will 
     comply with section 6501 (regarding participation by private 
     school children and teachers).
       ``(7) A description of how the State will establish, 
     implement, or improve policies and procedures on background 
     checks for school employees and contractors who have direct 
     unsupervised access to students, which may be conducted and 
     administered by the State or local educational agencies, 
     including by--
       (A) expanding the registries or repositories searched when 
     conducting background checks, including--
       ``(i) the State criminal registry or repository of the 
     State in which the school employee resides;
       ``(ii) the State-based child abuse and neglect registries 
     and databases of the State in which the school employee 
     resides;

[[Page 2704]]

       ``(iii) the Federal Bureau of Investigation fingerprint 
     check using the Integrated Automated Fingerprint 
     Identification System;
       ``(iv) the National Sex Offender Registry established under 
     the Adam Walsh Child Protection and Safety Act of 2006 (42 
     U.S.C. 16901 et seq.); and
       ``(v) the National Crime Information Center;
       ``(B) establishing, implementing, or improving policies and 
     procedures that prohibit employing as a school employee an 
     individual who--
       ``(i) refuses to consent to a background check;
       ``(ii) makes false statements in connection with a 
     background check;
       ``(iii) 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;

       ``(iv) has been convicted of any other crimes, as 
     determined by the State; or
       ``(v) is registered or 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.);
       ``(C) establishing, implementing, or improving policies and 
     procedures for States, local educational agencies, or schools 
     to provide the results of background checks to--
       ``(i) individuals subject to the background checks in a 
     statement that indicates whether the individual is ineligible 
     for such employment due to the background check and includes 
     information regulated to each disqualifying crime;
       ``(ii) the employer in a statement that indicates whether a 
     school employee is eligible or ineligible for employment, 
     without revealing any disqualifying crime or other related 
     information regarding the individual;
       ``(iii) another employer in the same State or another 
     State, as permitted under State law, without revealing any 
     disqualifying crime or other related information regarding 
     the individual; and
       ``(iv) another local educational agency in the same State 
     or another State that is considering such school employee for 
     employment, as permitted under State law, without revealing 
     any disqualifying crime or other related information 
     regarding the individual; and
       ``(D) developing, implementing, or improving mechanisms to 
     assist local educational agencies and schools in effectively 
     recognizing and quickly responding to incidents of child 
     abuse by school employees.
       ``(b) Deemed Approval.--An application submitted by a State 
     educational agency under 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 subpart.
       ``(c) Disapproval.--The Secretary shall not finally 
     disapprove an application, except after giving the State 
     educational agency notice and an opportunity for a hearing.
       ``(d) Notification.--If the Secretary finds that an 
     application is not in compliance, in whole or in part, with 
     this subpart, 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 a State educational agency responds to 
     a notification from the Secretary under 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 a State educational agency 
     does not respond to a notification from the Secretary under 
     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. 2113. STATE USE OF FUNDS.

       ``(a) In General.--A State educational agency that receives 
     a grant under section 2111 shall--
       ``(1) reserve 95 percent of the grant funds to make 
     subgrants to local educational agencies under subpart 2; and
       ``(2) use the remainder of the funds, after reserving funds 
     under paragraph (1), for the State activities described in 
     subsection (b), except that the State may reserve not more 
     than 1 percent of the grant funds for planning and 
     administration related to carrying out activities described 
     in subsection (b).
       ``(b) State-Level Activities.--A State educational agency 
     that receives a grant under section 2111--
       ``(1) shall use the amount described in subsection (a)(2) 
     to fulfill the State educational agency's responsibilities 
     with respect to the proper and efficient administration of 
     the subgrant program carried out under this part; and
       ``(2) may use the amount described in subsection (a)(2) 
     to--
       ``(A) provide training and technical assistance to local 
     educational agencies on--
       ``(i) in the case of a State educational agency not 
     implementing a statewide teacher evaluation system--

       ``(I) the development and implementation of a teacher 
     evaluation system; and
       ``(II) training school leaders in using such evaluation 
     system; or

       ``(ii) in the case of a State educational agency 
     implementing a statewide teacher evaluation system, 
     implementing such evaluation system;
       ``(B) disseminate and share evidence-based and other 
     effective practices, including practices consistent with the 
     principles of effectiveness described in section 2222(b), 
     related to teacher and school leader effectiveness and 
     professional development;
       ``(C) provide professional development for teachers, school 
     leaders, and if appropriate, specialized instructional 
     support personnel in the State consistent with section 
     2123(6);
       ``(D) provide training and technical assistance to local 
     educational agencies on--
       ``(i) in the case of a State educational agency not 
     implementing a statewide school leader evaluation system, the 
     development and implementation of a school leader evaluation 
     system; and
       ``(ii) in the case of a State educational agency 
     implementing a statewide school leader evaluation system, 
     implementing such evaluation system; and
       ``(E) develop and implement policies in the State to 
     address any teacher workforce shortages in high-need 
     subjects, including in science, technology, engineering, 
     math, computer science, and foreign languages.

          ``Subpart 2--Subgrants to Local Educational Agencies

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

       ``(a) In General.--Each State receiving a grant under 
     section 2111 shall use the funds reserved under section 
     2113(a)(1) to award subgrants to local educational agencies 
     under this section.
       ``(b) Allocation of Funds.--From the funds reserved by a 
     State under section 2113(a)(1), the State educational agency 
     shall allocate to each local educational agency in the State 
     the sum of--
       ``(1) an amount that bears the same relationship to 50 
     percent of the funds as the number of individuals age 5 
     through 17 in the geographic area served by the local 
     educational agency, as determined by the State on the basis 
     of the most recent satisfactory data, bears to the number of 
     those individuals in the geographic areas served by all the 
     local educational agencies in the State, as so determined; 
     and
       ``(2) an amount that bears the same relationship to 50 
     percent of the funds as the number of individuals age 5 
     through 17 from families with incomes below the poverty line 
     in the geographic area served by the local educational 
     agency, as determined by the State on the basis of the most 
     recent satisfactory data, bears to the number of those 
     individuals in the geographic areas served by all the local 
     educational agencies in the State, as so determined.

     ``SEC. 2122. LOCAL APPLICATIONS.

       ``To be eligible to receive a subgrant under this subpart, 
     a local educational agency shall submit an application to the 
     State educational agency involved at such time, in such a 
     manner, and containing such information as the State 
     educational agency may reasonably require that, at a minimum, 
     shall include the following:
       ``(1) A description of--
       ``(A) how the local educational agency will meet the 
     requirements of this subpart;
       ``(B) how the activities to be carried out by the local 
     educational agency under this subpart will be evidence-based, 
     improve student academic achievement, and improve teacher and 
     school leader effectiveness; and
       ``(C) if applicable, how, the local educational agency will 
     work with parents, teachers, school leaders, and other staff 
     of the schools served by the local educational agency in 
     developing and implementing a teacher evaluation system.
       ``(2) If applicable, a description of how the local 
     educational agency will develop and implement a teacher or 
     school leader evaluation system.
       ``(3) An assurance that the local educational agency will 
     comply with section 6501 (regarding participation by private 
     school children and teachers).

     ``SEC. 2123. LOCAL USE OF FUNDS.

       ``A local educational agency receiving a subgrant under 
     this subpart may use such funds for--
       ``(1) the development and implementation of a teacher 
     evaluation system, administered through school leaders based 
     on input from stakeholders listed in subparagraph (E), that 
     may--
       ``(A) use student achievement data derived from a variety 
     of sources as a significant factor in determining a teacher's 
     evaluation, with the weight given to such data defined by the 
     local educational agency;

[[Page 2705]]

       ``(B) use multiple measures of evaluation for evaluating 
     teachers;
       ``(C) have more than 2 categories for rating the 
     performance of teachers;
       ``(D) be used to make personnel decisions, as determined by 
     the local educational agency; and
       ``(E) be based on input from parents, school leaders, 
     teachers, and other staff of schools served by the local 
     educational agency;
       ``(2) in the case of a local educational agency located in 
     a State implementing a statewide teacher evaluation system, 
     implementing such evaluation system;
       ``(3) the training of school leaders or other individuals 
     for the purpose of evaluating teachers or school leaders 
     under a teacher or school leader evaluation system, as 
     appropriate;
       ``(4) in the case of a local educational agency located in 
     a State implementing a statewide school leader evaluation 
     system, to implement such evaluation system;
       ``(5) in the case of a local educational agency located in 
     a State not implementing a statewide school leader evaluation 
     system, the development and implementation of a school leader 
     evaluation system;
       ``(6) professional development for teachers, school 
     leaders, and if appropriate, specialized instructional 
     support personnel that is evidence-based, job-embedded, and 
     continuous, such as--
       ``(A) subject-based professional development for teachers, 
     including for teachers of civic education, arts education, 
     and computer science and other science, technology, 
     engineering, and mathematics subjects;
       ``(B) professional development aligned with the State's 
     academic standards;
       ``(C) professional development to assist teachers in 
     meeting the needs of students with different learning styles, 
     particularly students with disabilities, English learners, 
     and gifted and talented students;
       ``(D) professional development for teachers or school 
     leaders identified as in need of additional support through 
     data provided by a teacher or school leader evaluation 
     system, as appropriate;
       ``(E) professional development based on the current science 
     of learning, which includes research on positive brain change 
     and cognitive skill development;
       ``(F) professional development for school leaders, 
     including evidence-based mentorship programs for such 
     leaders;
       ``(G) professional development on integrated, 
     interdisciplinary, and project-based teaching strategies, 
     including for career and technical education teachers and 
     teachers of computer science and other science, technology, 
     engineering, and mathematics subjects; or
       ``(H) professional development on teaching dual credit, 
     dual enrollment, Advanced Placement, or International 
     Baccalaureate postsecondary-level courses to secondary school 
     students;
       ``(7) partnering with a public or private organization or a 
     consortium of such organizations to develop and implement a 
     teacher evaluation system described in subparagraph (A) or 
     (B) of paragraph (1), or to administer professional 
     development, as appropriate;
       ``(8) any activities authorized under section 2222(a); or
       ``(9) class size reduction, except that the local 
     educational agency may use not more than 10 percent of such 
     funds for this purpose.

                    ``Subpart 3--General Provisions

     ``SEC. 2131. REPORTING REQUIREMENTS.

       ``(a) Local Educational Agencies.--Each local educational 
     agency receiving a subgrant under subpart 2 shall submit to 
     the State educational agency involved, on an annual basis 
     until the last year in which the local educational agency 
     receives such subgrant funds, a report on--
       ``(1) how the local educational agency is meeting the 
     purposes of this part described in section 2101;
       ``(2) how the local educational agency is using such 
     subgrant funds;
       ``(3) in the case of a local educational agency 
     implementing a teacher or school leader evaluation system, 
     the results of such evaluation system, except that such 
     report shall not reveal personally identifiable information 
     about an individual teacher or school leader; and
       ``(4) any such other information as the State educational 
     agency may require, as long as student and teacher privacy is 
     maintained.
       ``(b) State Educational Agencies.--Each State educational 
     agency receiving a grant under subpart 1 shall submit to the 
     Secretary a report, on an annual basis until the last year in 
     which the State educational agency receives such grant funds, 
     on--
       ``(1) how the State educational agency is meeting the 
     purposes of this part described in section 2101; and
       ``(2) how the State educational agency is using such grant 
     funds.

     ``SEC. 2132. NATIONAL ACTIVITIES.

       ``From the funds reserved by the Secretary under section 
     2111(b)(1)(A), the Secretary shall, directly or through 
     grants and contracts--
       ``(1) provide technical assistance to States and local 
     educational agencies in carrying out activities under this 
     part; and
       ``(2) acting through the Institute of Education Sciences, 
     conduct national evaluations of activities carried out by 
     State educational agencies and local educational agencies 
     under this part.

     ``SEC. 2133. STATE DEFINED.

       ``In this part, the term `State' means each of the 50 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico.

     ``SEC. 2134. EMPLOYEE TRANSFERS.

       ``A local educational agency or State educational agency 
     shall be ineligible for funds under this Act if such agency 
     knowingly facilitates the transfer of any employee if the 
     agency knows, or has probable cause to believe, that the 
     employee engaged in sexual misconduct with a student.''.
       (c) Part B.--Part B of title II (20 U.S.C. 6661 et seq.) is 
     amended to read as follows:

           ``PART B--TEACHER AND SCHOOL LEADER FLEXIBLE GRANT

     ``SEC. 2201. PURPOSE.

       ``The purpose of this part is to improve student academic 
     achievement by--
       ``(1) supporting all State educational agencies, local 
     educational agencies, schools, teachers, and school leaders 
     to pursue innovative and evidence-based practices to help all 
     students meet the State's academic standards; and
       ``(2) increasing the number of teachers and school leaders 
     who are effective in increasing student academic achievement.

                 ``Subpart 1--Formula Grants to States

     ``SEC. 2211. STATE ALLOTMENTS.

       ``(a) Reservations.--From the amount appropriated under 
     section 3(b) for any fiscal year, the Secretary--
       ``(1) shall reserve 25 percent to award grants to States 
     under this subpart; and
       ``(2) of the amount reserved under paragraph (1), shall 
     reserve--
       ``(A) not more than 1 percent for national activities 
     described in section 2233;
       ``(B) one-half of 1 percent for allotments to outlying 
     areas on the basis of their relative need, as determined by 
     the Secretary, in accordance with the purpose of this part; 
     and
       ``(C) one-half of 1 percent for the Secretary of the 
     Interior for programs under this part in schools operated or 
     funded by the Bureau of Indian Education.
       ``(b) State Allotments.--
       ``(1) In general.--From the total amount reserved under 
     subsection (a)(1) for each fiscal year and not reserved under 
     subparagraphs (A) through (C) of subsection (a)(2), the 
     Secretary shall allot, and make available in accordance with 
     this section, to each State an amount that bears the same 
     ratio to such sums as the school-age population of the State 
     bears to the school-age population of all States.
       ``(2) Small state minimum.--No State receiving an allotment 
     under paragraph (1) may receive less than one-half of 1 
     percent of the total amount allotted under such paragraph.
       ``(3) Reallotment.--If a State does not receive an 
     allotment under this subpart for a fiscal year, the Secretary 
     shall reallot the amount of the State's allotment to the 
     remaining States in accordance with this section.
       ``(c) State Application.--In order to receive an allotment 
     under this section for any fiscal year, a State shall submit 
     an application to the Secretary, at such time and in such 
     manner as the Secretary may reasonably require. Such 
     application shall--
       ``(1) designate the State educational agency as the agency 
     responsible for the administration and supervision of 
     programs assisted under this part;
       ``(2) describe how the State educational agency will use 
     funds received under this section for State level activities 
     described in subsection (d)(3);
       ``(3) describe the procedures and criteria the State 
     educational agency will use for reviewing applications and 
     awarding subgrants in a timely manner to eligible entities 
     under section 2221 on a competitive basis;
       ``(4) describe how the State educational agency will ensure 
     that subgrants made under section 2221 are of sufficient size 
     and scope to support effective programs that will help 
     increase academic achievement in the classroom and are 
     consistent with the purposes of this part;
       ``(5) describe the steps the State educational agency will 
     take to ensure that eligible entities use subgrants received 
     under section 2221 to carry out programs that implement 
     effective strategies, including by providing ongoing 
     technical assistance and training, and disseminating 
     evidence-based and other effective strategies to such 
     eligible entities;
       ``(6) describe how programs under this part will be 
     coordinated with other programs under this Act; and
       ``(7) include an assurance that, other than providing 
     technical and advisory assistance and monitoring compliance 
     with this part, the State educational agency has not 
     exercised, and will not exercise, any influence in the 
     decisionmaking processes of eligible entities as to the 
     expenditure of funds made pursuant to an application 
     submitted under section 2221(b).
       ``(d) State Use of Funds.--
       ``(1) In general.--Each State that receives an allotment 
     under this section shall reserve not less than 92 percent of 
     the amount allotted to such State under subsection (b), for 
     each fiscal year, for subgrants to eligible entities under 
     subpart 2.
       ``(2) State administration.--A State educational agency may 
     reserve not more than 1 percent of the amount made available 
     to the State under subsection (b) for the administrative 
     costs of carrying out such State educational agency's 
     responsibilities under this subpart.
       ``(3) State-level activities.--
       ``(A) Innovative teacher and school leader activities.--A 
     State educational agency shall reserve not more than 4 
     percent of the amount made available to the State under 
     subsection (b) to carry out, solely, or in partnership with 
     State agencies of higher education, 1 or more of the 
     following activities:

[[Page 2706]]

       ``(i) Reforming teacher and school leader certification, 
     recertification, licensing, and tenure systems to ensure that 
     such systems are rigorous and that--

       ``(I) each teacher has the subject matter knowledge and 
     teaching skills necessary to help students meet the State's 
     academic standards; and
       ``(II) school leaders have the instructional leadership 
     skills to help teachers instruct and students learn.

       ``(ii) Improving the quality of teacher preparation 
     programs within the State, including through the use of 
     appropriate student achievement data and other factors to 
     evaluate the quality of teacher preparation programs within 
     the State.
       ``(iii) Carrying out programs that establish, expand, or 
     improve alternative routes for State certification or 
     licensure of teachers and school leaders, including such 
     programs for--

       ``(I) mid-career professionals from other occupations, 
     including computer science and other science, technology, 
     engineering, and math fields;
       ``(II) former military personnel; and
       ``(III) recent graduates of an institution of higher 
     education, with a record of academic distinction, who 
     demonstrate the potential to become effective teachers or 
     school leaders.

       ``(iv) Developing, or assisting eligible entities in 
     developing--

       ``(I) performance-based pay systems for teachers and school 
     leaders;
       ``(II) strategies that provide differential, incentive, or 
     bonus pay for teachers and school leaders; or
       ``(III) teacher and school leader advancement initiatives 
     that promote professional growth and emphasize multiple 
     career paths and pay differentiation.

       ``(v) Developing, or assisting eligible entities in 
     developing, new, evidence-based teacher and school leader 
     induction and mentoring programs that are designed to--

       ``(I) improve instruction and student academic achievement; 
     and
       ``(II) increase the retention of effective teachers and 
     school leaders.

       ``(vi) Providing professional development for teachers and 
     school leaders that is focused on improving teaching and 
     student academic achievement, including for students with 
     different learning styles, particularly students with 
     disabilities, English learners, gifted and talented students, 
     and other special populations.
       ``(vii) Providing training and technical assistance to 
     eligible entities that receive a subgrant under section 2221.
       ``(viii) Other activities identified by the State 
     educational agency that meet the purposes of this part, 
     including those activities authorized under subparagraph (B).
       ``(B) Teacher or school leader preparation academies.--
       ``(i) In general.--In the case of a State in which teacher 
     or school leader preparation academies are allowable under 
     State law, a State educational agency may reserve not more 
     than 3 percent of the amount made available to the State 
     under subsection (b) to support the establishment or 
     expansion of one or more teacher or school leader preparation 
     academies and, subject to the limitation under clause (iii), 
     to support State authorizers for such academies.
       ``(ii) Matching requirement.--A State educational agency 
     shall not provide funds under this subparagraph to support 
     the establishment or expansion of a teacher or school leader 
     preparation academy unless the academy agrees to provide, 
     either directly or through private contributions, non-Federal 
     matching funds equal to not less than 10 percent of the 
     amount of the funds the academy will receive under this 
     subparagraph.
       ``(iii) Funding for state authorizers.--Not more than 5 
     percent of funds provided to a teacher or school leader 
     preparation academy under this subparagraph may be used to 
     support activities of State authorizers for such academy.

     ``SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLICATIONS.

       ``(a) Deemed Approval.--An application submitted by a State 
     pursuant to section 2211(c) 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 
     section 2211(c).
       ``(b) Disapproval Process.--
       ``(1) In general.--The Secretary shall not finally 
     disapprove an application submitted under section 2211(c), 
     except after giving the State educational agency notice and 
     an opportunity for a hearing.
       ``(2) Notification.--If the Secretary finds that an 
     application is not in compliance, in whole or in part, with 
     section 2211(c) the Secretary shall--
       ``(A) give the State educational agency notice and an 
     opportunity for a hearing; and
       ``(B) notify the State educational agency 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.
       ``(3) Response.--If a State educational agency responds to 
     a notification from the Secretary under paragraph (2)(B) 
     during the 45-day period beginning on the date on which the 
     State educational agency received the notification, and 
     resubmits the application with the requested information 
     described in paragraph (2)(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 
     subsection (a).
       ``(4) Failure to respond.--If the State educational agency 
     does not respond to a notification from the Secretary under 
     paragraph (2)(B) during the 45-day period beginning on the 
     date on which the State educational agency received the 
     notification, such application shall be deemed to be 
     disapproved.

              ``Subpart 2--Local Competitive Grant Program

     ``SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM.

       ``(a) In General.--A State that receives an allotment under 
     section 2211(b) for a fiscal year shall use the amount 
     reserved under section 2211(d)(1) to award subgrants, on a 
     competitive basis, to eligible entities in accordance with 
     this section to enable such entities to carry out the 
     programs and activities described in section 2222.
       ``(b) Application.--
       ``(1) In general.--To be eligible to receive a subgrant 
     under this section, an eligible entity shall submit an 
     application to the State educational agency at such time, in 
     such manner, and including such information as the State 
     educational agency may reasonably require.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall include--
       ``(A) a description of the programs and activities to be 
     funded and how they are consistent with the purposes of this 
     part; and
       ``(B) an assurance that the eligible entity will comply 
     with section 6501 (regarding participation by private school 
     children and teachers).
       ``(c) Peer Review.--In reviewing applications under this 
     section, a State educational agency shall use a peer review 
     process or other methods of assuring the quality of such 
     applications but the review shall only judge the likelihood 
     of the activity to increase student academic achievement. The 
     reviewers shall not make a determination based on the policy 
     of the proposed activity.
       ``(d) Geographic Diversity.--A State educational agency 
     shall distribute funds under this section equitably among 
     geographic areas within the State, including rural, suburban, 
     and urban communities.
       ``(e) Duration of Awards.--A State educational agency may 
     award subgrants under this section for a period of not more 
     than 5 years.
       ``(f) Matching.--An eligible entity receiving a subgrant 
     under this section shall provide, either directly or through 
     private contributions, non-Federal matching funds equal to 
     not less than 10 percent of the amount of the subgrant.

     ``SEC. 2222. LOCAL AUTHORIZED ACTIVITIES.

       ``(a) In General.--Each eligible entity receiving a 
     subgrant under section 2221 shall use such subgrant funds to 
     develop, implement, and evaluate comprehensive programs and 
     activities, that are in accordance with the purpose of this 
     part and--
       ``(1) are consistent with the principles of effectiveness 
     described in subsection (b); and
       ``(2) may include, among other programs and activities--
       ``(A) developing and implementing initiatives to assist in 
     recruiting, hiring, and retaining highly effective teachers 
     and school leaders, including initiatives that provide--
       ``(i) differential, incentive, or bonus pay for teachers 
     and school leaders;
       ``(ii) performance-based pay systems for teachers and 
     school leaders;
       ``(iii) teacher and school leader advancement initiatives 
     that promote professional growth and emphasize multiple 
     career paths and pay differentiation;
       ``(iv) new teacher and school leader induction and 
     mentoring programs that are designed to improve instruction, 
     student academic achievement, and to increase teacher and 
     school leader retention; and
       ``(v) teacher residency programs, and school leader 
     residency programs, designed to develop and support new 
     teachers or new school leaders, respectively;
       ``(B) supporting the establishment or expansion of teacher 
     or school leader preparation academies under section 
     2211(d)(3)(B);
       ``(C) recruiting qualified individuals from other fields, 
     including individuals from computer science and other 
     science, technology, engineering, and math fields, mid-career 
     professionals from other occupations, and former military 
     personnel;
       ``(D) establishing, improving, or expanding model 
     instructional programs to ensure that all children meet the 
     State's academic standards;
       ``(E) providing evidence-based, job embedded, continuous 
     professional development for teachers and school leaders 
     focused on improving teaching and student academic 
     achievement;
       ``(F) implementing programs based on the current science of 
     learning, which includes research on positive brain change 
     and cognitive skill development;
       ``(G) recruiting and training teachers to teach dual 
     credit, dual enrollment, Advanced Placement, or International 
     Baccalaureate postsecondary-level courses to secondary school 
     students; and
       ``(H) other activities and programs identified as necessary 
     by the local educational agency that meet the purpose of this 
     part.
       ``(b) Principles of Effectiveness.--For a program or 
     activity developed pursuant to this

[[Page 2707]]

     section to meet the principles of effectiveness, such program 
     or activity shall--
       ``(1) be based upon an assessment of objective data 
     regarding the need for programs and activities in the 
     elementary schools and secondary schools served to increase 
     the number of teachers and school leaders who are effective 
     in improving student academic achievement;
       ``(2) reflect evidence-based research, or in the absence of 
     a strong research base, reflect effective strategies in the 
     field, that provide evidence that the program or activity 
     will improve student academic achievement; and
       ``(3) include meaningful and ongoing consultation with, and 
     input from, teachers, school leaders, and parents, in the 
     development of the application and administration of the 
     program or activity.

                    ``Subpart 3--General Provisions

     ``SEC. 2231. PERIODIC EVALUATION.

       ``(a) In General.--Each eligible entity and each teacher or 
     school leader preparation academy that receives funds under 
     this part shall undergo a periodic evaluation by the State 
     educational agency involved to assess such entity's or such 
     academy's progress toward achieving the purposes of this 
     part.
       ``(b) Use of Results.--The results of an evaluation 
     described in subsection (a) of an eligible entity or academy 
     shall be--
       ``(1) used to refine, improve, and strengthen such eligible 
     entity or such academy, respectively; and
       ``(2) made available to the public upon request, with 
     public notice of such availability provided.

     ``SEC. 2232. REPORTING REQUIREMENTS.

       ``(a) Eligible Entities and Academies.--Each eligible 
     entity and each teacher or school leader preparation academy 
     that receives funds from a State educational agency under 
     this part shall prepare and submit annually to such State 
     educational agency a report that includes--
       ``(1) a description of the progress of the eligible entity 
     or teacher or school leader preparation academy, 
     respectively, in meeting the purposes of this part;
       ``(2) a description of the programs and activities 
     conducted by the eligible entity or teacher or school leader 
     preparation academy, respectively, with funds received under 
     this part;
       ``(3) how the eligible entity or teacher or school leader 
     preparation academy, respectively, is using such funds; and
       ``(4) any such other information as the State educational 
     agency may reasonably require.
       ``(b) State Educational Agencies.--Each State educational 
     agency that receives a grant under this part shall prepare 
     and submit, annually, to the Secretary a report that 
     includes--
       ``(1) a description of the programs and activities 
     conducted by the State educational agency with grant funds 
     received under this part;
       ``(2) a description of the progress of the State 
     educational agency in meeting the purposes of this part 
     described in section 2201;
       ``(3) how the State educational agency is using grant funds 
     received under this part;
       ``(4) the methods and criteria the State educational agency 
     used to award subgrants in a timely manner to eligible 
     entities under section 2221 and, if applicable, funds in a 
     timely manner to teacher or school leader academies under 
     section 2211(d)(3)(B); and
       ``(5) the results of the periodic evaluations conducted 
     under section 2231.

     ``SEC. 2233. NATIONAL ACTIVITIES.

       ``From the funds reserved by the Secretary under section 
     2211(a)(2)(A), the Secretary shall, directly or through 
     grants and contracts--
       ``(1) provide technical assistance to States and eligible 
     entities in carrying out activities under this part; and
       ``(2) acting through the Institute of Education Sciences, 
     conduct national evaluations of activities carried out by 
     States and eligible entities under this part.

     ``SEC. 2234. DEFINITIONS.

       ``In this part:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a local educational agency or consortium of local 
     educational agencies;
       ``(B) an institution of higher education or consortium of 
     such institutions in partnership with a local educational 
     agency or consortium of local educational agencies;
       ``(C) a for-profit organization, a nonprofit organization, 
     or a consortium of for-profit or nonprofit organizations in 
     partnership with a local educational agency or consortium of 
     local educational agencies; or
       ``(D) a consortium of the entities described in 
     subparagraphs (B) and (C).
       ``(2) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       ``(3) State authorizer.--The term `State authorizer' means 
     an entity designated by the Governor of a State to authorize 
     teacher or school leader preparation academies within the 
     State that--
       ``(A) enters into an agreement with a teacher or school 
     leader preparation academy that--
       ``(i) specifies the goals expected of the academy, which, 
     at a minimum, include the goals described in paragraph (4); 
     and
       ``(ii) does not reauthorize the academy if such goals are 
     not met;
       ``(B) may be a nonprofit organization, a State educational 
     agency, or other public entity, or consortium of such 
     entities (including a consortium of State educational 
     agencies); and
       ``(C) has a timely and efficient approval process to 
     approve or disapprove a teacher or school leader preparation 
     academy.
       ``(4) Teacher or school leader preparation academy.--The 
     term `teacher or school leader preparation academy' means a 
     public or private entity, or a nonprofit or for-profit 
     organization, which may be an institution of higher education 
     or an organization affiliated with an institution of higher 
     education, that will prepare teachers or school leaders to 
     serve in schools, and that--
       ``(A) enters into an agreement with a State authorizer that 
     specifies the goals expected of the academy, including--
       ``(i) a requirement that prospective teachers or school 
     leaders who are enrolled in a teacher or school leader 
     preparation academy receive a significant part of their 
     training through clinical preparation that partners the 
     prospective candidate with an effective teacher or school 
     leader, respectively, with a demonstrated record of 
     increasing or producing high student achievement, while also 
     receiving concurrent instruction from the academy in the 
     content area (or areas) in which the prospective teacher or 
     school leader will become certified or licensed;
       ``(ii) the number of effective teachers or school leaders, 
     respectively, who will demonstrate success in increasing or 
     producing high student achievement that the academy will 
     produce; and
       ``(iii) a requirement that a teacher or school leader 
     preparation academy will only award a certificate of 
     completion after the graduate demonstrates that the graduate 
     is an effective teacher or school leader, respectively, with 
     a demonstrated record of increasing or producing high student 
     achievement, except that an academy may award a provisional 
     certificate for the period necessary to allow the graduate to 
     demonstrate such effectiveness;
       ``(B) does not have restrictions on the methods the academy 
     will use to train prospective teacher or school leader 
     candidates, including--
       ``(i) obligating (or prohibiting) the academy's faculty to 
     hold advanced degrees or conduct academic research;
       ``(ii) restrictions related to the academy's physical 
     infrastructure;
       ``(iii) restrictions related to the number of course 
     credits required as part of the program of study;
       ``(iv) restrictions related to the undergraduate coursework 
     completed by teachers teaching or working on alternative 
     certificates, licenses, or credentials, as long as such 
     teachers have successfully passed all relevant State-approved 
     content area examinations; or
       ``(v) restrictions related to obtaining accreditation from 
     an accrediting body for purposes of becoming an academy;
       ``(C) limits admission to its program to prospective 
     teacher or school leader candidates who demonstrate strong 
     potential to improve student achievement, based on a rigorous 
     selection process that reviews a candidate's prior academic 
     achievement or record of professional accomplishment; and
       ``(D) results in a certificate of completion that the State 
     may recognize as at least the equivalent of a master's degree 
     in education for the purposes of hiring, retention, 
     compensation, and promotion in the State.
       ``(5) Teacher residency program.--The term `teacher 
     residency program' means a school-based teacher preparation 
     program in which a prospective teacher--
       ``(A) for one academic year, teaches alongside an effective 
     teacher, as determined by a teacher evaluation system 
     implemented under part A, who is the teacher of record;
       ``(B) receives concurrent instruction during the year 
     described in subparagraph (A) from the partner institution 
     (as defined in section 200 of the Higher Education Act of 
     1965 (20 U.S.C. 1021)), which courses may be taught by local 
     educational agency personnel or residency program faculty, in 
     the teaching of the content area in which the teacher will 
     become certified or licensed; and
       ``(C) acquires effective teaching skills.''.
       (d) Part C.--Part C of title II (20 U.S.C. 6671 et seq.) is 
     amended--
       (1) by striking subparts 1 through 4;
       (2) by striking the heading relating to subpart 5;
       (3) by striking sections 2361 and 2368;
       (4) in section 2362, by striking ``principals'' and 
     inserting ``school leaders'';
       (5) in section 2363(6)(A), by striking ``principal'' and 
     inserting ``school leader'';
       (6) in section 2366(b), by striking ``ate law'' and 
     inserting ``(3) A State law'';
       (7) by redesignating section 2362 as section 2361;
       (8) by redesignating sections 2364 through 2367 as sections 
     2362 through 2365, respectively; and
       (9) by redesignating section 2363 as section 2366 and 
     transferring such section to appear after section 2365 (as so 
     redesignated).
       (e) Part D.--Part D of title II (20 U.S.C. 6751 et seq.) is 
     amended to read as follows:

                      ``PART D--GENERAL PROVISIONS

     ``SEC. 2401. INCLUSION OF CHARTER SCHOOLS.

       ``In this title, the term `local educational agency' 
     includes a charter school (as defined in section 6101) that, 
     in the absence of this section, would not have received funds 
     under this title.

     ``SEC. 2402. PARENTS' RIGHT TO KNOW.

       ``At the beginning of each school year, a local educational 
     agency that receives funds under this title shall notify the 
     parents of each student attending any school receiving funds 
     under this title that the parents may request, and the agency 
     will provide the parents on request (and in a timely manner), 
     information regarding the professional qualifications of the 
     student's classroom teachers.

[[Page 2708]]



     ``SEC. 2403. SUPPLEMENT, NOT SUPPLANT.

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

     SEC. 202. CONFORMING REPEALS.

       (a) Conforming Repeals.--Title II of the Higher Education 
     Act of 1965 (20 U.S.C. 1021 et seq.) is amended by repealing 
     sections 201 through 204.
       (b) Effective Date.--The repeals made by subsection (a) 
     shall take effect October 1, 2015.

          TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

     SEC. 301. PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY.

       Title III (20 U.S.C. 6801 et seq.) is amended to read as 
     follows:

         ``TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

                     ``PART A--PARENTAL ENGAGEMENT

                  ``Subpart 1--Charter School Program

     ``SEC. 3101. PURPOSE.

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

     ``SEC. 3102. PROGRAM AUTHORIZED.

       ``(a) In General.--This subpart authorizes the Secretary to 
     carry out a charter school program that supports charter 
     schools that serve elementary school and secondary school 
     students by--
       ``(1) supporting the startup of charter schools, and the 
     replication and expansion of high-quality charter schools;
       ``(2) assisting charter schools in accessing credit to 
     acquire and renovate facilities for school use; and
       ``(3) carrying out national activities to support--
       ``(A) charter school development;
       ``(B) the dissemination of best practices of charter 
     schools for all schools;
       ``(C) the evaluation of the impact of the program on 
     schools participating in the program; and
       ``(D) stronger charter school authorizing.
       ``(b) Funding Allotment.--From the amount made available 
     under section 3(c)(1)(A) for a fiscal year, the Secretary 
     shall--
       ``(1) reserve 12.5 percent to support charter school 
     facilities assistance under section 3104;
       ``(2) reserve not more than 10 percent to carry out 
     national activities under section 3105; and
       ``(3) use the remaining amount after the Secretary reserves 
     funds under paragraphs (1) and (2) to carry out section 3103.
       ``(c) Prior Grants and Subgrants.--The recipient of a grant 
     or subgrant under this subpart or subpart 2, as such subpart 
     was in effect on the day before the date of the enactment of 
     the Student Success Act, shall continue to receive funds in 
     accordance with the terms and conditions of such grant or 
     subgrant.
       ``(d) GAO Report.--Not later than 3 years after the date of 
     the enactment of the Student Success Act, the Comptroller 
     General of the United States shall submit a report to the 
     Secretary and Congress that--
       ``(1) examines whether the funds authorized to be reserved 
     by State entities for administrative costs under section 
     3103(b)(1)(C) is appropriate; and
       ``(2) if such reservation of funds is determined not to be 
     appropriate, makes recommendations on the appropriate 
     reservation of funding for such administrative costs.

     ``SEC. 3103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.

       ``(a) In General.--From the amount reserved under section 
     3102(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 opening 
     and preparing to operate--
       ``(A) new charter schools;
       ``(B) replicated, high-quality charter school models; or
       ``(C) expanded, 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 not less than 90 percent of the grant funds to 
     award subgrants to eligible applicants, in accordance with 
     the quality charter school program described in the State 
     entity's application approved pursuant to subsection (f), for 
     the purposes described in subparagraphs (A) through (C) of 
     subsection (a)(1);
       ``(B) reserve not less than 7 percent of such funds to 
     carry out the activities described in subsection (a)(2); and
       ``(C) reserve not more than 3 percent of such funds for 
     administrative costs which may include technical assistance.
       ``(2) Contracts and grants.--A State entity may use a grant 
     received under this section to carry out the activities 
     described in subparagraphs (A) and (B) of paragraph (1) 
     directly or through grants, contracts, or cooperative 
     agreements.
       ``(3) Rule of construction.--Nothing in this Act shall 
     prohibit the Secretary from awarding grants to States that 
     use a weighted lottery to give slightly better chances for 
     admission to all, or a subset of, educationally disadvantaged 
     students if--
       ``(A) the use of weighted lotteries in favor of such 
     students is not prohibited by State law, and such State law 
     is consistent with laws described in section 6101(3)(G); and
       ``(B) such weighted lotteries are not used for the purpose 
     of creating schools exclusively to serve a particular subset 
     of students.
       ``(c) Program Periods; Peer Review; Grant Number and 
     Amount; Diversity of Projects; Waivers.--
       ``(1) Program periods.--
       ``(A) Grants.--A grant awarded by the Secretary to a State 
     entity under this section shall be for a period of not more 
     than 5 years.
       ``(B) Subgrants.--A subgrant awarded by a State entity 
     under this section shall be for a period of not more than 5 
     years, of which an eligible applicant may use not more than 
     18 months for planning and program design.
       ``(2) Peer review.--The Secretary, and each State entity 
     receiving a grant under this section, shall use a peer review 
     process to review applications for assistance under this 
     section.
       ``(3) Grant awards.--The Secretary shall--
       ``(A) for each fiscal year for which funds are appropriated 
     under section 3(c)(1)(A)--
       ``(i) award not less than 3 grants under this section;
       ``(ii) wholly fund each grant awarded under this section, 
     without making continuation awards; and
       ``(iii) fully obligate the funds appropriated for the 
     purpose of awarding grants under this section in the fiscal 
     year for which such grants are awarded; and
       ``(B) prior to the start of the final year of the grant 
     period of each grant awarded under this section to a State 
     entity, review whether the State entity is using the grant 
     funds for the agreed upon uses of funds and whether the full 
     amount of the grant will be needed for the remainder of the 
     grant period and may, as determined necessary based on that 
     review, terminate or reduce the amount of the grant and 
     reallocate the remaining grant funds to other State entities 
     during the succeeding grant competition under this section.
       ``(4) 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.
       ``(5) Waivers.--The Secretary may waive any statutory or 
     regulatory requirement over which the Secretary exercises 
     administrative authority, except for any such requirement 
     relating to the elements of a charter school described in 
     section 6101(3), if--
       ``(A) the waiver is requested in an approved application 
     under this section; and
       ``(B) the Secretary determines that granting such a waiver 
     will promote the purposes of this subpart.
       ``(d) Limitations.--
       ``(1) Grants.--The Secretary shall not award a grant to a 
     State entity under this section in a case in which such award 
     would result in more than 1 grant awarded under this section 
     being carried out in a State at the same time.
       ``(2) Subgrants.--An eligible applicant may not receive 
     more than 1 subgrant under this section per individual 
     charter school for a 5-year period, unless the eligible 
     applicant demonstrates to the State entity not less than 3 
     years of improved educational results in the areas described 
     in subparagraphs (A) and (D) of section 3110(7) for students 
     enrolled in such charter school.
       ``(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 State 
     entity's objectives under this section and how the objectives 
     of the State entity's

[[Page 2709]]

     quality charter school program will be carried out, including 
     a description--
       ``(A) of how the State entity--
       ``(i) will support the opening of new charter schools, 
     replicated, high-quality charter school models, or expanded, 
     high-quality charter schools, and a description of the 
     proposed number of each type of charter school or model, if 
     applicable, to be opened under the State entity's program;
       ``(ii) will inform eligible charter schools, developers, 
     and authorized public chartering agencies of the availability 
     of funds under the program;
       ``(iii) will work with eligible applicants to ensure that 
     the eligible 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;
       ``(II) receive the commensurate share of Federal funds the 
     schools and students are eligible to receive under such 
     programs; and
       ``(III) meet the needs of students served under such 
     programs, including students with disabilities and English 
     learners;

       ``(iv) will have clear plans and procedures to assist 
     students enrolled in a charter school that closes or loses 
     its charter to attend other high-quality schools;
       ``(v) in the case in which the State entity is not a State 
     educational agency--

       ``(I) will 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) will work with the State educational agency to 
     adequately operate the State entity's program under this 
     section, where applicable;

       ``(vi) will ensure each eligible applicant that receives a 
     subgrant under the State entity's program to open and prepare 
     to operate a new charter school, a replicated, high-quality 
     charter school model, or an expanded, high-quality charter 
     school--

       ``(I) will ensure such school or model meets the 
     requirements under section 6101(3); and
       ``(II) is prepared to continue to operate such school or 
     model, in a manner consistent with the eligible applicant's 
     application, after the subgrant funds have expired;

       ``(vii) will support charter schools in local educational 
     agencies with large numbers of schools identified by the 
     State for improvement, including supporting the use of 
     charter schools to improve, or in turning around, struggling 
     schools;
       ``(viii) will work with charter schools to promote 
     inclusion of all students, including eliminating any barriers 
     to enrollment for foster youth or unaccompanied homeless 
     youth, and support all students once they are enrolled to 
     promote retention including through the use of fair 
     disciplinary practice;
       ``(ix) will work with charter schools on recruitment 
     practices, including efforts to engage groups that may 
     otherwise have limited opportunities to participate in 
     charter schools, and to ensure such schools do not have in 
     effect policies or procedures that may create barriers to 
     enrollment of students, including educationally disadvantaged 
     students, and are in compliance with all Federal and State 
     laws on enrollment practices;
       ``(x) will share best and promising practices between 
     charter schools and other public schools, including, where 
     appropriate, instruction and professional development in 
     science, technology, engineering, and math education, 
     including computer science, and other subjects;
       ``(xi) will ensure the charter schools receiving funds 
     under the State entity's program meet the educational needs 
     of their students, including students with disabilities and 
     English learners;
       ``(xii) will support efforts to increase quality 
     initiatives, including meeting the quality authorizing 
     elements described in paragraph (2)(E);
       ``(xiii) in the case of a State entity not described in 
     clause (xiv), will provide oversight of authorizing activity, 
     including how the State will help ensure better authorizing, 
     such as by establishing authorizing standards that may 
     include approving, actively monitoring, and re-approving or 
     revoking the authority of an authorized public chartering 
     agency based on the performance of the charter schools 
     authorized by such agency in the areas of student 
     achievement, student safety, financial and operational 
     management, and compliance with all applicable statutes and 
     regulations;
       ``(xiv) in the case of a State entity defined in subsection 
     (i)(4), will work with the State to support the State's 
     system of assistance and oversight of authorized public 
     chartering agencies for authorizing activity described in 
     clause (xiii); and
       ``(xv) will work with eligible applicants receiving a 
     subgrant under the State entity's program to support the 
     opening of charter schools or charter school models described 
     in clause (i) that are secondary schools;
       ``(B) of the extent to which the State 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, replicated, high-quality charter school models, or 
     expanded, high-quality charter schools;
       ``(C) of how the State 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 
     the eligible applicant, 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, how a school's performance in the State's academic 
     accountability system will be one of the most important 
     factors for renewal or revocation of the school's charter, 
     and how the State entity and the authorized public chartering 
     agency involved will reserve the right to revoke or not renew 
     a school's charter based on financial, structural, or 
     operational factors involving the management of the school;
       ``(III) a description of how the eligible applicant will 
     solicit and consider input from parents and other members of 
     the community on the implementation and operation of each 
     charter school that will receive funds under the State 
     entity's program; and
       ``(IV) a description of the planned activities and 
     expenditures for the subgrant funds for purposes of opening 
     and preparing to operate a new charter school, a replicated, 
     high-quality charter school model, or an expanded, high-
     quality charter school, and how the school or model will 
     maintain financial sustainability after the end of the 
     subgrant period; and

       ``(ii) a description of how the State entity will review 
     applications;
       ``(D) in the case of a State entity that partners with an 
     outside organization to carry out the State entity's quality 
     charter school program, in whole or in part, of the roles and 
     responsibilities of this partner;
       ``(E) of how the State entity will help the charter schools 
     receiving funds under the State entity's program consider the 
     transportation needs of the schools' students; and
       ``(F) of how the State entity will support diverse charter 
     school models, including models that serve rural communities.
       ``(2) Assurances.--Assurances, including a description of 
     how the assurances will be met, that--
       ``(A) each charter school receiving funds under the State 
     entity's program will have a high degree of autonomy over 
     budget and operations;
       ``(B) the State entity will support charter schools in 
     meeting the educational needs of their students as described 
     in paragraph (1)(A)(xi);
       ``(C) the State entity will ensure that the authorized 
     public chartering agency of any charter school that receives 
     funds under the State entity's program--
       ``(i) adequately monitors each such charter school in 
     recruiting, enrolling, and meeting the needs of all students, 
     including students with disabilities and English learners; 
     and
       ``(ii) ensures that each such charter school solicits and 
     considers input from parents and other members of the 
     community on the implementation and operation of the school;
       ``(D) the State entity will provide adequate technical 
     assistance to eligible applicants to--
       ``(i) meet the objectives described in clauses (viii) and 
     (ix) of paragraph (1)(A) and subparagraph (B) of this 
     paragraph; and
       ``(ii) recruit, enroll, and retain traditionally 
     underserved students, including students with disabilities 
     and English learners, at rates similar to traditional public 
     schools;
       ``(E) the State entity will promote quality authorizing, 
     such as through providing technical assistance and supporting 
     all authorized public chartering agencies in the State to 
     improve the oversight of their charter schools, including 
     by--
       ``(i) assessing annual performance data of the schools, 
     including, as appropriate, graduation rates, student academic 
     growth, and rates of student attrition;
       ``(ii) reviewing the schools' independent, annual audits of 
     financial statements conducted in accordance with generally 
     accepted accounting principles, and ensuring any such audits 
     are publically reported; and
       ``(iii) holding charter schools accountable to the 
     academic, financial, and operational quality controls agreed 
     to between the charter school and the authorized public 
     chartering agency involved, such as through renewal, non-
     renewal, or revocation of the school's charter;
       ``(F) the State entity will work to ensure that charter 
     schools are included with the traditional public schools in 
     decisionmaking about the public school system in the State; 
     and
       ``(G) The State entity will ensure that each charter school 
     receiving funds under the State entity's program makes 
     publicly available, consistent with the dissemination 
     requirements of the annual State report card, information to 
     help parents make informed decisions about the education 
     options available to their children, including information 
     for each school on--
       ``(i) the educational program;
       ``(ii) student support services;
       ``(iii) annual performance and enrollment data, 
     disaggregated by the groups of students described in section 
     1111(b)(3)(B)(ii)(II), except that such disaggregation shall 
     not be required in a case in which the number of students in 
     a group is insufficient to yield statistically reliable 
     information or the results would reveal personally 
     identifiable information about an individual student; and
       ``(iv) any other information the State requires all other 
     public schools to report for purposes of section 
     1111(h)(1)(D).

[[Page 2710]]

       ``(3) Requests for waivers.--A request and justification 
     for waivers of any Federal statutory or regulatory provisions 
     that the State entity believes are necessary for the 
     successful operation of the charter schools that will receive 
     funds under the State entity's program under this section or, 
     in the case of a State entity defined in subsection (i)(4), a 
     description of how the State entity will work with the State 
     to request such necessary waivers, where applicable, 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 State entity will work 
     to maximize the flexibility provided to charter schools under 
     the law;
       ``(B) the ambitiousness of the State 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 State entity's plan to--
       ``(i) adequately monitor the eligible applicants receiving 
     subgrants under the State entity's program;
       ``(ii) work with the authorized public chartering agencies 
     involved to avoid duplication of work for the charter schools 
     and authorized public chartering agencies; and
       ``(iii) provide adequate technical assistance and support 
     for--

       ``(I) the charter schools receiving funds under the State 
     entity's program; and
       ``(II) quality authorizing efforts in the State; and

       ``(F) the State entity's plan to solicit and consider input 
     from parents and other members of the community on the 
     implementation and operation of the charter schools in the 
     State.
       ``(2) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to State entities to the extent 
     that they meet the following criteria:
       ``(A) The State entity is located in a State--
       ``(i) that allows at least one entity that is not a local 
     educational agency to be an authorized public chartering 
     agency for developers seeking to open a charter school in the 
     State; or
       ``(ii) in which local educational agencies are the only 
     authorized public chartering agencies and that has an appeals 
     process for the denial of an application for a charter 
     school;
       ``(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 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 supports charter schools that 
     support at-risk students through activities such as dropout 
     prevention, dropout recovery, or comprehensive career 
     counseling practices.
       ``(G) The State entity authorizes all charter schools in 
     the State to serve as school food authorities.
       ``(H) The State entity has taken steps to ensure that all 
     authorizing public chartering agencies implement best 
     practices for charter school authorizing.
       ``(I) The State entity is able to demonstrate that its 
     State provides charter schools one or more of the following:
       ``(i) Funding for facilities.
       ``(ii) Assistance with the acquisition of facilities.
       ``(iii) Access to public facilities.
       ``(iv) The right of first refusal to purchase public school 
     buildings.
       ``(v) Low or no cost leasing privileges.
       ``(g) Local Uses of Funds.--An eligible applicant receiving 
     a subgrant under this section shall use such funds to carry 
     out activities related to opening and preparing to operate a 
     new charter school, a replicated, high-quality charter school 
     model, or an expanded, high-quality charter school, such as--
       ``(1) preparing teachers and school leaders, including 
     through professional development;
       ``(2) acquiring equipment, educational materials, and 
     supplies; and
       ``(3) carrying out necessary renovations and minor 
     facilities repairs (excluding construction).
       ``(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 by each subgrant 
     awarded under this section and, if applicable, how many new 
     students were served during each year of the subgrant period;
       ``(2) the progress the State entity made toward meeting the 
     priorities described in subsection (f)(2), as applicable;
       ``(3) how the State entity met the objectives of the 
     quality charter school program described in the State 
     entity's application under subsection (e), including how the 
     State entity met the objective of sharing best and promising 
     practices described in subsection (e)(1)(A)(x) in areas such 
     as instruction, professional development, curricula 
     development, and operations between charter schools and other 
     public schools, and the extent to which, if known, such 
     practices were adopted and implemented by such other public 
     schools;
       ``(4) how the State entity complied with, and ensured that 
     eligible applicants complied with, the assurances described 
     in the State entity's application;
       ``(5) how the State entity worked with authorized public 
     chartering agencies, including how the agencies worked with 
     the management company or leadership of the schools that 
     received subgrants under this section;
       ``(6) the number of subgrants awarded under this section to 
     carry out each of the following:
       ``(A) the opening of new charter schools;
       ``(B) the opening of replicated, high-quality charter 
     school models; and
       ``(C) the opening of expanded, high-quality charter 
     schools; and
       ``(7) how the State entity has worked with charter schools 
     receiving funds under the State entity's program to foster 
     community involvement in the planning for and opening of such 
     schools.
       ``(i) State Entity Defined.--For purposes of this section, 
     the term `State entity' means--
       ``(1) a State educational agency;
       ``(2) a State charter school board;
       ``(3) a Governor of a State; or
       ``(4) a charter school support organization.

     ``SEC. 3104. FACILITIES FINANCING ASSISTANCE.

       ``(a) Grants to Eligible Entities.--
       ``(1) In general.--From the amount reserved under section 
     3102(b)(1), the Secretary shall not use less than 50 percent 
     to award grants to eligible entities that have the highest-
     quality applications approved under subsection (d), after 
     considering the diversity of such applications, to 
     demonstrate innovative methods of 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.--The Secretary shall evaluate each 
     application submitted under subsection (d), and shall 
     determine whether the application is sufficient to merit 
     approval.
       ``(c) Grant Characteristics.--Grants under subsection (a) 
     shall be of a sufficient size, scope, and quality so as to 
     ensure an effective demonstration of an innovative means of 
     enhancing credit for the financing of charter school 
     acquisition, construction, or renovation.
       ``(d) Applications.--
       ``(1) In general.--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 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 public funding used and 
     otherwise enhance credit available to charter schools, 
     including how the eligible entity will offer a combination of 
     rates and terms more favorable than the rates and terms that 
     a charter school could receive without assistance from the 
     eligible entity under subsection (a);
       ``(E) a description of how the eligible entity possesses 
     sufficient expertise in education to evaluate the likelihood 
     of success of a charter school program for which facilities 
     financing is sought; and
       ``(F) in the case of an application submitted by a State 
     governmental entity, a description of the actions that the 
     entity has taken, or will take, to ensure that charter 
     schools within the State receive the funding the charter 
     schools need to have adequate facilities.
       ``(e) Charter School Objectives.--An eligible entity 
     receiving a grant under subsection (a) shall use the funds 
     deposited in the reserve account established under subsection 
     (f) to assist one or more charter schools to access private 
     sector capital to accomplish one or more of the following 
     objectives:
       ``(1) The acquisition (by purchase, lease, donation, or 
     otherwise) of an interest (including an interest held by a 
     third party for the benefit of a charter school) in improved 
     or unimproved real property that is necessary to commence or 
     continue the operation of a charter school.
       ``(2) The construction of new facilities, or the 
     renovation, repair, or alteration of existing facilities, 
     necessary to commence or continue the operation of a charter 
     school.

[[Page 2711]]

       ``(3) The predevelopment costs required to assess sites for 
     purposes of paragraph (1) or (2) and which are necessary to 
     commence or continue the operation of a charter school.
       ``(f) Reserve Account.--
       ``(1) Use of funds.--To assist charter schools 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 subsection (a) and 
     deposited in the reserve account established under paragraph 
     (1) shall be invested in obligations issued or guaranteed by 
     the United States or a State, or in other similarly low-risk 
     securities.
       ``(3) Reinvestment of earnings.--Any earnings on funds 
     received under subsection (a) shall be deposited in the 
     reserve account established under paragraph (1) and used in 
     accordance with such paragraph.
       ``(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 (excluding subsection (k)).
       ``(B) Contents.--Each annual report submitted under 
     subparagraph (A) shall include--
       ``(i) a copy of the most recent financial statements, and 
     any accompanying opinion on such statements, prepared by the 
     independent public accountant reviewing the financial records 
     of the eligible entity;
       ``(ii) a copy of any report made on an audit of the 
     financial records of the eligible entity that was conducted 
     under paragraph (1) during the reporting period;
       ``(iii) an evaluation by the eligible entity of the 
     effectiveness of its use of the Federal funds provided under 
     subsection (a) in leveraging private funds;
       ``(iv) a listing and description of the charter schools 
     served during the reporting period, including the amount of 
     funds used by each school, the type of project facilitated by 
     the grant, and the type of assistance provided to the charter 
     schools;
       ``(v) a description of the activities carried out by the 
     eligible entity to assist charter schools in meeting the 
     objectives set forth in subsection (e); and
       ``(vi) a description of the characteristics of lenders and 
     other financial institutions participating in the activities 
     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 subsection 
     (a), that the eligible entity has failed to make substantial 
     progress in carrying out the purposes described in subsection 
     (f)(1); or
       ``(B) all or a portion of the funds in a reserve account 
     established by an eligible entity under subsection (f)(1) if 
     the Secretary determines that the eligible entity has 
     permanently ceased to use all or a portion of the funds in 
     such account to accomplish any purpose described in 
     subsection (f)(1).
       ``(2) Exercise of authority.--The Secretary shall not 
     exercise the authority provided in paragraph (1) to collect 
     from any eligible entity any funds that are being properly 
     used to achieve one or more of the purposes described in 
     subsection (f)(1).
       ``(3)  Procedures.--The provisions of sections 451, 452, 
     and 458 of the General Education Provisions Act (20 U.S.C. 
     124, 1234a, 1234g) shall apply to the recovery of funds under 
     paragraph (1).
       ``(4) Construction.--This subsection shall not be construed 
     to impair or affect the authority of the Secretary to recover 
     funds under part D of the General Education Provisions Act 
     (20 U.S.C. 1234 et seq.).
       ``(k) Per-Pupil Facilities Aid Program.--
       ``(1) Definition of per-pupil facilities aid program.--In 
     this subsection, the term `per-pupil facilities aid program' 
     means a program in which a State makes payments, on a per-
     pupil basis, to charter schools to provide the schools with 
     financing--
       ``(A) that is dedicated solely 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 under section 3102(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 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.--Except as provided in clause (ii), 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.--Notwithstanding clause (i), a State 
     that is required under State law to provide its charter 
     schools with access to adequate facility space, but which 
     does not have a per-pupil facilities aid program for charter 
     schools specified in State law, 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. 3105. NATIONAL ACTIVITIES.

       ``(a) In General.--Of the amount reserved under section 
     3102(b)(2), the Secretary shall--
       ``(1) use not less than 75 percent of such amount to award 
     grants in accordance with subsection (b); and
       ``(2) use not more than 25 percent of such amount to--
       ``(A) provide technical assistance to State entities in 
     awarding subgrants under section 3103,

[[Page 2712]]

     and eligible entities and States receiving grants under 
     section 3104;
       ``(B) disseminate best practices; and
       ``(C) evaluate the impact of the charter school program, 
     including the impact on student achievement, carried out 
     under this subpart.
       ``(b)  Grants.--
       ``(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 3102(a)(1), 
     subparagraphs (A) through (C) of section 3103(a)(1), and 
     section 3103(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 3103.
       ``(3) Charter management organizations.--The Secretary 
     shall--
       ``(A) of the amount described in subsection (a)(1), use not 
     less than 75 percent to make grants, on a competitive basis, 
     to eligible applicants described in paragraph (4)(B); and
       ``(B) notwithstanding paragraphs (1)(A) and (2) of section 
     3103(f)--
       ``(i) award grants to eligible applicants on the basis of 
     the quality of the applications submitted under this 
     subsection; and
       ``(ii) in awarding grants to eligible applicants described 
     in paragraph (4)(B) of this subsection, take into 
     consideration whether such an eligible applicant--

       ``(I) demonstrates a high proportion of high-quality 
     charter schools within the network of the eligible applicant;
       ``(II) demonstrates success in serving students who are 
     educationally disadvantaged;
       ``(III) does not have a significant proportion of charter 
     schools that have been closed, had their charter revoked for 
     compliance issues, or had their affiliation with such 
     eligible applicant revoked;
       ``(IV) has sufficient procedures in effect to ensure timely 
     closure of low-performing or financially mismanaged charter 
     schools and clear plans and procedures in effect for the 
     students in such schools to attend other high-quality 
     schools; and
       ``(V) demonstrates success in working with schools 
     identified for improvement by the State.

       ``(4) Eligible applicant defined.--For purposes of this 
     subsection, the term `eligible applicant' means an eligible 
     applicant (as defined in section 3110) that--
       ``(A) desires to open a charter school in--
       ``(i) a State that did not apply for a grant under section 
     3103; or
       ``(ii) a State that did not receive a grant under section 
     3103; or
       ``(B) is a charter management organization.
       ``(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. 3106. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND 
                   FOR SUCCESSIVE ENROLLMENT EXPANSIONS.

       ``(a) In General.--For purposes of the allocation to 
     schools by the States or their agencies of funds under part A 
     of title I, and any other Federal funds which the Secretary 
     allocates to States on a formula basis, the Secretary and 
     each State educational agency shall take such measures as are 
     necessary to ensure that every charter school receives the 
     Federal funding for which the charter school is eligible not 
     later than 5 months after the charter school first opens, 
     notwithstanding the fact that the identity and 
     characteristics of the students enrolling in that charter 
     school are not fully and completely determined until that 
     charter school actually opens. The measures similarly shall 
     ensure that every charter school expanding its enrollment in 
     any subsequent year of operation receives the Federal funding 
     for which the charter school is eligible not later than 5 
     months after such expansion.
       ``(b) Adjustment and Late Openings.--
       ``(1) In general.--The measures described in subsection (a) 
     shall include provision for appropriate adjustments, through 
     recovery of funds or reduction of payments for the succeeding 
     year, in cases where payments made to a charter school on the 
     basis of estimated or projected enrollment data exceed the 
     amounts that the school is eligible to receive on the basis 
     of actual or final enrollment data.
       ``(2) Rule.--For charter schools that first open after 
     November 1 of any academic year, the State, in accordance 
     with guidance provided by the Secretary and applicable 
     Federal statutes and regulations, shall ensure that such 
     charter schools that are eligible for the funds described in 
     subsection (a) for such academic year have a full and fair 
     opportunity to receive those funds during the charter 
     schools' first year of operation.

     ``SEC. 3107. SOLICITATION OF INPUT FROM CHARTER SCHOOL 
                   OPERATORS.

       ``To the extent practicable, the Secretary shall ensure 
     that administrators, teachers, and other individuals directly 
     involved in the operation of charter schools are consulted in 
     the development of any rules or regulations required to 
     implement this subpart, as well as in the development of any 
     rules or regulations relevant to charter schools that are 
     required to implement part A of title I, the Individuals with 
     Disabilities Education Act, or any other program administered 
     by the Secretary that provides education funds to charter 
     schools or regulates the activities of charter schools.

     ``SEC. 3108. RECORDS TRANSFER.

       ``State educational agencies and local educational 
     agencies, as quickly as possible and to the extent 
     practicable, shall ensure that a student's records and, if 
     applicable, a student's individualized education program as 
     defined in section 602(14) of the Individuals with 
     Disabilities Education Act, are transferred to a charter 
     school upon the transfer of the student to the charter 
     school, and to another public school upon the transfer of the 
     student from a charter school to another public school, in 
     accordance with applicable State law.

     ``SEC. 3109. PAPERWORK REDUCTION.

       ``To the extent practicable, the Secretary and each 
     authorized public chartering agency shall ensure that 
     implementation of this subpart results in a minimum of 
     paperwork for any eligible applicant or charter school.

     ``SEC. 3110. DEFINITIONS.

       ``In this subpart:
       ``(1) Charter management organization.--The term `charter 
     management organization' means a nonprofit organization that 
     manages a network of charter schools linked by centralized 
     support, operations, and oversight.
       ``(2) Charter school support organization.--The term 
     `charter school support organization' means a nonprofit, 
     nongovernmental entity that is not an authorized public 
     chartering agency, which provides on a statewide basis--
       ``(A) assistance to developers during the planning, program 
     design, and initial implementation of a charter school; and
       ``(B) technical assistance to charter schools to operate 
     such schools.
       ``(3) Developer.--The term `developer' means an individual 
     or group of individuals (including a public or private 
     nonprofit organization), which may include teachers, 
     administrators and other school staff, parents, or other 
     members of the local community in which a charter school 
     project will be carried out.
       ``(4) Eligible applicant.--The term `eligible applicant' 
     means a developer that has--
       ``(A) applied to an authorized public chartering authority 
     to operate a charter school; and
       ``(B) provided adequate and timely notice to that 
     authority.
       ``(5) Authorized public chartering agency.--The term 
     `authorized public chartering agency' means a State 
     educational agency, local educational agency, or other public 
     entity that has the authority pursuant to State law and 
     approved by the Secretary to authorize or approve a charter 
     school.
       ``(6) Expanded, high-quality charter school.--The term 
     `expanded, high-quality charter school' means a high-quality 
     charter school that has either significantly increased its 
     enrollment or added one or more grades to its school.
       ``(7) High-quality charter school.--The term `high-quality 
     charter school' means a charter school that--
       ``(A) shows evidence of strong academic results, which may 
     include strong academic growth as determined by a State;
       ``(B) has no significant issues in the areas of student 
     safety, operational and financial management, or statutory or 
     regulatory compliance;
       ``(C) has demonstrated success in significantly increasing 
     student academic achievement, including graduation rates 
     where applicable, consistent with the requirements under 
     title I, for all students served by the charter school; and
       ``(D) has demonstrated success in increasing student 
     academic achievement, including graduation rates where 
     applicable, for the groups of students described in section 
     1111(b)(3)(B)(ii)(II), except that such demonstration is not 
     required in a case in which the number of students in a group 
     is insufficient to yield statistically reliable information 
     or the results would reveal personally identifiable 
     information about an individual student.
       ``(8) Replicated, high-quality charter school model.--The 
     term `replicated, high-quality charter school model' means a 
     high-quality charter school that has opened a new campus 
     under an existing charter or an additional charter if 
     required or permitted by State law.

                 ``Subpart 2--Magnet School Assistance

     ``SEC. 3121. PURPOSE.

       ``The purpose of this subpart is to assist in the 
     desegregation of schools served by local educational agencies 
     by providing financial assistance to eligible local 
     educational agencies for--
       ``(1) the elimination, reduction, or prevention of minority 
     group isolation in elementary schools and secondary schools 
     with substantial proportions of minority students, which 
     shall include assisting in the efforts of the United States 
     to achieve voluntary desegregation in public schools;
       ``(2) the development and implementation of magnet school 
     programs that will assist local educational agencies in 
     achieving systemic reforms and providing all students the 
     opportunity to meet State academic standards;
       ``(3) the development and design of innovative educational 
     methods and practices that promote diversity and increase 
     choices in public elementary schools and public secondary 
     schools and public educational programs;
       ``(4) courses of instruction within magnet schools that 
     will substantially strengthen the knowledge of academic 
     subjects and the attainment of tangible and marketable 
     career, technical, and professional skills of students 
     attending such schools;
       ``(5) improving the ability of local educational agencies, 
     including through professional development, to continue 
     operating magnet schools at a high performance level after 
     Federal funding for the magnet schools is terminated; and
       ``(6) ensuring that students enrolled in the magnet school 
     programs have equitable access to

[[Page 2713]]

     a quality education that will enable the students to succeed 
     academically and continue with postsecondary education or 
     employment.

     ``SEC. 3122. DEFINITION.

       ``For the purpose of this subpart, the term `magnet school' 
     means a public elementary school, public secondary school, 
     public elementary education center, or public secondary 
     education center that offers a special curriculum capable of 
     attracting substantial numbers of students of different 
     racial backgrounds.

     ``SEC. 3123. PROGRAM AUTHORIZED.

       ``From the amount appropriated under section 3(c)(1)(B), 
     the Secretary, in accordance with this subpart, is authorized 
     to award grants to eligible local educational agencies, and 
     consortia of such agencies where appropriate, to carry out 
     the purpose of this subpart for magnet schools that are--
       ``(1) part of an approved desegregation plan; and
       ``(2) designed to bring students from different social, 
     economic, ethnic, and racial backgrounds together.

     ``SEC. 3124. ELIGIBILITY.

       ``A local educational agency, or consortium of such 
     agencies where appropriate, is eligible to receive a grant 
     under this subpart to carry out the purpose of this subpart 
     if such agency or consortium--
       ``(1) is implementing a plan undertaken pursuant to a final 
     order issued by a court of the United States, or a court of 
     any State, or any other State agency or official of competent 
     jurisdiction, that requires the desegregation of minority-
     group-segregated children or faculty in the elementary 
     schools and secondary schools of such agency; or
       ``(2) without having been required to do so, has adopted 
     and is implementing, or will, if a grant is awarded to such 
     local educational agency, or consortium of such agencies, 
     under this subpart, adopt and implement a plan that has been 
     approved by the Secretary as adequate under title VI of the 
     Civil Rights Act of 1964 for the desegregation of minority-
     group-segregated children or faculty in such schools.

     ``SEC. 3125. APPLICATIONS AND REQUIREMENTS.

       ``(a) Applications.--An eligible local educational agency, 
     or consortium of such agencies, desiring to receive a grant 
     under this subpart shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may reasonably require.
       ``(b) Information and Assurances.--Each application 
     submitted under subsection (a) shall include--
       ``(1) a description of--
       ``(A) how a grant awarded under this subpart will be used 
     to promote desegregation, including how the proposed magnet 
     school programs will increase interaction among students of 
     different social, economic, ethnic, and racial backgrounds;
       ``(B) the manner and extent to which the magnet school 
     program will increase student academic achievement in the 
     instructional area or areas offered by the school;
       ``(C) how the applicant will continue the magnet school 
     program after assistance under this subpart is no longer 
     available, and, if applicable, an explanation of why magnet 
     schools established or supported by the applicant with grant 
     funds under this subpart cannot be continued without the use 
     of grant funds under this subpart;
       ``(D) how grant funds under this subpart will be used--
       ``(i) to improve student academic achievement for all 
     students attending the magnet school programs; and
       ``(ii) to implement services and activities that are 
     consistent with other programs under this Act, and other 
     Acts, as appropriate; and
       ``(E) the criteria to be used in selecting students to 
     attend the proposed magnet school program; and
       ``(2) assurances that the applicant will--
       ``(A) use grant funds under this subpart for the purposes 
     specified in section 3121;
       ``(B) employ effective teachers in the courses of 
     instruction assisted under this subpart;
       ``(C) not engage in discrimination based on race, religion, 
     color, national origin, sex, or disability in--
       ``(i) the hiring, promotion, or assignment of employees of 
     the applicant or other personnel for whom the applicant has 
     any administrative responsibility;
       ``(ii) the assignment of students to schools, or to courses 
     of instruction within the schools, of such applicant, except 
     to carry out the approved plan; and
       ``(iii) designing or operating extracurricular activities 
     for students;
       ``(D) carry out a quality education program that will 
     encourage greater parental decisionmaking and involvement; 
     and
       ``(E) give students residing in the local attendance area 
     of the proposed magnet school program equitable consideration 
     for placement in the program, consistent with desegregation 
     guidelines and the capacity of the applicant to accommodate 
     the students.
       ``(c) Special Rule.--No grant shall be awarded under this 
     subpart unless the Assistant Secretary of Education for Civil 
     Rights determines that the assurances described in subsection 
     (b)(2)(C) will be met.

     ``SEC. 3126. PRIORITY.

       ``In awarding grants under this subpart, the Secretary 
     shall give priority to applicants that--
       ``(1) demonstrate the greatest need for assistance, based 
     on the expense or difficulty of effectively carrying out 
     approved desegregation plans and the magnet school program 
     for which the grant is sought;
       ``(2) propose to carry out new magnet school programs, or 
     significantly revise existing magnet school programs;
       ``(3) propose to select students to attend magnet school 
     programs by methods such as lottery, rather than through 
     academic examination; and
       ``(4) propose to serve the entire student population of a 
     school.

     ``SEC. 3127. USE OF FUNDS.

       ``(a) In General.--Grant funds made available under this 
     subpart may be used by an eligible local educational agency, 
     or consortium of such agencies--
       ``(1) for planning and promotional activities directly 
     related to the development, expansion, continuation, or 
     enhancement of academic programs and services offered at 
     magnet schools;
       ``(2) for the acquisition of books, materials, and 
     equipment, including computers and the maintenance and 
     operation of materials, equipment, and computers, necessary 
     to conduct programs in magnet schools;
       ``(3) for the compensation, or subsidization of the 
     compensation, of elementary school and secondary school 
     teachers, and instructional staff where applicable, who are 
     necessary to conduct programs in magnet schools;
       ``(4) with respect to a magnet school program offered to 
     less than the entire student population of a school, for 
     instructional activities that--
       ``(A) are designed to make available the special curriculum 
     that is offered by the magnet school program to students who 
     are enrolled in the school but who are not enrolled in the 
     magnet school program; and
       ``(B) further the purpose of this subpart;
       ``(5) for activities, which may include professional 
     development, that will build the recipient's capacity to 
     operate magnet school programs once the grant period has 
     ended;
       ``(6) to enable the local educational agency, or consortium 
     of such agencies, to have more flexibility in the 
     administration of a magnet school program in order to serve 
     students attending a school who are not enrolled in a magnet 
     school program; and
       ``(7) to enable the local educational agency, or consortium 
     of such agencies, to have flexibility in designing magnet 
     schools for students in all grades.
       ``(b) Special Rule.--Grant funds under this subpart may be 
     used for activities described in paragraphs (2) and (3) of 
     subsection (a) only if the activities are directly related to 
     improving student academic achievement based on the State's 
     academic standards or directly related to improving student 
     reading skills or knowledge of mathematics, science, history, 
     geography, English, foreign languages, art, or music, or to 
     improving career, technical, and professional skills.

     ``SEC. 3128. LIMITATIONS.

       ``(a) Duration of Awards.--A grant under this subpart shall 
     be awarded for a period that shall not exceed 3 fiscal years.
       ``(b) Limitation on Planning Funds.--A local educational 
     agency, or consortium of such agencies, may expend for 
     planning (professional development shall not be considered to 
     be planning for purposes of this subsection) not more than 50 
     percent of the grant funds received under this subpart for 
     the first year of the program and not more than 15 percent of 
     such funds for each of the second and third such years.
       ``(c) Amount.--No local educational agency, or consortium 
     of such agencies, awarded a grant under this subpart shall 
     receive more than $4,000,000 under this subpart for any 1 
     fiscal year.
       ``(d) Timing.--To the extent practicable, the Secretary 
     shall award grants for any fiscal year under this subpart not 
     later than July 1 of the applicable fiscal year.

     ``SEC. 3129. EVALUATIONS.

       ``(a) Reservation.--The Secretary may reserve not more than 
     2 percent of the funds appropriated under section 3(c)(1)(B) 
     for any fiscal year to carry out evaluations, provide 
     technical assistance, and carry out dissemination projects 
     with respect to magnet school programs assisted under this 
     subpart.
       ``(b) Contents.--Each evaluation described in subsection 
     (a), at a minimum, shall address--
       ``(1) how and the extent to which magnet school programs 
     lead to educational quality and academic improvement;
       ``(2) the extent to which magnet school programs enhance 
     student access to a quality education;
       ``(3) the extent to which magnet school programs lead to 
     the elimination, reduction, or prevention of minority group 
     isolation in elementary schools and secondary schools with 
     substantial proportions of minority students; and
       ``(4) the extent to which magnet school programs differ 
     from other school programs in terms of the organizational 
     characteristics and resource allocations of such magnet 
     school programs.
       ``(c) Dissemination.--The Secretary shall collect and 
     disseminate to the general public information on successful 
     magnet school programs.

     ``SEC. 3130. RESERVATION.

       ``In any fiscal year for which the amount appropriated 
     under section 3(c)(1)(B) exceeds $75,000,000, the Secretary 
     shall give priority in using such amounts in excess of 
     $75,000,000 to awarding grants to local educational agencies 
     or consortia of such agencies that did not receive a grant 
     under this subpart in the preceding fiscal year.

[[Page 2714]]



          ``Subpart 3--Family Engagement in Education Programs

     ``SEC. 3141. PURPOSES.

       ``The purposes of this subpart 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 subpart 
     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. 3142. GRANTS AUTHORIZED.

       ``(a) Statewide Family Engagement Centers.--From the amount 
     appropriated under section 3(c)(1)(C), the Secretary is 
     authorized to award grants for each fiscal year to statewide 
     organizations (or consortia of such organizations), to 
     establish Statewide Family Engagement Centers that 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, 
     or carry out directly, 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.

     ``SEC. 3143. APPLICATIONS.

       ``(a) Submissions.--Each statewide organization, or a 
     consortium of such organizations, that desires a grant under 
     this subpart 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 State educational agency and any 
     partner organization 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; or
       ``(C) systemic services for family engagement in education.
       ``(4) A description of the applicant's demonstrated 
     experience in providing training, information, and support to 
     State educational agencies, local educational agencies, 
     schools, educators, parents, and organizations on family 
     engagement in education policies and practices that are 
     effective for parents (including low-income parents) and 
     families, 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) A description of the steps the applicant will take to 
     target services to low-income students and parents.
       ``(6) An assurance that the applicant will--
       ``(A) establish a special advisory committee, the 
     membership of which includes--
       ``(i) parents, who shall constitute a majority of the 
     members of the special advisory committee;
       ``(ii) representatives of education professionals with 
     expertise in improving services for disadvantaged children;
       ``(iii) representatives of local elementary schools and 
     secondary schools, including students;
       ``(iv) representatives of the business community; and
       ``(v) representatives of State educational agencies and 
     local educational agencies;
       ``(B) use not less than 65 percent of the funds received 
     under this subpart 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 subpart; 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 subpart 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;
       ``(J) conduct sufficient outreach to assist parents, 
     including parents who the applicant may have a difficult time 
     engaging with a school or local educational agency; and
       ``(K) conduct outreach to low-income students and parents, 
     including low-income students and parents who are not 
     proficient in English.

     ``SEC. 3144. USES OF FUNDS.

       ``(a) In General.--Grantees shall use grant funds received 
     under this subpart, based on the needs determined under 
     section 3143(b)(6)(I), to provide training and technical 
     assistance to State educational agencies, local educational 
     agencies, and organizations that support family-school 
     partnerships, and activities, services, and training for 
     local educational agencies, school leaders, educators, and 
     parents--
       ``(1) to assist parents in participating effectively in 
     their children's education and to help their children meet 
     State 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 and implement parental involvement 
     policies under this Act.
       ``(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 3(c)(1)(C) to carry out this subpart to provide 
     technical assistance, by competitive 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. 3145. 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 
     nonprofit parent organizations to establish and operate 
     Family Engagement Centers.

                ``PART B--LOCAL ACADEMIC FLEXIBLE GRANT

     ``SEC. 3201. PURPOSE.

       ``The purpose of this part is to--

[[Page 2715]]

       ``(1) provide local educational agencies with the 
     opportunity to access funds to support the initiatives 
     important to their schools and students to improve academic 
     achievement and student engagement, including protecting 
     student safety; and
       ``(2) provide nonprofit and for-profit entities the 
     opportunity to work with students to improve academic 
     achievement and student engagement, including student safety.

     ``SEC. 3202. ALLOTMENTS TO STATES.

       ``(a) Reservations.--From the funds appropriated under 
     section 3(c)(2) for any fiscal year, the Secretary shall 
     reserve--
       ``(1) not more than one-half of 1 percent for national 
     activities to provide technical assistance to eligible 
     entities in carrying out programs under this part; and
       ``(2) not more than one-half of 1 percent for payments to 
     the outlying areas and the Bureau of Indian Education, to be 
     allotted in accordance with their respective needs for 
     assistance under this part, as determined by the Secretary, 
     to enable the outlying areas and the Bureau to carry out the 
     purpose of this part.
       ``(b) State Allotments.--
       ``(1) Determination.--From the funds appropriated under 
     section 3(c)(2) 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 chapter B of subpart 1 of 
     part A of title I for the preceding fiscal year bears to the 
     amount all States received under that chapter 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 section.
       ``(c) State Use of Funds.--
       ``(1) In general.--Each State that receives an allotment 
     under this part shall reserve not less than 75 percent of the 
     amount allotted to the State under subsection (b) for each 
     fiscal year for awards to eligible entities under section 
     3204.
       ``(2) Awards to nongovernmental entities to improve student 
     academic achievement.--Each State that receives an allotment 
     under subsection (b) for each fiscal year shall reserve not 
     less than 8 percent of the amount allotted to the State for 
     awards to nongovernmental entities under section 3205.
       ``(3) State activities and state administration.--A State 
     educational agency may reserve not more than 17 percent of 
     the amount allotted to the State under subsection (b) for 
     each fiscal year for one or more of the following:
       ``(A) Enabling the State educational agency--
       ``(i) to pay the costs of developing the State assessments 
     and standards required under section 1111(b), which may 
     include the costs of working, at the sole discretion of the 
     State, in voluntary partnerships with other States to develop 
     such assessments and standards; or
       ``(ii) if the State has developed the assessments and 
     standards required under section 1111(b), to administer those 
     assessments or carry out other activities related to ensuring 
     that the State's schools and local educational agencies are 
     helping students meet the State's academic standards under 
     such section.
       ``(B) The administrative costs of carrying out its 
     responsibilities under this part, except that not more than 5 
     percent of the reserved amount may be used for this purpose.
       ``(C) Monitoring and evaluation of programs and activities 
     assisted under this part.
       ``(D) Providing training and technical assistance under 
     this part.
       ``(E) Statewide academic focused programs.
       ``(F) Sharing evidence-based and other effective strategies 
     with eligible entities.
       ``(G) Awarding grants for blended learning projects under 
     paragraph (4).
       ``(4) Blended learning projects.--
       ``(A) In general.--From the amount of funds a State 
     educational agency reserves under subsection (c)(3) for each 
     fiscal year to carry out this paragraph, the State 
     educational agency shall award grants on a competitive basis 
     to eligible entities in the State to carry out blended 
     learning projects described in this paragraph.
       ``(B) Geographic diversity.-- In awarding grants under this 
     paragraph, a State educational agency shall distribute funds 
     equitably among geographic areas of the State, including 
     rural and urban communities.
       ``(C) Application.--An eligible entity desiring to receive 
     a grant under this paragraph shall submit an application to 
     the State educational agency at such time and in such manner 
     as the agency may require, and which describes--
       ``(i) the blended learning project to be carried out by the 
     eligible entity, including the design of the instructional 
     model to be carried out by the eligible entity and how such 
     eligible entity will use funds provided under this paragraph 
     to carry out the project;
       ``(ii) in the case of an eligible entity described in 
     subclause (I), (II), or (IV) of subparagraph (F)(ii), the 
     schools that will participate in the project;
       ``(iii) the expected impact on student academic 
     achievement;
       ``(iv) how the eligible entity will ensure sufficient 
     information technology is available to carry out the project;
       ``(v) how the eligible entity will ensure sufficient 
     digital instructional resources are available to students 
     participating in the project;
       ``(vi) the ongoing professional development to be provided 
     for teachers, school leaders, and other personnel carrying 
     out the project;
       ``(vii) the State policies and procedures for which the 
     eligible entity requests waivers from the State to carry out 
     the project, which may include requests for the waivers 
     described in section 3203(a)(11)(B);
       ``(viii) as appropriate, how the eligible entity will use 
     the blended learning project to improve instruction and 
     access to the curriculum for diverse groups of students, 
     including students with disabilities and students who are 
     limited English proficient;
       ``(ix) how the eligible entity will evaluate the project in 
     terms of student academic achievement and publicly report the 
     results of such evaluation; and
       ``(x) how the eligible entity will sustain the project 
     beyond the grant period.
       ``(D) Uses of funds.--An eligible entity receiving a grant 
     under this paragraph shall use such grant to carry out a 
     blended learning project, which shall include at least 1 of 
     the following activities:
       ``(i) Planning activities, which may include development of 
     new instructional models (including blended learning 
     technology software and platforms), the purchase of digital 
     instructional resources, initial professional development 
     activities, and one-time information technology purchases, 
     except that such expenditures may not include expenditures 
     related to significant construction or renovation of 
     facilities.
       ``(ii) Ongoing professional development for teachers, 
     school leaders, or other personnel involved in the project 
     that is designed to support the implementation and academic 
     success of the project.
       ``(E) Non-federal match.--A State educational agency that 
     carries out a grant program under this paragraph shall 
     provide non-Federal matching funds equal to not less than 10 
     percent of the grant funds awarded by the State educational 
     agency to eligible entities under this paragraph.
       ``(F) Definitions.--In this paragraph:
       ``(i) Blended learning project.--The term `blended learning 
     project' means a formal education program--

       ``(I) that includes an element of online learning, and 
     instructional time in a supervised location away from home;
       ``(II) that includes an element of student control over 
     time, path, or pace; and
       ``(III) in which the elements are connected to provide an 
     integrated learning experience.

       ``(ii) Eligible entity.--The term `eligible entity' means 
     a--

       ``(I) local educational agency;
       ``(II) educational service agency;
       ``(III) charter school; or
       ``(IV) consortium of the entities described in subclause 
     (I), (II), or (III), which may be in partnership with a for-
     profit or nonprofit entity.

     ``SEC. 3203. STATE APPLICATION.

       ``(a) In General.--In order to receive an allotment under 
     section 3202 for any fiscal year, a State educational agency 
     shall submit to the Secretary, at such time as the Secretary 
     may require, an application that--
       ``(1) describes how the State educational agency will use 
     funds reserved for State-level activities, including how, if 
     any, of the funds will be used to support student safety;
       ``(2) describes the procedures and criteria the State 
     educational agency will use for reviewing applications and 
     awarding funds to eligible entities on a competitive basis, 
     which shall include reviewing how the proposed project will 
     help increase student academic achievement and student 
     engagement;
       ``(3) describes how the State educational agency will 
     ensure that awards made under this part are--
       ``(A) of sufficient size and scope to support high-quality, 
     effective programs that are consistent with the purpose of 
     this part; and
       ``(B) in amounts that are consistent with section 3204(f);
       ``(4) describes the steps the State educational agency will 
     take to ensure that programs implement effective strategies, 
     including providing ongoing technical assistance and 
     training, and dissemination of evidence-based and other 
     effective strategies;
       ``(5) describes how the State educational agency will 
     consider students across all grades when making these awards;
       ``(6) an assurance that, other than providing technical and 
     advisory assistance and monitoring compliance with this part, 
     the State educational agency has not exercised and will not 
     exercise any influence in the decisionmaking process of 
     eligible entities as to the expenditure of funds received by 
     the eligible entities under this part;
       ``(7) describes how programs under this part will be 
     coordinated with programs under this Act, and other programs 
     as appropriate;
       ``(8) contains an assurance that the State educational 
     agency--
       ``(A) will make awards for programs for a period of not 
     more than 5 years; and
       ``(B) will require each eligible entity seeking such an 
     award to submit a plan describing how the project to be 
     funded through the award will continue after funding under 
     this part ends, if applicable;
       ``(9) contains an assurance that funds appropriated to 
     carry out this part will be used to supplement, and not 
     supplant, State and local public funds expended to provide 
     programs and activities authorized under this part and other 
     similar programs;
       ``(10) an assurance that the State will support projects 
     from each of the categories listed in section 3204(b)(1)(D) 
     in awarding subgrants to local educational agencies; and

[[Page 2716]]

       ``(11) in the case of a State that will carry out a program 
     to award grants under section 3202(c)(4), a description of 
     the program, which shall include--
       ``(A) the criteria the State will use to award grants under 
     such section to eligible entities to carry out blended 
     learning projects;
       ``(B) the State policies and procedures to be waived by the 
     State, consistent with Federal law, for such eligible 
     entities to carry out such projects, which may include 
     waivers with respect to--
       ``(i) restrictions on class sizes;
       ``(ii) restrictions on licensing or credentialing of 
     personnel supervising student work in such projects;
       ``(iii) restrictions on the use of State funding for 
     instructional materials for the purchase of digital 
     instructional resources;
       ``(iv) restrictions on advancing students based on 
     demonstrated mastery of learning outcomes, rather than seat-
     time requirements; and
       ``(v) restrictions on secondary school students in the 
     State enrolling in online coursework;
       ``(C) how the State will inform eligible entities of the 
     availability of the waivers described in subparagraph (B); 
     and
       ``(D) how the State will provide the non-Federal match 
     required under section 3202(c)(4)(E).
       ``(b) Deemed Approval.--An application submitted by a State 
     educational agency pursuant to subsection (a) shall be deemed 
     to be approved by the Secretary unless the Secretary makes a 
     written determination, prior to the expiration of the 120-day 
     period beginning on the date on which the Secretary received 
     the application, that the application is not in compliance 
     with this part.
       ``(c) Disapproval.--The Secretary shall not finally 
     disapprove the application, except after giving the State 
     educational agency notice and an opportunity for a hearing.
       ``(d) Notification.--If the Secretary finds that the 
     application is not in compliance, in whole or in part, with 
     this part, the Secretary shall--
       ``(1) give the State educational agency notice and an 
     opportunity for a hearing; and
       ``(2) notify the State educational agency of the finding of 
     noncompliance, and, in such notification, 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.
       ``(g) Rule of Construction.--An application submitted by a 
     State educational agency pursuant to subsection (a) shall not 
     be approved or disapproved based upon the activities for 
     which the agency may make funds available to eligible 
     entities under section 3204 if the agency's use of funds is 
     consistent with section 3204(b).

     ``SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM.

       ``(a) In General.--A State that receives funds under this 
     part for a fiscal year shall provide the amount made 
     available under section 3202(c)(1) to eligible entities in 
     accordance with this section.
       ``(b) Use of Funds.--
       ``(1) In general.--An eligible entity that receives an 
     award under this part shall use the funds for activities 
     that--
       ``(A) are evidence-based;
       ``(B) will improve student academic achievement and student 
     engagement;
       ``(C) are allowable under State law; and
       ``(D) focus on one or more projects from the following two 
     categories:
       ``(i) Supplemental student support activities such as 
     before, after, or summer school activities, tutoring, and 
     expanded learning time, but not including athletics or in-
     school learning activities.
       ``(ii) Activities designed to support students, such as 
     academic subject specific programs including computer science 
     and other science, technology, engineering, and mathematics 
     programs, arts education, civic education, and adjunct 
     teacher, extended-learning-time, and dual enrollment 
     programs, and parent engagement, but not including activities 
     to--

       ``(I) support smaller class sizes or construction; or
       ``(II) provide compensation or benefits to teachers, school 
     leaders, other school officials, or local educational agency 
     staff.

       ``(2) Participation of children enrolled in private 
     schools.--An eligible entity that receives an award under 
     this part shall ensure compliance with section 6501 (relating 
     to participation of children enrolled in private schools).
       ``(c) Application.--
       ``(1) In general.--To be eligible to receive an award under 
     this part, an eligible entity shall submit an application to 
     the State educational agency at such time, in such manner, 
     and including such information as the State educational 
     agency may reasonably require, including the contents 
     required by paragraph (2).
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall include--
       ``(A) a description of the activities to be funded and how 
     they are consistent with subsection (b), including any 
     activities that will increase student safety;
       ``(B) an assurance that funds under this part will be used 
     to increase the level of State, local, and other non-Federal 
     funds that would, in the absence of funds under this part, be 
     made available for programs and activities authorized under 
     this part, and in no case supplant State, local, or non-
     Federal funds;
       ``(C) an assurance that the community will be given notice 
     of an intent to submit an application with an opportunity for 
     comment, and that the application will be available for 
     public review after submission of the application; and
       ``(D) an assurance that students who benefit from any 
     activity funded under this part shall continue to maintain 
     enrollment in a public elementary or secondary school.
       ``(d) 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 but the review shall be limited to the 
     likelihood that the project will increase student academic 
     achievement and student engagement.
       ``(e) Geographic Diversity.--A State educational agency 
     shall distribute funds under this part equitably among 
     geographic areas within the State, including rural, suburban, 
     and urban communities.
       ``(f) Award.--A grant shall be awarded to all eligible 
     entities that submit an application that meets the 
     requirements of this section in an amount that is not less 
     than $10,000, but there shall be only one annual award 
     granted to any one local educational agency, but such award 
     may be for multiple projects or programs with the local 
     educational agency.
       ``(g) Duration of Awards.--Grants under this part may be 
     awarded for a period of not more than 5 years.
       ``(h) Eligible Entity Defined.--In this section, the term 
     `eligible entity' means--
       ``(1) a local educational agency in partnership with a 
     community-based organization, institution of higher 
     education, business entity, or nongovernmental entity;
       ``(2) a consortium of local educational agencies working in 
     partnership with a community-based organization, institution 
     of higher education, business entity, or nongovernmental 
     entity;
       ``(3) a community-based organization or institution of 
     higher education in partnership with a local educational 
     agency and, if applicable, a business entity or 
     nongovernmental entity; or
       ``(4) a business entity in partnership with a local 
     educational agency and, if applicable, a community-based 
     organization, institution of higher education, or 
     nongovernmental entity.

     ``SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO IMPROVE 
                   ACADEMIC ACHIEVEMENT.

       ``(a) In General.--From the amount reserved under section 
     3202(c)(2), a State educational agency shall award grants to 
     nongovernmental entities, including public or private 
     organizations, community-based or faith-based organizations, 
     institutions of higher education, and business entities for a 
     program or project to increase the academic achievement and 
     student engagement of public school students attending public 
     elementary or secondary schools (or both) in compliance with 
     the requirements in this section. Subject to the availability 
     of funds, the State educational agency shall award a grant to 
     each eligible applicant that meets the requirements in a 
     sufficient size and scope to support the program.
       ``(b) Application.--The State educational agency shall 
     require an application that includes the following 
     information:
       ``(1) A description of the program or project the applicant 
     will use the funds to support.
       ``(2) A description of how the applicant is using or will 
     use other State, local, or private funding to support the 
     program or project.
       ``(3) A description of how the program or project will help 
     increase student academic achievement and student engagement, 
     including the evidence to support this claim.
       ``(4) A description of the student population the program 
     or project is targeting to impact, and if the program will 
     prioritize students in high-need local educational agencies.
       ``(5) A description of how the applicant will conduct 
     sufficient outreach to ensure students can participate in the 
     program or project.
       ``(6) A description of any partnerships the applicant has 
     entered into with local educational agencies or other 
     entities the applicant will work with, if applicable.
       ``(7) A description of how the applicant will work to share 
     evidence-based and other effective strategies from the 
     program or project with local educational agencies and other 
     entities working with students to increase academic 
     achievement.
       ``(8) An assurance that students who benefit from any 
     program or project funded under this section shall continue 
     to maintain enrollment in a public elementary or secondary 
     school.
       ``(c) Matching Contribution.--An eligible applicant 
     receiving a grant under this section shall provide, either 
     directly or through private contributions, non-Federal 
     matching funds equal to not less than 50 percent of the 
     amount of the grant.

[[Page 2717]]

       ``(d) Review.--The State educational agency shall review 
     the application to ensure that--
       ``(1) the applicant is an eligible applicant;
       ``(2) the application clearly describes the required 
     elements in subsection (b);
       ``(3) the entity meets the matching requirement described 
     in subsection (c); and
       ``(4) the program is allowable and complies with Federal, 
     State, and local laws.
       ``(e) Distribution of Funds.--If the application requests 
     exceed the funds available, the State educational agency 
     shall prioritize projects that support students in high-need 
     local educational agencies and ensure geographic diversity, 
     including serving rural, suburban, and urban areas.
       ``(f) Administrative Costs.--Not more than 1 percent of a 
     grant awarded under this section may be used for 
     administrative costs.

     ``SEC. 3206. REPORT.

       ``Each recipient of a grant under section 3204 or 3205 
     shall report to the State educational agency on--
       ``(1) the success of the program in reaching the goals of 
     the program;
       ``(2) a description of the students served by the program 
     and how the students' academic achievement improved; and
       ``(3) the results of any evaluation conducted on the 
     success of the program.''.

                          TITLE IV--IMPACT AID

     SEC. 401. PURPOSE.

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

     SEC. 402. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL 
                   PROPERTY.

       Section 8002 (20 U.S.C. 7702) is amended--
       (1) in subsection (a)(1)(C), by amending the matter 
     preceding clause (i) to read as follows:
       ``(C) had an assessed value according to original records 
     (including facsimiles or other reproductions of those 
     records) documenting the assessed value of such property 
     (determined as of the time or times when so acquired) 
     prepared by the local officials referred to in subsection 
     (b)(3) or, when such original records are not available due 
     to unintentional destruction (such as natural disaster, fire, 
     flooding, pest infestation, or deterioration due to age), 
     other records, including Federal agency records, local 
     historical records, or other records that the Secretary 
     determines to be appropriate and reliable, aggregating 10 
     percent or more of the assessed value of--'';
       (2) in subsection (b)(1)(B), by striking ``section 
     8014(a)'' and inserting ``section 3(d)(1)'';
       (3) 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.'';
       (4) 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 subsection (b) is formed at any time after 1938 
     by the consolidation of 2 or more former school districts, 
     the local educational agency may elect to have the Secretary 
     determine its eligibility for any fiscal year on the basis of 
     1 or more of those former districts, as designated by the 
     local educational agency.
       ``(2) Eligible local educational agencies.--A local 
     educational agency referred to in subsection (a) is--
       ``(A) any local educational agency that, for fiscal year 
     1994 or any preceding fiscal year, applied, and was 
     determined to be eligible under, section 2(c) of the Act of 
     September 30, 1950 (Public Law 874, 81st Congress) as that 
     section was in effect for that fiscal year; or
       ``(B) a local educational agency formed by the 
     consolidation of 2 or more districts, at least 1 of which was 
     eligible for assistance under this section for the fiscal 
     year preceding the year of the consolidation, if--
       ``(i) for fiscal years 2006 through 2015 the local 
     educational agency notified the Secretary not later than 30 
     days after the date of the enactment of this Act; and
       ``(ii) for fiscal year 2016 the local educational agency 
     includes the designation in its application under section 
     8005 or any timely amendment to such application.
       ``(3) Amount.--A local educational agency eligible under 
     subsection (b) shall receive a foundation payment as provided 
     for under subparagraphs (A) and (B) of subsection (h)(1), 
     except that the foundation payment shall be calculated based 
     on the most recent payment received by the local educational 
     based on its former common status.'';
       (5) 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'';
       (6) by repealing subsections (k) and (m);
       (7) by redesignating subsection (l) as subsection (j);
       (8) by amending subsection (j) (as so redesignated) by 
     striking ``(h)(4)(B)'' and inserting ``(h)(2)''; and
       (9) by redesignating subsection (n) as subsection (k).

     SEC. 403. 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 (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 has a tax rate for general fund 
     purposes that is not less than 95 percent of the average tax 
     rate for general fund purposes of comparable local 
     educational agencies in the State;

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

       ``(aa) has 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 is 
     eligible to receive a basic support payment under 
     subparagraph (A), but that has had, for 2 consecutive fiscal 
     years, a tax rate for general fund purposes that falls below 
     95 percent of the average tax rate for general fund purposes 
     of comparable local educational agencies in the State, such 
     agency shall be determined to be ineligible under clause (i) 
     and ineligible to receive a basic support payment under 
     subparagraph

[[Page 2718]]

     (A) for each fiscal year succeeding such 2 consecutive fiscal 
     years for which the agency has such a tax rate for general 
     fund purposes, and until the fiscal year for which the agency 
     resumes such eligibility in accordance with clause (iii).'';

       (B) by striking subparagraph (C);
       (C) by redesignating subparagraphs (D) through (H) as 
     subparagraphs (C) through (G), respectively;
       (D) 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: `` (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 subparagraph (A), (B), or (C) of such 
     subsection equal to at least 10 percent of the agency's total 
     enrollment, the Secretary shall calculate the weighted 
     student units of those children described in subparagraph (D) 
     or (E) of such subsection by multiplying the number of such 
     children by a factor of 0.55.
       ``(bb) Notwithstanding subitem (aa), a local educational 
     agency that received a payment under this paragraph for 
     fiscal year 2013 shall not be required to have an enrollment 
     of children described in subparagraph (A), (B), or (C) of 
     subsection (a)(1) equal to at least 10 percent of the 
     agency's total enrollment.''; and
       (iv) by amending subclause (III) of clause (ii) by striking 
     ``(B)(i)(II)(aa)'' and inserting ``subparagraph (B)(i)(I)'';
       (E) in subparagraph (D)(i)(II) (as so redesignated), by 
     striking ``6,000'' and inserting ``5,500'';
       (F) 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);
       (G) in subparagraph (F) (as so redesignated), by striking 
     ``subparagraph (C)(i)(II)(bb)'' and inserting ``subparagraph 
     (B)(i)(II)(bb)(BB)''; and
       (H) 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 the 
     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)'';
       (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;
       ``(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) subparagraphs (F) and (G) of subsection (a)(1), but 
     only to the extent such children are civilian dependents of 
     employees of the Department of Defense or the Department of 
     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 to read as follows:
       ``(e) Hold Harmless.--The maximum amount that a local 
     educational agency is eligible to receive, as calculated 
     under paragraph (1)(C), (2)(C), or (2)(D) of subsection (b), 
     shall not be less than 90 percent of the calculated maximum 
     amount that was used to determine the local educational 
     agency's payment for subsection (b)(1) or (b)(2) in the 
     previous fiscal year for a period not to exceed 3 consecutive 
     fiscal years, if such agency meets the eligibility 
     requirements of paragraph (1)(B) or (2)(B) of subsection 
     (b).''.
       (f) Maintenance of Effort.--Section 8003 (20 U.S.C. 7703) 
     is amended by striking subsection (g).

     SEC. 404. POLICIES AND PROCEDURES RELATING TO CHILDREN 
                   RESIDING ON INDIAN LANDS.

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

     SEC. 405. 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. 406. 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

[[Page 2719]]

       (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 4003(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.''; and
       (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).

     SEC. 407. 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. 408. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE 
                   AID.

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

     SEC. 409. FEDERAL ADMINISTRATION.

       Section 8010(d)(2) (20 U.S.C. 7710(d)(2)) is amended, by 
     striking ``section 8014'' and inserting ``section 3(d)''.

     SEC. 410. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

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

     SEC. 411. 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.)''; and
       (4) in paragraph (8)(A), by striking ``and verified by'' 
     and inserting ``, and verified by,''.

     SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

       Section 8014 (20 U.S.C. 7801) is repealed.

     SEC. 413. CONFORMING AMENDMENTS.

       (a) Impact Aid Improvement Act of 2012.--Section 563(c) of 
     National Defense Authorization Act for Fiscal Year 2013 
     (Public Law 112-239; 126 Stat. 1748; 20 U.S.C. 6301 note) 
     (also known as the ``Impact Aid Improvement Act of 2012''), 
     as amended by section 563 of division A of Public Law 113-
     291, is amended--
       (1) by striking paragraphs (1) and (4); and
       (2) by redesignating paragraphs (2) and (3), as paragraphs 
     (1) and (2), respectively.
       (b) Repeals.--
       (1) Title iv.--Title IV (20 U.S.C. 7101 et seq.), as 
     amended by section 601(b)(2) of this Act, is repealed.
       (2) PL 113-76.--Section 309 of division H of the 
     Consolidated Appropriations Act, 2014 (Public Law 113-76; 20 
     U.S.C. 7702 note) is repealed.
       (c) Transfer and Redesignation.--Title VIII (20 U.S.C. 7701 
     et seq.), as amended by this title, is redesignated as title 
     IV (20 U.S.C. 7101 et seq.), and transferred and inserted 
     after title III (as amended by this Act).
       (d) Title VIII References.--The Act (20 U.S.C. 6301 et 
     seq.), as amended by this Act, is amended--
       (1) by redesignating sections 8001 through 8005 as sections 
     4001 through 4005, respectively;
       (2) by redesignating sections 8007 through 8013 as sections 
     4007 through 4013, respectively;
       (3) by striking ``section 8002'' each place it appears and 
     inserting ``section 4002'';
       (4) by striking ``section 8002(b)'' each place it appears 
     and inserting ``section 4002(b)'';
       (5) by striking ``section 8003'' each place it appears and 
     inserting ``section 4003'', respectively;
       (6) by striking ``section 8003(a)'' each place it appears 
     and inserting ``section 4003(a)'';
       (7) by striking ``section 8003(a)(1)'' each place it 
     appears and inserting ``section 4003(a)(1)'';
       (8) by striking ``section 8003(a)(1)(C)'' each place it 
     appears and inserting ``section 4003(a)(1)(C)'';
       (9) by striking ``section 8002(a)(2)'' each place it 
     appears and inserting ``section 4002(a)(2)'';
       (10) by striking ``section 8003(b)'' each place it appears 
     and inserting ``section 4003(b)'';
       (11) by striking ``section 8003(b)(1)'' each place it 
     appears and inserting ``section 4003(b)(1)'';
       (12) in section 4002(b)(1)(C) (as so redesignated), by 
     striking ``section 8003(b)(1)(C)'' and inserting ``section 
     4003(b)(1)(C)'';
       (13) in section 4002(k)(1) (as so redesignated), by 
     striking ``section 8013(5)(C)(iii)'' and inserting ``section 
     4013(5)(C)(iii)'';
       (14) in section 4005 (as so redesignated)--
       (A) in the section heading, by striking ``8002 and 8003'' 
     and inserting ``4002 and 4003'';
       (B) by striking ``or 8003'' each place it appears and 
     inserting ``or 4003'';
       (C) in subsection (b)(2), by striking ``section 8004'' and 
     inserting ``section 4004''; and
       (D) in subsection (d)(2), by striking ``section 8003(e)'' 
     and inserting ``section 4003(e)'';
       (15) in the second subclause (II) of section 
     4007(a)(3)(A)(i) (as so redesignated), by striking ``section 
     8008(a)'' and inserting ``section 4008(a)'';
       (16) in section 4007(a)(4) (as so redesignated), by 
     striking ``section 8013(3)'' and inserting ``section 
     4013(3)'';
       (17) in section 4009 (as so redesignated)--
       (A) in subsection (b)(1)--
       (i) by striking ``or 8003(b)'' and inserting ``or 
     4003(b)'';
       (ii) by striking ``section 8003(a)(2)(B)'' and inserting 
     ``section 4003(a)(2)(B)''; and
       (iii) by striking ``section 8003(b)(2)'' each place it 
     appears and inserting ``section 4003(b)(2)''; and
       (B) by striking ``section 8011(a)'' each place it appears 
     and inserting ``section 4011(a)''; and
       (18) in section 4010(c)(2)(D) (as so redesignated) by 
     striking ``section 8009(b)'' and inserting ``section 
     4009(b)''.

  TITLE V--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN 
          INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION

     SEC. 501. THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO 
                   AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE 
                   HAWAIIAN EDUCATION.

       Title V of the Act (20 U.S.C. 7201 et seq.) is amended to 
     read as follows:

 ``TITLE V--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN 
          INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION

                       ``PART A--INDIAN EDUCATION

     ``SEC. 5101. STATEMENT OF POLICY.

       ``It is the policy of the United States to fulfill the 
     Federal Government's unique and continuing trust relationship 
     with, and responsibility to, the Indian people for the 
     education of Indian children. The Federal Government will 
     continue to work with local educational agencies, Indian 
     tribes and organizations, postsecondary institutions, and 
     other entities toward the goal of ensuring that programs that 
     serve Indian children are of the highest quality and provide 
     for not only the basic elementary and secondary educational 
     needs, but also the unique educational and culturally related 
     academic needs of these children.

     ``SEC. 5102. PURPOSE.

       ``It is the purpose of this part to support the efforts of 
     local educational agencies, Indian tribes and organizations, 
     postsecondary institutions, and other entities--
       ``(1) to meet the unique educational and culturally related 
     academic needs of American Indian and Alaska Native students, 
     so that such students can meet State student academic 
     achievement standards;
       ``(2) to ensure that Indian and Alaskan Native students 
     gain knowledge and understanding of Native communities, 
     languages, tribal histories, traditions, and cultures; and
       ``(3) to ensure that school leaders, teachers, and other 
     staff who serve Indian and Alaska Native students have the 
     ability to provide culturally appropriate and effective 
     instruction to such students.

       ``Subpart 1--Formula Grants to Local Educational Agencies

     ``SEC. 5111. PURPOSE.

       ``It is the purpose of this subpart to support the efforts 
     of local educational agencies, Indian tribes and 
     organizations, and other entities to improve the academic 
     achievement of American Indian and Alaska Native students by 
     providing for their unique cultural, language, and 
     educational needs and ensuring that they are prepared to meet 
     State academic standards.

     ``SEC. 5112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.

       ``(a) In General.--In accordance with this section and 
     section 5113, the Secretary may make grants from allocations 
     made under section 5113, to--
       ``(1) local educational agencies;
       ``(2) Indian tribes;
       ``(3) Indian organizations; and
       ``(4) Alaska Native Organizations.
       ``(b) Local Educational Agencies.--
       ``(1) Enrollment requirements.--A local educational agency 
     shall be eligible for a grant under this subpart for any 
     fiscal year if the number of Indian children eligible under 
     section 5117 who were enrolled in the schools of the agency, 
     and to whom the agency provided free public education, during 
     the preceding fiscal year--
       ``(A) was at least 10; or
       ``(B) constituted not less than 25 percent of the total 
     number of individuals enrolled in the schools of such agency.
       ``(2) Exclusion.--The requirement of paragraph (1) shall 
     not apply in Alaska, California, or Oklahoma, or with respect 
     to any local educational agency located on, or in proximity 
     to, an Indian reservation.
       ``(c) Indian Tribes, Indian Organizations, Alaska Native 
     Organizations, and Consortia.--
       ``(1) In general.--If a local educational agency that is 
     otherwise eligible for a grant under

[[Page 2720]]

     this subpart does not establish a committee under section 
     5114(c)(5) for such grant, an Indian tribe, Indian 
     organization, Alaska Native Organization, or consortium of 
     such entities that represents not less than one-third of the 
     eligible Indian or Alaska Native children who are served by 
     such local educational agency may apply for such grant.
       ``(2) Special rule.--
       ``(A) In general.--The Secretary shall treat each Indian 
     tribe, Indian organization, Alaska Native Organization, or 
     consortium of such entities applying for a grant pursuant to 
     paragraph (1) as if such applicant were a local educational 
     agency for purposes of this subpart.
       ``(B) Exceptions.--Notwithstanding subparagraph (A), such 
     Indian tribe, Indian organization, Alaska Native 
     Organization, or consortium of such entities shall not be 
     subject to the requirements of section 5114(c)(5) or 5119.
       ``(3) Eligibility.--If more than 1 applicant qualifies to 
     apply for a grant under paragraph (1), the entity that 
     represents the most eligible Indian and Alaska Native 
     children who are served by the local educational agency shall 
     be eligible to receive the grant or the applicants may apply 
     in consortium and jointly operate a program.
       ``(d) Indian and Alaska Native Community-Based 
     Organizations.--
       ``(1) In general.--If no local educational agency pursuant 
     to subsection (b), and no Indian tribe, tribal organization, 
     Alaska Native Organization, or consortium pursuant to 
     subsection (c), applies for a grant under this subpart, 
     Indian and Alaska Native community-based organizations 
     serving the community of the local educational agency may 
     apply for the grant.
       ``(2) Applicability of special rule.--The Secretary shall 
     apply the special rule in subsection (c)(2) 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, Alaska Native 
     Organization, or consortium.
       ``(3) Definition of indian and alaska native community-
     based organizations.--In this subsection, the term `Indian 
     and Alaska Native community-based organizations' means any 
     organizations that--
       ``(A) are composed primarily of the family members of 
     Indian or Alaska Native students, Indian or Alaska Native 
     community members, tribal government education officials, and 
     tribal members from a specific community;
       ``(B) assist in the social, cultural, and educational 
     development of Indians or Alaska Natives in such community;
       ``(C) meet the unique cultural, language, and academic 
     needs of Indian or Alaska Native students; and
       ``(D) demonstrate organizational and administrative 
     capacity to effectively manage the grant.

     ``SEC. 5113. AMOUNT OF GRANTS.

       ``(a) Amount of Grant Awards.--
       ``(1) In general.--Except as provided in subsection (b) and 
     paragraph (2), the Secretary shall allocate to each local 
     educational agency that has an approved application under 
     this subpart an amount equal to the product of--
       ``(A) the number of Indian children who are eligible under 
     section 5117 and served by such agency; and
       ``(B) the greater of--
       ``(i) the average per pupil expenditure of the State in 
     which such agency is located; or
       ``(ii) 80 percent of the average per pupil expenditure of 
     all the States.
       ``(2) Reduction.--The Secretary shall reduce the amount of 
     each allocation otherwise determined under this section in 
     accordance with subsection (e).
       ``(b) Minimum Grant.--
       ``(1) In general.--Notwithstanding subsection (e), an 
     entity that is eligible for a grant under section 5112, and a 
     school that is operated or supported by the Bureau of Indian 
     Education that is eligible for a grant under subsection (d), 
     that submits an application that is approved by the 
     Secretary, shall, subject to appropriations, receive a grant 
     under this subpart in an amount that is not less than $3,000.
       ``(2) Consortia.--Local educational agencies may form a 
     consortium for the purpose of obtaining grants under this 
     subpart.
       ``(3) Increase.--The Secretary may increase the minimum 
     grant under paragraph (1) to not more than $4,000 for all 
     grantees if the Secretary determines such increase is 
     necessary to ensure the quality of the programs provided.
       ``(c) Definition.--For the purpose of this section, the 
     term `average per pupil expenditure', used with respect to a 
     State, means an amount equal to--
       ``(1) the sum of the aggregate current expenditures of all 
     the local educational agencies in the State, plus any direct 
     current expenditures by the State for the operation of such 
     agencies, without regard to the sources of funds from which 
     such local or State expenditures were made, during the second 
     fiscal year preceding the fiscal year for which the 
     computation is made; divided by
       ``(2) the aggregate number of children who were included in 
     average daily attendance for whom such agencies provided free 
     public education during such preceding fiscal year.
       ``(d) Schools Operated or Supported by the Bureau of Indian 
     Education.--
       ``(1) In general.--Subject to subsection (e), in addition 
     to the grants awarded under subsection (a), the Secretary 
     shall allocate to the Secretary of the Interior an amount 
     equal to the product of--
       ``(A) the total number of Indian children enrolled in 
     schools that are operated by--
       ``(i) the Bureau of Indian Education; or
       ``(ii) an Indian tribe, or an organization controlled or 
     sanctioned by an Indian tribal government, for the children 
     of that tribe under a contract with, or grant from, the 
     Department of the Interior under the Indian Self-
     Determination Act or the Tribally Controlled Schools Act of 
     1988; and
       ``(B) the greater of--
       ``(i) the average per pupil expenditure of the State in 
     which the school is located; or
       ``(ii) 80 percent of the average per pupil expenditure of 
     all the States.
       ``(2) Special rule.--Any school described in paragraph 
     (1)(A) that wishes to receive an allocation under this 
     subpart shall submit an application in accordance with 
     section 5114, and shall otherwise be treated as a local 
     educational agency for the purpose of this subpart, except 
     that such school shall not be subject to section 5114(c)(5) 
     or section 5119.
       ``(e) Ratable Reductions.--If the sums appropriated for any 
     fiscal year to carry out this subpart are insufficient to pay 
     in full the amounts determined for local educational agencies 
     under subsection (a)(1) and for the Secretary of the Interior 
     under subsection (d), each of those amounts shall be ratably 
     reduced.

     ``SEC. 5114. APPLICATIONS.

       ``(a) Application Required.--Each local educational agency 
     that desires to receive a grant under this subpart shall 
     submit an application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     reasonably require.
       ``(b) Comprehensive Program Required.--Each application 
     submitted under subsection (a) shall include a description of 
     a comprehensive program for meeting the needs of Indian and 
     Alaska Native children served by the local educational 
     agency, including the language and cultural needs of the 
     children, that--
       ``(1) describes how the comprehensive program will offer 
     programs and activities to meet the culturally related 
     academic needs of American Indian and Alaska Native students;
       ``(2)(A) is consistent with the State, tribal, and local 
     plans submitted under other provisions of this Act; and
       ``(B) includes academic content and student academic 
     achievement goals for such children, and benchmarks for 
     attaining such goals, that are based on State academic 
     content and student academic achievement standards adopted 
     under title I for all children;
       ``(3) explains how the local educational agency will use 
     the funds made available under this subpart to supplement 
     other Federal, State, and local programs that serve such 
     students;
       ``(4) demonstrates how funds made available under this 
     subpart will be used for activities described in section 
     5115;
       ``(5) describes the professional development opportunities 
     that will be provided, as needed, to ensure that--
       ``(A) teachers and other school professionals who are new 
     to the Indian or Alaska Native community are prepared to work 
     with Indian and Alaska Native children;
       ``(B) all teachers who will be involved in programs 
     assisted under this subpart have been properly trained to 
     carry out such programs; and
       ``(C) those family members of Indian and Alaska Native 
     children and representatives of tribes who are on the 
     committee described in (c)(5) will participate in the 
     planning of professional development materials;
       ``(6) describes how the local educational agency--
       ``(A) will periodically assess the progress of all Indian 
     children enrolled in the schools of the local educational 
     agency, including Indian children who do not participate in 
     programs assisted under this subpart, in meeting the goals 
     described in paragraph (2);
       ``(B) will provide the results of each assessment referred 
     to in subparagraph (A) to--
       ``(i) the committee described in subsection (c)(5);
       ``(ii) the community served by the local educational 
     agency; and
       ``(iii) the tribes whose children are served by the local 
     educational agency; and
       ``(C) is responding to findings of any previous assessments 
     that are similar to the assessments described in subparagraph 
     (A); and
       ``(7) explicitly delineates--
       ``(A) a formal, collaborative process that the local 
     educational agency used to directly involve tribes, Indian 
     organizations, or Alaska Native Organizations in the 
     development of the comprehensive programs and the results of 
     such process; and
       ``(B) how the local educational agency plans to ensure that 
     tribes, Indian organizations, or Alaska Native Organizations 
     will play an active, meaningful, and ongoing role in the 
     functioning of the comprehensive programs.
       ``(c) Assurances.--Each application submitted under 
     subsection (a) shall include assurances that--
       ``(1) the local educational agency will use funds received 
     under this subpart only to supplement the funds that, in the 
     absence of the Federal funds made available under this 
     subpart, such agency would make available for services 
     described in this subsection, and not to supplant such funds;
       ``(2) the local educational agency will use funds received 
     under this subpart only for activities described and 
     authorized under this subpart;
       ``(3) the local educational agency will prepare and submit 
     to the Secretary such reports, in such form and containing 
     such information, as the Secretary may require to--

[[Page 2721]]

       ``(A) carry out the functions of the Secretary under this 
     subpart;
       ``(B) determine the extent to which activities carried out 
     with funds provided to the local educational agency under 
     this subpart are effective in improving the educational 
     achievement of Indian and Alaska Native students served by 
     such agency; and
       ``(C) determine the extent to which such activities address 
     the unique cultural, language, and educational needs of 
     Indian students;
       ``(4) the program for which assistance is sought--
       ``(A) is based on a comprehensive local assessment and 
     prioritization of the unique educational and culturally 
     related academic needs of the American Indian and Alaska 
     Native students for whom the local educational agency is 
     providing an education;
       ``(B) will use the best available talents and resources, 
     including individuals from the Indian or Alaska Native 
     community; and
       ``(C) was developed by such agency in open consultation 
     with the families of Indian or Alaska Native children, Indian 
     or Alaska Native teachers, Indian or Alaska Native students 
     from secondary schools, and representatives of tribes, Indian 
     organizations, or Alaska Native Organizations in the 
     community including through public hearings held by such 
     agency to provide to the individuals described in this 
     subparagraph a full opportunity to understand the program and 
     to offer recommendations regarding the program;
       ``(5) the local educational agency developed the program 
     with the participation and written approval of a committee--
       ``(A) that is composed of, and selected by--
       ``(i) family members of Indian and Alaska Native children 
     that are attending the local educational agency's schools;
       ``(ii) teachers in the schools; and
       ``(iii) Indian and Alaska Native students attending 
     secondary schools of the agency;
       ``(B) a majority of whose members are family members of 
     Indian and Alaska Native children that are attending the 
     local educational agency's schools;
       ``(C) that has set forth such policies and procedures, 
     including policies and procedures relating to the hiring of 
     personnel, as will ensure that the program for which 
     assistance is sought will be operated and evaluated in 
     consultation with, and with the involvement of, parents of 
     the children, and representatives of the area, to be served;
       ``(D) with respect to an application describing a 
     schoolwide program in accordance with section 5115(c), that 
     has--
       ``(i) reviewed in a timely fashion the program;
       ``(ii) determined that the program will not diminish the 
     availability of culturally related activities for American 
     Indian and Alaska Native students; and
       ``(iii) will directly enhance the educational experience of 
     American Indian and Alaska Native students; and
       ``(E) that has adopted reasonable bylaws for the conduct of 
     the activities of the committee and abides by such bylaws; 
     and
       ``(6) the local educational agency conducted adequate 
     outreach to family members to meet the requirements under 
     subsection (c)(5).

     ``SEC. 5115. AUTHORIZED SERVICES AND ACTIVITIES.

       ``(a) General Requirements.--Each local educational agency 
     that receives a grant under this subpart shall use the grant 
     funds, in a manner consistent with the purpose specified in 
     section 5111, for services and activities that--
       ``(1) are designed to carry out the comprehensive program 
     of the local educational agency for Indian students, and 
     described in the application of the local educational agency 
     submitted to the Secretary under section 5114(a) solely for 
     the services and activities described in such application;
       ``(2) are designed with special regard for the language and 
     cultural needs of the Indian students; and
       ``(3) supplement and enrich the regular school program of 
     such agency.
       ``(b) Particular Activities.--The services and activities 
     referred to in subsection (a) may include--
       ``(1) activities that support Native American language 
     immersion programs and Native American language restoration 
     programs, which may be taught by traditional leaders;
       ``(2) culturally related activities that support the 
     program described in the application submitted by the local 
     educational agency;
       ``(3) early childhood and family programs that emphasize 
     school readiness;
       ``(4) enrichment programs that focus on problem solving and 
     cognitive skills development and directly support the 
     attainment of challenging State academic content and student 
     academic achievement standards;
       ``(5) integrated educational services in combination with 
     other programs including programs that enhance student 
     achievement by promoting increased involvement of parents and 
     families in school activities;
       ``(6) career preparation activities to enable Indian 
     students to participate in programs such as the programs 
     supported by the Carl D. Perkins Career and Technical 
     Education Improvement Act of 2006, including programs for 
     tech-prep education, mentoring, and apprenticeship;
       ``(7) activities to educate individuals so as to prevent 
     violence, suicide, and substance abuse;
       ``(8) the acquisition of equipment, but only if the 
     acquisition of the equipment is essential to achieve the 
     purpose described in section 5111;
       ``(9) activities that promote the incorporation of 
     culturally responsive teaching and learning strategies into 
     the educational program of the local educational agency;
       ``(10) activities that incorporate culturally and 
     linguistically relevant curriculum content into classroom 
     instruction that is responsive to the unique learning styles 
     of Indian and Alaska Native children and ensures that 
     children are better able to meet State standards;
       ``(11) family literacy services;
       ``(12) activities that recognize and support the unique 
     cultural and educational needs of Indian children, and 
     incorporate appropriately qualified tribal elders and 
     seniors;
       ``(13) dropout prevention strategies for Indian and Alaska 
     Native students; and
       ``(14) strategies to meet the educational needs of at-risk 
     Indian students in correctional facilities, including such 
     strategies that support Indian and Alaska Native students who 
     are transitioning from such facilities to schools served by 
     local educational agencies.
       ``(c) Schoolwide Programs.--Notwithstanding any other 
     provision of law, a local educational agency may use funds 
     made available to such agency under this subpart to support a 
     schoolwide program under section 1114 if--
       ``(1) the committee established pursuant to section 
     5114(c)(5) approves the use of the funds for the schoolwide 
     program;
       ``(2) the schoolwide program is consistent with the purpose 
     described in section 5111; and
       ``(3) the local educational agency identifies in its 
     application how the use of such funds in a schoolwide program 
     will produce benefits to the American Indian and Alaska 
     Native students that would not be achieved if the funds were 
     not used in a schoolwide program.
       ``(d) Limitation on Administrative Costs.--Not more than 5 
     percent of the funds provided to a grantee under this subpart 
     for any fiscal year may be used for administrative purposes.
       ``(e) Limitation on the Use of Funds.--Funds provided to a 
     grantee under this subpart may not be used for long-distance 
     travel expenses for training activities available locally or 
     regionally.

     ``SEC. 5116. INTEGRATION OF SERVICES AUTHORIZED.

       ``(a) Plan.--An entity receiving funds under this subpart 
     may submit a plan to the Secretary for the integration of 
     education and related services provided to Indian students.
       ``(b) Consolidation of Programs.--Upon the receipt of an 
     acceptable plan under subsection (a), the Secretary, in 
     cooperation with each Federal agency providing grants for the 
     provision of education and related services to the entity, 
     shall authorize the entity to consolidate, in accordance with 
     such plan, the federally funded education and related 
     services programs of the entity and the Federal programs, or 
     portions of the programs, serving Indian students in a manner 
     that integrates the program services involved into a single, 
     coordinated, comprehensive program and reduces administrative 
     costs by consolidating administrative functions.
       ``(c) Programs Affected.--The funds that may be 
     consolidated in a demonstration project under any such plan 
     referred to in subsection (a) shall include funds for any 
     Federal program exclusively serving Indian children, or the 
     funds reserved under any Federal program to exclusively serve 
     Indian children, under which the entity is eligible for 
     receipt of funds under a statutory or administrative formula 
     for the purposes of providing education and related services 
     that would be used to serve Indian students.
       ``(d) Plan Requirements.--For a plan to be acceptable 
     pursuant to subsection (b), the plan shall--
       ``(1) identify the programs or funding sources to be 
     consolidated;
       ``(2) be consistent with the objectives of this section 
     concerning authorizing the services to be integrated in a 
     demonstration project;
       ``(3) describe a comprehensive strategy that identifies the 
     full range of potential educational opportunities and related 
     services to be provided to assist Indian students to achieve 
     the objectives set forth in this subpart;
       ``(4) describe the way in which services are to be 
     integrated and delivered and the results expected from the 
     plan;
       ``(5) identify the projected expenditures under the plan in 
     a single budget;
       ``(6) identify the State, tribal, or local agency or 
     agencies to be involved in the delivery of the services 
     integrated under the plan;
       ``(7) identify any statutory provisions, regulations, 
     policies, or procedures that the entity believes need to be 
     waived in order to implement the plan;
       ``(8) set forth measures for academic content and student 
     academic achievement goals designed to be met within a 
     specific period of time; and
       ``(9) be approved by a committee formed in accordance with 
     section 5114(c)(5), if such a committee exists.
       ``(e) Plan Review.--Upon receipt of the plan from an 
     eligible entity, the Secretary shall consult with the 
     Secretary of each Federal department providing funds to be 
     used to implement the plan, and with the entity submitting 
     the plan. The parties so consulting shall identify any 
     waivers of statutory requirements or of Federal departmental 
     regulations, policies, or procedures necessary to enable the 
     entity to implement the plan. Notwithstanding any other 
     provision of law, the Secretary of the affected department 
     shall have the authority to waive any regulation, policy, or 
     procedure promulgated by that department that has been so 
     identified by the entity or department, unless the Secretary 
     of

[[Page 2722]]

     the affected department determines that such a waiver is 
     inconsistent with the objectives of this subpart or those 
     provisions of the statute from which the program involved 
     derives authority that are specifically applicable to Indian 
     students.
       ``(f) Plan Approval.--Within 90 days after the receipt of 
     an entity's plan by the Secretary, the Secretary shall inform 
     the entity, in writing, of the Secretary's approval or 
     disapproval of the plan. If the plan is disapproved, the 
     entity shall be informed, in writing, of the reasons for the 
     disapproval and shall be given an opportunity to amend the 
     plan or to petition the Secretary to reconsider such 
     disapproval.
       ``(g) Responsibilities of Department of Education.--Not 
     later than 180 days after the date of the enactment of the 
     Student Success Act, the Secretary of Education, the 
     Secretary of the Interior, the Secretary of the Department of 
     Health and Human Services, and the head of any other Federal 
     department or agency identified by the Secretary of 
     Education, shall enter into an interdepartmental memorandum 
     of agreement providing for the implementation and 
     coordination of the demonstration projects authorized under 
     this section. The lead agency head for a demonstration 
     project under this section shall be--
       ``(1) the Secretary of the Interior, in the case of an 
     entity meeting the definition of a contract or grant school 
     under title XI of the Education Amendments of 1978; or
       ``(2) the Secretary of Education, in the case of any other 
     entity.
       ``(h) Responsibilities of Lead Agency.--The 
     responsibilities of the lead agency shall include--
       ``(1) the use of a single report format related to the plan 
     for the individual project, which shall be used by an 
     eligible entity to report on the activities undertaken under 
     the project;
       ``(2) the use of a single report format related to the 
     projected expenditures for the individual project which shall 
     be used by an eligible entity to report on all project 
     expenditures;
       ``(3) the development of a single system of Federal 
     oversight for the project, which shall be implemented by the 
     lead agency; and
       ``(4) the provision of technical assistance to an eligible 
     entity appropriate to the project, except that an eligible 
     entity shall have the authority to accept or reject the plan 
     for providing such technical assistance and the technical 
     assistance provider.
       ``(i) Report Requirements.--A single report format shall be 
     developed by the Secretary, consistent with the requirements 
     of this section. Such report format shall require that 
     reports described in subsection (h), together with records 
     maintained on the consolidated program at the local level, 
     shall contain such information as will allow a determination 
     that the eligible entity has complied with the requirements 
     incorporated in its approved plan, including making a 
     demonstration of student academic achievement, and will 
     provide assurances to each Secretary that the eligible entity 
     has complied with all directly applicable statutory 
     requirements and with those directly applicable regulatory 
     requirements that have not been waived.
       ``(j) No Reduction in Amounts.--In no case shall the amount 
     of Federal funds available to an eligible entity involved in 
     any demonstration project be reduced as a result of the 
     enactment of this section.
       ``(k) Interagency Fund Transfers Authorized.--The Secretary 
     is authorized to take such action as may be necessary to 
     provide for an interagency transfer of funds otherwise 
     available to an eligible entity in order to further the 
     objectives of this section.
       ``(l) Administration of Funds.--
       ``(1) In general.--Program funds for the consolidated 
     programs shall be administered in such a manner as to allow 
     for a determination that funds from a specific program are 
     spent on allowable activities authorized under such program, 
     except that the eligible entity shall determine the 
     proportion of the funds granted that shall be allocated to 
     such program.
       ``(2) Separate records not required.--Nothing in this 
     section shall be construed as requiring the eligible entity 
     to maintain separate records tracing any services or 
     activities conducted under the approved plan to the 
     individual programs under which funds were authorized for the 
     services or activities, nor shall the eligible entity be 
     required to allocate expenditures among such individual 
     programs.
       ``(m) Overage.--The eligible entity may commingle all 
     administrative funds from the consolidated programs and shall 
     be entitled to the full amount of such funds (under each 
     program's or agency's regulations). The overage (defined as 
     the difference between the amount of the commingled funds and 
     the actual administrative cost of the programs) shall be 
     considered to be properly spent for Federal audit purposes, 
     if the overage is used for the purposes provided for under 
     this section.
       ``(n) Fiscal Accountability.--Nothing in this part shall be 
     construed so as to interfere with the ability of the 
     Secretary or the lead agency to fulfill the responsibilities 
     for the safeguarding of Federal funds pursuant to chapter 75 
     of title 31, United States Code.
       ``(o) Report on Statutory Obstacles to Program 
     Integration.--
       ``(1) Preliminary report.--Not later than 2 years after the 
     date of the enactment of the Student Success Act, the 
     Secretary of Education shall submit a preliminary report to 
     the Committee on Education and the Workforce and the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Health, Education, 
     Labor, and Pensions and the Committee on Indian Affairs of 
     the Senate on the status of the implementation of the 
     demonstration projects authorized under this section.
       ``(2) Final report.--Not later than 5 years after the date 
     of the enactment of the Student Success Act, the Secretary of 
     Education shall submit a report to the Committee on Education 
     and the Workforce and the Committee on Natural Resources of 
     the House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions and the Committee on Indian 
     Affairs of the Senate on the results of the implementation of 
     the demonstration projects authorized under this section. 
     Such report shall identify statutory barriers to the ability 
     of participants to integrate more effectively their education 
     and related services to Indian students in a manner 
     consistent with the objectives of this section.
       ``(p) Definitions.--For the purposes of this section, the 
     term `Secretary' means--
       ``(1) the Secretary of the Interior, in the case of an 
     entity meeting the definition of a contract or grant school 
     under title XI of the Education Amendments of 1978; or
       ``(2) the Secretary of Education, in the case of any other 
     entity.

     ``SEC. 5117. STUDENT ELIGIBILITY FORMS.

       ``(a) In General.--The Secretary shall require that, as 
     part of an application for a grant under this subpart, each 
     applicant shall maintain a file, with respect to each Indian 
     child for whom the local educational agency provides a free 
     public education, that contains a form that sets forth 
     information establishing the status of the child as an Indian 
     child eligible for assistance under this subpart, and that 
     otherwise meets the requirements of subsection (b).
       ``(b) Forms.--The form described in subsection (a) shall 
     include--
       ``(1) either--
       ``(A)(i) the name of the tribe or band of Indians (as 
     defined in section 5151) with respect to which the child 
     claims membership;
       ``(ii) the enrollment or membership number establishing the 
     membership of the child (if readily available); and
       ``(iii) the name and address of the organization that 
     maintains updated and accurate membership data for such tribe 
     or band of Indians; or
       ``(B) the name, the enrollment or membership number (if 
     readily available), and the name and address of the 
     organization responsible for maintaining updated and accurate 
     membership data, of any parent or grandparent of the child 
     from whom the child claims eligibility under this subpart, if 
     the child is not a member of the tribe or band of Indians (as 
     so defined);
       ``(2) a statement of whether the tribe or band of Indians 
     (as so defined), with respect to which the child, or parent 
     or grandparent of the child, claims membership, is federally 
     recognized;
       ``(3) the name and address of the parent or legal guardian 
     of the child;
       ``(4) a signature of the parent or legal guardian of the 
     child that verifies the accuracy of the information supplied;
       ``(5) any other information that the Secretary considers 
     necessary to provide an accurate program profile; and
       ``(6) all individual data collected will be protected by 
     the local educational agencies and only aggregated data will 
     be reported to the Secretary.
       ``(c) Statutory Construction.--Nothing in this section 
     shall be construed to affect a definition contained in 
     section 5151.
       ``(d) Documentation and Types of Proof.--
       ``(1) Types of proof.--For purposes of determining whether 
     a child is eligible to be counted for the purpose of 
     computing the amount of a grant award under section 5113, the 
     membership of the child, or any parent or grandparent of the 
     child, in a tribe or band of Indians (as so defined) may be 
     established by proof other than an enrollment number, 
     notwithstanding the availability of an enrollment number for 
     a member of such tribe or band. Nothing in subsection (b) 
     shall be construed to require the furnishing of an enrollment 
     number.
       ``(2) No new or duplicative determinations.--Once a child 
     is determined to be an Indian eligible to be counted for such 
     grant award, the local education 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 the 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 the 
     enactment of such Act, shall remain valid for such Indian 
     student.
       ``(e) Monitoring and Evaluation Review.--
       ``(1) In general.--
       ``(A) Review.--For each fiscal year, in order to provide 
     such information as is necessary to carry out the 
     responsibility of the Secretary to provide technical 
     assistance under this subpart, the Secretary shall conduct a 
     monitoring and evaluation review of a sampling of the 
     recipients of grants under this subpart. The sampling 
     conducted under this subparagraph shall take into account the 
     size of and the geographic location of each local educational 
     agency.
       ``(B) Exception.--A local educational agency may not be 
     held liable to the United States or be subject to any 
     penalty, by reason of the findings of an audit that relates 
     to the date of completion, or the date of submission, of any 
     forms used to establish, before April 28, 1988, the 
     eligibility of a child for an entitlement under the Indian 
     Elementary and Secondary School Assistance Act.

[[Page 2723]]

       ``(2) False information.--Any local educational agency that 
     provides false information in an application for a grant 
     under this subpart shall--
       ``(A) be ineligible to apply for any other grant under this 
     subpart; and
       ``(B) be liable to the United States for any funds from the 
     grant that have not been expended.
       ``(3) Excluded children.--A student who provides false 
     information for the form required under subsection (a) shall 
     not be counted for the purpose of computing the amount of a 
     grant under section 5113.
       ``(f) Tribal Grant and Contract Schools.--Notwithstanding 
     any other provision of this section, in calculating the 
     amount of a grant under this subpart to a tribal school that 
     receives a grant or contract from the Bureau of Indian 
     Education, the Secretary shall use only one of the following, 
     as selected by the school:
       ``(1) A count of the number of students in the schools 
     certified by the Bureau.
       ``(2) A count of the number of students for whom the school 
     has eligibility forms that comply with this section.
       ``(g) Timing of Child Counts.--For purposes of determining 
     the number of children to be counted in calculating the 
     amount of a local educational agency's grant under this 
     subpart (other than in the case described in subsection 
     (f)(1)), the local educational agency shall--
       ``(1) establish a date on, or a period not longer than 31 
     consecutive days during, which the agency counts those 
     children, if that date or period occurs before the deadline 
     established by the Secretary for submitting an application 
     under section 5114; and
       ``(2) determine that each such child was enrolled, and 
     receiving a free public education, in a school of the agency 
     on that date or during that period, as the case may be.

     ``SEC. 5118. PAYMENTS.

       ``(a) In General.--Subject to subsection (b), the Secretary 
     shall pay to each local educational agency that submits an 
     application that is approved by the Secretary under this 
     subpart the amount determined under section 5113. The 
     Secretary shall notify the local educational agency of the 
     amount of the payment not later than June 1 of the year for 
     which the Secretary makes the payment.
       ``(b) Payments Taken Into Account by the State.--The 
     Secretary may not make a grant under this subpart to a local 
     educational agency for a fiscal year if, for such fiscal 
     year, the State in which the local educational agency is 
     located takes into consideration payments made under this 
     chapter in determining the eligibility of the local 
     educational agency for State aid, or the amount of the State 
     aid, with respect to the free public education of children 
     during such fiscal year or the preceding fiscal year.
       ``(c) Reallocations.--The Secretary may reallocate, in a 
     manner that the Secretary determines will best carry out the 
     purpose of this subpart, any amounts that--
       ``(1) based on estimates made by local educational agencies 
     or other information, the Secretary determines will not be 
     needed by such agencies to carry out approved programs under 
     this subpart; or
       ``(2) otherwise become available for reallocation under 
     this subpart.

     ``SEC. 5119. STATE EDUCATIONAL AGENCY REVIEW.

       ``Before submitting an application to the Secretary under 
     section 5114, a local educational agency shall submit the 
     application to the State educational agency, which may 
     comment on such application. If the State educational agency 
     comments on the application, the agency shall comment on all 
     applications submitted by local educational agencies in the 
     State and shall provide those comments to the respective 
     local educational agencies, with an opportunity to respond.

   ``Subpart 2--Special Programs and Projects To Improve Educational 
              Opportunities for Indian Children and Youth

     ``SEC. 5121. SPECIAL PROGRAMS AND PROJECTS TO IMPROVE 
                   EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN 
                   AND YOUTH.

       ``(a) Purpose.--
       ``(1) In general.--It is the purpose of this section to 
     support projects to develop, test, and demonstrate the 
     effectiveness of services and programs to improve educational 
     opportunities and achievement of Indian children and youth.
       ``(2) Coordination.--The Secretary shall take the necessary 
     actions to achieve the coordination of activities assisted 
     under this subpart with--
       ``(A) other programs funded under this Act; and
       ``(B) other Federal programs operated for the benefit of 
     American Indian and Alaska Native children and youth.
       ``(b) Eligible Entities.--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), Alaska Native Organization, 
     or a consortium of such entities.
       ``(c) Grants Authorized.--
       ``(1) In general.--The Secretary shall award grants to 
     eligible entities to enable such entities to carry out 
     activities that meet the purpose of this section, including--
       ``(A) innovative programs related to the educational needs 
     of educationally disadvantaged children and youth;
       ``(B) educational services that are not available to such 
     children and youth in sufficient quantity or quality, 
     including remedial instruction, to raise the achievement of 
     Indian and Alaska Native children in one or more of the 
     subjects of English, mathematics, science, foreign languages, 
     art, history, and geography;
       ``(C) bilingual and bicultural programs and projects;
       ``(D) special health and nutrition services, and other 
     related activities, that address the special health, social, 
     emotional, and psychological problems of Indian children;
       ``(E) special compensatory and other programs and projects 
     designed to assist and encourage Indian children to enter, 
     remain in, or reenter school, and to increase the rate of 
     high school graduation for Indian children;
       ``(F) comprehensive guidance, counseling, and testing 
     services;
       ``(G) high quality early childhood education programs that 
     are effective in preparing young children to make sufficient 
     academic growth by the end of grade 3, including kindergarten 
     and pre-kindergarten programs, family-based preschool 
     programs that emphasize school readiness, screening and 
     referral, and the provision of services to Indian children 
     and youth with disabilities;
       ``(H) partnership projects between local educational 
     agencies and institutions of higher education that allow 
     secondary school students to enroll in courses at the 
     postsecondary level to aid such students in the transition 
     from secondary to postsecondary education;
       ``(I) partnership projects between schools and local 
     businesses for career preparation programs designed to 
     provide Indian youth with the knowledge and skills such youth 
     need to make an effective transition from school to a high-
     skill, high-wage career;
       ``(J) programs designed to encourage and assist Indian 
     students to work toward, and gain entrance into, an 
     institution of higher education;
       ``(K) family literacy services;
       ``(L) activities that recognize and support the unique 
     cultural and educational needs of Indian children, and 
     incorporate appropriately qualified tribal elders and 
     seniors;
       ``(M) high quality professional development of teaching 
     professionals and paraprofessionals; or
       ``(N) other services that meet the purpose described in 
     this section.
       ``(d) Grant Requirements and Applications.--
       ``(1) Grant requirements.--
       ``(A) In general.--The Secretary may make multiyear grants 
     under subsection (c) for the planning, development, pilot 
     operation, or demonstration of any activity described in 
     subsection (c) for a period not to exceed 5 years.
       ``(B) Priority.--In making multiyear grants described in 
     this paragraph, the Secretary shall give priority to entities 
     submitting applications that present a plan for combining two 
     or more of the activities described in subsection (c) over a 
     period of more than 1 year.
       ``(C) Progress.--The Secretary shall make a grant payment 
     for a grant described in this paragraph to an eligible entity 
     after the initial year of the multiyear grant only if the 
     Secretary determines that the eligible entity has made 
     substantial progress in carrying out the activities assisted 
     under the grant in accordance with the application submitted 
     under paragraph (3) and any subsequent modifications to such 
     application.
       ``(2) Dissemination grants.--
       ``(A) In general.--In addition to awarding the multiyear 
     grants described in paragraph (1), the Secretary may award 
     grants under subsection (c) to eligible entities for the 
     dissemination of exemplary materials or programs assisted 
     under this section.
       ``(B) Determination.--The Secretary may award a 
     dissemination grant described in this paragraph if, prior to 
     awarding the grant, the Secretary determines that the 
     material or program to be disseminated--
       ``(i) has been adequately reviewed;
       ``(ii) has demonstrated educational merit; and
       ``(iii) can be replicated.
       ``(3) Application.--
       ``(A) In general.--Any eligible entity that desires to 
     receive a grant under this section shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary may reasonably require.
       ``(B) Contents.--Each application submitted to the 
     Secretary under subparagraph (A), other than an application 
     for a dissemination grant under paragraph (2), shall 
     contain--
       ``(i) a description of how parents of Indian children and 
     representatives of Indian tribes have been, and will be, 
     involved in developing and implementing the activities for 
     which assistance is sought;
       ``(ii) assurances that the applicant will participate, at 
     the request of the Secretary, in any national evaluation of 
     activities assisted under this section;
       ``(iii) information demonstrating that the proposed program 
     for the activities is a scientifically based research 
     program, where applicable, which may include a program that 
     has been modified to be culturally appropriate for students 
     who will be served;
       ``(iv) a description of how the applicant will incorporate 
     the proposed activities into the ongoing school program 
     involved once the grant period is over; and
       ``(v) such other assurances and information as the 
     Secretary may reasonably require.
       ``(e) Administrative Costs.--Not more than 5 percent of the 
     funds provided to a grantee under this subpart for any fiscal 
     year may be used for administrative purposes.

[[Page 2724]]



     ``SEC. 5122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND 
                   EDUCATION PROFESSIONALS.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to increase the number of qualified Indian and Alaska 
     Native teachers and administrators serving Indian and Alaska 
     Native students;
       ``(2) to provide training to qualified Indian and Alaska 
     Native individuals to become educators and education support 
     service professionals; and
       ``(3) to improve the skills of qualified Indian individuals 
     who serve in the capacities described in paragraph (2).
       ``(b) Eligible Entities.--For the purpose of this section, 
     the term `eligible entity' means--
       ``(1) an institution of higher education, including an 
     Indian institution of higher education;
       ``(2) a State educational agency or local educational 
     agency, in consortium with an institution of higher 
     education;
       ``(3) an Indian tribe or organization, in consortium with 
     an institution of higher education; and
       ``(4) a Bureau-funded school (as defined in section 1146 of 
     the Education Amendments of 1978).
       ``(c) Program Authorized.--The Secretary is authorized to 
     award grants to eligible entities having applications 
     approved under this section to enable those entities to carry 
     out the activities described in subsection (d).
       ``(d) Authorized Activities.--
       ``(1) In general.--Grant funds under this section shall be 
     used for activities to provide support and training for 
     Indian individuals in a manner consistent with the purposes 
     of this section. Such activities may include continuing 
     programs, symposia, workshops, conferences, and direct 
     financial support, and may include programs designed to train 
     tribal elders and seniors.
       ``(2) Special rules.--
       ``(A) Type of training.--For education personnel, the 
     training received pursuant to a grant under this section may 
     be inservice or preservice training.
       ``(B) Program.--For individuals who are being trained to 
     enter any field other than teaching, the training received 
     pursuant to a grant under this section shall be in a program 
     that results in a graduate degree.
       ``(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.
       ``(f) Special Rule.--In awarding grants under this section, 
     the Secretary--
       ``(1) shall consider the prior performance of the eligible 
     entity; and
       ``(2) may not limit eligibility to receive a grant under 
     this section on the basis of--
       ``(A) the number of previous grants the Secretary has 
     awarded such entity; or
       ``(B) the length of any period during which such entity 
     received such grants.
       ``(g) Grant Period.--Each grant under this section shall be 
     awarded for a period of not more than 5 years.
       ``(h) Service Obligation.--
       ``(1) In general.--The Secretary shall require, by 
     regulation, that an individual who receives training pursuant 
     to a grant made under this section--
       ``(A) perform work--
       ``(i) related to the training received under this section; 
     and
       ``(ii) that benefits Indian people; or
       ``(B) repay all or a prorated part of the assistance 
     received.
       ``(2) Reporting.--The Secretary shall establish, by 
     regulation, a reporting procedure under which a grant 
     recipient under this section shall, not later than 12 months 
     after the date of completion of the training, and 
     periodically thereafter, provide information concerning 
     compliance with the work requirement under paragraph (1).

     ``SEC. 5123. TRIBAL EDUCATION AGENCIES COOPERATIVE 
                   AGREEMENTS.

       ``(a) Purpose.--Tribes may enter into written cooperative 
     agreements with the State educational agency and the local 
     educational agencies operating a school or schools within 
     Indian lands. For purposes of this section, the term `Indian 
     land' has the meaning given that term in section 8013.
       ``(b) Cooperative Agreement.--If requested by the Indian 
     tribe, the State educational agency or the local educational 
     agency may enter into a cooperative agreement with the Indian 
     tribe. Such cooperative agreement--
       ``(1) may authorize the tribe or such tribe's respective 
     tribal education agency to plan, conduct, consolidate, and 
     administer programs, services, functions, and activities, or 
     portions thereof, administered by the State educational 
     agency or the local educational agency;
       ``(2) may authorize the tribe or such tribe's respective 
     tribal education agency to reallocate funds for such 
     programs, services, functions, and activities, or portions 
     thereof as necessary; and
       ``(3) shall--
       ``(A) only confer the tribe or such tribe's respective 
     tribal education agency with responsibilities to conduct 
     activities described in paragraph (1) such that the burden 
     assumed by the tribe or the tribal education agency for 
     conducting such is commensurate with the benefit that doing 
     so conveys to all parties of the agreement; and
       ``(B) be based solely on terms of the written agreement 
     decided upon by the Indian tribe and the State educational 
     agency or local education agency.
       ``(c) Disagreement.--Agreements shall only be valid if the 
     Indian tribe and State educational agency or local 
     educational agency agree fully in writing to all of the terms 
     of the written cooperative agreement.
       ``(d) Compliance With Applicable Law.--Nothing in this 
     section shall be construed to relieve any party to a 
     cooperative agreement from complying with all applicable 
     Federal, State, local laws. State and local educational 
     agencies are still the ultimate responsible, liable parties 
     for complying with all laws and funding requirements for any 
     functions that are conveyed to tribes and tribal education 
     agencies through the cooperative agreements.
       ``(e) Definition.--For the purposes of this subpart, the 
     term `Indian Tribe' means any tribe or band that is 
     officially recognized by the Secretary of the Interior.

                    ``Subpart 3--National Activities

     ``SEC. 5131. NATIONAL RESEARCH ACTIVITIES.

       ``(a) Authorized Activities.--The Secretary may use funds 
     made available to carry out this subpart for each fiscal year 
     to--
       ``(1) conduct research related to effective approaches for 
     improving the academic achievement and development of Indian 
     and Alaska Native children and adults;
       ``(2) collect and analyze data on the educational status 
     and needs of Indian and Alaska Native students; and
       ``(3) carry out other activities that are consistent with 
     the purpose of this part.
       ``(b) Eligibility.--The Secretary may carry out any of the 
     activities described in subsection (a) directly or through 
     grants to, or contracts or cooperative agreements with, 
     Indian tribes, Indian organizations, State educational 
     agencies, local educational agencies, institutions of higher 
     education, including Indian institutions of higher education, 
     and other public and private agencies and institutions.
       ``(c) Coordination.--Research activities supported under 
     this section--
       ``(1) shall be coordinated with appropriate offices within 
     the Department; and
       ``(2) may include collaborative research activities that 
     are jointly funded and carried out by the Office of Indian 
     Education Programs, the Office of Educational Research and 
     Improvement, the Bureau of Indian Education, and the 
     Institute of Education Sciences.

     ``SEC. 5132. 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.

[[Page 2725]]

       ``(e) Grant Duration.--The Secretary shall make grants 
     under this section only on a multi-year basis. Each such 
     grant shall be for a period not to exceed 5 years.
       ``(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. 5133. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE 
                   PLANNING AND DEVELOPMENT.

       ``(a) In General.--The Secretary may make grants to Indian 
     tribes, and tribal organizations approved by Indian tribes, 
     to plan and develop a centralized tribal administrative 
     entity to--
       ``(1) coordinate all education programs operated by the 
     tribe or within the territorial jurisdiction of the tribe;
       ``(2) develop education codes for schools within the 
     territorial jurisdiction of the tribe;
       ``(3) provide support services and technical assistance to 
     schools serving children of the tribe; and
       ``(4) perform child-find screening services for the 
     preschool-aged children of the tribe to--
       ``(A) ensure placement in appropriate educational 
     facilities; and
       ``(B) coordinate the provision of any needed special 
     services for conditions such as disabilities and English 
     language skill deficiencies.
       ``(b) Period of Grant.--Each grant awarded under this 
     section may be awarded for a period of not more than 3 years. 
     Such grant may be renewed upon the termination of the initial 
     period of the grant if the grant recipient demonstrates to 
     the satisfaction of the Secretary that renewing the grant for 
     an additional 3-year period is necessary to carry out the 
     objectives of the grant described in subsection (c)(2)(A).
       ``(c) Application for Grant.--
       ``(1) In general.--Each Indian tribe and tribal 
     organization desiring a grant under this section shall submit 
     an application to the Secretary at such time, in such manner, 
     containing such information, and consistent with such 
     criteria, as the Secretary may prescribe in regulations.
       ``(2) Contents.--Each application described in paragraph 
     (1) shall contain--
       ``(A) a statement describing the activities to be 
     conducted, and the objectives to be achieved, under the 
     grant; and
       ``(B) a description of the method to be used for evaluating 
     the effectiveness of the activities for which assistance is 
     sought and for determining whether such objectives are 
     achieved.
       ``(3) Approval.--The Secretary may approve an application 
     submitted by a tribe or tribal organization pursuant to this 
     section only if the Secretary is satisfied that such 
     application, including any documentation submitted with the 
     application--
       ``(A) demonstrates that the applicant has consulted with 
     other education entities, if any, within the territorial 
     jurisdiction of the applicant who will be affected by the 
     activities to be conducted under the grant;
       ``(B) provides for consultation with such other education 
     entities in the operation and evaluation of the activities 
     conducted under the grant; and
       ``(C) demonstrates that there will be adequate resources 
     provided under this section or from other sources to complete 
     the activities for which assistance is sought, except that 
     the availability of such other resources shall not be a basis 
     for disapproval of such application.
       ``(d) Restriction.--A tribe may not receive funds under 
     this section if such tribe receives funds under section 1144 
     of the Education Amendments of 1978.

                  ``Subpart 4--Federal Administration

     ``SEC. 5141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

       ``(a) Membership.--There is established a National Advisory 
     Council on Indian Education (hereafter in this section 
     referred to as the `Council'), which shall--
       ``(1) consist of 15 Indian members, who shall be appointed 
     by the President from lists of nominees furnished, from time 
     to time, by Indian tribes and organizations; and
       ``(2) represent different geographic areas of the United 
     States.
       ``(b) Duties.--The Council shall--
       ``(1) advise the Secretary concerning the funding and 
     administration (including the development of regulations and 
     administrative policies and practices) of any program, 
     including any program established under this part--
       ``(A) with respect to which the Secretary has jurisdiction; 
     and
       ``(B)(i) that includes Indian children or adults as 
     participants; or
       ``(ii) that may benefit Indian children or adults;
       ``(2) make recommendations to the Secretary for filling the 
     position of Director of Indian Education whenever a vacancy 
     occurs; and
       ``(3) submit to Congress, not later than June 30 of each 
     year, a report on the activities of the Council, including--
       ``(A) any recommendations that the Council considers 
     appropriate for the improvement of Federal education programs 
     that include Indian children or adults as participants, or 
     that may benefit Indian children or adults; and
       ``(B) recommendations concerning the funding of any program 
     described in subparagraph (A).

     ``SEC. 5142. PEER REVIEW.

       ``The Secretary may use a peer review process to review 
     applications submitted to the Secretary under subpart 2 or 
     subpart 3.

     ``SEC. 5143. PREFERENCE FOR INDIAN APPLICANTS.

       ``In making grants and entering into contracts or 
     cooperative agreements under subpart 2 or subpart 3, the 
     Secretary shall give a preference to Indian tribes, 
     organizations, and institutions of higher education under any 
     program with respect to which Indian tribes, organizations, 
     and institutions are eligible to apply for grants, contracts, 
     or cooperative agreements.

     ``SEC. 5144. MINIMUM GRANT CRITERIA.

       ``The Secretary may not approve an application for a grant, 
     contract, or cooperative agreement under subpart 2 or subpart 
     3 unless the application is for a grant, contract, or 
     cooperative agreement that is--
       ``(1) of sufficient size, scope, and quality to achieve the 
     purpose or objectives of such grant, contract, or cooperative 
     agreement; and
       ``(2) based on relevant research findings.

       ``Subpart 5--Definitions; Authorizations of Appropriations

     ``SEC. 5151. DEFINITIONS.

       ``For the purposes of this part:
       ``(1) Adult.--The term `adult' means an individual who--
       ``(A) has attained the age of 16 years; or
       ``(B) has attained an age that is greater than the age of 
     compulsory school attendance under an applicable State law.
       ``(2) Free public education.--The term `free public 
     education' means education that is--
       ``(A) provided at public expense, under public supervision 
     and direction, and without tuition charge; and
       ``(B) provided as elementary or secondary education in the 
     applicable State or to preschool children.
       ``(3) Indian.--The term `Indian' means an individual who 
     is--
       ``(A) a member of an Indian tribe or band, as membership is 
     defined by the tribe or band, including--
       ``(i) any tribe or band terminated since 1940; and
       ``(ii) any tribe or band recognized by the State in which 
     the tribe or band resides;
       ``(B) a descendant, in the first or second degree, of an 
     individual described in subparagraph (A);
       ``(C) considered by the Secretary of the Interior to be an 
     Indian for any purpose;
       ``(D) an Alaska Native, as defined in section 5206(1); or
       ``(E) a member of an organized Indian group that received a 
     grant under the Indian Education Act of 1988 as in effect the 
     day preceding the date of the enactment of the Improving 
     America's Schools Act of 1994.
       ``(4) Alaska native organization.--The term `Alaska Native 
     Organization' has the same meaning as defined in section 
     5206(2).

     ``SEC. 5152. AUTHORIZATIONS OF APPROPRIATIONS.

       ``(a) Subpart 1.--For the purpose of carrying out subpart 
     1, there are authorized to be appropriated $105,921,000 for 
     each of fiscal years 2016 through 2021.
       ``(b) Subparts 2 and 3.--For the purpose of carrying out 
     subparts 2 and 3, there are authorized to be appropriated 
     $24,858,000 for each of fiscal years 2016 through 2021.

                   ``PART B--ALASKA NATIVE EDUCATION

     ``SEC. 5201. SHORT TITLE.

       ``This part may be cited as the `Alaska Native Educational 
     Equity, Support, and Assistance Act'.

     ``SEC. 5202. FINDINGS.

       ``Congress finds and declares the following:
       ``(1) It is the policy of the Federal Government to 
     maximize the leadership of and participation by Alaska 
     Natives in the planning and the management of Alaska Native 
     education programs and to support efforts developed by and 
     undertaken within the Alaska Native community to improve 
     educational opportunity for all students.
       ``(2) Many Alaska Native children enter and exit school 
     with serious educational disadvantages.
       ``(3) Overcoming the magnitude of the geographic 
     challenges, historical inequities, and other barriers to 
     successfully improving educational outcomes for Alaska Native 
     students in rural, village, and urban settings is 
     challenging. Significant disparities between academic 
     achievement of Alaska Native students and non-Native students 
     continues, including lower graduation rates, increased school 
     dropout rates, and lower achievement scores on standardized 
     tests.
       ``(4) The preservation of Alaska Native cultures and 
     languages and the integration of Alaska Native cultures and 
     languages into education, positive identity development for 
     Alaska Native students, and local, place-based, and culture-
     based programming are critical to the attainment of 
     educational success and the long-term well-being of Alaska 
     Native students.
       ``(5) Improving educational outcomes for Alaska Native 
     students increases access to employment opportunities.
       ``(6) The programs and activities authorized under this 
     part give priority to Alaska Native organizations as a means 
     of increasing Alaska

[[Page 2726]]

     Native parents' and community involvement in the promotion of 
     academic success of Alaska Native students.
       ``(7) The Federal Government should lend support to efforts 
     developed by and undertaken within the Alaska Native 
     community to improve educational opportunity for Alaska 
     Native students. In 1983, pursuant to Public Law 98-63, 
     Alaska ceased to receive educational funding from the Bureau 
     of Indian Affairs. The Bureau of Indian Education does not 
     operate any schools in Alaska, nor operate or fund Alaska 
     Native education programs. The program under this part 
     supports the Federal trust responsibility of the United 
     States to Alaska Natives.

     ``SEC. 5203. PURPOSES.

       ``The purposes of this part are as follows:
       ``(1) To recognize and address the unique educational needs 
     of Alaska Natives.
       ``(2) To recognize the role of Alaska Native languages and 
     cultures in the educational success and long-term well-being 
     of Alaska Native students.
       ``(3) To integrate Alaska Native cultures and languages 
     into education, develop Alaska Native students' positive 
     identity, and support local place-based and culture-based 
     curriculum and programming.
       ``(4) To authorize the development, management, and 
     expansion of effective supplemental educational programs to 
     benefit Alaska Natives.
       ``(5) To provide direction and guidance to appropriate 
     Federal, State, and local agencies to focus resources, 
     including resources made available under this part, on 
     meeting the educational needs of Alaska Natives.
       ``(6) To ensure the maximum participation by Alaska Native 
     educators and leaders in the planning, development, 
     management, and evaluation of programs designed to serve 
     Alaska Natives students, and to ensure Alaska Native 
     organizations play a meaningful role in supplemental 
     educational services provided to Alaska Native students.

     ``SEC. 5204. PROGRAM AUTHORIZED.

       ``(a) General Authority.--
       ``(1) Grants and contracts.--The Secretary is authorized to 
     make grants to, or enter into contracts with, Alaska Native 
     organizations, State educational agencies, local educational 
     agencies, educational entities with experience in developing 
     or operating Alaska Native educational programs or programs 
     of instruction conducted in Alaska Native languages, cultural 
     and community-based organizations with experience in 
     developing or operating programs to benefit the educational 
     needs of Alaska Natives, and consortia of organizations and 
     entities described in this paragraph, to carry out programs 
     that meet the purposes of this part.
       ``(2) Additional requirement.--A State educational agency, 
     local educational agency, educational entity with experience 
     in developing or operating Alaska Native educational programs 
     or programs of instruction conducted in Alaska Native 
     languages, cultural and community-based organization with 
     experience in developing or operating programs to benefit the 
     educational needs of Alaska Natives, or consortium of such 
     organizations and entities is eligible for an award under 
     this part only as part of a partnership involving an Alaska 
     Native organization.
       ``(3) Mandatory activities.--Activities provided through 
     the programs carried out under this part shall include the 
     following which shall only be provided specifically in the 
     context of elementary and secondary education:
       ``(A) The development and implementation of plans, methods, 
     and strategies to improve the educational outcomes of Alaska 
     Native people.
       ``(B) The collection of data to assist in the evaluation of 
     the programs carried out under this part.
       ``(4) Permissible activities.--Activities provided through 
     programs carried out under this part may include the 
     following which shall only be provided specifically in the 
     context of elementary and secondary education:
       ``(A) The development of curricula and programs that 
     address the educational needs of Alaska Native students, 
     including the following:
       ``(i) Curriculum materials that reflect the cultural 
     diversity, languages, history, or the contributions of Alaska 
     Native people.
       ``(ii) Instructional programs that make use of Alaska 
     Native languages and cultures.
       ``(iii) Networks that develop, test, and disseminate best 
     practices and introduce successful programs, materials, and 
     techniques to meet the educational needs of Alaska Native 
     students in urban and rural schools.
       ``(B) Training and professional development activities for 
     educators, including the following:
       ``(i) Pre-service and in-service training and professional 
     development programs to prepare teachers to develop 
     appreciation for, and understanding of, Alaska Native 
     history, cultures, values, ways of knowing and learning in 
     order to effectively address the cultural diversity and 
     unique needs of Alaska Native students.
       ``(ii) Recruitment and preparation of teachers who are 
     Alaska Native.
       ``(iii) Programs that will lead to the certification and 
     licensing of Alaska Native teachers, principals, and 
     superintendents.
       ``(C) The development and operation of student enrichment 
     programs, including those in science, technology, 
     engineering, and mathematics that--
       ``(i) are designed to prepare Alaska Native students to 
     excel in such subjects;
       ``(ii) provide appropriate support services to enable such 
     students to benefit from the programs; and
       ``(iii) include activities that recognize and support the 
     unique cultural and educational needs of Alaska Native 
     children, and incorporate appropriately qualified Alaska 
     Native elders and other tradition bearers.
       ``(D) Research and data collection activities to determine 
     the educational status and needs of Alaska Native children 
     and other research and evaluation activities related to 
     programs carried out under this part.
       ``(E) Activities designed to increase the graduation rates 
     of Alaska Native students and prepare Alaska Native students 
     to be college and career ready upon graduation from secondary 
     school, such as--
       ``(i) remedial and enrichment programs; and
       ``(ii) culturally based education programs, such as--

       ``(I) programs of study and other instruction in Alaska 
     Native history and way of living, to share the rich and 
     diverse cultures of Alaska Native peoples among Alaska Native 
     youth and elders, non-Native students, teachers, and the 
     larger community;
       ``(II) instruction in leadership, communication, Native 
     culture, arts, and languages to Alaska Native youth;
       ``(III) instruction in Alaska Native history and ways of 
     living to students and teachers in the local school district;
       ``(IV) intergenerational learning and internship 
     opportunities to Alaska Native youth and young adults; and
       ``(V) providing cultural immersion activities aimed at 
     Alaska Native cultural preservation.

       ``(F) Statewide on-site exchange programs, for both 
     students and teachers, that work to facilitate cultural 
     relationships between urban and rural Alaskans to build 
     mutual respect and understanding, and foster a statewide 
     sense of common identity through host family, school, and 
     community cross-cultural immersion.
       ``(G) Education programs for at-risk urban Alaska Native 
     students in kindergarten through grade 12 that are designed 
     to improve academic proficiency and graduation rates, utilize 
     strategies otherwise permissible under this part, and 
     incorporate a strong data collection and continuous 
     evaluation component.
       ``(H) Statewide programs that provide technical assistance 
     and support to schools and communities to engage adults in 
     promoting the academic progress and overall well-being of 
     Alaska Native people through child and youth development, 
     positive youth-adult relationships, improved conditions for 
     learning (school climate, student connection to school and 
     community), and increased connections between schools and 
     families.
       ``(I) Career preparation activities to enable Alaska Native 
     children and adults to prepare for meaningful employment, 
     including programs providing tech-prep, mentoring, training, 
     and apprenticeship activities.
       ``(J) Support for the development and operational 
     activities of regional vocational schools in rural areas of 
     Alaska to provide students with necessary resources to 
     prepare for skilled employment opportunities.
       ``(K) Regional leadership academies that demonstrate 
     effectiveness in building respect, understanding, and 
     fostering a sense of Alaska Native identity to promote their 
     pursuit of and success in completing higher education or 
     career training.
       ``(L) Strategies designed to increase the involvement of 
     parents in their children's education.
       ``(b) Limitation on Administrative Costs.--Not more than 5 
     percent of funds provided to an award recipient under this 
     part for any fiscal year may be used for administrative 
     purposes.
       ``(c) Priorities.--In awarding grants or contracts to carry 
     out activities described in this subpart, the Secretary shall 
     give priority to applications from Alaska Native 
     Organizations. Such priority shall be explicitly delineated 
     in the Secretary's process for evaluating applications and 
     applied consistently and transparently to all applications 
     from Alaska Native Organizations.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this part 
     $33,185,000 for each of fiscal years 2016 through 2021.

     ``SEC. 5205. ADMINISTRATIVE PROVISIONS.

       ``(a) Application Required.--
       ``(1) In general.--No grant may be made under this part, 
     and no contract may be entered into under this part, unless 
     the Alaska Native organization or entity seeking the grant or 
     contract submits an application to the Secretary in such 
     form, in such manner, and containing such information as the 
     Secretary may determine necessary to carry out the provisions 
     of this part.
       ``(2) Requirement for certain applicants.--An applicant 
     described in section 5204(a)(2) shall, in the application 
     submitted under this paragraph--
       ``(A) demonstrate that an Alaska Native organization was 
     directly involved in the development of the program for which 
     the application seeks funds and explicitly delineate the 
     meaningful role that the Alaska Native organization will play 
     in the implementation and evaluation of the program for which 
     funding is sought; and
       ``(B) provide a copy of the Alaska Native organization's 
     governing document.
       ``(b) Consultation Required.--Each applicant for an award 
     under this part shall provide for ongoing advice from and 
     consultation with representatives of the Alaska Native 
     community.
       ``(c) Local Educational Agency Coordination.--Each 
     applicant for an award under this part shall inform each 
     local educational agency serving students who would 
     participate in the program to be carried out under the grant 
     or contract about the application.

[[Page 2727]]

       ``(d) Continuation Awards.--An applicant described in 
     section 5204(a)(2) that receives funding under this part 
     shall periodically demonstrate to the Secretary, during the 
     term of the award, that the applicant is continuing to meet 
     the requirements of subsection (a)(2)(A).

     ``SEC. 5206. DEFINITIONS.

       ``In this part:
       ``(1) Alaska native.--The term `Alaska Native' has the same 
     meaning as the term `Native' has in section 3(b) of the 
     Alaska Native Claims Settlement Act and their descendants.
       ``(2) Alaska native organization.--The term `Alaska Native 
     organization' means a federally recognized tribe, consortium 
     of tribes, regional nonprofit Native association, and an 
     organization, that--
       ``(A) has or commits to acquire expertise in the education 
     of Alaska Natives; and
       ``(B) has Alaska Native people in substantive and 
     policymaking positions within the organization.

                  ``PART C--NATIVE HAWAIIAN EDUCATION

     ``SEC. 5301. 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. 5302. PURPOSES.

       ``The purposes of this part are--
       ``(1) to authorize, develop, implement, assess, and 
     evaluate innovative educational programs, Native Hawaiian 
     language medium programs, Native Hawaiian culture-based 
     education programs, and other education 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 challenging State student academic 
     achievement standards;
       ``(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. 5303. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.

       ``(a) Grant Authorized.--In order to better effectuate the 
     purposes of this part through the coordination of educational 
     and related services and programs available to Native 
     Hawaiians, including those programs that receive funding 
     under this part, the Secretary shall award a grant to 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) one shall be the President of the University of 
     Hawaii (or a designee);
       ``(B) one shall be the Governor of the State of Hawaii (or 
     a designee);
       ``(C) one shall be the Superintendent of the State of 
     Hawaii Department of Education (or a designee);
       ``(D) one shall be the chairperson of the Office of 
     Hawaiian Affairs (or a designee);
       ``(E) one shall be the executive director of Hawaii's 
     Charter School Network (or a designee);
       ``(F) one shall be the chief executive officer of the 
     Kamehameha Schools (or a designee);
       ``(G) one shall be the Chief Executive Officer of the Queen 
     Liliuokalani Trust (or a designee);
       ``(H) one shall be a member, selected by the other members 
     of the Education Council, who represents a private grant-
     making entity;
       ``(I) one shall be the Mayor of the County of Hawaii (or a 
     designee);
       ``(J) one shall be the Mayor of Maui County (or a designee 
     from the Island of Maui);
       ``(K) one shall be the Mayor of the County of Kauai (or a 
     designee);
       ``(L) one shall be appointed by the Mayor of Maui County 
     from the Island of either Molokai or Lanai;
       ``(M) one shall be the Mayor of the City and County of 
     Honolulu (or a designee);
       ``(N) one shall be the chairperson of the Hawaiian Homes 
     Commission (or a designee); and
       ``(O) one 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 for Coordination Activities.--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, and serving 
     as a clearinghouse for, the educational and related services 
     and programs available to Native Hawaiians, including the 
     programs assisted under this part.
       ``(2) Assessing the extent to which such services and 
     programs meet the needs of Native Hawaiians, and collecting 
     data on the status of Native Hawaiian education.
       ``(3) Providing direction and guidance, through the 
     issuance of reports and recommendations, to appropriate 
     Federal, State, and local agencies in order to focus and 
     improve the use of resources, including resources made 
     available under this part, relating to Native Hawaiian 
     education, and serving, where appropriate, in an advisory 
     capacity.
       ``(4) Awarding grants, if such grants enable the Education 
     Council to carry out the activities described in paragraphs 
     (1) through (3).
       ``(5) Hiring an executive director who shall assist in 
     executing the duties and powers of the Education Council, as 
     described in subsection (d).
       ``(d) Use of Funds for Technical Assistance.--The Education 
     Council shall use funds made available through the grant to--
       ``(1) provide technical assistance to Native Hawaiian 
     organizations that are grantees or potential grantees under 
     this part;
       ``(2) obtain from such grantees information and data 
     regarding grants awarded under this part, including 
     information and data about--
       ``(A) the effectiveness of such grantees in meeting the 
     educational priorities established by the Education Council, 
     as described in paragraph (6)(D), using metrics related to 
     these priorities; and
       ``(B) the effectiveness of such grantees in carrying out 
     any of the activities described in section 5304(c) that are 
     related to the specific goals and purposes of each grantee's 
     grant project, using metrics related to these priorities;
       ``(3) assess and define the educational needs of Native 
     Hawaiians;
       ``(4) assess the programs and services available to address 
     the educational needs of Native Hawaiians;

[[Page 2728]]

       ``(5) assess and evaluate the individual and aggregate 
     impact achieved by grantees under this part in improving 
     Native Hawaiian educational performance and meeting the goals 
     of this part, using metrics related to these goals; and
       ``(6) prepare and submit to the Secretary, at the end of 
     each calendar year, an annual report that contains--
       ``(A) a description of the activities of the Education 
     Council during the calendar year;
       ``(B) a description of significant barriers to achieving 
     the goals of this part;
       ``(C) a summary of each community consultation session 
     described in subsection (e); and
       ``(D) recommendations to establish priorities for funding 
     under this part, based on an assessment of--
       ``(i) the educational needs of Native Hawaiians;
       ``(ii) programs and services available to address such 
     needs;
       ``(iii) the effectiveness of programs in improving the 
     educational performance of Native Hawaiian students to help 
     such students meet challenging State student academic 
     achievement standards; and
       ``(iv) priorities for funding in specific geographic 
     communities.
       ``(e) Use of Funds for Community Consultations.--The 
     Education Council shall use funds made available through the 
     grant under subsection (a) to hold not less than one 
     community consultation each year on each of the islands of 
     Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which--
       ``(1) not less than three members of the Education Council 
     shall be in attendance;
       ``(2) the Education Council shall gather community input 
     regarding--
       ``(A) current grantees under this part, as of the date of 
     the consultation;
       ``(B) priorities and needs of Native Hawaiians; and
       ``(C) other Native Hawaiian education issues; and
       ``(3) the Education Council shall report to the community 
     on the outcomes of the activities supported by grants awarded 
     under this part.
       ``(f) Funding.--For each fiscal year, the Secretary shall 
     use the amount described in section 5305(d)(2), to make a 
     payment under the grant. Funds made available through the 
     grant shall remain available until expended.
       ``(g) Report.--Beginning not later than 2 years after the 
     date of the enactment of the Student Success Act, and for 
     each subsequent year, the Secretary shall prepare and submit 
     to the Committee on Education and the Workforce of the House 
     of Representatives, and the Committee on Indian Affairs and 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate, a report that--
       ``(1) summarizes the annual reports of the Education 
     Council;
       ``(2) describes the allocation and use of funds under this 
     part and the information gathered since the first annual 
     report submitted by the Education Council to the Secretary 
     under this section; and
       ``(3) contains recommendations for changes in Federal, 
     State, and local policy to advance the purposes of this part.

     ``SEC. 5304. 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; and
       ``(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 5303(d)(6)(D);
       ``(2) the repair and renovation of public schools that 
     serve high concentrations of Native Hawaiian students;
       ``(3) 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 
     challenging State student academic achievement standards, 
     including activities relating to--
       ``(A) achieving competence in reading, literacy, 
     mathematics, and science for students in preschool through 
     grade 3;
       ``(B) the educational needs of at-risk children and youth;
       ``(C) professional development for teachers and 
     administrators;
       ``(D) the use of Native Hawaiian language and preservation 
     or reclamation of Native Hawaiian culture-based educational 
     practices; and
       ``(E) other programs relating to the activities described 
     in this part; and
       ``(4) programs in which a local educational agency, 
     institution of higher education, or a State educational 
     agency in partnership with a nonprofit entity serving 
     underserved communities within the Native Hawaiian population 
     apply for a grant or contract under this part as part of a 
     partnership or consortium.
       ``(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 and care system to provide a 
     continuum of high-quality early learning services for Native 
     Hawaiian children from the prenatal period through the age of 
     kindergarten entry;
       ``(2) the operation of family-based education centers that 
     provide such services as--
       ``(A) early care and education programs for Native 
     Hawaiians; and
       ``(B) 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 in kindergarten through grade 3 and 
     assistance in addressing the distinct features of combined 
     English and Hawaiian literacy for Hawaiian speakers in grades 
     5 and 6;
       ``(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 
     curricula 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 the enactment 
     of the Student Success Act shall remain available until 
     expended. The Secretary shall 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 through digital archives.
       ``(3) Informal education programs that connect traditional 
     Hawaiian knowledge, 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

[[Page 2729]]

     provided to such nonprofit entity under this section for any 
     fiscal year to be used for administrative purposes.

     ``SEC. 5305. 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 part $34,181,000 for each of fiscal years 
     2016 through 2021.
       ``(2) Reservation.--Of the funds appropriated under this 
     subsection, the Secretary shall reserve, for each fiscal year 
     after the date of the enactment of the Student Success Act 
     not less than $500,000 for the grant to the Education Council 
     under section 5303.
       ``(3) Availability.--Funds appropriated under this 
     subsection shall remain available until expended.''.

                TITLE VI--GENERAL PROVISIONS FOR THE ACT

     SEC. 601. GENERAL PROVISIONS FOR THE ACT.

       (a) Amending Title VI.--Title VI (20 U.S.C. 7301 et seq.) 
     is amended to read as follows:

                     ``TITLE VI--GENERAL PROVISIONS

                         ``PART A--DEFINITIONS

     ``SEC. 6101. DEFINITIONS.

       ``Except as otherwise provided, in this Act:
       ``(1) Average daily attendance.--
       ``(A) In general.--Except as provided otherwise by State 
     law or this paragraph, the term `average daily attendance' 
     means--
       ``(i) the aggregate number of days of attendance of all 
     students during a school year; divided by
       ``(ii) the number of days school is in session during that 
     year.
       ``(B) Conversion.--The Secretary shall permit the 
     conversion of average daily membership (or other similar 
     data) to average daily attendance for local educational 
     agencies in States that provide State aid to local 
     educational agencies on the basis of average daily membership 
     (or other similar data).
       ``(C) Special rule.--If the local educational agency in 
     which a child resides makes a tuition or other payment for 
     the free public education of the child in a school located in 
     another school district, the Secretary shall, for the purpose 
     of this Act--
       ``(i) consider the child to be in attendance at a school of 
     the agency making the payment; and
       ``(ii) not consider the child to be in attendance at a 
     school of the agency receiving the payment.
       ``(D) Children with disabilities.--If a local educational 
     agency makes a tuition payment to a private school or to a 
     public school of another local educational agency for a child 
     with a disability, as defined in section 602 of the 
     Individuals with Disabilities Education Act, the Secretary 
     shall, for the purpose of this Act, consider the child to be 
     in attendance at a school of the agency making the payment.
       ``(2) Average per-pupil expenditure.--The term `average 
     per-pupil expenditure' means, in the case of a State or of 
     the United States--
       ``(A) without regard to the source of funds--
       ``(i) the aggregate current expenditures, during the third 
     fiscal year preceding the fiscal year for which the 
     determination is made (or, if satisfactory data for that year 
     are not available, during the most recent preceding fiscal 
     year for which satisfactory data are available) of all local 
     educational agencies in the State or, in the case of the 
     United States, for all States (which, for the purpose of this 
     paragraph, means the 50 States and the District of Columbia); 
     plus
       ``(ii) any direct current expenditures by the State for the 
     operation of those agencies; divided by
       ``(B) the aggregate number of children in average daily 
     attendance to whom those agencies provided free public 
     education during that preceding year.
       ``(3) Charter school.--The term `charter school' means a 
     public school that--
       ``(A) in accordance with a specific State statute 
     authorizing the granting of charters to schools, is exempt 
     from significant State or local rules that inhibit the 
     flexible operation and management of public schools, but not 
     from any rules relating to the other requirements of this 
     paragraph;
       ``(B) is created by a developer as a public school, or is 
     adapted by a developer from an existing public school, and is 
     operated under public supervision and direction;
       ``(C) operates in pursuit of a specific set of educational 
     objectives determined by the school's developer and agreed to 
     by the authorized public chartering agency;
       ``(D) provides a program of elementary or secondary 
     education, or both;
       ``(E) is nonsectarian in its programs, admissions policies, 
     employment practices, and all other operations, and is not 
     affiliated with a sectarian school or religious institution;
       ``(F) does not charge tuition;
       ``(G) complies with the Age Discrimination Act of 1975, 
     title VI of the Civil Rights Act of 1964, title IX of the 
     Education Amendments of 1972, section 504 of the 
     Rehabilitation Act of 1973, part B of the Individuals with 
     Disabilities Education Act, the Americans with Disabilities 
     Act of 1990 (42 U.S.C. 12101 et seq.), and section 444 of the 
     General Education Provisions Act (20 U.S.C. 1232(g)) 
     (commonly known as the `Family Education Rights and Privacy 
     Act of 1974');
       ``(H) is a school to which parents choose to send their 
     children, and admits students on the basis of a lottery if 
     more students apply for admission than can be accommodated, 
     except that in cases in which students who are enrolled in a 
     charter school affiliated (such as by sharing a network) with 
     another charter school, those students may be automatically 
     enrolled in the next grade level at such other charter 
     school, so long as a lottery is used to fill seats created 
     through regular attrition in student enrollment;
       ``(I) agrees to comply with the same Federal and State 
     audit requirements as do other elementary schools and 
     secondary schools in the State, unless such State audit 
     requirements are waived by the State;
       ``(J) meets all applicable Federal, State, and local health 
     and safety requirements;
       ``(K) operates in accordance with State law;
       ``(L) has a written performance contract with the 
     authorized public chartering agency in the State that 
     includes a description of how student performance will be 
     measured in charter schools pursuant to State assessments 
     that are required of other schools and pursuant to any other 
     assessments mutually agreeable to the authorized public 
     chartering agency and the charter school; and
       ``(M) may serve prekindergarten or postsecondary students.
       ``(4) Child.--The term `child' means any person within the 
     age limits for which the State provides free public 
     education.
       ``(5) Child with a disability.--The term `child with a 
     disability' has the same meaning given that term in section 
     602 of the Individuals with Disabilities Education Act.
       ``(6) Community-based organization.--The term `community-
     based organization' means a public or private nonprofit 
     organization of demonstrated effectiveness that--
       ``(A) is representative of a community or significant 
     segments of a community; and
       ``(B) provides educational or related services to 
     individuals in the community.
       ``(7) Consolidated local application.--The term 
     `consolidated local application' means an application 
     submitted by a local educational agency pursuant to section 
     6305.
       ``(8) Consolidated local plan.--The term `consolidated 
     local plan' means a plan submitted by a local educational 
     agency pursuant to section 6305.
       ``(9) Consolidated state application.--The term 
     `consolidated State application' means an application 
     submitted by a State educational agency pursuant to section 
     6302.
       ``(10) Consolidated state plan.--The term `consolidated 
     State plan' means a plan submitted by a State educational 
     agency pursuant to section 6302.
       ``(11) County.--The term `county' means one of the 
     divisions of a State used by the Secretary of Commerce in 
     compiling and reporting data regarding counties.
       ``(12) Covered program.--The term `covered program' means 
     each of the programs authorized by--
       ``(A) part A of title I;
       ``(B) title II; and
       ``(C) part B of title III.
       ``(13) Current expenditures.--The term `current 
     expenditures' means expenditures for free public education--
       ``(A) including expenditures for administration, 
     instruction, attendance and health services, pupil 
     transportation services, operation and maintenance of plant, 
     fixed charges, and net expenditures to cover deficits for 
     food services and student body activities; but
       ``(B) not including expenditures for community services, 
     capital outlay, and debt service, or any expenditures made 
     from funds received under title I.
       ``(14) Department.--The term `Department' means the 
     Department of Education.
       ``(15) Direct student services.--The term `direct student 
     services' means public school choice or high-quality academic 
     tutoring that are designed to help increase academic 
     achievement for students.
       ``(16) Distance education.--The term `distance education' 
     means the use of one or more technologies to deliver 
     instruction to students who are separated from the instructor 
     and to support regular and substantive interaction between 
     the students and the instructor synchronously or 
     nonsynchronously.
       ``(17) Educational service agency.--The term `educational 
     service agency' means a regional public multiservice agency 
     authorized by State statute to develop, manage, and provide 
     services or programs to local educational agencies.
       ``(18) Elementary school.--The term `elementary school' 
     means a nonprofit institutional day or residential school, 
     including a public elementary charter school, that provides 
     elementary education, as determined under State law.
       ``(19) English learner.--The term `English learner', when 
     used with respect to an individual, means an individual--
       ``(A) who is aged 3 through 21;
       ``(B) who is enrolled or preparing to enroll in an 
     elementary school or secondary school;
       ``(C)(i) who was not born in the United States or whose 
     native language is a language other than English;

[[Page 2730]]

       ``(ii)(I) who is a Native American or Alaska Native, or a 
     native resident of the outlying areas; and
       ``(II) who comes from an environment where a language other 
     than English has had a significant impact on the individual's 
     level of English language proficiency; or
       ``(iii) who is migratory, whose native language is a 
     language other than English, and who comes from an 
     environment where a language other than English is dominant; 
     and
       ``(D) whose difficulties in speaking, reading, writing, or 
     understanding the English language may be sufficient to deny 
     the individual--
       ``(i) the ability to meet the State's academic standards 
     described in section 1111;
       ``(ii) the ability to successfully achieve in classrooms 
     where the language of instruction is English; or
       ``(iii) the opportunity to participate fully in society.
       ``(20) Extended-year adjusted cohort graduation rate.--
       ``(A) In general.--The term `extended-year adjusted cohort 
     graduation rate' means the ratio where--
       ``(i) the denominator consists of the number of students 
     who form the original cohort of entering first-time 9th grade 
     students enrolled in the high school no later than the 
     effective date for student membership data submitted annually 
     by State educational agencies to the National Center for 
     Education Statistics under section 153 of the Education 
     Sciences Reform Act, adjusted by--

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

       ``(ii) the numerator consists of the number of students in 
     the cohort, as adjusted under clause (i), who earned a 
     regular high school diploma before, during, or at the 
     conclusion of--

       ``(I) one or more additional years beyond the fourth year 
     of high school; or
       ``(II) a summer session immediately following the 
     additional year of high school.

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

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

       ``(ii) Confirmation requirements.--

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

       ``(iii) Programs not providing credit.--A student who is 
     retained in grade or who is enrolled in a GED or other 
     alternative educational program that does not issue or 
     provide credit toward the issuance of a regular high school 
     diploma shall not be considered transferred out and shall 
     remain in the extended-year adjusted cohort.
       ``(D) Special rule.--For those high schools that start 
     after grade 9, the original cohort shall be calculated for 
     the earliest high school grade students attend no later than 
     the effective date for student membership data submitted 
     annually by State educational agencies to the National Center 
     for Education Statistics pursuant to section 153 of the 
     Education Sciences Reform Act.
       ``(21) Family literacy services.--The term `family literacy 
     services' means services provided to participants on a 
     voluntary basis that are of sufficient intensity in terms of 
     hours, and of sufficient duration, to make sustainable 
     changes in a family, and that integrate all of the following 
     activities:
       ``(A) Interactive literacy activities between parents and 
     their children.
       ``(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.
       ``(22) Four-year adjusted cohort graduation rate.--
       ``(A) In general.--The term `four-year adjusted cohort 
     graduation rate' means the ratio where--
       ``(i) the denominator consists of the number of students 
     who form the original cohort of entering first-time 9th grade 
     students enrolled in the high school no later than the 
     effective date for student membership data submitted annually 
     by State educational agencies to the National Center for 
     Education Statistics pursuant to section 153 of the Education 
     Sciences Reform Act, adjusted by--

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

       ``(ii) the numerator consists of the number of students in 
     the cohort, as adjusted under clause (i), who earned a 
     regular high school diploma before, during, or at the 
     conclusion of--

       ``(I) the fourth year of high school; or
       ``(II) a summer session immediately following the fourth 
     year of high school.

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

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

       ``(ii) Confirmation requirements.--

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

       ``(iii) Programs not providing credit.--A student who is 
     retained in grade or who is enrolled in a GED or other 
     alternative educational program that does not issue or 
     provide credit toward the issuance of a regular high school 
     diploma shall not be considered transferred out and shall 
     remain in the adjusted cohort.
       ``(D) Special rule.--For those high schools that start 
     after grade 9, the original cohort shall be calculated for 
     the earliest high school grade students attend no later than 
     the effective date for student membership data submitted 
     annually by State educational agencies to the National Center 
     for Education Statistics pursuant to section 153 of the 
     Education Sciences Reform Act.
       ``(23) Free public education.--The term `free public 
     education' means education that is provided--
       ``(A) at public expense, under public supervision and 
     direction, and without tuition charge; and
       ``(B) as elementary school or secondary school education as 
     determined under applicable State law, except that the term 
     does not include any education provided beyond grade 12.
       ``(24) Gifted and talented.--The term `gifted and 
     talented', when used with respect to students, children, or 
     youth, means students, children, or youth who give evidence 
     of high achievement capability in areas such as intellectual, 
     creative, artistic, or leadership capacity, or in specific 
     academic fields, and who need services or activities not 
     ordinarily provided by the school in order to fully develop 
     those capabilities.
       ``(25) High-quality academic tutoring.--The term `high-
     quality academic tutoring' means supplemental academic 
     services that--
       ``(A) are in addition to instruction provided during the 
     school day;
       ``(B) are provided by a non-governmental entity or local 
     educational agency that--
       ``(i) is included on a State educational agency approved 
     provider list after demonstrating to the State educational 
     agency that its program consistently improves the academic 
     achievement of students; and
       ``(ii) agrees to provide parents of children receiving 
     high-quality academic tutoring, the appropriate local 
     educational agency, and school with information on 
     participating students increases in academic achievement, in 
     a format, and to the extent practicable, a language that such 
     parent can understand, and in a manner that protects the 
     privacy of individuals consistent with section 444 of the 
     General Education Provisions Act (20 U.S.C. 1232g);
       ``(C) are selected by the parents of students who are 
     identified by the local educational agency as being eligible 
     for such services from among providers on the approved 
     provider list described in subparagraph (B)(i);
       ``(D) meet all applicable Federal, State, and local health, 
     safety, and civil rights laws; and
       ``(E) ensure that all instruction and content are secular, 
     neutral, and non-ideological.
       ``(26) High school.--The term `high school' means a 
     secondary school that--
       ``(A) grants a diploma, as defined by the State; and
       ``(B) includes, at least, grade 12.
       ``(27) Institution of higher education.--The term 
     `institution of higher education' has the meaning given that 
     term in section 101(a) of the Higher Education Act of 1965.
       ``(28) Local educational agency.--
       ``(A) In general.--The term `local educational agency' 
     means a public board of education or other public authority 
     legally constituted within a State for either administrative 
     control or direction of, or to perform a service function 
     for, public elementary schools or secondary schools in a 
     city, county, township,

[[Page 2731]]

     school district, or other political subdivision of a State, 
     or of or for a combination of school districts or counties 
     that is recognized in a State as an administrative agency for 
     its public elementary schools or secondary schools.
       ``(B) Administrative control and direction.--The term 
     includes any other public institution or agency having 
     administrative control and direction of a public elementary 
     school or secondary school.
       ``(C) BIE schools.--The term includes an elementary school 
     or secondary school funded by the Bureau of Indian Education 
     but only to the extent that including the school makes the 
     school eligible for programs for which specific eligibility 
     is not provided to the school in another provision of law and 
     the school does not have a student population that is smaller 
     than the student population of the local educational agency 
     receiving assistance under this Act with the smallest student 
     population, except that the school shall not be subject to 
     the jurisdiction of any State educational agency other than 
     the Bureau of Indian Education.
       ``(D) Educational service agencies.--The term includes 
     educational service agencies and consortia of those agencies.
       ``(E) State educational agency.--The term includes the 
     State educational agency in a State in which the State 
     educational agency is the sole educational agency for all 
     public schools.
       ``(29) Native american and native american language.--The 
     terms `Native American' and `Native American language' have 
     the same meaning given those terms in section 103 of the 
     Native American Languages Act of 1990.
       ``(30) Other staff.--The term `other staff' means 
     specialized instructional support personnel, librarians, 
     career guidance and counseling personnel, education aides, 
     and other instructional and administrative personnel.
       ``(31) Outlying area.--The term `outlying area'--
       ``(A) means American Samoa, the Commonwealth of the 
     Northern Mariana Islands, Guam, and the United States Virgin 
     Islands;
       ``(B) means the Republic of Palau, to the extent permitted 
     under section 105(f)(1)(B)(ix) of the Compact of Free 
     Association Amendments Act of 2003 (Public Law 99-658; 117 
     Stat. 2751) and until an agreement for the extension of 
     United States education assistance under the Compact of Free 
     Association becomes effective for the Republic of Palau; and
       ``(C) for the purpose of any discretionary grant program 
     under this Act, includes the Republic of the Marshall Islands 
     and the Federated States of Micronesia, to the extent 
     permitted under section 105(f)(1)(B)(viii) of the Compact of 
     Free Association Amendments Act of 2003 (Public Law 108-188; 
     117 Stat. 2751).
       ``(32) Parent.--The term `parent' includes a legal guardian 
     or other person standing in loco parentis (such as a 
     grandparent, stepparent, or foster parent with whom the child 
     lives, or a person who is legally responsible for the child's 
     welfare).
       ``(33) Parental involvement.--The term `parental 
     involvement' means the participation of parents in regular, 
     two-way, and meaningful communication involving student 
     academic learning and other school activities, including 
     ensuring--
       ``(A) that parents play an integral role in assisting in 
     their child's learning;
       ``(B) that parents are encouraged to be actively involved 
     in their child's education at school;
       ``(C) that parents are full partners in their child's 
     education and are included, as appropriate, in decisionmaking 
     and on advisory committees to assist in the education of 
     their child; and
       ``(D) the carrying out of other activities, such as those 
     described in section 1118.
       ``(34) Poverty line.--The term `poverty line' means the 
     poverty line (as defined by the Office of Management and 
     Budget and revised annually in accordance with section 673(2) 
     of the Community Services Block Grant Act) applicable to a 
     family of the size involved.
       ``(35) Professional development.--The term `professional 
     development'--
       ``(A) includes evidence-based, job-embedded, continuous 
     activities that--
       ``(i) improve and increase teachers' knowledge of the 
     academic subjects the teachers teach, and enable teachers to 
     become effective educators;
       ``(ii) are an integral part of broad schoolwide and 
     districtwide educational improvement plans;
       ``(iii) give teachers, school leaders, other staff, and 
     administrators the knowledge and skills to provide students 
     with the opportunity to meet State academic standards;
       ``(iv) improve classroom management skills;
       ``(v)(I) have a positive and lasting impact on classroom 
     instruction and the teacher's performance in the classroom; 
     and
       ``(II) are not 1-day or short-term workshops or 
     conferences;
       ``(vi) support the recruiting, hiring, and training of 
     effective teachers, including teachers who became certified 
     or licensed through State and local alternative routes to 
     certification;
       ``(vii) advance teacher understanding of effective 
     instructional strategies that are strategies for improving 
     student academic achievement or substantially increasing the 
     knowledge and teaching skills of teachers, including through 
     addressing the social and emotional development needs of 
     students;
       ``(viii) are aligned with and directly related to--

       ``(I) State academic standards and assessments; and
       ``(II) the curricula and programs tied to the standards 
     described in subclause (I);

       ``(ix) are developed with extensive participation of 
     teachers, school leaders, parents, and administrators of 
     schools to be served under this Act;
       ``(x) are designed to give teachers of English learners and 
     other teachers and instructional staff, the knowledge and 
     skills to provide instruction and appropriate language and 
     academic support services to those children, including the 
     appropriate use of curricula and assessments;
       ``(xi) to the extent appropriate, provide training for 
     teachers, other staff, and school leaders in the use of 
     technology so that technology and technology applications are 
     effectively used to improve teaching and learning in the 
     curricula and core academic subjects in which the students 
     receive instruction;
       ``(xii) as a whole, are regularly evaluated for their 
     impact on increased teacher effectiveness and improved 
     student academic achievement, with the findings of the 
     evaluations used to improve the quality of the professional 
     development;
       ``(xiii) provide instruction in methods of teaching 
     children with special needs;
       ``(xiv) include instruction in the use of data and 
     assessments to inform and instruct classroom practice; and
       ``(xv) include instruction in ways that teachers, school 
     leaders, specialized instructional support personnel, other 
     staff, and school administrators may work more effectively 
     with parents; and
       ``(B) may include evidence-based, job-embedded, continuous 
     activities that--
       ``(i) involve the forming of partnerships with institutions 
     of higher education to establish school-based teacher 
     training programs that provide prospective teachers and new 
     teachers with an opportunity to work under the guidance of 
     experienced teachers and college faculty;
       ``(ii) create programs to enable paraprofessionals 
     (assisting teachers employed by a local educational agency 
     receiving assistance under subpart 1 of part A of title I) to 
     obtain the education necessary for those paraprofessionals to 
     become certified and licensed teachers; and
       ``(iii) provide follow-up training to individuals who have 
     participated in activities described in subparagraph (A) or 
     another clause of this subparagraph that are designed to 
     ensure that the knowledge and skills learned by the teachers 
     are implemented in the classroom.
       ``(36) Regular high school diploma.--
       ``(A) In general.--The term `regular high school diploma' 
     means the standard high school diploma awarded to the 
     preponderance of students in the State that is fully aligned 
     with State standards, or a higher diploma. Such term shall 
     not include a GED or other recognized equivalent of a 
     diploma, a certificate of attendance, or any lesser diploma 
     award.
       ``(B) Exception for students with significant cognitive 
     disabilities.--For a student who is assessed using an 
     alternate assessment aligned to alternate academic standards 
     under section 1111(b)(1)(D), receipt of a regular high school 
     diploma as defined under subparagraph (A) or a State-defined 
     alternate diploma obtained within the time period for which 
     the State ensures the availability of a free appropriate 
     public education and in accordance with section 612(a)(1) of 
     the Individuals with Disabilities Education Act shall be 
     counted as graduating with a regular high school diploma for 
     the purposes of this Act.
       ``(37) School leader.--The term `school leader' means a 
     principal, assistant principal, or other individual who is--
       ``(A) an employee or officer of a school, local educational 
     agency, or other entity operating the school; and
       ``(B) responsible for--
       ``(i) the daily instructional leadership and managerial 
     operations of the school; and
       ``(ii) creating the optimum conditions for student 
     learning.
       ``(38) Secondary school.--The term `secondary school' means 
     a nonprofit institutional day or residential school, 
     including a public secondary charter school, that provides 
     secondary education, as determined under State law, except 
     that the term does not include any education beyond grade 12.
       ``(39) Secretary.--The term `Secretary' means the Secretary 
     of Education.
       ``(40) Specialized instructional support personnel; 
     specialized instructional support services.--
       ``(A) Specialized instructional support personnel.--The 
     term `specialized instructional support personnel' means 
     school counselors, school social workers, school 
     psychologists, and other qualified professional personnel 
     involved in providing assessment, diagnosis, counseling, 
     educational, therapeutic, and other necessary services 
     (including related services as that term is defined in 
     section 602 of the Individuals with Disabilities Education 
     Act) as part of a comprehensive program to meet student 
     needs.
       ``(B) Specialized instructional support services.--The term 
     `specialized instructional support services' means the 
     services provided by specialized instructional support 
     personnel.
       ``(41) State.--The term `State' means each of the 50 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, and each of the outlying areas.
       ``(42) State educational agency.--The term `State 
     educational agency' means the agency primarily responsible 
     for the State supervision of public elementary schools and 
     secondary schools.

[[Page 2732]]

       ``(43) Technology.--The term `technology' means modern 
     information, computer and communication technology products, 
     services, or tools, including, but not limited to, the 
     Internet and other communications networks, computer devices 
     and other computer and communications hardware, software 
     applications, data systems, and other electronic content and 
     data storage.

     ``SEC. 6102. APPLICABILITY OF TITLE.

       ``Parts B, C, D, and E of this title do not apply to title 
     IV of this Act.

     ``SEC. 6103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION 
                   OPERATED SCHOOLS.

       ``For the purpose of any competitive program under this 
     Act--
       ``(1) a consortium of schools operated by the Bureau of 
     Indian Education;
       ``(2) a school operated under a contract or grant with the 
     Bureau of Indian Education in consortium with another 
     contract or grant school or a tribal or community 
     organization; or
       ``(3) a Bureau of Indian Education school in consortium 
     with an institution of higher education, a contract or grant 
     school, or a tribal or community organization,

     shall be given the same consideration as a local educational 
     agency.

   ``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

     ``SEC. 6201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR 
                   ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.

       ``(a) Consolidation of Administrative Funds.--
       ``(1) In general.--A State educational agency may 
     consolidate the amounts specifically made available to it for 
     State administration under one or more of the programs under 
     paragraph (2).
       ``(2) Applicability.--This section applies to any program 
     under this Act under which funds are authorized to be used 
     for administration, and such other programs as the Secretary 
     may designate.
       ``(b) Use of Funds.--
       ``(1) In general.--A State educational agency shall use the 
     amount available under this section for the administration of 
     the programs included in the consolidation under subsection 
     (a).
       ``(2) Additional uses.--A State educational agency may also 
     use funds available under this section for administrative 
     activities designed to enhance the effective and coordinated 
     use of funds under programs included in the consolidation 
     under subsection (a), such as--
       ``(A) the coordination of those programs with other Federal 
     and non-Federal programs;
       ``(B) the establishment and operation of peer-review 
     mechanisms under this Act;
       ``(C) the administration of this title;
       ``(D) the dissemination of information regarding model 
     programs and practices;
       ``(E) technical assistance under any program under this 
     Act;
       ``(F) State-level activities designed to carry out this 
     title;
       ``(G) training personnel engaged in audit and other 
     monitoring activities; and
       ``(H) implementation of the Cooperative Audit Resolution 
     and Oversight Initiative of the Department.
       ``(c) Records.--A State educational agency that 
     consolidates administrative funds under this section shall 
     not be required to keep separate records, by individual 
     program, to account for costs relating to the administration 
     of programs included in the consolidation under subsection 
     (a).
       ``(d) Review.--To determine the effectiveness of State 
     administration under this section, the Secretary may 
     periodically review the performance of State educational 
     agencies in using consolidated administrative funds under 
     this section and take such steps as the Secretary finds 
     appropriate to ensure the effectiveness of that 
     administration.
       ``(e) Unused Administrative Funds.--If a State educational 
     agency does not use all of the funds available to the agency 
     under this section for administration, the agency may use 
     those funds during the applicable period of availability as 
     funds available under one or more programs included in the 
     consolidation under subsection (a).
       ``(f) Consolidation of Funds for Standards and Assessment 
     Development.--In order to develop State academic standards 
     and assessments, a State educational agency may consolidate 
     the amounts described in subsection (a) for those purposes 
     under title I.

     ``SEC. 6202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

       ``A State educational agency that also serves as a local 
     educational agency shall, in its applications or plans under 
     this Act, describe how the agency will eliminate duplication 
     in conducting administrative functions.

     ``SEC. 6203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

       ``(a) General Authority.--In accordance with regulations of 
     the Secretary and for any fiscal year, a local educational 
     agency, with the approval of its State educational agency, 
     may consolidate and use for the administration of one or more 
     programs under this Act (or such other programs as the 
     Secretary shall designate) not more than the percentage, 
     established in each program, of the total available for the 
     local educational agency under those programs.
       ``(b) State Procedures.--A State educational agency shall, 
     in collaboration with local educational agencies in the 
     State, establish procedures for responding to requests from 
     local educational agencies to consolidate administrative 
     funds under subsection (a) and for establishing limitations 
     on the amount of funds under those programs that may be used 
     for administration on a consolidated basis.
       ``(c) Conditions.--A local educational agency that 
     consolidates administrative funds under this section for any 
     fiscal year shall not use any other funds under the programs 
     included in the consolidation for administration for that 
     fiscal year.
       ``(d) Uses of Administrative Funds.--A local educational 
     agency that consolidates administrative funds under this 
     section may use the consolidated funds for the administration 
     of the programs and for uses, at the school district and 
     school levels, comparable to those described in section 
     6201(b)(2).
       ``(e) Records.--A local educational agency that 
     consolidates administrative funds under this section shall 
     not be required to keep separate records, by individual 
     program, to account for costs relating to the administration 
     of the programs included in the consolidation.

     ``SEC. 6204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE 
                   INTERIOR FUNDS.

       ``(a) General Authority.--
       ``(1) Transfer.--The Secretary shall transfer to the 
     Department of the Interior, as a consolidated amount for 
     covered programs, the Indian education programs under part A 
     of title V, and the education for homeless children and youth 
     program under subtitle B of title VII of the McKinney-Vento 
     Homeless Assistance Act, the amounts allotted to the 
     Department of the Interior under those programs.
       ``(2) Agreement.--
       ``(A) In general.--The Secretary and the Secretary of the 
     Interior shall enter into an agreement, consistent with the 
     requirements of the programs specified in paragraph (1), for 
     the distribution and use of those program funds under terms 
     that the Secretary determines best meet the purposes of those 
     programs.
       ``(B) Contents.--The agreement shall--
       ``(i) set forth the plans of the Secretary of the Interior 
     for the use of the amount transferred and the achievement 
     measures to assess program effectiveness; and
       ``(ii) be developed in consultation with Indian tribes.
       ``(b) Administration.--The Department of the Interior may 
     use not more than 1.5 percent of the funds consolidated under 
     this section for its costs related to the administration of 
     the funds transferred under this section.

``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS 
                            AND APPLICATIONS

     ``SEC. 6301. PURPOSES.

       ``The purposes of this part are--
       ``(1) to improve teaching and learning by encouraging 
     greater cross-program coordination, planning, and service 
     delivery;
       ``(2) to provide greater flexibility to State and local 
     authorities through consolidated plans, applications, and 
     reporting; and
       ``(3) to enhance the integration of programs under this Act 
     with State and local programs.

     ``SEC. 6302. OPTIONAL CONSOLIDATED STATE PLANS OR 
                   APPLICATIONS.

       ``(a) General Authority.--
       ``(1) Simplification.--In order to simplify application 
     requirements and reduce the burden for State educational 
     agencies under this Act, the Secretary, in accordance with 
     subsection (b), shall establish procedures and criteria under 
     which, after consultation with the Governor, a State 
     educational agency may submit a consolidated State plan or a 
     consolidated State application meeting the requirements of 
     this section for--
       ``(A) each of the covered programs in which the State 
     participates; and
       ``(B) such other programs as the Secretary may designate.
       ``(2) Consolidated applications and plans.--After 
     consultation with the Governor, a State educational agency 
     that submits a consolidated State plan or a consolidated 
     State application under this section shall not be required to 
     submit separate State plans or applications under any of the 
     programs to which the consolidated State plan or consolidated 
     State application under this section applies.
       ``(b) Collaboration.--
       ``(1) In general.--In establishing criteria and procedures 
     under this section, the Secretary shall collaborate with 
     State educational agencies and, as appropriate, with other 
     State agencies, local educational agencies, public and 
     private agencies, organizations, and institutions, private 
     schools, and parents, students, and teachers.
       ``(2) Contents.--Through the collaborative process 
     described in paragraph (1), the Secretary shall establish, 
     for each program under this Act to which this section 
     applies, the descriptions, information, assurances, and other 
     material required to be included in a consolidated State plan 
     or consolidated State application.
       ``(3) Necessary materials.--The Secretary shall require 
     only descriptions, information, assurances (including 
     assurances of compliance with applicable provisions regarding 
     participation by private school children and teachers), and 
     other materials that are absolutely necessary for the 
     consideration of the consolidated State plan or consolidated 
     State application.

     ``SEC. 6303. CONSOLIDATED REPORTING.

       ``(a) In General.--In order to simplify reporting 
     requirements and reduce reporting burdens, the Secretary 
     shall establish procedures and criteria under which a State 
     educational agency,

[[Page 2733]]

     in consultation with the Governor of the State, may submit a 
     consolidated State annual report.
       ``(b) Contents.--The report shall contain information about 
     the programs included in the report, including the 
     performance of the State under those programs, and other 
     matters as the Secretary determines are necessary, such as 
     monitoring activities.
       ``(c) Replacement.--The report shall replace separate 
     individual annual reports for the programs included in the 
     consolidated State annual report.

     ``SEC. 6304. GENERAL APPLICABILITY OF STATE EDUCATIONAL 
                   AGENCY ASSURANCES.

       ``(a) Assurances.--A State educational agency, in 
     consultation with the Governor of the State, that submits a 
     consolidated State plan or consolidated State application 
     under this Act, whether separately or under section 6302, 
     shall have on file with the Secretary a single set of 
     assurances, applicable to each program for which the plan or 
     application is submitted, that provides that--
       ``(1) each such program will be administered in accordance 
     with all applicable statutes, regulations, program plans, and 
     applications;
       ``(2)(A) the control of funds provided under each such 
     program and title to property acquired with program funds 
     will be in a public agency, an eligible private agency, 
     institution, or organization, or an Indian tribe, if the law 
     authorizing the program provides for assistance to those 
     entities; and
       ``(B) the public agency, eligible private agency, 
     institution, or organization, or Indian tribe will administer 
     those funds and property to the extent required by the 
     authorizing law;
       ``(3) the State will adopt and use proper methods of 
     administering each such program, including--
       ``(A) the enforcement of any obligations imposed by law on 
     agencies, institutions, organizations, and other recipients 
     responsible for carrying out each program;
       ``(B) the correction of deficiencies in program operations 
     that are identified through audits, monitoring, or 
     evaluation; and
       ``(C) the adoption of written procedures for the receipt 
     and resolution of complaints alleging violations of law in 
     the administration of the programs;
       ``(4) the State will cooperate in carrying out any 
     evaluation of each such program conducted by or for the 
     Secretary or other Federal officials;
       ``(5) the State will use such fiscal control and fund 
     accounting procedures that will ensure proper disbursement 
     of, and accounting for, Federal funds paid to the State under 
     each such program;
       ``(6) the State will--
       ``(A) make reports to the Secretary as may be necessary to 
     enable the Secretary to perform the Secretary's duties under 
     each such program; and
       ``(B) maintain such records, provide such information to 
     the Secretary, and afford such access to the records as the 
     Secretary may find necessary to carry out the Secretary's 
     duties; and
       ``(7) before the plan or application was submitted to the 
     Secretary, the State afforded a reasonable opportunity for 
     public comment on the plan or application and considered such 
     comment.
       ``(b) GEPA Provision.--Section 441 of the General Education 
     Provisions Act shall not apply to programs under this Act.

     ``SEC. 6305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.

       ``(a) General Authority.--
       ``(1) Consolidated plan.--A local educational agency 
     receiving funds under more than one covered program may 
     submit plans or applications to the State educational agency 
     under those programs on a consolidated basis.
       ``(2) Availability to governor.--The State educational 
     agency shall make any consolidated local plans and 
     applications available to the Governor.
       ``(b) Required Consolidated Plans or Applications.--A State 
     educational agency that has an approved consolidated State 
     plan or application under section 6302 may require local 
     educational agencies in the State receiving funds under more 
     than one program included in the consolidated State plan or 
     consolidated State application to submit consolidated local 
     plans or applications under those programs, but may not 
     require those agencies to submit separate plans.
       ``(c) Collaboration.--A State educational agency, in 
     consultation with the Governor, shall collaborate with local 
     educational agencies in the State in establishing procedures 
     for the submission of the consolidated State plans or 
     consolidated State applications under this section.
       ``(d) Necessary Materials.--The State educational agency 
     shall require only descriptions, information, assurances, and 
     other material that are absolutely necessary for the 
     consideration of the local educational agency plan or 
     application.

     ``SEC. 6306. OTHER GENERAL ASSURANCES.

       ``(a) Assurances.--Any applicant, other than a State 
     educational agency that submits a plan or application under 
     this Act, shall have on file with the State educational 
     agency a single set of assurances, applicable to each program 
     for which a plan or application is submitted, that provides 
     that--
       ``(1) each such program will be administered in accordance 
     with all applicable statutes, regulations, program plans, and 
     applications;
       ``(2)(A) the control of funds provided under each such 
     program and title to property acquired with program funds 
     will be in a public agency or in an eligible private agency, 
     institution, organization, or Indian tribe, if the law 
     authorizing the program provides for assistance to those 
     entities; and
       ``(B) the public agency, eligible private agency, 
     institution, or organization, or Indian tribe will administer 
     the funds and property to the extent required by the 
     authorizing statutes;
       ``(3) the applicant will adopt and use proper methods of 
     administering each such program, including--
       ``(A) the enforcement of any obligations imposed by law on 
     agencies, institutions, organizations, and other recipients 
     responsible for carrying out each program; and
       ``(B) the correction of deficiencies in program operations 
     that are identified through audits, monitoring, or 
     evaluation;
       ``(4) the applicant will cooperate in carrying out any 
     evaluation of each such program conducted by or for the State 
     educational agency, the Secretary, or other Federal 
     officials;
       ``(5) the applicant will use such fiscal control and fund 
     accounting procedures as will ensure proper disbursement of, 
     and accounting for, Federal funds paid to the applicant under 
     each such program;
       ``(6) the applicant will--
       ``(A) submit such reports to the State educational agency 
     (which shall make the reports available to the Governor) and 
     the Secretary as the State educational agency and Secretary 
     may require to enable the State educational agency and the 
     Secretary to perform their duties under each such program; 
     and
       ``(B) maintain such records, provide such information, and 
     afford such access to the records as the State educational 
     agency (after consultation with the Governor) or the 
     Secretary may reasonably require to carry out the State 
     educational agency's or the Secretary's duties; and
       ``(7) before the application was submitted, the applicant 
     afforded a reasonable opportunity for public comment on the 
     application and considered such comment.
       ``(b) GEPA Provision.--Section 442 of the General Education 
     Provisions Act shall not apply to programs under this Act.

                           ``PART D--WAIVERS

     ``SEC. 6401. WAIVERS OF STATUTORY AND REGULATORY 
                   REQUIREMENTS.

       ``(a) In General.--
       ``(1) Request for waiver.--A State educational agency, 
     local educational agency, or Indian tribe that receives funds 
     under a program authorized under this Act may submit a 
     request to the Secretary to waive any statutory or regulatory 
     requirement of this Act.
       ``(2) Receipt of waiver.--Except as provided in subsection 
     (c) and subject to the limits in subsection (b)(5)(A), the 
     Secretary shall waive any statutory or regulatory requirement 
     of this Act for a State educational agency, local educational 
     agency, Indian tribe, or school (through a local educational 
     agency), that submits a waiver request pursuant to this 
     subsection.
       ``(b) Plan.--
       ``(1) In general.--A State educational agency, local 
     educational agency, or Indian tribe that desires a waiver 
     under this section shall submit a waiver request to the 
     Secretary, which shall include a plan that--
       ``(A) identifies the Federal programs affected by the 
     requested waiver;
       ``(B) describes which Federal statutory or regulatory 
     requirements are to be waived;
       ``(C) reasonably demonstrates that the waiver will improve 
     instruction for students and advance student academic 
     achievement;
       ``(D) describes the methods the State educational agency, 
     local educational agency, or Indian tribe will use to monitor 
     the effectiveness of the implementation of the plan; and
       ``(E) describes how schools will continue to provide 
     assistance to the same populations served by programs for 
     which the waiver is requested.
       ``(2) Additional information.--A waiver request under this 
     section--
       ``(A) may provide for waivers of requirements applicable to 
     State educational agencies, local educational agencies, 
     Indian tribes, and schools; and
       ``(B) shall be developed and submitted--
       ``(i)(I) by local educational agencies (on behalf of those 
     agencies and schools) to State educational agencies; and
       ``(II) by State educational agencies (on their own behalf, 
     or on behalf of, and based on the requests of, local 
     educational agencies in the State) to the Secretary; or
       ``(ii) by Indian tribes (on behalf of schools operated by 
     the tribes) to the Secretary.
       ``(3) General requirements.--
       ``(A) State educational agencies.--In the case of a waiver 
     request submitted by a State educational agency acting on its 
     own behalf, or on behalf of local educational agencies in the 
     State, the State educational agency shall--
       ``(i) provide the public and local educational agencies in 
     the State with notice and a reasonable opportunity to comment 
     and provide input on the request;
       ``(ii) submit the comments and input to the Secretary, with 
     a description of how the State addressed the comments and 
     input; and
       ``(iii) provide notice and a reasonable time to comment to 
     the public and local educational agencies in the manner in 
     which the applying agency customarily provides similar notice 
     and opportunity to comment to the public.
       ``(B) Local educational agencies.--In the case of a waiver 
     request submitted by a local educational agency that receives 
     funds under this Act--

[[Page 2734]]

       ``(i) the request shall be reviewed by the State 
     educational agency and be accompanied by the comments, if 
     any, of the State educational agency and the public; and
       ``(ii) notice and a reasonable opportunity to comment 
     regarding the waiver request shall be provided to the State 
     educational agency and the public by the agency requesting 
     the waiver in the manner in which that agency customarily 
     provides similar notice and opportunity to comment to the 
     public.
       ``(4) Peer review.--
       ``(A) Establishment.--The Secretary shall establish a 
     multi-disciplinary peer review team, which shall meet the 
     requirements of section 6543, to review waiver requests under 
     this section.
       ``(B) Applicability.--The Secretary may approve a waiver 
     request under this section without conducting a peer review 
     of the request, but shall use the peer review process under 
     this paragraph before disapproving such a request.
       ``(C) Standard and nature of review.--Peer reviewers shall 
     conduct a good faith review of waiver requests submitted to 
     them under this section. Peer reviewers shall review such 
     waiver requests--
       ``(i) in their totality;
       ``(ii) in deference to State and local judgment; and
       ``(iii) with the goal of promoting State- and local-led 
     innovation.
       ``(5) Waiver determination, demonstration, and revision.--
       ``(A) In general.--The Secretary shall approve a waiver 
     request not more than 60 days after the date on which such 
     request is submitted, unless the Secretary determines and 
     demonstrates that--
       ``(i) the waiver request does not meet the requirements of 
     this section;
       ``(ii) the waiver is not permitted under subsection (c);
       ``(iii) the plan that is required under paragraph (1)(C), 
     and reviewed with deference to State and local judgment, 
     provides no reasonable evidence to determine that a waiver 
     will enhance student academic achievement; or
       ``(iv) the waiver request does not provide for adequate 
     evaluation to ensure review and continuous improvement of the 
     plan.
       ``(B) Waiver determination and revision.--If the Secretary 
     determines and demonstrates that the waiver request does not 
     meet the requirements of this section, the Secretary shall--
       ``(i) immediately--

       ``(I) notify the State educational agency, local 
     educational agency, or Indian tribe of such determination; 
     and
       ``(II) at the request of the State educational agency, 
     local educational agency, or Indian tribe, provide detailed 
     reasons for such determination in writing;

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

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

       ``(D) External conditions.--The Secretary shall not, 
     directly or indirectly, require or impose new or additional 
     requirements in exchange for receipt of a waiver if such 
     requirements are not specified in this Act.
       ``(c) Restrictions.--The Secretary shall not waive under 
     this section any statutory or regulatory requirements 
     relating to--
       ``(1) the allocation or distribution of funds to States, 
     local educational agencies, Indian tribes, or other 
     recipients of funds under this Act;
       ``(2) comparability of services;
       ``(3) use of Federal funds to supplement, not supplant, 
     non-Federal funds;
       ``(4) equitable participation of private school students 
     and teachers;
       ``(5) parental participation and involvement;
       ``(6) applicable civil rights requirements;
       ``(7) the prohibitions--
       ``(A) in subpart 2 of part E;
       ``(B) regarding use of funds for religious worship or 
     instruction in section 6505; and
       ``(C) regarding activities in section 6524; or
       ``(8) the selection of a school attendance area or school 
     under subsections (a) and (b) of section 1113, except that 
     the Secretary may grant a waiver to allow a school attendance 
     area or school to participate in activities under subpart 1 
     of part A of title I if the percentage of children from low-
     income families in the school attendance area or who attend 
     the school is not more than 10 percentage points below the 
     lowest percentage of those children for any school attendance 
     area or school of the local educational agency that meets the 
     requirements of subsections (a) and (b) of section 1113.
       ``(d) Duration and Extension of Waiver; Limitations.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     waiver approved by the Secretary under this section may be 
     for a period not to exceed 3 years.
       ``(2) Extension.--The Secretary may extend the period 
     described in paragraph (1) if the State demonstrates that--
       ``(A) the waiver has been effective in enabling the State 
     or affected recipient to carry out the activities for which 
     the waiver was requested and the waiver has contributed to 
     improved student achievement; and
       ``(B) the extension is in the public interest.
       ``(3) Specific limitations.--The Secretary shall not 
     require a State educational agency, local educational agency, 
     or Indian tribe, as a condition of approval of a waiver 
     request, to--
       ``(A) include in, or delete from, such request, specific 
     academic standards, such as the Common Core State Standards 
     developed under the Common Core State Standards Initiative or 
     any other standards common to a significant number of States;
       ``(B) use specific academic assessment instruments or 
     items, including assessments aligned to the standards 
     described in subparagraph (A); or
       ``(C) include in, or delete from, such waiver request any 
     criterion that specifies, defines, describes, or prescribes 
     the standards or measures that a State or local educational 
     agency or Indian tribe uses to establish, implement, or 
     improve--
       ``(i) State academic standards;
       ``(ii) academic assessments;
       ``(iii) State accountability systems; or
       ``(iv) teacher and school leader evaluation systems.
       ``(e) Reports.--
       ``(1) Waiver reports.--A State educational agency, local 
     educational agency, or Indian tribe that receives a waiver 
     under this section shall, at the end of the second year for 
     which a waiver is received under this section and each 
     subsequent year, submit a report to the Secretary that--
       ``(A) describes the uses of the waiver by the agency or by 
     schools;
       ``(B) describes how schools continued to provide assistance 
     to the same populations served by the programs for which 
     waivers were granted; and
       ``(C) evaluates the progress of the agency and schools, or 
     Indian tribe, in improving the quality of instruction or the 
     academic achievement of students.
       ``(2) Report to congress.--The Secretary shall annually 
     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 a report--
       ``(A) summarizing the uses of waivers by State educational 
     agencies, local educational agencies, Indian tribes, and 
     schools; and
       ``(B) describing the status of the waivers in improving 
     academic achievement.
       ``(f) Termination of Waivers.--The Secretary shall 
     terminate a waiver under this section if the Secretary 
     determines, after notice and an opportunity for a hearing, 
     that the performance of the State or other recipient affected 
     by the waiver has been inadequate to justify a continuation 
     of the waiver and the recipient of the waiver has failed to 
     make revisions needed to carry out the purpose of the waiver, 
     or if the waiver is no longer necessary to achieve its 
     original purpose.
       ``(g) Publication.--A notice of the Secretary's decision to 
     grant each waiver under subsection (a) shall be published in 
     the Federal Register and the Secretary shall provide for the 
     dissemination of the notice to State educational agencies, 
     interested parties, including educators, parents, students, 
     advocacy and civil rights organizations, and the public.

                      ``PART E--UNIFORM PROVISIONS

                      ``Subpart 1--Private Schools

     ``SEC. 6501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND 
                   TEACHERS.

       ``(a) Private School Participation.--
       ``(1) In general.--Except as otherwise provided in this 
     Act, to the extent consistent with the number of eligible 
     children in areas served by a State educational agency, local 
     educational agency, educational service agency, consortium of 
     those agencies, or another entity receiving financial 
     assistance under a program specified in subsection (b), who 
     are enrolled in private elementary schools and secondary 
     schools in areas served by such agency, consortium, or 
     entity, the agency, consortium, or entity shall, after timely 
     and meaningful consultation with appropriate private school 
     officials or their representatives, provide to those children 
     and their teachers or other educational personnel, on an 
     equitable basis, special educational services or other 
     benefits that address their needs under the program.
       ``(2) Secular, neutral, and nonideological services or 
     benefits.--Educational services or other benefits, including 
     materials and equipment, provided under this section, shall 
     be secular, neutral, and nonideological.
       ``(3) Special rule.--
       ``(A) In general.--Educational services and other benefits 
     provided under this section for private school children, 
     teachers, and other educational personnel shall be equitable 
     in comparison to services and other benefits for public 
     school children, teachers, and other educational personnel 
     participating in the program and shall be provided in a 
     timely manner.
       ``(B) Ombudsman.--To help ensure equitable services are 
     provided to private school children,

[[Page 2735]]

     teachers, and other educational personnel under this section, 
     the State educational agency involved shall designate the 
     ombudsman designated by the agency under section 
     1120(a)(3)(B) to monitor and enforce requirements of this 
     section.
       ``(4) Expenditures.--
       ``(A) In general.--Expenditures for educational services 
     and other benefits to eligible private school children, 
     teachers, and other service personnel shall be equal to the 
     expenditures for participating public school children, taking 
     into account the number and educational needs, of the 
     children to be served.
       ``(B) Obligation of funds.--Funds allocated to a local 
     educational agency for educational services and other 
     benefits to eligible private school children shall--
       ``(i) be obligated in the fiscal year for which the funds 
     are received by the agency; and
       ``(ii) with respect to any such funds that cannot be so 
     obligated, be used to serve such children in the following 
     fiscal year.
       ``(C) Notice of allocation.--Each State educational agency 
     shall--
       ``(i) determine, in a timely manner, the proportion of 
     funds to be allocated to each local educational agency in the 
     State for educational services and other benefits under this 
     subpart to eligible private school children; and
       ``(ii) provide notice, simultaneously, to each such local 
     educational agency and the appropriate private school 
     officials or their representatives in the State of such 
     allocation of funds.
       ``(5) Provision of services.--An agency, consortium, or 
     entity described in subsection (a)(1) of this section may 
     provide those services directly or through contracts with 
     public and private agencies, organizations, and institutions.
       ``(b) Applicability.--
       ``(1) In general.--This section applies to programs under--
       ``(A) subpart 2 of part A of title I;
       ``(B) subpart 4 of part A of title I;
       ``(C) part A of title II;
       ``(D) part B of title II; and
       ``(E) part B of title III.
       ``(2) Definition.--For the purpose of this section, the 
     term `eligible children' means children eligible for services 
     under a program described in paragraph (1).
       ``(c) Consultation.--
       ``(1) In general.--To ensure timely and meaningful 
     consultation, a State educational agency, local educational 
     agency, educational service agency, consortium of those 
     agencies, or entity shall consult, in order to reach an 
     agreement, with appropriate private school officials or their 
     representatives during the design and development of the 
     programs under this Act, on issues such as--
       ``(A) how the children's needs will be identified;
       ``(B) what services will be offered;
       ``(C) how, where, and by whom the services will be 
     provided;
       ``(D) how the services will be assessed and how the results 
     of the assessment will be used to improve those services;
       ``(E) the size and scope of the equitable services to be 
     provided to the eligible private school children, teachers, 
     and other educational personnel, the proportion of funds that 
     are allocated for such services, how that proportion of funds 
     is determined, and an itemization of the costs of the 
     services to be provided;
       ``(F) how and when the agency, consortium, or entity will 
     make decisions about the delivery of services, including a 
     thorough consideration and analysis of the views of the 
     private school officials or their representatives on the 
     provision of services through potential third-party providers 
     or contractors;
       ``(G) how, if the agency disagrees with the views of the 
     private school officials or their representatives on the 
     provision of services through a contract, the local 
     educational agency will provide in writing to such private 
     school officials or their representatives an analysis of the 
     reasons why the local educational agency has chosen not to 
     use a contractor;
       ``(H) whether the agency will provide services under this 
     section directly or through contracts with public or private 
     agencies, organizations, or institutions; and
       ``(I) whether to provide equitable services to eligible 
     private school children--
       ``(i) by creating a pool or pools of funds with all of the 
     funds allocated under subsection (a)(4) based on all the 
     children from low-income families who attend private schools 
     in a participating school attendance area from which the 
     local educational agency will provide such services to all 
     such children; or
       ``(ii) by providing such services to eligible children in 
     each private school in the local educational agency's 
     participating school attendance area with the proportion of 
     funds allocated under subsection (a)(4) based on the number 
     of children from low-income families who attend such school.
       ``(2) Disagreement.--If the agency, consortium, or entity 
     disagrees with the views of the private school officials or 
     their representatives with respect to an issue described in 
     paragraph (1), the agency, consortium, or entity shall 
     provide to the private school officials or their 
     representatives a written explanation of the reasons why the 
     local educational agency has chosen not to adopt the course 
     of action requested by such officials or their 
     representatives.
       ``(3) Timing.--The consultation required by paragraph (1) 
     shall occur before the agency, consortium, or entity makes 
     any decision that affects the opportunities of eligible 
     private school children, teachers, and other educational 
     personnel to participate in programs under this Act, and 
     shall continue throughout the implementation and assessment 
     of activities under this section.
       ``(4) Discussion required.--The consultation required by 
     paragraph (1) shall include a discussion of service delivery 
     mechanisms that the agency, consortium, or entity could use 
     to provide equitable services to eligible private school 
     children, teachers, administrators, and other staff.
       ``(5) Documentation.--Each local educational agency shall 
     maintain in the agency's records and provide to the State 
     educational agency involved a written affirmation signed by 
     officials or their representatives of each participating 
     private school that the meaningful consultation required by 
     this section has occurred. The written affirmation shall 
     provide the option for private school officials or their 
     representatives to indicate that timely and meaningful 
     consultation has not occurred or that the program design is 
     not equitable with respect to eligible private school 
     children. If such officials or their representatives do not 
     provide such affirmation within a reasonable period of time, 
     the local educational agency shall forward the documentation 
     that such consultation has, or attempts at such consultation 
     have, taken place to the State educational agency.
       ``(6) Compliance.--
       ``(A) In general.--If the consultation required under this 
     section is with a local educational agency or educational 
     service agency, a private school official or representative 
     shall have the right to file a complaint with the State 
     educational agency that the consultation required under this 
     section was not meaningful and timely, did not give due 
     consideration to the views of the private school official or 
     representative, or did not treat the private school or its 
     students equitably as required by this section.
       ``(B) Procedure.--If the private school official or 
     representative wishes to file a complaint, the private school 
     official or representative shall provide the basis of the 
     noncompliance with this section and all parties shall provide 
     the appropriate documentation to the appropriate officials or 
     representatives.
       ``(C) Services.--A State educational agency shall provide 
     services under this section directly or through contracts 
     with public and private agencies, organizations, and 
     institutions, if--
       ``(i) the appropriate private school officials or their 
     representatives have--

       ``(I) requested that the State educational agency provide 
     such services directly; and
       ``(II) demonstrated that the local educational agency or 
     Education Service Agency involved has not met the 
     requirements of this section; or

       ``(ii) in a case in which--

       ``(I) a local educational agency has more than 10,000 
     children from low-income families who attend private 
     elementary schools or secondary schools in such agency's 
     school attendance areas, as defined in section 1113(a)(2)(A), 
     that are not being served by the agency's program under this 
     section; or
       ``(II) 90 percent of the eligible private school students 
     in a school attendance area, as defined in section 
     1113(a)(2)(A), are not being served by the agency's program 
     under this section.

       ``(d) Public Control of Funds.--
       ``(1) In general.--The control of funds used to provide 
     services under this section, and title to materials, 
     equipment, and property purchased with those funds, shall be 
     in a public agency for the uses and purposes provided in this 
     Act, and a public agency shall administer the funds and 
     property.
       ``(2) Provision of services.--
       ``(A) In general.--The provision of services under this 
     section shall be provided--
       ``(i) by employees of a public agency; or
       ``(ii) through contract by the public agency with an 
     individual, association, agency, organization, or other 
     entity.
       ``(B) Independence; public agency.--In the provision of 
     those services, the employee, person, association, agency, 
     organization, or other entity shall be independent of the 
     private school and of any religious organization, and the 
     employment or contract shall be under the control and 
     supervision of the public agency.
       ``(C) Commingling of funds prohibited.--Funds used to 
     provide services under this section shall not be commingled 
     with non-Federal funds.

     ``SEC. 6502. STANDARDS FOR BY-PASS.

       ``(a) In General.--If, by reason of any provision of law, a 
     State educational agency, local educational agency, 
     educational service agency, consortium of those agencies, or 
     other entity is prohibited from providing for the 
     participation in programs of children enrolled in, or 
     teachers or other educational personnel from, private 
     elementary schools and secondary schools, on an equitable 
     basis, or if the Secretary determines that the agency, 
     consortium, or entity has substantially failed or is 
     unwilling to provide for that participation, as required by 
     section 6501, the Secretary shall--
       ``(1) waive the requirements of that section for the 
     agency, consortium, or entity; and
       ``(2) arrange for the provision of equitable services to 
     those children, teachers, or other educational personnel 
     through arrangements that shall be subject to the 
     requirements of this section and of sections 6501, 6503, and 
     6504.
       ``(b) Determination.--In making the determination under 
     subsection (a), the Secretary shall consider one or more 
     factors, including the quality, size, scope, and location of 
     the program, and the opportunity of private school children, 
     teachers, and other educational personnel to participate in 
     the program.

[[Page 2736]]



     ``SEC. 6503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE 
                   SCHOOL CHILDREN.

       ``(a) Procedures for Complaints.--The Secretary shall 
     develop and implement written procedures for receiving, 
     investigating, and resolving complaints from parents, 
     teachers, or other individuals and organizations concerning 
     violations of section 6501 by a State educational agency, 
     local educational agency, educational service agency, 
     consortium of those agencies, or entity. The individual or 
     organization shall submit the complaint to the State 
     educational agency for a written resolution by the State 
     educational agency within 45 days.
       ``(b) Appeals to Secretary.--The resolution may be appealed 
     by an interested party to the Secretary not later than 30 
     days after the State educational agency resolves the 
     complaint or fails to resolve the complaint within the 45-day 
     time limit. The appeal shall be accompanied by a copy of the 
     State educational agency's resolution, and, if there is one, 
     a complete statement of the reasons supporting the appeal. 
     The Secretary shall investigate and resolve the appeal not 
     later than 90 days after receipt of the appeal.

                       ``Subpart 2--Prohibitions

     ``SEC. 6521. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, 
                   OR CONTROL.

       ``(a) In General.--No officer or employee of the Federal 
     Government shall, directly or indirectly, through grants, 
     contracts, or other cooperative agreements, mandate, direct, 
     incentivize, or control a State, local educational agency, or 
     school's specific instructional content, academic standards 
     and assessments, curricula, or program of instruction, 
     (including any requirement, direction, incentive, or mandate 
     to adopt the Common Core State Standards developed under the 
     Common Core State Standards Initiative or any other academic 
     standards common to a significant number of States), nor 
     shall anything in this Act be construed to authorize such 
     officer or employee to do so.
       ``(b) Financial Support.--No officer or employee of the 
     Federal Government shall, directly or indirectly, through 
     grants, contracts, or other cooperative agreements, make 
     financial support available in a manner that is conditioned 
     upon a State, local educational agency, or school's adoption 
     of specific instructional content, academic standards and 
     assessments, curriculum, or program of instruction, 
     (including any requirement, direction, or mandate to adopt 
     the Common Core State Standards developed under the Common 
     Core State Standards Initiative, any other academic standards 
     common to a significant number of States, or any assessment, 
     instructional content, or curriculum aligned to such 
     standards), even if such requirements are specified in an Act 
     other than this Act, nor shall anything in this Act be 
     construed to authorize such officer or employee to do so.

     ``SEC. 6522. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF 
                   FEDERAL FUNDS.

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

     ``SEC. 6523. PROHIBITION ON FEDERALLY SPONSORED TESTING.

       ``(a) General Prohibition.--Notwithstanding any other 
     provision of Federal law and except as provided in subsection 
     (b), no funds provided under this Act to the Secretary or to 
     the recipient of any award may be used to develop, pilot 
     test, field test, implement, administer, or distribute any 
     federally sponsored national test or testing materials in 
     reading, mathematics, or any other subject, unless 
     specifically and explicitly authorized by law.
       ``(b) Exceptions.--Subsection (a) shall not apply to 
     international comparative assessments developed under the 
     authority of section 153(a)(5) of the Education Sciences 
     Reform Act of 2002 and administered to only a representative 
     sample of pupils in the United States and in foreign nations.

     ``SEC. 6524. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION 
                   FOR TEACHERS.

       ``(a) Mandatory National Testing or Certification of 
     Teachers.--Notwithstanding any other provision of this Act or 
     any other provision of law, no funds available to the 
     Department or otherwise available under this Act may be used 
     for any purpose relating to a mandatory nationwide test or 
     certification of teachers or education paraprofessionals, 
     including any planning, development, implementation, or 
     administration of such test or certification.
       ``(b) Prohibition on Withholding Funds.--The Secretary is 
     prohibited from withholding funds from any State educational 
     agency or local educational agency if the State educational 
     agency or local educational agency fails to adopt a specific 
     method of teacher or paraprofessional certification.

     ``SEC. 6525. PROHIBITED USES OF FUNDS.

       ``No funds under this Act may be used--
       ``(1) for construction, renovation, or repair of any school 
     facility, except as authorized under title IV or otherwise 
     authorized under this Act;
       ``(2) for medical services, drug treatment or 
     rehabilitation, except for specialized instructional support 
     services or referral to treatment for students who are 
     victims of, or witnesses to, crime or who illegally use 
     drugs;
       ``(3) for transportation unless otherwise authorized under 
     this Act;
       ``(4) to develop or distribute materials, or operate 
     programs or courses of instruction directed at youth, that 
     are designed to promote or encourage sexual activity, or 
     normalize teen sexual activity as an expected behavior, 
     implicitly or explicitly, whether homosexual or heterosexual;
       ``(5) to distribute or to aid in the distribution on school 
     grounds by any organization of legally obscene materials to 
     minors or any instruction or materials that normalize teen 
     sexual activity as an expected behavior;
       ``(6) to provide sex education or HIV-prevention education 
     in schools unless that instruction is age appropriate and 
     includes the health benefits of abstinence; or
       ``(7) to operate a program of contraceptive distribution in 
     schools.

     ``SEC. 6529. PROHIBITION REGARDING STATE AID.

       ``A State shall not take into consideration payments under 
     this Act (other than under title IV) in determining the 
     eligibility of any local educational agency in that State for 
     State aid, or the amount of State aid, with respect to free 
     public education of children.

     ``SEC. 6530. PROHIBITION ON REQUIRING STATE PARTICIPATION.

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

     ``SEC. 6531. LOCAL CONTROL.

       ``The Secretary shall not--
       ``(1) impose any requirements or exercise any governance or 
     authority over school administration, including the 
     development and expenditure of school budgets, unless 
     explicitly authorized under this Act;
       ``(2) issue any regulations or non-regulatory guidance 
     without first consulting with local stakeholders and fairly 
     addressing their concerns; or
       ``(3) deny any local educational agency the right to object 
     to any administrative requirement, including actions that 
     place additional burdens or cost on the local educational 
     agency.

     ``SEC. 6532. SCHOOLCHILDREN'S PROTECTION FROM ABORTION 
                   PROVIDERS

       ``(a) Limitation on Funding.--Notwithstanding section 6102, 
     no funds under this Act may e used by any State educational 
     agency or local educational agency that enters into a 
     contract or other agreement with a school-based health center 
     relating to the provision of health services to students 
     served by the agency unless such center certifies that--
       ``(1) the center will not perform an abortion; and
       ``(2) the center will not provide abortion-related 
     materials, referrals, or directions for abortion services to 
     any such student.
       ``(b) Rule of Construction.--Nothing in this section shall 
     be construed to prevent a school-based health center from 
     providing non-abortion health services to pregnant students.
       ``(c) School-based Health Center.--In this section, the 
     term `school-based health center' has the meaning given such 
     term in section 210(c)(9) of the Social Security Act (42 
     U.S.C. 1397jj(c)(9)).''.

                     ``Subpart 3--Other Provisions

     ``SEC. 6541. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND 
                   STUDENT RECRUITING INFORMATION.

       ``(a) Policy.--
       ``(1) Access to student recruiting information.--
     Notwithstanding section 444(a)(5)(B) of the General Education 
     Provisions Act, each

[[Page 2737]]

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

     ``SEC. 6542. RULEMAKING.

       ``The Secretary shall issue regulations under this Act as 
     prescribed under section 1401 only to the extent that such 
     regulations are necessary to ensure that there is compliance 
     with the specific requirements and assurances required by 
     this Act.

     ``SEC. 6543. PEER REVIEW.

       ``(a) In General.--If the Secretary uses a peer review 
     panel to evaluate an application for any program required 
     under this Act, the Secretary shall conduct the panel in 
     accordance with this section.
       ``(b) Makeup.--The Secretary shall--
       ``(1) solicit nominations for peers to serve on the panel 
     from States that are--
       ``(A) practitioners in the subject matter; or
       ``(B) experts in the subject matter; and
       ``(2) select the peers from such nominees, except that 
     there shall be at least 75 percent practitioners on each 
     panel and in each group formed from the panel.
       ``(c) Guidance.--The Secretary shall issue the peer review 
     guidance concurrently with the notice of the grant.
       ``(d) Reporting.--The Secretary shall--
       ``(1) make the names of the peer reviewers available to the 
     public before the final deadline for the application of the 
     grant;
       ``(2) make the peer review notes publically available once 
     the review has concluded; and
       ``(3) make any deviations from the peer reviewers' 
     recommendations available to the public with an explanation 
     of the deviation.
       ``(e) Applicant Reviews.--An applicant shall have an 
     opportunity within 30 days to review the peer review notes 
     and appeal the score to the Secretary prior to the Secretary 
     making any final determination.
       ``(f) Prohibition.--The Secretary, and the Secretary's 
     staff, may not attempt to participate in, or influence, the 
     peer review process. No Federal employee may participate in, 
     or attempt to influence the peer review process, except to 
     respond to questions of a technical nature, which shall be 
     publicly reported.

     ``SEC. 6544. PARENTAL CONSENT.

       ``Upon receipt of written notification from the parents or 
     legal guardians of a student, the local educational agency 
     shall withdraw such student from any program funded under 
     part B of title III. The local educational agency shall make 
     reasonable efforts to inform parents or legal guardians of 
     the content of such programs or activities funded under this 
     Act, other than classroom instruction.

     ``SEC. 6548. SEVERABILITY.

       ``If any provision of this Act is held invalid, the 
     remainder of this Act shall be unaffected thereby.

     ``SEC. 6549. DEPARTMENT STAFF.

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

     ``SEC. 6550. REDUCTION IN FEDERAL SPENDING.

       ``To ensure the reduced Federal role established under this 
     Act is recognized when allocating spending amounts and 
     appropriations for the programs under this Act, the 
     Secretary, through the director of the Institute for 
     Education Sciences, shall--
       ``(1) not later than 60 days after the date of the 
     enactment of the Student Success Act, contract with an 
     economist with an expertise in workforce and government 
     efficiency;
       ``(2) not later than 1 year after the date of the enactment 
     of the Student Success Act and before the Administration's 
     annual budget request for a fiscal year is submitted to 
     Congress annually thereafter, require the economist to issue 
     a report that--
       ``(A) examines the annual cost savings from the reduced 
     Federal requirements under this Act, as amended by the 
     Student Success Act, as compared to the requirements under 
     this Act as in effect after fiscal year 2002 and prior to the 
     date of the enactment of the Student Success Act and each 
     year thereafter;
       ``(B) determines the reduced need for Federal funds to meet 
     the Federal requirements under this Act, as amended by the 
     Student Success Act, as compared to the requirements under 
     this Act as in effect after fiscal year 2002 and prior to the 
     date of the enactment of the Student Success Act; and
       ``(C) includes the specific reduced Federal funding amounts 
     and reduced number of employees at the Department necessary 
     for compliance with the provisions of this Act, as amended by 
     the Student Success Act; and
       ``(3) not later than one week after Administration's budget 
     request is submitted to Congress for each fiscal year, submit 
     the report to the Committees on Budget and the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, 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.

  ``Subpart 4--Restoration of State Sovereignty Over Public Education

     ``SEC. 6561. STATES TO RETAIN RIGHTS AND AUTHORITIES THEY DO 
                   NOT EXPRESSLY WAIVE.

       ``(a) Retention of Rights and Authorities.--In order to 
     ensure local control over the acceptance of federal funds, 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

[[Page 2738]]

       ``(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. 6562. 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. 6563. 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. 6564. 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.

     ``SEC. 6565. PRIVACY.

       ``The Secretary shall ensure each grantee receiving funds 
     under this Act understands the importance of privacy 
     protections for students and is aware of their 
     responsibilities under section 444 of the General Education 
     Provisions Act (20 U.S.C. 1232g) (commonly known as the 
     `Family Education Rights and Privacy Act of 1974').

                         ``PART F--EVALUATIONS

     ``SEC. 6601. EVALUATIONS.

       ``(a) Reservation of Funds.--Except as provided in 
     subsections (c) and (d), the Secretary may reserve not more 
     than 0.5 percent of the amount appropriated to carry out each 
     categorical program authorized under this Act. The reserved 
     amounts shall be used by the Secretary, acting through the 
     Director of the Institute of Education Sciences--
       ``(1) to conduct--
       ``(A) comprehensive evaluations of the program or project;
       ``(B) studies of the effectiveness of the program or 
     project and its administrative impact on schools and local 
     educational agencies; and
       ``(C) the wide dissemination of evaluation findings under 
     this section with respect to programs authorized under this 
     Act--
       ``(i) in a timely fashion;
       ``(ii) in forms that are understandable, easily accessible, 
     and usable or adaptable for use in the improvement of 
     educational practice;
       ``(iii) through electronic transfer, and other means, such 
     as posting, as available, to the websites of State 
     educational agencies, local educational agencies, the 
     Institute of Education Sciences, the Department, and other 
     relevant places; and
       ``(iv) in a manner that promotes the utilization of such 
     findings.
       ``(2) to evaluate the aggregate short- 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; and
       ``(3) to 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, and use of information relating to performance 
     under the program or project.
       ``(b) Required Plan.--The Secretary, acting through the 
     Director of the Institute of Education Sciences, may use the 
     reserved amount under subsection (a) only after completion of 
     a comprehensive, multi-year plan--
       ``(1) for the periodic evaluation of each of the major 
     categorical programs authorized under this Act, and as 
     resources permit, the smaller categorical programs authorized 
     under this Act;
       ``(2) that shall be developed and implemented with the 
     involvement of other officials at the Department, as 
     appropriate; and
       ``(3) that shall not be finalized until--
       ``(A) the publication of a notice in the Federal Register 
     seeking public comment on such plan and after review by the 
     Secretary of such comments; and
       ``(B) the plan is submitted for comment 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 and after review by the Secretary of such 
     comments.
       ``(c) Title I Excluded.--The Secretary may not reserve 
     under subsection (a) funds appropriated to carry out any 
     program authorized under title I.
       ``(d) Evaluation Activities Authorized Elsewhere.--If, 
     under any other provision of this Act (other than title I), 
     funds are authorized to be reserved or used for evaluation 
     activities with respect to a program or project, the 
     Secretary may not reserve additional funds under this section 
     for the evaluation of that program or project.''.
       (b) Technical Amendments.--
       (1) Title ix.--
       (A) Subpart 1 of part e of title vi.--
       (i) Transfer and redesignation.--Sections 9504 through 9506 
     (20 U.S.C. 7884, 7885, and 7886) are--

       (I) transferred to title VI, as amended by subsection (a) 
     of this section;
       (II) inserted after section 6503 of such title; and
       (III) redesignated as sections 6504 through 6506, 
     respectively.

       (ii) Amendments.--Section 6504 (as so redesignated) is 
     amended--

       (I) in subsection (a)(1)(A), by striking ``section 9502'' 
     and inserting ``section 6502'';
       (II) in subsection (b), by striking ``section 9501'' and 
     inserting ``section 6501''; and
       (III) in subsection (d), by striking ``No Child Left Behind 
     Act of 2001'' and inserting ``Student Success Act''.

       (B) Subpart 2 of part e of title vi.--
       (i) Transfer and redesignation.--Sections 9531, 9533, and 
     9534 (20 U.S.C. 7911, 7913, and 7914) are--

       (I) transferred to title VI, as amended by subparagraph (A) 
     of this paragraph;
       (II) inserted after section 6525 of such title; and
       (III) redesignated as sections 6526 through 6528, 
     respectively.

       (ii) Amendments.--Section 6528 (as so redesignated) is 
     amended--

       (I) by striking ``(a) In General.--Nothing'' and inserting 
     ``Nothing''; and
       (II) by striking subsection (b).

       (C) Subpart 3 of part e of title vi.--Sections 9523, 9524, 
     and 9525 (20 U.S.C. 7903, 7904, and 7905) are--
       (i) transferred to title VI, as amended by subparagraph (B) 
     of this paragraph;
       (ii) inserted after section 6544 of such title; and
       (iii) redesignated as sections 6545 through 6547, 
     respectively.
       (2) Title iv.--Sections 4141 and 4155 (20 U.S.C. 7151 and 
     7161) are--
       (A) transferred to title VI, as amended by this Act;
       (B) inserted after section 6551; and
       (C) redesignated as sections 6552 and 6553, respectively.

     SEC. 602. REPEAL.

       Title IX (20 U.S.C. 7801 et seq.), as amended by section 
     601(b)(1) of this title, is repealed.

     SEC. 603. OTHER LAWS.

       Beginning on the date of the enactment of this Act, any 
     reference in law to the term ``highly qualified'' as defined 
     in section 9101 of the Elementary and Secondary Education Act 
     of 1965 shall be treated as a reference to such term under 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 as in effect on the day before the date of the enactment 
     of this Act.

     SEC. 604. AMENDMENT TO IDEA.

       Section 602 of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1401) is amended by striking paragraph (10).

                     TITLE VII--HOMELESS EDUCATION

     SEC. 701. STATEMENT OF POLICY.

       Section 721 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11431) is amended--
       (1) by amending paragraph (2) to read as follows:
       ``(2) In any State where compulsory residency requirements 
     or other requirements, laws, regulations, practices, or 
     policies may act as a barrier to the identification, 
     enrollment, attendance, or success in school of homeless 
     children and youths, the State and local educational agencies 
     will review and undertake steps to revise such laws, 
     regulations, practices, or policies to ensure that homeless 
     children and youths are afforded the same free, appropriate 
     public education as is provided to other children and 
     youths.'';
       (2) in paragraph (3), by striking ``alone''; and
       (3) in paragraph (4), by striking ``challenging State 
     student academic achievement'' and inserting ``State 
     academic''.

     SEC. 702. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE 
                   EDUCATION OF HOMELESS CHILDREN AND YOUTHS.

       Section 722 of such Act (42 U.S.C. 11432) is amended--
       (1) in subsection (a), by striking ``(g).'' and inserting 
     ``(h).'';
       (2) by striking subsection (b);
       (3) in subsection (c)--
       (A) in paragraph (1)(A)--
       (i) in clause (i), by adding ``or'' at the end;
       (ii) in clause (ii), by striking ``; or'' at the end and 
     inserting a period; and
       (iii) by striking clause (iii); and
       (B) by striking paragraph (3);
       (4) in subsection (d)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Grants'' and inserting ``Grant funds from a grant made to a 
     State'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) To provide services and activities to improve the 
     identification of homeless children (including preschool-aged 
     homeless children and youths) that enable such children and 
     youths to enroll in, attend, and succeed in school, or, if 
     appropriate, in preschool programs.'';

[[Page 2739]]

       (C) in paragraph (3), by inserting before the period at the 
     end the following: ``that can sufficiently carry out the 
     duties described in this subtitle''; and
       (D) by amending paragraph (5) to read as follows:
       ``(5) To develop and implement professional development 
     programs for liaisons designated under subsection 
     (g)(1)(J)(ii) and other local educational agency personnel--
       ``(A) to improve their identification of homeless children 
     and youths; and
       ``(B) to heighten their awareness of, and capacity to 
     respond to, specific needs in the education of homeless 
     children and youths.'';
       (5) in subsection (e)--
       (A) in paragraph (1)--
       (i) by striking ``sums'' and inserting ``grant funds''; and
       (ii) by inserting ``a State under subsection (a) to'' after 
     ``each year to'';
       (B) in paragraph (2), by striking ``funds made available 
     for State use under this subtitle'' and inserting ``the grant 
     funds remaining after the State educational agency 
     distributes subgrants under paragraph (1)''; and
       (C) in paragraph (3)--
       (i) in subparagraph (C)(iv)(II), by striking ``sections 
     1111 and 1116'' and inserting ``section 1111''; and
       (ii) in subparagraph (F)--

       (I) in clause (i)--

       (aa) in the matter preceding subclause (I), by striking ``a 
     report'' and inserting ``an annual report'';
       (bb) by striking ``and'' at the end of subclause (II);
       (cc) by striking the period at the end of subclause (III) 
     and inserting ``; and''; and
       (dd) by adding at the end the following:

       ``(IV) the progress the separate schools are making in 
     helping all students meet the State academic standards.''; 
     and
       (II) in clause (iii), by striking ``Not later than 2 years 
     after the date of enactment of the McKinney-Vento Homeless 
     Education Assistance Improvements Act of 2001, the'' and 
     inserting ``The'';

       (6) by amending subsection (f) to read as follows:
       ``(f) Functions of the Office of Coordinator.--The 
     Coordinator for Education of Homeless Children and Youths 
     established in each State shall--
       ``(1) gather and make publically available reliable, valid, 
     and comprehensive information on--
       ``(A) the number of homeless children and youths identified 
     in the State, posted annually on the State educational 
     agency's website;
       ``(B) the nature and extent of the problems homeless 
     children and youths have in gaining access to public 
     preschool programs and to public elementary schools and 
     secondary schools;
       ``(C) the difficulties in identifying the special needs and 
     barriers to the participation and achievement of such 
     children and youths;
       ``(D) any progress made by the State educational agency and 
     local educational agencies in the State in addressing such 
     problems and difficulties; and
       ``(E) the success of the programs under this subtitle in 
     identifying homeless children and youths and allowing such 
     children and youths to enroll in, attend, and succeed in, 
     school;
       ``(2) develop and carry out the State plan described in 
     subsection (g);
       ``(3) collect data for and transmit to the Secretary, at 
     such time and in such manner as the Secretary may require, a 
     report containing information necessary to assess the 
     educational needs of homeless children and youths within the 
     State, including data necessary for the Secretary to fulfill 
     the responsibilities under section 724(h);
       ``(4) in order to improve the provision of comprehensive 
     education and related support services to homeless children 
     and youths and their families, coordinate and collaborate 
     with--
       ``(A) educators, including teachers, special education 
     personnel, administrators, and child development and 
     preschool program personnel;
       ``(B) providers of services to homeless children and youths 
     and their families, including services of public and private 
     child welfare and social services agencies, law enforcement 
     agencies, juvenile and family courts, agencies providing 
     mental health services, domestic violence agencies, child 
     care providers, runaway and homeless youth centers, and 
     providers of services and programs funded under the Runaway 
     and Homeless Youth Act (42 U.S.C. 5701 et seq.);
       ``(C) providers of emergency, transitional, and permanent 
     housing to homeless children and youths, and their families, 
     including public housing agencies, shelter operators, 
     operators of transitional housing facilities, and providers 
     of transitional living programs for homeless youths;
       ``(D) local educational agency liaisons designated under 
     subsection (g)(1)(J)(ii) for homeless children and youths; 
     and
       ``(E) community organizations and groups representing 
     homeless children and youths and their families;
       ``(5) provide technical assistance to local educational 
     agencies, in coordination with local educational agency 
     liaisons designated under subsection (g)(1)(J)(ii), to ensure 
     that local educational agencies comply with the requirements 
     of subsection (e)(3), paragraphs (3) through (7) of 
     subsection (g), and subsection (h);
       ``(6) provide professional development opportunities for 
     local educational agency personnel and the homeless liaison 
     designated under subsection (g)(1)(J)(ii) to assist such 
     personnel in meeting the needs of homeless children and 
     youths; and
       ``(7) respond to inquiries from parents and guardians of 
     homeless children and youths and unaccompanied youths to 
     ensure that each child or youth who is the subject of such an 
     inquiry receives the full protections and services provided 
     by this subtitle.'';
       (7) by amending subsection (g) to read as follows:
       ``(g) State Plan.--
       ``(1) In general.--In order to be eligible to receive a 
     grant under this section, each State educational agency shall 
     submit to the Secretary a plan to provide for the education 
     of homeless children and youths within the State that 
     includes the following:
       ``(A) A description of how such children and youths are (or 
     will be) given the opportunity to meet the same State 
     academic standards that all students are expected to meet.
       ``(B) A description of the procedures the State educational 
     agency will use to identify such children and youths in the 
     State and to assess their needs.
       ``(C) A description of procedures for the prompt resolution 
     of disputes regarding the educational placement of homeless 
     children and youths.
       ``(D) A description of programs for school personnel 
     (including liaisons, school leaders, attendance officers, 
     teachers, enrollment personnel, and specialized instructional 
     support personnel) to heighten the awareness of such 
     personnel of the specific needs of homeless adolescents, 
     including runaway and homeless youths.
       ``(E) A description of procedures that ensure that homeless 
     children and youths who meet the relevant eligibility 
     criteria are able to participate in Federal, State, or local 
     nutrition programs.
       ``(F) A description of procedures that ensure that--
       ``(i) homeless children have equal access to public 
     preschool programs, administered by the State educational 
     agency or local educational agency, as provided to other 
     children in the State;
       ``(ii) homeless youths and youths separated from public 
     schools are identified and accorded equal access to 
     appropriate secondary education and support services; and
       ``(iii) homeless children and youths who meet the relevant 
     eligibility criteria are able to participate in Federal, 
     State, or local education programs.
       ``(G) Strategies to address problems identified in the 
     report provided to the Secretary under subsection (f)(3).
       ``(H) Strategies to address other problems with respect to 
     the education of homeless children and youths, including 
     problems resulting from enrollment delays that are caused 
     by--
       ``(i) immunization and other health records requirements;
       ``(ii) residency requirements;
       ``(iii) lack of birth certificates, school records, or 
     other documentation;
       ``(iv) guardianship issues; or
       ``(v) uniform or dress code requirements.
       ``(I) A demonstration that the State educational agency and 
     local educational agencies in the State have developed, and 
     shall review and revise, policies to remove barriers to the 
     identification, enrollment, and retention of homeless 
     children and youths in schools 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 youths are not stigmatized 
     or segregated on the basis of their status as homeless.
       ``(ii) Local educational agencies will designate an 
     appropriate staff person, who may also be a coordinator for 
     other Federal programs, as a local educational agency liaison 
     for homeless children and youths, to carry out the duties 
     described in paragraph (6)(A).
       ``(iii) The State and its local educational agencies will 
     adopt policies and practices to ensure that transportation is 
     provided, at the request of the parent or guardian (or in the 
     case of an unaccompanied youth, the liaison), to and from the 
     school of origin, as determined in paragraph (3)(A), in 
     accordance with the following, as applicable:

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

       ``(2) Compliance.--
       ``(A) In general.--Each plan adopted under this subsection 
     shall also describe how the State will ensure that local 
     educational agencies in the State will comply with the 
     requirements of paragraphs (3) through (7).
       ``(B) Coordination.--Such plan shall indicate what 
     technical assistance the State will

[[Page 2740]]

     furnish to local educational agencies and how compliance 
     efforts will be coordinated with the local educational agency 
     liaisons designated under paragraph (1)(J)(ii).
       ``(3) Local educational agency requirements.--
       ``(A) In general.--The local educational agency serving 
     each child or youth to be assisted under this subtitle shall, 
     according to the child's or youth's best interest--
       ``(i) continue the child's or youth's education in the 
     school of origin for the duration of homelessness--

       ``(I) in any case in which a family becomes homeless 
     between academic years or during an academic year; 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) School stability.--In determining the best interest 
     of the child or youth under subparagraph (A), the local 
     educational agency shall--
       ``(i) presume that keeping the child or youth in the school 
     of origin is in the child or youth's best interest, except 
     when doing so is contrary to the wishes of the child's or 
     youth's parent or guardian, or the unaccompanied youth;
       ``(ii) consider student-centered factors related to the 
     child's or youth's best interest, including factors related 
     to the impact of mobility on achievement, education, health, 
     and safety of homeless children and youth, giving priority to 
     the wishes of the homeless child's or youth's parent of 
     guardian or the unaccompanied youth involved;
       ``(iii) if, after conducting the best interest 
     determination based on consideration of the presumption in 
     clause (i) and the student-centered factors in clause (ii), 
     the local educational agency determines that it is not in the 
     child's or youth's best interest to attend the school of 
     origin or the school requested by the parent, guardian, or 
     unaccompanied youth, provide the child's or youth's parent or 
     guardian or the unaccompanied youth with a written 
     explanation of the reasons for its determination, in a manner 
     and form understandable to such parent, guardian, or 
     unaccompanied youth, including information regarding the 
     right to appeal under subparagraph (E); and
       ``(iv) in the case of an unaccompanied youth, ensure that 
     the 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).
       ``(C) Enrollment.--
       ``(i) In general.--The school selected in accordance with 
     this paragraph shall immediately enroll the homeless child or 
     youth, even if the child or youth--

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

       ``(ii) Relevant academic records.--The enrolling school 
     shall immediately contact the school last attended by the 
     child or youth to obtain relevant academic and other records.
       ``(iii) Relevant health records.--If the child or youth 
     needs to obtain immunizations or other required health 
     records, the enrolling school shall immediately refer the 
     parent or guardian of the child or youth, or the 
     unaccompanied child or youth, to the local educational agency 
     liaison designated under paragraph (1)(J)(ii), who shall 
     assist in obtaining necessary immunizations or screenings, or 
     immunization or other required health records, in accordance 
     with subparagraph (D).
       ``(D) Records.--Any record ordinarily kept by the school, 
     including immunization or other required health records, 
     academic records, birth certificates, guardianship records, 
     and evaluations for special services or programs, regarding 
     each homeless child or youth shall be maintained--
       ``(i) so that the records involved are available, in a 
     timely fashion, when a child or youth enters a new school or 
     school district; and
       ``(ii) in a manner consistent with section 444 of the 
     General Education Provisions Act (20 U.S.C. 1232g).
       ``(E) Enrollment disputes.--If a dispute arises over school 
     selection or enrollment in a school--
       ``(i) the child or youth shall be immediately enrolled in 
     the school in which enrollment is sought, pending final 
     resolution of the dispute, including all available appeals;
       ``(ii) the parent, guardian, or unaccompanied youth shall 
     be provided with a written explanation of any decisions made 
     by the school, the local educational agency, or the State 
     educational agency involved, including the rights of the 
     parent, guardian, or youth to appeal such decisions;
       ``(iii) the parent, guardian, or unaccompanied youth shall 
     be referred to the local educational agency liaison 
     designated under paragraph (1)(J)(ii), who shall carry out 
     the dispute resolution process as described in paragraph 
     (1)(C) as expeditiously as possible after receiving notice of 
     the dispute; and
       ``(iv) in the case of an unaccompanied youth, the liaison 
     shall ensure that the youth is immediately enrolled in school 
     in which the youth seeks enrollment pending resolution of 
     such dispute.
       ``(F) Placement choice.--The choice regarding placement 
     shall be made regardless of whether the child or youth lives 
     with the homeless parents or has been temporarily placed 
     elsewhere.
       ``(G) School of origin defined.--
       ``(i) In general.--In this paragraph, the term `school of 
     origin' means the school that a child or youth attended when 
     permanently housed or the school in which the child or youth 
     was last enrolled.
       ``(ii) Receiving school.--When the child or youth completes 
     the final grade level served by the school of origin, as 
     described in clause (i), the term ``school of origin'' shall 
     include the designated receiving school at the next grade 
     level for all feeder schools.
       ``(H) Contact information.--Nothing in this subtitle 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.
       ``(J) Academic achievement.--The school selected in 
     accordance with this paragraph shall ensure that homeless 
     children and youths have opportunities to meet the same State 
     academic standards to which other students are held.
       ``(4) Comparable services.--Each homeless child or youth to 
     be assisted under this subtitle shall be provided services 
     comparable to services offered to other students in the 
     school selected under paragraph (3), including the following:
       ``(A) Transportation services.
       ``(B) Educational services for which the child or youth 
     meets the eligibility criteria, such as services provided 
     under title I of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6301 et seq.) or similar State or local 
     programs, educational programs for children with 
     disabilities, and educational programs for English learners.
       ``(C) Programs in career and technical education.
       ``(D) Programs for gifted and talented students.
       ``(E) School nutrition programs.
       ``(5) Coordination.--
       ``(A) In general.--Each local educational agency serving 
     homeless children and youths that receives assistance under 
     this subtitle shall coordinate--
       ``(i) the provision of services under this subtitle with 
     local social services agencies and other agencies or entities 
     providing services to homeless children and youths and their 
     families, including services and programs funded under the 
     Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); and
       ``(ii) transportation, transfer of school records, and 
     other interdistrict activities, with other local educational 
     agencies.
       ``(B) Housing assistance.--If applicable, each State 
     educational agency and local educational agency that receives 
     assistance under this subtitle shall coordinate with State 
     and local housing agencies responsible for developing the 
     comprehensive housing affordability strategy described in 
     section 105 of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12705) to minimize educational 
     disruption for children and youths who become homeless.
       ``(C) Coordination purpose.--The coordination required 
     under subparagraphs (A) and (B) shall be designed to--
       ``(i) ensure that all homeless children and youths are 
     promptly identified;
       ``(ii) ensure that homeless children and youths have access 
     to, and are in reasonable proximity to, available education 
     and related support services; and
       ``(iii) raise the awareness of school personnel and service 
     providers of the effects of short-term stays in a shelter and 
     other challenges associated with homelessness.
       ``(D) Homeless children and youths with disabilities.--For 
     children and youths who are to be assisted both under this 
     subtitle, and under the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.) or section 504 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794), each local 
     educational agency shall coordinate the provision of services 
     under this subtitle with the provision of programs for 
     children with disabilities served by that local educational 
     agency and other involved local educational agencies.
       ``(6) Local educational agency liaison.--
       ``(A) Duties.--Each local educational agency liaison for 
     homeless children and youths, designated under paragraph 
     (1)(J)(ii), shall ensure that--
       ``(i) homeless children and youths are identified by school 
     personnel through outreach and coordination activities with 
     other entities and agencies;
       ``(ii) homeless children and youths are enrolled in, and 
     have a full and equal opportunity to succeed in, schools of 
     that local educational agency;
       ``(iii) homeless families, children, and youths have access 
     to and receive educational services for which such families, 
     children, and youths are eligible, including services through 
     Head Start, Early Head Start, early intervention, and 
     preschool programs administered by the local educational 
     agency;

[[Page 2741]]

       ``(iv) homeless families, children, and youths receive 
     referrals to health care services, dental services, mental 
     health and substances abuse services, housing services, and 
     other appropriate services;
       ``(v) the parents or guardians of homeless children and 
     youths are informed of the educational and related 
     opportunities available to their children and are provided 
     with meaningful opportunities to participate in the education 
     of their children;
       ``(vi) public notice of the educational rights of homeless 
     children and youths is disseminated in locations frequented 
     by parents or guardians of such children and youths, and 
     unaccompanied youths, including schools, shelters, public 
     libraries, and soup kitchens in a manner and form 
     understandable to the parents and guardians of homeless 
     children and youths, and unaccompanied youths;
       ``(vii) enrollment disputes are mediated in accordance with 
     paragraph (3)(E);
       ``(viii) the parent or guardian of a homeless child or 
     youth, and any unaccompanied youth, is fully informed of all 
     transportation services, including transportation to the 
     school of origin, as described in paragraph (1)(J)(iii), and 
     is assisted in accessing transportation to the school that is 
     selected under paragraph (3)(A);
       ``(ix) school personnel providing services under this 
     subtitle receive professional development and other support; 
     and
       ``(x) unaccompanied youths--

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

       ``(B) Notice.--State coordinators established under 
     subsection (d)(3) and local educational agencies shall inform 
     school personnel, service providers, advocates working with 
     homeless families, parents and guardians of homeless children 
     and youths, and homeless children and youths of the duties of 
     the local educational agency liaisons, including publishing 
     an annually updated list of the liaisons on the State 
     educational agency's website.
       ``(C) Local and state coordination.--Local educational 
     agency liaisons for homeless children and youths shall, as a 
     part of their duties, coordinate and collaborate with State 
     coordinators and community and school personnel responsible 
     for the provision of education and related services to 
     homeless children and youths. Such coordination shall include 
     collecting and providing to the State Coordinator the 
     reliable, valid, and comprehensive data needed to meet the 
     requirements of paragraphs (1) and (3) of subsection (f).
       ``(7) Review and revisions.--
       ``(A) In general.--Each State educational agency and local 
     educational agency that receives assistance under this 
     subtitle shall review and revise any policies that may act as 
     barriers to the enrollment of homeless children and youths in 
     schools that are selected under paragraph (3).
       ``(B) Consideration.--In reviewing and revising such 
     policies, consideration shall be given to issues concerning 
     transportation, immunization, residency, birth certificates, 
     school records and other documentation, and guardianship.
       ``(C) Special attention.--Special attention shall be given 
     to ensuring the enrollment and attendance of homeless 
     children and youths who are not currently attending 
     school.'';
       (8) in subsection (h)(1)(A), by striking ``fiscal year 
     2009,'' and inserting ``fiscal years 2014 through 2019,''; 
     and
       (9) in subsection (h)(4), by striking ``fiscal year 2009'' 
     and inserting ``fiscal years 2014 through 2019''.

     SEC. 703. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE 
                   EDUCATION OF HOMELESS CHILDREN AND YOUTHS.

       Section 723 of such Act (42 U.S.C. 11433) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``facilitating the 
     enrollment,'' and inserting ``facilitating the 
     identification, enrollment,'';
       (B) in paragraph (2)(A)--
       (i) by adding ``and'' at the end of clause (i);
       (ii) by striking ``; and'' and inserting a period at the 
     end of clause (ii); and
       (iii) by striking clause (iii); and
       (C) by adding at the end the following:
       ``(4) Duration of grants.--Subgrants awarded under this 
     section shall be for terms of not to exceed 3 years.'';
       (2) in subsection (b)--
       (A) by striking paragraph (3) and redesignating paragraphs 
     (4) and (5) as paragraphs (3) and (4), respectively; and
       (B) by adding at the end the following:
       ``(5) 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).
       ``(6) An assurance that the local educational agency has 
     removed barriers to complying with the requirements of 
     section 722(g)(1)(I).'';
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``726'' and inserting 
     ``722(a)'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by inserting ``identification,'' 
     before ``enrollment'';
       (ii) by amending subparagraph (B) to read as follows:
       ``(B) The extent to which the application reflects 
     coordination with other local and State agencies that serve 
     homeless children and youths.''; and
       (iii) in subparagraph (C), by inserting ``(as of the date 
     of submission of the application)'' after ``current 
     practice'';
       (C) in paragraph (3)--
       (i) by amending subparagraph (C) to read as follows:
       ``(C) The extent to which the applicant will promote 
     meaningful involvement of parents or guardians of homeless 
     children or youths in the education of their children.'';
       (ii) in subparagraph (D), by striking ``within'' and 
     inserting ``into'';
       (iii) in subparagraph (G)--

       (I) by striking ``Such'' and inserting ``The extent to 
     which the applicant's program meets such''; and
       (II) by striking ``case management or related'';

       (iv) by redesignating subparagraph (G) as subparagraph (I) 
     and inserting after subparagraph (F) the following:
       ``(G) The extent to which the local educational agency will 
     use the subgrant to leverage resources, including by 
     maximizing nonsubgrant funding for the position of the 
     liaison described in section 722(g)(1)(J)(ii) and the 
     provision of transportation.
       ``(H) How the local educational agency uses funds to serve 
     homeless children and youths under section 1113(c)(3) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6313(c)(3)).''; and
       (v) by adding at the end the following:
       ``(J) An assurance that the applicant will meet the 
     requirements of section 722(g)(3).''; and
       (D) by striking paragraph (4); and
       (4) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``challenging State academic content 
     standards'' and inserting ``State academic standards''; and
       (ii) by striking ``and challenging State student academic 
     achievement standards'';
       (B) in paragraph (2)--
       (i) by striking ``students with limited English 
     proficiency,'' and inserting ``English learners,''; and
       (ii) by striking ``vocational'' and inserting ``career'';
       (C) in paragraph (3), by striking ``pupil services'' and 
     inserting ``specialized instructional support'';
       (D) in paragraph (7), by striking ``, and unaccompanied 
     youths,'' and inserting ``, particularly homeless children 
     and youths who are not enrolled in school,'';
       (E) in paragraph (9) by striking ``medical'' and inserting 
     ``other required health'';
       (F) in paragraph (10), by inserting before the period at 
     the end ``, and other activities designed to increase the 
     meaningful involvement of parents or guardians of homeless 
     children or youths in the education of their children'';
       (G) in paragraph (12), by striking ``pupil'' and inserting 
     ``specialized instructional support''; and
       (H) in paragraph (13), by inserting before the period at 
     the end ``and parental mental health or substance abuse 
     problems''.

     SEC. 704. SECRETARIAL RESPONSIBILITIES.

       Section 724 of such Act (42 U.S.C. 11434) is amended--
       (1) by amending subsection (c) to read as follows:
       ``(c) Notice.--
       ``(1) In general.--The Secretary shall, before the next 
     school year that begins after the date of the enactment of 
     the Student Success Act, update and disseminate nationwide 
     the public notice described in this subsection (as in effect 
     prior to such date) of the educational rights of homeless 
     children and youths.
       ``(2) Dissemination.--The Secretary shall disseminate the 
     notice nationally to all Federal agencies, program grantees, 
     and grant recipients serving homeless families, children, and 
     youths.'';
       (2) in subsection (d), by striking ``and dissemination'' 
     and inserting ``, dissemination, and technical assistance'';
       (3) in subsection (e)--
       (A) by striking ``applications for grants under this 
     subtitle'' and inserting ``plans for the use of grant funds 
     under section 722'';
       (B) by striking ``60-day'' and inserting ``120-day''; and
       (C) by striking ``120-day'' and inserting ``180-day'';
       (4) in subsection (f), by adding at the end the following: 
     ``The Secretary shall provide support and technical 
     assistance to State educational agencies in areas in which 
     barriers to a free appropriate public education persist.'';
       (5) by amending subsection (g) to read as follows:
       ``(g) Guidelines.--The Secretary shall develop, issue, and 
     publish in the Federal Register, not later than 60 days after 
     the date of the enactment of the Student Success Act, 
     strategies by which a State--
       ``(1) may assist local educational agencies to implement 
     the provisions amended by the Act; and
       ``(2) can review and revise State policies and procedures 
     that may present barriers to the identification, enrollment, 
     attendance, and success of homeless children and youths in 
     school.'';
       (6) in subsection (h)(1)(A), by inserting ``in all areas 
     served by local educational agencies'' before the semicolon 
     at the end; and

[[Page 2742]]

       (7) in subsection (i), by striking ``McKinney-Vento 
     Homeless Education Assistance Improvements Act of 2001'' and 
     inserting ``Student Success Act''.

     SEC. 705. DEFINITIONS.

       Section 725 of such Act (42 U.S.C. 11434a) is amended--
       (1) in paragraph (2)(B)(iv), by striking ``1309'' and 
     inserting ``1139''; and
       (2) in paragraph (3), by striking ``9101'' and inserting 
     ``6101''.

     SEC. 706. AUTHORIZATION OF APPROPRIATIONS.

       Section 726 of such Act (42 U.S.C. 11435) is amended to 
     read as follows:

     ``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this subtitle, there are 
     authorized to be appropriated $65,042,000 for each of fiscal 
     years 2016 through 2021.''.

                  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.

     ``SEC. 802. PREVENTING IMPROPER USE OF TAXPAYER FUNDS.

       To ensure any misuse of taxpayer funds is stopped or 
     prevented before it occurs, the Secretary of Educaiton--
       (1) shall ensure that each recipient of a grant or subgrant 
     under the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.) prominently displays the Department of 
     Education Office of Inspector General hotline contact 
     information so any individual who observes, detects, or 
     suspects improper use of taxpayer funds can easily report 
     such improper use;
       (2) annually shall notify employees of the Department of 
     Education of their responsibility to report fraud; and
       (3) shall ensure that applicants for grants or subgrants 
     under such Act are aware of their requirement to submit 
     truthful and accurate information when applying for grants or 
     subgrants and responding to monitoring and compliance 
     reviews.

  The Acting CHAIR. No further amendment to the bill, as amended, shall 
be in order except those printed in part B of House Report 114-29. Each 
such further amendment shall be considered only in the order printed in 
the report, may be offered only by a Member designated in the report, 
shall be considered as read, shall be debatable for the time specified 
in the report equally divided and controlled by the proponent and an 
opponent, may be withdrawn by its proponent at any time before action 
thereon, shall not be subject to amendment, and shall not be subject to 
a demand for division of the question.


                 amendment no. 1 offered by mr. kennedy

  The Acting CHAIR. It is now in order to consider amendment No. 1 
printed in part B of House Report 114-29.
  Mr. KENNEDY. 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 11, after line 2, insert the following new 
     subparagraph:
       ``(F) Section 152 of the Student Success Act.''.
       Page 225, after line 17, insert the following new section:

     SEC. 152. STEM GATEWAY GRANT PROGRAM.

       (a) Program Authorized.--A State educational agency shall 
     award grants to eligible entities, on a competitive basis, to 
     enable such eligible entities to carry out programs described 
     in subsection (d) to achieve, with respect to women and 
     girls, underrepresented minorities, and individuals from all 
     economic backgrounds (including economically disadvantaged 
     individuals and individuals living in economically distressed 
     areas), 1 or more of the following goals:
       (1) Encourage interest in the STEM fields at the elementary 
     school or secondary school levels.
       (2) Motivate engagement in STEM fields by providing 
     relevant hands-on learning opportunities at the elementary 
     school and secondary school levels.
       (3) Support classroom success in STEM disciplines at the 
     elementary school or secondary school levels.
       (4) Support workforce training and career preparation in 
     STEM fields at the secondary school level.
       (5) Improve access to career and continuing education 
     opportunities in STEM fields at the secondary school level.
       (b) Limitation.--A State educational agency may award 
     grants under this section for not longer than a 5-year 
     period.
       (c) Application.--
       (1) In general.--Each eligible entity that desires to 
     receive a grant 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 reasonably require.
       (2) Contents.--An application submitted under paragraph (1) 
     shall contain--
       (A) in the case of an eligible entity that plans to use the 
     grant funds at the elementary school level--
       (i) a description of the programs the eligible entity will 
     carry out to achieve 1 or more of the goals described in 
     paragraphs (1) through (3) of subsection (a) at the 
     elementary school level, including the content of the 
     programs and research and models used to design the programs; 
     and
       (ii) a description of how the programs described in clause 
     (i) will support the success of women and girls, 
     underrepresented minorities, and individuals from all 
     economic backgrounds (including economically disadvantaged 
     individuals and individuals living in economically distressed 
     areas) in STEM education, such as--

       (I) recruiting women and girls, underrepresented 
     minorities, and individuals from all economic backgrounds 
     (including economically disadvantaged individuals and 
     individuals living in economically distressed areas) to 
     participate in the programs;
       (II) supporting educators who will lead the programs, and 
     participants in the programs;
       (III) encouraging partnerships between in-school and out-
     of-school educators, such as afterschool providers, science 
     centers, and museums;
       (IV) identifying public and private partners that are able 
     to support the programs; and
       (V) planning for sustaining the programs financially beyond 
     the grant period; and

       (B) in the case of an eligible entity that plans to use the 
     grant funds at the secondary school level--
       (i) a description of the programs the eligible entity will 
     carry out to achieve 1 or more of the goals described in 
     paragraphs (1) through (5) of subsection (a) at the secondary 
     school level, including the content of the programs and 
     research and models used to design the programs;
       (ii) a description of how the programs described in clause 
     (i) will support the success of women and girls, 
     underrepresented minorities, and individuals from all 
     economic backgrounds (including economically disadvantaged 
     individuals and individuals living in economically distressed 
     areas) in STEM education and workforce training that prepares 
     such individuals to take advantage of employment 
     opportunities in STEM fields, such as--

       (I) recruiting women and girls, underrepresented 
     minorities, and individuals from all economic backgrounds 
     (including economically disadvantaged individuals and 
     individuals living in economically distressed areas) to 
     participate in the programs;
       (II) supporting educators who will lead such programs, and 
     participants in the programs;
       (III) identifying public and private partners that are able 
     to support the programs;
       (IV) partnering with institutions of higher education or 
     institutions providing informal science education, such as 
     afterschool programs and science centers and museums;
       (V) partnering with institutions of higher education; and
       (VI) planning for sustaining the programs financially 
     beyond the grant period;

       (iii) a review of the industry and business workforce 
     needs, including the demand for workers with knowledge or 
     training in a STEM field; and
       (iv) an analysis of job openings that require knowledge or 
     training in a STEM field.
       (d) Funds.--
       (1) Required use of funds.--An eligible entity that 
     receives a grant under this section shall use such grant 
     funds to carry out programs to achieve 1 or more of the goals 
     described in subsection (a) at the elementary school or 
     secondary school levels, with respect to women and girls, 
     underrepresented minorities, and students from all economic 
     backgrounds (including economically disadvantaged individuals 
     and students living in economically distressed areas).
       (2) Authorized use of funds.--The programs described in 
     paragraph (1) may include any of the following activities, 
     with respect to the individuals described in paragraph (1):
       (A) Carrying out the activities described in 
     subparagraph(A)(ii) or B)(ii) of subsection (c)(2), as 
     appropriate.
       (B) Providing professional development for teachers, 
     afterschool providers, and other

[[Page 2743]]

     school personnel in elementary schools or secondary schools, 
     including professional development to encourage, through 
     academic instruction and support, such individuals to pursue 
     advanced classes and careers in STEM fields.
       (C) Providing tutoring and mentoring programs in STEM 
     fields.
       (D) Establishing partnerships with institutions of higher 
     education, potential employers, and other industry 
     stakeholders that expose such individuals to professionals in 
     STEM fields, or providing opportunities for postsecondary 
     academic credits or credentials.
       (E) Providing after-school activities and other informal 
     learning opportunities designed to encourage interest and 
     develop skills in STEM fields.
       (F) Providing summer programs to extend learning time and 
     to deepen the skills and interest in STEM fields of such 
     individuals.
       (G) Purchasing and utilizing--
       (i) educational or instructional materials that are 
     designed to improve educational outcomes in STEM fields, and 
     will serve to deepen the skills and interest in STEM fields 
     of such individuals; or
       (ii) equipment, instrumentation, or hardware used to teach 
     and encourage interest in STEM fields.
       (H) Internships or opportunities for experiential learning 
     in STEM fields.
       (e) Report.--
       (1) Eligible entities.--Each eligible entity receiving a 
     grant under this section shall, on an annual basis, submit a 
     report to the State educational agency on the use of funds 
     and the number of students who participated in the programs 
     carried out with the grant funds.
       (2) State educational agency.--Each State educational 
     agency shall, on an annual basis, submit to the Secretary a 
     report on the use of funds and the number of students who 
     participated in the programs carried out in the State with 
     the grant funds.
       (3) Secretary.--The Secretary shall, on an annual basis, 
     and using the reports received under paragraph (2), report to 
     Congress on the overall impact and effectiveness of the grant 
     program under this section.
       (f) Definitions.--In this section:
       (1) ESEA definitions.--The terms ``educational service 
     agency'', ``elementary school'', ``local educational 
     agency'', ``institution of higher education'', ``secondary 
     school'', ``Secretary'', and ``State'' have the meanings 
     given the terms in section 6101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       (2) Community college.--The term ``community college'' has 
     the meaning given the term ``junior or community college'' in 
     section 312 of the Higher Education Act of 1965 (20 U.S.C. 
     1058).
       (3) Economically disadvantaged individual.--The term 
     ``economically disadvantaged individual'' has the meaning 
     given the term in section 400.4 of title 34, Code of Federal 
     Regulations, as such section is in effect on the date of 
     enactment of this Act.
       (4) Economically distressed area.--The term ``economically 
     distressed area'' means a county or equivalent division of 
     local government of a State in which, according to the most 
     recently available data from the Bureau of the Census, 40 
     percent or more of the residents have an annual income that 
     is at or below the poverty level.
       (5) Eligible entity.--The term ``eligible entity'' means--
       (A) a local educational agency;
       (B) an educational service agency serving more than 1 local 
     educational agency;
       (C) a consortium of local educational agencies;
       (D) a nonprofit organization that--
       (i) works with elementary schools, secondary schools, or 
     institutions of higher education; and
       (ii) has demonstrated a commitment to achieving the goals 
     described in paragraphs (1) through (4) of subsection (a); or
       (E) a community college working in partnership with 
     secondary schools to create opportunities for dual 
     enrollment, credit transfer, or accelerated postsecondary 
     credentialing.
       (6) Partners.--The term ``partners'' means organizations 
     that employ workers in STEM-related careers or organizations 
     with demonstrated expertise in identifying, scaling, and 
     implementing successful practices in STEM education and 
     workforce development.
       (7) STEM.--The term ``STEM'' means--
       (A) science, technology, engineering, and mathematics; and
       (B) other academic subjects that build on the subjects 
     described in subparagraph (A), such as computer science.
       (8) Underrepresented minority.--The term ``underrepresented 
     minority'' has the meaning given the term ``minority'' in 
     section 637.4(b) of title 34, Code of Federal Regulations, as 
     such section is in effect on the date of enactment of this 
     Act.

  The Acting CHAIR. Pursuant to House Resolution 125, the gentleman 
from Massachusetts (Mr. Kennedy) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. KENNEDY. Mr. Chairman, I rise today to offer an amendment rooted 
in values that I know we all share. While we may disagree over various 
aspects of Federal policy in K-12 education, there are important areas 
where we can in fact find common ground.
  We all believe that our children deserve an education that prepares 
him or her to succeed in a modern economy. We all know that far too 
many children don't get that chance today--particularly children in 
minority and high-poverty schools. We all know that over the next 10 
years, jobs in STEM fields--science, technology, engineering, and 
mathematics--are expected to grow at almost twice the rate of jobs in 
other fields.
  Today, in Massachusetts, Mr. Chairman, the unemployment rate for 
Hispanic residents is 60 percent higher than for their White neighbors, 
and it is over 110 percent higher for African Americans. Even more 
alarming, the poverty rate for Black families in Massachusetts is 144 
percent higher than their White neighbors and 273 percent higher for 
Hispanics. Shockingly, those numbers are actually better than far more 
States across the country.
  While our economy is steadily improving, that gap is a dangerous 
economic undercurrent that, left unaddressed, will affect us all. In an 
increasing globalized and competitive economy, we need to ensure that 
we are tapping all the talent and potential that we have here in 
America in order to succeed.
  Title I funds are some of the best resources the Federal Government 
has to make sure that every child in every school has a fair chance at 
the starting line, delivering much-needed assistance to schools that 
disproportionately serve minority and low-income communities. But this 
bill, in its current form, would jeopardize the already inadequate 
resources that so many schools depend on.
  The Democratic substitute is a better path. It would protect those 
title I resources and allow them to serve their original civil rights 
purpose: to ensure that each of our students has an equal chance to 
succeed.
  I join my Democratic colleagues in wishing that we were not 
considering a bill today that would consolidate title I funds and 
undermine their historic role. But the amendment I offer today says 
that even if we are going to be living in the proposed world of cuts 
and block grants, STEM education and economic justice are still 
priorities we must elevate.
  My amendment would simply allow but not require States to use their 
flexible title I funding for grants that support the success of women, 
minorities, and low-income students in STEM.
  Too often, Mr. Speaker, the resources our teachers need to prepare 
their students for jobs today and tomorrow are limited by ZIP Code, 
gender, and race. That makes this far more than an economic issue. It 
is a civil rights issue that will define our society for generations to 
come.
  I know that we all support equal access to the jobs of a modern 
economy. That is why we must pass this amendment, increase the reach of 
STEM education into communities that need it most, and ensure that a 
student's potential isn't limited by the street that he or she grows up 
on.
  With that, Mr. Speaker, I reserve the balance of my time.
  Mr. KLINE. Mr. Chairman, I claim the time in opposition.
  The Acting CHAIR. The gentleman from Minnesota is recognized for 5 
minutes.
  Mr. KLINE. Mr. Chairman, I thank my colleague for offering this 
amendment, even though I am opposed to it.
  The Federal Government has taken a very active role in improving STEM 
education. In fact, in a count I took a couple of years ago, there were 
over 200 Federal STEM programs, but our multibillion-dollar investment 
is failing to produce strong results--not because of lack of funding, 
but because of too much bureaucracy.
  Let's stop throwing money at new programs and instead provide States 
and local districts the flexibility to invest in programs that produce 
more efficient and effective results instead of Washington's 
priorities.

[[Page 2744]]

  I agree with the importance of this issue for the future of our 
skilled workforce, but I have concerns that it introduces yet another 
Federal program.
  For these reasons, I oppose the amendment, but urge my colleagues to 
support the bill.
  I reserve the balance of my time.
  Mr. KENNEDY. Mr. Chairman, if I might inquire as to the time I have 
remaining.
  The Acting CHAIR. The gentleman from Massachusetts has 1\1/2\ minutes 
remaining.
  Mr. KENNEDY. I yield 1 minute to my colleague from Connecticut (Ms. 
Esty).
  Ms. ESTY. Mr. Chairman, I rise today in support of this commonsense 
amendment, and I want to thank my good friend, Congressman Kennedy, for 
his leadership on this issue.
  This amendment supports equal opportunities for all of our children. 
Many of the good-paying jobs of the future will require STEM skills, 
and we as a country must do better to ensure that all children, no 
matter who they are or where they live, receive quality math and 
science education.
  For far too long, efforts to expand STEM education have left girls 
and children of color behind. As wages remain flat and income 
inequality only deepens across our country, ensuring access to quality 
STEM education for every child is not just a moral imperative, it is an 
economic necessity. Our children deserve these opportunities and our 
companies need vibrant diversity in their workforce.
  So, again, I want to thank Congressman Kennedy for offering today's 
amendment, and I urge my colleagues to support it.
  Mr. KLINE. Mr. Chairman, I reserve the balance of my time.

                              {time}  1530

  Mr. KENNEDY. Mr. Chairman, I appreciate the words of my colleague in 
recognition of this important issue. I just would like to point out 
that this amendment does not require anything.
  It totally allows for STEM education to be highlighted and STEM 
programs, particularly important, I believe, at a time when Hispanics 
and African Americans combined make up 13 percent of our STEM workforce 
and women only make up 26 percent of our STEM workforce.
  This is an imperative. It is a priority for our country if we are 
truly going to recognize the talent and potential of every American.
  Mr. Chairman, I yield back the balance of my time.
  Mr. KLINE. Mr. Chairman, again, I appreciate the gentleman's interest 
in this issue. His amendment creates a new program.
  Under the underlying bill, there is an allowable use. If the school 
wants to spend money on STEM education, they certainly may, and I think 
that is the right way to approach this.
  Again, I oppose the gentleman's amendment and 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 Massachusetts (Mr. Kennedy).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. KENNEDY. 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 
Massachusetts will be postponed.


                Amendment No. 2 Offered by Mr. Grothman

  The Acting CHAIR. It is now in order to consider amendment No. 2 
printed in part B of House Report 114-29.
  Mr. GROTHMAN. 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 5, lines 4, 7, 16, 20, and 24, strike ``2021'' and 
     insert ``2018''.
       Page 6, lines 4, 10, 16, 21, and 25, strike ``2021'' and 
     insert ``2018''.
       Page 7, line 4, strike ``2021'' and insert ``2018''.
       Page 450, lines 19 and 23, strike ``2021'' and insert 
     ``2018''.
       Page 461, line 17, strike ``2021'' and insert ``2018''.
       Page 484, line 11, strike ``2021'' and insert ``2018''.
       Page 619, line 7, strike ``2021'' and insert ``2018''.

  The Acting CHAIR. Pursuant to House Resolution 125, the gentleman 
from Wisconsin (Mr. Grothman) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Wisconsin.
  Mr. GROTHMAN. Mr. Chairman, there were a lot of problems in No Child 
Left Behind, and one of them, of course, is this top-down idea that the 
Federal Government can run education.
  This is a relatively simple amendment. We are shrinking the time that 
this bill, which is a very hard-worked on bill, shrinking the time 
before we revisit this issue from 6 years back down to 3 years, from 
2021 back down to 2018.
  One of the reasons why I think our forefathers did not want Federal 
Government involved in a lot of things is we move so slowly. Back home, 
my local superintendent can change policy daily. My local school boards 
meet every other week. My State superintendent can change policy daily 
and probably changes rules every few months.
  We knew there were big problems with No Child Left Behind back in 
2002-2003. Eleven or 12 or 13 years later after the problems were very 
apparent, we still have not amended that bill, which is why this is a 
good amendment right now.
  As hard-worked on as this bill is, we know a year from now, a year 
and a half from now, people will say: Oh, I wish you would have done 
that, I wish you would have done something else.
  I don't think it is too much to ask that we revisit this legislation 
3 years from now, well after our local school boards or well after our 
local State legislators will have met many, many, many times.
  I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Chairman, I claim time in opposition, 
although I am not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman is recognized for 
5 minutes.
  There was no objection.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, 50 years ago, we passed the Elementary and Secondary 
Education Act, recognizing that a child's future opportunities are 
primarily established by virtue of their education.
  We know that there is inequality in education, primarily because we 
fund it typically by the real estate tax. We fund it politically, and 
those in low-income areas tend to get the short end of the stick. That 
is why we passed the Elementary and Secondary Education Act.
  The underlying bill takes all that good work and goes backwards. They 
cap the funding. We take the money from the low-income areas, give it 
to the wealthy areas, we eliminate the focus on English learners and 
disabled. The bill goes in the wrong direction.
  By shortening the authorization of the life of this bill, under H.R. 
5, the gentleman's amendment will force us to reauthorize it and 
reconsider it in a shorter period of time, and if it is a bad bill, I 
think that is a good thing.
  Since it is my firm belief that the implementation of this bill will 
yield devastating results for our Nation's most vulnerable children, 
the gentleman and I are in agreement that we ought to revisit it as 
soon as possible, and that is why I am not in opposition to the 
amendment.
  I reserve the balance of my time.
  Mr. GROTHMAN. Mr. Chairman, I yield such time as he may consume to 
the gentleman from Minnesota (Mr. Kline).
  Mr. KLINE. Mr. Chairman, I understand the gentleman's concerns, but I 
must oppose the amendment. I believe it is important to ensure our 
strong prohibitions and limited Federal role are put in law and 
maintained for years into the future, rather than for the

[[Page 2745]]

length of a pilot project. Our school boards and superintendents and 
educators need to have some consistency and not be worried about things 
that are going to change in a year or two or three.
  These prohibitions in the bill are important to correct the course of 
the Federal Government, ensure the U.S. Secretary of Education cannot 
exercise any control over State and local education decisions, and that 
cannot be a short-term fix.
  For that reason, I oppose the gentleman's amendment.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield such time as he may 
consume to the gentleman from Colorado (Mr. Polis).
  Mr. POLIS. Mr. Chairman, believe it or not, there is something worse 
than No Child Left Behind. There is something worse than this bill, 
H.R. 5, and that is constantly moving the ball federally which, 
unfortunately, this amendment would entail.
  One of the biggest concerns from educators, from school boards, from 
State boards of education is we need time to implement whatever the 
heck you do in Washington, good, bad, or indifferent. To keep the ball 
moving constantly adds piles and piles of paperwork at the district 
level.
  No Federal education law is going to be perfect. No Child Left Behind 
isn't perfect. It has its flaws; it has its merits. H.R. 5, I don't 
think anybody would agree it is perfect. It has its merits; it has its 
flaws. Some will feel the flaws outweigh the merits. Some will feel the 
merits outweigh the flaws.
  Having the Federal education policy in place for long enough for all 
of its systems around public education to catch up and create rules, 
create policies to see the new law succeed to the extent that it can 
are absolutely critical for any Federal education law.
  The worst possible outcome would be every single 2 or 3 years, this 
body goes in a radically different direction with regard to Federal 
education policy, causing every State, every district, every educator, 
every principal--instead of spending time teaching kids and helping 
educate children in the classroom--studying up on Federal education 
policy, trying to fill out new forms, trying to figure out new testing 
regimes; and, just as they figure them out, we are going to move the 
ball again.
  Whatever the Federal education policy is, it is very important to 
have some consistency. Now, look, we have had No Child Left Behind for 
15 years. We should have replaced it earlier, but the right time wasn't 
in 2002 or 2003. It might have been when it expired in 2010.
  Let's come up with a new Federal education policy. Now, we are on 
overtime, but the answer is not to take it back before we even know 
whether a Federal education policy is working before it expires, only 
to be replaced by a new Congress with a different law requiring a 
totally different change of direction by educators, principals, school 
boards, and State boards of education.
  For these reasons, I encourage my colleagues to oppose this 
amendment.
  Mr. GROTHMAN. Mr. Chairman, can I ask how much time is remaining?
  The Acting CHAIR. The gentleman from Wisconsin has 3 minutes 
remaining.
  Mr. GROTHMAN. Mr. Chairman, I am prepared to close then.
  The Acting CHAIR. Does the gentleman from Virginia have any 
additional speakers?
  Mr. SCOTT of Virginia. I don't have any additional speakers, Mr. 
Chairman, but I believe I have the right to close.
  The Acting CHAIR. The gentleman from Wisconsin has the right to 
close.


                         Parliamentary Inquiry

  Mr. SCOTT of Virginia. Parliamentary inquiry, Mr. Chairman.
  The Acting CHAIR. The gentleman will state his parliamentary inquiry.
  Mr. SCOTT of Virginia. If ours is the position of the underlying 
bill, and they are trying to amend it, who has the right to close?
  The Acting CHAIR. A member of the committee controlling time in true 
opposition would have the right to close.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield back the balance of my 
time.
  Mr. GROTHMAN. Mr. Chairman, just one more time to emphasize on this 
amendment, it is my experience, in many, many years dealing with local 
superintendents, local school boards, very rarely are they appreciative 
of people on other levels of government without that expertise in 
education telling them what to do.
  Right now, I live in the Campbellsport School District. They are not 
appreciative when the legislature in Madison tells them how to run 
their schools, and they are certainly not appreciative when the U.S. 
Congress tells them how to run the schools.
  I am going to vote for this bill today. I think this bill is a step 
in the right direction. My guess is, if I talk to my local school 
boards 6 months from now, a year from now, they will be grateful that 
this bill passed, but they would like still more freedom.
  I do think that the local school boards are closer to the parents, 
closer to the children, and will do a better job of managing those 
schools than we will.
  That is why I have introduced this amendment. I mean, maybe 3 years 
from now, we are going to go back home to our school districts, and 
they will say: Oh, my goodness, I wish you would have prescribed more 
or ordered us around more.
  I don't think that is going to happen. I think what is going to 
happen is 3 years from today, when we look at this again, the local 
school districts are one more time going to say: Hey, back there in 
2015, when you paused this bill, I am glad you passed that bill, but 
please give us still more freedom.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Wisconsin (Mr. Grothman).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. GROTHMAN. 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 Wisconsin 
will be postponed.


                  Amendment No. 3 Offered by Mr. Meeks

  The Acting CHAIR. It is now in order to consider amendment No. 3 
printed in part B of House Report 114-29.
  Mr. MEEKS. 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 27, beginning on line 10, strike ``, at the State's 
     discretion,''.
       Page 35, line 24, strike ``may'' and insert ``shall''.

  The Acting CHAIR. Pursuant to House Resolution 125, the gentleman 
from New York (Mr. Meeks) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New York.
  Mr. MEEKS. Mr. Chairman, I yield myself such time as I may consume.
  H.R. 5 perpetuates the same serious flaw with the accountability 
systems as in No Child Left Behind, which deters high-quality teachers 
from joining low-performing schools. We need to remediate this problem.
  The current accountability system discourages quality teachers from 
joining low-performing schools because they are warned that if their 
students are not considered proficient then they will suffer adverse 
consequences.
  As it stands, if a student starts seventh grade at a fourth grade 
reading level, works diligently with their teacher, and then achieves a 
sixth grade level by the end of the school year, that student will not 
be deemed proficient, and both the teacher and the school would be 
negatively impacted.
  My amendment would change that. My amendment would require that 
annual statewide assessments measure students' growth as a crucial 
component of the achievement within the accountability system 
established by the State.
  It would leave it to the State to decide their own measurement of 
growth,

[[Page 2746]]

so they can measure an individual student's learning progress and not 
give an entire school one score based on the amount of the students who 
are deemed proficient in particular subjects.
  I believe high-quality teachers would be more willing to join schools 
composed of a significant amount of students not meeting proficiency 
standards. My amendment, therefore, upholds the fundamental principle 
of the original ESEA to encourage equality in the provision of 
education, regardless of social economic status or demographics of the 
student behind the desk.
  I reserve the balance of my time.
  Mr. KLINE. Mr. Chairman, I claim time in opposition to the 
gentleman's amendment, and I do oppose the amendment.
  The Acting CHAIR. The gentleman from Minnesota is recognized for 5 
minutes.
  Mr. KLINE. Mr. Chairman, I thank the gentleman for this amendment, 
although I do oppose it.
  This amendment would require that annual statewide assessments 
measure student growth and include such growth in that State's 
accountability system.
  Under the Student Success Act, the underlying bill, States are 
already allowed to include student growth measures in their 
accountability system if the State chooses.

                              {time}  1545

  Adding a Federal mandate is contrary to this bill's purpose of 
returning control to the hands of the State and local education 
leaders; therefore, I urge my colleagues to oppose this amendment.
  I reserve the balance of my time.
  Mr. MEEKS. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Oregon (Ms. Bonamici).
  Ms. BONAMICI. I thank the gentleman from New York for yielding and 
for offering this important amendment.
  Mr. Chairman, under No Child Left Behind, schools were punished if 
all students did not reach a static proficiency target. It did not 
matter how many gains students made or how close students were to 
reaching proficiency. The system under No Child Left Behind was 
unworkable and damaging.
  This reauthorization should recognize the tremendous gains most 
students make each year, and it should provide an incentive for schools 
to provide differentiated instruction to all students, including those 
performing above and below any proficiency benchmark. It is time to 
replace the No Child Left Behind-style accountability systems that 
label schools as failing, even when students make tremendous growth.
  This amendment is an important step in the right direction, and I 
urge my colleagues to support it.
  Mr. KLINE. I reserve the balance of my time.
  Mr. MEEKS. I yield 1 minute to the gentleman from Colorado (Mr. 
Polis).
  Mr. POLIS. I would like to thank the gentleman from New York (Mr. 
Meeks) for bringing forward this very important amendment that really 
cuts to the heart of one of the most important changes from No Child 
Left Behind.
  Mr. Chairman, as you know, No Child Left Behind had a concept called 
adequate yearly progress. It is a bit of a misnomer because it was 
anything but progress. It was a static picture of where students were. 
With this new bill reflected in H.R. 5 and the Democratic substitute, 
the goal is to look at student growth.
  Now, unfortunately, the Republican bill absent the Meeks amendment 
leaves student growth optional. The core piece of Federal education 
policy, from both a civil rights perspective and an education 
perspective, should be to ensure that for every child in our country 
there is accountability for the academic growth of that child each 
year. That is the key tenet of transparency and accountability that 
this amendment would restore to the underlying bill.
  I strongly believe that if we can pass this amendment, it would 
remedy one of the major inequities and setbacks in this bill. At least 
No Child Left Behind had universal goals, even if the goals were off 
the mark.
  Mr. MEEKS. Mr. Chairman, how much time do I have left?
  The Acting CHAIR. The gentleman from New York has 1\1/2\ minutes 
remaining.
  Mr. MEEKS. I yield 1 minute to the gentleman from Virginia (Mr. 
Scott).
  Mr. SCOTT of Virginia. Mr. Chairman, I think the case has been made 
for the growth model as opposed to the static model. It is much fairer. 
It gives credit where credit is due, as the gentleman from New York has 
said. Some teachers produce 2 and sometimes 3 years' growth in 1 year, 
but because the student was so far behind, they are still not up to par 
on the static test; and on the AYP standard, that school is a failing 
school although they did tremendous work.
  The reason that this needs to be required is these assessments are a 
little more expensive, and if you don't require it, they won't get 
done. These are the better assessments and should be a part of the 
legislation.
  I thank the gentleman for introducing his amendment.
  Mr. KLINE. I reserve the balance of my time.
  Mr. MEEKS. Mr. Chairman, this is an issue that I believe really needs 
to be addressed, and I would hope that this amendment will be included 
in a larger bipartisan reauthorization of ESEA.
  I withdraw the amendment at this time, Mr. Chairman.
  The Acting CHAIR. The amendment is withdrawn.


                Amendment No. 4 Offered by Mrs. Lawrence

  The Acting CHAIR. It is now in order to consider amendment No. 4 
printed in part B of House Report 114-29.
  Mrs. LAWRENCE. 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 30, line 14, after the second comma, insert ``by 
     status as a student in foster care,''.

  The Acting CHAIR. Pursuant to House Resolution 125, the gentlewoman 
from Michigan (Mrs. Lawrence) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Michigan.
  Mrs. LAWRENCE. Mr. Chairman, I rise today to speak in support of 
amendment No. 4, which requires that the Secretary of Education 
disapprove any State plan that fails to, in consulting with the State 
and local education agencies, demonstrate that there is a separate 
reporting of academic assessments for foster youth. The bill requires 
the Secretary of Education to report academic assessments for foster 
children.
  Victor Hugo said, ``He who opens a school door, closes a prison.'' I 
believe this statement is particularly true for children living in 
poverty, those who are homeless, and those in the foster care system.
  Many students are blessed to have parents that can be advocates for 
them in and out of school; they have parents that know their teachers, 
attend PTA meetings, and even testify at school board hearings. 
However, too many young people are not that lucky.
  One in 45 children experience homelessness in America each year. 
Children experiencing homelessness are four times more likely to show 
delayed development and are twice as likely to have learning 
disabilities. Many of these children are under the care of the State 
through our foster care system.
  There are approximately 402,000 children in foster care in the United 
States. In Michigan alone, approximately 13,000 children are in foster 
care on any given day. On average, children remain in State care for 
nearly 2 years, and 8 percent of children in foster care have been 
there for more than 4 or 5 years. The ethnic breakdown is even more 
devastating, as 24 percent of those in foster care are African 
American, double the percentage of African American children in the 
entire United States population.
  In 2013, more than 23,000 young people aged out of foster care 
without permanent families. In fact, research has shown that those who 
leave care without being linked to permanent families are likely to 
experience homelessness,

[[Page 2747]]

unemployment, and incarceration as adults. The State, therefore, has a 
vested interest in this next generation of Americans who face 
heightened emotional, behavioral, and academic challenges.
  Amendment No. 4 simply further disaggregates the data that is already 
collected. If included, the data generated would allow the State to 
track the achievement or failure of students who are in foster care on 
their academic assessments. As you are aware, academic assessment 
results are already disaggregated within each State and LEA by gender, 
racial and ethnic group, English proficiency status, students with 
disabilities, and students with an Active Duty military parent. This 
only seeks to ensure that foster youth are also monitored and reported 
on so that the State can take corrective action, as needed.
  Mr. Chairman, I yield back the balance of my time.
  Mr. KLINE. Mr. Chairman, I claim the time in opposition, although I 
am not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman from Minnesota is 
recognized for 5 minutes.
  There was no objection.
  Mr. KLINE. Mr. Chairman, I thank the gentlewoman for this amendment.
  Foster children are a vulnerable population of students that face 
many disruptions in their lives. Unfortunately, it sometimes also 
disrupts their education. This amendment will allow States and schools 
to see how their foster children are doing, in addition to other 
subgroups of students, and then better address their unique needs to 
improve their education.
  Again, I thank the gentlewoman for the amendment. I urge my 
colleagues to support the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Michigan (Mrs. Lawrence).
  The amendment was agreed to.


                Amendment No. 5 Offered by Mr. Goodlatte

  The Acting CHAIR. It is now in order to consider amendment No. 5 
printed in part B of House Report 114-29.
  Mr. GOODLATTE. 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 35, after line 7, insert the following:
       ``(G) Locally designed assessment system.--Nothing in this 
     paragraph shall be construed to prohibit a local educational 
     agency from administering its own assessments in lieu of the 
     State-designed academic assessment system under this 
     paragraph, if--
       ``(i) the local educational agency obtains approval from 
     the State to administer a locally designed academic 
     assessment system;
       ``(ii) such assessments provide data that is comparable 
     among all local educational agencies within the State; and
       ``(iii) the locally designed academic assessment system 
     meets the requirements for the assessments under subparagraph 
     (B), except the requirement under clause (ii) of such 
     subparagraph.

  The Acting CHAIR. Pursuant to House Resolution 125, the gentleman 
from Virginia (Mr. Goodlatte) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. GOODLATTE. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, like many Members of Congress, I continually hear from 
folks in my district about the need for more local control of 
education. Mandates from Washington do not always translate well to the 
school boards, administrators, and teachers who are closest to our 
Nation's students and are ultimately responsible for providing 
education in our schools.
  While the underlying bill provides flexibility to States and 
localities in many beneficial ways, the need for additional flexibility 
for school districts--specifically, in regards to testing--has come to 
my attention. The amendment I have offered would provide this 
additional flexibility to localities by giving States new authority to 
allow local educational agencies to administer their own locally 
designed academic assessment system in place of the State-designed 
academic system.
  While the same requirements as laid out by the underlying bill for 
State-designed academic assessments would also apply to any locally 
designed academic assessment, this would provide an opportunity for 
localities to create their own assessment tests if they have determined 
their respective statewide test does not meet their individual school's 
needs. They also have to have the approval of the State to do this. 
Having this choice can only benefit our Nation's schools as they seek 
to provide quality education in a transparent manner.
  I urge my colleagues to support this amendment, and I reserve the 
balance of my time.
  Mr. SCOTT of Virginia. Mr. Chairman, I rise in opposition to the 
amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. SCOTT of Virginia. Mr. Chairman, this would just add confusion to 
an already difficult situation. To have each locality set its own 
assessments means that all of the assessments are going to be 
different.
  What happens in one city is going to be different from another city. 
If a student in one city moves from another city, all of a sudden, they 
become more intelligent? No, they just did better on that different 
assessment.
  Mr. Chairman, in our Democratic substitute, we have an amendment 
coming up, an idea that the assessments should be as accurate as 
possible and that we should have as few assessments as possible.
  One of the things people keep talking about is the multiple tests and 
the burden of these tests. We can do better. But allowing each locality 
to come up with its own home-baked assessment only will lead to 
confusion and something that nobody will understand. You won't know 
whether a student in one city is doing as well as a student in another 
city because you can't compare the results.
  I reserve the balance of my time.
  Mr. GOODLATTE. Mr. Chairman, I yield myself such time as I may 
consume.
  I just want to say that this would be a new authority given to 
localities that the State would have to approve. The school district or 
locality could exercise that authority ongoing.
  Practically speaking, if a school district in Virginia, for example, 
felt that the standards of learning were not suitable for their needs, 
they would have the opportunity to create and administer their own 
Rockingham County assessment test. But since the State is still 
ultimately responsible for this and has the authority to determine to 
do this, I think this is going to occur in limited circumstances 
because the State still has that ultimate power and responsibility.
  The same requirements as laid out by the underlying bill for State-
designed academic assessments would apply to any locally designed 
academic assessment: reading and math assessments in each of grades 
three through eight and once in high school; and in science, once in 
elementary, middle, and high school; reasonable adaptations and 
accommodations for students with disabilities; inclusion of English 
learners and so on.
  This will encourage creativity and innovation that may help to better 
inform how we do this testing process. Let's open this up to more ideas 
from more communities, and I think this will be very well received by 
school systems around the country and by the States, for that matter.

                              {time}  1600

  The amendment will not decrease transparency. Parents and the 
community will still be able to have access to the information they 
need about their schools. Under my amendment, any locally derived 
assessment would still be required to provide data that is comparable 
among all local education agencies in the State.
  Chairman Alexander of the Senate HELP Committee released a discussion 
draft of his ESEA reauthorization bill in January, and it includes a 
similar provision to this amendment.
  Mr. Chairman, I appreciate the chairman and the members of his staff

[[Page 2748]]

working with me and my staff on this amendment, and I, again, urge my 
colleagues to support the amendment.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield 1 minute to the 
gentleman from Colorado (Mr. Polis).
  Mr. POLIS. Mr. Chairman, this unfortunate amendment, which enjoys the 
opposition of both the Chamber of Commerce as well as the civil rights 
and disability community, would effectively gut the transparency and 
accountability that we currently have around performance and growth in 
public schools.
  It is absolutely critical to have a common measuring stick to 
understand how all students are doing. Allowing districts to create and 
measure their success by their own standards effectively encourages 
dumbing down of standards and disguises the persistence of learning 
gaps across our communities. Accountability provides important 
information to help educators benchmark student performance relevant to 
students statewide, not just students in their school or district. The 
learning that we have for making sure that we can compare students from 
across the State is absolutely critical in creating a high performance, 
quality public education system.
  Mr. Chairman, this amendment proposes to give additional flexibility. 
It actually provides additional disguises and subterfuge, which is why 
it is opposed by both the business community and the civil rights 
community. It is really important that we maintain our commitment to 
transparency and accountability and that we know what performance 
standards we are measuring our students against. I would encourage my 
colleagues to oppose this amendment.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, I just wanted to read parts of a letter from the 
Leadership Conference on Civil and Human Rights. It says:

       Locally developed assessments will undermine one of the 
     central tenets of State and local efforts to raise 
     achievement for all students: the ability to have comparable 
     data and, as a result, know how all students, in all schools 
     and all communities, fare on a common, objective measure of 
     achievement.
       Statewide assessments serve as a check to ensure the 
     students who are the focus of Federal law--low-income 
     students, students of color, students with disabilities, and 
     English learners--are not being subject to lower expectations 
     than their peers. The assessments provide parents, 
     communities, and advocates with critical information about 
     how well different schools and districts are serving 
     different students, a crucial tool for monitoring and 
     ensuring protection of civil rights. Local assessment would 
     not allow for these same comparisons.
                                         The Leadership Conference


                                    on Civil and Human Rights,

                                                February 26, 2015.

          Oppose Goodlatte Amendment #74--Protect Civil Rights

       Dear Representative: On behalf of The Leadership Conference 
     on Civil and Human Rights, a coalition charged by its diverse 
     membership of more than 200 national organizations to promote 
     and protect the civil and human rights of all persons in the 
     United States, we urge you to oppose Representative 
     Goodlatte's Amendment #74 to H.R. 5, which would allow school 
     districts to administer their own assessments in lieu of a 
     single, statewide assessment. Locally developed assessments 
     will undermine one of the central tenets of state and local 
     efforts to raise achievement for all students: the ability to 
     have comparable data and, as a result, know how all students, 
     in all schools and all communities, fare on a common, 
     objective measure of achievement.
       Statewide assessments serve as a check to ensure the 
     students who are the focus of federal law--low-income 
     students, students of color, students with disabilities, and 
     English learners--are not being subject to lower expectations 
     than their peers. The assessments provide parents, 
     communities, and advocates with critical information about 
     how well different schools and districts are serving 
     different students, a crucial tool for monitoring and 
     ensuring the protection of civil rights. Local assessment 
     would not allow for these same comparisons.
       We continue to oppose the underlying bill and urge you to 
     vote against Goodlatte Amendment #74, which further weakens 
     H.R. 5 and undermines the protections of civil rights. If you 
     have any questions, please
     contact Liz King, Senior Policy Analyst and Director of 
     Education Policy, at [email protected].
           Sincerely,
                                                   Wade Henderson,
                                                  President & CEO.
                                                     Nancy Zirkin,
                                         Executive Vice President.

  Mr. SCOTT of Virginia. Mr. Chairman, for those reasons I would oppose 
this amendment and reserve the balance of my time.
  Mr. GOODLATTE. Mr. Chairman, I am the only speaker, and I would urge 
my colleagues to support the amendment for the reasons I have already 
elaborated. It is important to give States, local governments, and 
school divisions more flexibility. I urge my colleagues to support the 
amendment, and yield back the balance of my time.
  Mr. SCOTT of Virginia. Mr. Chairman, I would hope that we would 
follow the guidance of the business and the civil rights communities 
and oppose the amendment offered by my distinguished colleague from 
Virginia. We oppose the amendment.
  I yield back the balance of my time.
  The Acting CHAIR (Mr. Hultgren). The question is on the amendment 
offered by the gentleman from Virginia (Mr. Goodlatte).
  The amendment was agreed to.


             Amendment No. 6 Offered by Mr. Castro of Texas

  The Acting CHAIR. It is now in order to consider amendment No. 6 
printed in part B of House Report 114-29.
  Mr. CASTRO of Texas. 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 40, after line 3, insert the following:
       ``(8) Ombudsman for textbook standards.--The Secretary 
     shall appoint an ombudsman who is dedicated to overseeing and 
     resolving State disputes on textbooks standards for K-12 
     grade levels in order to ensure that States are held 
     accountable for upholding the highest academic standards for 
     K-12 textbooks.''.

  The Acting CHAIR. Pursuant to House Resolution 125, the gentleman 
from Texas (Mr. Castro) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. CASTRO of Texas. Mr. Chairman, this is a commonsense amendment 
that seeks to appoint a neutral ombudsperson within the Department of 
Education to address student K-12 textbook standards and concerns.
  This neutral ombudsperson would be somebody who could receive 
complaints from students, teachers, administrators--anybody in the 
schools. This person would be independent of the Secretary. And most 
importantly, because I know that we yield much power to the States over 
curriculum in textbooks, this is somebody who would not have any 
authority to make binding decisions to overturn State decisions, but 
somebody who could help take in complaints or concerns and also help 
resolve those concerns within the States, sometimes between publishers 
in the States, for example.
  There are a few reasons I brought this forward. First, in different 
States, as in my State of Texas, for example, there have been some very 
heated disputes over what should be included in textbooks--when we 
think about history, for example. In 2010, I believe, the State Board 
of Education in Texas considered removing Thomas Jefferson--for the 
Virginians that are here--from the list of influential philosophers. 
They have tried to remove Cesar Chavez from Texas textbooks. Some of 
the same things have happened in places like Arizona, where there have 
been very heated battles over textbooks there.
  This ombudsperson would not have any binding authority to resolve 
those disputes. This would simply be somebody at the Department of 
Education who could offer voluntarily to help resolve them or also take 
in those concerns.
  The second part is several years ago--and this is just an anecdote to 
illustrate this--there was a woman who sent me a picture over Facebook. 
The picture was of her daughter's textbook. Her daughter was taking 
summer school at, I believe, my old high school, Thomas Jefferson High 
School in San Antonio. This textbook was completely

[[Page 2749]]

graffitied. It was torn up. It was about as battered as you could find 
a textbook. This woman was making the point to me that her daughter 
should not have to be learning from that textbook because the quality 
was absolutely horrendous.
  Well, it turns out that in Texas, in some school districts, students 
were no longer able to take textbooks home with them. Even though the 
school district had not moved to online learning or anything like that, 
they weren't able to take textbooks home with them because of the 
condition of the textbooks and because they were being torn up so much.
  I think that we need at the Department of Education somebody who can 
take in those concerns and let the Congress know about them and let the 
Department know about them, but also offer to work with the States to 
improve those conditions because something like that is most certainly 
affecting students' learning ability.
  With that, Mr. Chairman, I yield back the balance of my time.
  Mr. ROKITA. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Indiana is recognized for 5 
minutes.
  Mr. ROKITA. Mr. Chairman, I thank the gentleman for offering his 
amendment, even though I am opposed to it.
  Mr. Chairman, States should have good textbooks for students that 
cover the material thoroughly, fairly, and most importantly, 
accurately. But there is no Federal role in determining what those 
books are or judging the quality of them, frankly. All the arguments 
the gentleman makes can be taken care of at the State level and at the 
local level.
  I fail to see how they would get any better result in any of his 
examples by having some Federal bureaucrat hundreds, if not thousands, 
of miles away from the situation do any better job with it. In fact, 
Mr. Chairman, the Federal Government already is prohibited from 
weighing in on things like curriculum and standards. There is 
absolutely no role for the Federal Government in approving or 
overseeing the adoption of textbooks. I think that is a bad idea. It 
leads us on a slippery slope to even worse outcomes.
  So it is in that spirit and that vein that I must oppose this 
amendment. I urge my colleagues, all of them, Republican and Democrat, 
to do so as well.
  Mr. CASTRO of Texas. Mr. Chairman, will the gentleman from Indiana 
yield me 30 seconds?
  Mr. ROKITA. I yield the gentleman 30 seconds.
  Mr. CASTRO of Texas. I hear the gentleman's concerns, and I 
understand that most of the power in this subject matter is vested with 
the States. But the fact is there are real problems in some of our 
States that are not being addressed and that aren't being handled in 
the State capitols. This position is a nonbinding one, one where folks 
in the States would have to come and voluntarily seek out a dispute 
resolution. This person wouldn't have any power to make decisions for 
the States or override any decisions. I understand the wariness among 
many here in this Chamber of the role of the Federal Government.
  Mr. ROKITA. Mr. Chairman, reclaiming my time, I thank the gentleman, 
again, for his concern, but I fail to see how this Capitol can do any 
better a job in solving the problem than the gentleman's State capitol 
or at the local level. The government that governs best is the 
government that is closest to the people, and that serves this 
situation well.
  Having nothing further to offer on this, Mr. Chairman, I yield back 
the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Texas (Mr. Castro).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. CASTRO of Texas. 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. 7 Offered by Mr. Langevin

  The Acting CHAIR. It is now in order to consider amendment No. 7 
printed in part B of House Report 114-29.
  Mr. LANGEVIN. 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 58, strikes lines 12 through 14 and insert the 
     following:
       ``(B) work-based learning opportunities that provide 
     students in-depth interaction with industry professionals for 
     the purposes of gaining experience and, if appropriate, 
     academic credit;''.
       Page 58, line 19, strike the period and insert ``; and''.
       Page 58, after line 19, insert the following:
       ``(16) if appropriate, how the local educational agency 
     will use funds under this subpart to train school counselors 
     to effectively provide students relevant information 
     regarding their individual career and postsecondary education 
     goals.''.

  The Acting CHAIR. Pursuant to House Resolution 125, the gentleman 
from Rhode Island (Mr. Langevin) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from Rhode Island.
  Mr. LANGEVIN. Mr. Chairman, I yield myself such time as I my consume.
  Mr. Chairman, I would like to thank Chairman Kline and Ranking Member 
Scott for their work in bringing this bill to the floor. While I still 
have strong concerns about the underlying bill, I am pleased to offer 
this bipartisan amendment along with my good friend and colleague, Mr. 
G.T. Thompson of Pennsylvania.
  As cochairs of the Congressional Career and Technical Education 
Caucus, Mr. Thompson and I are committed to expanding skills training 
that will provide students of all ages with the capabilities necessary 
to meet the demands of the modern economy. Our amendment simply 
provides flexibility for States to use title I funds for 
apprenticeships and comprehensive career counseling.
  Now, this is becoming a common refrain I know, but the skills gap is 
a persistent and wholly fixable drag on our economy, and we simply need 
to address it. In conversations with businessowners across my home 
State in Rhode Island, I have constantly heard that they are struggling 
to find qualified candidates to fill the job openings that they have 
available right now. In a State such as mine that has one of the 
highest unemployment rates in the country still, this is a troubling 
situation that we need to fix.
  Apprenticeships are a tested and proven way for students to gain 
real-world experience while earning credit toward high school 
graduation. Students are able to get on-the-job training and skills 
needed for future career success. Adding apprenticeships to title I 
will provide a much-needed boost to career training programs.
  Additionally, this amendment will make it easier for school districts 
to invest in comprehensive career counseling, a vital part of skills 
training.
  It is becoming clear that high school diplomas are no longer 
sufficient for the modern job market. Our amendment seeks to help 
school counselors connect high school students with the skills that 
they need to succeed in the 21st-century workforce.
  Now, Mr. Speaker, while not every job will require a college degree, 
some sort of postsecondary education will be absolutely necessary, and, 
in fact, is absolutely necessary. Whether it comes from a community 
college, a skills training program, or on-the-job training, we need to 
change what it means to be college- and career-ready. We need to 
provide students with the knowledge and the experience that will truly 
prepare them for what is next.
  With that, Mr. Chairman, I urge all of my colleagues to join us in 
supporting this amendment, and I reserve the balance of my time.
  Mr. THOMPSON of Pennsylvania. Mr. Chairman, although I am not opposed 
to this thoughtful amendment, I claim the time.
  The Acting CHAIR. Without objection, the gentleman is recognized for 
5 minutes.
  There was no objection.

[[Page 2750]]


  Mr. THOMPSON of Pennsylvania. Mr. Chairman, I want to thank my good 
friend and cochairman of the bipartisan Career and Technical Education 
Caucus, Mr. Langevin, for working with me on this amendment and his 
leadership. We believe it is vitally important that flexibility be 
provided to local school districts as they explore options for students 
to earn academic credit through internships or apprenticeships.
  Unfortunately, too often, our schools have subscribed to a one-size-
fits-all approach when it comes to the opportunities available to all 
students.

                              {time}  1615

  It is expected that all graduates will be going on to a 4-year 
postsecondary school or program. Mr. Chairman, this is a false premise. 
It is not realistic and certainly not fair to students.
  While every child should leave high school college and career ready, 
it is imperative that we allow school districts to assist young 
learners in career exploration and the positive gains that can be 
achieved through real-world work experiences.
  This amendment provides flexibility for school districts to provide 
credit for achieving these real-world academic experiences. I encourage 
support of this amendment.
  I yield the balance of my time to the gentleman from Indiana (Mr. 
Rokita), the subcommittee chairman.
  Mr. ROKITA. Mr. Chairman, I thank the gentleman for his leadership. 
On behalf of Chairman Kline and myself and other certain members of the 
committee, I would like to put on the Record that we think this 
amendment improves the underlying bill.
  I thank the gentlemen for offering it and urge my colleagues to 
support it.
  Mr. THOMPSON of Pennsylvania. Mr. Chairman, I yield back the balance 
of my time.
  Mr. LANGEVIN. Mr. Chairman, I thank both of my colleagues for their 
supportive comments in support of this amendment. I urge all of my 
colleagues to support the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Rhode Island (Mr. Langevin).
  The amendment was agreed to.


                Amendment No. 8 Offered by Mr. Barletta

  The Acting CHAIR. It is now in order to consider amendment No. 8 
printed in part B of House Report 114-29.
  Mr. BARLETTA. 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 58, line 14, strike ``and''.
       Page 58, line 19, strike the period and insert ``; and''.
       Page 58, after line 19, insert the following:
       ``(16) if appropriate, how the local educational agency 
     will use funds under this subpart to support activities that 
     coordinate and integrate before-school and after-school 
     programs, and summer school programs.

  The Acting CHAIR. Pursuant to House Resolution 125, the gentleman 
from Pennsylvania (Mr. Barletta) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. BARLETTA. Mr. Chairman, I want to thank the committee for working 
with me during markup to address my concerns, especially the bill's 
impact on our Nation's afterschool programs. Supporting kids who attend 
afterschool programs has been a bipartisan effort.
  My amendment simply requires school districts that use title I money 
for afterschool, before school, or summer school activities to report 
and describe those activities in their local plans. I am confident the 
data collected from this reporting will further demonstrate the 
importance of afterschool programs to our Nation's kids.
  We already know afterschool programs help keep kids safe, improve 
academic performance, and help working families across America. The 
benefits of these programs span all aspects of our communities. 
Students participating in afterschool programs have shown improvement 
in homework completion. There is also improvement in class 
participation and in attendance.
  This all leads to better grades, better behavior, and lower rates of 
drug use and violence. Where I am from in Pennsylvania, gangs have 
become a problem in some of our areas. When I was mayor of Hazleton, I 
saw it on our own streets. Afterschool programs offer a safe 
environment for kids to further their academic learning, rather than 
seeking out and joining gangs.
  For example, I am proud that SHINE, the Schools & Homes In Education 
afterschool program is expanding from Carbon County into Luzerne County 
in my district. This nationally recognized program offers afterschool 
and summer school programs for kids in pre-K through college. It 
focuses on projects in STEM courses--science, technology, engineering, 
and math--as well as the arts.
  SHINE helps produce better-educated young people who later go on to 
graduate from professional schools, colleges, and universities to 
become important parts of our Nation's workforce. It is a deterrent for 
criminal behavior.
  At the end of the day, afterschool programs like SHINE can change a 
child's future for the better. I will continue to advocate for their 
success. I have a special interest in the improvement of our 
educational system because two of my four daughters are teachers. This 
amendment and legislation as a whole are very close to my heart.
  Afterschool programs help ensure America's students succeed not only 
in academic success, but in student engagement as well.
  I ask my colleagues to demonstrate their support for afterschool 
programs by supporting my amendment, and I urge a ``yes'' vote.
  Mr. Chairman, I yield the remainder of my time to the gentleman from 
Georgia (Mr. Allen).
  Mr. ALLEN. Mr. Chairman, I rise in support to my friend, Mr. Lou 
Barletta's amendment to the Student Success Act.
  Last week, I had the opportunity to spend time in our district and 
visit many of our local schools. One thing that I heard from both 
administrators and teachers are the success of afterschool programs and 
the summer programs. Let's face it, sometimes, students just have a 
difficult time maybe during the school year, and they get behind, and 
when they get behind, they tend to stay behind.
  These afterschool programs and these summer programs give our 
students the opportunity to catch up. That is important because, as 
long as they are with and remain with the class and can be successful, 
they are successful students.
  That is why I am proud to support Mr. Barletta's amendment providing 
that school districts report afterschool, before school, or summer 
activities in their local education plans.
  Mr. BARLETTA. Mr. Chairman, I yield back the balance of my time.
  Mr. KILDEE. Mr. Chairman, I claim the time in opposition to the 
amendment, though I am not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman from Michigan is 
recognized for 5 minutes.
  There was no objection.
  Mr. KILDEE. Mr. Chairman, I want to thank my friend, Mr. Barletta, 
for his interest and his work on this subject, as well as thank our 
ranking member for his service and the work that he has put into this 
overall effort.
  This is really important, and I think it is important that we stop 
for a moment and recognize the effect, the impact, that afterschool 
programs have in the lives and the trajectory of the lives of so many 
kids in this country who otherwise don't have a positive outlet for all 
the energy that these young people carry around with them all the time.
  There are neighborhoods in this country--certainly neighborhoods in 
the communities that I represent--that without afterschool programming 
provided in that school building, there is no other positive avenue 
available for them. There is not a community center. There is not a 
park that is maintained. They don't have the access to

[[Page 2751]]

or the means to join a YMCA or a YWCA.
  For these kids, the only avenue they have to explore cultural 
activities, to become involved in music or in the arts or in just good 
physical exercise, are those afterschool programs, which have the 
additional value of connecting these young people to their school in a 
way that is not solely tied to simply classroom time and the very 
important work that they are doing on their academic studies, but 
allows them to fill that connection to school as the center of their 
community.
  Of course, what we know--and the research is clear on this--is that 
young people who are involved in afterschool programming, they do 
better academically.
  Mr. Chairman, I appreciate Mr. Barletta's efforts on this, and I look 
forward to working with him on afterschool programming. It is really 
important, and I think it is right that the Congress address it.
  With that, I yield the remainder of my time to the gentleman from 
Virginia (Mr. Scott), the ranking member.
  Mr. SCOTT of Virginia. Mr. Chairman, I thank the gentleman for 
yielding, and I thank the gentleman for his amendment.
  I support the important work being done by afterschool, before 
school, and summer programs. These programs have been proven to 
increase academic achievement, increase student achievement, and reduce 
dropouts.
  This is especially powerful in light of some studies that show that 
many students actually regress during the summer. If they are given 
effective summer programs, that regression can certainly be stopped, so 
it is a very powerful idea.
  I thank the gentleman for offering his amendment, and I hope that it 
is adopted.
  Mr. KILDEE. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Pennsylvania (Mr. Barletta).
  The amendment was agreed to.


                 Amendment No. 9 Offered by Mr. Quigley

  The Acting CHAIR. It is now in order to consider amendment No. 9 
printed in part B of House Report 114-29.
  Mr. QUIGLEY. 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:

       Strike section 119 and insert the following new section:

     SEC. 119. QUALIFICATIONS FOR PARAPROFESSIONALS.

       Section 1119 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6319) is amended--
       (1) by striking subsections (a), (b), (d), (i), (j), (k), 
     and (l);
       (2) by redesignating subsection (c) as subsection (a);
       (3) by redesignating subsections (e) through (h) as 
     subsections (b) through (e), respectively;
       (4) in subsection (a), as redesignated by paragraph (2), by 
     striking ``hired after the date of enactment of the No Child 
     Left Behind Act of 2001 and'';
       (5) in subsection (b), as redesignated by paragraph (3), by 
     striking ``Subsections (c) and (d)'' and inserting 
     ``Subsection (a)''; and
       (6) in the section heading, by striking ``teachers and''.

  The Acting CHAIR. Pursuant to House Resolution 125, the gentleman 
from Illinois (Mr. Quigley) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Illinois.
  Mr. QUIGLEY. Mr. Chairman, we must keep a critical part of ESEA: 
standards for paraprofessionals.
  Republicans and Democrats agree, classroom professionals--or 
paraprofessionals as they are called--must be prepared and equipped to 
carry out their work in the classroom.
  Today, paraprofessionals are qualified to provide much-needed 
instructional support, especially for students with special needs. 
Every school district in our country is in compliance with these 
standards and has been since 2006. In fact, 11 States, including my own 
State of Illinois, have already codified these requirements in their 
own State law.
  Removing these Federal requirements would risk defaulting to low or 
nonexistent standards for these professionals at the State or local 
levels. We simply can't let this happen.
  Classrooms are already severely overcrowded, and paraprofessionals 
provide teachers with the critical support they need to best educate 
our children. I am a strong supporter of our teachers, and part of that 
support comes in ensuring that their aides and other classroom 
counterparts are qualified to do their jobs.
  By eliminating these standards, we are turning our backs on the 
teachers who educate our children. Let's support our teachers and 
support paraprofessionals.
  I urge a ``yes'' vote on my amendment.
  I reserve the balance of my time.
  Mr. ROKITA. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Indiana is recognized for 5 
minutes.
  Mr. ROKITA. Mr. Chairman, I thank my colleagues for this amendment, 
although I must oppose it.
  This amendment adds back specific Federal requirements for 
paraprofessionals. These provisions place too much emphasis on a 
teacher's credentials, degrees, and licensing. As a result, schools 
have come to value a teacher's resume over his or her ability to 
increase student achievement, i.e., their effectiveness.
  The elimination of these requirements in the Student Success Act does 
not prohibit States or local school districts from having requirements 
for teachers and paraprofessionals, but certainly, it is not the job of 
the Federal Government to tell States and locals what those 
requirements are.
  Because of that, I urge my colleagues to vote against this amendment.
  I reserve the balance of my time.
  Mr. QUIGLEY. Mr. Chairman, I yield 1 minute to the gentleman from 
West Virginia (Mr. McKinley).
  Mr. McKINLEY. Mr. Chairman, I thank the gentleman.
  Paraprofessionals play an important role in our schools. They are 
teacher's aides, instructional assistants, and often work closest with 
special-needs students. They also provide support to teachers by 
working with students in direct instructional roles.
  As a grandfather of a student with special needs, I clearly 
understand the importance of ensuring that he has the proper support he 
needs at school.
  This amendment does not create any new standards or requirements. It 
simply maintains the qualification requirements already in place. 
Without these requirements, we risk having underqualified people in 
charge of special education students.
  It is critical to student success that we have qualified, trained 
paraprofessionals, teachers, and administrators. Remember, every 
schoolteacher in the country is already compliant with this 
requirement.
  This is common sense, and I urge support of this amendment.
  Mr. ROKITA. Mr. Chairman, I reserve the balance of my time.
  Mr. QUIGLEY. Mr. Chairman, I yield 1 minute to the gentleman from 
Virginia (Mr. Scott), the ranking member.
  Mr. SCOTT of Virginia. Mr. Chairman, I thank the gentleman for 
yielding.
  Mr. Chairman, when Congress enacted No Child Left Behind in 2002, we 
recognized the importance of paraprofessional qualifications.
  Because their support to students has a significant impact on their 
success in school, paraprofessionals provide a wide range of critical 
support, including tutoring, computer assistance, library resources, 
classroom management, translation, and other instructional services.
  In the past 13 years, paraprofessionals have met these strong 
qualifications, including minimum postsecondary credentials and a 
demonstration of specialized knowledge. They already meet these 
standards, and that is why it is unfortunate that the underlying bill 
repeals these standards.

                              {time}  1630

  We don't understand why we would want to go backwards in maintaining 
the high standards; and that is why

[[Page 2752]]

this amendment is so important, and I would hope it would be adopted.
  Mr. ROKITA. I reserve the balance of my time.
  Mr. QUIGLEY. Mr. Chair, the entire purpose of ESEA was to improve the 
status of education for all of our children in this country regardless 
of their ZIP Code or their special needs status. Let's keep these 
standards for paraprofessionals intact. I urge my colleagues to vote 
for this bipartisan amendment to support teachers and students.
  I yield back the balance of my time.
  Mr. ROKITA. Mr. Chair, in closing, I would like to say that the whole 
theme, the whole purpose of the Student Success Act is the fact that we 
trust teachers, parents, local policymakers, local taxpayers more, 
thinking that they can do a better job than anyone out here in 
Washington, D.C.
  The arguments the gentlemen make are certainly good ones. Standards 
are a good thing; they should be made at the local and State level. The 
government that governs best is the one that is closest to the people. 
That is what the Student Success Act, in large part, is about.
  The gentleman from West Virginia indicates that he is the grandfather 
of a special needs child. I am the father of a special needs child. As 
one of the authors of the Student Success Act, I think these standards 
can be well adopted at the State and local level, and that is where 
they should be adopted.
  With that, I urge my colleagues to vote against this amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Illinois (Mr. Quigley).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. QUIGLEY. Mr. Chair, 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 Illinois 
will be postponed.


                 Amendment No. 10 Offered by Ms. Fudge

  The Acting CHAIR. It is now in order to consider amendment No. 10 
printed in part B of House Report 114-29.
  Ms. FUDGE. 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 92, strike lines 8 through 14 and insert the 
     following:

     SEC. 121. FISCAL REQUIREMENTS.

       Section 1120A (20 U.S.C. 6321) is amended by striking 
     ``part'' each place such term appears and inserting 
     ``subpart''.
       Page 563, after line 16, insert the following (and 
     redesignate provisions accordingly):

     ``SEC. 6541. MAINTENANCE OF EFFORT.

       ``(a) In General.--A local educational agency may receive 
     funds under a covered program for any fiscal year only if the 
     State educational agency finds that either the combined 
     fiscal effort per student or the aggregate expenditures of 
     the agency and the State with respect to the provision of 
     free public education by the agency for the preceding fiscal 
     year was not less than 90 percent of the combined fiscal 
     effort or aggregate expenditures for the second preceding 
     fiscal year.
       ``(b) Reduction in Case of Failure to Meet.--
       ``(1) In general.--The State educational agency shall 
     reduce the amount of the allocation of funds under a covered 
     program in any fiscal year in the exact proportion by which a 
     local educational agency fails to meet the requirement of 
     subsection (a) of this section by falling below 90 percent of 
     both the combined fiscal effort per student and aggregate 
     expenditures (using the measure most favorable to the local 
     agency).
       ``(2) Special rule.--No such lesser amount shall be used 
     for computing the effort required under subsection (a) of 
     this section for subsequent years.
       ``(c) Waiver.--The Secretary may waive the requirements of 
     this section if the Secretary determines that a waiver would 
     be equitable due to--
       ``(1) exceptional or uncontrollable circumstances, such as 
     a natural disaster; or
       ``(2) a precipitous decline in the financial resources of 
     the local educational agency.''.

  The Acting CHAIR. Pursuant to House Resolution 125, the gentlewoman 
from Ohio (Ms. Fudge) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentlewoman from Ohio.
  Ms. FUDGE. Mr. Chairman, my amendment would reinstate maintenance of 
effort requirements in H.R. 5. It would continue to require States to 
show that current year funding is at least 90 percent of the prior year 
amount before receiving any Federal education dollars.
  Maintenance of effort is intended to protect resources for schools 
and students in tough economic times. Removal of maintenance of effort 
requirements from ESEA, as contemplated in H.R. 5, would allow States 
to raid their education budgets to pay for other budget line items or 
programs. That will leave the Federal Government the primary or only 
funding source for schools.
  If the goal of H.R. 5 is to reduce Federal input for education, this 
does just the opposite. States should not be given free rein to reduce 
school funding. That approach disproportionately impacts poor 
communities and children. This Congress should not revert to the times 
of larger class sizes, poorly supported teachers, and less access to 
rigorous curriculum for so many of our poor, disabled, and English-
learning children.
  The 90 percent MOE threshold in common law is a commonsense 
safeguard. It ensures State agencies remain invested in key education 
programs while still allowing States the room to respond to changing 
fiscal realities.
  Mr. Chairman, I yield 1 minute to the gentleman from Virginia (Mr. 
Scott), the ranking member.
  Mr. SCOTT of Virginia. I thank the gentlelady for yielding.
  Mr. Chairman, the purpose of ESEA is to increase resources to an 
education, especially focused on areas of high poverty. The underlying 
bill limits the amount of money that can be spent under the bill. It 
takes money by changing the formula from low-income areas to high-
income areas, and now this amendment tries to eliminate one of the most 
devastating impacts, that is the requirement of the maintenance of 
effort.
  If there is Federal money going into the States, it can only increase 
money going to education if the States maintain their effort. If they 
are able to reduce their effort and just replace the money they were 
spending with the Federal money, then there has been no increase in 
education, and the ones left behind continue to remain behind.
  This is an extremely important amendment. It makes sure that the 
Federal money actually increases the money going to education to help 
those left behind, and I would hope that we would correct this grievous 
error in the underlying bill by adopting the amendment.
  Mr. ROKITA. Mr. Chair, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Indiana is recognized for 5 
minutes.
  Mr. ROKITA. Mr. Chair, I oppose this amendment because it simply goes 
back to the status quo of current law, which ties the hands of State 
officials over budgeting.
  What schools and States need is less Federal control and greater 
flexibility, not the opposite. We need to stop thinking that we know 
what is best for States, and that includes telling them how much to 
spend on various areas of their budget.
  I want to be clear that the statutory civil rights provisions in 
current law are kept. We don't have that issue with this bill.
  I want to also make the point that just because you spend more money 
on something doesn't mean you get a better result. Since 1970, Federal 
education spending has increased 300 percent in this country, while 
test scores have remained flat. So just increasing funding levels isn't 
necessarily the answer.
  The fact of the matter is an MOE directs the States' and individuals' 
property, i.e., their money, to do things that really we shouldn't be 
telling States or localities or individuals what to do with.
  With that, I reserve the balance of my time.
  Ms. FUDGE. Mr. Chairman, may I inquire as to how much time I have 
remaining?

[[Page 2753]]

  The Acting CHAIR. The gentlewoman from Ohio has 2\1/2\ minutes 
remaining.
  Ms. FUDGE. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Oregon (Ms. Bonamici).
  Ms. BONAMICI. Mr. Chairman, I thank Representative Fudge for yielding 
and for offering this important amendment.
  Public education is primarily the responsibility of States and local 
school districts. Historically, the Federal Government contributes 
about 10 percent of funding to K-12 education.
  The Elementary and Secondary Education Act, since it was first 
enacted as part of the war on poverty, has supplemented the role of 
States and districts by providing targeted resources to students and 
communities that have traditionally been underserved and continue to 
need that additional support. This amendment is critical to preserving 
that targeted role.
  The receipt of Federal funds should not be used to replace the 
investment of States in public education. I urge my colleagues to 
support Representative Fudge's important amendment.
  Mr. ROKITA. I continue to reserve the balance of my time.
  Ms. FUDGE. Mr. Chairman, it is certainly important that we restore 
MOE requirements to this bill. H.R. 5 must be amended to ensure every 
child in America has access to a quality education.
  Mr. Chairman, this bill is so flawed that even this amendment will 
not improve it significantly. Therefore, I respectfully withdraw my 
amendment.
  The Acting CHAIR. The amendment is withdrawn.


               Amendment No. 11 Offered by Mr. DeSaulnier

  The Acting CHAIR. It is now in order to consider amendment No. 11 
printed in part B of House Report 114-29.
  Mr. DeSAULNIER. 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 92, strike lines 19 and 20 and insert the following:
       (2) in subsection (a)--
       (A) by striking ``such as the Early Reading First 
     program''; and
       (B) by adding at the end the following new sentence: ``Each 
     local educational agency shall develop agreements with such 
     Head Start agencies and other entities to carry out such 
     activities.''; and

  The Acting CHAIR. Pursuant to House Resolution 125, the gentleman 
from California (Mr. DeSaulnier) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from California.
  Mr. DeSAULNIER. Mr. Chairman, there is no doubt that Head Start 
programs produce incredible benefits for American children and families 
involved and for their communities. Those benefits are not only 
educational, but economic and health-related as well.
  As a former Head Start commissioner in California, I have seen 
firsthand how effective these programs can be at making kids excited 
about learning at an early age and the positive effects that they have 
on their education in the future.
  The original intent of the law was to ensure that local education 
agencies are working collaboratively with Head Start to ensure Head 
Start is providing services that are the most thoughtful and relevant 
to their local community. However, while Head Start agencies are 
required to form coordination agreements with local education agencies, 
the opposite is not true, which slows the process and creates 
unnecessary bureaucracy.
  For example, this loophole causes Head Start agencies to spend weeks 
on end trying to pin down the local education agency. The local 
education agency, on the other hand, doesn't feel that it is a priority 
to sign an official agreement since they are not required to do so. 
This causes the process to break down.
  This amendment is short and sweet. It would simply strengthen the 
language that currently exists within the ESEA, which reads that both 
parties must coordinate with early childhood programs and, instead, 
require local education agencies to develop agreements with Head Start 
agencies.
  It would make agreements a two-way street, would clarify and solidify 
the process, and would be a victory for local education agencies, Head 
Start programs, and the children in the programs that they both serve.
  It is long overdue to make this fix, and it is noncontroversial and 
nonpartisan.
  I yield back the balance of my time, Mr. Chair.
  Mr. ROKITA. Mr. Chair, I claim time in opposition, although I am not 
opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman from Indiana is 
recognized for 5 minutes.
  There was no objection.
  Mr. ROKITA. Mr. Chairman, research indicates reliable, high-quality 
child care is critical to sustaining parents' ability to work. That is 
why the legislation would allow States and schools to use funds 
allocated through what we call the local academic flexible grant under 
title I to support pre-K programs. Instead of creating a Federal 
program, as I see this amendment, it improves the coordination between 
existing Head Start programs and local educational agencies.
  This amendment improves the underlying bill, I think, and strengthens 
existing early childhood care and education programs for children in 
low-income families.
  As a cosponsor of the bill, I would like to thank the gentleman for 
offering this amendment. Again, I think it improves the underlying 
bill, and I urge my colleagues to support it.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. DeSaulnier).
  The amendment was agreed to.


        Amendment No. 12 Offered by Mr. Rodney Davis of Illinois

  The Acting CHAIR. It is now in order to consider amendment No. 12 
printed in part B of House Report 114-29.
  Mr. RODNEY DAVIS of Illinois. 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 225, line 17, strike the final quotation marks and 
     period at the end.
       Page 225, after line 17, insert the following:

     ``SEC. 1405. RULE OF CONSTRUCTION FOR COLLECTIVE BARGAINING.

       ``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) or under the terms of collective 
     bargaining agreements, memoranda of understanding, or other 
     agreements between such employers and their employees.''.

  The Acting CHAIR. Pursuant to House Resolution 125, the gentleman 
from Illinois (Mr. Rodney Davis) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from Illinois.
  Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I rise today to offer 
this amendment that would protect the voices of our educational 
professionals and also maintain local control, which is what reforming 
the ESEA program is all about, especially in my district.
  This amendment simply protects the savings clause of title I of the 
Elementary and Secondary Education Act to ensure that nothing in 
Federal law can be construed to terminate or overturn a State or local 
collective bargaining law, memorandum, or other agreements.
  The savings clause predates No Child Left Behind and has been in 
existence for more than 20 years. In addition, 34 States, including my 
home State of Illinois, Mr. Chairman, explicitly allow collective 
bargaining for teachers, education support professionals, and other 
higher education faculty. The amendment does not expand collective 
bargaining rights that exist in current law.
  The bottom line is this amendment provides certainty to local and 
State entities that the current collective bargaining agreements will 
remain in place. This amendment is supported by

[[Page 2754]]

many here in Washington and many teachers and educational professionals 
that I have spoken with, including those at the Illinois Education 
Association and the National Education Association.
  I urge my colleagues to support this amendment to provide certainty 
for our educational professionals.
  I reserve the balance of my time.

                              {time}  1645

  Mr. SCOTT of Virginia. Mr. Chairman, I rise to claim the time in 
opposition, although I am not in opposition.
  The Acting CHAIR. Without objection, the gentleman is recognized for 
5 minutes.
  There was no objection.
  Mr. SCOTT of Virginia. Mr. Chairman, I rise in support of the 
amendment offered by the gentleman from Illinois. The amendment is 
thoughtful and necessary to restore employee protections that are 
already in current law.
  I reserve the balance of my time.
  Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I yield such time as he 
may consume to the gentleman from the great State of Indiana (Mr. 
Rokita), my colleague and friend.
  Mr. ROKITA. I thank the gentleman.
  Mr. Chair, I think this is a good amendment. It clarifies the law on 
this topic, and I am glad to support it. I thank the gentleman for 
offering it, and I urge my colleagues to support it.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield 1 minute to the 
gentleman from Colorado (Mr. Polis).
  Mr. POLIS. Mr. Chairman, relationships between districts and their 
employees can at times be turbulent. It is challenging for school board 
members, and it is challenging for educators. Most of all, it is 
challenging and frustrating for the parents of kids who are in the 
schools. What this amendment does is it helps to provide a degree of 
certainty and predictability with regard to collective bargaining 
agreements that are in place.
  As we move forward with the ESEA reauthorization, we should focus on 
what needs to be fixed and what doesn't need to be fixed. The truth is 
many collective bargaining agreements in place are strong and are an 
asset to the districts that have them. We have many school districts in 
Colorado that have entered collective bargaining agreements with their 
educators, agreements that include pay for performance, that include 
quality measures; and we should encourage that kind of creativity at 
the district level.
  The more we can do to provide the kind of stability within this 
regime as we switch to a post-No Child Left Behind era, providing the 
predictability for the educators who are in the classroom every day and 
who are doing the very best they can to educate our kids, is a tenet 
that, hopefully, we all agree on and is one that is reflected in this 
amendment, which I strongly support.
  Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I reserve the balance of 
my time in order to offer closing remarks.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield 1 minute to the 
gentlewoman from Oregon (Ms. Bonamici).
  Ms. BONAMICI. Thank you, Mr. Ranking Member, for yielding.
  Mr. Chair, I want to thank Representative Davis and Representative 
Joyce Beatty for offering this amendment. The savings clause is an 
important feature of the Elementary and Secondary Education Act, and I 
appreciate the bipartisan effort of my colleagues to reinstate it.
  The Student Success Act should respect collective bargaining 
agreements and memoranda of understanding that have been negotiated 
across this country. I commend the Representatives for their work to 
make sure that this legislation we are debating does not interfere with 
local laws or agreements, and I ask my colleagues to join me in 
supporting this amendment.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield back the balance of my 
time.
  Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I want to thank my 
colleagues on both sides of the aisle for their support for this 
commonsense amendment.
  When I go back and speak to my educational professionals and also as 
a father of three teenagers in the Taylorville, Illinois, public school 
system, it is constantly about: How do we make sure that Washington 
stays out of running our schools in our local school districts? That is 
what is so great about other provisions in this ESEA reform package. My 
colleague Mr. Rokita and my colleague Chairman John Kline have put 
measures in place that will fix some of the problems that many of us 
have seen through the implementation of No Child Left Behind over a 
decade ago.
  Local control matters, and in this instance, this clarifies that 
local control and locally negotiated collective bargaining agreements 
are not superseded by bureaucrats here in Washington, D.C.
  Mr. Chairman, may I inquire as to how much time I have remaining.
  The Acting CHAIR. The gentleman from Illinois has 2\1/4\ minutes 
remaining.
  Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I yield 2 minutes to the 
gentleman from the great State of Illinois (Mr. Bost), my friend and 
colleague.
  Mr. BOST. I thank my friend from Illinois for yielding.
  Mr. Chairman, I rise in support of the amendment, and I urge its 
adoption.
  The amendment simply states that nothing in the bill shall interfere 
with State and local collective bargaining laws. This amendment is 
about Federal respect of State and local laws. When it comes to 
education, I am a firm believer in local control, and everybody who has 
known me over the years from my State knows that to be a fact.
  For too long, the Federal Government has attempted to determine for 
parents, teachers, and school administrators what is best for our 
schools and for our children in southern Illinois. The underlying bill 
may not be perfect, but we can't let it fall for the good that it does 
do. The legislation takes an important step forward in restoring local 
control in education. That is good for my kids, and it is good for your 
kids.
  Once again, I thank my friend for the opportunity to support the 
amendment.
  Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I want to thank my 
colleague from Illinois (Mr. Bost), who has been a fighter for those in 
education throughout his tenure as a State representative in Illinois. 
He and I have worked together on these issues for over 20 years.
  Since I offered my closing remarks before he spoke, I will take this 
opportunity, before I lose my voice completely, to yield back the 
balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Illinois (Mr. Rodney Davis).
  The amendment was agreed to.


                 Amendment No. 13 Offered by Ms. Moore

  The Acting CHAIR. It is now in order to consider amendment No. 13 
printed in part B of House Report 114-29.
  Ms. MOORE. Mr. Chair, 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 229, line 1, after ``the Secretary'' insert ``makes a 
     determination in writing to Congress for that fiscal year 
     that the level and quality of educational services to 
     individuals age 5 through 17 from families with incomes below 
     the poverty line has not decreased since the date of 
     enactment of the Student Success Act and''

  The Acting CHAIR. Pursuant to House Resolution 125, the gentlewoman 
from Wisconsin (Ms. Moore) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Wisconsin.
  Ms. MOORE. Mr. Chair, I rise today, along with my colleagues 
Frederica Wilson of Florida and Danny Davis of Illinois, to offer an 
amendment.
  This amendment seeks to protect our most vulnerable students by 
ensuring that high-poverty schools are not adversely affected by 
provisions in H.R. 5, which propose changes in the funding allocation 
formula for teacher support and the quality of educational services 
under title II of the No Child Left Behind Act. Mr. Chair, if we don't 
adopt

[[Page 2755]]

this amendment, we may inadvertently break a long bipartisan agreement 
on our fundamental need to ensure that our low-income students are not 
assigned less qualified teachers and less quality educational resources 
than their more advantaged peers.
  The reality is that a school district that serves students in poverty 
faces many, many hurdles and challenges in recruiting and in retaining 
teachers as well as other qualified staff. Current law prioritizes 
teacher development funding to States and schools serving the greatest 
concentrations of students in poverty.
  Specifically, the No Child Left Behind title II formula for school 
districts focuses 65 percent of funds on students in poverty and 35 
percent on the number of students, which is students in poverty versus 
just the number of students. The State formula focuses 80 percent of 
its funding on poverty and 20 percent on student population. H.R. 5 
completely upends this. It eliminates this critical prioritization by 
equally weighting poverty with mere student population, sort of cutting 
the baby in half, 50/50. This removes substantial Federal support from 
schools and States serving the poorest students and gives these funds 
to schools and States without similar levels of economic need. This, of 
course, Mr. Chair, has an impact on every single State in the Union 
where there are disparate levels of income in our communities. It 
undermines teacher training and student achievement for students in 
poverty.
  My amendment simply would delay the implementation of this formula 
until the Secretary of Education certifies to Congress that students in 
poverty are not adversely affected by this change in service, quality, 
and level. This would provide the appropriate caution before 
eliminating that critical safeguard of funds for students in poverty.
  As written, we have strong reasons to fear that H.R. 5 would result 
in Federal dollars being siphoned away from States and school districts 
with the poorest students and being awarded to States and schools with 
higher affluence. In fact, data from the U.S. Department of Education 
released earlier this week show that H.R. 5 translates into billions of 
dollars of cuts in school districts serving high populations of Black 
and Hispanic students.
  Mr. Chair, since all politics is local, I must decry the loss of 
these educational resources to the largest school district in my 
jurisdiction, and that is the Milwaukee Public Schools system. They 
would lose upwards of $160 million in Federal funds for impoverished 
students over a 6-year period if we ratify H.R. 5 in its current form. 
Our Secretary of Education, Arne Duncan, has called this kind of a 
reverse Robin Hood--stealing from the poor to give to the rich.
  While we are discussing this, I just want to point out one last 
thing. This is budget neutral. This amendment doesn't add one dime to 
the cost of this bill. Its only intention is to protect the very 
teacher supports that help close the achievement gaps for low-income 
students. I urge my colleagues to vote in favor of this bill.
  Mr. Chair, how much time do I have?
  The Acting CHAIR. The gentlewoman has 30 seconds remaining.
  Ms. MOORE. I reserve the balance of my time.
  Mr. ROKITA. Mr. Chairman, I rise in opposition.
  The Acting CHAIR. The gentleman from Indiana is recognized for 5 
minutes.
  Mr. ROKITA. Mr. Chairman, I thank the gentlewoman for this amendment, 
although I must oppose it.
  It is my understanding that this amendment is unnecessary in the 
sense that, during the last Congress, the House adopted a nearly 
identical amendment offered by the gentlewoman when H.R. 5 was 
considered at the time. Because it was adopted, her original amendment 
is included in the base text of this version of H.R. 5; therefore, this 
amendment is duplicative of existing language.
  Mr. Chair, I would politely say to the gentlewoman that she fails to 
see just how persuasive she was in the last Congress, and I would urge 
my colleagues to oppose this amendment, not because of the underlying 
idea, but because it is simply duplicative of existing language.
  I yield back the balance of my time.
  Ms. MOORE. Mr. Chair, if this is duplicative, then it does no harm. 
This was offered with an abundance of caution because the formula is 
being proposed to be changed.
  So just vote for it. I mean, if it is repetitive or redundant, what 
is the harm? Please vote for it. Please withdraw your objection.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Wisconsin (Ms. Moore).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Ms. MOORE. Mr. Chair, 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 Wisconsin 
will be postponed.


                Amendment No. 14 Offered by Mr. McKinley

  The Acting CHAIR. It is now in order to consider amendment No. 14 
printed in part B of House Report 114-29.
  Mr. McKINLEY. 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 231, after line 3, insert the following:
       ``(7) A description of any subjects the State has 
     identified as being workforce critical subjects pursuant to 
     section 2234(6).''.
       Page 266, line 20, strike the closing quotation marks and 
     the last period.
       Page 266, after line 20, insert the following:
       ``(6) Workforce critical subject.--The term `workforce 
     critical subject' means an academic subject of urgent 
     importance to the current and future workforce needs of the 
     State, including science, technology, engineering, math, and 
     any other subject that has been identified by the State, in 
     consultation with employer, workforce, community, educator, 
     parent and professional stakeholders.''.

  The Acting CHAIR. Pursuant to House Resolution 125, the gentleman 
from West Virginia (Mr. McKinley) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from West Virginia.
  Mr. McKINLEY. Mr. Chairman, this amendment is quite simple. It 
requires States to identify ``workforce critical subjects'' for their 
schools. A workforce critical subject is one that matches the needs of 
employers to the courses being taught.
  Too often, we graduate students with skills that don't match the 
needs of our employers. In West Virginia, we have needs for jobs in oil 
and gas, health care, information technology, and clean coal research.

                              {time}  1700

  But each State is different. Currently, 60 percent of U.S. employers 
are experiencing difficulties finding qualified workers to fill 
vacancies, and 58 percent of HR professionals reported that workers 
lack competencies needed to perform their jobs.
  Today's workforce is ever changing. This amendment will help States 
identify areas where to focus on developing skills and competencies 
needed in the workforce. This could involve an increased focus on 
science, technology, engineering, and math. Identifying workforce-
critical subjects will help us do just that.
  I want to thank the STEM Education Coalition and Chairman Kline for 
their support of this amendment, and I yield back the balance of my 
time.
  Mr. SCOTT of Virginia. Mr. Chairman, I claim the time in opposition, 
although I am not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman is recognized for 
5 minutes.
  There was no objection.
  Mr. SCOTT of Virginia. Mr. Chairman, I think the gentleman's 
amendment focuses on the importance of aligning education with labor 
market needs so that when you get educated, you are educated for the 
jobs of the future. The underlying bill, however, does not insist on 
college and career-ready standards so that when young people graduate 
from high school, they

[[Page 2756]]

ought to be ready for a job or for college.
  We would like to see in the legislation that the standards set by 
each State provide that if you graduate from high school, you are able 
to go to college without remediation. That is not in the underlying 
bill. This amendment does a step in the right direction by aligning 
education to labor market needs.
  Therefore, I am not in opposition to the amendment, and I yield back 
the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from West Virginia (Mr. McKinley).
  The amendment was agreed to.
  Mr. ROKITA. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Kline) having assumed the chair, Mr. Hultgren, 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, had come to no resolution 
thereon.

                          ____________________