[Congressional Record (Bound Edition), Volume 161 (2015), Part 2]
[House]
[Pages 2913-3006]
[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 Kansas (Mr. Yoder) kindly take the chair.

                              {time}  1207


                     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. Yoder of Kansas (Acting Chair) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose on Thursday, 
February 26, 2015, a request for a recorded vote on amendment No. 41 
printed in part B of House Report 114-29 by the gentleman from Colorado 
(Mr. Polis) had been postponed.
  The Chair understands that amendment No. 42 will not be offered.


        Amendment No. 43 Offered by Mr. Thompson of Mississippi

  The Acting CHAIR (Mrs. Black). It is now in order to consider 
amendment No. 43 printed in part B of House Report 114-29.
  Mr. THOMPSON of Mississippi. Madam 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 620, after line 8, insert the following:

     SEC. 802. DELAY OF EFFECTIVE DATE.

       Notwithstanding any other provision of this Act or the 
     amendments made by this Act, this Act, and the amendments 
     made by this Act, shall not take effect until the Secretary 
     of Education--
       (1) determines that the enactment of this Act, and the 
     amendments made by this Act, will not decrease the college 
     and career readiness of students who are racial or ethnic 
     minority, students with disabilities, English learners, and 
     low-income students; and
       (2) provides written notification to Congress on such 
     determination.

  The Acting CHAIR. Pursuant to House Resolution 125, the gentleman 
from Mississippi (Mr. Thompson) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman.
  Mr. THOMPSON of Mississippi. Madam Chair, the Thompson amendment to 
the Student Success Act is a commonsense amendment that ensures 
millions of poor, minority, and disadvantaged students will not be 
overlooked in the chaos that emanates from this rewrite of our 
educational policy.
  Madam Chair, education is a civil right. Rather than develop quality 
standards that improve and enhance our system of education, this body 
has overlooked the harmful effects of H.R. 5 on funding and equal 
opportunity for millions of our students.
  H.R. 5 removes strong accountability provisions required to make sure 
that children who need the most help will actually get help. It is 
morally unacceptable and extraordinarily expensive to have 14.7 million 
poor children in our country, 6.5 million of them living at less than 
half the poverty level. All of these children exceed the combined 
residents in all 50 State capitals and the District of Columbia. The 
Thompson amendment protects these populations from discrimination.
  The Student Success Act has failed to set standards that ensure 
vulnerable minority and disadvantaged students will be able to obtain a 
high school diploma. Our Nation has demonstrated the need for Federal 
action that forces States to care about the achievement of vulnerable 
communities. More specifically, in Black communities, the legacy and 
commitment to education stems from the days of slavery when Blacks 
learned to read in secret and at risk to their own lives. Even 50 years 
after Brown v. Board of Education, these communities and schools are 
still very much segregated. However, the concentration of poverty has 
become more exacerbated. Research has shown that school districts spend 
$733 per pupil less at schools that were 90 percent minority compared 
to the schools that were 90 percent White.
  The task before this Chamber is to improve our broken system of 
education. We must right the wrongs of past education legislation and 
insert accountability for the learning of historically underserved 
students. If the goal of H.R. 5 truly is to improve our educational 
system for vulnerable students and increase their college readiness and 
career skills set, this amendment should be a no-brainer.
  The Thompson amendment is simple. It directs the Secretary of 
Education to certify that this law will not adversely impact 
minorities, students with disabilities, English learners, and students 
with low income.
  My colleagues on the other side of the aisle claim that H.R. 5 will 
improve outcomes for poor, minority, and disadvantaged students. If so, 
then a Secretarial determination of this positive impact should be 
something every Member of this body can support.
  Madam Chair, I urge my colleagues to support amendment 43, and I 
reserve the balance of my time.
  Mr. KLINE. Madam Chair, I rise in opposition to the gentleman's 
amendment.
  The Acting CHAIR. The gentleman from Minnesota is recognized for 5 
minutes.
  Mr. KLINE. Madam Chair, I do want to thank the gentleman from 
Mississippi for bringing this amendment forward, although I do oppose 
it.
  The Student Success Act, the underlying bill, requires--requires--
States and school districts to establish academic standards consistent 
with current law and requires States to establish statewide 
accountability systems that result in students being prepared for 
postsecondary education or the workforce when they graduate high 
school.
  The proper role of the Federal Government, Madam Chair, is to support 
and empower State and local innovation so that education leaders are 
better equipped to meet the needs of our most vulnerable students. It 
is back to the fundamental question of who do we trust here. We believe 
very strongly that parents, teachers, principals, superintendents, 
school boards, and States have a much better understanding of the needs 
of their students--and this is about students--than Washington does.
  I urge my colleagues to oppose the Thompson amendment and support the 
underlying bill.
  I reserve the balance of my time.

                              {time}  1215

  Mr. THOMPSON of Mississippi. Madam Chair, in taking from the comments 
from the speaker in opposition, you want the States to certify, but you 
want the Federal Government to provide the money.
  What we are saying is, if the Federal Government is providing the 
money, then they should have some oversight as to the overall standards 
that are adhered to by the program.
  What my amendment simply does is to say that the Secretary of 
Education has a responsibility to certify that all students will be 
provided the proper education and other things afforded this act. It is 
about the certification, and before we spend any money, we have to do 
that.
  If the State certifies to the Secretary, then that is fine; but if we 
are saying, as I understand the opposition to this amendment, that we 
are going to leave that certification to the States without any 
oversight from the Federal Government--all they want is our money--then 
that is a poor way to run government.

[[Page 2914]]

  Madam Chair, I ask for support of the amendment, and I yield back the 
balance of my time.
  Mr. KLINE. Madam Chair, I think the gentleman has underscored the 
very issue we are talking about.
  What we have now under current law is the Secretary of Education's 
deciding what the Secretary of Education likes or doesn't like, what to 
certify or not to certify, whether to give away or not to give away, 
whether to provide money or not to provide money.
  We believe, with the language that is in the underlying bill of 
giving the authority and the responsibility to the States and requiring 
them to establish standards and assessments to those standards that 
meet their needs, that you will get a much better result than what we 
have seen now in year after year after year with the current law, No 
Child Left Behind, which we have been living under. Republicans and 
Democrats all agree that No Child Left Behind is not working and must 
be replaced.
  We want to put our faith--we want to put our trust--in the people 
closest to the students. That is what this legislation is about. That 
is what this debate is about. Again, I urge my colleagues to oppose the 
gentleman's amendment and to support the underlying bill.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Mississippi (Mr. Thompson).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. THOMPSON of Mississippi. Madam 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 Mississippi 
will be postponed.


           Amendment No. 44 Offered by Mr. Scott of Virginia

  The Acting CHAIR. It is now in order to consider amendment No. 44 
printed in part B of House Report 114-29.
  Mr. SCOTT of Virginia. Madam 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:

       Strike the text and insert the following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. REFERENCES.

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

     SEC. 3. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

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

    TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

Sec. 101. Statement of purpose.
Sec. 102. Authorization of appropriations.
Sec. 103. State plans.
Sec. 104. Eligible school attendance areas.
Sec. 105. Academic assessment and local educational agency and school 
              improvement; school support and recognition.
Sec. 106. Parental involvement.
Sec. 107. Paraprofessionals.
Sec. 108. Comparable allocation of expenditures.
Sec. 109. Coordination requirements.
Sec. 110. Treatment of the outlying areas and Bureau of Indian 
              Education Schools.
Sec. 111. Support for high-quality assessments.
Sec. 112. State agency programs.
Sec. 113. Foster Youth.
Sec. 114. School dropout prevention.

                     TITLE II--TEACHERS AND LEADERS

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

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

Sec. 301. Language instruction.

                     TITLE IV--21ST CENTURY SCHOOLS

Sec. 401. 21st Century schools.

          TITLE V--WELL-ROUNDED STUDENTS AND ENGAGED FAMILIES

                   Subtitle A--Public Charter Schools

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

                       Subtitle B--Magnet Schools

Sec. 510. Duration of award; accountability.
Sec. 511. Authorization of appropriations; reservation.

           Subtitle C--Fund for the Improvement of Education

Sec. 512. Fund for the Improvement of Education.

          Subtitle D--Family Engagement in Education Programs

Sec. 521. Family engagement in education programs.

                   Subtitle E--Fast Track to College

Sec. 531. Short title.
Sec. 532. Purpose.
Sec. 533. Definitions.
Sec. 534. Authorization of appropriations; reservations.
Sec. 535. Authorized program.
Sec. 536. Uses of funds.
Sec. 537. Application.
Sec. 538. Peer review.
Sec. 539. Grants to States.
Sec. 540. Reporting and oversight.
Sec. 541. Rules of construction.

                TITLE VI--FLEXIBILITY AND ACCOUNTABILITY

Sec. 601. Flexibility and accountability.

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

Sec. 701. In general.

                      Subtitle A--Indian Education

Sec. 711. Purpose.

          Part 1--Formula Grants to Local Educational Agencies

Sec. 721. Formula grant purpose.
Sec. 722. Grants to local educational agencies, tribes, and indian 
              organizations.
Sec. 723. Amount of grants.
Sec. 724. Applications.
Sec. 725. Authorized services and activities.
Sec. 726. Student eligibility forms.
Sec. 727. Technical assistance.
Sec. 728. Improvement of educational opportunities for Indian children.

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

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

                      Part 3--National Activities

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

     Subtitle B--Native Hawaiian Education; Alaska Native Education

Sec. 751. Native Hawaiian education and Alaska Native education.
Sec. 752. Findings.
Sec. 753. Purposes.
Sec. 754. Native Hawaiian Education Council grant.
Sec. 755. Grant program authorized.
Sec. 756. Administrative provisions; authorization of appropriations.
Sec. 757. Definitions.
Sec. 758. Alaska Native education.

                         TITLE VIII--IMPACT AID

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

                      TITLE IX--GENERAL PROVISIONS

Sec. 900. General amendments.

   Subtitle A--Protecting Students From Sexual and Violent Predators

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

                    Subtitle B--Evaluation Authority

Sec. 911. Evaluation authority.

                 Subtitle C--Keeping All Students Safe

Sec. 911. Keeping All Students Safe.

        Subtitle D--Protecting Student Athletes From Concussions

Sec. 931. Protecting Student Athletes from Concussions.

          TITLE X--EDUCATION FOR HOMELESS CHILDREN AND YOUTHS

Sec. 1001. Education for Homeless Children and Youths.

                    TITLE XI--PREKINDERGARTEN ACCESS

 Subtitle A--Access to Voluntary Prekindergarten for Low- and Moderate-
                            Income Families

Sec. 1111. Purposes.

[[Page 2915]]

Sec. 1112. Definitions.
Sec. 1113. Program authorization.
Sec. 1114. Allotments and reservations of funds.
Sec. 1115. State eligibility criteria.
Sec. 1116. State applications.
Sec. 1117. State use of funds.
Sec. 1118. Additional prekindergarten services.
Sec. 1119. Performance measures and targets.
Sec. 1120. Matching requirements.
Sec. 1121. Eligible local entity applications.
Sec. 1122. Required subgrant activities.
Sec. 1123. Report and evaluation.
Sec. 1124. Prohibition of required participation or use of funds for 
              assessments.
Sec. 1125. Coordination with Head Start programs.
Sec. 1126. Technical assistance in program administration.
Sec. 1127. Authorization of appropriations.

             Subtitle B--Prekindergarten Development Grants

Sec. 1151. Prekindergarten development grants.

    TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

     SEC. 101. STATEMENT OF PURPOSE.

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

     ``SEC. 1001. STATEMENT OF PURPOSE.

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

     SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

       Section 1002 (20 U.S.C. 6302) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Local Educational Agency Grants.--For the purpose of 
     carrying out part A, there are authorized to be appropriated 
     $30,000,000,000 for fiscal year 2016 and such sums as may be 
     necessary for each of the 5 succeeding fiscal years.'';
       (2) in subsection (c)--
       (A) by striking ``$410,000,000'' and inserting 
     ``$500,000,000''; and
       (B) by striking ``2002'' and inserting ``2016''; and
       (3) in subsection (d)--
       (A) by striking ``$50,000,000'' and inserting 
     ``$55,000,000''; and
       (B) by striking ``2002'' and inserting ``2016''.

     SEC. 103. STATE PLANS.

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

     ``SEC. 1111. STATE PLAN.

       ``(a) Plans Required.--
       ``(1) In general.--For any State desiring to receive a 
     grant under this part, the State educational agency shall 
     submit to the Secretary a plan, developed by the State 
     educational agency, in consultation with representatives of 
     local educational agencies, teachers, school leaders, 
     specialized instructional support personnel, early childhood 
     education providers, parents, community organizations, 
     communities representing underserved populations, and Indian 
     tribes, that satisfies the requirements of this section, and 
     that is coordinated with other programs of this Act, the 
     Individuals with Disabilities Education Act, the Carl D. 
     Perkins Career and Technical Education Act of 2006, the Head 
     Start Act, the Adult Education and Family Literacy Act, and 
     the McKinney-Vento Homeless Assistance Act.
       ``(2) Consolidated plan.--A State plan submitted under 
     paragraph (1) may be submitted as a part of a consolidated 
     plan under section 9302.
       ``(b) College and Career Ready Content Standards, 
     Assessments, and Achievement Standards.--
       ``(1) General requirements.--Each State plan shall include 
     evidence that the State's college and career ready content 
     standards, assessments, and achievement standards under this 
     subsection are--
       ``(A) vertically aligned from kindergarten through grade 
     12; and
       ``(B) developed and implemented to ensure that proficiency 
     in the content standards will signify that a student is on-
     track to graduate prepared for--
       ``(i) according to written affirmation from the State's 
     public institutions of higher education, placement in credit-
     bearing, nonremedial courses at the 2-and 4-year public 
     institutions of higher education in the State; and
       ``(ii) success on relevant State career and technical 
     education standards.
       ``(2) College and career ready content standards.--
       ``(A) In general.--Each State plan shall demonstrate that, 
     not later than the 2015-2016 school year the State 
     educational agency will adopt and implement high-quality, 
     college and career ready content standards that comply with 
     this paragraph.
       ``(B) Subjects.--The State educational agency shall have 
     such high-quality, academic content standards for students in 
     kindergarten through grade 12 for, at a minimum, English 
     language arts, math, and science.
       ``(C) Elements.--College and career ready content standards 
     under this paragraph shall--
       ``(i) be developed through participation in a State-led 
     process that engages--

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

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

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

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

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

       ``(iv) for standards from kindergarten through grade 3, 
     reflect progression in how children develop and learn the 
     requisite skills and content from earlier grades (including 
     preschool) to later grades; and
       ``(v) apply to all schools and students in the State.
       ``(D) English language proficiency standards.--Each State 
     educational agency shall develop and implement statewide, 
     high-quality English language proficiency standards that--
       ``(i) are aligned with the State's academic content 
     standards;
       ``(ii) reflect the academic language that is required for 
     success on the State educational agency's academic content 
     assessments;
       ``(iii) predict success on the applicable grade level 
     English language arts content assessment;
       ``(iv) ensure proficiency in each of the domains of 
     speaking, listening, reading, and writing in the appropriate 
     amount of time; and
       ``(v) address the different proficiency levels of English 
     learners.
       ``(E) Early learning standards.--The State educational 
     agency shall, in collaboration with the State agencies 
     responsible for overseeing early care and education programs 
     and the State early care and education advisory council, 
     develop and implement early learning standards across all 
     major domains of development for preschoolers that--
       ``(i) demonstrate alignment with the State academic content 
     standards;
       ``(ii) are implemented through dissemination, training, and 
     other means to applicable early care and education programs;
       ``(iii) reflect research and evidence-based developmental 
     and learning expectations;
       ``(iv) inform teaching practices and professional 
     development and services; and
       ``(v) for preschool age children, appropriately assist in 
     the transition to kindergarten.
       ``(F) Assurance.--Each State plan shall include an 
     assurance that the State has implemented the same content 
     standards for all students in the same grade and does not 
     have a policy of using different content standards for any 
     student subgroup.
       ``(3) High-quality assessments.--
       ``(A) In general.--Each State plan shall demonstrate that 
     the State educational agency will adopt and implement high-
     quality assessments in English language arts, math, and 
     science not later than the 2016-2017 school year that comply 
     with this paragraph.

[[Page 2916]]

       ``(B) Elements.--Such assessments shall--
       ``(i) be valid, reliable, appropriate, and of adequate 
     technical quality for each purpose required under this Act, 
     and be consistent with relevant, nationally recognized 
     professional and technical standards;
       ``(ii) measure the knowledge and skills necessary to 
     demonstrate proficiency in the academic content standards 
     under paragraph (2) for the grade in which the student is 
     enrolled;
       ``(iii) be developed as part of a system of assessments 
     providing data (including individual student achievement data 
     and individual student growth data), that shall be used to 
     improve teaching, learning, and program outcomes;
       ``(iv) be used in determining the performance of each local 
     educational agency and school in the State in accordance with 
     the State's accountability system under subsection (c);
       ``(v) provide an accurate measure of--

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

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

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

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

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

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

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

       ``(iii) for science, be administered at least once during 
     grades 3 through 5, grades 6 through 8, and grades 9 through 
     12.
       ``(D) Native language assessments.--Each State educational 
     agency with at least 10,000 English learners, at least 25 
     percent of which speak the same language that is not English, 
     shall adopt and implement native language assessments for 
     that language consistent with State law. Such assessments 
     shall be for students--
       ``(i) for whom the academic assessment in the student's 
     native language would likely yield more accurate and reliable 
     information about such student's content knowledge;
       ``(ii) who are literate in the native language and have 
     received formal education in such language; or
       ``(iii) who are enrolled in a bilingual or dual language 
     program and the native language assessment is consistent with 
     such program's language of instruction.
       ``(E) Alternate assessments for students with the most 
     significant cognitive disabilities.--In the case of a State 
     educational agency that adopts alternate achievement 
     standards for students with the most significant cognitive 
     disabilities described in paragraph (4)(D), the State shall 
     adopt and implement high-quality statewide alternate 
     assessments aligned to such alternate achievement standards 
     that meet the requirements of subparagraphs (B) and (C), so 
     long as the State ensures that in the State the total number 
     of students in each grade level assessed in each subject does 
     not exceed the cap established under subsection 
     (c)(3)(E)(iii)(II).
       ``(F) English language proficiency assessments.--Each State 
     educational agency shall adopt and implement statewide 
     English language proficiency assessments that--
       ``(i) are administered annually and aligned with the 
     State's English language proficiency standards and academic 
     content standards;
       ``(ii) are accessible, valid, and reliable;
       ``(iii) measure proficiency in reading, listening, 
     speaking, and writing in English both individually and 
     collectively;
       ``(iv) assess progress and growth on language and content 
     acquisition; and
       ``(v) allow for the local educational agency to retest a 
     student in the individual domain areas that the student did 
     not pass, unless the student is newly entering a school in 
     the State, or is in the third, fifth, or eighth grades.
       ``(G) Special rule with respect to bureau funded schools.--
     In determining the assessments to be used by each school 
     operated or funded by the Department of the Interior's Bureau 
     of Indian Education receiving funds under this part, the 
     following shall apply:
       ``(i) Each such school that is accredited by the State in 
     which it is operating shall use the assessments the State has 
     developed and implemented to meet the requirements of this 
     section, or such other appropriate assessment as approved by 
     the Secretary of the Interior.
       ``(ii) Each such school that is accredited by a regional 
     accrediting organization shall adopt an appropriate 
     assessment, in consultation with and with the approval of, 
     the Secretary of the Interior and consistent with assessments 
     adopted by other schools in the same State or region, that 
     meets the requirements of this section.
       ``(iii) Each such school that is accredited by a tribal 
     accrediting agency or tribal division of education shall use 
     an assessment developed by such agency or division, except 
     that the Secretary of the Interior shall ensure that such 
     assessment meets the requirements of this section.
       ``(H) Assurance.--Each State plan shall include an 
     assurance that the State educational agency will take steps 
     to ensure that the State assessment system, which includes 
     all statewide assessments and local assessments is 
     coordinated and streamlined to eliminate duplication of 
     assessment purposes, practices, and use.
       ``(I) Accommodations.--Each State plan shall--
       ``(i) describe the accommodations for English learners and 
     students with disabilities on the assessments used by the 
     State which may include accommodations such as text-to-speech 
     technology or read aloud, braille, large print, calculator, 
     speech-to-text technology or scribe, extended time, and 
     frequent breaks;
       ``(ii) include evidence of the effectiveness of such 
     accommodations in maintaining valid results for the 
     appropriate population; and
       ``(iii) include evidence that such accommodations do not 
     change the construct intended to be measured by the 
     assessment or the meaning of the resulting scores.
       ``(J) Adaptive assessments.--In the case of a State 
     educational agency that develops and administers computer 
     adaptive assessments, such assessments shall meet the 
     requirements of this paragraph, and must measure, at a 
     minimum, each student's academic proficiency against the 
     State's content standards as described in paragraph (2) for 
     the grade in which the student is enrolled.
       ``(4) College and career ready achievement and growth 
     standards.--
       ``(A) In general.--Each State plan shall demonstrate that 
     the State will adopt and implement college and career ready 
     achievement standards in English language arts, math, and 
     science by the 2015-2016 school year that comply with this 
     paragraph.
       ``(B) Elements.--Such academic achievement standards shall 
     establish at a minimum, 3 levels of student achievement that 
     describe how well a student is demonstrating proficiency in 
     the State's academic content standards that differentiate 
     levels of performance to--
       ``(i) describe 2 levels of high achievement (on-target and 
     advanced) that indicate, at a minimum, that a student is 
     proficient in the academic content standards under paragraph 
     (2) as measured by the performance on assessments under 
     paragraph (3); and
       ``(ii) describe a third level of achievement (catch-up) 
     that provides information about the progress of a student 
     toward becoming proficient in the academic content standards 
     under paragraph (2) as measured by the performance on 
     assessments under paragraph (3).
       ``(C) Vertical alignment.--Such achievement standards are 
     vertically aligned to ensure a student who achieves at the 
     on-target or advanced levels under subparagraph (B)(i) 
     signifies that student is on-track to graduate prepared for--
       ``(i) placement in credit-bearing, nonremedial courses at 
     the 2- and 4-year public institutions of higher education in 
     the State; and
       ``(ii) success on relevant State career and technical 
     education standards.
       ``(D) Alternate achievement standards.--If a State 
     educational agency adopts alternate achievement standards for 
     students with the most significant cognitive disabilities, 
     such academic achievement standards shall establish, at a 
     minimum, 3

[[Page 2917]]

     levels of student achievement that describe how well a 
     student is demonstrating proficiency in the State's academic 
     content standards that--
       ``(i) are aligned to the State's college and career ready 
     content standards under paragraph (2);
       ``(ii) are vertically aligned to ensure that a student who 
     achieves at the on-target or advanced level under clause 
     (v)(I) signifies that the student is on-track to access a 
     postsecondary education or competitive integrated employment;
       ``(ii) reflect concepts and skills that students should 
     know and understand for each grade;
       ``(iv) are supported by evidence-based learning 
     progressions to age and grade-level performance; and
       ``(v) establish, at a minimum--

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

       ``(E) Student growth standards.--Each State plan shall 
     demonstrate that the State will adopt and implement student 
     growth standards for students in the assessed grades that 
     comply with this subparagraph, as follows:
       ``(i) On-target and advanced levels.--For a student who is 
     achieving at the on-target or advanced level of achievement, 
     the student growth standard is not less than the rate of 
     academic growth necessary for the student to remain at that 
     level of student achievement for not less than 3 years.
       ``(ii) Catch-up level.--For a student who is achieving at 
     the catch-up level of achievement, the student growth 
     standard is not less than the rate of academic growth 
     necessary for the student to achieve an on-target level of 
     achievement within 3 or 4 years, as determined by the State.
       ``(F) Prohibition.--A State may not establish alternate or 
     modified achievement standards for any subgroup of students, 
     except as provided under subparagraph (D).
       ``(5) Rule of construction.--Nothing in paragraph (3) shall 
     be construed to prescribe the use of the academic assessments 
     established pursuant to such paragraph for student promotion 
     or graduation purposes.
       ``(c) Accountability and School Improvement System.--The 
     State plan shall demonstrate that not later than the 2016 - 
     2017 school year, the State educational agency, in 
     consultation with representatives of local educational 
     agencies, teachers, school leaders, parents, community 
     organizations, communities representing underserved 
     populations and Indian tribes, has developed a single 
     statewide accountability and school improvement system (in 
     this subsection known as the `accountability system') that 
     ensures all students have the knowledge and skills to 
     successfully enter the workforce or postsecondary education 
     without the need for remediation by complying with this 
     subsection as follows:
       ``(1) Elements.--Each State accountability system shall, at 
     a minimum--
       ``(A) annually measure academic achievement for all 
     students, including each subgroup described in paragraph 
     (3)(A), in each public school, including each charter school, 
     in the State, including--
       ``(i) student academic achievement in accordance with the 
     academic achievement standards described in subsection 
     (b)(4);
       ``(ii) student growth in accordance with the student growth 
     standards described in subsection (b)(4)(E); and
       ``(iii) graduation rates in diploma granting schools;
       ``(B) set clear performance and growth targets in 
     accordance with paragraph (2) to improve the academic 
     achievement of all students as measured under subparagraph 
     (A) of this paragraph and to close achievement gaps so that 
     all students graduate ready for postsecondary education and 
     the workforce;
       ``(C) establish equity indicators to diagnose school 
     challenges and measure school progress within the improvement 
     system described in section 1116, including factors to 
     measure, for all students and each subgroup described in 
     paragraph (3)(A)--
       ``(i) academic learning, such as--

       ``(I) percentage of students successfully completing 
     rigorous coursework that aligns with college and career ready 
     standards described under subsection (b)(2) such as dual 
     enrollment, Advanced Placement (AP) or International 
     Baccalaureate (IB) courses;
       ``(II) percentage of students enrolled in music and the 
     arts courses;
       ``(III) student success on State or local educational 
     agency end-of course examinations; and
       ``(IV) student success on performance-based assessments 
     that are valid, reliable and comparable across a local 
     educational agency and meet the requirements of paragraph 
     (3)(B);

       ``(ii) student engagement, such as--

       ``(I) student attendance rates;
       ``(II) student discipline data, including suspension and 
     expulsion rates;
       ``(III) incidents of bullying and harassment; and
       ``(IV) surveys of student engagement and satisfaction;

       ``(iii) student advancement, such as--

       ``(I) student on-time promotion rates;
       ``(II) on-time credit accumulation rates;
       ``(III) course failure rates; and
       ``(IV) post-secondary and workforce entry rates;

       ``(iv) student health and wellness;
       ``(v) student access to instructional quality, such as--

       ``(I) number of qualified teachers and paraprofessionals;
       ``(II) number of specialized instructional support 
     personnel;
       ``(III) instructional personnel attendance, vacancies, and 
     turnover; and
       ``(IV) rates of effective teachers and principals, as 
     determined by the State or local educational agency;

       ``(vi) school climate and conditions for student success, 
     such as--

       ``(I) the availability of up-to-date instructional 
     materials, technology, and supplies;
       ``(II) measures of school safety; and
       ``(III) the condition of school facilities; including 
     accounting for well-equipped instructional spaces; and

       ``(vii) family and community engagement in education;
       ``(D) annually differentiate all public schools, including 
     public charter schools, based on--
       ``(i) the achievement measured under subparagraph (A);
       ``(ii) whether the school meets the performance and growth 
     targets set under paragraph (2); and
       ``(iii) to a lesser extent than each of the factors 
     described in clauses (i) and (ii), data on the State-
     established equity indicators, as described in subparagraph 
     (C); and
       ``(E) identify, after using the differentiation described 
     in subparagraph (D), for the purposes under section 1116--
       ``(i) high priority schools that--

       ``(I) according to the State-established parameters 
     described in 1116(a)(2), have the lowest performance in the 
     local educational agency and the State using current and 
     prior year academic achievement, growth, and graduation rate 
     data as described in subparagraph (A) and data on the state-
     established equity indicators described in subparagraph (C); 
     or
       ``(II) as of the date of enactment of the Student Success 
     Act, have been identified under 1003(g); and

       ``(ii) schools in need of support that--

       ``(I) have not met one or more of the performance targets 
     set under paragraph (2) for any subgroup described in 
     paragraph (3)(A) in the same grade level and subject, for two 
     consecutive years; or
       ``(II) at the discretion of the State, are identified for 
     support using data on equity indicators established under 
     paragraph (1)(C); and

       ``(iii) distinguished schools that have--

       ``(I) the highest performance in the State for all students 
     and student subgroups described in paragraph (3)(A); or
       ``(II) made the most progress over at least the most recent 
     2-year period in the State in increasing student academic 
     achievement and graduation rates for all students and student 
     subgroups described in paragraph (3)(A); and
       ``(III) made significant progress in overcoming school 
     challenges identified using the State-established equity 
     indicators, as described in subparagraph (C).

       ``(2) Goals and targets.--
       ``(A) In general.--Each State educational agency shall 
     establish goals and targets for the State accountability and 
     school improvement system that comply with this paragraph. 
     Such targets shall be established separately for all 
     elementary school and secondary school students, economically 
     disadvantaged students, students from major racial and ethnic 
     groups, students with disabilities, and English learners and 
     expect accelerated academic gains from subgroups who are the 
     farthest away from college and career-readiness as determined 
     by annual academic achievement measures described in 
     paragraph (1)(A).
       ``(B) Achievement goals.--Each State educational agency 
     shall set multi-year goals that are consistent with the 
     academic and growth achievement standards under subsection 
     (b)(4) to ensure that all students graduate prepared to enter 
     the workforce or postsecondary education without the need for 
     remediation.
       ``(C) Performance targets.--Each State educational agency 
     shall set ambitious, but achievable annual performance 
     targets separately for each subgroup of students described in 
     paragraph (3)(A), for local educational agencies and schools, 
     for each grade level and in English language arts and math 
     that reflect the progress required for all students and each 
     subgroup of students described in paragraph (3)(A) to meet 
     the State-determined goals as required under subparagraph 
     (B), as approved by the Secretary.
       ``(D) Growth targets.--Each State educational agency shall 
     set ambitious but achievable growth targets that--

[[Page 2918]]

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

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

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

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

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

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

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

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

       ``(4) Transition provisions.--
       ``(A) In general.--The Secretary shall take such steps as 
     necessary to provide for the orderly transition to the new 
     accountability and school improvement systems required under 
     this subsection from prior accountability and school 
     improvement systems in existence on the day before the date 
     of enactment of the Student Success Act.
       ``(B) Transition.--To enable the successful transition 
     described in this paragraph, each State educational agency 
     receiving funds under this part shall--
       ``(i) administer assessments that were in existence on the 
     day before the date of enactment of the Student Success Act 
     and beginning not later than the 2016-2017 school year, 
     administer high-quality assessments described in subsection 
     (b)(3);
       ``(ii) report student performance on the assessments 
     described in subparagraph (I), consistent with the 
     requirements under this title;
       ``(iii) set a new baseline for performance targets, as 
     described in paragraph (2)(C) and (2)(D), once new high-
     quality assessments described in subsection (b)(3) are 
     implemented;
       ``(iv) implement the accountability and school improvement 
     requirements of sections 1111 and 1116, except--

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

       ``(v) assist local educational agencies in providing 
     training and professional development on the implementation 
     of new college and career ready standards and high-quality 
     assessments.
       ``(C) End of transition.--The transition described in this 
     paragraph shall be completed by no later than 2 years from 
     the date of enactment of the Student Success Act.
       ``(d) Other Provisions to Support Teaching and Learning.--
     Each State plan shall contain the following:
       ``(1) Descriptions.--A description of--
       ``(A) how the State educational agency will carry out the 
     responsibilities of the State under section 1116;
       ``(B) a plan to identify and reduce inequities in the 
     allocation of State and local resources, including 
     nonpersonnel and personnel resources consistent with the 
     requirements of section 1120A, between schools that are 
     receiving funds under this title and schools that are not 
     receiving such funds under this title, including--
       ``(i) a description of how the State will support local 
     educational agencies in meeting the requirements of section 
     1120A; and
       ``(ii) a description of how the State will support local 
     educational agencies to align

[[Page 2919]]

     plans under subparagraph (A), efforts to improve educator 
     supports and working conditions described in section 
     2112(b)(3), and efforts to improve the equitable distribution 
     of teachers and principals described in section 2112(b)(5), 
     with efforts to improve the equitable allocation of resources 
     as described in this subsection;
       ``(C) how the State educational agency will ensure that the 
     results of the State assessments described in subsection 
     (b)(3) and the school identifications described in subsection 
     (c)(1), respectively, will be provided to local educational 
     agencies, schools, teachers, and parents promptly, but not 
     later than before the beginning of the school year following 
     the school year in which such assessments, other indicators, 
     or evaluations are taken or completed, and in a manner that 
     is clear and easy to understand;
       ``(D) how the State educational agency will meet the 
     diverse learning needs of students by--
       ``(i) identifying and addressing State-level barriers to 
     implementation of universal design for learning, as described 
     in section 5429(b)(21), and multi-tier system of supports; 
     and
       ``(ii) developing and making available to local educational 
     agencies technical assistance for implementing universal 
     design for learning, as described in section 5429(b)(21), and 
     multi-tier system of supports;
       ``(E) for a State educational agency that adopts alternate 
     achievement standards for students with the most significant 
     cognitive disabilities under subsection (b)(4)(D)--
       ``(i) the clear and appropriate guidelines for 
     individualized education program teams to apply in 
     determining when a student's significant cognitive disability 
     justifies alternate assessment based on alternate achievement 
     standards, which shall include guidelines to ensure--

       ``(I) students with the most significant cognitive 
     disabilities have access to the general education curriculum 
     for the grade in which the student is enrolled;
       ``(II) participation in an alternate assessment does not 
     influence a student's placement in the least restrictive 
     environment;
       ``(III) determinations are made separately for each subject 
     and are re-determined each year during the annual 
     individualized education program team meeting;
       ``(IV) the student's mode of communication has been 
     identified to the extent possible and accommodated; and
       ``(V) parents of such students--

       ``(aa) give informed consent that their child's achievement 
     be measured against alternate achievement standards; and
       ``(bb) are informed of any effects of State and local 
     policies on the student's education resulting from 
     participating in this alternate assessment; and

       ``(VI) students with the most significant cognitive 
     disabilities are not precluded from attempting to complete 
     the requirements for a regular secondary school diploma; and

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

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

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

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

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

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

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

       ``(I) the annual filing and public reporting of 
     independently audited financial statements including 
     disclosure of amount and duration of any nonpublic financial 
     and in-kind contributions of support, by each public 
     chartering agency, for each school authorized by such agency, 
     and by each local educational agency and the State;
       ``(II) the adoption and enforcement of school employee 
     compensation and conflict of interest guidelines for all 
     schools authorized, which shall include disclosure of 
     executive pay and affiliated parties with financial interest 
     in the management operations, or contractual obligations of 
     the school;
       ``(III) a legally binding charter or performance contract 
     between each charter school and the school's authorized 
     public chartering agency that--

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

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

       ``(2) Assurances.--Assurances that--
       ``(A) the State educational agency will participate in 
     biennial State academic assessments of 4th, 8th, and 12th 
     grade reading, mathematics, and science under the National 
     Assessment of Educational Progress carried out under section 
     303(b)(2) of the National Assessment of Educational Progress 
     Authorization Act, if the Secretary pays the costs of 
     administering such assessments;
       ``(B) the State educational agency will--
       ``(i) notify local educational agencies and the public of 
     the content and student academic achievement standards and 
     academic assessments developed under this section, and of the 
     authority to operate schoolwide programs; and
       ``(ii) fulfill the State educational agency's 
     responsibilities regarding local educational agency and 
     school improvement under section 1116;
       ``(C) the State educational agency will encourage local 
     educational agencies to consolidate funds from other Federal, 
     State, and local sources for school improvement activities 
     under 1116 and for schoolwide programs under section 1114;
       ``(D) the State educational agency has modified or 
     eliminated State fiscal and accounting barriers so that 
     schools can easily consolidate funds from other Federal, 
     State, and local sources for schoolwide programs under 
     section 1114;
       ``(E) that State educational agency will coordinate data 
     collection efforts to fulfill the requirements of this Act 
     and reduce the duplication of data collection to the extent 
     practicable;
       ``(F) the State educational agency will provide the least 
     restrictive and burdensome regulations for local educational 
     agencies and individual schools participating in a program 
     assisted under this part;
       ``(G) the State educational agency will inform local 
     educational agencies in the State of the local educational 
     agency's authority--
       ``(i) to transfer funds under title VI;
       ``(ii) to obtain waivers under part D of title IX; and
       ``(iii) if the State is an Ed-Flex Partnership State, to 
     obtain waivers under the Education Flexibility Partnership 
     Act of 1999;
       ``(H) the State educational agency will work with other 
     agencies, including educational service agencies or other 
     local consortia and comprehensive centers established under 
     the Educational Technical Assistance Act of 2002, and 
     institutions to provide professional development and 
     technical assistance to local educational agencies and 
     schools;
       ``(I) the State educational agency will ensure that local 
     educational agencies in the State comply with the 
     requirements of subtitle B of title VII of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. lll17); and
       ``(J) the State educational agency has engaged in timely 
     and meaningful consultation with representatives of Indian 
     tribes located in the State in the development of the State 
     plan to serve local educational agencies under its 
     jurisdiction in order to--
       ``(i) improve the coordination of activities under this 
     Act;
       ``(ii) meet the purpose of this title; and

[[Page 2920]]

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

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

       ``(ii) information that provides a comparison between the 
     actual achievement levels and growth of each group of 
     students described in subsection (c)(3)(A) and the 
     performance targets and growth targets in subsection (c)(2) 
     for each such group of students on each of the academic 
     assessments and for graduation rates required under this 
     part;
       ``(iii) if a State adopts alternate achievement standards 
     for students with the most significant cognitive 
     disabilities, the number and percentage of students taking 
     the alternate assessments and information on student 
     achievement at each achievement level and student growth, by 
     grade and subject;
       ``(iv) the number of students who are English learners, and 
     the performance of such students, on the State's English 
     language proficiency assessments, including the students' 
     attainment of, and progress toward, higher levels of English 
     language proficiency;
       ``(v) information on the performance of local educational 
     agencies in the State regarding school improvement, including 
     the number and names of each school identified for school 
     improvement under section 1116 and information on the 
     outcomes of the equity indicators outlined in section 
     1111(c)(1)(C);
       ``(vi) the professional qualifications of teachers in the 
     State, the percentage of such teachers teaching with 
     emergency or provisional credentials, and the percentage of 
     classes in the State not taught by qualified teachers, in the 
     aggregate and disaggregated by high-poverty compared to low-
     poverty schools which, for the purpose of this clause, means 
     schools in the top quartile of poverty and the bottom 
     quartile of poverty in the State;
       ``(vii) information on teacher effectiveness, as determined 
     by the State, in the aggregate and disaggregated by high-
     poverty compared to low-poverty schools which, for the 
     purpose of this clause, means schools in the top quartile of 
     poverty and the bottom quartile of poverty in the State;
       ``(viii) a clear and concise description of the State's 
     accountability system, including a description of the 
     criteria by which the State educational agency evaluates 
     school performance consistent with subsection (c), and the 
     criteria that the State educational agency has established, 
     consistent with section 1116(a), to determine the status of 
     schools with respect to school improvement; and
       ``(ix) outcomes related to quality charter authorizing 
     standards as described in subsection (d)(1)(I), including, at 
     a minimum, annual filing as described in subsection 
     (d)(1)(I)(ii)(I).
       ``(2) Annual local educational agency report cards.--

[[Page 2921]]

       ``(A) Report cards.--A local educational agency that 
     receives assistance under this part shall prepare and 
     disseminate an annual local educational agency report card.
       ``(B) Minimum requirements.--The State educational agency 
     shall ensure that each local educational agency collects 
     appropriate data and includes in the local educational 
     agency's annual report the information described in paragraph 
     (1)(C) as applied to the local educational agency and each 
     school served by the local educational agency, and--
       ``(i) in the case of a local educational agency--

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

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

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

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

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

       ``(ii) any students that are removed from the cohort as 
     described in subparagraph (E).
       ``(B) Extended year.--The term `extended year' when used 
     with respect to a graduation rate, means the fifth or sixth 
     year after the school year in which the entering cohort, as 
     described in subparagraph (C), is established for the purpose 
     of calculating the adjusted cohort.
       ``(C) Entering cohort.--The term `entering cohort' means 
     the number of first-time 9th graders enrolled in a secondary 
     school 1 month after the start of the secondary school's 
     academic year.
       ``(D) Transferred into.--The term `transferred into' when 
     used with respect to a secondary school student, means a 
     student who--
       ``(i) was a first-time 9th grader during the same school 
     year as the entering cohort; and
       ``(ii) enrolls after the entering cohort is calculated as 
     described in subparagraph (B).
       ``(E) Transferred out.--
       ``(i) In general.--The term `transferred out' when used 
     with respect to a secondary school student, means a student 
     who the secondary school or local educational agency has 
     confirmed has transferred to another--

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

       ``(ii) Confirmation requirements.--

       ``(I) Documentation required.--The confirmation of a 
     student's transfer to another school or educational program 
     described in clause (i) requires documentation from the 
     receiving school or program that the student enrolled in the 
     receiving school or program.

[[Page 2922]]

       ``(II) Lack of confirmation.--A student who was enrolled, 
     but for whom there is no confirmation of the student having 
     transferred out, shall remain in the cohort as a non-graduate 
     for reporting and accountability purposes under this section.

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

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

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

       ``(I) form the adjusted cohort for that year's graduating 
     class; and

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

       ``(ii) the result of--

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

       ``(B) 100.
       ``(4) Leaver code.--The term `leaver code' means a number 
     or series of numbers and letters assigned to a categorical 
     reason for why a student left the high school from which she 
     or he is enrolled without having earned a regular high school 
     diploma, except that--
       ``(A) an individual student with either a duplicative code 
     or whom has not been assigned a leaver code shall not be 
     removed from the cohort assigned for the purpose of 
     calculating the adjusted cohort graduation rate; and
       ``(B) the number of students with either a duplicative 
     leaver code or who have not been assigned a leaver code shall 
     be included in reporting requirements for the leaver code.
       ``(5) Multi-tier system of supports.--The term `multi-tier 
     system of supports' means a comprehensive system of 
     differentiated supports that includes evidence-based 
     instruction, universal screening, progress monitoring, 
     formative assessment, and research-based interventions 
     matched to student needs, and educational decision-making 
     using student outcome data.
       ``(6) Graduation rate.--The term `graduation rate' means a 
     4-year adjusted cohort graduation rate and the extended-year 
     graduation rate.
       ``(7) Regular secondary school diploma.--
       ``(A) The term `regular secondary school diploma' means 
     standard secondary school diploma awarded to the 
     preponderance of students in the State that is fully aligned 
     with the State's college and career ready achievement 
     standards as described under subsection (b)(4), or a higher 
     diploma. Such term shall not include GED's, certificates of 
     attendance, or any lesser diploma awards.
       ``(B) If a State adopts different paths to the regular 
     secondary school diploma, such different paths shall--
       ``(i) be available to all students in the State;
       ``(ii) be equally rigorous in their requirements; and
       ``(iii) signify that a student is prepared for college or a 
     career without the need for remediation.''.

     SEC. 104. ELIGIBLE SCHOOL ATTENDANCE AREAS.

        Section 1113(c)(3) (20 U.S.C. 6313(c)(3)) is amended to 
     read as follows:
       ``(3) Reservation.--
       ``(A) In general.--A local educational agency shall reserve 
     such funds as are necessary under this part to provide 
     services comparable to those provided to children in schools 
     funded under this part to serve--
       ``(i) homeless children who are attending any public school 
     served by the local educational agency, including providing 
     educationally related support services to children in 
     shelters and other locations where children may live;
       ``(ii) children in local institutions for neglected 
     children;
       ``(iii) if appropriate, children in local institutions for 
     delinquent children, and neglected or delinquent children in 
     community day school programs; and
       ``(iv) children in foster care (as defined by section 
     1442(1)), including providing points of contact (as described 
     in section 1441(d)) in local educational aencies for child 
     welfare agencies and children in foster care.
       ``(B) Reservation of funds.--Notwithstanding the 
     requirements of subsections (b) and (c) of section 1120A, 
     funds reserved under subparagraph (A) may be used to provide 
     homeless children and youths with services not ordinarily 
     provided to other students under this part, including 
     providing transportation pursuant to section 
     722(g)(1)(J)(iii) of such Act.
       ``(C) Amount reserved.--The amount of funds reserved under 
     subparagraph (A)(i) shall be determined by an assessment of 
     the numbers and the needs of homeless children and youths in 
     the local educational agency.''.

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

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

     ``SEC. 1116. SCHOOL IMPROVEMENT.

       ``(a) Local Review.--
       ``(1) In general.--Each local educational agency receiving 
     funds under this part shall--
       ``(A) use the State academic assessments, including 
     measures of student growth and graduation rates, and data on 
     the state-established equity indicators described in section 
     1111(c)(1)(C) and the differentiation described in section 
     1111(c)(1)(D) to review, annually, the progress of each 
     school served under this part, and consistent with the 
     parameters described in paragraph (2), to assist the State in 
     determining whether the school is--
       ``(i) meeting performance targets, growth targets, and 
     graduation rate targets established under section 1111(c)(2); 
     and
       ``(ii) making progress to address school challenges 
     identified using the state- established equity indicators 
     described in section 1111(c)(1)(C);
       ``(B) based on the review conducted under subparagraph (A), 
     assist the State in determining whether a school served under 
     this part is--
       ``(i) in need of support as described under section 
     1111(c)(1)(E)(ii); or
       ``(ii) a high priority school that meets the State-
     established parameters under paragraph (2);
       ``(C) publicize and disseminate the results of the local 
     annual review described in subparagraph (A) to parents, 
     teachers, principals, schools, and the community so that the 
     teachers, principals, other staff, and schools can improve 
     instruction to help all children served under this part meet 
     the college and career ready achievement standards 
     established under section 1111(b); and
       ``(D) use the equity indicators established under section 
     1111(c)(1)(C) to diagnose school challenges and measure 
     school progress in carrying out the school improvement 
     activities under this section.
       ``(2) High priority schools.--The State educational agency 
     shall establish parameters to identify high priority schools 
     within the local educational agency that--
       ``(A) for elementary schools--
       ``(i) shall use student achievement on the assessments 
     required under section 1111(b)(3), including prior year data;
       ``(ii) shall use student growth data on the assessments 
     under section 1111(b)(3), including prior year data; and
       ``(iii) shall use, to a lesser extent than each of the 
     parameters established in clauses (i) and (ii), data on the 
     equity indicators established under section 1111(c)(1)(C); 
     and
       ``(B) for secondary schools--
       ``(i) shall use student achievement on the assessments 
     required under section 1111(b)(3), including prior year data;
       ``(ii) shall use student growth data on the assessments 
     under section 1111(b)(3), including prior year data;
       ``(iii) shall use graduation rate data, including prior 
     year data; and
       ``(iv) shall use, to a lesser extent than each of the 
     parameters established in clauses (i) through clause (iii), 
     data on the equity indicators established under section 
     1111(c)(1)(C); or
       ``(v) shall include schools with 4-year adjusted cohort 
     graduation rates below 67 percent as high priority schools.
       ``(b) School Improvement.--

[[Page 2923]]

       ``(1) In general.--Each school served under this part 
     determined to be a school in need of support pursuant to 
     section 1111(c)(1)(C)(ii) or a high-priority school pursuant 
     to 1111(c)(1)(C)(i), shall form a school improvement team 
     described in paragraph (2) to develop and implement a school 
     improvement plan described in paragraph (3) to improve 
     educational outcomes for all students and address existing 
     resource inequities.
       ``(2) School improvement team.--
       ``(A) In general.--Each school described in paragraph (1) 
     shall form a school improvement team, which shall include 
     school leaders, teachers, parents, community members, and 
     specialized instructional support personnel.
       ``(B) Schools in need of support.--Each school improvement 
     team for a school in need of support may include an external 
     partner and representatives of the local educational agency 
     and the State educational agency.
       ``(C) High-priority schools.--Each school improvement team 
     for a high-priority school shall include an external partner 
     and representatives of the local educational agency and the 
     State educational agency.
       ``(3) School improvement plan.--
       ``(A) In general.--A school improvement team shall develop, 
     implement, and make publicly available a school improvement 
     plan that uses information available under the accountability 
     and school improvement system established under section 
     1111(c), data available under the early warning indicator 
     system established under subsection (c)(5), data on the 
     improvement indicators established under section 
     1111(c)(1)(D), and other relevant data to identify--
       ``(i) each area in which the school needs support for 
     improvement;
       ``(ii) the type of support required;
       ``(iii) how the school plans to use comprehensive, 
     evidence-based strategies to address such needs;
       ``(iv) how the school will measure progress in addressing 
     such needs using the goals and targets and improvement 
     indicators established under paragraphs (2) and (1)(D) of 
     section 1111(c), respectively, and identify which of the 
     goals and targets are not currently being met by the school; 
     and
       ``(v) how the school will review its progress and make 
     adjustments and corrections to ensure continuous improvement.
       ``(B) Planning period.--The school improvement team may use 
     a planning period, which shall not be longer than one school 
     year to develop and prepare to implement the school 
     improvement plan.
       ``(C) Plan requirements.--Each school improvement plan 
     shall describe the following:
       ``(i) Planning and preparation.--The activities during the 
     planning period, including--

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

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

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

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

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

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

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

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

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

       ``(iii) increase teacher and school leader effectiveness, 
     as determined by the State or local educational agency, 
     including through--

       ``(I) demonstrating the principal has the skills, capacity, 
     and record of success to significantly improve student 
     achievement and lead a school turnaround, which may include 
     replacing the principal;
       ``(II) improving the recruitment and retention of qualified 
     and effective teachers and school leaders, as determined by 
     the State or local educational agency, to work in the school;
       ``(III) professional development activities that respond to 
     student and school-wide needs aligned with the school 
     improvement plan, such as--

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

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

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

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

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

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

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

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

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

[[Page 2924]]

       ``(I) ensuring access to services and expertise of 
     specialized instructional support personnel;
       ``(II) supporting students at the catch-up level of 
     achievement who need intensive intervention;
       ``(III) increasing personalization of the school experience 
     through learning structures that facilitate the development 
     of student and staff relationships;
       ``(IV) offering extended-learning, credit recovery, 
     mentoring, or tutoring options of sufficient scale to meet 
     student needs;
       ``(V) providing evidence-based, accelerated learning for 
     students with academic skill levels below grade level;
       ``(VI) coordinating and increasing access to integrated 
     services, such as providing specialized instructional support 
     personnel;
       ``(VII) providing transitional support between grade-spans, 
     including postsecondary planning.
       ``(VIII) meeting the diverse learning needs of all students 
     through strategies such as a multi-tier system of supports 
     and universal design for learning, as described in section 
     5429(b)(21); and
       ``(IX) engaging families and community partners, including 
     community-based organizations, organizations representing 
     underserved populations, Indian tribes (as appropriate), 
     organizations assisting parent involvement, institutions of 
     higher education, and businesses, in school improvement 
     activities through evidence-based strategies.

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

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

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

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

       ``(C) High priority schools.--If, after 3 years of 
     implementing its school improvement plan, a high priority 
     school does not demonstrate progress on the goals and targets 
     under section 1111(c)(2) that were identified under the 
     school improvement plan as not being met by the school or the 
     equity indicators established under section 1111(c)(1)(C), 
     then the local educational agency, in collaboration with the 
     State educational agency, will take steps to ensure more 
     rigorous evidence-based interventions are implemented, which 
     may include partnering with an external partner with 
     demonstrated results improving schools.
       ``(D) High priority school.--If, after 5 years of 
     implementing its school improvement plan, a high priority 
     school does not demonstrate progress on the goals and targets 
     under section 1111(c)(2) that were identified under the 
     school improvement plan as not being met by the school and 
     the equity indicators established under section 
     1111(c)(1)(C), then--
       ``(i) the local educational agency, in collaboration with 
     the State educational agency, shall determine actionable next 
     steps which may include school closure, replacement, or State 
     take-over of such school, shall provide all students enrolled 
     with new high-quality educational options;
       ``(ii) the local educational agency, and as appropriate the 
     State educational agency, shall develop and implement a plan 
     to assist with any resulting transition of the school under 
     clause (i) that--

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

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

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

       ``(c) Local Educational Agency Responsibilities.--A local 
     educational agency served by this part, in supporting the 
     schools identified as a school in need of support or a high-
     priority school served by the agency, shall--
       ``(1) address resource inequities to improve student 
     achievement by--
       ``(A) targeting resources and support to those schools 
     identified as high priority or as in need of support, 
     including additional resources and staff necessary to 
     implement the school improvement plan, as described in 
     subsection (b)(3)(C)(iv)(V), and
       ``(B) ensuring the local educational agency budget calendar 
     is aligned with school staff and budgeting needs;
       ``(2) address local educational agency-wide factors to 
     improve student achievement by--
       ``(A) supporting the use of data to improve teaching and 
     learning through--
       ``(i) improving longitudinal data systems;
       ``(ii) regularly analyzing and disseminating usable data to 
     educators, parents, and students;
       ``(iii) building the data and assessment literacy of 
     teachers and principals; and
       ``(iv) evaluating at kindergarten entry the kindergarten 
     readiness of children and addressing the educational and 
     development needs determined by such evaluation;
       ``(B) addressing school transition needs of the local 
     educational agency by--
       ``(i) using kindergarten readiness data to consider 
     improving access to high-quality early education 
     opportunities; and
       ``(ii) providing targeted research-based interventions to 
     middle schools that feed into high schools identified for 
     school improvement under this section;
       ``(C) supporting human capital systems that ensure there is 
     a sufficient pool of qualified and effective teachers and 
     school leaders, as determined by the State or local 
     educational agency, to work in schools served by the local 
     educational agency;
       ``(D) developing support for school improvement plans among 
     key stakeholders such as parents and families, community 
     groups representing underserved populations, Indian tribes 
     (as appropriate), educators, and teachers;
       ``(E) carrying out administrative duties under this 
     section, including evaluation for school improvement and 
     technical assistance for schools; and
       ``(F) coordinating activities under this section with other 
     relevant State and local agencies, as appropriate;
       ``(3) supporting professional development activities for 
     teachers, school leaders, and specialized instructional 
     support personnel aligned to school improvement activities;
       ``(4) address curriculum and instruction factors to improve 
     student achievement by--
       ``(A) ensuring curriculum alignment with the State's early 
     learning standards and postsecondary education programs;
       ``(B) providing academically rigorous education options 
     such as--
       ``(i) effective dropout prevention, credit and dropout 
     recovery and recuperative education programs for disconnected 
     youth and students who are not making sufficient progress to 
     graduate high school in the standard number of years or who 
     have dropped out of high school;
       ``(ii) providing students with postsecondary learning 
     opportunities, such as through access to a relevant 
     curriculum or course of study that enables a student to earn 
     a secondary school diploma and--

       ``(I) an associate's degree; or

[[Page 2925]]

       ``(II) not more than 2 years of transferable credit toward 
     a postsecondary degree or credential;

       ``(iii) integrating rigorous academic education with career 
     training, including training that leads to postsecondary 
     credentials for students;
       ``(iv) increasing access to Advanced Placement or 
     International Baccalaureate courses and examinations; or
       ``(v) developing and utilizing innovative, high quality 
     distance learning strategies to improve student academic 
     achievement; and
       ``(C) considering how technology can be used to support 
     school improvement activities;
       ``(5) address student support factors to improve student 
     achievement by--
       ``(A) establishing an early warning indicator system to 
     identify students who are at risk of dropping out of high 
     school and to guide preventive and recuperative school 
     improvement strategies, including--
       ``(i) identifying and analyzing the academic risk factors 
     that most reliably predict dropouts by using longitudinal 
     data of past cohorts of students;
       ``(ii) identifying specific indicators of student progress 
     and performance, such as attendance, academic performance in 
     core courses, and credit accumulation, to guide decision 
     making;
       ``(iii) identifying or developing a mechanism for regularly 
     collecting and analyzing data about the impact of 
     interventions on the indicators of student progress and 
     performance; and
       ``(iv) analyzing academic indicators to determine whether 
     students are on track to graduate secondary school in the 
     standard numbers of years; and
       ``(B) identifying and implementing strategies for pairing 
     academic support with integrated student services and case-
     managed interventions for students requiring intensive 
     supports which may include partnerships with other external 
     partners;
       ``(6) promote family outreach and engagement in school 
     improvement activities, including those required by section 
     1118, to improve student achievement;
       ``(7) for each school identified for school improvement, 
     ensure the provision of technical assistance as the school 
     develops and implements the school improvement plan 
     throughout the plan's duration; and
       ``(8) identify school improvement strategies that are 
     consistently improving student outcomes and disseminate those 
     strategies so that all schools can implement them.
       ``(d) State Educational Agency Responsibilities.--A State 
     educational agency served by this part, in supporting schools 
     identified as a school in need of support or a high-priority 
     school and the local educational agencies serving such 
     schools, shall--
       ``(1) assess and address local capacity constraints to 
     ensure that its local educational agencies can meet the 
     requirements of this section;
       ``(2) target resources and support to those schools in the 
     State that are identified as a school in need of support or a 
     high-priority school and to local educational agencies 
     serving such schools, including additional resources 
     necessary to implement the school improvement plan as 
     described in subsection (b)(3)(C)(iv)(V);
       ``(3) provide support and technical assistance, including 
     assistance to school leaders, teachers, and other staff, to 
     assist local educational agencies and schools in using data 
     to support school equity and in addressing the equity 
     indicators described in section 1111(c)(1)(C);
       ``(4) identify school improvement strategies that are 
     consistently improving student outcomes and disseminate those 
     strategies so that all schools can implement them;
       ``(5) leverage resources from other funding sources, such 
     as school improvement funds, technology funds, and 
     professional development funds to support school improvement 
     activities;
       ``(6) provide a statewide system of support, including 
     regional support services, to improve teaching, learning, and 
     student outcomes;
       ``(7) assist local educational agencies in developing early 
     warning indicator systems;
       ``(8) with respect to schools that will work with external 
     partners to improve student achievement--
       ``(A) develop and apply objective criteria to potential 
     external partners that are based on a demonstrated record of 
     effectiveness in school improvement;
       ``(B) maintain an updated list of approved external 
     partners across the State;
       ``(C) develop, implement, and publicly report on standards 
     and techniques for monitoring the quality and effectiveness 
     of the services offered by approved external partners, and 
     for withdrawing approval from external partners that fail to 
     improve high-priority schools; and
       ``(D) may identify external partners as approved, 
     consistent with the requirements under paragraph (7), who 
     agree to provide services on the basis of receiving payments 
     only when student achievement has increased at an appropriate 
     level as determined by the State educational agency and 
     school improvement team under subsection (b)(2); and
       ``(9) carry out administrative duties under this section, 
     including providing monitoring and technical assistance to 
     local educational agencies and schools.
       ``(e) Rules of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to alter or otherwise affect the rights, remedies, 
     and procedures afforded school or local educational agency 
     employees under Federal, State, or local laws (including 
     applicable regulations or court orders) or under the terms of 
     collective bargaining agreements, memoranda of understanding, 
     or other agreements between such employees and their 
     employers;
       ``(2) to require a child to participate in an early 
     learning program; or
       ``(3) to deny entry to kindergarten for any individual if 
     the individual is legally eligible, as defined by State or 
     local law.
       ``(f) Definition.--In this section, the term `external 
     partner' means an entity--
       ``(1) that is an organization such as a nonprofit 
     organization, community-based organization, local education 
     fund, service organization, educational service agency, or 
     institution of higher education; and
       ``(2) that has demonstrated expertise, effectiveness, and a 
     record of success in providing evidence-based strategies and 
     targeted support such as data analysis, professional 
     development, or provision of nonacademic support and 
     integrated student services to local educational agencies, 
     schools, or students that leads to improved teaching, 
     learning, and outcomes for students.''.

     SEC. 106. PARENTAL INVOLVEMENT.

       (a) Parental Involvement.--Section 1118 (20 U.S.C. 6318) is 
     amended--
       (1) by redesignating subsections (a) through (h) as 
     subsections (b) through (i), respectively; and
       (2) by inserting before subsection (b), as redesignated by 
     paragraph (1), the following:
       ``(a) In General.--Each local educational agency and each 
     school receiving funds under this part shall develop policies 
     and practices for family engagement in education that meet 
     the following principles and standards for family-school 
     partnerships:
       ``(1) Welcome all families to be active participants in the 
     life of the school, so that they feel valued and connected to 
     each other, school staff, and student learning.
       ``(2) Communicate effectively by ensuring regular two-way, 
     meaningful communication between family members and local 
     educational agency and school staff in a manner, language, 
     and with technology that family members can understand and 
     access.
       ``(3) Support student success by fostering continuous 
     collaboration between family members and local educational 
     agency and school staff to support student learning and 
     healthy student development at school and at home.
       ``(4) Speak up for every child and empower family members 
     to be advocates for all students within the school.
       ``(5) Ensure that family members, local educational 
     agencies, and school staff are equal partners in family 
     engagement in education decisionmaking.
       ``(6) Collaborate with community organizations and groups 
     to turn the school into a hub of community life.
       ``(7) Create a continuum of family engagement in education 
     in student learning and development from birth to young 
     adulthood.
       ``(8) Train and support superintendents, principals, 
     teachers, and specialized instructional support personnel to 
     fully engage families in the education of their children.''.
       (b) Written Policy.--Section 1118(b)(2), as redesignated by 
     subsection (a), is amended--
       (1) in subparagraph (C), by striking ``subsection (e)'' and 
     inserting ``subsection (f)'';
       (2) in subparagraph (E), by striking ``and'' after the 
     semicolon;
       (3) in subparagraph (F), by striking the period at the end 
     and inserting a semicolon; and
       (4) by adding at the end the following:
       ``(G) participate in evaluations of the effectiveness of 
     family engagement in education strategies and policies; and
       ``(H) participate in developing recommendations for 
     creating a positive school climate and safe and healthy 
     schools.''.
       (c) Reservation.--Section 1118(b)(3)(A), as redesignated by 
     subsection (a), is amended to read as follows:
       ``(A) In general.--Each local educational agency shall 
     reserve not less than 2 percent of its allocation under 
     subpart 2 to carry out this section, except that this 
     subparagraph shall not apply if 2 percent is such agency's 
     allocation under subpart 2 for the fiscal year for which the 
     determination is made is $10,000 or less.''.
       (d) Distribution.--Section 1118(b)(3)(C), as redesignated 
     by subsection (a), is amended to read as follows:
       ``(C) Distribution.--Not more than 20 percent of the funds 
     reserved under subparagraph (A) shall be available for local 
     educational agency programming and technical assistance to 
     schools served under this part.''.
       (e) Reserved Funds.--Section 1118(b)(3), as redesignated by 
     subsection (a), is amended--
       (1) by redesignating subparagraphs (B) and (c) as 
     subparagraphs (C) and (D), respectively; and
       (2) by inserting after subparagraph (A) the following:

[[Page 2926]]

       ``(B) Use of funds.--Funds reserved under subparagraph (A) 
     may be used for the following:
       ``(i) Increasing capacity through establishment of a 
     dedicated office or dedicated office or dedicated personnel 
     within the local educational agency or at the school level 
     for family engagement in education.
       ``(ii) Supporting schools and nonprofit organizations in 
     providing professional development on family engagement in 
     education for school staff, parent leadership training, 
     family literacy and numeracy programs, home visitation 
     programs, family volunteerism programs, and other innovative 
     programs that meaningfully engage families.
       ``(iii) Providing technical assistance and training to 
     schools on the implementation and assessment of family 
     engagement in education policies and practices.
       ``(iv) Providing additional support to schools that have 
     been identified for improvement under section 1116(b) to 
     assist in the implementation of family engagement in 
     education programs.
       ``(v) Partnering with the Statewide Family Engagement 
     Center and local community-based organizations to identify 
     community resources, services, and supports to remove 
     economic obstacles to family engagement in education by 
     meeting families' needs.
       ``(vi) Supporting schools and eligible entities in the 
     development and implementation of research-based practices 
     and programs that emphasize the importance of family 
     engagement in academic success and positive development by 
     addressing factors such as--

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

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

     SEC. 107. PARAPROFESSIONALS.

       Section 1119 (20 U.S.C. 6319) is amended--
       (1) by striking subsections (c) through (g) and inserting 
     the following:
       ``(c) Paraprofessionals.--
       ``(1) In general.--Each local educational agency receiving 
     assistance under this part shall ensure that all 
     paraprofessionals working in a program supported with funds 
     under this part shall have--
       ``(A) completed at least 2 years of study at an institution 
     of higher education;
       ``(B) obtained an associate's (or higher) degree; or
       ``(C) met a rigorous standard of quality and can 
     demonstrate, through a formal State or local academic 
     assessment--
       ``(i) knowledge of, and the ability to assist in 
     instructing, reading, writing, and mathematics; or
       ``(ii) knowledge of, and the ability to assist in 
     instructing, reading readiness, writing readiness, and 
     mathematics readiness, as appropriate.
       ``(2) Clarification.--The receipt of a secondary school 
     diploma (or its recognized equivalent) shall be necessary but 
     not sufficient to satisfy the requirements of paragraph 
     (1)(C).
       ``(d) Exception for Translation and Parental Involvement 
     Activities.--Subsection (c) shall not apply to a 
     paraprofessional--
       ``(1) who is proficient in English and a language other 
     than English and who provides services primarily to enhance 
     the participation of children in programs under this part by 
     acting as a translator; or
       ``(2) whose duties consist solely of conducting parental 
     involvement activities consistent with section 1118.
       ``(e) General Requirement for All Paraprofessionals.--Each 
     local educational agency receiving assistance under this part 
     shall ensure that all paraprofessionals working in a program 
     supported with funds under this part, regardless of the 
     paraprofessionals' hiring date, have earned a secondary 
     school diploma or its recognized equivalent.
       ``(f) Duties of Paraprofessionals.--
       ``(1) In general.--Each local educational agency receiving 
     assistance under this part shall ensure that a 
     paraprofessional working in a program supported with funds 
     under this part is not assigned a duty inconsistent with this 
     subsection.
       ``(2) Responsibilities paraprofessionals may be assigned.--
     A paraprofessional described in paragraph (1) may be 
     assigned--
       ``(A) to provide one-on-one tutoring for eligible students, 
     if the tutoring is scheduled at a time when a student would 
     not otherwise receive instruction from a teacher;
       ``(B) to assist with classroom management, such as 
     organizing instructional and other materials;
       ``(C) to provide assistance in a computer laboratory;
       ``(D) to conduct parental involvement activities;
       ``(E) to provide support in a library or media center;
       ``(F) to act as a translator; or
       ``(G) to provide instructional services to students in 
     accordance with paragraph (3).
       ``(3) Additional limitations.--A paraprofessional described 
     in paragraph (1)--
       ``(A) may not provide any instructional service to a 
     student unless the paraprofessional is working under the 
     direct supervision of a teacher consistent with section 1119; 
     and
       ``(B) may assume limited duties that are assigned to 
     similar personnel who are not working in a program supported 
     with funds under this part, including duties beyond classroom 
     instruction or that do not benefit participating children, so 
     long as the amount of time spent on such duties is the same 
     proportion of total work time as prevails with respect to 
     similar personnel at the same school.''.

     SEC. 108. COMPARABLE ALLOCATION OF EXPENDITURES.

       (a) Amendment.--Section 1120A(c) (20 U.S.C. 6321(c)) is 
     amended to read as follows:
       ``(c) Comparable Allocation of Expenditures.--
       ``(1) In general.--
       ``(A) Comparable funding.--Not later than 5 full school 
     years after the date of enactment the Student Success Act, 
     except as provided in paragraphs (5), (6), and (7), a local 
     educational agency may receive funds under this part for a 
     fiscal year only if, for the preceding fiscal year, the 
     combined expenditure per pupil of State and local funds, 
     including personnel and nonpersonnel costs, in each school 
     served under this part was at least comparable to the average 
     combined expenditure per pupil of State and local funds, 
     including personnel and nonpersonnel costs, across all 
     schools served by the local educational agency that are not 
     receiving funds under this part.
       ``(B) Comparable funding among title i schools.--In any 
     case where all of the schools served by a local educational 
     agency receive support under this part, such agency may 
     receive funds under this part only if, for the preceding 
     fiscal year, the combined expenditure per pupil of State and 
     local funds in each higher poverty school is at least 
     comparable to the average combined expenditure per pupil of 
     State and local funds across all lower poverty schools.
       ``(2) Equivalence.--A local educational agency shall be 
     considered to have met the requirements of paragraph (1), and 
     to be eligible to receive funds under this part, if--
       ``(A) such agency has filed annually with the State 
     educational agency a school-by-school listing of per-pupil 
     expenditures of State and local funds, as described in 
     paragraph (1), for each school served by the agency for the 
     preceding fiscal year; and
       ``(B) the listing described in subparagraph (A) 
     demonstrates comparable allocation of per-pupil expenditures 
     across schools as required by subparagraph (A) or (B) of 
     paragraph (1).
       ``(3) Basis.--A local educational agency may meet the 
     requirements of paragraphs (1)

[[Page 2927]]

     or (2) across all schools or among schools serving a 
     particular grade span, if the local educational agency 
     compares schools within not more than three grade spans.
       ``(4) Requirements.--
       ``(A) Requirements of the secretary.--The Secretary shall 
     issue regulations concerning the responsibilities of State 
     educational agencies and local educational agencies for 
     meeting the requirements of this subsection.
       ``(B) Requirements of states.--Each State educational 
     agency receiving funds under this part shall--
       ``(i) create and distribute to local educational agencies, 
     and make available to the public, regulations on the 
     responsibilities of local educational agencies for meeting 
     the requirements of this subsection; and
       ``(ii) submit a plan to the Secretary, required under 
     section 1111(d)(1)(B).
       ``(C) Requirements of local educational agencies.--Not 
     later than 18 months after the date of enactment of the 
     Student Success Act, each local educational agency receiving 
     funds under this part shall develop and submit to the State 
     educational agency a plan, which shall be made available to 
     the public, that will ensure comparable allocation of 
     resources as described in paragraph (1) not later than 5 full 
     school years after the date of enactment of the Student 
     Success Act, including information on--
       ``(i) a timeline and annual benchmarks for making progress 
     toward achieving comparable allocation of resources; and
       ``(ii) how the local educational agency is aligning school 
     improvement efforts described under section 1116(b) and (c), 
     efforts to improve educator supports and working conditions 
     described in section 2112(b)(3), and efforts to improve the 
     equitable distribution of teachers and principals described 
     in section 2112(b)(5), with efforts to improve the comparable 
     allocation of resources as described in this subsection;
       ``(5) Inapplicability.--This subsection shall not apply to 
     a local educational agency that does not have more than one 
     building for each grade span.
       ``(6) Compliance.--For the purpose of determining 
     compliance with paragraph (1), a local educational agency--
       ``(A) shall exclude State and local funds expended for the 
     excess costs of providing English language instruction for 
     Limited English Proficient students as determined by the 
     local educational agency;
       ``(B) shall exclude State and local funds expended for the 
     excess costs of providing services to children with 
     disabilities as determined by the local educational agency;
       ``(C) may exclude capital expenditures; and
       ``(D) may exclude supplemental State or local funds 
     expended in any school attendance area or school for programs 
     that meet the intent and purpose of this part.
       ``(7) Exclusions.--A local educational agency need not 
     include unpredictable or significant changes in student 
     enrollment or personnel assignments that occur after the 
     beginning of a school year in determining the comparable 
     allocation of expenditures under this subsection.
       ``(8) Transitional compliance.--Beginning on the date of 
     enactment of Student Success Act, for no more than 5 full 
     school years a local educational agency shall be deemed to be 
     in compliance with paragraph (1) and paragraph (4)(C)(i) for 
     any school year, if the teachers hired to fill vacancies for 
     individual schools served under this part, and for the 
     schools not served under this part, improve the comparable 
     allocation of combined State and local per pupil expenditures 
     compared to the preceding school year.
       ``(9) Waiver.--A local educational agency may apply to the 
     Secretary to waive the requirement of paragraph (1), for not 
     more than 1 year at a time, if the Secretary determines that 
     the failure to comply with such requirement is due to 
     exceptional or uncontrollable circumstances, such as a 
     natural disaster or a precipitous and unforeseen decline in 
     the agency's financial resources.
       ``(10) Rule of construction.--Nothing in this section shall 
     be construed to alter or otherwise affect the rights, 
     remedies, and procedures afforded school or local educational 
     agency employees under Federal, State, or local laws 
     (including applicable regulations or court orders) or under 
     the terms of collective bargaining agreements, memoranda of 
     understanding, or other agreements between such employees and 
     their employers.
       ``(11) No forced transfers.--Nothing in this subsection 
     shall be construed to require a local educational agency to 
     transfer school personnel in order to comply with the 
     requirements of this subsection.''.

     SEC. 109. COORDINATION REQUIREMENTS.

       Section 1120B (20 U.S.C. 6321(c)) is amended to read as 
     follows:

     ``SEC. 1120B. COORDINATION REQUIREMENTS.

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

     SEC. 110. TREATMENT OF THE OUTLYING AREAS AND BUREAU OF 
                   INDIAN EDUCATION SCHOOLS.

       (a) In General.--Section 1121 (20 U.S.C. 6331) is amended--
       (1) in the section heading, by striking ``the outlying 
     areas and'';
       (2) by amending subsection (a) to read as follows:
       ``(a) Reservation of Funds.--
       ``(1) In general.--From the amount appropriated for 
     payments to States for any fiscal year under sections 1002(a) 
     and 1125A(f), the Secretary shall reserve--
       ``(A) for each fiscal year until the fiscal year described 
     in paragraph (2), .67 percent to provide assistance to the 
     Secretary of the Interior in the amount necessary to make 
     payments pursuant to subsection (b); and
       ``(B) for the fiscal year described in paragraph (2) and 
     each succeeding fiscal year, 0.75 percent to provide 
     assistance to the Secretary of the Interior in the amount 
     necessary to make payments pursuant to such subsection.
       ``(2) Description of fiscal year.--A fiscal year described 
     in this paragraph is a fiscal year for which the total amount 
     allocated under this part for each State, after reserving 
     funds in accordance with paragraph (1)(B), would be an amount 
     that is not less than the total amount allocated under this 
     part for such State for fiscal year 2015.'';
       (3) by striking subsections (b) and (c);
       (4) by redesignating subsection (d) as subsection (b); and
       (5) in subsection (b), as so redesignated--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--The amount allotted for payments to the 
     Secretary of the Interior under subsection (a) for any fiscal 
     year shall be used to meet the special educational needs of--
       ``(A) Indian children on reservations served by elementary 
     schools and secondary schools for Indian children operated or 
     supported by the Department of the Interior; and
       ``(B) out-of-State Indian children in elementary schools 
     and secondary schools in local educational agencies under 
     special contracts with the Department of the Interior.''; and
       (B) in paragraph (2), by striking ``subsection (a)(2)'' and 
     inserting ``subsection (a)''.
       (b) Allocations to States.--Section 1122 (20 U.S.C. 6332) 
     is amended by striking subsection (e).
       (c) Basic Grants to Local Educational Agencies.--Section 
     1124(d) (20 U.S.C. 6333(d)) is amended--
       (1) in paragraph (2), by redesignating subparagraphs (A) 
     and (B) as clauses (i) and (ii), respectively, and indenting 
     appropriately;
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (3) by striking ``Notwithstanding section 1122'' and 
     inserting the following:
       ``(1) In general.--Notwithstanding section 1122 and except 
     as provided in paragraph (2)'';
       (4) in paragraph (1)(B)(i) (as so redesignated), by 
     striking ``calculated in paragraph (1)'' and inserting 
     ``calculated in subparagraph (A)''; and
       (5) by adding at the end the following new paragraph:
       ``(2) Exception.--American Samoa, Guam, the Commonwealth of 
     the Northern Mariana Islands, and the United States Virgin 
     Islands shall each receive one-half of the lesser of the 
     amounts calculated for each such jurisdiction under 
     subparagraphs (A) and (B) of paragraph (1).''.

[[Page 2928]]

       (d) Concentration Grants to Local Educational Agencies.--
     Section 1124A(a)(1)(B) (20 U.S.C. 6334(a)(1)(B)) is amended--
       (1) by inserting ``State minimum.--'' after the 
     subparagraph enumerator;
       (2) in clause (ii)--
       (A) in subclause (II), by redesignating items (aa) and (bb) 
     as subitems (AA) and (BB), respectively, and indenting 
     appropriately; and
       (B) by redesignating subclauses (I) and (II) as items (aa) 
     and (bb), respectively, and indenting appropriately;
       (3) by redesignating clauses (i) and (ii) as subclauses (I) 
     and (II), respectively, and indenting appropriately;
       (4) by striking ``Notwithstanding section 1122'' and 
     inserting the following:
       ``(i) In general.--Notwithstanding section 1122 and except 
     as provided in clause (ii)'';
       (5) in clause (i)(II)(aa) (as so redesignated) by striking 
     ``calculated under clause (i)'' and inserting ``calculated 
     under subclause (I)''; and
       (6) by adding at the end the following new clause:
       ``(ii) Exception.--American Samoa, Guam, the Commonwealth 
     of the Northern Mariana Islands, and the United States Virgin 
     Islands shall each receive one-half of the lesser of the 
     amounts calculated for each such jurisdiction under 
     subclauses (I) and (II) of clause (i).''.
       (e) Targeted Grants to Local Educational Agencies.--Section 
     1125(e) (20 U.S.C. 6335(e)) is amended--
       (1) in paragraph (2), by redesignating subparagraphs (A) 
     and (B) as clauses (i) and (ii), respectively, and indenting 
     appropriately;
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (3) by striking ``Notwithstanding any other provision of 
     this section or section 1122'' and inserting the following:
       ``(1) In general.--Notwithstanding section 1122 and except 
     as provided in paragraph (2)'';
       (4) by adding at the end the following new paragraph:
       ``(2) Exception.--American Samoa, Guam, the Commonwealth of 
     the Northern Mariana Islands, and the United States Virgin 
     Islands shall each receive one-half of the lesser of the 
     amounts calculated for each such jurisdiction under 
     subparagraphs (A) and (B) of paragraph (1).''.
       (f) Education Finance Incentive Grant Program.--Section 
     1125A(b) (20 U.S.C. 6337(b)) is amended--
       (1) in paragraph (1)(B)--
       (A) in clause (ii), by redesignating subclauses (I) and 
     (II) as items (aa) and (bb), respectively, and indenting 
     appropriately;
       (B) by redesignating clauses (i) and (ii) as subclauses (I) 
     and (II), respectively, and indenting appropriately;
       (C) by striking ``Notwithstanding any other provision of 
     this section or section 1122'' and inserting the following:
       ``(i) In general.--Notwithstanding section 1122 and except 
     as provided in clause (ii)''; and
       (D) by adding at the end the following new clause:
       ``(ii) Exception.--American Samoa, Guam, the Commonwealth 
     of the Northern Mariana Islands, and the United States Virgin 
     Islands shall each receive one-half of the lesser of the 
     amounts calculated for each such jurisdiction under 
     subclauses (I) and (II) of clause (i).''; and
       (2) in paragraph (2)(B)--
       (A) in the subparagraph heading, by inserting ``and certain 
     outlying areas'' before the period at the end; and
       (B) by adding after ``Commonwealth of Puerto Rico'' the 
     following: ``, American Samoa, Guam, the Commonwealth of the 
     Northern Mariana Islands, and the United States Virgin 
     Islands''.
       (g) Definition.--Section 9101(30) (20 U.S.C. 7801(30)) is 
     amended by striking ``section 1121(b) and any other'' and 
     inserting ``any''.

     SEC. 111. SUPPORT FOR HIGH-QUALITY ASSESSMENTS.

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

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

     ``SEC. 1131. GRANTS TO IMPROVE DELIVERY OF HIGH-QUALITY 
                   ASSESSMENTS AND FOR RELATED ACTIVITIES.

       ``(a) In General.--From the amount reserved under section 
     1134(b)(5) and subject to subparagraphs (A) and (B) of such 
     section, the Secretary shall make grants by allocating funds 
     in accordance with subsection (b) of this section to States 
     to enable the States to--
       ``(1) develop, administer, and further align State 
     assessments required by section 1111(b)(3) to State content 
     standards required by section 1111(b)(1);
       ``(2) ensure the provision of appropriate accommodations as 
     required by section 1111(b)(3) to students with limited 
     English proficiency and students with disabilities to improve 
     the rates of inclusion in State assessments of such students;
       ``(3) develop State assessment systems aligned to the 
     State's content standards that support systems of continuous 
     improvement and meet the assurance of coordination and 
     alignment as described in section 1111(b)(3)(H);
       ``(4) support local educational agencies in identifying 
     uses of assessment data, which may include appropriate use of 
     student assessment data as one of multiple measures of 
     student learning for teacher and school leader performance 
     and evaluation, where applicable; and
       ``(5) carry out the activities described in the report 
     required under subsection (c).
       ``(b) Allocation of Funds.--From the amount reserved under 
     section 1134(b)(5), each State shall receive an allocation 
     for each fiscal year in an amount equal to--
       ``(1) $4,000,000; and
       ``(2) with respect to any amounts remaining after the 
     allocation is made under paragraph (1), an amount that bears 
     the same relationship to such total remaining amounts as the 
     number of students ages 5 through 17 in the State (as 
     determined by the Secretary on the basis of the most recent 
     satisfactory data) bears to the total number of such students 
     in all States.
       ``(c) State Report.--Not later than 6 months after a State 
     receives a grant under this section, the State shall, in 
     consultation with education stakeholders, prepare and make 
     publically available a report, that explains how the State 
     has used, or will use, the grant to--
       ``(1) improve the quality and use of the State's assessment 
     system, including assessments not required by section 
     1111(b)(3), and for related activities;
       ``(2) ensure that all summative assessments that are used 
     for accountability purposes, including accountability 
     described in section 1111(c) are valid and reliable, and 
     consistent with relevant, nationally recognized professional 
     and technical standards; and
       ``(3) improve the use of State assessment data by school 
     leaders, educators, and parents, and for related activities, 
     such as--
       ``(A) disseminating the assessment data in an accessible 
     and understandable format for educators, parents, and 
     families;
       ``(B) decreasing time between administering such State 
     assessments and releasing assessment data;
       ``(C) supporting the dissemination of promising practices 
     from local educational agencies that have successfully used 
     assessment data to improve individual student and overall 
     school performance;
       ``(D) identifying appropriate uses of assessment data, 
     which may include appropriate use of student assessment data 
     as one of multiple measures of student learning for teacher 
     and school leader performance and evaluation; and
       ``(E) providing professional development on assessment and 
     data literacy to teachers and school leaders, including on 
     the development and effective use of formative and classroom-
     based assessments aligned with State content standards.

     ``SEC. 1132. GRANTS FOR ASSESSMENT SYSTEM ALIGNMENT, QUALITY, 
                   AND USE.

       ``(a) In General.--From the amount reserved under section 
     1134(b)(3), the Secretary shall make grants to States to--
       ``(1) in the case of a grant awarded under this section to 
     a State for the first time--
       ``(A) carry out an audit of the State assessment system and 
     ensure that local educational agencies carry out audits of 
     local assessments under subsection (e)(1);
       ``(B) prepare and carry out the State plan under subsection 
     (e)(6); and
       ``(C) award subgrants under subsection (f); and
       ``(2) in the case of a grant awarded under this section to 
     a State that has previously received a grant under this 
     section--
       ``(A) carry out the State plan on audit findings under 
     subsection (e)(6); and
       ``(B) award subgrants under subsection (f).
       ``(b) Minimum Amount.--Each State with an approved 
     application shall receive a grant amount of not less than 
     $2,000,000.
       ``(c) Reallocation.--If a State chooses not to apply to 
     receive a grant under this subsection, or if such State's 
     application under subsection (d) is disapproved by the 
     Secretary, the Secretary shall reallocate such grant amount 
     to other States with approved applications.
       ``(d) Application.--A State desiring to receive a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(e) Audits of State Assessment Systems and Local 
     Assessments.--
       ``(1) Audit requirements.--Not later than 1 year after a 
     State receives a grant under this section for the first time, 
     the State shall--
       ``(A) conduct an audit of the State assessment system;
       ``(B) ensure that each local educational agency under the 
     State's jurisdiction and receiving funds under this Act--
       ``(i) conducts an audit of each local assessment 
     administered by the local educational agency; and
       ``(ii) submits the results of such audit to the State; and
       ``(C) report the results of each State and local 
     educational agency audit conducted under subparagraphs (A) 
     and (B)--
       ``(i) in a publicly available format, such as a widely 
     accessible online platform; and
       ``(ii) with appropriate accessibility provisions for 
     individuals with disabilities and individuals with limited 
     English proficiency.
       ``(2) Resources for local educational agencies.--In 
     carrying out paragraph (1)(B),

[[Page 2929]]

     each State shall develop and provide local educational 
     agencies with resources, such as guidelines and protocols, to 
     assist the agencies in conducting and reporting the results 
     of the audit required under such paragraph (1)(B).
       ``(3) State assessment system description.--An audit of a 
     State assessment system conducted under paragraph (1) shall 
     include a description of each State assessment carried out in 
     the State, including--
       ``(A) the grade and subject matter assessed;
       ``(B) whether the assessment is required under section 
     1111(b)(3);
       ``(C) the annual cost to the State educational agency 
     involved in developing, purchasing, administering, and 
     scoring the assessment;
       ``(D) the purpose for which the assessment was designed and 
     the purpose for which the assessment is used, including 
     assessments designed to contribute to systems of continuous 
     improvement of teaching and learning;
       ``(E) the time for disseminating assessment results;
       ``(F) a description of how the assessment is aligned with 
     the State's content standards;
       ``(G) a description of any State law or regulation that 
     established the requirement for the assessment;
       ``(H) the schedule and calendar for all State assessments 
     given; and
       ``(I) a description of the State's policies for inclusion 
     of students with limited English proficiency and students 
     with disabilities.
       ``(4) Local assessment description.--An audit of a local 
     assessment conducted under paragraph (1) shall include a 
     description of the local assessment carried out by the local 
     educational agency, including--
       ``(A) the descriptions listed in subparagraphs (A), (D), 
     and (E) of paragraph (3);
       ``(B) the annual cost to the local educational agency of 
     developing, purchasing, administering, and scoring the 
     assessment;
       ``(C) the extent to which the assessment is aligned to the 
     State's content standards;
       ``(D) a description of any State or local law or regulation 
     that establishes the requirement for the assessment; and
       ``(E) in the case of a summative assessment that is used 
     for accountability purposes, whether the assessment is valid 
     and reliable and consistent with nationally recognized 
     professional and technical standards.
       ``(5) Stakeholder feedback.--Each audit of a State 
     assessment system or local assessment system conducted under 
     subparagraph (A) or (B) of paragraph (1) shall include 
     feedback on such system from education stakeholders, which 
     shall cover information such as--
       ``(A) how educators and administrators use assessment data 
     to improve and differentiate instruction;
       ``(B) the timing of release of assessment data;
       ``(C) the extent to which assessment data is presented in 
     an accessible and understandable format for educators, 
     parents, students, if appropriate, and the community;
       ``(D) the opportunities, resources, and training educators 
     and administrators are given to review assessment results and 
     make effective use of assessment data;
       ``(E) the distribution of technological resources and 
     personnel necessary to administer assessments;
       ``(F) the amount of time educators spend on test 
     preparation;
       ``(G) the assessments that administrators, educators, 
     parents, and students, if appropriate, do and do not find 
     useful;
       ``(H) the amount of time students spend taking the 
     assessments; and
       ``(I) other information as appropriate.
       ``(6) State plan on audit findings.--
       ``(A) Preparing the state plan on audit findings.--Not 
     later than 6 months after a State conducts an audit under 
     paragraph (1) and based on the results of such audit, the 
     State shall, in coordination with the local educational 
     agencies under the jurisdiction of the State, prepare and 
     submit to the Secretary, a plan to improve and streamline 
     State assessment systems and local assessment systems, 
     including through activities such as--
       ``(i) eliminating any assessments that are not required by 
     section 1111(b)(3) (such as by buying out the remainder of 
     procurement contracts with assessment developers) and that--

       ``(I) are low-quality;
       ``(II) not aligned to the State's content standards;
       ``(III) in the case of summative assessments used for 
     accountability purposes, are not valid or reliable and are 
     inconsistent with nationally recognized professional and 
     technical standards;
       ``(IV) do not contribute to systems of continuous 
     improvement for teaching and learning; or
       ``(V) are redundant;

       ``(ii) supporting the dissemination of promising practices 
     from local educational agencies or other States that have 
     successfully improved assessment quality and efficiency to 
     improve teaching and learning;
       ``(iii) supporting local educational agencies or consortia 
     of local educational agencies to carry out efforts to 
     streamline local assessment systems and implementing a 
     regular process of review and evaluation of assessment use in 
     local educational agencies;
       ``(iv) supporting appropriate uses of assessment data, 
     which may include appropriate use of student assessment data 
     as one of multiple measures of student learning for teacher 
     and school leader performance and evaluation; and
       ``(v) providing professional development to teachers and 
     school leaders on selecting and implementing formative 
     assessments, designing classroom-based assessments, and 
     assessment and data literacy.
       ``(B) Carry out the state plan on audit findings.--A State 
     shall carry out a State plan on audit findings as soon as 
     practicable after the State prepares such State plan under 
     subparagraph (A) and during each grant period of a grant 
     described in subsection (a)(2) that is awarded to the State.
       ``(f) Subgrants to Local Educational Agencies.--
       ``(1) In general.--From the amount awarded to a State under 
     this section, the State shall reserve not less than 20 
     percent of funds to make subgrants to local educational 
     agencies in the State, or a consortium of such local 
     educational agencies, based on demonstrated need in the 
     agency's or consortium's application to improve assessment 
     quality, use, and alignment with the State's content 
     standards.
       ``(2) Local educational agency application.--Each local 
     educational agency, or consortium of local educational 
     agencies, seeking a subgrant under this subsection shall 
     submit an application to the State at such time, in such 
     manner, and describing that agency's or consortium's needs to 
     improve assessment quality, use, and alignment (as described 
     in paragraph (1)), and such other information as determined 
     by the State.
       ``(3) Use of funds.--A subgrant awarded under this 
     subsection to a local educational agency or consortium of 
     such agencies may be used to--
       ``(A) conduct an audit of local assessments under 
     subsection (e)(1)(B);
       ``(B) eliminate any assessments identified for elimination 
     by such audit, such as by buying out the remainder of 
     procurement contracts with assessment developers;
       ``(C) disseminate the promising practices described in 
     subsection (e)(6)(B);
       ``(D) improve the capacity of school leaders and educators 
     to disseminate assessment data in an accessible and 
     understandable format for parents and families, including for 
     individuals with disabilities or individuals with limited 
     English proficiency;
       ``(E) support the appropriate use of assessment data, which 
     may include appropriate use of student assessment data as one 
     of multiple measures of student learning for teacher and 
     school leader performance and evaluation;
       ``(F) provide professional development to, and time for 
     teacher collaboration on designing classroom-based 
     assessments and improving assessments and data literacy for, 
     teachers and school leaders, which may include providing 
     additional planning time to analyze student and team data and 
     designing instruction based on data analysis;
       ``(G) improve assessment delivery systems and schedules, 
     including by increasing access to technology and exam 
     proctors, where appropriate;
       ``(H) hire instructional coaches, or promoting educators 
     who may receive increased compensation to serve as 
     instructional coaches, to support educators to develop 
     classroom-based assessments, interpret assessment data, and 
     design instruction; and
       ``(I) provide for appropriate assessment accommodations to 
     maximize inclusion of students with disabilities and students 
     with limited English proficiency, including by providing the 
     assessments described in section 1111(b)(6).

     ``SEC. 1133. INNOVATIVE ASSESSMENT DEMONSTRATION AUTHORITY.

       ``(a) Definitions.--In this part:
       ``(1) College and career ready standards.--The term 
     `college and career ready standards' means the academic 
     content and student academic achievement standards adopted by 
     a State under section 1111(b).
       ``(2) Competency education.--The term `competency 
     education' is defined, (at a minimum), as a school-level 
     framework for learning that enables personalization, with the 
     goal of students becoming proficient, in which--
       ``(A) students advance upon mastery;
       ``(B) competencies are transparent, aligned to State 
     academic standards, and include explicit, measurable, and 
     transferable learning objectives;
       ``(C) assessment improves teaching and learning in real 
     time and validates when students are ready to demonstrate 
     mastery; and
       ``(D) students receive timely, differentiated support based 
     on their individual learning needs.

     Competencies emphasize growth towards higher order skills, 
     including the application and creation of knowledge and 
     social emotional skills.
       ``(3) Core indicators.--The term `core indicators' means--
       ``(A) State academic assessments that meet the requirements 
     of section 1111(b)(3) and that provide data that can be 
     compared with data regarding the State academic assessments 
     required under section 1111(b)(3); and
       ``(B) graduation rates.

[[Page 2930]]

       ``(4) Eligible entity.--The term `eligible entity' means a 
     State educational agency or consortium of State educational 
     agencies.
       ``(5) Mastery.--The term `mastery' means a level of 
     knowledge or skill development demonstrated by a student 
     signifying that the student has met a standard and is 
     prepared to progress to a subsequent standard.
       ``(6) Performance assessment.--The term `performance 
     assessment' means a multi-step assessment that--
       ``(A) includes complex activities with clear criteria, 
     expectations, and processes that enable students to interact 
     with meaningful content; and
       ``(B) measures the depth at which students learn content 
     and apply complex skills to create or refine an original 
     product or solution.
       ``(b) Demonstration Authority.--
       ``(1) In general.--The Secretary may provide eligible 
     entities, in accordance with paragraph (3), with the 
     authority to establish State assessment systems that enable 
     competency education to satisfy the requirements under 
     section 1111(c) and 1111(b)(3) and use results of such 
     competency education assessment system for the purposes of 
     section 1111(c) and section 1116 and in accordance with an 
     application approved under subsection (c).
       ``(2) Demonstration period.--The initial award of 
     demonstration authority under this part shall be for a period 
     of 5 years. After such period, if the Secretary has not 
     withdrawn the demonstration authority from an eligible 
     entity, the eligible entity shall be permitted to operate the 
     assessment system approved under the demonstration authority 
     in lieu of the requirements under section 1111(b)(3), except 
     that the assessments required under section 1111(b)(3) shall 
     be administered at a minimum of once in grades 3 through 56, 
     once in graades 6 through 8, and once in high school.
       ``(3) Initial demonstration authority; expansion; 
     renewal.--
       ``(A) Initial limit.--During the initial 3-year period of 
     demonstration authority under this section, the Secretary may 
     not provide more than 5 eligible entities with the authority 
     described in paragraph (1).
       ``(B) Expansion of demonstration authority.--After the end 
     of the initial demonstration period described in subparagraph 
     (A), the Secretary may provide additional eligible entities 
     with demonstration authority described in paragraph (1), 
     subject to each of the requirements of this part as 
     applicable, if the Secretary determines that the 
     demonstration authority provided under this part during the 
     initial demonstration period has effectively supported 
     student progress on core indicators among students served by 
     the eligible entities, including subgroups of students 
     described in section 1111(c)(3)(A).
       ``(c) Applications.--To be eligible to participate in the 
     demonstration under this part, an eligible entity shall 
     submit an application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     require, that describes the assessment system that will be 
     used by the eligible entity to enable competency education, 
     including--
       ``(1) a description of the assessment system the eligible 
     entity will use (consistent with section 1111(b)(3)(B) and 
     covering the subjects described in section 1111(b)(3)(C)), 
     including--
       ``(A) how the system will provide annual summative student 
     performance data gathered in one of the following ways--
       ``(i) a statewide summative assessment administered at 
     least once annually in each of grades 3 through 8 and once in 
     grades 9 through 12;
       ``(ii) a statewide summative instrument administered at 
     least once annually in each of grades 3 through 8 and once in 
     grades 9 through 12 administered as multiple assessments 
     throughout the year; or
       ``(iii) a combination of a statewide summative assessment 
     and , or in lieu of, local summative assessments administered 
     at least once annually in each of grades 3 through 8 and once 
     in grades 9 through 12, so long as--

       ``(I) the assessments provide, at a minimum, annual 
     information about student performance to inform 
     determinations about accountability and supports and 
     interventions;
       ``(II) the statewide assessment occurs at a minimum of once 
     in elementary, once in middle, and once in high school;
       ``(III) the assessment items are aligned to college- and 
     career-ready State academic standards;
       ``(IV) the local assessment instruments produce comparable 
     results across the State that are of high technical quality, 
     reliability, and validity; and
       ``(V) the system of assessments incorporates multiple 
     sources of evidence of student learning, including 
     performance-based tasks; and

       ``(B) how the system will incorporate formative, interim, 
     and summative assessments, including the use of performance 
     assessments and other sources of evidence of student learning 
     that determine mastery of college and career ready standards 
     and competencies.
       ``(d) Assurances.--The State educational agency will 
     provide assurances that--
       ``(1) the system is aligned to college and career ready 
     standards described in section 1111 and State-approved 
     competencies;
       ``(2) the system has been developed in collaboration with 
     stakeholders representing the interests of students with 
     disabilities, English learners, and civil rights 
     organizations in the State, as demonstrated through 
     modifications made to the assessments resulting from such 
     collaboration;
       ``(3) the system incorporates the principles of universal 
     design as defined in section 3(a) of the Assistive Technology 
     Act of 1998 (29 U.S.C.14 3002(a));
       ``(4) the system will allow students to demonstrate 
     progress toward mastery of such standards and State-approved 
     competencies;
       ``(5) the assessments will assess mastery of State-approved 
     competencies when students are ready to demonstrate mastery 
     of such standards and competencies;
       ``(6) the system will provide students with multiple 
     opportunities to demonstrate mastery of such standards and 
     competencies;
       ``(7) the system will engage and support teachers in 
     scoring assessments, including the use of high quality 
     professional development, standardized and calibrated scoring 
     rubrics, and other strategies to ensure inter-rater 
     reliability and comparability of determinations of mastery 
     across the State;
       ``(8) the system provides educators, students, and parents 
     with real-time data to inform instructional practice and 
     continuously improve student performance;
       ``(9) the system will provide instructional support and 
     targeted intervention to all students to ensure every student 
     is on-track to master the State approved standards and 
     competencies by graduation;
       ``(10) the system will only utilize a student's 
     individualized education program, as defined in section 602 
     of the Individuals with Disabilities Education Act, for 
     purposes specifically allowed under such Act;
       ``(11) a description of how the system will be used to 
     satisfy the accountability requirements of section 1111(c);
       ``(12) the State will administer the annual statewide 
     assessment required under section 1111(b)(3) until the 
     secretary removes such requirement as described under 
     subsection (b)(2);
       ``(13) the eligible entity's plan to--
       ``(A) ensure that all students, including each student 
     subgroup described in section 1111(c)(3)(A)--
       ``(i) are held to the same high standard;
       ``(ii) demonstrate annually, at a minimum, at least 1 year 
     of academic growth consistent with the requirement in section 
     1111(b)(4)(E); and
       ``(iii) receive the instructional support needed to attain 
     mastery of college and career ready standards and State-
     approved competencies;
       ``(B) train local educational agency and school staff to 
     implement the assessments described in paragraph (2)(A);
       ``(C) acclimate students to the new assessment and 
     accountability systems; and
       ``(D) ensure that each local educational agency has the 
     technological infrastructure to operate the accountability 
     and assessment systems described in this section; and
       ``(14) a description of how instruction and professional 
     development will be enhanced to personalize the educational 
     experience for each student to ensure all students graduate 
     college and career ready, as determined in accordance with 
     State academic achievement standards under section 1111(b); 
     and
       ``(15) a description of the local educational agencies 
     within the State that will participate in the polit.
       ``(e) Peer Review.--The Secretary shall--
       ``(1) implement a peer review process, which shall include 
     a review team comprised of practitioners and experts who are 
     knowledgeable about competency education, to inform the 
     awarding of the demonstration authority under this part; and
       ``(2) make publicly available the applications submitted 
     under subsection (c) and the peer comments and 
     recommendations on such applications.
       ``(f) Demonstration Authority Withdrawn.--The Secretary may 
     withdraw the demonstration authority provided to an eligible 
     entity under this part if at any point after the 3 year 
     demonstration period described in subsection (b)(2), the 
     Secretary determines that student performance for all 
     students served by the eligible entity or any student 
     subgroup described under section 1111(c)(3)(A) has declined 
     on core indicators;
       ``(g) Dissemination of Best Practices.--The Secretary shall 
     disseminate best practices on the implementation of 
     accountability and assessment systems that enable competency 
     education, including on--
       ``(1) strategies that States used to accelerate mastery of 
     State standards and aligned competencies to close achievement 
     gaps and increase readiness for college and career;
       ``(2) the effective use of formative, interim, and 
     summative assessments to inform instruction; and
       ``(4) the development of standardized and calibrated 
     scoring rubrics, and other strategies to ensure inter-rater 
     reliability and comparability of determinations of mastery 
     across the State.

     ``SEC. 1134. FUNDING.

       ``(a) Authorization of Appropriations.--
       ``(1) National assessment of educational progress.--For the 
     purpose of administering

[[Page 2931]]

     the State assessments under the National Assessment of 
     Educational Progress, there are authorized to be appropriated 
     $72,000,000 for fiscal year 2016, and such sums as may be 
     necessary for each of the 5 succeeding fiscal years.
       ``(2) State assessments and related activities.--For the 
     purpose of carrying out this subpart, there are authorized to 
     be appropriated $600,000,000 for fiscal year 2016, and such 
     sums as may be necessary for each of the 5 succeeding fiscal 
     years.
       ``(b) Reservation of Appropriated Funds.--From amounts made 
     available for each fiscal year under subsection (a)(2), the 
     Secretary shall--
       ``(1) reserve one-half of 1 percent for the Bureau of 
     Indian Affairs;
       ``(2) reserve one-half of 1 percent for the outlying areas;
       ``(3) reserve 20 percent to carry out section 1132;
       ``(4) reserve 3 percent to carry out section 1133; and
       ``(5) reserve the remainder (after reserving funds under 
     paragraphs (1) through (4)) to carry out section 1131, except 
     that--
       ``(A) for any fiscal year for which the funds appropriated 
     under subsection (a)(2) of this section are equal to or 
     greater than $450,000,000, each State that receives a grant 
     under section 1131 shall use the grant to carry out 
     paragraphs (1) through (5) of section 1131(a); and
       ``(B) for any fiscal year for which the funds appropriated 
     under subsection (a)(2) of this section are less than 
     $450,000,000, each State that receives a grant under section 
     1131 shall only be required to use the grant to carry out 
     paragraphs (1) through (3) of section 1131(a).

     ``SEC. 1135. STATE DEFINED.

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

     SEC. 112. STATE AGENCY PROGRAMS.

       Part D of title I (20 U.S.C. 6421 et seq.) is amended--
       (1) in section1414(a)(2)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) by redesignating subparagraph (C) as subparagraph (F); 
     and
       (C) by inserting after subparagraph (B) the following:
       ``(C) contain procedures to ensure that each student who 
     has been placed in the State's juvenile justice system is 
     promptly re-enrolled in secondary school or placed in a re-
     entry program that best meets the educational and social 
     needs of the student;
       ``(D) contain procedures for facilitating the transfer of 
     credits that such students earned during placement;
       ``(E) provide that, to the extent feasible, students will 
     have the opportunity to participate in higher education or 
     career pathways; and'';
       (2) in section 1416--
       (A) by redesignating paragraphs (3), (4), (5), (6), (7) and 
     (8) as paragraphs (4), (5), (7), (8), (9), and (10), 
     respectively;
       (B) by inserting after paragraph (2) the following:
       ``(3) includes the development of an initial education 
     services and transition plan for each child or youth served 
     under this subpart upon entry into the correctional facility, 
     in partnership with the child or youth's family members and 
     the local educational agency that most recently provided 
     services to the child or youth;'';
       (C) by inserting after paragraph (5), as so redesignated by 
     subparagraph (A), the following:
       ``(6) describes how the program will consult with the child 
     or youth's local educational agency for a period jointly 
     determined necessary by the correctional facility and the 
     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;'';
       (D) in paragraph (9), as so redesignated, by striking 
     ``and'' at the end;
       (E) in paragraph (10), as so redesignated, by striking the 
     period at the end and inserting ``; and''; and
       (F) by adding at the end the following:
       ``(11) includes an assurance that the State agency will 
     report annually on the number of children and youth released 
     from the correctional facility or institution who returned or 
     did not return to school, the number of children and youth 
     obtaining a secondary school diploma or its recognized 
     equivalent, and the number of children and youth obtaining 
     employment.''; and
       (3) in section 1425--
       (A) by redesignating paragraphs (10) and (11) as paragraphs 
     (11) and (12), respectively; and
       (B) by inserting after paragraph (9) the following:
       ``(10) where feasible, coordinate with agencies that 
     provide re-entry services to adjudicated youth;''.

     SEC. 113. FOSTER YOUTH.

       (a) Amendment.--Part D of title I is amended by adding at 
     the end the following:

     ``Subpart 4--Educational Stability of Children in Foster Care

     ``SEC. 1441. EDUCATIONAL STABILITY OF CHILDREN IN FOSTER 
                   CARE.

       ``(a) Obligations to Collaborate With Child Welfare 
     Agencies.--
       ``(1) In general.--Each State educational agency receiving 
     assistance under part A shall, in consultation with the State 
     agency responsible for administering the State plans under 
     parts B and E of title IV of the Social Security Act (42 
     U.S.C. 621 et seq., 670 et seq.), develop and implement a 
     plan to ensure that the following occurs, for each child in 
     the State, when the child moves to a new school attendance 
     area as a result of being placed in foster care (as described 
     in section 1442 (1)), changing foster care placements, or 
     leaving foster care:
       ``(A) Attendance at a school of origin.--
       ``(i) In general.--The child enrolls or remains in the 
     child's school of origin, unless a determination is made that 
     it is in the child's best interest to attend a different 
     school.".
       ``(ii) Limitation.--A child who leaves foster care shall 
     only be entitled to remain in the child's school of origin 
     for the remainder of the school year.
       ``(B) Immediate enrollment.--When a determination is made 
     regarding the school that it is in the best interest of a 
     child in foster care to attend, the child shall be 
     immediately enrolled in such school, even if the child is 
     unable to produce records normally required for enrollment, 
     such as previous academic records, immunization and medical 
     records, a birth certificate, guardianship records, proof of 
     residency, or other documentation.
       ``(C) Records transfer.--Any records ordinarily kept by a 
     school, including records of immunizations, health 
     screenings, and other required health records, academic 
     records, birth certificates, evaluations for special services 
     or programs, and any individualized education programs (as 
     defined in section 602 of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1401)), regarding a child in foster 
     care shall be--
       ``(i) maintained so that the records involved are 
     available, in a timely fashion, when a child in foster care 
     enters a new school; and
       ``(ii) immediately transferred to the enrolling school, 
     even if the child owes fees or fines or was not withdrawn 
     from previous schools in conformance with local withdrawal 
     procedures.
       ``(2) Implementation.--Each State educational agency 
     receiving assistance under part shall ensure that the plan 
     described in paragraph (1) is implemented by the local 
     educational agencies in the State.
       ``(b) Credit Transfer and Diplomas.--Each State that 
     receives assistance under part A shall have policies for 
     ensuring that--
       ``(1) a child in foster care who is changing schools can 
     transfer school credits and receive partial credits for 
     coursework satisfactorily completed while attending a prior 
     school or educational program;
       ``(2) a child in foster care is afforded opportunities to 
     recover school credits lost due to placement instability 
     while in foster care; and
       ``(3) a child in foster care who has changed secondary 
     schools can receive a secondary school diploma either from 
     one of the schools in which the child was enrolled or through 
     a State-issued secondary school diploma system, consistent 
     with State graduation requirements.
       ``(c) Transportation.--
       ``(1) In general.--The local educational agency and State 
     shall, in consultation with the local child welfare agency, 
     develop and within one year of enactment of this act 
     implement clear written procedures governing how 
     transportation to maintain children in foster care in their 
     school of origin when in their best interest will be 
     provided, arranged, and funded for the duration of the time 
     in foster care and through the remainder of the school year 
     in which the children leave foster care. The procedures shall 
     ensure that children needing transportation to the school of 
     origin will promptly receive transportation in a cost 
     effective manner and in accordance with section 475(1)(G) of 
     the Social Security Act (42 U.S.C. 675(1)(G).
       ``(2) Cost of Transportation.--Where the child in foster 
     care remains in the school of origin pursuant to section 
     475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)), 
     and if there are additional costs incurred in providing 
     transportation to maintain children in their schools of 
     origin, the local educational agency will provide 
     transportation to their school of origin if:
       ``(A) the local child welfare agency agrees to reimburse 
     the local educational agency for the cost of such 
     transportation;
       ``(B) the local educational agency agrees to pay for the 
     cost of such transportation; or
       ``(C) the local educational agency and the local child 
     welfare agency agree to share the cost of such 
     transportation; or
       ``(D) Transportation for the remainder of the school 
     year.--The local educational agency will provide 
     transportation for the remainder of the academic year in 
     which a child leaves foster care if whomever the child is 
     returned to by the child welfare agency requests 
     transportation and remaining in the school of origin is in 
     the child's best interest.
       ``(d) Points of Contact.--

[[Page 2932]]

       ``(1) Local educational agencies.--A State that receives 
     assistance under part A shall:
       ``(A) advise each local educational agency in the State of 
     their option to designate an individual employed by the 
     agency to serve as a point of contact for the child welfare 
     agencies responsible for children in foster care enrolled in 
     the local educational agency and that they must designate 
     such a point of contact if any such local child welfare 
     agency provides written notice it has designated an 
     individual employed by that agency to serve as a point of 
     contact for the local educational agency;
       ``(B) ensure that local educational agency points of 
     contact oversee the implementation of the local educational 
     agency requirements under this section; and
       ``(C) ensure that high needs local educational agencies do 
     not designate the same individual as the point of contact for 
     children in foster care and the local educational agency 
     liaison under section 722(g)(1)(J)(ii) of the McKinney-Vento 
     Homeless Assistance Act.
       ``(2) State educational agencies.--
       ``(A) Each State educational agency receiving assistance 
     under part A shall designate an individual to serve as a 
     point of contact for child welfare agencies and to oversee 
     the implementation of the State educational agency 
     requirements under this section.
       ``(B) A State educational agency's point of contact shall 
     not be the individual designated as the State's Coordinator 
     for Education of Homeless Children and Youths under section 
     722(d)(3) of the McKinney-Vento Homeless Assistance Act.

     ``SEC. 1442. DEFINITIONS.

       ``(a) Header.--In this part:
       ``(1) Child in foster care.--The term `child in foster 
     care' means a child whose care and placement is the 
     responsibility of the agency that administers a State plan 
     under part B or E of title IV of the Social Security Act (42 
     U.S.C. 621 et seq., 670 et seq.), without regard to whether 
     foster care maintenance payments are made under section 472 
     of the Social Security Act (42 U.S.C. 672) on behalf of the 
     child.
       ``(2) School attendance area.--The term `school attendance 
     area' has the meaning given the term in section 1113(a)(2).
       ``(3) School of origin.--The term `school of origin' means, 
     with respect to a child in foster care, any of the following:
       ``(A) The public school in which the child was enrolled 
     prior to entry into foster care.
       ``(B) The public school in which the child is enrolled when 
     a change in foster care placement occurs.
       ``(C) The public school the child attended when last 
     permanently housed, as such term is used in section 
     722(g)(3)(G) of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11432(g)(3)(G)), if such child was eligible for 
     assistance under such Act before the child became a child in 
     foster care.".''.
       (b) Guidance.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary is directed to issue 
     guidance on the implementation of part E of title I of this 
     Act, including how State and local agencies will work 
     together to ensure that transportation for children in foster 
     care is provided to the school of origin.

     SEC. 114. SCHOOL DROPOUT PREVENTION.

       (a) Authorization of Appropriations.--Section 1803 (20 
     U.S.C. 6553) is amended by striking ``2002'' and inserting 
     ``2016''.
       (b) National Activities.--Section 1811(b)(4) (20 U.S.C. 
     6555(b)(4)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``for all students'';
       (2) in subparagraph (A)--
       (A) by inserting ``for all students'' before ``in that''; 
     and
       (B) by striking ``or'' at the end;
       (3) by redesignating subparagraph (B) as subparagraph (C);
       (4) by inserting after subparagraph (A), as so amended, the 
     following:
       ``(B) for students in one or more of the subgroups 
     described in section 1111(c)(3)(A); or''; and
       (5) in subparagraph (C), as so amended, by inserting ``for 
     all students or for students in one or more of the subgroups 
     described in section 1111(c)(3)(A) with a higher than average 
     dropout rate'' after ``middle school,''.
       (c) Subgrants to Local Educational Agencies.--Section 
     1822(b)(1) (20 U.S.C. 6561a(b)(1)) is amended--
       (1) in subparagraph (D), by inserting before the semicolon 
     at the end the following: ``, including the development of 
     early warning indicator systems in middle schools, as 
     described in section 1116(c)(5)(A)''; and
       (2) in subparagraph (H), by inserting before the semicolon 
     at the end the following: ``, including the creation of 
     individualized student success plans''.
       (d) Applications.--Section 1823(b)(1)(G) (20 U.S.C. 
     6561b(b)(1)(G)) is amended--
       (1) by striking ``about'' and inserting ``and evidence-
     based''; and
       (2) by striking ``reentry'' and inserting ``reentry 
     programs''.
       (e) Reporting and Accountability.--Section 1830 (20 U.S.C. 
     6561i(a)(1)) by striking ``race and ethnicity'' and inserting 
     ``each subgroup described in section 111(c)(3)(A)''.
       (f) Prohibited Uses of Funds.--Subpart 2 of part H of title 
     I (20 U.S.C. 6561 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 1831. PROHIBITED USES OF FUNDS.

       ``No funds under this part may be used for--
       ``(1) the development, establishment, implementation, or 
     enforcement of zero-tolerance school discipline policies 
     unless otherwise required by Federal law; or
       ``(2) law enforcement agencies or local police departments 
     serving a school or local educational agency--
       ``(A) with substantial documented excesses or racial 
     disparities in the use of exclusionary discipline;
       ``(B) operating under an open school desegregation order, 
     whether court-ordered or voluntary;
       ``(C) operating under a pattern or practice or practice 
     consent decree for civil rights violations; or
       ``(D) already receiving substantial Federal funds for the 
     placement of law enforcement in schools.''.

                     TITLE II--TEACHERS AND LEADERS

     SEC. 201. GREAT TEACHERS AND LEADERS.

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

                 ``TITLE II--GREAT TEACHERS AND LEADERS

     ``SEC. 2001. PURPOSE.

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

     ``SEC. 2002. DEFINITIONS.

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

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

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

       ``(I) be on track to successful completion of such program; 
     and
       ``(II) be supervised by a mentor teacher;

[[Page 2933]]

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

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

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

       ``(I) be on track to successful completion of such program; 
     and
       ``(II) be supervised by a mentor teacher; and

       ``(C) means any teacher who is highly qualified as defined 
     in section 9101(23) or section 602(10) of the Individuals 
     with Disabilities Education Act, as such section was in 
     effect on the day before the date of enactment of the Student 
     Success Act.
       ``(6) Induction.--The term `induction' means a program for 
     new teachers and new school leaders, as appropriate, during 
     at least their first 2 years of practice, that is designed to 
     increase effectiveness and retention of new teachers and new 
     school leaders, and that includes--
       ``(A) high-quality mentoring;
       ``(B) development of skills and knowledge in areas needed 
     for new teachers, including, content knowledge and pedagogy, 
     instructional strategies for teaching students with diverse 
     learning needs, classroom management (including strategies 
     that improve the school-wide climate for learning, which may 
     include positive behavioral interventions and supports), 
     formative assessment of student learning, and the analysis 
     and use of student assessment data to improve instruction;
       ``(C) frequent, structured time for collaboration and 
     professional development with teachers and school leaders in 
     the same field, grade, or subject area, and opportunities to 
     draw directly on the expertise of other school and local 
     educational agency staff, staff of high-performing pathways, 
     and other organizations that provide high-quality induction 
     supports;
       ``(D) regular and structured observation and feedback by 
     mentors, school leaders, or effective teachers, as determined 
     by the State or local educational agency; and
       ``(E) where feasible, team teaching, reduced teaching load 
     and activities designed to ensure that teachers have 
     appropriate teaching tools and instructional materials for 
     their classroom.
       ``(7) Mentoring.--The term `mentoring' means the mentoring 
     of new teachers and school leaders, as appropriate, so as to 
     increase the effectiveness and retention of those teachers 
     and school leaders through a program that--
       ``(A) includes clear criteria for the selection of teacher 
     and school leaders mentors that take into account a 
     candidate's effectiveness as a teacher or school leader and 
     that individual's ability to facilitate adult learning;
       ``(B) provides high-quality training for the mentors on how 
     to support new teachers and school leaders effectively;
       ``(C) provides regularly scheduled time for collaboration 
     and for examination of student work and achievement data, and 
     on-going opportunities for mentors and mentees to observe 
     each other's practice; and
       ``(D) matches, when possible, each mentee with a mentor who 
     is in the same field, grade, or subject area as the mentee.
       ``(8) Professional development.--The term `professional 
     development' means coordinated and aligned activities with 
     evidence of increasing effectiveness of educators, which may 
     include teachers, principals, other school leaders, 
     specialized instructional support personnel, 
     paraprofessionals, early childhood educators, and other 
     school staff that--
       ``(A) fosters collective responsibility for improved 
     student performance;
       ``(B) is comprised of professional learning that--
       ``(i) aligns with State academic content and achievement 
     standards and early learning standards, as appropriate, with 
     local educational agency and school improvement goals and 
     plans, including those identified under section 1116, and 
     with school instructional materials;
       ``(ii) is aligned to a teacher and school leader evaluation 
     system, where applicable;
       ``(iii) is conducted among educators at the school and 
     facilitated by trained school leaders and school-based 
     professional development coaches, mentors, master teachers, 
     or other teacher leaders;
       ``(iv) supports family engagement in their children's 
     education;
       ``(v) primarily occurs frequently and during significant 
     blocks of time among established teams of teachers, school 
     leaders, and other instructional staff members where the 
     teams of educators engage in a continuous cycle of 
     improvement that--

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

       ``(C) may be supplemented by activities such as courses, 
     workshops, institutes, networks, and conferences that--
       ``(i) address the academic goals and objectives established 
     for professional development by educators and school leaders 
     at the school level;
       ``(ii) advance the ongoing school-based professional 
     development; and
       ``(iii) are provided for by for-profit and non-profit 
     entities outside the school such as universities, education 
     service agencies, technical assistance providers, networks of 
     content-area specialists, and other education organizations 
     and associations.
       ``(9) School leader.--The term `school leader' means a 
     principal, an assistant principal, administrator or director, 
     or an individual who is--
       ``(A) an employee or officer of a school; and
       ``(B) is responsible for managerial operations, 
     instructional leadership, or interscholastic athletic 
     programs of that school.
       ``(10) School leadership team.--The term `school leadership 
     team' means a group that includes the principal, other school 
     leaders, and teachers at a school who work together to 
     develop school plans or goals for the school.
       ``(11) State teacher performance assessment.--The term 
     `State-teacher performance assessment' means a rigorous 
     assessment used to measure teacher performance that is 
     developed and approved in collaboration with teachers, and 
     administered by the State and--
       ``(A) is based on professional teaching standards;
       ``(B) are aligned to State academic content and achievement 
     and early learning standards;
       ``(C) is used to document the effectiveness of a 
     teacher's--
       ``(i) curriculum planning;
       ``(ii) instruction of students, including appropriate 
     supports for students who are English learners and students 
     who are children with disabilities; and
       ``(iii) assessment of students, including analysis of 
     evidence of student learning;
       ``(D) is validated based on professional assessment 
     standards;
       ``(E) is regularly monitored to ensure the quality, 
     reliability, validity, fairness, consistency, and objectivity 
     of the evaluators' determinations;
       ``(F) is reliably scored by trained evaluators with 
     appropriate oversight of the process to ensure consistency; 
     and
       ``(G) the results of which are used to support continuous 
     improvement of educator practice.
       ``(12) Teaching residency program.--The term `teaching 
     residency program' means a school-based teacher preparation 
     program in which a prospective teacher--
       ``(A) teaches alongside a mentor teacher, who is the 
     teacher of record, for at least one year;
       ``(B) receives concurrent instruction in the teaching of 
     the content area in which the teacher will become certified 
     or licensed;
       ``(C) receives concurrent instruction in effective teaching 
     skills; and
       ``(D) attains full State teacher certification or 
     licensure, and becomes qualified prior to, or upon, 
     completion of the program.
       ``(13) Evidence of classroom practice.--The term `evidence 
     of classroom practice' means evidence gathered through 
     multiple formats and from multiple sources that demonstrate 
     effective teaching skills and--
       ``(A) shall include--
       ``(i) multiple classroom observations based on rigorous 
     teacher performance standards

[[Page 2934]]

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

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

     ``SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $3,500,000,000 
     for fiscal year 2016, and such sums as may be necessary for 
     each of the 5 succeeding fiscal years, to carry out this 
     part.

                     ``Subpart 1--Grants to States

     ``SEC. 2111. ALLOCATIONS TO STATES.

       ``(a) Reservations.--From the amounts made available under 
     section 2101 for this subpart for each fiscal year, the 
     Secretary shall reserve--
       ``(1) one-half of one percent for the outlying areas, to be 
     distributed among the outlying areas on the basis of their 
     relative need, as determined by the Secretary, for activities 
     consistent with the purposes of this title;
       ``(2) one-half of one percent for the Secretary of the 
     Interior, for activities, consistent with the purposes of 
     this title described in section 2001, in schools operated by 
     or funded by the Bureau of Indian Education; and
       ``(3) one-half of one percent for a competitive grant 
     program to encourage consortia of States to develop 
     instructional supports aligned to new college- and career-
     ready standards that are made widely available to all States 
     and local educational agencies.
       ``(b) Allotments to States, Reductions.--
       ``(1) In general.--From the amounts made available under 
     section 2101 for this subpart for each fiscal year that 
     remain after the Secretary reserves funds under subsection 
     (a) of this section, the Secretary shall allot to each State 
     with an approved application under section 2112 the sum of--
       ``(A) an amount that bears the same relationship to 35 
     percent of the remaining amount as the number of individuals 
     age five through 17 in the State, as determined by the 
     Secretary on the basis of the most recent satisfactory data, 
     bears to the number of those individuals in all such States, 
     as so determined; and
       ``(B) an amount that bears the same relationship to 65 
     percent of the remaining amount as the number of individuals 
     age five through 17 from families with incomes below the 
     poverty line, in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined.
       ``(2) Fiscal year 2016.--Notwithstanding paragraph (1), for 
     fiscal year 2016, no State shall receive less than 90 percent 
     of the State's allocation under this part for fiscal year 
     2015, as such part was in effect on the day before the date 
     of enactment of the Student Success Act.
       ``(3) Succeeding fiscal years.--Notwithstanding paragraph 
     (1), for fiscal year 2016 and each succeeding fiscal year, no 
     State shall receive an allotment under paragraph (1) that is 
     less than 90 percent of the State's allotment under such 
     paragraph for the preceding fiscal year.
       ``(c) Ratable Reductions.--If the funds made available to 
     carry out paragraph (1) of subsection (b) are insufficient to 
     pay the full amounts that all States are eligible to receive 
     under subparagraph (2) or (3) of such subsection for any 
     fiscal year, the Secretary shall ratably reduce each such 
     amount for such fiscal year.
       ``(d) Reallotments.--If any State does not apply for an 
     allotment under this section, or has its application 
     disapproved by the Secretary, the Secretary shall reallot the 
     amount of that State's allotment to the remaining States that 
     have approved applications in accordance with this subpart.

     ``SEC. 2112. STATE APPLICATIONS.

       ``(a) In General.--For a State to be eligible to receive a 
     grant under this part, the State educational agency shall 
     submit an application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     reasonably require. The Secretary shall provide the State 
     educational agency with the opportunity to apply for funds 
     under this part and part B through a consolidated 
     application.
       ``(b) Contents.--Each application submitted under this 
     section shall include the following--
       ``(1) descriptions of any systems of teacher and principal 
     evaluation in the State, including whether each system--
       ``(A) is designed primarily to--
       ``(i) increase student learning and improve instruction for 
     students;
       ``(ii) inform professional development for teachers and 
     school leaders and support interventions for students; and
       ``(iii) provide on-going and timely, individual and 
     meaningful feedback, and substantive support to the teacher 
     or school leader;
       ``(B) is developed, implemented, and adopted in 
     collaboration with teachers, school leaders, and other 
     education stakeholders;
       ``(C) includes--
       ``(i) multiple measures of teacher and school leader 
     performance, including--

       ``(I) in the case of teachers, evidence of classroom 
     practice; and

[[Page 2935]]

       ``(II) in the case of school leaders, evidence of school 
     leadership and effective and efficient school program 
     administration;

       ``(ii) evidence of student learning;
       ``(iii) contributions to student growth including higher 
     order thinking skills, citizenship, and social and emotional 
     development; and
       ``(iv) differentiated levels of teacher and school leader 
     performance that are clearly articulated;
       ``(D) provides results that are comparable and consistent 
     across all teachers and school leaders within a local 
     educational agency consistent with section 2301 that reflect 
     the ages and grades being taught and consistent within 
     individual grade levels and subject areas in each local 
     educational agency;
       ``(E) evaluates, annually, each teacher and school leader 
     in the local educational agency and takes into consideration 
     the experience and performance level of the teacher or school 
     leader;
       ``(F) uses evaluation results to inform--
       ``(i) professional improvement plans for teachers and 
     school leaders, which shall be developed in collaboration 
     with teachers and school leaders, that are appropriate to the 
     level of the individual being evaluated, including support 
     and timelines to carry out each plan; and
       ``(ii) comprehensive support, mentoring, interventions and 
     timelines to carry out each plan; and
       ``(G) establishes appropriate training for evaluators and 
     staff being evaluated including--
       ``(i) a clear articulation of the evaluation system and the 
     process, systems, ratings, and the implications of the 
     results provided to teachers and school leaders;
       ``(ii) how the system provides teachers and principals the 
     opportunity and assistance to improve consistent with 
     subparagraph (F)(i); and
       ``(iii) how to identify working conditions that affect 
     teaching and learning, such as facilities and resources, and 
     school climate and safety, and isolating educator impact on 
     student outcomes from these factors;
       ``(2) a description of how the State educational agency 
     will ensure that within 4 years of the date of enactment of 
     the Student Success Act, each local educational agency in the 
     State that receives a subgrant under subpart 2 makes public 
     the results of an evaluation system if applicable;
       ``(3) a description of how, within 2 years of the date of 
     enactment of the Student Success Act, each local educational 
     agency in the State that receives a subgrant under subpart 2 
     shall conduct an annual assessment of educator support and 
     working conditions that--
       ``(A) evaluates supports for teachers, leaders, and other 
     school personnel, such as--
       ``(i) teacher and school leader perceptions of availability 
     of high-quality professional development and instructional 
     materials and opportunities for collaboration;
       ``(ii) timely availability of data on student academic 
     achievement and growth;
       ``(iii) the presence of high-quality instructional 
     leadership; and
       ``(iv) opportunities for professional growth such as career 
     ladders and mentoring and induction programs;
       ``(B) evaluates working conditions for teachers, school 
     leaders and other school personnel, such as--
       ``(i) school climate;
       ``(ii) school safety;
       ``(iii) class size;
       ``(iv) availability and use of common planning time and 
     opportunities to collaborate; and
       ``(v) family and community engagement;
       ``(C) is developed with teachers, school leaders and other 
     school personnel, parents, students, and the community;
       ``(D) develops and implements a plan with the groups 
     described in subparagraph (C) and with, at a minimum, annual 
     benchmarks to address the results of the assessment carried 
     described in this paragraph; and
       ``(E) publicly reports on the results of the evaluations 
     described in subparagraph (A) and (B) and the plan described 
     in subparagraph (C);
       ``(4) a description of the educator supports the State has 
     developed to assist in the implementation of new college- and 
     career-ready standards, as described in section 1111(b)(2), 
     including the State's plan for making those supports 
     available to its local educational agencies and for 
     prioritizing the introduction of those supports, in 
     conjunction with the appropriate local educational agency, 
     into the State's lowest performing schools;
       ``(5) a description of how a State will develop and 
     implement a plan for the equitable distribution of teachers 
     and principals that--
       ``(A) low-income and minority students are not--
       ``(i) taught at higher rates than are other students by 
     teachers not deemed qualified or who are rated in the lowest 
     evaluation categories, where applicable; and
       ``(ii) assigned at higher rates than are other students to 
     schools administered by principals who have been rated in the 
     lowest evaluation rating categories, where applicable;
       ``(B) includes--
       ``(i) percentage of effective teachers, as determined by 
     the State or local educational agency, for schools in the top 
     quartile of poverty against the schools in the bottom 
     quartile of poverty;
       ``(ii) percentage of effective teachers, as determined by 
     the State or local educational agency, for schools in the top 
     quartile in percentage of minority students against the 
     bottom quartile of percentage of minority students;
       ``(iii) specific and measurable goals and strategies to 
     close gaps identified in the plan; and
       ``(C) uses a combined measure of indicators such as a 
     composite to carry out the plan described in this paragraph 
     that--
       ``(i) shall include--

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

       ``(ii) may include--

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

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

     ``SEC. 2113. STATE USES OF FUNDS.

       ``(a) In General.--A State that receives a grant under this 
     subpart shall use--
       ``(1) 90 percent of the grant funds to award subgrants 
     under subpart 2 to local educational agencies with approved 
     applications under section 2122;
       ``(2) not more than 5 percent of the grant funds, to plan 
     and administer the activities of the State under this 
     subpart, including the awarding of the subgrants under 
     subpart 2 and the monitoring and enforcement of the 
     requirements for the subgrants, including developing or 
     improving any teacher and principal evaluation systems that 
     are based in part on evidence of student learning and other 
     measures determined by the State.
       ``(3) at least 2 percent of the grant funds to activities 
     designed to recruit, support, and retain effective principals 
     for high-need and low-performing schools, such as--
       ``(A) strengthening principal preparation programs to 
     ensure that they are highly selective, include in-depth 
     residency for at least one year or field-based experience in 
     a

[[Page 2936]]

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

          ``Subpart 2--Subgrants to Local Educational Agencies

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

       ``(a) In General.--Each State educational agency that 
     receives an allocation under subpart 1 shall allocate to each 
     local educational agency in the State that has an application 
     approved by the State under section 2122 the sum of--
       ``(1) the amount that bears the same relationship to 20 
     percent of the amount allocated to the State educational 
     agency as the number of individuals age 5 through 17 in the 
     geographic area served by the agency, as determined by the 
     Secretary on the basis of the most recent satisfactory data, 
     bears to the number of those individuals in the geographic 
     areas served by all such local educational agencies in the 
     State, as so determined; and
       ``(2) the amount that bears the same relationship to 80 
     percent of the amount allocated to the State educational 
     agency as the number of individuals age 5 through 17 from 
     families with incomes below the poverty line in the 
     geographic area served by the agency, as determined by the 
     Secretary on the basis of the most recent satisfactory data, 
     bears to the number of those individuals in the geographic 
     areas served by all such local educational agencies in the 
     State, as so determined.
       ``(b) Minimum Allotments.--
       ``(1) Fiscal year 2016.--For fiscal year 2016, no local 
     educational agency shall receive an allocation under 
     subsection (a) that is less than 90 percent of the allocation 
     the local educational agency received under this part for 
     fiscal year 2015, as this part was in effect on the day 
     before the date of enactment of the Student Success Act.
       ``(2) Subsequent fiscal years.--For fiscal year 2017 and 
     each succeeding fiscal year, no local educational agency 
     receiving an allotment under subsection (a) shall receive 
     less than 90 percent of the allotment the local educational 
     agency received under this subpart for the preceding fiscal 
     year.
       ``(c) Ratable Reduction.--If the funds described in 
     subsection (a) are insufficient to pay the full amounts that 
     all local educational agencies are eligible to receive under 
     subsection (b) for any fiscal year, the State shall ratably 
     reduce such amounts for such fiscal year.

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

       ``(a) In General.--To receive a subgrant under this subpart 
     a local educational agency shall--
       ``(1) submit an application to the State educational agency 
     involved at such time, in such manner, and containing such 
     information and assurances as the State educational agency 
     may reasonably require; and
       ``(2) conduct, in developing its application, and with the 
     involvement of teachers, principals, and other stakeholders, 
     as applicable, an assessment of educator support and working 
     conditions consistent with section 2112(b)(3), in the areas 
     set forth under the performance measures described in subpart 
     4, identified under the school improvement plans under 
     section 1116, as applicable, and the needs of schools 
     receiving funds under title I.
       ``(b) Contents.--Each application submitted under this 
     section shall include--
       ``(1) a description of--
       ``(A) the results of the needs assessment conducted under 
     subsection (a)(2);
       ``(B) the performance measures and activities the local 
     educational agency will use to address the needs identified 
     under the assessment;
       ``(C) the local educational agency's plan for using the 
     subgrant under this subpart, and other local, State, and 
     Federal funds, to ensure the equitable distribution of 
     teachers and principals, within the local educational agency 
     so that low-income and minority students are not--
       ``(i) taught at higher rates than are other students by 
     teachers not deemed qualified and who are not effective, as 
     determined by the State or local educational agency;
       ``(ii) assigned to schools administered by principals who 
     not effective, as determined by the State or local 
     educational agency, at higher rates than other students 
     within the local educational agency;
       ``(D) the local educational agency's plan for using the 
     subgrant under this subpart to support teachers in meeting 
     the diverse learning needs of all their students, including 
     through universal design for learning, as described in 
     section 5429(b)(21), and multi-tiered system of supports and 
     language acquisition; and
       ``(E) a description of the educator supports the local 
     educational agency will provide to assist with the 
     implementation of new college- and career-ready standards and 
     early learning standards, including the local educational 
     agency's plan for prioritizing the introduction of those 
     supports in its lowest performing schools;
       ``(F) a description of how the local educational agency 
     will, as appropriate, involve in the delivery of activities 
     and services under this part, external providers that have

[[Page 2937]]

     demonstrated expertise and experience in using evidence-based 
     strategies and programs to deliver evidence-based 
     professional development and to raise the quality of teaching 
     and school leadership; and
       ``(2) an assurance that, within 5 years of receiving a 
     subgrant under this subpart, the local educational agency 
     will--
       ``(A) conduct a second needs assessment, with the 
     involvement of teachers, principals, and other stakeholders, 
     as applicable, in the areas set forth in subpart 4 and 
     identified in plans under section 1116, as applicable, 
     particularly the needs of schools receiving funds under title 
     I; and
       ``(B) submit a revised application to the State, consistent 
     with the requirements of this section.

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

       ``(a) Use of Funds.--Subject to the requirements of the 
     State consistent with section 2112(a), a local educational 
     agency that receives a subgrant under this subpart shall, 
     directly, or with other local educational agencies or the 
     State educational agency, use the subgrant funds for 
     activities designed to increase academic achievement for all 
     students, including English learners and students with 
     disabilities, by increasing the number and percentage of 
     effective teachers and principals, as determined by the State 
     or local educational agency, and to ensure the equitable 
     distribution of effective teachers and school leaders through 
     activities that--
       ``(1) develop and implement, or improve, where applicable, 
     a teacher and principal evaluation system;
       ``(2) provide meaningful feedback to teachers and 
     principals on evaluation results, where applicable, and use 
     those results in making decisions, including about 
     professional development;
       ``(3) recruit teachers who are qualified and teachers and 
     principals who are effective, as determined by the State or 
     local educational agency, especially teachers and principals 
     who are needed for high-need and low-performing schools and 
     high-need fields and subjects, including teachers and 
     principals who come from underrepresented backgrounds;
       ``(4) implement the assessment of educator support and 
     working conditions in accordance with section 2112(b)(3);
       ``(5) implement the local educational agency's plan for 
     ensuring the equitable distribution of effective teachers and 
     principals, as determined by the State or local educational 
     agency, who have been rated by the teacher and principal 
     evaluation system as at least effective;
       ``(6) develop and implement an induction program that is 
     designed to increase the effectiveness of new teachers and 
     retain effective teachers, especially in high-need and low-
     performing schools, such as a program that provides reduced 
     teaching assignments for new teachers, training for 
     instructional coaches or mentors who will participate in 
     induction activities, access to on-line support systems, and 
     frequent feedback to promote continuous learning and 
     instructional improvement;
       ``(7) work toward reducing class size for kindergarten 
     through third grade by an amount and to a level consistent 
     with what research has found to improve student academic 
     achievement at a minimum in the schools in the lowest 
     quartile of poverty in the local educational agency;
       ``(8) improve within-school equity in the distribution of 
     effective teachers, as determined by the State or local 
     educational agency, so that low-income and minority students 
     are not taught at higher rates than are other students by 
     teachers rated in one of the two lowest evaluation rating 
     categories, where applicable;
       ``(9) plan and administer activities carried out under this 
     subpart, including other activities to improve effectiveness 
     and the equity of distribution as required in accordance with 
     the local educational agency's needs assessments under 
     subsection (a)(2);
       ``(10) develop a plan to expand and improve the capacity of 
     the local educational agency to recruit, select, train, 
     evaluate, and develop effective staff, teachers, school 
     leaders, and school leader managers to work at or with 
     schools identified for improvement under section 1116;
       ``(11) develop and implement professional development, 
     including to assist teachers in supporting, educating, and 
     properly implementing accommodations for students with 
     different learning styles, particularly students with 
     disabilities, English learners, and gifted and talented 
     students;
       ``(12) develop a plan to improve the management of school 
     leaders and to address the barriers in schools served by the 
     local educational agency;
       ``(13) recruit, train, and support teacher leaders or 
     principals for high-need schools; and
       ``(14) provide meaningful support to principals and their 
     instructional leadership teams.
       ``(b) Supplement, Not Supplant.--Funds received under this 
     subpart shall be used to supplement, and not supplant, non-
     Federal funds that would otherwise be used for activities 
     authorized under this subpart.
       ``(c) Rule of Construction.--Nothing in this subpart shall 
     be construed to require a local educational agency to 
     transfer school personnel in order to comply with the 
     requirements of this part.

              ``Subpart 3--National Leadership Activities

     ``SEC. 2131. NATIONAL LEADERSHIP ACTIVITIES.

       ``From the funds made available under section 2101 for this 
     subpart for any fiscal year, the Secretary may to reserve up 
     to 3 percent for research, development, technical assistance, 
     outreach, and dissemination activities, carried out either 
     directly or through grants, contracts, or cooperative 
     agreements. Such activities may include--
       ``(1) activities to strengthen teacher and principal 
     evaluation, including establishing a national center to 
     gather, provide benchmarks on, and disseminate best practices 
     and provide technical assistance on teacher and principal 
     evaluation so as to support States and local educational 
     agencies in developing robust and reliable evaluation systems 
     that take evidence of student learning, as defined in section 
     2002(15) into account;
       ``(2) direct assistance to nonprofit organizations to 
     enhance their support for local educational agencies and 
     schools, including to community-based organizations that can 
     support multiple local educational agencies in strengthening 
     their teacher and principal pipelines and human-resource 
     practices and provide professional enhancement activities, 
     including advanced credentialing and high-quality, sustained 
     professional development targeted to low-performing schools;
       ``(3) activities to support development of a leadership 
     academy to train school leaders in effective school 
     management and instructional leadership, with a primary focus 
     on turning around low-performing schools, including--
       ``(A) effective management of the organization, staff, and 
     resources;
       ``(B) developing a school climate and instructional program 
     and related evidence-based professional development aligned 
     to the needs of the students and school;
       ``(C) effective relationships with community and parents; 
     and
       ``(D) using student-level and school level-data to inform 
     decision-making;
       ``(4) activities to strengthen evaluation of 
     superintendents including developing model evaluations; and
       ``(5) activities to support pay for success initiatives to 
     meet the purposes of this part.

                      ``Subpart 4--Accountability

     ``SEC. 2141. EQUITY ACCOUNTABILITY.

       ``(a) State Requirements.--
       ``(1) In general.--Each State that receives a grant under 
     subpart 1 shall--
       ``(A) in a case in which the comparisons conducted under 
     section 2112(b)(5) of the State plan indicate the 
     inequalities described in paragraph (2) with respect to high-
     poverty and high-minority local educational agencies--
       ``(i) in consultation with the local educational agencies 
     in the State, established 2, 4 and 5 year improvement goals 
     that will substantially reduce or eliminate the inequities in 
     the schools of such high-poverty and high-minority local 
     educational agencies; and
       ``(ii) establish a support plan to assist such high-poverty 
     and high-minority local educational agencies meet such 
     improvement goals; and
       ``(B) in a case in which a high-poverty and high-minority 
     local educational agency has not achieved the 2-year 
     improvement goals established under subparagraph (A)(i), use 
     2.5 percent of the grant funds received under subpart 2 to 
     carry out the activities described in subparagraph (A).
       ``(2) Inequalities.--The inequalities described in this 
     paragraph are as follows:
       ``(A) Students in high poverty and high minority local 
     educational agencies in the State were being taught at higher 
     rates by teachers rated in the lowest two quartiles based on 
     the combined measure established under section 2112(b)(5)(C) 
     compared to students in low poverty and low minority local 
     educational agencies in the State.
       ``(B) Students in high poverty and high minority local 
     educational agencies are being taught at higher rates by 
     teachers who are not effective as determined by the State or 
     local educational agency, as compared to students in low 
     poverty and low minority local educational agencies.
       ``(b) Local Educational Agency Requirements.--
       ``(1) In general.--Subject to paragraph (3), a high-poverty 
     or high-minority local educational agency described in 
     paragraph (2) and with respect to which a State established 
     improvement goals under subsection (a)(1)(A)(i), shall--
       ``(A) in a case in which the local educational agency fails 
     to meet its 2 year improvement goals established under such 
     subsection, use all funds made available through the subgrant 
     to carry out the activities described in section 2112(b)(5);
       ``(B) in a case in which the local educational agency fails 
     to meet its 4 year improvement goals established under such 
     subsection--
       ``(i) receive a subgrant from the State under subpart 2 
     equal to not more than 50 percent of the subgrant received by 
     the local educational agency in the preceding year under such 
     subpart; and
       ``(ii) make non-Federal contributions in an amount equal to 
     not less than the Federal funds provided under the subgrant; 
     and

[[Page 2938]]

       ``(C) in a case in which the local educational agency fails 
     to meet its 5 year improvement goals established under such 
     subsection, the local educational agency shall be prohibited 
     from receiving a subgrant subpart 2.
       ``(2) Description of local educational agencies.--A local 
     educational agency described in this paragraph is a local 
     educational agency that--
       ``(A) students in high poverty and high minority schools 
     are being taught at higher rates by teachers rated in the 
     lowest two quartiles based on the combined measure 
     established under section 2112(b)(5)(C) compared to students 
     in low poverty and low minority schools; and
       ``(B) students in high poverty and high minority schools 
     are being taught at higher rates by teachers who are not 
     effective, as determined by the State or local educational 
     agency, compared to students in low poverty and low minority 
     schools.
       ``(3) Exception.--Paragraph (1) shall not apply to high 
     poverty and high minority schools where students are being 
     taught at higher rates who are not effective, as determined 
     by the State or local educational agency, compared to 
     students in low poverty and low minority schools in the local 
     educational agency if the performance of the high poverty or 
     high minority school's students, including each group of 
     students described in section 1111(b)(2)(C)(v)(II), on the 
     State's annual student academic assessments has exceeded the 
     statewide average performance for students overall in that 
     subject for at least the previous 2 years.
       ``(4) Inapplicability.--This section shall not apply to a 
     local educational agency that does not have more than one 
     building for each grade span.
       ``(5) Transitional compliance.--Beginning on the date of 
     enactment of the Student Success Act, for no more than 4 full 
     school years a local educational agency shall be deemed to be 
     in compliance with this section for any school year, if the 
     teachers hired to fill vacancies in local education agencies 
     served under this part, improve the equity in distribution of 
     effective teachers, as determined by the State or local 
     educational agency, between students served by high poverty 
     or high minority schools and students served by low poverty 
     or low minority schools as described in paragraph (2).
       ``(6) Waiver.--A local educational agency may apply to the 
     Secretary for a temporary waiver of the requirements of this 
     section in the case of a natural disaster or unpredictable or 
     significant personnel assignments that occur after the 
     beginning of a school year that would affect determination of 
     compliance with this section.
       ``(7) Rules of construction.--Nothing in this section shall 
     be construed to require a local educational agency to 
     transfer school personnel in order to comply with this 
     section.

                     ``Subpart 5--Public Reporting

     ``SEC. 2151. PUBLIC REPORTING.

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

              ``PART B--TEACHER AND LEADER INNOVATION FUND

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

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

     ``SEC. 2202. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     $950,000,000 for fiscal year 2016 and such sums as may be 
     necessary for each of the 5 succeeding fiscal years to carry 
     out this part.
       ``(b) Continuation.--From the funds made available under 
     subsection (a), the Secretary may reserve funds to continue 
     funding the Teacher Incentive Fund authorized under the 
     fourth, fifth, and sixth provisos of the `Innovation and 
     Improvement Account' under title III of Public Law 109-149, 
     in accordance with the terms and conditions of such Fund that 
     were in effect on the day before the enactment of the Student 
     Success Act.

     ``SEC. 2203. GRANTS.

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

[[Page 2939]]

     against baseline measures on performance indicators.

     ``SEC. 2204. APPLICATIONS.

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

     ``SEC. 2205. USE OF FUNDS.

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

                      ``PART C--GENERAL PROVISIONS

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

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

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

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

     ``SEC. 2303. PROHIBITION.

       ``Nothing in this title shall authorize any employee of the 
     Federal Government to mandate, direct, control, or exercise 
     any direction or supervision over the development of teacher, 
     principal, or school leader evaluation systems.''.

     SEC. 202. HEA CONFORMING AMENDMENTS.

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

[[Page 2940]]

       (B) in subsection (d)--
       (i) in paragraph (1)--

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

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

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

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

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

       ``(B) may include any of the following:
       ``(i) The Governor of the State.
       ``(ii) The State educational agency.
       ``(iii) The State board of education.
       ``(iv) The State agency for higher education.
       ``(v) A business.
       ``(vi) A public or private nonprofit educational 
     organization.
       ``(vii) An educational service agency.
       ``(viii) A teacher organization.
       ``(ix) A high-performing local educational agency, or a 
     consortium of such local educational agencies, that can serve 
     as a resource to the partnership.
       ``(x) A charter school (as defined in section 5210).
       ``(xi) A school or department within a partner institution 
     that focuses on psychology and human development.
       ``(xii) A school or department within a partner institution 
     with comparable expertise in the disciplines of teaching, 
     learning, and child and adolescent development.
       ``(xiii) An entity operating a program that provides 
     alternative routes to State certification of teachers.
       ``(xiv) A school, department, or program of education 
     within a partner institution.
       ``(xv) A school or department of arts and sciences within a 
     partner institution.'';
       (2) by amending paragraph (10) to read as follows:
       ``(10) High-need local educational agency.--The term "high-
     need local educational agency has the meaning given such term 
     in section 2002(4), as amended by section 201 of the Student 
     Success Act.'';
       (3) by amending paragraph (14) to read as follows:
       ``(14) Induction program.--The term `induction program' has 
     the meaning given the term `induction' in section 2002(6), as 
     amended by section 201 of the Student Success Act.''; and
       (4) by amending paragraph (21) to read as follows:
       ``(21) Teacher mentoring.--The term `teacher mentoring' has 
     the meaning given the term `mentoring' in section 2002(7), as 
     amended by section 201 of the Student Success Act.''.
       (d) Purpose.--Section 201 of the Higher Education Act of 
     1965 (20 U.S.C. 1022) is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period and inserting ``; and'' at the 
     end of paragraph (4); and
       (3) by inserting at the end the following:
       ``(5) improve teacher effectiveness.''.
       (e) Partnership Grants.--Section 202 of the Higher 
     Education Act of 1965 (20 U.S.C. 1022a) is amended--
       (1) in subsection (b)(6)--
       (A) in subparagraph (E)(ii), by striking ``student 
     academic'' and inserting ``college-and-career ready student 
     academic'';
       (B) in subparagraph (H)--
       (i) in the matter preceding clause (i), by inserting ``or 
     alternative route entity'' after ``partner institution'';
       (ii) in clause (i), by striking ``that incorporate'' and 
     all that follows through ``instruction'' and inserting 
     ``consistent with part A of title IV of the Elementary and 
     Secondary Education Act of 1965'';
       (iii) in clause (i), insert ``and other educators, 
     including mutli-tiered systems of support and universal 
     design for learning, as described in section 5429(b)(21)'' 
     after ``secondary school teachers'';
       (iv) in clause (ii), insert `` and writing instruction'' 
     after ``reading''; and
       (v) after clause (ii) insert the following:
       ``(iii) provide high-quality professional development 
     activities to strengthen the instructional and leadership 
     skills of elementary school and secondary school principals 
     and district superintendents, if the partner institution has 
     a principal preparation program;'';
       (C) by redesignating subparagraphs (I) through (K) as 
     subparagraphs (J) through (L), respectively; and
       (D) by inserting after subparagraph (H), the following:
       ``(I) how the partnership will prepare teachers to use data 
     to analyze student performance and adjust teaching practices 
     to improve student achievement;''; and
       (2) in subsection (d)(6)(A), by striking ``that incorporate 
     the essential components of literacy instruction'' and 
     inserting ``aligned with part A of title IV of the Elementary 
     and Secondary Education Act of 1965''.
       (f) Administrative Provisions.--Section 203(b)(2)(A) of the 
     Higher Education Act of 1965 (20 U.S.C. 1022b(b)(2)(A)) is 
     amended by inserting ``or alternative route entity'' after 
     "institution of higher education
       (g) Accountability and Evaluation.--Section 204(a) of the 
     Higher Education Act of 1965 (20 U.S.C. 1022c) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2), the following:
       ``(3) effective teachers as determined by the State;''.
       (h) Information on Preparation Programs.--Section 205(b)(1) 
     of the Higher Education Act of 1965 (20 U.S.C. 1022d(b)) is 
     amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``teacher preparation program'' and inserting ``teacher and 
     school leader preparation program''; and
       (2) by adding at the end the following:
       ``(M) Within 3 years of the date of enactment of the 
     Student Success Act, information on the impact of each 
     program's graduates on the evidence of student learning, as 
     defined in section 2002(15), of the students that such 
     graduates teach, if that information is available.
       ``(N) The percentage of each program's graduates who teach 
     in a high-need school.
       ``(O) The percentage of each program's graduates who are 
     prepared to teach a high-need subject.
       ``(P) The percentage of each program's graduates who become 
     effective and highly effective teachers or principals as 
     determined by the State.
       ``(Q) The 3-year retention rate of each program's graduates 
     who become effective and highly effective teachers or 
     principals according to such graduates' ratings by such 
     system.''.

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

     SEC. 301. LANGUAGE INSTRUCTION.

       Title III (20 U.S.C. 6801 et seq.) is amended--
       (1) in section 3001--
       (A) by striking ``fiscal year 2002'' and inserting ``fiscal 
     year 2016'' each place it appears; and
       (B) in subsection (a)(1), by striking ``$750,000,000'' and 
     inserting ``1,000,000,000'';

[[Page 2941]]

       (2) by striking ``No Child Left Behind Act of 2001'' and 
     inserting ``Student Success Act'' each place it appears;
       (3) in section 3244, by striking ``2002 through 2008'' and 
     inserting ``2016 through 2022'';
       (4) by striking ``adequate yearly progress'' and inserting 
     ``progress'' each place it appears;
       (5) in sections 3102(8)(B), 3113(b)(5)(B), and 
     3116(b)(3)(B), by striking ``, as described in section 
     1111(b)(2)(B)'';
       (6) in section 3122(a)(3)(A)(iii), by striking ``as 
     described in section 1111(b)(2)(B)'';
       (7) by repealing section 3122;
       (8) in section 3111(b)(2)(D), by striking ``annual 
     measurable achievement objectives pursuant to section 3122'' 
     and inserting ``performance targets described in section 
     1111(c)'';
       (9) in sections 3113(b), 3116(b), 3121(d)(3), and 3302(b), 
     by striking ``annual measurable achievement objectives 
     described in section 3122'' and inserting ``performance 
     targets described in section 1111(c)'' each place it appears;
       (10) in section 3122, by striking ``annual measurable 
     achievement objectives'' and inserting ``performance 
     targets'' each place it appears;
       (11) by striking ``section 1111(b)(7)'' and inserting 
     ``section 1111(b)(3)(F)'' each place it appears; and
       (12) by striking ``section 1111(b)(1)'' and inserting 
     ``section 1111(b)(4)'' each place it appears.

                     TITLE IV--21ST CENTURY SCHOOLS

     SEC. 401. 21ST CENTURY SCHOOLS.

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

                    ``TITLE IV--21ST CENTURY SCHOOLS

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

     ``SEC. 4001. PURPOSE.

       ``The purpose of this part is to provide opportunities for 
     communities to establish or expand activities through 
     learning partnerships that--
       ``(1) provide opportunities for academic enrichment, 
     increased academic achievement, and student success in 
     schools by providing students with additional learning time 
     for more expansive, relevant and rigorous learning 
     opportunities, including opportunities to catch students up 
     in their coursework, and help students accelerate their 
     learning;
       ``(2) provide a broad array of additional services, 
     programs and activities for a well-rounded education, 
     including youth development activities, music and the arts, 
     outdoor and recreation programs, technology education 
     programs, dual-language programs, character education, and 
     environmental literacy programs that are designed to 
     reinforce and compliment the regular academic program for 
     participating students;
       ``(3) complement, not replicate, the regular school day, by 
     offering a range of activities that capture student interest 
     and strengthen student engagement in learning, promote higher 
     class attendence, improve retention, and reduce the risk for 
     dropout, and actively address the specific learning needs and 
     interests of all types of students, especially those who may 
     benefit from approaches and experiences not offered in the 
     traditional classroom setting;
       ``(4) provide teachers and staff in learning partnerships 
     with increased opportunities to work collaboratively, and to 
     participate in professional planning and professional 
     development, within and across grades and subjects to improve 
     teaching and learning;
       ``(5) provide students with safe learning environments and 
     additional resources to increase student engagement in 
     school; and
       ``(6) offer families of students served by partnerships 
     opportunities for literacy development and related 
     educational development.

     ``SEC. 4002. ALLOTMENT TO STATES.

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

     ``SEC. 4003. STATE ACTIVITIES.

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

     ``SEC. 4004. STATE APPLICATION.

       ``(a) In General.--In order to receive an allotment under 
     section 4002(b) for any fiscal year, a State educational 
     agency shall submit to the Secretary, at such time and in 
     such manner as the Secretary may require, an application 
     that--
       ``(1) designates the State educational agency as the agency 
     responsible for the administration and supervision of 
     programs assisted under this part;
       ``(2) describes how the State educational agency will use 
     funds received under this part, including funds reserved for 
     State-level activities;
       ``(3) contains an assurance that the State educational 
     agency, in making awards under section 4005, will give 
     priority to learning partnerships that propose to serve--
       ``(A) students attending schools in need of support and 
     high-priority schools;
       ``(B) schools with a high number or percentage of students 
     that are eligible for free or reduced price lunch under the 
     Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.);
       ``(4) describes the peer review process as described in 
     section 4005(e) and the selection criteria the State 
     educational agency will use to evaluate applications from, 
     and select, learning partnerships to receive awards under 
     section 4005;
       ``(5) describes the steps the State educational agency will 
     take to ensure that activities and programs carried out by 
     learning partnerships using such awards--
       ``(A) implement evidence-based strategies; and
       ``(B) ensure learning partnerships have the capacity to 
     implement high-quality additional learning time activities 
     that are different from methods which have been proven 
     ineffective during the regular school day;

[[Page 2942]]

       ``(6) describes how the State educational agency will use 
     the indicators under section 4007(a)(3) to measure the 
     performance, on an annual basis, of learning partnerships, 
     and
       ``(A) use outcomes from multiple indicators and not rely on 
     one indicator in isolation; and
       ``(B) provide ongoing technical assistance and training and 
     dissemination of promising practices;
       ``(7) provides an assurance that the State educational 
     agency will set up a process to allow learning partnerships 
     who receive an award under section 4005 and who operate a 
     proven and effective program based on the measures of 
     performance described in paragraph (6) to recompete in their 
     last year of funding for an additional 5-year implementation 
     cycle;
       ``(8) describes how the State educational agency will, to 
     the extent practicable, distribute funds under this part 
     equitably among geographic areas within the State, including 
     urban and rural areas;
       ``(9) includes information identifying the per-pupil 
     funding amount range the State educational agency will use to 
     ensure that awards made under section 4005 are of sufficient 
     size and scope to carry out the purposes of the award,
       ``(10) includes an assurance that in determining award 
     amounts in accordance with paragraph (9), the State 
     educational agency shall take into consideration--
       ``(A) diverse geographical areas; and
       ``(B) the quality of activities and programs proposed by 
     learning partnerships applying for such awards;
       ``(11) provides an assurance that the application will be 
     developed in consultation and coordination with appropriate 
     State officials, including the chief State school officer, 
     and other State agencies administering additional learning 
     time, the heads of the State health and mental health 
     agencies or their designees, teachers, parents, students, the 
     business community, and community-based organizations;
       ``(12) describes how activities and programs carried out by 
     the learning partnerships under this part will be coordinated 
     with programs under this Act, and other programs as 
     appropriate;
       ``(13) describes how the State educational agency will 
     provide a fair and transparent competition for learning 
     partnerships that apply for grant funds under section 
     4005(b);
       ``(14) provides an assurance that the State educational 
     agency in determining grant awards to learning partnerships 
     will award grants based solely on the quality of the 
     application in relationship to the needs identified by the 
     learning partnership through the needs assessment described 
     in section 4005(b)(2)(C)(i); and
       ``(15) provides for timely public notice of intent to file 
     an application and an assurance that the application will be 
     available for public review after submission.
       ``(b) Deemed Approval.--An application submitted by a State 
     educational agency pursuant to subsection (a) shall be deemed 
     to be approved by the Secretary unless the Secretary makes a 
     written determination, prior to the expiration of the 120-day 
     period beginning on the date on which the Secretary received 
     the application, that the application is not in compliance 
     with this part.
       ``(c) Disapproval.--The Secretary shall not finally 
     disapprove the application, except after giving the State 
     educational agency notice and opportunity for a hearing.
       ``(d) Notification.--If the Secretary finds that the 
     application is not in compliance, in whole or in part, with 
     this part, the Secretary shall--
       ``(1) give the State educational agency notice and an 
     opportunity for a hearing; and
       ``(2) notify the State educational agency of the finding of 
     noncompliance, and, in such notification, shall--
       ``(A) cite the specific provisions in the application that 
     are not in compliance; and
       ``(B) request additional information, only as to the 
     noncompliant provisions, needed to make the application 
     compliant.
       ``(e) Response.--If the State educational agency responds 
     to the Secretary's notification described in subsection 
     (d)(2) during the 45-day period beginning on the date on 
     which the agency received the notification, and resubmits the 
     application with the requested information described in 
     subsection (d)(2)(B), the Secretary shall approve or 
     disapprove such application prior to the later of--
       ``(1) the expiration of the 45-day period beginning on the 
     date on which the application is resubmitted; or
       ``(2) the expiration of the 120-day period described in 
     subsection (b).
       ``(f) Failure to Respond.--If the State educational agency 
     does not respond to the Secretary's notification described in 
     subsection (d)(2) during the 45-day period beginning on the 
     date on which the agency received the notification, such 
     application shall be deemed to be disapproved.

     ``SEC. 4005. LOCAL COMPETITIVE GRANT PROGRAM.

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

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

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

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

       ``(iii) the anticipated number of hours of additional 
     learning time the average and highest-need student will 
     receive, based on evidence-based attendance expectations, and 
     how the number of hours are appropriate based on the needs 
     assessment described in clause (i) and the requirements of 
     (ii);
       ``(iv) the grade or grade spans (including preschool) to be 
     served by the learning partnerships using award funds;
       ``(v) how students participating in the activities will 
     travel safely to and from the additional learning time center 
     and home, as applicable; and
       ``(vi) a description of how the learning partnership will 
     ensure that staff employed by the learning partnership will 
     coordinate to develop and implement activities described in 
     this subparagraph using, in part, the data described in 
     subparagraph (F).
       ``(D) Selection of schools.--A description of the process, 
     considerations, and criteria the learning partnership will 
     use to select schools to implement additional learning time 
     programs and activities that shall take into account the 
     priorities described in section 4005(g);
       ``(E) Facility assurance.--An assurance that the activities 
     described in subparagraph (C) will take place in a safe and 
     easily accessible facility and a description of how the 
     learning partnership will disseminate information about the 
     facility to the parents and community in a manner that is 
     understandable and accessible;
       ``(F) Data sharing.--An assurance that relevant student 
     level data will be shared within the learning partnership 
     consistent with the requirements of section 444 of the 
     General Education Provisions Act so that the activities 
     described in subparagraph (C)(i) are aligned according to 
     subparagraph (C)(ii).
       ``(G) Professional development activities.--A description 
     of how the learning partnership will provide professional 
     development to the staff employed by the learning 
     partnership.
       ``(H) Public resources.--An identification of Federal, 
     State, and local programs that will be combined or 
     coordinated with the additional learning time program to make 
     the most effective use of public resources.
       ``(I) Supplement, not supplant.--An assurance that funds 
     under this section will be used to increase the level of 
     State, local, and other non-Federal funds that would, in the 
     absence of funds under this part, be made available for 
     programs and activities authorized under this part, and in no 
     case supplant Federal, State, local, or non-Federal funds;
       ``(J) Experience.--A description of past performance and 
     record of effectiveness of the community based organization 
     within the partnership in providing the activities described 
     in subparagraph (C).
       ``(K) Continuation after federal funding.--A description of 
     a preliminary plan for how the additional learning time will 
     continue when funding under this part ends.

[[Page 2943]]

       ``(L) Capacity.--An assurance that the learning partnership 
     has the capacity to collect the data relevant to the 
     indicators described under section 4007(a)(3).
       ``(M) Notice of intent.--An assurance that the community of 
     the learning partnership will be given notice of an intent to 
     submit an application and that the application and any waiver 
     request will be available for public review after submission 
     of the application.
       ``(N) Other information and assurances.--Such other 
     information and assurances as the State educational agency 
     may reasonably require.
       ``(c) Approval of Certain Applications.--The State 
     educational agency may approve an application under this 
     section for a program to be located in a facility other than 
     an elementary school or secondary school only if the program 
     will be at least as available and accessible to the students 
     to be served as if the program were located in an elementary 
     school or secondary school.
       ``(d) Non-Federal Match.--
       ``(1) In general.--A State educational agency shall require 
     a learning partnership to match funds awarded under this 
     part, except that such match may not exceed the amount of the 
     grant award and may not be derived from other Federal funds.
       ``(2) Sliding scale.--The amount of a match under paragraph 
     (1) shall be established based on a sliding fee scale that 
     takes into account--
       ``(A) the relative poverty of the population to be targeted 
     by the learning partnership; and
       ``(B) the ability of the learning partnership to obtain 
     such matching funds.
       ``(3) In-kind contributions.--Each State educational agency 
     shall permit the community-learning partnership to provide 
     all or any portion of such match in the form of in-kind 
     contributions.
       ``(e) Peer Review.--In reviewing local applications under 
     this section, a State educational agency shall use a peer 
     review process or other methods of assuring the quality of 
     such applications.
       ``(f) Duration of Awards.--Grants under this section may be 
     awarded for a period of 5 years. Learning partnerships that 
     receive funding under this section and who operate a proven 
     and effective program based on the measures of performance 
     established in section 4004(a)(6) shall be allowed to 
     recompete in their last year of funding for an additional 5 
     year grant.
       ``(g) Priority.--In awarding grants under this part, a 
     State educational agency shall give priority to applications 
     proposing to target services to--
       ``(1) students (including preschool students) who attend 
     schools in need of support and high-priority schools; and
       ``(2) learning partnerships that propose to serve schools 
     with a high percentage or number of students that are 
     eligible for free and reduced price lunch under the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1751 et 
     seq.);

     ``SEC. 4006. LOCAL ACTIVITIES.

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

     ``SEC. 4007. REPORTING.

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

     ``SEC. 4008. DEFINITIONS.

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

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

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

       ``(I) to support innovation in teaching, in order to 
     improve the academic achievement of students aligned to the 
     school improvement plan, if applicable, especially those 
     students who may not be achieving at grade level, in reading 
     or language arts, mathematics, science, history and civics, 
     and other core academic subjects;
       ``(II) to improve the performance of all students, 
     including those students who are

[[Page 2944]]

     struggling to meet college and career ready standards or 
     State early learning standards, as appropriate, and those 
     students who already meet or exceed college and career ready 
     standards as measured by high-quality State academic 
     assessments;
       ``(III) for additional subjects and enrichment activities 
     that reflect student interest, connect to effective community 
     partners, and contribute to a well-rounded education, which 
     may include music and the arts, health education, physical 
     education, service learning, and experiential and work-based 
     learning opportunities (such as community service, learning 
     apprenticeships, internships, and job shadowing);
       ``(IV) to advance student learning by providing a learning 
     environment and supporting learning activities that engage 
     students, develop social skills, and cultivate positive 
     personal attitude; and
       ``(V) for teachers and staff in learning partnerships to 
     collaborate, and plan, within and across grades and subjects;

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

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

       ``(iv) involve a broad group of stakeholders (including 
     educators, parents, students and community partners) in 
     planning and carrying out additional learning time programs 
     and activities described in this subparagraph.
       ``(3) Environmental literacy.--The term `environmental 
     literacy' means a fundamental understanding of ecological 
     principles, the systems of the natural world, and the 
     relationships and interactions between natural and man made 
     environments.

     ``SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $1,200,000,000 for fiscal year 2016 and such sums as may 
     be necessary for each succeeding fiscal year.

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

     ``SEC. 4201. PURPOSE.

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

     ``SEC. 4202. RESERVATIONS AND ALLOTMENTS.

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

     ``SEC. 4203. STATE APPLICATIONS.

       ``(a) Application.--To receive a grant under this part, a 
     State educational agency shall submit to the Secretary an 
     application at such time and in such manner as the Secretary 
     may require, and containing the information described in 
     subsection (b).
       ``(b) Contents.--Each application submitted under 
     subsection (a) shall include the following:
       ``(1) An assurance that the State educational agency will 
     review existing resources and programs across the State and 
     coordinate any new plans and resources under this part with 
     such existing programs and resources.
       ``(2) A description of how the State educational agency 
     will identify and eliminate State barriers to the 
     coordination and integration of programs, initiatives, and 
     funding streams so that local educational agencies can 
     provide comprehensive continuums of learning supports.
       ``(3) A description of the State educational agency's 
     comprehensive school safety plan, which shall address 
     bullying and harassment, provide for evidence-based and 
     promising practices related to juvenile delinquency and 
     criminal street gang activity prevention and intervention, 
     address school-sponsored, off-premises, overnight field 
     trips, disaster preparedness, and crisis and emergency 
     management; and any other issues determined necessary by the 
     State educational agency (existing plans may be used to 
     satisfy the requirements of this section if such existing 
     plans include the information required by this section, or 
     can be modified to do so, and are submitted to the Secretary 
     with such modifications) which--
       ``(A) shall be submitted to the Secretary not later than 1 
     year after the enactment of the Student Success Act;
       ``(B) shall be developed in consultation with public safety 
     and community partners, including police, fire, emergency 
     medical services, emergency management agencies, parents, and 
     other such organizations;
       ``(C) shall be made available to the public in a manner 
     that is understandable and accessible; and
       ``(D) the State educational agency shall require all local 
     educational agencies to adopt the plan within 1 year of 
     approval (existing plans may be used to satisfy the 
     requirements of this section if such existing plans are 
     approved by the State educational agency and include the 
     information required by this section, or can be modified to 
     do so).
       ``(4) A description of how grant funds will be used to 
     identify best practices for professional development for 
     sustainable comprehensive program development.
       ``(5) A description of how the State educational agency 
     will monitor the implementation of activities under this 
     part, and provide technical assistance to local eligible 
     entities.
       ``(6) A description of how the State educational agency 
     will ensure subgrants to eligible entities will facilitate 
     school-community planning and effective service coordination, 
     integration, and provision at the local level to achieve high 
     performance standards based on the system developed in 
     paragraph (7).
       ``(7) A description of how the State educational agency 
     will develop a system for reporting and measuring eligible 
     entity performance, and assist eligible entities in 
     developing and implementing systems for measuring performance 
     based on the indicators in section 4208(a)(3).
       ``(8) An assurance that the State educational agency will 
     set up a process to allow local eligible entities who receive 
     an award under section 4206 and who operate a proven and 
     effective program based on the measures of performance 
     described in paragraph (7) to recompete in their last year of 
     funding for an additional 5-year cycle.
       ``(9) A description of the steps the State educational 
     agency will take to ensure that activities and programs 
     carried out by local eligible entities will implement 
     evidence based strategies.
       ``(10) A description of how the number of youth involved in 
     juvenile delinquency and criminal justice systems will not 
     increase as a results of activities funded under this grant.
       ``(c) Approval Process.--
       ``(1) Deemed approval.--An application submitted by a State 
     pursuant to this section shall undergo peer review by the 
     Secretary and shall be deemed to be approved by the Secretary 
     unless the Secretary makes a written determination, prior to 
     the expiration of the 120-day period beginning on the date on 
     which the Secretary received the application, that the 
     application is not in compliance with this subpart.

[[Page 2945]]

       ``(2) Disapproval.--The Secretary shall not finally 
     disapprove the application, except after giving the State 
     educational agency and the chief executive officer of the 
     State notice and an opportunity for a hearing.
       ``(3) Notification.--If the Secretary finds that the 
     application is not in compliance, in whole or in part, with 
     this subpart, the Secretary shall--
       ``(A) give the State educational agency and the chief 
     executive officer of the State notice and an opportunity for 
     a hearing; and
       ``(B) notify the State educational agency and the chief 
     executive officer of the State of the finding of 
     noncompliance, and in such notification, shall--
       ``(i) cite the specific provisions in the application that 
     are not in compliance; and
       ``(ii) request additional information, only as to the 
     noncompliant provisions, needed to make the application 
     compliant.
       ``(4) Response.--If the State educational agency and the 
     chief executive officer of the State respond to the 
     Secretary's notification described in paragraph (3)(B) during 
     the 45-day period beginning on the date on which the agency 
     received the notification, and resubmit the application with 
     the requested information described in paragraph (3)(B)(ii), 
     the Secretary shall approve or disapprove such application 
     prior to the later of--
       ``(A) the expiration of the 45-day period beginning on the 
     date on which the application is resubmitted; or
       ``(B) the expiration of the 120-day period described in 
     paragraph (1).
       ``(5) Failure to respond.--If the State educational agency 
     and the chief executive officer of the State do not respond 
     to the Secretary's notification described in paragraph (3)(B) 
     during the 45-day period beginning on the date on which the 
     agency received the notification, such application shall be 
     deemed to be disapproved.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to prohibit local educational agencies or 
     individual schools from incorporating additional elements to 
     the State-developed comprehensive school safety plan to 
     improve student and school safety reflective of the 
     individual agency or school community.

     ``SEC. 4204. STATE USE OF FUNDS.

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

     ``SEC. 4205. GENERAL SUBGRANT REQUIREMENTS.

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

     ``SEC. 4206. LOCAL ELIGIBLE ENTITY APPLICATION.

       ``(a) In General.--A local eligible entity that seeks a 
     grant under this part shall submit an application to the 
     State at such time, in such manner, and containing such 
     information as the State may require, including the 
     information described in subsection (b).
       ``(b) Contents.--An application submitted under subsection 
     (a) shall include the following:
       ``(1) The results of a comprehensive needs assessment 
     (which shall include incident data, and teacher, parent, or 
     community surveys) and assets assessment which shall include 
     a comprehensive analysis of the following--
       ``(A) the safety of the schools served by the local 
     eligible entity (which shall include a comprehensive analysis 
     of incidents and prevalence of bullying and harassment at 
     schools served by the local eligible entity);
       ``(B) the incidence and prevalence of drug, alcohol and 
     substance abuse at schools served by the local eligible 
     entity;
       ``(C) the needs of youth in the community with respect to 
     evidence-based and promising practices related to juvenile 
     delinquency and criminal street gang activity prevention and 
     intervention, including an assessment of the number of youth 
     who are involved or at-risk of involvement in juvenile 
     delinquency and criminal street gang activity and the number 
     of chronically truant youth;
       ``(D) the number of specialized instructional support 
     personnel employed by schools served by the local eligible 
     entity and the services provided by those personnel;
       ``(E) the prevalence of student health (including mental 
     health, physical fitness, and nutrition) needs at schools 
     served by the local eligible entity;
       ``(F) existing programs and services intended to provide a 
     comprehensive system of support within schools served by 
     local eligible entities, including the support of school 
     governance and leadership for the programs and services and 
     evidence of past successful collaboration in the delivery of 
     services;
       ``(G) resources available in the community, including 
     public agencies, nonprofit organizations, and community 
     businesses and employers that could be leveraged by schools 
     served by the local eligible entity to create comprehensive 
     systems of support or deliver pipeline services within the 
     schools;
       ``(H) school discipline data including in-school 
     suspensions, out-of-school suspensions, expulsion, school-
     based arrests, referrals to law enforcement, and referrals to 
     alternative schools; and
       ``(I) additional needs identified by the local eligible 
     entity.
       ``(2) A description of the methodology used in conducting 
     the needs assessment described in paragraph (1);
       ``(3) any steps that the eligible entity is taking, at the 
     time of the application, to address needs identified during 
     the needs assessment described in paragraph (1)
       ``(4) A description of the plan to implement grant funds 
     (taking into account the cultural and linguistic needs of the 
     community) which shall include the following components:
       ``(A) A description of the services (taking into account 
     the cultural and linguistic needs of the community) that will 
     be provided by the local eligible entity which shall include 
     prevention, intervention, and systematic efforts to address 
     student learning needs or pipeline services as identified and 
     prioritized by the needs assessment in paragraph (1).
       ``(B) A description of how existing resources, services, 
     and programs will be coordinated and integrated with new 
     resources, services, and programs to create a comprehensive 
     system of learning supports or pipeline services that is 
     aligned with school improvement plans required under section 
     1116, as applicable.
       ``(C) A description of the partners within the eligible 
     entity and their roles as they relate to the implementation 
     of the comprehensive system of learning supports or pipeline 
     services that will be implemented to address the needs 
     outlined in the needs and assets assessment described in 
     subsection (b)(1).
       ``(D) A description of how the grant will be used to 
     enhance administrator's, teacher's,

[[Page 2946]]

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

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

       ``A local eligible entity that receives a subgrant under 
     this part shall use such funds to carry out the following 
     activities:
       ``(1) Implement a comprehensive plan as described in 
     section 4206(b)(4).
       ``(2) Programs and activities that address the needs of the 
     schools served by the eligible entity as identified by the 
     needs and assets assessment in section 4206(b)(1), which may 
     include--
       ``(A) violence prevention programs, including--
       ``(i) programs to provide safe passage to and from school;
       ``(ii) programs to prevent and appropriately respond to 
     incidents of bullying and harassment (including professional 
     development for teachers and other school personnel);
       ``(iii) programs that promote positive school environments 
     for learning and reduce the need for suspensions, expulsions, 
     referral to law enforcement, and other practices that remove 
     students from instruction;
       ``(iv) conflict resolution and restorative practice and 
     mediation programs;
       ``(v) activities that involve families, community sectors 
     (which may include appropriately trained seniors) and a 
     variety of providers in setting clear expectations against 
     violence and appropriate consequences of violence;
       ``(vi) professional development and training for, and 
     involvement of, school personnel, specialized instructional 
     personnel, parents, and interested community members in 
     prevention, education, early identification and intervention, 
     mentoring, or rehabilitation referral, as related to violence 
     prevention;
       ``(vii) reporting criminal offenses committed on school 
     property;
       ``(viii) emergency intervention services following 
     traumatic crisis events, such as a shooting, a mass casualty 
     event, or a major accident that has disrupted the learning 
     environment;
       ``(ix) establishing and maintaining a school safety 
     hotline;
       ``(x) programs to train school personnel to identify 
     warning signs of youth suicide and to create an action plan 
     to help youth at risk of suicide; or
       ``(xi) programs that respond to the needs of students who 
     are faced with domestic violence or child abuse;
       ``(B) drug and alcohol abuse prevention programs, 
     including--
       ``(i) age appropriate and developmentally based activities 
     that--

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

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

     ``SEC. 4208. ACCOUNTABILITY AND TRANSPARENCY.

       ``(a) Local Accountability and Transparency.--On an annual 
     basis, each local eligible entity shall report to the public 
     and the State such information as the State may reasonably 
     require, including--
       ``(1) the number of students, aggregated and disaggregated 
     by subgroup as described in section 1111(c)(3)(A) who were 
     served by the programs and activities in this part;
       ``(2) the programs and services provided under this Act;
       ``(3) outcomes resulting from activities and services 
     funded under this part, aggregated and disaggregated by 
     subgroup as described in section 1111(c)(3)(A) on the 
     following indicators--
       ``(A) student academic achievement as measured by State 
     academic assessments and student growth over time as 
     described in section 1111(b)(3);
       ``(B) for diploma granting schools, graduation rates;
       ``(C) student attendance;
       ``(D) suspensions and expulsions;
       ``(E) performance on a set of other indicators that shall 
     be based on the activities and services implemented based on 
     the results of the needs assessment described in section 
     4206(b)(1) and may include--
       ``(i) the frequency, seriousness, and incidence of 
     violence, including bullying and harassment, and drug related 
     offenses resulting in suspensions and expulsions;
       ``(ii) the incidence and prevalence, age of onset, 
     perception of health risk, and perception of social 
     disapproval of drug use and violence by youth in schools and 
     communities;
       ``(iii) the safety of both the school and passage to and 
     from school, as measured by a school climate survey;
       ``(iv) as appropriate, rate of earned on-time promotion 
     from grade to grade;
       ``(v) for diploma granting schools, the percentage of 
     students taking a college preparatory curriculum, or student 
     rates of enrollment, persistence, and attainment of an 
     associate or baccalaureate degree;
       ``(vi) academic and developmental transitions, including 
     from elementary to middle school and middle school to high 
     school;
       ``(vii) referrals to school resource personnel;
       ``(viii) evidence of increased parent and family engagement 
     and support for children's learning;
       ``(ix) evidence of increased student engagement in school, 
     which may include completing of assignments and coming to 
     class prepared and on-time;
       ``(x) student health, including mental health, the number 
     and percentage of students who participate in at least 30 
     minutes of moderate to vigorous physical activity 5 days a 
     week, and the amelioration of risk factors;
       ``(F) for early childhood education and kindergarten 
     programs, the number and percentage of children who 
     demonstrate, at the beginning of the program or school year, 
     age-appropriate functioning across multiple domains of early 
     learning as determined using developmentally appropriate 
     early learning measures; and

[[Page 2947]]

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

     ``SEC. 4209. DEFINITIONS.

       ``(a) For purposes of this part--
       ``(1) Incident data.--The term `incident data' means data 
     from incident reports by school officials including, but not 
     limited to, truancy rates; the frequency, seriousness, and 
     incidence of violence and drug-related offenses resulting in 
     suspensions and expulsions; the incidence of bullying and 
     harassment, and the incidence and prevalence of drug use and 
     violence by students in schools.
       ``(2) Comprehensive system of learning supports.--The term 
     `comprehensive system of learning supports' means the 
     multifaceted, and cohesive resources, strategies, and 
     practices that provide class-room based or school-wide 
     interventions to address the academic, behavioral, emotional, 
     physical health, mental health, and social needs of students 
     and families to improve student learning, teacher instruction 
     and school management.
       ``(3) Local eligible entity.--The term `local eligible 
     entity' means a consortium consisting of community 
     representatives that--
       ``(A) shall include--
       ``(i) a local educational agency;
       ``(ii) not less than 1 other community partner 
     organization; and
       ``(B) may include a broad array of community partners, 
     including a community based organization, a child and youth 
     serving organization, an institution of higher education, an 
     Indian tribe or tribal organization (as defined in section 4 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b)), a foundation, a business, a local 
     government, including a local governmental agency serving 
     children and youth such as a child welfare and juvenile 
     justice agency; students, and parents; and may include 
     representatives from multiple jurisdictions.
       ``(4) Multi-tiered system of support.--The term `multi-
     tiered system of support' means a comprehensive system of 
     differentiated supports that includes evidence-based 
     instruction, universal screening, progress monitoring, 
     formative assessments, research-based interventions matched 
     to student needs and educational decisionmaking using student 
     outcome data.
       ``(5) Bullying.--The term `bullying'--
       ``(A) means conduct, including electronic communication, 
     that adversely affects the ability of 1 or more students to 
     participate in and benefit from the school's educational 
     programs or activities by placing the student (or students) 
     in reasonable fear of physical harm; and
       ``(B) includes conduct that is based on--
       ``(i) a student's actual or perceived--

       ``(I) race;
       ``(II) color;
       ``(III) national origin;
       ``(IV) sex;
       ``(V) disability
       ``(VI) sexual orientation;
       ``(VII) gender identity;
       ``(VIII) religion;
       ``(IX) immigration or migrant status;
       ``(X) proficiency in the English language; or
       ``(XI) state of homelessness;

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

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

       ``(ii) any other distinguishing characteristics that may be 
     defined by a State or local educational agency; or
       ``(iii) association with a person or group with 1 or more 
     of the actual or perceived characteristics listed in clause 
     (i) or (ii).
       ``(7) Juvenile delinquency and criminal street gang 
     activity prevention and intervention.--The term `juvenile 
     delinquency and criminal street gang activity prevention and 
     intervention' means the provision of programs and resources 
     to children and families who have not yet had substantial 
     contact with criminal justice or juvenile justice systems or 
     to youth who are involved in, or who are identified by 
     evidence-based risk assessment methods as being at high risk 
     of continued involvement in, juvenile delinquency or criminal 
     street gangs, that--
       ``(A) are designed to reduce potential juvenile delinquency 
     and criminal street gang activity risks; and
       ``(B) are evidence-based or promising educational, health, 
     mental health, school-based, community-based, faith-based, 
     parenting, job training, social opportunities and 
     experiences, or other programs, for youth and their families, 
     that have been demonstrated to be effective in reducing 
     juvenile delinquency and criminal street gang activity risks.
       ``(8) PROMISE coordinating councils.--The members of a 
     PROMISE Coordinating Council shall be representatives of 
     public and private sector entities and individuals that--
       ``(A) shall include, to the extent possible, at least one 
     representative from each of the following:
       ``(i) the local chief executive's office;
       ``(ii) a local educational agency;
       ``(iii) a local health agency or provider;
       ``(iv) a local mental health agency or provider, unless the 
     representative under clause (iii)) also meets the 
     requirements of this subparagraph;
       ``(v) a local public housing agency;
       ``(vi) a local law enforcement agency;
       ``(vii) a local child welfare agency;
       ``(viii) a local juvenile court;
       ``(ix) a local juvenile prosecutor's office;
       ``(x) a private juvenile residential care entity;
       ``(xi) a local juvenile public defender's office;
       ``(xii) a State juvenile correctional entity;
       ``(xiii) a local business community representative; and
       ``(xiv) a local faith-based community representative;
       ``(B) shall include two representatives from each of the 
     following:
       ``(i) parents who have minor children, and who have an 
     interest in the local juvenile or criminal justice systems;
       ``(ii) youth between the ages of 15 and 24 who reside in 
     the jurisdiction of the unit or Tribe; and
       ``(iii) members from nonprofit community-based 
     organizations that provide effective delinquency prevention 
     and intervention to youth in the jurisdiction of the eligible 
     entity; and
       ``(C) may include other members, as appropriate.
       ``(9) Specialized instructional support personnel.--The 
     term `specialized instructional support personnel' means 
     school counselors, school social workers, school 
     psychologists, school nurses, and other qualified 
     professionals involved in providing assessment, diagnosis, 
     counseling, educational, therapeutic, medical, and other 
     necessary services (including related services, as such term 
     is defined in section 602 of the Individuals with 
     Disabilities in Education Act (20 U.S.C. 1401)) as part of a 
     comprehensive program to meet student needs.
       ``(10) Pipeline services.--The term `pipeline services' 
     means a continuum of supports and services for children from 
     birth through college entry, college success, and career 
     attainment, including, at a minimum, strategies to address 
     through services or programs (including integrated student 
     supports) the following:
       ``(A) Prenatal education and support for expectant parents.
       ``(B) High-quality early learning opportunities.
       ``(C) High-quality schools and out-of-school-time programs 
     and strategies.
       ``(D) Support for a child's transition to elementary 
     school, including the administration of a comprehensive 
     school readiness assessment.
       ``(E) Support for a child's transition from elementary 
     school to middle school, from middle school to high school, 
     and from high school into and through college or into the 
     workforce.
       ``(F) Family and community engagement.
       ``(G) Family and student supports.
       ``(H) Activities that support college and career readiness, 
     including coordination between such activities, such as--
       ``(i) assistance with college admissions, financial aid, 
     and scholarship applications, especially for low-income and 
     low-achieving students; and
       ``(ii) career preparation services and supports.
       ``(I) Neighborhood-based support for college-age students 
     who have attended the schools in the pipeline, or students 
     who are members of the community, facilitating their 
     continued connection to the community and success in college 
     and the workforce.

[[Page 2948]]



     ``SEC. 4210. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $350,000,000 for fiscal year 2016 and such sums as may 
     be necessary for each succeeding fiscal year.

                ``Part C--Full-Service Community Schools

     ``SEC. 4301. SHORT TITLE.

       ``This part may be cited as the `Full-Service Community 
     Schools Act of 2015'.

     ``SEC. 4302. PURPOSES.

       ``The purposes of this part are the following:
       ``(1) Improving student learning and development by 
     providing supports for students that enable them to graduate 
     college- and career-ready.
       ``(2) Providing support for the planning, implementation, 
     and operation of full-service community schools.
       ``(3) Improving the coordination and integration, 
     accessibility, and effectiveness of services for children and 
     families, particularly for students attending high-poverty 
     schools, including high-poverty rural schools.
       ``(4) Enabling educators and school personnel to complement 
     and enrich efforts to improve academic achievement and other 
     results.
       ``(5) Ensuring that children have the physical, social, and 
     emotional well-being to come to school ready to engage in the 
     learning process every day.
       ``(6) Promoting and enabling family and community 
     engagement in the education of children.
       ``(7) Enabling more efficient use of Federal, State, local, 
     and private sector resources that serve children and 
     families.
       ``(8) Facilitating the coordination and integration of 
     programs and services operated by community-based 
     organizations, nonprofit organizations, and State, local, and 
     tribal governments.
       ``(9) Engaging students as resources to their communities.
       ``(10) Engaging the business community and other community 
     organizations as partners in the development and operation of 
     full-service community schools.

     ``SEC. 4303. DEFINITION.

       ``In this part, the term `full-service community school' 
     means a public elementary or secondary school that--
       ``(1) participates in a community-based effort to 
     coordinate and integrate educational, developmental, family, 
     health, and other comprehensive services through community-
     based organizations and public and private partnerships; and
       ``(2) provides access to such services to students, 
     families, and the community, such as access during the school 
     year (including before- and after-school hours and weekends), 
     as well as during the summer.

     ``SEC. 4304. LOCAL PROGRAMS.

       ``(a) Grants.--The Secretary may award grants to eligible 
     entities to assist public elementary or secondary schools to 
     function as full-service community schools.
       ``(b) Use of Funds.--Grants awarded under this section 
     shall be used to--
       ``(1) coordinate not less than 3 existing qualified 
     services and provide not less than 2 additional qualified 
     services at 2 or more public elementary or secondary schools;
       ``(2) integrate multiple services into a comprehensive, 
     coordinated continuum supported by research-based activities 
     which achieve the performance goals established under 
     subsection (c)(4)(E) to meet the holistic needs of young 
     people; and
       ``(3) if applicable, coordinate and integrate services 
     provided by community-based organizations and government 
     agencies with services provided by specialized instructional 
     support personnel.
       ``(c) Application.--To seek a grant under this section, an 
     eligible entity shall submit an application to the Secretary 
     at such time and in such manner as the Secretary may require. 
     The Secretary shall require that each such application 
     include the following:
       ``(1) A description of the eligible entity.
       ``(2) A memorandum of understanding among all partner 
     entities that will assist the eligible entity to coordinate 
     and provide qualified services and that describes the roles 
     the partner entities will assume.
       ``(3) A description of the capacity of the eligible entity 
     to coordinate and provide qualified services at 2 or more 
     full-service community schools.
       ``(4) A comprehensive plan that includes descriptions of 
     the following:
       ``(A) The student, family, and school community to be 
     served, including information about demographic 
     characteristics that include major racial and ethnic groups, 
     median family income, percent of students eligible for free- 
     and reduced-price lunch, and other information.
       ``(B) A needs assessment that identifies the academic, 
     physical, social, emotional, health, mental health, and other 
     needs of students, families, and community residents.
       ``(C) A community assets assessment which identifies 
     existing resources which could be aligned.
       ``(D) The most appropriate metric to describe the plan's 
     reach within a community using either--
       ``(i) the number of families and students to be served, and 
     the frequency of services; or
       ``(ii) the proportion of families and students to be 
     served, and the frequency of services.
       ``(E) Yearly measurable performance goals, including an 
     increase in the percentage of families and students targeted 
     for services each year of the program, which are consistent 
     with the following objectives:
       ``(i) Children are ready for school.
       ``(ii) Students are engaged and achieving academically.
       ``(iii) Students are physically, mentally, socially, and 
     emotionally healthy.
       ``(iv) Schools and neighborhoods are safe and provide a 
     positive climate for learning that is free from bullying or 
     harassment.
       ``(v) Families are supportive and engaged in their 
     children's education.
       ``(vi) Students and families are prepared for postsecondary 
     education and 21st century careers.
       ``(vii) Students are contributing to their communities.
       ``(F) Performance measures to monitor progress toward 
     attainment of the goals established under subparagraph (E), 
     including a combination of the following, to the extent 
     applicable:
       ``(i) Multiple objective measures of student achievement, 
     including assessments, classroom grades, and other means of 
     assessing student performance.
       ``(ii) Attendance (including absences related to illness 
     and truancy) and chronic absenteeism rates.
       ``(iii) Disciplinary actions against students, including 
     suspensions and expulsions.
       ``(iv) Access to health care and treatment of illnesses 
     demonstrated to impact academic achievement.
       ``(v) Performance in making progress toward intervention 
     services goals as established by specialized instructional 
     support personnel.
       ``(vi) Participation rates by parents and family members in 
     school-sanctioned activities and activities that occur as a 
     result of community and school collaboration, as well as 
     activities intended to support adult education and workforce 
     development.
       ``(vii) Number and percentage of students and family 
     members provided services under this part.
       ``(viii) Valid measures of postsecondary education and 
     career readiness.
       ``(ix) Service-learning and community service participation 
     rates.
       ``(x) student satisfaction surveys.
       ``(G) Qualified services, including existing and additional 
     qualified services, to be coordinated and provided by the 
     eligible entity and its partner entities, including an 
     explanation of--
       ``(i) why such services have been selected;
       ``(ii) how such services will improve student academic 
     achievement; and
       ``(iii) how such services will address performance goals 
     established under subparagraph (E).
       ``(H) Plans to ensure that each site has full-time 
     coordination of qualified services at each full-service 
     community school, including coordination with existing 
     specialized instructional support personnel.
       ``(I) Planning, coordination, management, and oversight of 
     qualified services at each school to be served, including the 
     role of the school principal, partner entities, parents, and 
     members of the community.
       ``(J) Funding sources for qualified services to be 
     coordinated and provided at each school to be served, whether 
     such funding is derived from a grant under this section or 
     from other Federal, State, local, or private sources.
       ``(K) Plans for professional development for personnel 
     managing, coordinating, or delivering qualified services at 
     the schools to be served.
       ``(L) Plans for joint utilization and maintenance of school 
     facilities by the eligible entity and its partner entities.
       ``(M) How the eligible entity and its partner entities will 
     focus services on schools eligible for a schoolwide program 
     under section 1114.
       ``(N) Plans for periodic evaluation based upon attainment 
     of the performance measures described in subparagraph (F).
       ``(O) How the qualified services will meet the principles 
     of effectiveness described in subsection (d).
       ``(5) A plan for sustaining the programs and services 
     outlined in this part.
       ``(d) Principles of Effectiveness.--For a program developed 
     pursuant to this section to meet principles of effectiveness, 
     such program shall be based upon--
       ``(1) an assessment of objective data regarding the need 
     for the establishment of a full-service community school and 
     qualified services at each school to be served and in the 
     community involved;
       ``(2) an established set of performance measures aimed at 
     ensuring the availability and effectiveness of high-quality 
     services; and
       ``(3) if appropriate, scientifically based research that 
     provides evidence that the qualified services involved will 
     help students meet State and local student academic 
     achievement standards.
       ``(e) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to eligible entities that--
       ``(1)(A) will serve a minimum of 2 or more full-service 
     community schools eligible for a

[[Page 2949]]

     schoolwide program under section 1114, as part of a 
     community- or district-wide strategy; or
       ``(B) include a local educational agency that satisfies the 
     requirements of--
       ``(i) subparagraph (A) or (B) of section 6211(b)(1); or
       ``(ii) subparagraphs (A) and (B) of section 6221(b)(1); and
       ``(2) will be connected to a consortium comprised of a 
     broad representation of stakeholders, or a consortium 
     demonstrating a history of effectiveness.
       ``(f) Grant Period.--Each grant awarded under this section 
     shall be for a period of 5 years and may be renewed at the 
     discretion of the Secretary based on the eligible entity's 
     demonstrated effectiveness in meeting the performance goals 
     and measures established under subparagraphs (E) and (F) of 
     subsection (c)(4).
       ``(g) Planning.--The Secretary may authorize an eligible 
     entity to use grant funds under this section for planning 
     purposes in an amount not greater than 10 percent of the 
     total grant amount.
       ``(h) Minimum Amount.--The Secretary may not award a grant 
     to an eligible entity under this section in an amount that is 
     less than $75,000 for each year of the 5-year grant period.
       ``(i) Definitions.--In this section--
       ``(1) the term `additional qualified services' means 
     qualified services directly funded under this part;
       ``(2) the term `eligible entity' means a consortium of 1 or 
     more local educational agencies and 1 or more community-based 
     organizations, nonprofit organizations, or other public or 
     private entities;
       ``(3) the term `existing qualified services' means 
     qualified services already being financed, as of the time of 
     the application, by Federal, State, local or private sources, 
     or volunteer activities being supported as of such time by 
     civic, business, faith-based, social, and other similar 
     organizations; and
       ``(4) the term `qualified services' means any of the 
     following:
       ``(A) Early childhood education.
       ``(B) Remedial education activities and enrichment 
     activities, including expanded learning time.
       ``(C) Summer or after-school enrichment and learning 
     experiences.
       ``(D) Programs under the Head Start Act, including Early 
     Head Start programs.
       ``(E) Nurse home visitation services.
       ``(F) Teacher home visiting.
       ``(G) Programs that promote parental involvement and family 
     literacy, including the Reading First and Early Reading First 
     programs authorized under part B of title I.
       ``(H) Mentoring and other youth development programs, 
     including peer mentoring and conflict mediation.
       ``(I) Parent leadership development activities.
       ``(J) Parenting education activities.
       ``(K) Child care services.
       ``(L) Community service and service-learning opportunities.
       ``(M) Developmentally appropriate physical education.
       ``(N) Programs that provide assistance to students who have 
     been truant, suspended, or expelled.
       ``(O) Job training, internship opportunities, and career 
     counseling services.
       ``(P) Nutrition services.
       ``(Q) Primary health and dental care.
       ``(R) Mental health counseling services.
       ``(S) Adult education, including instruction in English as 
     a second language.
       ``(T) Juvenile crime prevention and rehabilitation 
     programs.
       ``(U) Specialized instructional support services.
       ``(V) Homeless prevention services.
       ``(W) Other services consistent with this part.

     ``SEC. 4305. STATE PROGRAMS.

       ``(a) Grants.--The Secretary may award grants to State 
     collaboratives to support the development of full-service 
     community school programs in accordance with this section.
       ``(b) Use of Funds.--Grants awarded under this section 
     shall be used only for the following:
       ``(1) Developing a State comprehensive results and 
     indicators framework to implement full-service community 
     schools, consistent with performance goals described in 
     section 4304(c)(4)(E).
       ``(2) Planning, coordinating, and expanding the development 
     of full-service community schools in the State, particularly 
     schools in high-poverty local educational agencies, including 
     high-poverty rural local educational agencies.
       ``(3) Providing technical assistance and training for full-
     service community schools, including professional development 
     for personnel and creation of data collection and evaluation 
     systems.
       ``(4) Collecting, evaluating, and reporting data about the 
     progress of full-service community schools.
       ``(5) Evaluating the impact of State and Federal policies 
     and guidelines on the ability of eligible entities (as 
     defined in section 4304(i)) to integrate Federal and State 
     programs at full-service community schools, and taking action 
     to make necessary changes.
       ``(c) Application.--To seek a grant under this section, a 
     State collaborative shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require. The Secretary shall require that each such 
     application include the following:
       ``(1) A memorandum of understanding among all governmental 
     agencies and nonprofit organizations that will participate as 
     members of the State collaborative.
       ``(2) A description of the expertise of each member of the 
     State collaborative--
       ``(A) in coordinating Federal and State programs across 
     multiple agencies;
       ``(B) in working with and developing the capacity of full-
     service community schools; and
       ``(C) in working with high-poverty schools or rural schools 
     and local educational agencies.
       ``(3) A comprehensive plan describing how the grant will be 
     used to plan, coordinate, and expand the delivery of services 
     at full-service community schools.
       ``(4) A comprehensive accountability plan that will be used 
     to demonstrate effectiveness, including the measurable 
     performance goals of the program and performance measures to 
     monitor progress and assess services' impact on students and 
     families and academic achievement.
       ``(5) An explanation of how the State collaborative will 
     work to ensure State policies and guidelines can support the 
     development of full-service community schools, as well as 
     provide technical assistance and training, including 
     professional development, for full-service community schools.
       ``(6) An explanation of how the State will collect and 
     evaluate information on full-service community schools.
       ``(d) Grant Period.--Each grant awarded under this section 
     shall be for a period of 5 years.
       ``(e) Minimum Amount.--The Secretary may not award a grant 
     to a State collaborative under this section in an amount that 
     is less than $500,000 for each year of the 5-year grant 
     period.
       ``(f) Definitions.--For purposes of this section--
       ``(1) the term `State' includes the several States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     Commonwealth of the Northern Mariana Islands, American Samoa, 
     Guam, the United States Virgin Islands, and any other 
     territory or possession of the United States; and
       ``(2) the term `State collaborative' means a collaborative 
     of a State educational agency and not less than 2 other 
     governmental agencies or nonprofit organizations that provide 
     services to children and families.

     ``SEC. 4306. ADVISORY COMMITTEE.

       ``(a) Establishment.--There is hereby established an 
     advisory committee to be known as the `Full-Service Community 
     Schools Advisory Committee' (in this section referred to as 
     the `Advisory Committee').
       ``(b) Duties.--Subject to subsection (c), the Advisory 
     Committee shall--
       ``(1) consult with the Secretary on the development and 
     implementation of programs under this part;
       ``(2) identify strategies to improve the coordination of 
     Federal programs in support of full-service community 
     schools; and
       ``(3) issue an annual report to the Congress on efforts 
     under this part, including a description of--
       ``(A) the results of local and national evaluations of such 
     efforts; and
       ``(B) the scope of services being coordinated under this 
     part.
       ``(c) Consultation.--In carrying out its duties under this 
     section, the Advisory Committee shall consult annually with 
     eligible entities awarded grants under section 4304, State 
     collaboratives awarded grants under section 4305, and other 
     entities with expertise in operating full-service community 
     schools.
       ``(d) Members.--The Advisory Committee shall consist of 5 
     members as follows:
       ``(1) The Secretary of Education (or the Secretary's 
     delegate).
       ``(2) The Attorney General of the United States (or the 
     Attorney General's delegate).
       ``(3) The Secretary of Agriculture (or the Secretary's 
     delegate).
       ``(4) The Secretary of Health and Human Services (or the 
     Secretary's delegate).
       ``(5) The Secretary of Labor (or the Secretary's delegate).

     ``SEC. 4307. GENERAL PROVISIONS.

       ``(a) Technical Assistance.--The Secretary, directly or 
     through grants, shall provide such technical assistance as 
     may be appropriate to accomplish the purposes of this part.
       ``(b) Evaluations by Secretary.--The Secretary shall 
     conduct evaluations on the effectiveness of grants under 
     sections 4304 and 4305 in achieving the purposes of this 
     part.
       ``(c) Evaluations by Grantees.--The Secretary shall require 
     each recipient of a grant under this part--
       ``(1) to conduct periodic evaluations of the progress 
     achieved with the grant toward achieving the purposes of this 
     part;
       ``(2) to use such evaluations to refine and improve 
     activities conducted with the grant and the performance 
     measures for such activities; and

[[Page 2950]]

       ``(3) to make the results of such evaluations publicly 
     available, including by providing public notice of such 
     availability.
       ``(d) Construction Clause.--Nothing in this part shall be 
     construed to alter or otherwise affect the rights, remedies, 
     and procedures afforded school or school district employees 
     under Federal, State, or local laws (including applicable 
     regulations or court orders) or under the terms of collective 
     bargaining agreements, memoranda of understanding, or other 
     agreements between such employees and their employers.
       ``(e) Supplement, Not Supplant.--Funds made available to a 
     grantee under this part may be used only to supplement, and 
     not supplant, any other Federal, State, or local funds that 
     would otherwise be available to carry out the activities 
     assisted under this part.
       ``(f) Matching Funds.--
       ``(1) In general.--The Secretary shall require each 
     recipient of a grant under this part to provide matching 
     funds from non-Federal sources in an amount determined under 
     paragraph (2).
       ``(2) Determination of amount of match.--
       ``(A) Sliding scale.--Subject to subparagraph (B), the 
     Secretary shall determine the amount of matching funds to be 
     required of a grantee under this subsection based on a 
     sliding fee scale that takes into account--
       ``(i) the relative poverty of the population to be targeted 
     by the grantee; and
       ``(ii) the ability of the grantee to obtain such matching 
     funds.
       ``(B) Maximum amount.--The Secretary may not require any 
     grantee under this section to provide matching funds in an 
     amount that exceeds the amount of the grant award.
       ``(3) In-kind contributions.--The Secretary shall permit 
     grantees under this section to match funds in whole or in 
     part with in-kind contributions.
       ``(4) Consideration.--Notwithstanding this subsection, the 
     Secretary shall not consider an applicant's ability to match 
     funds when determining which applicants will receive grants 
     under this part.
       ``(g) Special Rule.--Entities receiving funds under this 
     part shall comply with all existing Federal statutes that 
     prohibit discrimination.

     ``SEC. 4308. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out this part such sums as may be necessary for each 
     of fiscal years 2016 through 2020.
       ``(b) Allocation.--Of the amounts appropriated to carry out 
     this part for each fiscal year--
       ``(1) 85 percent shall be for section 4304, and of the 
     funds allocated for new grants under such section, at least 
     10 percent shall be made available for local educational 
     agencies that satisfy the requirements of--
       ``(A) subparagraph (A) or (B) of section 6211(b)(1); or
       ``(B) subparagraphs (A) and (B) of section 6221(b)(1);
       ``(2) 10 percent shall be for section 4305; and
       ``(3) 5 percent shall be for subsections (a) and (b) of 
     section 4307, of which not less than $500,000 shall be for 
     technical assistance under section 4307(a).

                      ``Part D--General Provisions

     ``SEC. 4401. PROHIBITED USE OF FUNDS.

       ``No funds under this title may be used for--
       ``(1) the development, establishment, implementation, or 
     enforcement of zero-tolerance school discipline policies 
     unless otherwise required by Federal law; and
       ``(2) law enforcement agencies or local police departments 
     serving a school or local educational agency--
       ``(A) with substantial documented excesses or racial 
     disparities in the use of exclusionary discipline;
       ``(B) operating under an open school desegregation order, 
     whether court ordered or voluntary;
       ``(C) operating under a pattern or practice consent decree 
     for civil rights violations; or
       ``(D) already receiving substantial Federal funds for the 
     placement of law enforcement in schools.''.

          TITLE V--WELL-ROUNDED STUDENTS AND ENGAGED FAMILIES

                   Subtitle A--Public Charter Schools

     SEC. 501. SUBPART HEADING; PURPOSE.

       (a) Subpart Heading.--The heading for subpart 1 of part B 
     of title V (20 U.S.C. 7221 et seq.) is amended to read as 
     follows: ``Charter School Program''.
       (b) Purpose.--Section 5201 (20 U.S.C. 7221) is amended to 
     read as follows:

     ``SEC. 5201. PURPOSE.

       ``It is the purpose of this subpart to--
       ``(1) 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;
       ``(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. 502. PROGRAM AUTHORIZED.

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

     ``SEC. 5202. PROGRAM AUTHORIZED.

       ``(a) In General.--This subpart authorizes the Secretary to 
     carry out a charter school 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 5211 for a fiscal year, the Secretary shall--
       ``(1) reserve 12.5 percent to support charter school 
     facilities assistance under section 5204;
       ``(2) reserve not more than 10 percent to carry out 
     national activities under section 5205; and
       ``(3) use the remaining amount after the Secretary reserves 
     funds under paragraphs (1) and (2) to carry out section 5203.
       ``(c) Prior Grants and Subgrants.--The recipient of a grant 
     or subgrant under this subpart or subpart 2, as such subpart 
     was in effect on the day before the date of enactment of the 
     Student Success Act, shall continue to receive funds in 
     accordance with the terms and conditions of such grant or 
     subgrant.
       ``(d) GAO Report.--Not later than 3 years after the date of 
     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 
     5203(b)(1)(C) is appropriate; and
       ``(2) if determined not to be appropriate, makes 
     recommendations on the appropriate reservation of funding for 
     such administrative costs.''.

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

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

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

       ``(a) In General.--From the amount reserved under section 
     5202(b)(3), the Secretary shall award grants to State 
     entities having applications approved pursuant to subsection 
     (f) to enable such entities to--
       ``(1) award subgrants to eligible applicants for 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.

[[Page 2951]]

       ``(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 5210(1)(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 5211--
       ``(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 any such requirement relating 
     to the elements of a charter school described in section 
     5210(1), 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 purpose 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 5210(8) 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 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 student 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 5210(1); 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 core 
     academic subjects, and science, technology, engineering, and 
     math education, including computer science;
       ``(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;
       ``(xiv) in the case of a State entity defined in subsection 
     (i)(4), will work with the State to provide assistance to 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 
     eligible applicants, partner organizations, and management 
     organizations, including the administrative and contractual 
     roles and responsibilities;
       ``(II) a description of the quality controls agreed to 
     between the eligible applicant and the authorized public 
     chartering agency involved, as described in section 
     1111(d)(1)(I);
       ``(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 receiving 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;

[[Page 2952]]

       ``(D) in the case of an 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 charter school in 
     recruiting, enrolling, and meeting the needs of all students, 
     including students with disabilities and English learners; 
     and
       ``(ii) ensures that each 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 paragraph (2)(B); 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 
     decision-making about the public school system in the State; 
     and
       ``(G) The State entity will ensure that each charter school 
     in the State makes publicly available, consistent with the 
     dissemination requirements of the annual State report card, 
     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(c)(3)(A); and
       ``(iv) any other information the State requires all other 
     public schools to report for purposes of section 1111(i)(1).
       ``(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, 
     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 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 
     necessary waivers where applicable.
       ``(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) In the case of a State entity located in a State that 
     allows an entity other than a local educational agency to be 
     an authorized public chartering agency, the State has a 
     quality authorized public chartering agency that is an entity 
     other than a local educational agency.
       ``(B) The State entity is located in a State that ensures 
     equitable financing, as compared to traditional public 
     schools, for charter schools and students in a prompt manner.
       ``(C) The State entity is located in a State that uses 
     charter schools and best practices from charter schools to 
     help improve struggling schools and local educational 
     agencies.
       ``(D) 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.
       ``(E) The State entity supports charter schools that 
     support at-risk students through activities such as dropout 
     prevention, dropout recovery, or comprehensive career 
     counseling practices.
       ``(F) The State entity authorizes all charter schools in 
     the State to serve as school food authorities.
       ``(G) The State entity has taken steps to ensure that all 
     authorizing public chartering agencies implement quality 
     standards as described in section 1111(d)(1)(I).
       ``(g) Local Uses of Funds.--An eligible applicant receiving 
     a subgrant under this section shall use such funds to carry 
     out activities 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) 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.
       ``(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. 504. FACILITIES FINANCING ASSISTANCE.

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

[[Page 2953]]



     ``SEC. 5204. FACILITIES FINANCING ASSISTANCE.

       ``(a) Grants to Eligible Entities.--
       ``(1) In general.--From the amount reserved under section 
     5202(b)(1), the Secretary shall 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 this section;
       ``(E) a description of how the eligible entity possesses 
     sufficient expertise in education to evaluate the likelihood 
     of success of a charter school program for which facilities 
     financing is sought; and
       ``(F) in the case of an application submitted by a State 
     governmental entity, a description of the actions that the 
     entity has taken, or will take, to ensure that charter 
     schools within the State receive the funding the charter 
     schools need to have adequate facilities.
       ``(e) Charter School Objectives.--An eligible entity 
     receiving a grant under this section shall use the funds 
     deposited in the reserve account established under subsection 
     (f) to assist one or more charter schools to access private 
     sector capital to accomplish one or more of the following 
     objectives:
       ``(1) The acquisition (by purchase, lease, donation, or 
     otherwise) of an interest (including an interest held by a 
     third party for the benefit of a charter school) in improved 
     or unimproved real property that is necessary to commence or 
     continue the operation of a charter school.
       ``(2) The construction of new facilities, or the 
     renovation, repair, or alteration of existing facilities, 
     necessary to commence or continue the operation of a charter 
     school.
       ``(3) The predevelopment costs required to assess sites for 
     purposes of paragraph (1) or (2) and 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 this section and 
     deposited in the reserve account established under paragraph 
     (1) shall be invested in obligations issued or guaranteed by 
     the United States or a State, or in other similarly low-risk 
     securities.
       ``(3) Reinvestment of earnings.--Any earnings on funds 
     received under subsection (a) shall be deposited in the 
     reserve account established under paragraph (1) and used in 
     accordance with such 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.
       ``(B) Contents.--Each annual report submitted under 
     subparagraph (A) shall include--
       ``(i) a copy of the most recent financial statements, and 
     any accompanying opinion on such statements, prepared by the 
     independent public accountant reviewing the financial records 
     of the eligible entity;
       ``(ii) a copy of any report made on an audit of the 
     financial records of the eligible entity that was conducted 
     under paragraph (1) during the reporting period;
       ``(iii) an evaluation by the eligible entity of the 
     effectiveness of its use of the Federal funds provided under 
     subsection (a) in leveraging private funds;
       ``(iv) a listing and description of the charter schools 
     served during the reporting period, including the amount of 
     funds used by each school, the type of project facilitated by 
     the grant, and the type of assistance provided to the charter 
     schools;
       ``(v) a description of the activities carried out by the 
     eligible entity to assist charter schools in meeting the 
     objectives set forth in subsection (e); and
       ``(vi) a description of the characteristics of lenders and 
     other financial institutions participating in the activities 
     undertaken by the eligible entity under this section 
     (excluding subsection (k)) during the reporting period.
       ``(C) Secretarial report.--The Secretary shall review the 
     reports submitted under subparagraph (A) and shall provide a 
     comprehensive annual report to Congress on the activities 
     conducted under this section (excluding subsection (k)).
       ``(i) No Full Faith and Credit for Grantee Obligation.--No 
     financial obligation of an eligible entity entered into 
     pursuant to this section (such as an obligation under a 
     guarantee, bond, note, evidence of debt, or loan) shall be an 
     obligation of, or guaranteed in any respect by, the United 
     States. The full faith and credit of the United States is not 
     pledged to the payment of funds which may be required to be 
     paid under any obligation made by an eligible entity pursuant 
     to any provision of this section.
       ``(j) Recovery of Funds.--
       ``(1) In general.--The Secretary, in accordance with 
     chapter 37 of title 31, United States Code, shall collect--
       ``(A) all of the funds in a reserve account established by 
     an eligible entity under subsection (f)(1) if the Secretary 
     determines, not earlier than 2 years after the date on which 
     the eligible entity first received funds under this section 
     (excluding subsection (k)), that the eligible entity has 
     failed to make substantial progress in carrying out the 
     purposes described in subsection (f)(1); or
       ``(B) all or a portion of the funds in a reserve account 
     established by an eligible entity under subsection (f)(1) if 
     the Secretary determines that the eligible entity has 
     permanently ceased to use all or a portion of the funds in 
     such account to accomplish any purpose described in 
     subsection (f)(1).
       ``(2) Exercise of authority.--The Secretary shall not 
     exercise the authority provided in paragraph (1) to collect 
     from any eligible entity any funds that are being properly 
     used to achieve one or more of the purposes described in 
     subsection (f)(1).
       ``(3)  Procedures.--The provisions of sections 451, 452, 
     and 458 of the General Education Provisions Act (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

[[Page 2954]]

     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 5202(b)(1) 
     remaining after the Secretary makes grants under subsection 
     (a), the Secretary shall make grants, on a competitive basis, 
     to States to pay for the Federal share of the cost of 
     establishing or enhancing, and administering per-pupil 
     facilities aid programs.
       ``(B) Period.--The Secretary shall award grants under this 
     subsection for periods of not more than 5 years.
       ``(C) Federal share.--The Federal share of the cost 
     described in subparagraph (A) for a per-pupil facilities aid 
     program shall be not more than--
       ``(i) 90 percent of the cost, for the first fiscal year for 
     which the program receives assistance under this subsection;
       ``(ii) 80 percent in the second such year;
       ``(iii) 60 percent in the third such year;
       ``(iv) 40 percent in the fourth such year; and
       ``(v) 20 percent in the fifth such year.
       ``(D) State share.--A State receiving a grant under this 
     subsection may partner with 1 or more organizations to 
     provide up to 50 percent of the State share of the cost of 
     establishing or enhancing, and administering the per-pupil 
     facilities aid program.
       ``(E) Multiple grants.--A State may receive more than 1 
     grant under this subsection, so long as the amount of such 
     funds 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. 505. NATIONAL ACTIVITIES.

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

     ``SEC. 5205. NATIONAL ACTIVITIES.

       ``(a) In General.--From the amount reserved under section 
     5202(b)(2), the Secretary shall--
       ``(1) use not less than 75 percent of such funds to award 
     grants in accordance with subsection (b); and
       ``(2) use not more than 25 percent of such funds to--
       ``(A) provide technical assistance to State entities in 
     awarding subgrants under section 5203, and eligible entities 
     and States receiving grants under section 5204;
       ``(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 5202(a)(1), 
     subparagraphs (A) through (C) of section 5203(a)(1), and 
     section 5203(g).
       ``(2) Terms and conditions.--Except as otherwise provided 
     in this subsection, grants awarded under this subsection 
     shall have the same terms and conditions as grants awarded to 
     State entities under section 5203.
       ``(3) Charter management organizations.--The Secretary 
     shall--
       ``(A) use not less than 75 percent of the funds described 
     in subsection (a)(1) to make grants, on a competitive basis, 
     to eligible applicants described in paragraph (4)(B) except 
     that no eligible applicant, including any applicant acting as 
     lead fiscal agent if applying in consortium for a grant under 
     this paragraph, may operate more than one active grant at a 
     time; and
       ``(B) notwithstanding paragraphs (1)(A) and (2) of section 
     5203(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), 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 5210) that--
       ``(A) desires to open a charter school in--
       ``(i) a State that did not apply for a grant under section 
     5203; or
       ``(ii) a State that did not receive a grant under section 
     5203; 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. 506. RECORDS TRANSFER.

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

     SEC. 507. DEFINITIONS.

       Section 5210 (20 U.S.C. 7221i) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) 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;

[[Page 2955]]

       ``(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.'';
       (2) by redesignating paragraphs (2) through (4) as 
     paragraphs (4) through (6), respectively;
       (3) by inserting after paragraph (1), the following:
       ``(2) Charter management organization.--The term `charter 
     management organization' means a not-for-profit organization 
     that manages a network of charter schools linked by 
     centralized support, operations, and oversight.
       ``(3) 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.'';
       (4) in paragraph (5)(B), as so redesignated, by striking 
     ``under section 5203(d)(3)''; and
       (5) by adding at the end the following:
       ``(7) 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.
       ``(8) High-quality charter school.--The term `high-quality 
     charter school' means a charter school that--
       ``(A) shows evidence of strong academic results, which may 
     include strong 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)(2)(C)(v)(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.
       ``(9) 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.''.

     SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

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

     ``SEC. 5211. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart $300,000,000 for fiscal year 2016 and each of the 5 
     succeeding fiscal years.''.

     SEC. 509. CONFORMING AMENDMENTS.

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

                 ``Subpart 1--Charter School Program'';

       (2) by striking the item relating to section 5203 and 
     inserting the following:

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

``Sec. 5204. Facilities financing assistance.''; and
       (4) by striking the items relating to subpart 2 of part B 
     of title V.

                       Subtitle B--Magnet Schools

     SEC. 510. DURATION OF AWARD; ACCOUNTABILITY.

       Section 5309 (20 U.S.C. 7231h) is amended--
       (1) in the heading by inserting ``; accountability'';
       (2) in subsection (a), by striking ``3'' and inserting 
     ``5''; and
       (3) by adding at the end the following:
       ``(e) Accountability.--The Secretary may reduce grant 
     funding awarded to a local educational agency, or a 
     consortium of such agencies, under this part if the agency or 
     consortium does not show progress in the elimination, 
     reduction, or prevention of minority group isolation in its 
     magnet school program over the first 3-year period during 
     which the agency or consortium was awarded such grant.''.

     SEC. 511. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

       Section 5311(a) (20 U.S.C. 7231j(a)) is amended by striking 
     ``$125,000,000 for fiscal year 2002'' and inserting 
     ``$300,000,000 for fiscal year 2016''.

           Subtitle C--Fund for the Improvement of Education

     SEC. 512. FUND FOR THE IMPROVEMENT OF EDUCATION.

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

                   ``Part D--A Well-rounded Education

             ``Subpart 1--Grants to Support STEM Education

     ``SEC. 5401. PURPOSE.

       ``The purpose of this subpart is to improve student 
     academic achievement in STEM subjects by--
       ``(1) improving instruction in such subjects from preschool 
     through grade 12;
       ``(2) improving student engagement in, and increasing 
     student access to, courses in such subjects;
       ``(3) improving the quality and effectiveness of classroom 
     instruction by recruiting, training, and supporting effective 
     teachers and providing robust tools and supports for students 
     and teachers in such subjects;
       ``(4) implementing and integrating college and career ready 
     standards, described in section 1111(b)(2), in STEM subjects 
     and assessments aligned with those standards;
       ``(5) closing student achievement gaps, and preparing more 
     students for postsecondary education and careers, in such 
     subjects, particularly students who are traditionally 
     underrepresented in STEM subject fields; and
       ``(6) Recognizing that STEM subjects are diverse and that 
     STEM education programs must expose students to content and 
     skills in a host of constantly changing and evolving content 
     areas.

     ``SEC. 5402. GRANTS; ALLOTMENTS.

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

[[Page 2956]]

     a fiscal year, the Secretary shall reallot the amount of the 
     State's allotment to the remaining States in accordance with 
     this subsection.

     ``SEC. 5403. APPLICATIONS.

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

     ``SEC. 5404. AUTHORIZED ACTIVITIES.

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

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

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

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

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

[[Page 2957]]

     achievement in identified subjects, through--

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

       ``(iii) activities to--

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

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

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

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

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

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

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

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

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

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

     ``SEC. 5405. NATIONAL COORDINATION.

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

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

       ``(a) Grants Authorized.--From the funds reserved under 
     section 5402(a)(1)(A), the Secretary shall award 1 or more 
     grants, on a competitive basis, to entities described in 
     subsection (b)(1) to enable such entities to establish and 
     operate a one-time STEM master teacher corps program.
       ``(b) Stem Master Teacher Corps.--The term `STEM master 
     teacher corps' (referred to in this section as the `corps') 
     means a one-time program--
       ``(1) that establishes the viability of creating a long-
     term national-level master teacher corps as a means to 
     recognize and reward accomplished STEM educators;
       ``(2) operated by 1 or more State educational agencies, or 
     a consortium of local educational agencies, acting in 
     partnership with 1 or more outside partners that have a 
     demonstrated record of success in improving the effectiveness 
     of STEM teachers or increasing the retention of such 
     teachers;
       ``(3) that selects a group of highly rated teachers 
     (through a process, and for a duration, determined by the 
     entity described in paragraph (1)), as members of the corps, 
     that constitutes not less than 5 percent and not more than 10 
     percent of elementary school, middle school, and high school 
     teachers who teach STEM subjects and who--
       ``(A) teach in a participating high-need school in the 
     region served by the entity described in paragraph (1); or
       ``(B) agree to teach in a participating high-need school in 
     the region served by the entity described in paragraph (1) if 
     accepted as a member of the corps; and
       ``(4) that aims to attract, improve, and retain teachers 
     who teach STEM subjects and to increase student achievement 
     in such subjects, including by--
       ``(A) providing instructional leadership responsibilities 
     for corps members in their schools, local educational 
     agencies, or States, such as mentoring beginning STEM 
     teachers and leading professional development activities for 
     teachers not participating in the corps;
       ``(B) providing corps members with research-based 
     professional development on instructional leadership and 
     effective teaching methods for STEM subjects, including 
     coordinating with out-of-school-time and afterschool programs 
     to provide engaging STEM programs;
       ``(C) providing each teacher who is a corps member with a 
     salary supplement of not less than $10,000 per year, in 
     recognition of such teacher's teaching accomplishments, 
     leadership, and increased responsibilities, for each year 
     such teacher serves as a member of the corps; and
       ``(D) building a community of practice among corps members 
     to enable such members to network, collaborate, and to share 
     best practices and resources with each other.
       ``(c) Duration.--Grants awarded under this section shall be 
     for a period of not more than 3 years, after which the 
     program under this subsection shall end.
       ``(d) Application.--Each entity described in subsection 
     (b)(1) desiring a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     require.
       ``(e) Matching Funds.--The Secretary may require a grantee 
     under this section to provide non-Federal matching funds in 
     an amount equal to the amount of grant funds awarded under 
     this section.

     ``SEC. 5407. REPORTING REQUIREMENTS.

       ``(a) Eligible Entity Reports.--Each State educational 
     agency receiving an award under section 5403 shall report 
     annually to the Secretary regarding the State educational 
     agency's progress in addressing the purposes of this subpart. 
     Such report shall include, at a minimum, a description of--
       ``(1) the professional development activities provided 
     under the award, including types of activities and entities 
     involved in providing professional development to classroom 
     teachers and other program staff;

[[Page 2958]]

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

     ``SEC. 5408. SUPPLEMENT NOT SUPPLANT.

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

     ``SEC. 5409. MAINTENANCE OF EFFORT.

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

     ``SEC. 5410. DEFINITIONS.

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

     ``SEC. 5411. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart $500,000,000 for fiscal year 2016 and such sums as 
     may be necessary for subsequent fiscal years.

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

     ``SEC. 5421. PURPOSES.

       ``The purposes of this subpart are--
       ``(1) to improve student literacy and academic achievement, 
     including the ability to problem solve, communicate 
     effectively, and acquire new knowledge and skills;
       ``(2) to assist State educational agencies and local 
     educational agencies in the development, coordination, and 
     implementation of comprehensive literacy plans that promote 
     high-quality evidence based instruction in alignment with 
     State early learning and college- and career-ready standards 
     from preschool through grade 12;
       ``(3) to identify and support students reading and writing 
     significantly below grade level by providing evidence-based, 
     intensive interventions to help the students acquire the 
     language and literacy skills the students need to stay on 
     track for graduation;
       ``(4) to support State educational agencies and local 
     educational agencies in improving reading, writing, and 
     literacy-based academic achievement for children and 
     students, especially children and students who are low-
     income, are English learners, are migratory, are children 
     with disabilities, are Indian or Alaskan Native, are 
     neglected or delinquent, are homeless, are in the custody of 
     the child welfare system, or have dropped out of school;
       ``(5) to provide assistance to local educational agencies 
     in order to provide educators with ongoing, job-embedded 
     professional development and other support focusing on 
     imparting and employing--
       ``(A) the characteristics of effective language and 
     literacy instruction;
       ``(B) the special knowledge and skills necessary to teach 
     and support literacy development effectively across the 
     developmental span and age span;
       ``(C) the essential components of reading instruction; and
       ``(D) the essential components of writing instruction;
       ``(6) to evaluate whether the professional development 
     activities and approaches are effective in building knowledge 
     and skills of educators and their use of appropriate and 
     effective practices.
       ``(7) to support State educational agencies and local 
     educational agencies in using age appropriate and 
     developmentally appropriate instructional materials and 
     strategies that assist teachers as the teachers work with 
     students to develop reading and writing competencies 
     appropriate to the students' grade and skill levels;
       ``(8) to support efforts to link and align college and 
     career-ready standards and evidence-based teaching practices 
     and instruction in early childhood education programs serving 
     children from preschool through kindergarten entry;
       ``(9) strengthening coordination among schools, early 
     literacy programs, family literacy programs, juvenile justice 
     programs, public libraries, and outside-of-school programs 
     that provide children and youth with strategies, curricula, 
     interventions, and assessments designed to advance early and 
     continuing language and literacy development in ways 
     appropriate for each context; and
       ``(10) to engage the participation of parents in supporting 
     their child's communication and literacy development.

     ``SEC. 5422. PROGRAM AUTHORIZED.

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

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

       ``(ii) reserve not more than 5 percent to award planning 
     grants, to State educational agencies serving States, in 
     accordance with section 5423;
       ``(iii) reserve not more than 3 percent for national 
     activities, such as evaluations, training, and technical 
     assistance, to the Department of Education to support 
     comprehensive literacy reform at the State level; and
       ``(iv) use the amount not reserved under clauses (i), and 
     (ii) to make awards, from allotments under subparagraph (C), 
     to State educational agencies serving States that have 
     applications approved under section

[[Page 2959]]

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

     ``SEC. 5423. STATE PLANNING GRANTS.

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

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

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

     ``SEC. 5424. STATE IMPLEMENTATION GRANTS.

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

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

       ``(ii) with respect to students in kindergarten through 
     grade 12, during the period of the grant there has been 
     significant progress in student achievement, as measured by 
     the metrics described in section 5424(b)(2)(C).
       ``(b) State Applications.--
       ``(1) In general.--A State educational agency that desires 
     to receive an implementation grant under this section shall 
     submit an application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     require. The State educational agency shall collaborate with 
     all State agencies responsible for administering early 
     childhood education programs, and the State agency 
     responsible for administering child care programs, in the

[[Page 2960]]

     State in writing and implementing the early learning portion 
     of the grant application under this subsection.
       ``(2) Contents.--An application described in paragraph (1) 
     shall include the following:
       ``(A) A description of the members of the State literacy 
     leadership team and a description of how the State 
     educational agency has developed a comprehensive State 
     literacy plan, as described in section 5423(c)(2)(A).
       ``(B) An implementation plan that includes a description of 
     how the State educational agency will--
       ``(i) carry out the State activities described in section 
     5425;
       ``(ii) assist eligible entities with--

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

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

       ``(I) served by the eligible entity; and
       ``(II) from families with income below the poverty line, 
     based on the most recent satisfactory data provided to the 
     Secretary by the Bureau of the Census for determining 
     eligibility under section 1124(c)(1)(A); and

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

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

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

     ``SEC. 5425. STATE ACTIVITIES.

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

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

       ``(a) Subgrants.--
       ``(1) In general.--A State educational agency, in 
     consultation with the State agencies responsible for 
     administering early childhood education programs and 
     services, including the State agency responsible for 
     administering child care programs and the State Advisory 
     Council on Early Childhood Education and Care established 
     under section 642B(b) of the Head Start Act (42 U.S.C. 
     9837b(b)), shall use implementation grant funds provided 
     under section 5422(a)(2)(B) to award subgrants, on a 
     competitive basis, to eligible entities to enable the 
     eligible entities to support high-quality early literacy

[[Page 2961]]

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

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

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

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

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

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

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

[[Page 2962]]

     delays and with English learners and children from preschool 
     to kindergarten entry;
       ``(E) key data metrics identified under section 
     5424(b)(2)(C) used for literacy initiatives;
       ``(F) student performance on relevant program metrics, as 
     identified in the State education agency's implementation 
     plan under section 5424(b)(2)(C); and
       ``(G) the outcomes of programs and activities provided 
     under the award.
       ``(2) Eligible entity reports.--Each eligible entity 
     receiving a subgrant under section 5426 or 5427 shall report 
     annually to the State educational agency regarding the 
     eligible entity's progress in addressing the purposes of this 
     subpart. Such report shall include, at a minimum, a 
     description of--
       ``(A) how the subgrant funds were used; and
       ``(B) student performance on relevant program metrics, as 
     identified in the State education agency's implementation 
     plan under section 5424(b)(2)(C).
       ``(c) Conflicts of Interest.--The Secretary shall ensure 
     that each member of the peer review panel described in 
     section 5422(c) and each member of a State literacy 
     leadership team participating in a program or activity 
     assisted under this subpart does not stand to benefit 
     financially from a grant or subgrant awarded under this 
     subpart.

     ``SEC. 5428. DEFINITIONS.

       ``In this subpart:
       ``(1) Characteristics of effective literacy strategies and 
     instruction.--The term `characteristics of effective literacy 
     strategies and instruction' means--
       ``(A) for children from preschool through kindergarten 
     entry--
       ``(i) providing high quality professional development 
     opportunities for early childhood educators, teachers, and 
     school leaders in--

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

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

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

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

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

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

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

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

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

       ``(ii) providing age appropriate direct and explicit 
     instruction;
       ``(iii) providing strategic, systematic, and explicit 
     instruction in phonological awareness, phonic decoding, 
     vocabulary, reading fluency, and reading comprehension;
       ``(iv) making available and using diverse texts at the 
     reading, development, and interest level of students;
       ``(v) providing multiple opportunities for students to 
     write individually and collaboratively with instruction and 
     feedback;
       ``(vi) using differentiated instructional approaches, 
     including individual, small group, and classroom-based 
     instruction and discussion;
       ``(vii) using oral modeling techniques and opportunities 
     for students to use language with the students' peers and 
     adults to build student language skills;
       ``(viii) providing time and opportunities for systematic 
     and intensive instruction, intervention, and practice to 
     supplement regular instruction, which can be provided inside 
     and outside the classroom as well as during and outside 
     regular school hours;
       ``(ix) providing instruction in uses of print materials and 
     technological resources for research and for generating and 
     presenting content and ideas;
       ``(x) using screening assessments, diagnostic assessments, 
     formative assessments, and summative assessments to identify 
     student learning needs, to inform instruction, and to monitor 
     student progress and the effects of instruction over time;
       ``(xi) coordinating the involvement of families, 
     caregivers, teachers, principals, other school leaders, and 
     teacher literacy teams in the reading and writing achievement 
     of children served under this subpart;
       ``(xii) encouraging family literacy experiences and 
     practices; and
       ``(xiii) using strategies to enhance students'--

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

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

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

       ``(viii) providing for text-based learning across content 
     areas;
       ``(ix) providing systematic, strategic, and individual and 
     small group instruction, including intensive supplemental 
     intervention for students reading significantly below grade 
     level, which may be provided inside and outside the classroom 
     as well as during and outside regular school hours;
       ``(x) providing instruction in the uses of technology and 
     multimedia resources for classroom research and for 
     generating and presenting content and ideas;
       ``(xi) using screening assessments, diagnostic assessments, 
     formative assessments, and summative assessments to identify 
     learning needs, inform instruction, and monitor student 
     progress and the effects of instruction;
       ``(xii) coordinating the involvement of families and 
     caregivers, to the extent feasible and appropriate as 
     determined by the Secretary, to improve reading, writing, and 
     academic achievement; and
       ``(xiii) coordinating the involvement of school librarians, 
     teachers, principals, other school leaders, teacher literacy 
     teams, and English as a second language specialists (as 
     appropriate), that analyze student work and plan or deliver 
     instruction over time.
       ``(2) Classroom-based instructional assessment.--The term 
     `classroom-based instructional assessment' means an 
     assessment, for children between preschool through grade 3, 
     that--
       ``(A) is valid and reliable for the age and population of 
     children being assessed;
       ``(B) is used to evaluate children's developmental progress 
     and learning, including systematic observations by teachers 
     of children performing tasks, including academic and literacy 
     tasks, that are part of their daily classroom experience; and
       ``(C) is used to improve classroom instruction.
       ``(3) Comprehensive literacy instruction.--The term 
     `comprehensive literacy instruction' means instruction that--
       ``(A) involves the characteristics of effective literacy 
     instruction; and

[[Page 2963]]

       ``(B) is designed to support the essential components of 
     reading instruction and the essential components of writing 
     instruction.
       ``(4) Developmental delay.--The term `developmental delay' 
     has the meaning given the term in section 632 of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1432).
       ``(5) Diagnostic assessment.--The term `diagnostic 
     assessment' means an assessment that--
       ``(A) is valid, reliable, and based on scientifically valid 
     research on language, literacy, and English language 
     acquisition;
       ``(B) is used for the purposes of--
       ``(i) identifying a student's specific areas of strengths 
     and weaknesses in oral language and literacy;
       ``(ii) determining any difficulties that the student may 
     have in oral language and literacy and the potential cause of 
     such difficulties; and
       ``(iii) helping to determine possible literacy intervention 
     strategies and related special needs of the student; and
       ``(C) in the case of young children, is conducted after a 
     screening assessment that identifies potential risks or a 
     lack of school preparedness, including oral language and 
     literacy development, or delayed development.
       ``(6) Eligible entity.--The term `eligible entity' means--
       ``(A) when used with respect to children from preschool 
     through kindergarten entry--
       ``(i) 1 or more local educational agencies providing early 
     childhood education programs, or 1 or more public or private 
     early childhood education programs, serving children from 
     preschool through kindergarten entry (such as a Head Start 
     program, a child care program, a State-funded prekindergarten 
     program, a public library program, or a family literacy 
     program), that has a demonstrated record of providing 
     effective literacy instruction for the age group such agency 
     or program proposes to serve under section 5426; or
       ``(ii) 1 or more entities described in clause (i) acting in 
     partnership with 1 or more public agencies or private 
     nonprofit organizations that have a demonstrated record of 
     effectiveness--

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

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

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

       ``(ii) that--

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

       ``(iii) has the highest numbers or percentages of children 
     who are counted under section 1124(c), in comparison to other 
     local educational agencies in the State.
       ``(7) English language acquisition.--
       ``(A) In general.--The term `English language acquisition' 
     means the process by which a non-native English speaker 
     acquires proficiency in speaking, listening, reading, and 
     writing the English language.
       ``(B) Inclusions for english learners in school.--For an 
     English language learner in school, such term includes not 
     only the social language proficiency needed to participate in 
     the school environment, but also the academic language 
     proficiency needed to acquire literacy and academic content 
     and demonstrate the student's learning.
       ``(8) Essential components of reading instruction.--The 
     term `essential components of reading instruction' means 
     developmentally appropriate, contextually explicit, 
     systematic instruction, and frequent practice, in reading 
     across content areas.
       ``(9) Essential components of writing instruction.--The 
     term `essential components of writing instruction' means 
     developmentally appropriate and contextually explicit 
     instruction, and frequent practice, in writing across content 
     areas.
       ``(10) Family literacy services.--The term `family literacy 
     services' means literacy services provided on a voluntary 
     basis that are of sufficient intensity in terms of hours and 
     duration and that integrate all of the following activities:
       ``(A) Interactive literacy activities between or among 
     parents and their children, including parent literacy 
     training.
       ``(B) Training for parents regarding how to be the primary 
     teacher for their children and full partners in the education 
     of their children.
       ``(C) Parent literacy training that leads to economic self-
     sufficiency.
       ``(D) An age-appropriate education to prepare children for 
     success in school and life experiences.
       ``(11) Formative assessment.--The term `formative 
     assessment' means a process that--
       ``(A) is teacher-generated or selected by teachers and 
     students during instructional learning;
       ``(B) is embedded within the learning activity and linked 
     directly to the current unit of instruction; and
       ``(C) provides feedback to adjust ongoing teaching and 
     learning to improve students' achievement of intended 
     instructional outcomes.
       ``(12) High-quality professional development.--The term 
     `high-quality professional development' means professional 
     development that--
       ``(A) is job-embedded, ongoing, and based on scientifically 
     valid research;
       ``(B) is sustained, intensive, and classroom-focused;
       ``(C) is designed to increase the knowledge and expertise 
     of teachers, early childhood educators and administrators, 
     principals, other school leaders, and other program staff in 
     applying--
       ``(i) the characteristics of effective literacy 
     instruction;
       ``(ii) the essential components of reading instruction;
       ``(iii) the essential components of writing instruction; 
     and
       ``(iv) instructional strategies and practices that are 
     appropriate to the age, development, and needs of children 
     and improve student learning, including strategies and 
     practices consistent with the principles of universal design 
     for learning, as described in section 5429(b)(21);
       ``(D) includes and supports teachers in effectively 
     administering age appropriate and developmentally appropriate 
     assessments, and analyzing the results of such assessments 
     for the purposes of planning, monitoring, adapting, and 
     improving effective classroom instruction or teaching 
     strategies to improve student literacy;
       ``(E) for educators working with students in kindergarten 
     through grade 12--
       ``(i) supports the characteristics of effective literacy 
     instruction through core academic subjects, and through 
     career and technical education subjects where such career and 
     technical education subjects provide for the integration of 
     core academic subjects; and
       ``(ii) includes explicit instruction in discipline-specific 
     thinking and how to read and interpret discipline-specific 
     text structures and features;
       ``(F) includes instructional strategies utilizing one-to-
     one, small group, and classroom-based instructional materials 
     and approaches based on scientifically valid research on 
     literacy;
       ``(G) provides ongoing instructional literacy coaching--
       ``(i) to ensure high-quality implementation of effective 
     practices of literacy instruction that are content-centered, 
     integrated across the curricula, collaborative, and embedded 
     in the school, classroom, or other setting; and
       ``(ii) that uses student data to improve instruction;
       ``(H) includes and supports teachers in setting high 
     reading and writing achievement goals for all students and 
     provides the teachers with the instructional tools and skills 
     to help students reach such goals; and
       ``(I) is differentiated for educators working with children 
     from preschool through kindergarten entry, students in 
     kindergarten through grade 5, and students in grades 6 
     through 12, and, as appropriate, by student grade or student 
     need.
       ``(13) Literacy coach.--The term `literacy coach' means a 
     professional--
       ``(A) who--
       ``(i) has previous teaching experience and--

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

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

       ``(I) apply research on how students become successful 
     readers, writers, and communicators;
       ``(II) apply multiple forms of assessment to guide 
     instructional decisionmaking and use data to improve literacy 
     instruction;
       ``(III) improve student writing and reading in and across 
     content areas such as mathematics, science, social studies, 
     and language arts;
       ``(IV) develop and implement differentiated instruction and 
     teaching approaches to serve the needs of the full range of 
     learners, including English learners and children with 
     disabilities;

[[Page 2964]]

       ``(V) apply principles of universal design for learning, as 
     described in section 5429(b)(21);
       ``(VI) employ best practices in engaging principals, early 
     childhood educators and administrators, teachers, and other 
     professionals supporting literacy instruction to change 
     school cultures to better encourage and support literacy 
     development and achievement; and
       ``(VII)(aa) for children from preschool through 
     kindergarten entry, set developmentally appropriate 
     expectations for language; and
       ``(bb) for all children, set literacy development and high 
     reading and writing achievement goals and select, acquire, 
     and use instructional tools and skills to help the children 
     reach such goals; and

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

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

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

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

       ``(B) Inclusion of a preexisting partnership.--If, before 
     the date of enactment of the Student Success Act, a State 
     educational agency established a consortium, partnership, or 
     any other similar body that was considered a literacy 
     partnership for purposes of subpart 1 or 2 of part B of title 
     I and that includes the individuals required under 
     subparagraph (A)(iv), such consortium, partnership, or body 
     may be considered a State literacy leadership team for 
     purposes of subparagraph (A).
       ``(21) Summative assessment.--The term `summative 
     assessment' means an assessment that--
       ``(A) is valid, reliable, and based on scientifically valid 
     research on literacy and English language acquisition; and
       ``(B) measures--
       ``(i) for children from preschool through kindergarten 
     entry, how the children have progressed over time relative to 
     developmental norms; and
       ``(ii) for students in kindergarten through grade 12, what 
     the students have learned over time, relative to academic 
     content standards.
       ``(22) Universal design for learning.--The term `universal 
     design for learning' has the meaning given the term in 
     section 103 of the Higher Education Act of 1965 (20 U.S.C. 
     1003).
       ``(23) Writing.--The term `writing' means--
       ``(A) composing meaning in print or through other media, 
     including technologies, to communicate and to create new 
     knowledge in ways appropriate to the context of the writing 
     and the literacy development stage of the writer;
       ``(B) composing ideas individually and collaboratively in 
     ways that are appropriate for a variety of purposes, 
     audiences, and occasions;
       ``(C) choosing vocabulary, tone, genre, and conventions, 
     such as spelling and punctuation, suitable to the purpose, 
     audience, and occasion; and
       ``(D) revising compositions for clarity of ideas, 
     coherence, logical development, and precision of language 
     use.

     ``SEC. 5430. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart $500,000,000 for fiscal year 2016 and such sums as 
     may be necessary for subsequent fiscal years.

                 ``Subpart 3--A Well-Rounded Education

     ``SEC. 5431. PROGRAM AUTHORIZED.

       ``From the amount appropriated each fiscal year to carry 
     out this subpart, the Secretary--
       ``(1) shall--
       ``(A) reserve not less than 5 percent for national 
     activities under section 5438; and
       ``(B) of the funds remaining after the Secretary reserves 
     funds under subparagraph (A)--
       ``(i) use at least 25 percent to award grants to eligible 
     entities under this subpart to carry out proven practices, 
     strategies, or programs in American history, civic education, 
     and geography;
       ``(ii) use at least 15 percent to award grants to eligible 
     entities under this subpart to carry out proven practices, 
     strategies, or programs in economic and financial literacy 
     education and entrepreneurship education;
       ``(iii) use at least 15 percent to award grants to eligible 
     entities under this subpart to carry out proven practices, 
     strategies, or programs in foreign language education;
       ``(iv) use at least 15 percent to award grants to eligible 
     entities under this subpart to carry out proven practices, 
     strategies, or programs for music and the arts education; and
       ``(v) use at least 10 percent to award grants to eligible 
     entities under this subpart to carry out proven practices, 
     strategies, or programs in Javits gifted and talented 
     education; and
       ``(vi) use at least 10 percent to award grants to eligible 
     entities as described in section 5432(2) to carry out proven 
     practices, strategies, or programs in ready-to-learn; and
       ``(2) may use the funds remaining after the Secretary 
     reserves and uses funds under paragraph (1) to award grants 
     to eligible entities under this subpart to carry out any of 
     the proven practices, strategies, or programs described in 
     clauses (i) through (v) of paragraph (1)(B).

     ``SEC. 5432. ELIGIBLE ENTITY DEFINED.

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

[[Page 2965]]

       ``(A) A capacity for the development and national 
     distribution of educational and instructional television 
     programming of high quality that is accessible by a large 
     majority of disadvantaged preschool and elementary school 
     children.
       ``(B) A capacity to contract with the producers of 
     children's television programming for the purpose of 
     developing educational television programming of high 
     quality.
       ``(C) A capacity, consistent with the entity's mission and 
     nonprofit nature, to negotiate such contracts in a manner 
     that returns to the entity an appropriate share of any 
     ancillary income from sales of any program-related products.
       ``(D) A capacity to localize programming and materials to 
     meet specific State and local needs and to provide 
     educational outreach at the local level.

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

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

     ``SEC. 5434. SUPPLEMENT, NOT SUPPLANT.

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

     ``SEC. 5435. APPLICATION REQUIREMENTS.

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

     ``SEC. 5436. USES OF FUNDS.

       ``(a) In General.--Each eligible entity that receives a 
     grant under this subpart shall carry out one or more of the 
     following:
       ``(1) Plan, develop, expand, or improve practices, 
     strategies, and programs in the applicable content area.
       ``(2) Develop and implement instructional materials, 
     assessments (including performance-based assessments), and 
     curriculum, aligned with State standards in a content area 
     listed in clauses (i) through (v) of section 5431(1)(B), 
     which embed principles of universal design for learning, as 
     described in section 5429(b)(21), to support students with 
     diverse learning needs including English learners and 
     students with disabilities.
       ``(3) Develop and implement professional development for 
     teachers in the applicable content area in order to improve 
     classroom practices.
       ``(4) Align practices, strategies, and programs with 
     postsecondary programs for the continuation of instruction in 
     the academic subject for which the program strategy or 
     practice proposes to increase student achievement or student 
     growth.
       ``(5) Supporting the use of open educational resources or 
     other innovative uses of technology that are designed to 
     serve students at all levels of achievement.
       ``(6) Support efforts to expand access to advanced 
     coursework, especially for high-need students.
       ``(7) In the case of an eligible entity that is a State 
     educational agency, the eligible entity may also provide 
     technical assistance to local programs within the State.
       ``(b) Program Specific Requirements for Geography Grants.--
     In addition to meeting the requirements of subsection (a), an 
     eligible entity receiving a grant described in section 
     5431(1)(B)(i) may use the grant to--
       ``(1) carry out local, field-based activities for teachers 
     and students to improve their knowledge of the concepts and 
     tools of geography while enhancing understanding of their 
     home region; and
       ``(2) apply geographic information systems and technology 
     to the teaching of geography; and
       ``(3) using internet or distance-learning technology.
       ``(c) Program Specific Requirements for Economic, Financial 
     Literacy, and Entrepreneurship Education Grants.--In addition 
     to meeting the requirements of subsection (a), an eligible 
     entity receiving a grant described in section 
     5431(1)(B)(ii)--
       ``(1) may use the grant to--
       ``(A) carry out programs to teach personal financial 
     management skills;
       ``(B) carry out programs to teach the basic principles 
     involved with earning, spending, saving, investing, credit, 
     and insurance; and
       ``(C) implement financial and economic literacy activities 
     and sequences of study within, or coordinated with, core 
     academic subjects; and
       ``(2) is strongly encouraged to--
       ``(A) include interactions with the local business 
     community to the fullest extent possible to reinforce the 
     connection between economic and financial literacy; and
       ``(B) work with private businesses to obtain matching 
     contributions for Federal funds and assist recipients in 
     working toward self-sufficiency.
       ``(d) Program Specific Requirements for Foreign Language 
     Grants.--In addition to meeting the requirements of 
     subsection (a), an eligible entity receiving a grant 
     described in section 5431(1)(B)(iii) may use the grant to 
     carry out the following activities:
       ``(1) Developing and implementing intensive summer foreign 
     language programs for professional development.
       ``(2) Linking nonnative English speakers in the community 
     with the schools in order to promote two-way language 
     learning.
       ``(3) Promoting the sequential study of a foreign language 
     for students, beginning in elementary schools.
       ``(4) Making effective use of technology, such as computer-
     assisted instruction, language laboratories, or distance 
     learning, to promote foreign language study.
       ``(5) Developing and implementing, high quality dual 
     language programs.
       ``(6) Promoting innovative activities, such as foreign 
     language immersion, partial foreign language immersion, or 
     content-based instruction.
       ``(7) Providing opportunities for maximum foreign language 
     exposure for students domestically, such as the creation of 
     immersion environments in the classroom and school, on 
     weekend or summer experiences, and special tutoring and 
     academic support.
       ``(8) providing for the possibility for multiple entry 
     points for studying the foreign language.
       ``(9) Creating partnerships with elementary and secondary 
     schools in other countries to facilitate language and 
     cultural learning and exchange.
       ``(10) Providing support for a language supervisor to 
     oversee and coordinate the progress of the articulated 
     foreign language program across grade levels in the local 
     educational agency funded under this subpart.
       ``(e) Program Specific Requirements for Javits Gifted and 
     Talented Grants.--In addition to meeting the requirements of 
     subsection (a), an eligible entity receiving a grant 
     described in section 5431(1)(B)(v) may use the grant to carry 
     out the following activities:
       ``(1) Providing funds for challenging, high-level course 
     work, disseminated through technologies (including distance 
     learning), for individual students or groups of students in 
     schools and local educational agencies that would not 
     otherwise have the resources to provide such course work.
       ``(2) Ensuring that assessments provide diagnostic 
     information that informs instruction for high-achieving 
     students.
       ``(3) Carrying out training and professional development 
     for school personnel involved in the teaching of high-
     achieving, educationally disadvantaged students, such as 
     instructional staff, principals, counselors, and 
     psychologists.

[[Page 2966]]

       ``(4) Conducting education and training for parents of 
     high-achieving, educationally disadvantaged students to 
     support educational excellence for such students.
       ``(f) Program Specific Requirements for Ready-to-learn.--In 
     addition to meeting the requirements of subsection (a), an 
     eligible entity receiving a grant described in section 
     5431(1)(B)(vi) may use the grant to carry out the following 
     activities:
       ``(1) to develop, produce, and distribute educational and 
     instructional video programming for preschool and elementary 
     school children and their parents in order to facilitate 
     student academic achievement;
       ``(2) to facilitate the development, directly or through 
     contracts with producers of children and family educational 
     television programming, of educational programming for 
     preschool and elementary school children, and the 
     accompanying support materials and services that promote the 
     effective use of such programming;
       ``(3) to facilitate the development of programming and 
     digital content containing Ready-to-Learn-based children's 
     programming and resources for parents and caregivers that is 
     specially designed for nationwide distribution over public 
     television stations' digital broadcasting channels and the 
     Internet;
       ``(4) to contract with entities (such as public 
     telecommunications entities) so that programs developed under 
     this section are disseminated and distributed to the widest 
     possible audience appropriate to be served by the 
     programming, and through the use of the most appropriate 
     distribution technologies; and
       ``(5) to develop and disseminate education and training 
     materials, including interactive programs and programs 
     adaptable to distance learning technologies, that are 
     designed--
       ``(A) to promote school readiness; and
       ``(B) to promote the effective use of materials developed 
     under subparagraphs (2) and (3) among parents, teachers, Head 
     Start providers, Even Start providers, providers of family 
     literacy services, child care providers, early childhood 
     development personnel, elementary school teachers, public 
     libraries, and afterschool program personnel caring for 
     preschool and elementary school children.

     ``SEC. 5437. EVALUATION.

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

     ``SEC. 5438. NATIONAL ACTIVITIES.

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

     ``SEC. 5439. PROFESSIONAL DEVELOPMENT ACTIVITIES.

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

     ``SEC. 5440. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart $250,000,000 for fiscal year 2016 and such sums as 
     may be necessary for each succeeding fiscal year.

     ``Subpart 4--Transforming Education Through Technology Grants

     ``SEC. 5441. PURPOSES.

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

     ``SEC. 5442. E-RATE RESTRICTION.

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

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

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

     ``SEC. 5444. DEFINITIONS.

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

[[Page 2967]]

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

     ``SEC. 5445. TECHNOLOGY GRANTS PROGRAM AUTHORIZED.

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

     ``SEC. 5446. STATE APPLICATIONS.

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

[[Page 2968]]

       ``(12) A description of how the State educational agency 
     will, in providing technical and other assistance to local 
     educational agencies, give priority to the local educational 
     agencies proposing to target services to--
       ``(A) students in schools in need of support and high-
     priority schools; and
       ``(B) schools with a high percentage of students that are 
     eligible for free or reduced price lunch under the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
       ``(13) A description of how the State educational agency 
     consulted with local educational agencies in the development 
     of the State educational agency's application under this 
     subsection.
       ``(14) An assurance that the State educational agency will 
     provide matching funds as required under section 101(e).
       ``(15) A description of how the State educational agency 
     will ensure that funds received under this title is not 
     duplicative of support received under the E-rate program.
       ``(16) An assurance that the State educational agency, in 
     making awards under section 5448, to improve equity of 
     technology resources, will expend funds first to local 
     educational agencies that--
       ``(A) serve students in schools identified as persistently 
     low achieving or in need of support to remedy resource 
     inequities identified in school improvement plans as 
     described in section 1116; or
       ``(B) serve schools with a high percentage of students that 
     are eligible for free or reduced price lunch under the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 1751 
     et seq.).
       ``(17) An assurance that the State educational agency will 
     protect the privacy and safety of students and teachers, 
     consistent with requirements of section 444 of the General 
     Education Provisions Act (20 U.S.C. 1232g) (commonly known as 
     the `Family Educational Rights and Privacy Act of 1974') and 
     section 2441(a).

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

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

     ``SEC. 5448. LOCAL SUBGRANTS.

       ``(a) Subgrants.--
       ``(1) Grants to local educational agencies.--From the grant 
     funds provided under section 101(b)(2) to a State educational 
     agency that are remaining after the State educational agency 
     makes reservations under section 104(b) for any fiscal year 
     and subject to paragraph (2), the State educational agency 
     shall award subgrants for the fiscal year to local 
     educational agencies served by the State educational agency 
     and with an approved application under subsection (b) by 
     allotting to each such local educational agency an amount 
     that bears the same relationship to the remainder as the 
     amount received by the local educational agency under part A 
     of title I for such year bears to the amount received by all 
     such local educational agencies under such part for such 
     year, except that no local educational agency may receive 
     less than $5,000.
       ``(2) Competitive grants to local educational agencies.--If 
     the amount of funds appropriated under section 5459 is less 
     than $750,000,000 for any fiscal year, a State educational 
     agency--
       ``(A) shall not award subgrants under paragraph (1); and
       ``(B) shall--
       ``(i) award subgrants, on a competitive basis, to local 
     educational agencies based on the quality of applications 
     submitted under (b), including--

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

       ``(ii) ensure that such subgrants are of sufficient size 
     and scope to carry out the local activities described in 
     subsection (c).

[[Page 2969]]

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

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

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

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

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

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

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

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

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

     ``SEC. 5449. REPORTING.

       ``(a) Local Educational Agencies.--Each local educational 
     agency receiving a subgrant under section 104 shall submit to 
     the State educational agency that awarded such subgrant an 
     annual report the meets the requirements of subsection (c).
       ``(b) State Educational Agencies.--Each State educational 
     agency receiving a grant under section 101(b)(2) shall submit 
     to the Secretary an annual report that meets the requirements 
     of subsection (c).
       ``(c) Report Requirements.--A report submitted under 
     subsection (a) or (b) shall include, at a minimum, a 
     description of--
       ``(1) the status of the State education agency's plan 
     described in section 102(b)(3) or

[[Page 2970]]

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

     ``SEC. 5450. INVESTING IN INNOVATION.

       ``From the amounts appropriated under section 5459, the 
     Secretary may reserve up to 30 percent to--
       ``(1) fund the identification, development, evaluation, and 
     expansion of innovative, evidence-based practices, programs, 
     and strategies in order to significantly--
       ``(A) increase student academic achievement and decrease 
     achievement gaps;
       ``(B) increase secondary school graduation rates;
       ``(C) increase college enrollment rates, rates of college 
     persistence, and rates of attainment of other post-secondary 
     credentials;
       ``(D) improve teacher and principal effectiveness or 
     retention of highly effective teachers or principals; and
       ``(E) increase the identification and dissemination of 
     innovative educational strategies in rural areas; and
       ``(2) support the rapid development, expansion, and 
     adoption of tools and resources that improve the efficiency, 
     effectiveness, or pace of adoption of such educational 
     practices, programs, and strategies.

     ``SEC. 5451. ESTABLISHMENT OF THE ADVANCED RESEARCH PROJECT 
                   AGENCY-EDUCATION.

       ``(a) Program Established.--From the amounts appropriated 
     under section 5459, the Secretary may reserve up to 5 percent 
     to--
       ``(1) establish and carry out the Advanced Research 
     Projects Agency-Education (in this section referred to as 
     `ARPA-ED') to--
       ``(A) identify and promote advances in learning, 
     fundamental and applied sciences, and engineering that may be 
     translated into new learning technologies;
       ``(B) develop, test, and evaluate new learning technologies 
     and related processes; and
       ``(C) accelerate transformational technological advances in 
     education;
       ``(2) convene an advisory panel under subsection (d); and
       ``(3) carry out the evaluation and dissemination 
     requirements under subsection (e).
       ``(b) Appointments.--
       ``(1) Director.--ARPA-ED shall be under the direction of 
     the Director of ARPA-ED, who shall be appointed by the 
     Secretary.
       ``(2) Qualified individuals.--The Secretary shall appoint, 
     for a term of not more than 4 years, qualified individuals 
     who represent scientific, engineering, professional, and 
     other personnel with expertise in carrying out the activities 
     described in this section to positions in ARPA-ED, at rates 
     of compensation determined by the Secretary, without regard 
     to the provisions of title 5, United States Code, except that 
     such rates of compensation shall not to exceed the rate for 
     level I of the Executive Schedule under section 5312 of such 
     title.
       ``(c) Functions of ARPA-ED.--Upon consultation with the 
     advisory panel convened under subsection (d), the Secretary 
     shall select public and private entities to carry out the 
     activities described in subsection (a)(1) by--
       ``(1) awarding such entities grants, contracts, cooperative 
     agreements, or cash prizes; or
       ``(2) entering into such other transactions with such 
     entities as the Secretary may prescribe in regulations.
       ``(d) Advisory Panel.--
       ``(1) In general.--The Secretary shall convene an advisory 
     panel to advise and consult with the Secretary, Director, and 
     the qualified individuals appointed under subsection (b)(2) 
     on--
       ``(A) ensuring that the awards made and transaction entered 
     into under subsection (c) are consistent with the purposes 
     described in subsection (a)(1); and
       ``(B) ensuring the relevance, accessibility, and utility of 
     such awards and transactions to education practitioners.
       ``(2) Appointment of members.--The Secretary shall appoint 
     the following qualified individuals to serve on the advisory 
     panel:
       ``(A) Education practitioners.
       ``(B) Experts in technology.
       ``(C) Specialists in rapid gains in student achievement and 
     school turnaround.
       ``(D) Specialists in personalized learning.
       ``(E) Researchers, including at least one representative 
     from a comprehensive center established under 203 of the 
     Educational Technical Assistance Act of 2002 (20 U.S.C. 9602) 
     or the regional laboratories system established under section 
     174 of the Education Sciences Reform Act (20 U.S.C. 9564).
       ``(F) Other individuals with expertise who will contribute 
     to the overall rigor and quality of ARPA-ED.
       ``(3) Applicability of faca.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the panel 
     convened under this subsection and any appointee to such 
     panel shall not be considered an `employee' under section 
     2105 of title 5, United States Code.
       ``(e) Evaluation and Dissemination.--
       ``(1) Evaluation.--The Secretary shall obtain independent, 
     periodic, and rigorous evaluation of--
       ``(A) the effectiveness of the processes ARPA-Ed is using 
     to achieve the purposes described in subsection (a)(1);
       ``(B) the relevance, accessibility, and utility of the 
     awards made and transactions entered into under subsection 
     (c) to education practitioners; and
       ``(C) the effectiveness of the projects carried out through 
     such awards and transactions, using evidence standards 
     developed in consultation with the Institute of Education 
     Sciences, and the suitability of such projects for further 
     investment or increased scale.
       ``(2) Dissemination and use.--The Secretary shall 
     disseminate information to education practitioners, including 
     teachers, principals, and local and State superintendents, on 
     effective practices and technologies developed under ARPA-ED, 
     as appropriate, through--
       ``(A) the comprehensive centers established under 203 of 
     the Educational Technical Assistance Act of 2002 (20 U.S.C. 
     9602);
       ``(B) the regional laboratories system established under 
     section 174 of the Education Sciences Reform Act (20 U.S.C. 
     9564); and
       ``(C) such other means as the Secretary determines to be 
     appropriate.
       ``(f) Administrative Requirements.--Notwithstanding section 
     437(d) of the General Education Provisions Act (20 U.S.C. 
     1232(d)), the Secretary shall establish such processes as may 
     be necessary for the Secretary to manage and administer ARPA-
     ED, which are not constrained by other Department of 
     Education-wide administrative requirements that may prevent 
     ARPA-ED from carrying out the purposes described in 
     subsection (a)(1).

     ``SEC. 5452. NATIONAL ACTIVITIES.

       ``(a) In General.--Subject to subsection (b), the Secretary 
     shall reserve not more than 10 percent of the funds reserved 
     under this section for each fiscal year to carry out 
     activities of national significance, which may include--
       ``(1) technical assistance, including to applicants from 
     rural areas;
       ``(2) pre-application workshops or web-based seminars for 
     potential applicants, including applicants from rural areas;
       ``(3) the recruitment of peer reviewers, including 
     individuals with a background in rural education and 
     individuals with expertise in education technology, to 
     participate in the review of applications submitted under 
     section 5354;
       ``(4) dissemination of best practices, in consultation with 
     the regional educational laboratories established under part 
     D of the Education Sciences Reform Act of 2002 (20 U.S.C. 
     9561 et seq.) and comprehensive centers established under 
     section 203 of the Educational Technical Assistance Act of 
     2002 (20 U.S.C. 9602), developed with grant funds provided 
     under this part, including best practices developed with 
     grant funds in rural areas;
       ``(5) entering into partnerships with other agencies, 
     nonprofits, and the private sector to carry out advanced 
     research and development activities, including research and 
     activities in rural areas; and
       ``(6) carrying out prize awards, in a manner consistent 
     with section 24 of the Stevenson-Wydler Technology Innovation 
     Act of 1980 (15 U.S.C. 3719).
       ``(b) Reservation of Funds for Dissemination.--The 
     Secretary shall reserve not less than 50 percent of the funds 
     reserved under this section to carry out the dissemination 
     activities described in subsection (a)(4).

     ``SEC. 5453. PROGRAM AUTHORIZED; LENGTH OF GRANTS; 
                   PRIORITIES.

       ``(a) Program Authorization.--From the amounts appropriated 
     under this section and not reserved under section 5452, the 
     Secretary shall award grants, on a competitive basis, to 
     eligible entities to carry out the activities described in 
     section 5455.
       ``(b) Duration of Grants.--The Secretary shall award grants 
     to eligible entities under this section for a period of not 
     more than 3 years, and may extend such grants for an 
     additional 2-year period if the eligible entity demonstrates 
     to the Secretary that it is making significant progress on 
     the program

[[Page 2971]]

     performance measures identified in section 5456.
       ``(c) Rural Areas.--The Secretary shall ensure that not 
     less than 25 percent of the funds awarded under this section 
     for any fiscal year are for projects that meet both of the 
     following requirements:
       ``(1) The eligible entity is--
       ``(A) a local educational agency with an urban-centric 
     district locale code of 32, 33, 41, 42, or 43, as determined 
     by the Secretary;
       ``(B) a consortium of such local educational agencies; or
       ``(C) an educational service agency or a nonprofit 
     organization with demonstrated expertise in serving students 
     from rural areas.
       ``(2) A majority of the schools to be served by the project 
     are designated with a school locale code of 41, 42, or 43, or 
     a combination of such codes, as determined by the Secretary.
       ``(d) Support for New Practices, Strategies, or Programs.--
     The Secretary shall ensure that not less than one-half of the 
     funds awarded under this section for any fiscal year are for 
     projects that--
       ``(1) meet an evidence standard described in paragraph (2) 
     or (3) of subsection (f); and
       ``(2) do not meet the evidence standard described in 
     paragraph (1) of subsection (f).
       ``(e) Priorities.--In awarding grants under this section, 
     the Secretary may give priority to an eligible entity that 
     includes, in its application under section 5354, a plan to--
       ``(1) improve early learning outcomes and academic 
     connections between early learning and elementary school;
       ``(2) support college access, persistence, and success;
       ``(3) support family and community engagement;
       ``(4) address the unique learning needs of students with 
     disabilities or English language learners;
       ``(5) support the effective use of education technology to 
     improve teaching and learning;
       ``(6) improve the teaching and learning of science, 
     technology, engineering, computing, or mathematics;
       ``(7) serve schools in rural local educational agencies;
       ``(8) train teachers or principals to adopt and implement 
     college and career ready standards;
       ``(9) develop alternative career pathways or differentiated 
     school staffing models for effective teachers or principals 
     to expand their impact on student learning;
       ``(10) train or support principals or teacher leaders, 
     including teacher leaders preparing for principal roles;
       ``(11) support, improve, or develop any other area of 
     school innovation, as determined by the Secretary; and
       ``(12) address the learning needs of Indian, Native 
     American, Alaska Native, or migrant children in school.
       ``(f) Standards of Evidence.--The Secretary shall set 
     standards for the quality of evidence that an eligible entity 
     shall provide to demonstrate that the activities the eligible 
     entity proposes to carry out with grant funds under this 
     section are likely to succeed in improving student outcomes 
     or outcomes on other performance measures. These standards 
     may include any of the following:
       ``(1) Strong evidence that the activities proposed by the 
     eligible entity will have a statistically significant effect 
     on student academic achievement, student growth, graduation 
     rates, or outcomes on other performance measures.
       ``(2) Moderate evidence that the activities proposed by the 
     eligible entity will improve student academic achievement, 
     student growth, graduation rates, or outcomes on other 
     performance measures.
       ``(3) Evidence of promise or a strong theory that the 
     activities proposed by the eligible entity will improve 
     student academic achievement, student growth, graduation 
     rates, or outcomes on other performance measures.

     ``SEC. 5454. APPLICATIONS.

       ``(a) Applications.--An eligible entity that desires to 
     receive a grant under section 5453 shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require.
       ``(b) Contents.--Each application submitted by an eligible 
     entity under subsection (a) shall--
       ``(1) describe the project for which the eligible entity is 
     seeking a grant and how the evidence supporting that project 
     meets the standards of evidence established by the Secretary 
     under section 5453(f);
       ``(2) describe how the eligible entity will address at 
     least one of the areas described in section 5455(a)(1);
       ``(3) provide an estimate of the number of students that 
     the eligible entity plans to serve under the proposed 
     project, including the percentage of those students who are 
     from low-income families, and the number of students to be 
     served through additional expansion after the grant ends;
       ``(4) demonstrate that the eligible entity has established 
     one or more partnerships with the private sector, which may 
     include philanthropic organizations, and that the partner or 
     partners will provide matching funds, except that the 
     Secretary may waive, on a case-by-case basis, the matching 
     funds requirement under this paragraph upon a showing of 
     exceptional circumstances, such as the difficulty of raising 
     matching funds for a project to serve a rural area;
       ``(5) describe the eligible entity's plan for continuing 
     the proposed project after the grant funding under section 
     5453 ends, including a plan for dissemination of best 
     practices and collaboration with other local educational 
     agencies;
       ``(6) demonstrate that the proposed project has 
     incorporated input and feedback from educators working in the 
     area to be served;
       ``(7) if the eligible entity is a local educational 
     agency--
       ``(A) document the local educational agency's record in--
       ``(i) increasing student achievement, including achievement 
     for each subgroup described in section 1111(b)(2)(C)(v); or
       ``(ii) decreasing achievement gaps; and
       ``(B) demonstrate how the local educational agency has made 
     significant improvements in other outcomes, as applicable, on 
     the performance measures described in section 5456;
       ``(8) if the eligible entity is a nonprofit organization--
       ``(A) provide evidence that the nonprofit organization has 
     helped at least one high-need school or high-need local 
     educational agency significantly--
       ``(i) increase student achievement, including achievement 
     for each subgroup described in section 1111(b)(2)(C)(v);
       ``(ii) reduce achievement gaps; or
       ``(iii) increase graduation rates; and
       ``(B) describe how the nonprofit organization has helped at 
     least 1 school or local educational agency make a significant 
     improvement, as applicable, in other outcomes on the 
     performance measures described in section 5456;
       ``(9) if the eligible entity is an educational service 
     agency--
       ``(A) provide evidence that the agency has helped at least 
     one high-need school or high-need local educational agency 
     significantly--
       ``(i) increase student achievement, including achievement 
     for each subgroup described in section 1111(b)(2)(C)(v);
       ``(ii) reduce achievement gaps; or
       ``(iii) increase graduation rates; and
       ``(B) describe how the agency has helped at least 1 school 
     or local educational agency make a significant improvement, 
     as applicable, in other outcomes on the performance measures 
     described in section 5456;
       ``(10) provide a description of the eligible entity's plan 
     for independently evaluating the effectiveness of activities 
     carried out with funds under section 5453;
       ``(11) provide an assurance that the eligible entity will--
       ``(A) cooperate with cross-cutting evaluations;
       ``(B) make evaluation data available to third parties for 
     validation and further study consistent with protections 
     established by applicable Federal, State, and local privacy 
     requirements and other on provisions on the protection of 
     personally identifiable information; and
       ``(C) participate in communities of practice; and
       ``(12) if the eligible entity is a nonprofit organization 
     that intends to make subgrants, consistent with section 
     5455(b), provide an assurance that the eligible entity will 
     apply paragraphs (1) through (10), as appropriate, in the 
     eligible entity's selection of subgrantees and in the 
     oversight of such subgrants.
       ``(c) Criteria for Evaluating Applications.--The Secretary 
     shall award grants under section 5453 on a competitive basis, 
     based on the quality of the applications under this section 
     submitted and, consistent with the standards established 
     under section 5453(f), each eligible entity's likelihood of 
     achieving success in improving student outcomes or outcomes 
     on other performance measures.

     ``SEC. 5455. USES OF FUNDS.

       ``(a) Uses of Funds.--Each eligible entity that receives a 
     grant under section 5453--
       ``(1) shall use the grant funds to address, at a minimum, 
     one of the following areas of school innovations:
       ``(A) Improving the effectiveness and distribution of 
     teachers or principals.
       ``(B) Strengthening the use of data to improve teaching and 
     learning.
       ``(C) Providing high-quality instruction based on rigorous 
     standards that build toward college and career readiness and 
     measuring students' mastery using high-quality assessments 
     aligned to those standards.
       ``(D) Turning around the lowest-performing schools.
       ``(E) Supporting the effective use of technology to improve 
     teaching or principals and learning, including training 
     teachers or principals in the innovative use of technology.
       ``(F) Any other area of school innovation, as determined by 
     the Secretary;
       ``(2) shall use those funds to develop or expand strategies 
     to improve the performance of high-need students on the 
     performance measures described in section 5456; and
       ``(3) may use the grant funds for an independent 
     evaluation, as required by section 5454(b)(9), of the 
     innovative practices carried out with the grant.
       ``(b) Authority to Subgrant.--In the case of an eligible 
     entity receiving a grant under

[[Page 2972]]

     section 5453 that is nonprofit organization such eligible 
     entity may use the grant funds to make subgrants to other 
     entities to provide support to one or more high-need schools 
     or high-need local educational agencies. Any entity receiving 
     a subgrant under this subsection shall comply with the 
     requirements of this part for eligible entities, as 
     appropriate.

     ``SEC. 5456. PERFORMANCE MEASURES.

       ``(a) In General.--The Secretary shall establish 
     performance measures for the projects carried out under this 
     part. These measures, at a minimum, shall track an eligible 
     entity's progress in--
       ``(1) improving outcomes for each subgroup described in 
     section 1111(b)(2)(C)(v) that is served by the grantee on 
     measures, including, as applicable, by--
       ``(A) increasing student achievement and decreasing 
     achievement gaps;
       ``(B) increasing secondary school graduation rates;
       ``(C) increasing college enrollment rates and rates of 
     college persistence;
       ``(D) improving teacher and principal effectiveness or the 
     retention of highly effective teachers or principals;
       ``(E) improving school readiness; or
       ``(F) any other indicator as the Secretary or grantee may 
     determine; and
       ``(2) implementing the eligible entity's project in rural 
     schools, as applicable.
       ``(b) Data Collection Period.--From the amounts 
     appropriated under this section, the Secretary may--
       ``(1) approve, for an eligible entity receiving a grant 
     under section 5453, a data collection period of not more than 
     72 months beginning after the end of the eligible entity's 
     grant period; and
       ``(2) provide the eligible entity with funding during such 
     period for the sole purpose of collecting, analyzing, and 
     reporting performance information under this subsection on 
     the project carried out during the grant period.

     ``SEC. 5457. ANNUAL REPORT.

       ``An eligible entity that receives a grant under section 
     5453 shall submit to the Secretary, at such time and in such 
     manner as the Secretary may require, an annual report that 
     includes information on--
       ``(1) the eligible entity's progress on the performance 
     measures established under section 5456; and
       ``(2) the data supporting such progress.

     ``SEC. 5458. DEFINITIONS.

       ``In this part:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a local educational agency;
       ``(B) an educational service agencies; or
       ``(C) a nonprofit organization in partnership with a local 
     educational agency or consortium of schools.
       ``(2) High-need local educational agency.--The term `high-
     need local educational agency' means a local educational 
     agency--
       ``(A) that serves not fewer than 10,000 children from 
     families with incomes below the poverty line;
       ``(B) for which not less than 20 percent of the children 
     served by the agency are from families with incomes below the 
     poverty line; or
       ``(C) that is in the highest quartile of local educational 
     agencies in the State, based on student poverty.
       ``(3) High-need school.--The term `high-need school'' 
     means--
       ``(A) an elementary school or middle school in which not 
     less than 50 percent of the enrolled students are children 
     eligible for free or reduced price lunch under the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
       ``(B) a high school in which not less than 40 percent of 
     the enrolled students are children eligible for free or 
     reduced price lunch under the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1751 et seq.), which may be 
     calculated using comparable data from feeder schools.
       ``(4) Principal.--The term `principal' includes an 
     assistant principal.
       ``(5) Teacher.--The term `teacher' includes teacher 
     leaders.
       ``(6) Teacher leader.--The term `teacher leader' means a 
     teacher who has demonstrated effectiveness and assumes 
     leadership responsibilities to work with other teachers to 
     raise student achievement in multiple classrooms.

     ``SEC. 5459. AUTHORIZATION.

       ``There are authorized to be appropriated to carry out this 
     subpart $750,000,000 for fiscal year 2016 and such sums as 
     may be necessary for each of the 4 succeeding fiscal 
     years.''.
       (b) Repeal.--Part B of title I (20 U.S.C. 6361 et seq.) is 
     repealed.

          Subtitle D--Family Engagement in Education Programs

     SEC. 521. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.

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

           ``PART E--FAMILY ENGAGEMENT IN EDUCATION PROGRAMS

     ``SEC. 5701. PURPOSES.

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

     ``SEC. 5702. GRANTS AUTHORIZED.

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

     ``SEC. 5703. APPLICATIONS.

       ``(a) Submissions.--Each statewide organization, or a 
     consortium of such an organization and a State educational 
     agency, that desires a grant under this part shall submit an 
     application to the Secretary at such time, in such manner, 
     and including the information described in subsection (b).
       ``(b) Contents.--Each application submitted under 
     subsection (a) shall include, at a minimum, the following:
       ``(1) A description of the applicant's approach to family 
     engagement in education.
       ``(2) A description of the support that the Statewide 
     Family Engagement Center that will be operated by the 
     applicant will have from the applicant, including a letter 
     from the applicant outlining the commitment to work with the 
     center.
       ``(3) A description of the applicant's plan for building a 
     statewide infrastructure for family engagement in education, 
     that includes--
       ``(A) management and governance;
       ``(B) statewide leadership; and
       ``(C) systemic services for family engagement in education.
       ``(4) A description of the applicant's demonstrated 
     experience in providing training, information, and support to 
     State educational agencies, local educational agencies, 
     schools, educators, parents, and organizations on family 
     engagement in education policies and practices that are 
     effective for parents (including low-income parents) and 
     families, English learners, minorities, parents of students 
     with disabilities, parents of homeless students, foster 
     parents and students, and parents of migratory students, 
     including evaluation results, reporting, or other data 
     exhibiting such demonstrated experience.
       ``(5) An assurance that the applicant will--
       ``(A) establish a special advisory committee, the 
     membership of which includes--
       ``(i) parents, who shall constitute a majority of the 
     members of the special advisory committee;
       ``(ii) representatives of education professionals with 
     expertise in improving services for disadvantaged children;
       ``(iii) representatives of local elementary schools and 
     secondary schools, including students;
       ``(iv) representatives of the business community; and
       ``(v) representatives of State educational agencies and 
     local educational agencies;
       ``(B) use not less than 65 percent of the funds received 
     under this part in each fiscal year to serve local 
     educational agencies, schools, and community-based 
     organizations that serve high concentrations of disadvantaged 
     students, including English learners, minorities, parents of 
     students with disabilities, parents of homeless students, 
     foster parents and students, and parents of migratory 
     students;
       ``(C) operate a Statewide Family Engagement Center of 
     sufficient size, scope, and quality to ensure that the Center 
     is adequate to serve the State educational agency, local 
     educational agencies, and community-based organizations;

[[Page 2973]]

       ``(D) ensure that the Center will retain staff with the 
     requisite training and experience to serve parents in the 
     State;
       ``(E) serve urban, suburban, and rural local educational 
     agencies and schools;
       ``(F) work with--
       ``(i) other Statewide Family Engagement Centers assisted 
     under this part; and
       ``(ii) parent training and information centers and 
     community parent resource centers assisted under sections 671 
     and 672 of the Individuals with Disabilities Education Act;
       ``(G) use not less than 30 percent of the funds received 
     under this part for each fiscal year to establish or expand 
     technical assistance for evidence-based parent education 
     programs;
       ``(H) provide assistance to State educational agencies and 
     local educational agencies and community-based organizations 
     that support family members in supporting student academic 
     achievement;
       ``(I) work with State educational agencies, local 
     educational agencies, schools, educators, and parents to 
     determine parental needs and the best means for delivery of 
     services to address such needs; and
       ``(J) conduct sufficient outreach to assist parents, 
     including parents who the applicant may have a difficult time 
     engaging with a school or local educational agency.

     ``SEC. 5704. USES OF FUNDS.

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

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

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

     ``SEC. 5706. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $30,000,000 for fiscal year 2016 and such sums as may be 
     necessary for subsequent fiscal years.''.

                   Subtitle E--Fast Track to College

     SEC. 531. SHORT TITLE.

       This subtitle may be cited as the ``Fast Track to College 
     Act of 2013''.

     SEC. 532. PURPOSE.

       The purpose of this subtitle is to increase secondary 
     school graduation rates and the percentage of students who 
     complete a recognized postsecondary credential by the age of 
     26, including among low-income students and students from 
     other populations underrepresented in higher education.

     SEC. 533. DEFINITIONS.

       For purposes of this subtitle:
       (1) Dual enrollment program.--The term ``dual enrollment 
     program'' means an academic program through which a secondary 
     school student is able simultaneously to earn credit toward a 
     secondary school diploma and a postsecondary degree or 
     credential.
       (2) Early college high school.--The term ``early college 
     high school'' means a secondary school that provides a course 
     of study that enables a student to earn a secondary school 
     diploma and either an associate's degree or one to two years 
     of postsecondary credit toward a postsecondary degree or 
     credential.
       (3) Educational service agency.--The term ``educational 
     service agency'' has the meaning given such term in section 
     9101(17) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801(17)).
       (4) Eligible entity.--The term ``eligible entity'' means a 
     local educational agency, which may be an educational service 
     agency, in a collaborative partnership with an institution of 
     higher education. Such partnership also may include other 
     entities, such as a nonprofit organization with experience in 
     youth development.
       (5) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 101 of the Higher Education Act of 1965 
     (20 U.S.C. 1001).
       (6) Local educational agency.--The term ``local educational 
     agency'' has the meaning given such term in section 9101(26) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7801(26)).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (8) Low-income student.--The term ``low-income student'' 
     means a student described in section 1113(a)(5) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6313(a)(5)).

     SEC. 534. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.

       (a) In General.--To carry out this subtitle, there are 
     authorized to be appropriated $150,000,000 for fiscal year 
     2014 and such sums as may be necessary for each of fiscal 
     years 2015 through 2019.
       (b) Early College High Schools.--The Secretary shall 
     reserve not less than 45 percent of the funds appropriated 
     under subsection (a) to support early college high schools 
     under section 535.
       (c) Dual Enrollment Programs.--The Secretary shall reserve 
     not less than 45 percent of such funds to support dual 
     enrollment programs (other than early college high schools) 
     under section 535.
       (d) State Grants.--The Secretary shall reserve 10 percent 
     of such funds, or $10,000,000, whichever is less, for grants 
     to States under section 539.

     SEC. 535. AUTHORIZED PROGRAM.

       (a) In General.--The Secretary is authorized to award 6-
     year grants to eligible entities seeking to establish a new, 
     or support an existing, early college high school or other 
     dual enrollment program in accordance with section 536.
       (b) Grant Amount.--The Secretary shall ensure that grants 
     are of sufficient size to enable grantees to carry out all 
     required activities and otherwise meet the purposes of this 
     subtitle, except that a grant under this section may not 
     exceed $2,000,000.
       (c) Matching Requirement.--
       (1) In general.--An eligible entity shall contribute 
     matching funds toward the costs of the early college high 
     school or other dual enrollment program to be supported under 
     this section, of which not less than half shall be from non-
     Federal sources, which funds shall represent not less than 
     the following:
       (A) Twenty percent of the grant amount received in each of 
     the first and second years of the grant.
       (B) Thirty percent in each of the third and fourth years.
       (C) Forty percent in the fifth year.
       (D) Fifty percent in the sixth year.
       (2) Determination of amount contributed.--The Secretary 
     shall allow an eligible entity to satisfy the requirement of 
     this subsection through in-kind contributions.
       (d) Supplement, Not Supplant.--An eligible entity shall use 
     a grant received under this section only to supplement funds 
     that would, in the absence of such grant, be made available 
     from non-Federal funds for support

[[Page 2974]]

     of the activities described in the eligible entity's 
     application under section 537, and not to supplant such 
     funds.
       (e) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to applicants--
       (1) that propose to establish or support an early college 
     high school or other dual enrollment program that will serve 
     a student population of which 0 percent or more are students 
     counted under section 1113(a)(5) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)); and
       (2) from States that provide assistance to early college 
     high schools or other dual enrollment programs, such as 
     assistance to defray the costs of higher education (including 
     costs of tuition, fees, and textbooks).
       (f) Geographic Distribution.--The Secretary shall, to the 
     maximum extent practicable, ensure that grantees are from a 
     representative cross-section of urban, suburban, and rural 
     areas.

     SEC. 536. USES OF FUNDS.

       (a) Mandatory Activities.--An eligible entity shall use 
     grant funds received under section 535 to support the 
     activities described in its application under section 537, 
     including the following:
       (1) Planning year.--In the case of a new early college high 
     school or dual enrollment program, during the first year of 
     the grant--
       (A) hiring a principal and staff, as appropriate;
       (B) designing the curriculum and sequence of courses in 
     collaboration with (at a minimum) teachers from the local 
     educational agency and faculty from the partner institution 
     of higher education;
       (C) informing parents and the community about the school or 
     program and opportunities to become actively involved in the 
     school or program;
       (D) establishing a course articulation process for defining 
     and approving courses for secondary school and postsecondary 
     credit or credential;
       (E) outreach programs to ensure that secondary school 
     students and their families are aware of the early college 
     high school or dual enrollment program;
       (F) liaison activities among partners in the eligible 
     entity; and
       (G) coordinating secondary and postsecondary support 
     services, academic calendars, and transportation.
       (2) Implementation period.--During the remainder of the 
     grant period--
       (A) academic and social support services, including 
     counseling;
       (B) liaison activities among partners in the eligible 
     entity;
       (C) data collection and use of such data for student and 
     instructional improvement and program evaluation;
       (D) outreach programs to ensure that secondary school 
     students and their families are aware of the early college 
     high school or dual enrollment program;
       (E) professional development, including joint professional 
     development for secondary school and faculty from the 
     institution of higher education; and
       (F) school or program design and planning team activities, 
     including curriculum development.
       (b) Allowable Activities.--An eligible entity may also use 
     grant funds received under section 535 otherwise to support 
     the activities described in its application under section 
     537, including--
       (1) purchasing textbooks and equipment that support the 
     school or program's curriculum;
       (2) developing learning opportunities for students that 
     complement classroom experiences, such as internships, 
     career-based capstone projects, and opportunities provided 
     under chapters 1 and 2 of subpart 2 of part A of title IV of 
     the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et 
     seq.);
       (3) transportation; and
       (4) planning time for secondary school and educators from 
     an institution of higher education to collaborate.

     SEC. 537. APPLICATION.

       (a) In General.--To receive a grant under section 535, an 
     eligible entity shall submit to the Secretary an application 
     at such time, in such manner, and including such information 
     as the Secretary determines to be appropriate.
       (b) Contents of Application.--At a minimum, the application 
     described in subsection (a) shall include a description of--
       (1) the early college high school's or other dual 
     enrollment program's budget;
       (2) each partner in the eligible entity and its experience 
     with early college high schools or other dual enrollment 
     programs, key personnel from each partner and their 
     responsibilities for the early college high school or dual 
     enrollment program, and how the eligible entity will work 
     with secondary and postsecondary teachers, other public and 
     private entities, community-based organizations, businesses, 
     labor organizations, and parents to ensure that students will 
     be prepared to succeed in postsecondary education and 
     employment, which may include the development of an advisory 
     board;
       (3) how the eligible entity will target and recruit at-risk 
     youth, including those at
     risk of dropping out of school, first generation college 
     students, and students from populations described in section 
     1111(b)(2)(C)(v)(II) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II));
       (4) a system of student supports including, but not limited 
     to, small group activities, tutoring, literacy and numeracy 
     skill development in all academic disciplines, parental and 
     community outreach and engagement, extended learning time, 
     and college readiness activities, such as early college 
     academic seminars and counseling;
       (5) in the case of an early college high school, how a 
     graduation and career plan will be developed, consistent with 
     State graduation requirements, for each student and reviewed 
     each semester;
       (6) how parents or guardians of students in the early 
     college high school or dually enrolled students will be 
     informed of their academic performance and progress and, 
     subject to paragraph (5), involved in the development of 
     their career and graduation plan;
       (7) coordination that will occur between the institution of 
     higher education and the local educational agency, including 
     regarding academic calendars, provision of student services, 
     curriculum development, and professional development;
       (8) how the eligible entity will ensure that teachers in 
     the early college high school or other dual enrollment 
     program receive appropriate professional development and 
     other supports, including to enable them to utilize effective 
     parent and community engagement strategies, and help English-
     language learners, students with disabilities, and students 
     from diverse cultural backgrounds to succeed;
       (9) learning opportunities for students that complement 
     classroom experiences, such as internships, career-based 
     capstone projects, and opportunities provided under chapters 
     1 and 2 of subpart 2 of part A of title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070a-11 et seq.);
       (10) how policies, agreements, and courses taken will 
     ensure that postsecondary credits earned will be transferable 
     to, at a minimum, public institutions of higher education 
     within the State, consistent with existing statewide 
     articulation agreements;
       (11) student assessments and other measurements of student 
     achievement including benchmarks for student achievement;
       (12) outreach programs to provide elementary and secondary 
     school students, especially those in middle grades, and their 
     parents, teachers, school counselors, and principals 
     information about and academic preparation for the early 
     college high school or other dual enrollment program;
       (13) how the local educational agency and institution of 
     higher education will work together, as appropriate, to 
     collect and use data for student and instructional 
     improvement and program evaluation;
       (14) how the eligible entity will help students meet 
     eligibility criteria for postsecondary courses and ensure 
     that students understand how their credits will transfer; and
       (15) how the eligible entity will access and leverage 
     additional resources necessary to sustain the early college 
     high school or other dual enrollment program after the grant 
     expires, including by engaging businesses and non-profit 
     organizations.
       (c) Assurances.--An eligible entity's application under 
     subsection (a) shall include assurances that--
       (1) in the case of an early college high school, the 
     majority of courses offered, including postsecondary courses, 
     will be offered at facilities of the institution of higher 
     education;
       (2) students will not be required to pay tuition or fees 
     for postsecondary courses;
       (3) postsecondary credits earned will be transcribed upon 
     completion of the requisite course work; and
       (4) faculty teaching postsecondary courses meet the normal 
     standards for faculty established by the institution of 
     higher education.
       (d) Waiver.--The Secretary may waive the requirement of 
     subsection (c)(1) upon a showing that it is impractical to 
     apply due to geographic considerations.

     SEC. 538. PEER REVIEW.

       (a) Peer Review of Applications.--The Secretary shall 
     establish peer review panels to review applications submitted 
     pursuant to section 537 to advise the Secretary regarding 
     such applications.
       (b) Composition of Peer Review Panels.--The Secretary shall 
     ensure that each peer review panel is not comprised wholly of 
     full-time officers or employees of the Federal Government and 
     includes, at a minimum--
       (1) experts in the establishment and administration of 
     early college high schools or other dual enrollment programs 
     from the secondary and postsecondary perspective;
       (2) faculty at institutions of higher education and 
     secondary school teachers with expertise in dual enrollment; 
     and
       (3) experts in the education of at-risk students.

     SEC. 539. GRANTS TO STATES.

       (a) In General.--The Secretary is authorized to award 5-
     year grants to State agencies responsible for secondary or 
     postsecondary education for efforts to support or establish 
     early college high schools or other dual enrollment programs.
       (b) Grant Amount.--The Secretary shall ensure that grants 
     are of sufficient size to enable grantees to carry out all 
     required activities.

[[Page 2975]]

       (c) Matching Requirement.--A State shall contribute 
     matching funds from non-Federal sources toward the costs of 
     carrying out activities under this section, which funds shall 
     represent not less than 50 percent of the grant amount.
       (d) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to States that provide 
     assistance to early college high schools or other dual 
     enrollment programs, such as assistance to defray the costs 
     of higher education, such as tuition, fees, and textbooks.
       (e) Application.--To receive a grant under this section, a 
     State agency shall submit to the Secretary an application at 
     such time, in such manner, and including such information as 
     the Secretary determines to be appropriate.
       (f) Contents of Application.--At a minimum, the application 
     described in subsection (e) shall include--
       (1) how the State will carry out all of the required State 
     activities described in subsection (g);
       (2) how the State will identify and eliminate barriers to 
     implementing effective early college high schools and dual 
     enrollment programs after the grant expires, including by 
     engaging businesses and non-profit organizations;
       (3) how the State will access and leverage additional 
     resources necessary to sustain early college high schools or 
     other dual enrollment programs; and
       (4) such other information as the Secretary determines to 
     be appropriate.
       (g) State Activities.--A State receiving a grant under this 
     section shall use such funds for--
       (1) creating outreach programs to ensure that secondary 
     school students, their families, and community members are 
     aware of early college high schools and dual enrollment 
     programs in the State;
       (2) planning and implementing a statewide strategy for 
     expanding access to early college high schools and dual 
     enrollment programs for students who are underrepresented in 
     higher education to raise statewide rates of secondary school 
     graduation, readiness for postsecondary education, and 
     completion of postsecondary degrees and credentials, with a 
     focus on at-risk students, including identifying any 
     obstacles to such a strategy under State law or policy;
       (3) providing technical assistance to early college high 
     schools and other dual enrollment programs, such as brokering 
     relationships and agreements that forge a strong partnership 
     between elementary and secondary and postsecondary partners;
       (4) identifying policies that will improve the 
     effectiveness and ensure the quality of early college high 
     schools and dual enrollment programs, such as access, 
     funding, data and quality assurance, governance, 
     accountability and alignment policies;
       (5) planning and delivering statewide training and peer 
     learning opportunities for school leaders and teachers from 
     early college high schools and dual enrollment programs, 
     which may include providing instructional coaches who offer 
     on-site guidance;
       (6) disseminating best practices in early college high 
     schools and dual enrollment programs from across the State 
     and from other States; and
       (7) facilitating statewide data collection, research and 
     evaluation, and reporting to policymakers and other 
     stakeholders.

     SEC. 540. REPORTING AND OVERSIGHT.

       (a) Reporting by Grantees.--
       (1) In general.--The Secretary shall establish uniform 
     guidelines for all grantees concerning information such 
     grantees annually shall report to the Secretary to 
     demonstrate a grantee's progress toward achieving the goals 
     of this subtitle.
       (2) Contents of report.--At a minimum, the report described 
     in paragraph (1) shall include, for eligible entities 
     receiving funds under section 535, for students participating 
     in the early college high school or other dual enrollment 
     program within each category of students described in section 
     1111(h)(1)(C)(i) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C.6311(h)(1)(C)(i)):
       (A) The number of students.
       (B) The percentage of students scoring advanced, 
     proficient, basic, and below basic on the assessments 
     described in section 1111(b)(3) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)).
       (C) The performance of students on other assessments or 
     measurements of achievement.
       (D) The number of secondary school credits earned.
       (E) The number of postsecondary credits earned.
       (F) Attendance rate, as appropriate.
       (G) Graduation rate.
       (H) Placement in postsecondary education or advanced 
     training, in military service, and in employment.
       (I) A description of the school or program's student, 
     parent, and community outreach and engagement.
       (b) Reporting by Secretary.--The Secretary annually shall 
     compile and analyze the information described in subsection 
     (a) and shall submit a report containing such analysis to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Education and Labor of the House 
     of Representatives. The report shall include identification 
     of best practices for achieving the goals of this subtitle.
       (c) Monitoring Visits.--The Secretary's designee shall 
     visit each grantee at least once for the purpose of helping 
     the grantee achieve the goals of this subtitle and to monitor 
     the grantee's progress toward achieving such goals.
       (d) National Evaluation.--Not later than 6 months after the 
     date on which funds are appropriated to carry out this 
     subtitle, the Secretary shall enter into a contract with an 
     independent organization to perform an evaluation of the 
     grants awarded under this subtitle. Such evaluation shall 
     apply rigorous procedures to obtain valid and reliable data 
     concerning participants' outcomes by social and academic 
     characteristics and monitor the progress of students from 
     secondary school to and through postsecondary education.
       (e) Technical Assistance.--The Secretary shall provide 
     technical assistance to eligible entities concerning best 
     practices in early college high schools and dual enrollment 
     programs and shall disseminate such best practices among 
     eligible entities and State and local educational agencies.

     SEC. 541. RULES OF CONSTRUCTION.

       (a) Employees.--Nothing in this subtitle shall be construed 
     to alter or otherwise affect the rights, remedies, and 
     procedures afforded to the employees of local educational 
     agencies (including schools) or institutions of higher 
     education under Federal, State, or local laws (including 
     applicable regulations or court orders) or under the terms of 
     collective bargaining agreements, memoranda of understanding, 
     or other agreements between such employees and their 
     employers.
       (b) Graduation Rate.--A student who graduates from an early 
     college high school supported under this subtitle in the 
     standard number of years for graduation described in the 
     eligible entity's application shall be considered to have 
     graduated on time for purposes of section 1111(b)(2)(C)(6) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(2)(C)(6)).

                TITLE VI--FLEXIBILITY AND ACCOUNTABILITY

     SEC. 601. FLEXIBILITY AND ACCOUNTABILITY.

       Title VI (20 U.S.C. 7301 et seq.), as amended by section 
     110(b), is further amended by amending section 6234--
       (1) by striking ``fiscal year 2002'' and inserting ``fiscal 
     year 2016''; and
       (2) by striking ``, to be distributed equally between 
     subparts 1 and 2''.

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

     SEC. 701. IN GENERAL.

       Title VII (20 U.S.C. 7401 et seq.) is amended--
       (1) by striking ``Bureau of Indian Affairs'' each place it 
     appears and inserting ``Bureau of Indian Education'';
       (2) by striking ``No Child Left Behind Act of 2001'' each 
     place it appears and insert ``Student Success Act''; and
       (3) in sections 7152, 7205(c), and 7304(d)(1), by striking 
     ``fiscal year 2002'' each place it appears and inserting 
     ``fiscal year 2016''.

                      Subtitle A--Indian Education

     SEC. 711. PURPOSE.

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

     ``SEC. 7102. PURPOSE.

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

          PART 1--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

     SEC. 721. FORMULA GRANT PURPOSE.

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

     ``SEC. 7111. PURPOSE.

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

[[Page 2976]]

       ``(4) the training of Indian persons as educators and 
     counselors, and in other professions serving Indian people; 
     and
       ``(5) research, evaluation, data collection, and technical 
     assistance.''.

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

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

     SEC. 723. AMOUNT OF GRANTS.

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

     SEC. 724. APPLICATIONS.

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

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

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

       (I) by adding at the end the following:

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

     SEC. 725. AUTHORIZED SERVICES AND ACTIVITIES.

       Section 7115 (20 U.S.C. 7425) is amended--
       (1) in subsection (b)--
       (A) by inserting before paragraph (2) the following:
       ``(1) activities that support Native American language 
     immersion programs and Native American language restoration 
     programs,'';
       (B) in paragraph (3), by striking ``challenging State 
     academic content and student academic achievement standards'' 
     and inserting ``college and career ready State academic 
     content and student academic achievement standards under 
     section 1111(b)'';
       (C) by striking paragraph (4) and inserting the following:
       ``(4) integrated educational services in combination with 
     other programs to meet the unique needs of Indian children 
     and their families, including programs that promote parental 
     involvement--
       ``(A) in school activities; and
       ``(B) to increase student achievement;'';
       (D) by striking paragraph (6) and inserting the following:
       ``(6) activities that educate individuals so as to prevent 
     violence, suicide, and substance abuse;'';
       (E) by striking paragraph (9) and inserting the following:
       ``(9) 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 the college and career ready 
     State academic

[[Page 2977]]

     achievement standards under section 1111(b);''; and
       (F) in paragraph (11) by striking ``children,'' and all 
     that follows through the period and inserting ``children;''; 
     and
       (G) by adding at the end the following:
       ``(12) dropout prevention strategies for Indian and Alaska 
     Native students; and
       ``(13) 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.''.
       (2) in subsection (c) by adding at the end the following:
       ``(3) the local educational agency identifies in its 
     application how the use of such funds in a schoolwide program 
     will produce benefits to the Indian students that would not 
     be achieved if the funds were not used in a schoolwide 
     program.''.

     SEC. 726. STUDENT ELIGIBILITY FORMS.

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

     SEC. 727. TECHNICAL ASSISTANCE.

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

     ``SEC. 7120. TECHNICAL ASSISTANCE.

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

     SEC. 728. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN 
                   CHILDREN.

       Section 7121(c)(1)(G) (20 U.S.C. 7441(c)(1)(G)) is amended 
     to read as follows:
       ``(G) high-quality early childhood education programs that 
     support children's school readiness, including kindergarten 
     and prekindergarten programs, family-based preschool 
     programs, and the provision of services to Indian children 
     with disabilities;''.

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

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

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

                      PART 3--NATIONAL ACTIVITIES

     SEC. 741. NATIONAL ACTIVITIES.

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

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

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

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

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

[[Page 2978]]

       ``(2) Exception.--An elementary school or secondary school 
     for Indian students that receives funds from a recipient of a 
     grant under subsection (c) for any fiscal year may use not 
     more than 10 percent of the funds for administrative 
     purposes.

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

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

     Subtitle B--Native Hawaiian Education; Alaska Native Education

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

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

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

     SEC. 752. FINDINGS.

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

     ``SEC. 7202. FINDINGS.

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

     SEC. 753. PURPOSES.

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

     ``SEC. 7203. PURPOSES.

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

     SEC. 754. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.

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

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

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

[[Page 2979]]

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

     SEC. 755. GRANT PROGRAM AUTHORIZED.

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

     ``SEC. 7205. GRANT PROGRAM AUTHORIZED.

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

[[Page 2980]]

     funds made available to carry out this section as of the day 
     before the date of enactment of the Student Success Act shall 
     remain available until expended. The Secretary may use such 
     funds to support the following:
       ``(1) The repair and renovation of public schools that 
     serve high concentrations of Native Hawaiian students.
       ``(2) The perpetuation of, and expansion of access to, 
     Hawaiian culture and history, such as through digital 
     archives.
       ``(3) Informal education programs that promote traditional 
     Hawaiian knowledge, science, astronomy, and the environment 
     through State museums or learning centers.
       ``(4) Public charter schools serving high concentrations of 
     Native Hawaiian students.
       ``(e) Administrative Costs.--
       ``(1) In general.--Except as provided in paragraph (2), not 
     more than 5 percent of funds provided to a recipient of a 
     grant or contract under this section for any fiscal year may 
     be used for administrative purposes.
       ``(2) Exception.--The Secretary may waive the requirement 
     of paragraph (1) for a nonprofit entity that receives funding 
     under this section and allow not more than 10 percent of 
     funds provided to such nonprofit entity under this section 
     for any fiscal year to be used for administrative 
     purposes.''.

     SEC. 756. ADMINISTRATIVE PROVISIONS; AUTHORIZATION OF 
                   APPROPRIATIONS.

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

     ``SEC. 7206. ADMINISTRATIVE PROVISIONS.

       ``(a) Application Required.--No grant may be made under 
     this part, and no contract may be entered into under this 
     part, unless the entity seeking the grant or contract submits 
     an application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     determine to be necessary to carry out the provisions of this 
     part.
       ``(b) Direct Grant Applications.--The Secretary shall 
     provide a copy of all direct grant applications to the 
     Education Council.
       ``(c) Supplement Not Supplant.--
       ``(1) In general.--Except as provided in paragraph (2), 
     funds made available under this part shall be used to 
     supplement, and not supplant, any State or local funds used 
     to achieve the purposes of this part.
       ``(2) Exception.--Paragraph (1) shall not apply to any 
     nonprofit entity or Native Hawaiian community-based 
     organization that receives a grant or other funds under this 
     part.
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section, and sections 7204 and 7205, such 
     sums as may be necessary for fiscal year 2016 and each of the 
     5 succeeding fiscal years.
       ``(2) Reservation.--Of the funds appropriated under this 
     subsection, the Secretary shall reserve, for each fiscal year 
     after the date of enactment of the Student Success Act not 
     less than $500,000 for the grant to the Education Council 
     under section 7204.
       ``(3) Availability.--Funds appropriated under this 
     subsection shall remain available until expended.''.

     SEC. 757. DEFINITIONS.

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

     SEC. 758. ALASKA NATIVE EDUCATION.

       (a) In General.--Subpart B of title VII (20 U.S.C. 7511 et 
     seq.) is further amended by adding at the end the following:

                  ``Subpart C--Alaska Native Education

     ``SEC. 7301. SHORT TITLE.

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

     ``SEC. 7302. 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 Native 
     peoples in the planning and the management of Alaska Native 
     education programs and to support efforts developed by and 
     undertaken within the Alaska Native community to improve 
     educational opportunity for all students.
       ``(2) Many Alaska Native children enter and exit school 
     with serious educational disadvantages.
       ``(3) Overcoming the magnitude of the geographic 
     challenges, historical inequities, and other barriers to 
     successfully improving educational outcomes for Alaska Native 
     students in rural, village, and urban settings is 
     challenging. Significant disparities between academic 
     achievement of Alaska Native students and non-Native students 
     continues, including lower graduation rates, increased school 
     dropout rates, and lower achievement scores on standardized 
     tests.
       ``(4) The preservation of Alaska Native cultures and 
     languages and the integration of Alaska Native cultures and 
     languages into education, positive identity development for 
     Alaska Native students, and local, place-based, and culture-
     based programming are critical to the attainment of 
     educational success and the long-term well-being of Alaska 
     Native students.
       ``(5) Improving educational outcomes for Alaska Native 
     students increases access to employment opportunities.
       ``(6) The programs and activities authorized under this 
     part give priority to Alaska Native organizations as a means 
     of increasing Alaska 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. 7303. PURPOSES.

       ``The purposes of this part are as follows:
       ``(1) To recognize and address the unique educational needs 
     of Alaska Natives in order to help such students meet State 
     academic content and achievement standards as described in 
     1111(b).
       ``(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 Native people.
       ``(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, 
     implementation, management, and evaluation of programs 
     designed to serve Alaska Natives students, and to ensure 
     Alaska Native organizations play a meaningful role in 
     providing supplemental educational services to Alaska Native 
     students.

     ``SEC. 7304. PROGRAM AUTHORIZED.

       ``(a) General Authority.--
       ``(1) Grants and contracts.--To carry out programs that 
     meet the purposes of this subpart, the Secretary is 
     authorized to make grants to, or enter into contracts with:
       ``(A) Alaska Native Organizations; and
       ``(B) Alaska Native Organizations that are in partnership 
     with State educational agencies and local educational 
     agencies.
       ``(2) 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, 
     strategies, and activities to improve the academic 
     achievement of Alaska Native students by meeting their unique 
     cultural and language needs in order to help such students 
     meet State academic content and achievement standards as 
     described in section 1111(b).
       ``(B) The collection of data to assist in the evaluation of 
     the programs carried out under this part.
       ``(3) Permissible activities.--Activities provided through 
     programs carried out under this part may include the 
     following 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.
       ``(iv) Methods to evaluate teachers' inclusion of diverse 
     Alaska Native cultures in their lesson plans.
       ``(B) Training and professional development activities for 
     educators, including the following:
       ``(i) Pre-service and in-service training and professional 
     development programs to prepare teachers to develop 
     appreciation for, and understanding of, Alaska Native 
     history, cultures, values, ways of knowing and learning in 
     order to effectively address the cultural diversity and 
     unique needs of Alaska Native students and incorporate them 
     into lesson plans.
       ``(ii) Recruitment and preparation of Alaska Natives, and 
     other individuals who live in communities with high a 
     concentration of Alaska Natives, to become teachers.

[[Page 2981]]

       ``(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 such research and evaluation activities related to 
     programs funded under this subpart.
       ``(E) Activities designed to increase Alaska Native 
     students' graduation rates and prepare Alaska Native students 
     to be college or career ready upon graduation from high 
     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 ways 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) instructing Alaska Native youth in leadership, 
     communication, Native culture, music and the arts, and 
     languages;
       ``(III) providing 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;
       ``(V) cultural immersion activities.
       ``(VI) culturally-informed curriculum intended to preserve 
     and promote Alaska Native culture;
       ``(VII) Native language immersion activities; and
       ``(VIII) school-within-a-school model programs.

       ``(G) Student and teacher exchange programs, cross-cultural 
     immersion programs, and culture camps designed to build 
     mutual respect and understanding among participants.
       ``(H) Education programs for at-risk urban Alaska Native 
     students that are designed to improve academic proficiency 
     and graduation rates, utilize strategies otherwise 
     permissible under this subpart, and incorporate a strong data 
     collection and continuous evaluation component.
       ``(I) Programs and strategies that provide technical 
     assistance and support to schools and communities to engage 
     adults in promoting the academic progress and overall well-
     being of Alaska Native people such as through 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.
       ``(J) 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.
       ``(K) 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.
       ``(L) 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.
       ``(M) Strategies designed to increase parents' involvement 
     in their children's education.
       ``(N) other activities consistent with the purpose of this 
     part, to meet the educational needs of Alaska Native children 
     and adults.
       ``(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) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this part such 
     sums as may be necessary for the fiscal years 2016 through 
     2020.

     ``SEC. 7305. 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 seeking the grant or contract 
     submits an application to the Secretary in such time, in such 
     manner, and containing such information as the Secretary may 
     determine necessary to carry out the provisions of this part.
       ``(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.
       ``(d) Continuation Awards.--An applicant described in 
     section 6204(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 play 
     the lead role in its partnership and in the implementation 
     and evaluation of the funded program.

     ``SEC. 7306. 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 
     0rganization' means a federally recognized tribe or a tribal 
     organization (as the terms are defined by the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b)), 
     and a consortium of such entities, that--
       ``(A) has expertise or traditional knowledge that is 
     relevant to the purposes and activities described in this 
     part; and
       ``(B) has Alaska Native people in substantive, 
     policymaking, and leadership positions within the 
     organization.''.
       (b) Conforming Amendment.--Part C of title VII (20 U.S.C. 
     7541 et seq.) is repealed.

                         TITLE VIII--IMPACT AID

     SEC. 801. PURPOSE.

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

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

       Section 8002 (20 U.S.C. 7702) is amended--
       (1) in subsection (b)(1)(B), by striking ``section 
     8014(a)'' and inserting ``section 3(d)(1)''; and
       (2) by amending subsection (f) to read as follows:
       ``(f) Special Rule.--Beginning with fiscal year 2016, a 
     local educational agency shall be deemed to meet the 
     requirements of subsection (a)(1)(C) if records to determine 
     eligibility under such subsection were destroyed prior to 
     fiscal year 2000 and the agency received funds under 
     subsection (b) in the previous year.'';
       (3) by amending subsection (g) to read as follows:
       ``(g) Former Districts.--
       ``(1) Consolidations.--For fiscal year 2006 and each 
     succeeding fiscal year, if a local educational agency 
     described in paragraph (2) is formed at any time after 1938 
     by the consolidation of two or more former school districts, 
     the local educational agency may elect to have the Secretary 
     determine its eligibility and any amount for which the local 
     educational agency is eligible under this section for such 
     fiscal year on the basis of one or more of those former 
     districts, as designated by the local educational agency.
       ``(2) Eligible local educational agencies.--A local 
     educational agency described in this paragraph is--
       ``(A) any local educational agency that, for fiscal year 
     1994 or any preceding fiscal year, applied for, and was 
     determined to be eligible under section 2(c) of the Act of 
     September 30, 1950 (Public Law 874, 81st Congress) as that 
     section was in effect for that fiscal year; or
       ``(B) a local educational agency formed by the 
     consolidation of 2 or more school districts, at least one of 
     which was eligible for assistance under this section for the 
     fiscal year preceding the year of the consolidation, if--
       ``(i) for fiscal years 2006 through 2015, the local 
     educational agency notifies the Secretary not later than 30 
     days after the date of enactment of the Student Success Act 
     of the designation described in paragraph (1); and
       ``(ii) for fiscal year 2016, and each subsequent fiscal 
     year, the local educational agency includes the designation 
     in its application under section 8005 or any timely amendment 
     to such application.
       ``(3) Availability of funds.--Notwithstanding any other 
     provision of law limiting the period during which the 
     Secretary may obligate funds appropriated for any fiscal year 
     after fiscal year 2005, the Secretary may obligate funds 
     remaining after final payments have been made for any of such 
     fiscal years to carry out this subsection.'';
       (4) in subsection (h)--
       (A) in paragraph (2)--
       (i) in subparagraph (C)(ii), by striking ``section 
     8014(a)'' and inserting ``section 3(d)(1)''; and
       (ii) in subparagraph (D), by striking ``section 8014(a)'' 
     and inserting ``section 3(d)(1)''; and
       (B) in paragraph (4), by striking ``Impact Aid Improvement 
     Act of 2012'' and inserting ``Student Success Act'';
       (5) by repealing subsection (k);
       (6) by redesignating subsection (l) as subsection (k);
       (7) by amending subsection (k) (as so redesignated) by 
     striking ``(h)(4)(B)'' and inserting ``(h)(2)'';
       (8) by repealing subsection (m); and
       (9) by redesignating subsection (n) as subsection (j).

[[Page 2982]]



     SEC. 803. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

       (a) Computation of Payment.--Section 8003(a) (20 U.S.C. 
     7703(a)) is amended--
       (1) in the matter preceding subparagraph (A) of paragraph 
     (1), by inserting after ``schools of such agency'' the 
     following: ``(including those children enrolled in such 
     agency as a result of the open enrollment policy of the State 
     in which the agency is located, but not including children 
     who are enrolled in a distance education program at such 
     agency and who are not residing within the geographic 
     boundaries of such agency)''; and
       (2) in paragraph (5)(A), by striking ``1984'' and all that 
     follows through ``situated'' and inserting ``1984, or under 
     lease of off-base property under subchapter IV of chapter 169 
     of title 10, United States Code, to be children described 
     under paragraph (1)(B) if the property described is within 
     the fenced security perimeter of the military facility or 
     attached to and under any type of force protection agreement 
     with the military installation upon which such housing is 
     situated.''
       (b) Basic Support Payments for Heavily Impacted Local 
     Educational Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is 
     amended--
       (1) by striking ``section 8014(b)'' each place it appears 
     and inserting ``section 3(d)(2)'';
       (2) in paragraph (1), by repealing subparagraph (E);
       (3) in paragraph (2)--
       (A) in subparagraph (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 5,000 of such children are children 
     described in subparagraphs (A) and (B) of subsection (a)(1); 
     or

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

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

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

       (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:
       ``(ii)(I)(aa) For a local educational agency with respect 
     to which 35 percent or more of the total student enrollment 
     of the schools of the agency are children described in 
     subparagraph (D) or (E) (or a combination thereof) of 
     subsection (a)(1), and that has an enrollment of children 
     described in subparagraphs (A), (B), or (C) of such 
     subsection equal to at least 10 percent of the agency's total 
     enrollment, the Secretary shall calculate the weighted 
     student units of those children described in subparagraph (D) 
     or (E) of such subsection by multiplying the number of such 
     children by a factor of 0.55.
       ``(bb) Notwithstanding subitem (aa), a local educational 
     agency that received a payment under this paragraph for 
     fiscal year 2012 shall not be required to have an enrollment 
     of children described in subparagraphs (A), (B), or (C) of 
     subsection (a)(1) equal to at least 10 percent of the 
     agency's total enrollment.''; and
       (iv) by amending subclause (III) of clause (ii) by striking 
     ``(B)(i)(II)(aa)'' and inserting ``subparagraph (B)(i)(I)'';
       (E) in subparagraph (D)(i)(II) (as so redesignated), by 
     striking ``6,000'' and inserting ``5,000'';
       (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)--
       (i) by striking ``subparagraph (C)(i)(II)(bb)'' and 
     inserting ``subparagraph (B)(i)(II)(bb)(BB)''; and
       (ii) by amending clause (ii) to read as follows:
       ``(ii) beginning in fiscal year 2010, a local educational 
     agency shall be deemed to meet the average tax rate 
     requirements for general fund purposes of this paragraph if 
     the average tax rate calculation submitted to the Department 
     by the agency has been--

       ``(I) calculated by the State educational agency in which 
     the applying agency resides to meet the - requirements of 
     this paragraph for average tax rate for general fund 
     purposes; and
       ``(II) the Department accepted calculation of average tax 
     rate for general fund purposes from the state educational 
     agency on behalf of the applying agency in at least 5 prior 
     years.
       ``(III) notwithstanding any other provision of law limiting 
     the period during which the Secretary may obligate funds 
     appropriated for any fiscal year after 2010, the Secretary 
     may obligate funds remaining after final payments have been 
     made from any funds of such fiscal years in order to carry 
     out this subparagraph.''.

       (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 
     enactment of the Student Success Act) for students in grades 
     9 through 12, the Secretary shall, in calculating the

[[Page 2983]]

     agency's payment, consider only that portion of such agency's 
     total enrollment of students in grades 9 through 12 when 
     calculating the percentage under clause (i)(I) and only that 
     portion of the total current expenditures attributed to the 
     operation of grades 9 through 12 in such agency when 
     calculating the percentage under clause (i)(II).''; and
       (ii) by adding at the end the following:
       ``(v) In the case of a local educational agency that is 
     providing a program of distance education to children not 
     residing within the geographic boundaries of the agency, the 
     Secretary shall--
       ``(I) for purposes of the calculation under clause (i)(I), 
     disregard such children from the total number of children in 
     average daily attendance at the schools served by such 
     agency; and
       ``(II) for purposes of the calculation under clause 
     (i)(II), disregard any funds received for such children from 
     the total current expenditures for such agency.'';
       (B) in subparagraph (C), by striking ``subparagraph (D) or 
     (E) of paragraph (2), as the case may be'' and inserting 
     ``paragraph (2)(D)''; and
       (C) by amending subparagraph (D) to read as follows:
       ``(D) Ratable distribution.--For any fiscal year described 
     in subparagraph (A) for which the sums available exceed the 
     amount required to pay each local educational agency 100 
     percent of its threshold payment, the Secretary shall 
     distribute the excess sums to each eligible local educational 
     agency that has not received its full amount computed under 
     paragraph (1) or (2) (as the case may be) by multiplying--
       ``(i) a percentage, the denominator of which is the 
     difference between the full amount computed under paragraph 
     (1) or (2) (as the case may be) for all local educational 
     agencies and the amount of the threshold payment (as 
     calculated under subparagraphs (B) and (C)) of all local 
     educational agencies, and the numerator of which is the 
     aggregate of the excess sums, by;
       ``(ii) the difference between the full amount computed 
     under paragraph (1) or (2) (as the case may be) for the 
     agency and the amount of the threshold payment as calculated 
     under subparagraphs (B) and (C) of the agency.''; and
       (D) by inserting at the end the following new 
     subparagraphs:
       ``(E) Insufficient payments.--For each fiscal year 
     described in subparagraph (A) for which the sums appropriated 
     under section 3(d)(2) are insufficient to pay each local 
     educational agency all of the local educational agency's 
     threshold payment described in subparagraph (D), the 
     Secretary shall ratably reduce the payment to each local 
     educational agency under this paragraph.
       ``(F) Increases.--If the sums appropriated under section 
     3(d)(2) are sufficient to increase the threshold payment 
     above the 100 percent threshold payment described in 
     subparagraph (D), then the Secretary shall increase payments 
     on the same basis as such payments were reduced, except no 
     local educational agency may receive a payment amount greater 
     than 100 percent of the maximum payment calculated under this 
     subsection.''; and
       (5) in paragraph (4)--
       (A) in subparagraph (A), by striking ``through (D)'' and 
     inserting ``and (C)''; and
       (B) in subparagraph (B), by striking ``subparagraph (D) or 
     (E)'' and inserting ``subparagraph (C) or (D)''.
       (c) Prior Year Data.--Paragraph (2) of section 8003(c) (20 
     U.S.C. 7703(c)) is amended to read as follows:
       ``(2) Exception.--Calculation of payments for a local 
     educational agency shall be based on data from the fiscal 
     year for which the agency is making an application for 
     payment if such agency--
       ``(A) is newly established by a State, for the first year 
     of operation of such agency only;
       ``(B) was eligible to receive a payment under this section 
     for the previous fiscal year and has had an overall increase 
     in enrollment (as determined by the Secretary in consultation 
     with the Secretary of Defense, the Secretary of the Interior, 
     or the heads of other Federal agencies)--
       ``(i) of not less than 10 percent, or 100 students, of 
     children described in--

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

       ``(ii) that is the direct result of closure or realignment 
     of military installations under the base closure process or 
     the relocation of members of the Armed Forces and civilian 
     employees of the Department of Defense as part of the force 
     structure changes or movements of units or personnel between 
     military installations or because of actions initiated by the 
     Secretary of the Interior or the head of another Federal 
     agency; or
       ``(C) was eligible to receive a payment under this section 
     for the previous fiscal year and has had an increase in 
     enrollment (as determined by the Secretary)--
       ``(i) of not less than 10 percent of children described in 
     subsection (a)(1) or not less than 100 of such children; and
       ``(ii) that is the direct result of the closure of a local 
     educational agency that received a payment under subsection 
     (b)(1) or (b)(2) in the previous fiscal year.''.
       (d) Children With Disabilities.--Section 8003(d)(1) (20 
     U.S.C. 7703(d)) is amended by striking ``section 8014(c)'' 
     and inserting ``section 3(d)(3)''.
       (e) Hold Harmless.--
       (1) In general.--The total amount the Secretary shall pay a 
     local educational agency under subsection (b)--
       (A) beginning in fiscal year 2016 and for any fiscal year 
     thereafter in which a local educational agency's payment is 
     reduced by an amount greater than $5,000,000 or 20 percent 
     from the amount received in the previous fiscal year, the 
     Secretary shall pay a local educational agency for each of 
     the 3 years following the reduction under subsection (b)--
       (i) for the first year shall not be less than 90 percent of 
     the total amount that the local educational agency received 
     under subsection (b)(1) or (b)(2) in the fiscal year prior to 
     the reduction herein referred to as the base year;
       (ii) for the second year shall not be less than 85 percent 
     of the total amount that the local educational agency 
     received under subsection (b)(1) or (b)(2) in the base year; 
     and
       (iii) for the third year shall not be less than 80 percent 
     of the total amount that the local educational agency 
     received under subsection (b) (1) or (b) (2) in the base 
     year.
       (2) Ratable reduction.--
       (A) In general.--If the sums made available under this 
     title for any fiscal year are insufficient to pay the full 
     amounts that all local educational agencies in all States are 
     eligible to receive under paragraph (1) for such year, then 
     the Secretary shall ratably reduce the payments to all such 
     agencies for such year.
       (B) Additional funds.--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.
       (f) Maintenance of Effort.--Section 8003 (20 U.S.C. 7703) 
     is amended by striking subsection (g).

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

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

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

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

     SEC. 806. CONSTRUCTION.

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

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

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

     SEC. 807. FACILITIES.

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

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

       Section 8009 (20 U.S.C. 7709) is amended--
       (1) in subsection (c)(1)(B), by striking ``and contain the 
     information''; and
       (2) in subsection (d)(2)--
       (A) by striking ``A State'' and inserting the following:

[[Page 2984]]

       ``(A) In general.--A State''; and
       (B) by adding at the end of the following:
       ``(B) States that are not equalized states.--A State that 
     has not been approved as an equalized State under subsection 
     (b) shall not consider funds received under section 8002 or 
     section 8003 of this title in any State formula or place a 
     limit or direct the use of such funds for the purposes of 
     determining a local educational agency's fund balance.''.

     SEC. 809. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

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

     SEC. 810. DEFINITIONS.

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

     SEC. 811. AUTHORIZATION OF APPROPRIATIONS.

       Section 8014 (20 U.S.C. 7801) is amended--
       (1) by striking ``2000'' each place it appears and 
     inserting ``2016'';
       (2) by striking ``2001'' and inserting ``2017''; and
       (3) by striking ``2002'' and inserting ``2018''.

     SEC. 812. CONFORMING AMENDMENTS.

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

                      TITLE IX--GENERAL PROVISIONS

     SEC. 900. GENERAL AMENDMENTS.

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

   Subtitle A--Protecting Students From Sexual and Violent Predators

     SEC. 901. BACKGROUND CHECKS.

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

     ``SEC. 9537. CRIMINAL BACKGROUND CHECKS.

       ``(a) In General.--A State educational agency that receives 
     funds under this Act shall have in effect--
       ``(1) requirements, policies, and procedures to require and 
     conduct criminal background checks for each school employee 
     including prospective school employees described in 
     subsection (c)(1); and
       ``(2) prohibit the employment of a school employee as 
     described in subsection (c).
       ``(b) Requirements.--A criminal background check for a 
     school employee under subsection (a) shall include--
       ``(1) a search of the State criminal and sex offender 
     registry or repository in the State where the school employee 
     resides, and each State where such school employee resided 
     during the preceding 5 years;
       ``(2) a search of State-based child abuse and neglect 
     registries and databases in the State where the school 
     employee resides, and each State where such school employee 
     resided during the preceding 5 years;
       ``(3) a search of the National Crime Information Center;
       ``(4) a Federal Bureau of Investigation fingerprint check 
     using the Integrated Automated Fingerprint Identification 
     System; and
       ``(5) a search of the National Sex Offender Registry 
     established under the Adam Walsh Child Protection and Safety 
     Act of 2006 (42 U.S.C. 16901 et seq.).
       ``(c) Prohibitions.--
       ``(1) School employee.--A school employee shall be 
     ineligible for employment by a local educational agency or 
     State educational agency that is receiving funds under this 
     Act if such individual--
       ``(A) refuses to consent to the criminal background check 
     described in subsection (b);
       ``(B) knowingly makes a materially false statement in 
     connection with such criminal background check;
       ``(C) is registered, or is required to be registered, on a 
     State sex offender registry or repository or the National Sex 
     Offender Registry established under the Adam Walsh Child 
     Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); 
     or
       ``(D) has been convicted of a felony consisting of--
       ``(i) murder, as described in section 1111 of title 18, 
     United States Code;
       ``(ii) child abuse or neglect;
       ``(iii) a crime against children, including child 
     pornography;
       ``(iv) spousal abuse;
       ``(v) a crime involving rape or sexual assault;
       ``(vi) kidnapping;
       ``(vii) arson;
       ``(viii) physical assault or battery; or
       ``(ix) a drug-related offense committed during the 
     preceding 5 years; or
       ``(E) has been convicted of a violent misdemeanor committed 
     as an adult against a child, including the following crimes: 
     child abuse, child endangerment, sexual assault, or of a 
     misdemeanor involving child pornography.
       ``(2) State educational agency or local educational 
     agency.--A State educational agency or local educational 
     agency described in paragraph (1) shall be ineligible for 
     assistance under this Act if the agency employs or contracts 
     with a school employee who is ineligible for employment under 
     paragraph (1).
       ``(d) Submission of Requests for Background Checks.--
       ``(1) In general.--A State educational agency or local 
     educational agency covered by subsection (c) shall submit a 
     request, to the appropriate State agency designated by a 
     State, for a criminal background check described in 
     subsection (b), for each school employee.
       ``(2) School employees.--Subject to paragraph (4), in the 
     case of an individual who became a school employee before the 
     date of enactment of the Student Success Act shall submit 
     such a request--
       ``(A) prior to the last day described in subsection (k)(1); 
     and
       ``(B) not less often than once during each 5-year period 
     following the first submission date under this paragraph for 
     that school employee.
       ``(3) Prospective school employees.--Subject to paragraph 
     (4), in the case of an individual who is a prospective school 
     employee on or after that date of enactment, the provider 
     shall submit such a request--
       ``(A) prior to the date the individual becomes a school 
     employee; and
       ``(B) not less than once during each 5-year period 
     following the first submission date under this paragraph for 
     that staff member.
       ``(e) Background Check Results and Appeals.--
       ``(1) Background check results.--The State shall carry out 
     the request of a State educational agency or local 
     educational agency for a criminal background check as 
     expeditiously as possible, but not to exceed 45 days after 
     the date on which such request was submitted, and shall 
     provide the results of the criminal background check to such 
     agency provider and to the school employee staff member.
       ``(2) Privacy.--
       ``(A) In general.--The State shall provide the results of 
     the criminal background check to the State educational agency 
     or local educational agency in a statement that indicates 
     whether a school employee is eligible or ineligible for 
     employment described in subsection (c), without revealing any 
     disqualifying crime or other related information regarding 
     the individual.
       ``(B) Ineligible school employee.--If the school employee 
     is ineligible for such employment due to the background 
     check, the State will, when providing the results of the 
     background check, include information related to each 
     disqualifying crime, in a report to the school employee.
       ``(C) Public release of results.--No State shall publicly 
     release or share the results of individual background checks, 
     except States may release aggregated data by crime as listed 
     under subsection (c)(1)(D) from background check results, as 
     long as such data does not contain personally identifiable 
     information.
       ``(3) Appeals.--
       ``(A) In general.--The State shall provide for a process by 
     which a school employee may appeal the results of a criminal 
     background check conducted under this section to challenge 
     the accuracy or completeness of the information contained in 
     such member's criminal background report.
       ``(B) Appeals process.--The State shall ensure that--
       ``(i) each school employee shall be given notice of the 
     opportunity to appeal;
       ``(ii) a school employee will receive instructions about 
     how to complete the appeals process if the school employee 
     wishes to challenge the accuracy or completeness of the 
     information contained in such employee's criminal background 
     report; and
       ``(iii) the appeals process is completed in a timely manner 
     for each school employee not to exceed 45 days.
       ``(C) Costs.--A school employee who has successfully 
     challenged the findings contained in such employee's criminal 
     background check report in the appeals process under this 
     paragraph shall be allowed to seek compensation for any 
     reasonable costs incurred from such appeal.
       ``(4) Review.--
       ``(A) In general.--The State shall establish a timely 
     review process not to exceed 45

[[Page 2985]]

     days through which the State may determine that a school 
     employee identified in subsection (c) is eligible for 
     employment with the educational agency.
       ``(B) Factors.--The review process shall be an 
     individualized assessment consistent with title VII of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) and the 
     U.S. Equal Employment Opportunity Commission Enforcement 
     Guidance on the Consideration of Arrest and Conviction 
     Records in Employment Decisions, and may include 
     consideration of the following factors--
       ``(i) nature and seriousness of the offense;
       ``(ii) circumstances under which the offense was committed;
       ``(iii) lapse of time since the offense was committed or 
     the individual was released from prison;
       ``(iv) individual's age at the time of the offense;
       ``(v) social conditions which may have fostered the 
     offense;
       ``(vi) relationship of the nature of the offense to the 
     position sought;
       ``(vii) number of criminal convictions;
       ``(viii) honesty and transparency of the candidate in 
     admitting the conviction record;
       ``(ix) individual's work history, including evidence that 
     the individual performed the same or similar work, post-
     conviction, with the same or different employer, with no 
     known incidents of criminal conduct;
       ``(x) evidence of rehabilitation as demonstrated by the 
     individual's good conduct while in correctional custody and/
     or the community; counseling or psychiatric treatment 
     received; acquisition of additional academic or vocational 
     schooling; successful participation in correctional work-
     release programs and the recommendations of persons who have 
     or have had the applicant under their supervision;
       ``(xi) whether the individual is bonded under Federal, 
     state, or local bonding program; and
       ``(xii) any other factor that may lead to the conclusion 
     that the individual does not pose a risk to children.
       ``(C) Limitation.--This paragraph shall not apply to a 
     school employee who has been convicted of a serious violent 
     or sexual felony against a child, as determined by the State.
       ``(5) No private right of action.--Nothing in this section 
     shall be construed to create a private right of action if a 
     State educational agency or local educational agency has 
     acted in accordance with this section.
       ``(f) Fees for Background Checks.--
       ``(1) Fees that a State may charge for the costs of 
     processing applications and administering a criminal 
     background check as required by this section shall not exceed 
     the actual costs to the State for the processing and 
     administration.
       ``(2) A local educational agency or State educational 
     agency may use administrative funds received under this Act 
     to pay for any reasonable fees charged for conducting a 
     criminal background check under this section.
       ``(g) Transparency.--The State must ensure that the 
     policies and procedures under this section are published on 
     the Web site (or otherwise publicly available venue in the 
     absence of a Web site) of the State and the Web sites of 
     local lead agencies.
       ``(h) Construction.--
       ``(1) Disqualification for other crimes.--Nothing in this 
     section shall be construed to prevent a State from 
     disqualifying individuals as a school employee based on their 
     conviction for crimes not specifically listed in this section 
     that bear upon the fitness of an individual to provide care 
     for and have responsibility for the safety and well-being of 
     children.
       ``(2) Rights and remedies.--Nothing in this section shall 
     be construed to alter or otherwise affect the rights and 
     remedies provided for a school employee residing in a State 
     that disqualifies individuals as a school employee for crimes 
     not specifically provided for under this section.
       ``(i) Reporting.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Education shall 
     report to Congress on--
       ``(1) any information available about numbers of 
     individuals restricted or disqualified from being a school 
     employee on the basis of a criminal record identified in the 
     background check, pursuant to this section in total, and for 
     each type of conviction, as specified in sections (c)(1)(D) 
     and (c)(1)(E) and disaggregated by race, gender, national 
     origin, and ethnicity;
       ``(2) the identity of each state's agency with jurisdiction 
     over the background check results and appeals process 
     described in section (e);
       ``(3) the identity of each state's agency with jurisdiction 
     over the individualized assessment, as described in section 
     (e)(4);
       ``(4) the numbers of individuals approved for consideration 
     as a school employee by the individualized assessment, as 
     defined in section (e)(4) in total, and for each type of 
     conviction, as specified in sections (c)(1)(D) and (c)(1)(E) 
     and disaggregated by race, gender, national origin, and 
     ethnicity; and
       ``(5) the numbers of successful and unsuccessful appeals to 
     the accuracy and completeness of records or information, in 
     total, by State, and by type of conviction, as specified in 
     section sections (c)(1)(D) and (c)(1)(E) and disaggregated by 
     race, gender, national origin, and ethnicity.
       ``(j) Definition.--In this section, the term `school 
     employee' means--
       ``(1) an employee of, or a person seeking employment with, 
     a local educational agency or State educational agency, and 
     who, as a result of such employment, has (or will have) a job 
     duty that results in unsupervised access to elementary school 
     or secondary school students;
       ``(2) any person, or an employee of any person who has a 
     contract or agreement to provide services with an elementary 
     school or secondary school, local educational agency, or 
     State educational agency, and such person or employee, as a 
     result of such contract or agreement, has a job duty that 
     results in unsupervised access to elementary school or 
     secondary students; and
       ``(3) an employee of or a person seeking employment with a 
     high-quality prekindergarten program (as defined in section 
     1112 of the Student Success Act) who has unsupervised access 
     to children or a person who has a contract or agreement with 
     such program and has unsupervised access to children.
       ``(k) Effective Date.--
       ``(1) In general.--A State that receives funds under this 
     Act shall meet the requirements of this section for the 
     provision of criminal background checks for a school employee 
     described in subsection (d)(1) not later than the last day of 
     the second full fiscal year after the date of enactment of 
     the Student Success Act.
       ``(2) Extension.--The Secretary may grant a State an 
     extension of time, of not more than 1 fiscal year, to meet 
     the requirements of this section if the State demonstrates a 
     good faith effort to comply with the requirements of this 
     section.
       ``(3) Penalty for noncompliance.--Except as provided in 
     paragraphs (1) and (2), for any fiscal year that a State 
     fails to comply substantially with the requirements of this 
     section, the Secretary shall withhold 5 percent of the funds 
     that would otherwise be allocated to that State in accordance 
     with this Act for the following fiscal year.

     ``SEC. 9538. EQUALITY IN ATHLETIC PROGRAMS.

       ``(a) Report.--Each coeducational elementary or secondary 
     school that participates in any program under this Act and 
     has an athletic program, shall annually, for the immediately 
     preceding academic year, prepare a report that contains the 
     following information:
       ``(1) The number of students that attended the school and 
     for each student an identification of such student's--
       ``(A) sex;
       ``(B) race; and
       ``(C) ethnicity.
       ``(2) A listing of the teams that competed in athletic 
     competition and for each such team the following data:
       ``(A) The total number of participants as of the day of the 
     first scheduled contest for the team, and for each 
     participant an identification of such participant's--
       ``(i) sex;
       ``(ii) race; and
       ``(iii) ethnicity.
       ``(B) The year the team began.
       ``(C) The total expenditures for each team from school and 
     nonschool sources, including a listing of the following data 
     for each team:
       ``(i) Expenditures for travel.
       ``(ii) Expenditures for equipment (including any equipment 
     replacement schedule).
       ``(iii) Expenditures for uniforms (including any uniform 
     replacement schedule).
       ``(iv) Expenditures for facilities (including locker rooms, 
     fields, and gymnasiums) and their maintenance and repair.
       ``(v) Expenditures for training and medical facilities and 
     services.
       ``(vi) Expenditures for publicity for competitions 
     (including press guides, press releases, game programs, and 
     publicity personnel).
       ``(D) The total number of trainers and medical personnel, 
     and for each trainer or medical personnel an identification 
     of such person's--
       ``(i) sex;
       ``(ii) employment status (including whether such person is 
     employed full-time or part-time, and whether such person is a 
     head or assistant trainer or medical services provider) and 
     duties other than providing training or medical services; and
       ``(iii) qualifications, including whether the person is a 
     professional or student.
       ``(E) The total number of coaches, and for each coach an 
     identification of such coach's--
       ``(i) sex;
       ``(ii) employment status (including whether such coach is 
     employed full-time or part-time, and whether such coach is a 
     head or assistant coach) and duties other than coaching; and
       ``(iii) qualifications, including whether the person is a 
     professional or student.
       ``(F) Total annual revenues generated by the team 
     (including contributions from outside sources such as booster 
     clubs), disaggregated by source.
       ``(G) The total number of competitions scheduled, and for 
     each scheduled competition an indication of what day of the 
     week and time the competition was scheduled.

[[Page 2986]]

       ``(H) The total number of practices scheduled, and for each 
     scheduled practice an indication of what day of the week and 
     time the practice was scheduled.
       ``(I) The season in which the team competed.
       ``(J) Whether such team participated in postseason 
     competition, and the success of such team in any postseason 
     competition.
       ``(3) The average annual institutional salary attributable 
     to coaching of the head coaches of men's teams, across all 
     offered sports, and the average annual institutional salary 
     attributable to coaching of the head coaches of women's 
     teams, across all offered sports.
       ``(4) The average annual institutional salary attributable 
     to coaching of the assistant coaches of men's teams, across 
     all offered sports, and the average annual institutional 
     salary attributable to coaching of the assistant coaches of 
     women's teams, across all offered sports.
       ``(b) Special Rule.--For the purpose of reporting the 
     information described in paragraphs (3) and (4) of subsection 
     (a), if a coach has responsibilities for more than 1 team and 
     the school does not allocate such coach's salary by team, the 
     school should divide the salary by the number of teams for 
     which the coach has responsibility and allocate the salary 
     among the teams on a basis consistent with the coach's 
     responsibilities for the different teams.
       ``(c) Disclosure of Information to Students and Public.--On 
     an annual basis, each coeducational elementary or secondary 
     school described in subsection (a) shall--
       ``(1) make available to students, potential students, and 
     the public, upon request, the information contained in each 
     report by the school under this section by October 15 of each 
     school year; and
       ``(2) ensure that all students at the school and members of 
     the relevant community are informed of their right to request 
     such information.
       ``(d) Submission; Information Availability.--On an annual 
     basis, each coeducational elementary or secondary school 
     described in subsection (a) shall provide the information 
     contained in each report by the school under this section to 
     the Commissioner for Education Statistics not later than 15 
     days after the date that the school makes such information 
     available under subsection (c).
       ``(e) Duties of Commissioner for Education Statistics.--The 
     Commissioner for Education Statistics shall--
       ``(1) ensure that the data required under this section are 
     posted on the Department of Education's Web site within a 
     reasonable period of time; and
       ``(2) not later than 180 days after the date of the 
     enactment of the Student Success Act, notify all elementary 
     and secondary schools in all States about the requirements 
     under subsection (c) and issue guidance to all elementary and 
     secondary schools on how to collect and report the 
     information required under this section.''.

     SEC. 902. CONFORMING AMENDMENT.

       Section 2 is amended by adding after the item relating to 
     section 9536 the following:

``Sec. 9537. Background checks.
``Sec. 9538. Equality in athletic programs.''.

                    Subtitle B--Evaluation Authority

     SEC. 911. EVALUATION AUTHORITY.

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

                     ``PART F--EVALUATION AUTHORITY

     ``SEC. 9911. EVALUATION AUTHORITY.

       ``(a) Reservation of Funds.--The Secretary shall reserve 
     not less than 1 percent of the amount appropriated to carry 
     out each categorical program and demonstration project 
     authorized under this Act, except the Secretary may not 
     reserve more than 1 percent of title I, part A to carry out 
     the evaluation activities described in this section.
       ``(b) Evaluation Activities.--From funds reserved under 
     subsection (a), the reserved amounts--
       ``(1) shall first be used by the Secretary, acting through 
     the Director of the Institute of Education Sciences, to--
       ``(A) conduct comprehensive, high-quality evaluations of 
     the program that--
       ``(i) are consistent with the evaluation plan under 
     subsection (d); and
       ``(ii) primarily include impact evaluations that use 
     experimental or quasi-experimental designs, where practicable 
     and appropriate, and other rigorous methodologies that permit 
     the strongest possible causal inferences;
       ``(B) conduct studies of the effectiveness of the program 
     and the administrative impact of the program on schools and 
     local educational agencies; and
       ``(C) widely disseminate evaluation findings under this 
     section related to programs authorized under this Act--
       ``(i) in a timely fashion;
       ``(ii) in forms that are understandable, easily accessible, 
     and usable, or adaptable for use in, the improvement of 
     educational practice;
       ``(iii) through electronic transfer, and other means, such 
     as posting, as available, to the websites of State 
     educational agencies, local educational agencies, the 
     Institute of Education Sciences, the Department, or in 
     another relevant place; and
       ``(iv) in a manner that promotes the utilization of such 
     findings; and
       ``(2) may be used by the Secretary, acting through the 
     Director of the Institute of Education Sciences--
       ``(A) to evaluate the aggregate short- and long-term 
     effects and cost efficiencies across Federal programs 
     assisted or authorized under this Act and related Federal 
     early childhood education, preschool, elementary school, and 
     secondary school programs under any other Federal law; and
       ``(B) assist grantees of such programs in collecting and 
     analyzing data related to conducting high-quality evaluations 
     under paragraph (1).
       ``(c) Title I.--The Secretary, acting through the Director 
     of the Institute of Education Sciences, shall use funds 
     authorized under subsection(a)(1) to carry out evaluation 
     activities under this section related to title I.
       ``(d) Consolidation.--Notwithstanding any other provision 
     of this section the Secretary in consultation with the 
     Director of the Institute of Education Sciences--
       ``(1) may consolidate the funds reserved under subsections 
     (a) or (c) for purposes of carrying out the activities under 
     subsection (b)(1) and subsection (g); and
       ``(2) shall not be required to evaluate under subsection 
     (b)(1) each program authorized under this Act each year.
       ``(e) Evaluation Plan.--The Director of the Institute of 
     Education Sciences, shall, on a biennial basis, develop, 
     submit to Congress, and make publicly available an evaluation 
     plan, that--
       ``(1) describes the specific activities that will be 
     carried out under subsection (b) for the 2-year period 
     applicable to the plan, and the timelines of such activities;
       ``(2) contains the results of the activities carried out 
     under subsection (b) for the most recent 2-year period; and
       ``(3) describes how programs authorized under this Act will 
     be regularly evaluated.
       ``(f) Evaluation Activities Authorized Elsewhere.--If, 
     under any other provision of this Act, funds are authorized 
     to be reserved or used for evaluation activities with respect 
     to a program, the Secretary may not reserve additional funds 
     under this section for the evaluation of that program.''.

                 Subtitle C--Keeping All Students Safe

     SEC. 911. KEEPING ALL STUDENTS SAFE.

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

                  ``PART G--KEEPING ALL STUDENTS SAFE

     ``SEC. 9701. DEFINITIONS.

       ``In this part:
       ``(1) Chemical restraint.--The term `chemical restraint' 
     means a drug or medication used on a student to control 
     behavior or restrict freedom of movement that is not--
       ``(A) prescribed by a licensed physician, or other 
     qualified health professional acting under the scope of the 
     professional's authority under State law, for the standard 
     treatment of a student's medical or psychiatric condition; 
     and
       ``(B) administered as prescribed by the licensed physician 
     or other qualified health professional acting under the scope 
     of the professional's authority under State law.
       ``(2) Mechanical restraint.--The term `mechanical 
     restraint' has the meaning given the term in section 
     595(d)(1) of the Public Health Service Act (42 U.S.C. 
     290jj(d)(1)), except that the meaning shall be applied by 
     substituting `student's' for `resident's'.
       ``(3) Physical escort.--The term `physical escort' has the 
     meaning given the term in section 595(d)(2) of the Public 
     Health Service Act (42 U.S.C. 290jj(d)(2)), except that the 
     meaning shall be applied by substituting `student' for 
     `resident'.
       ``(4) Physical restraint.--The term `physical restraint' 
     mean a personal restriction that immobilizes or reduces the 
     ability of an individual to move the individual's arms, legs, 
     torso, or head freely. Such term does not include a physical 
     escort, mechanical restraint, or chemical restraint.
       ``(5) Positive behavior supports.--The term `positive 
     behavior supports' means a systematic approach to embed 
     evidence-based practices and data-driven decisionmaking to 
     improve school climate and culture, including a range of 
     systemic and individualized strategies to reinforce desired 
     behaviors and diminish reoccurrence of problem behaviors, in 
     order to achieve improved academic and social outcomes and 
     increase learning for all students, including students with 
     the most complex and intensive behavioral needs.
       ``(6) Protection and advocacy system.--The term `protection 
     and advocacy system' means a protection and advocacy system 
     established under subtitle C of title I of the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15041 et seq.).
       ``(7) School.--The term `school' means an entity--
       ``(A) that--
       ``(i) is a public or private--

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

[[Page 2987]]

       ``(ii) receives, or serves students who receive, support in 
     any form from any program supported, in whole or in part, 
     with funds appropriated under the Student Success Act; or
       ``(B) that is a school funded or operated by the Department 
     of the Interior.
       ``(8) School personnel.--The term `school personnel' has 
     the meaning--
       ``(A) given the term in section 4151(10); and
       ``(B) given the term `school resource officer' in section 
     4151(11).
       ``(9) Seclusion.--The term `seclusion' means--
       ``(A) the involuntary confinement of a student alone in a 
     room or area from which the student is physically prevented 
     from leaving; and
       ``(B) does not include a time out.
       ``(10) State-approved crisis intervention training 
     program.--The term `State-approved crisis intervention 
     training program' means a training program approved by a 
     State and the Secretary that, at a minimum, provides--
       ``(A) training in evidence-based techniques shown to be 
     effective in the prevention of physical restraint and 
     seclusion;
       ``(B) training in evidence-based techniques shown to be 
     effective in keeping both school personnel and students safe 
     when imposing physical restraint or seclusion;
       ``(C) evidence-based skills training related to positive 
     behavior supports, safe physical escort, conflict prevention, 
     understanding antecedents, de-escalation, and conflict 
     management;
       ``(D) training in first aid and cardiopulmonary 
     resuscitation;
       ``(E) information describing State policies and procedures 
     that meet the minimum standards established by regulations 
     promulgated pursuant to section 9702(a); and
       ``(F) certification for school personnel in the techniques 
     and skills described in subparagraphs (A) through (D), which 
     shall be required to be renewed on a periodic basis.
       ``(11) Student.--The term `student' means a student 
     enrolled in a school defined in paragraph (7), except that in 
     the case of a student enrolled in a private school or private 
     program, such term means a student who receives support in 
     any form from any program supported, in whole or in part, 
     with funds appropriated under the Student Success Act.
       ``(12) Time out.--The term `time out' has the meaning given 
     the term in section 595(d)(5) of the Public Health Service 
     Act (42 U.S.C. 290jj(d)(5)), except that the meaning shall be 
     applied by substituting `student' for `resident'.

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

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

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

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

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

[[Page 2988]]

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

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

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

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

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

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

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

     ``SEC. 9704. GRANT AUTHORITY.

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

     ``SEC. 9705. NATIONAL ASSESSMENT.

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

     ``SEC. 9706. PROTECTION AND ADVOCACY SYSTEMS.

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

     ``SEC. 9707. LIMITATION OF AUTHORITY.

       ``(a) In General.--Nothing in this part shall be construed 
     to restrict or limit, or allow the Secretary to restrict or 
     limit, any other rights or remedies otherwise available to 
     students or parents under Federal or State law or regulation.

[[Page 2989]]

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

     ``SEC. 9708. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as may 
     be necessary to carry out this part for fiscal year 2016 and 
     each of the 4 succeeding fiscal years.

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

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

        Subtitle D--Protecting Student Athletes From Concussions

     SEC. 931. PROTECTING STUDENT ATHLETES FROM CONCUSSIONS.

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

         ``PART H--PROTECTING STUDENT ATHLETES FROM CONCUSSIONS

     ``SEC. 9801. MINIMUM STATE REQUIREMENTS.

       ``Beginning with fiscal year 2016, in order to be eligible 
     to receive funds for such year or a subsequent fiscal year 
     under this Act each State educational agency shall issue 
     regulations establishing the following minimum requirements 
     in order to protect student academic achievement from the 
     impact of concussions:
       ``(1) Local educational agency concussion safety and 
     management plan.--Each local educational agency in the State, 
     in consultation with members of the community in which such 
     agency is located, shall develop and implement a standard 
     plan for concussion safety and management that includes--
       ``(A) the education of students, parents, and school 
     personnel about concussions, such as--
       ``(i) the training and certification of school personnel, 
     including coaches, athletic trainers, and school nurses, on 
     concussion safety and management; and
       ``(ii) using and maintaining standardized release forms, 
     treatment plans, observation, monitoring and reporting forms, 
     recordkeeping forms, and post-injury fact sheets;
       ``(B) supports for students recovering from a concussion, 
     such as--
       ``(i) guiding such student in resuming participation in 
     athletic activity and academic activities with the help of a 
     multi-disciplinary team, which may include--

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

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

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

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

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

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

     ``SEC. 9803. RULE OF CONSTRUCTION.

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

     ``SEC. 9804. DEFINITIONS.

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

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

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

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

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

[[Page 2990]]



          TITLE X--EDUCATION FOR HOMELESS CHILDREN AND YOUTHS

     SEC. 1001. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.

       Subtitle B of title VII of the McKinney-Vento Homeless 
     Assistance Act is amended to read as follows:

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

     ``SEC. 721. STATEMENT OF POLICY.

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

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

       ``(a) General Authority.--The Secretary is authorized to 
     make grants to States from allotments made under subsection 
     (c) and in accordance with this section to enable such States 
     to carry out the activities described in subsections (d) 
     through (g).
       ``(b) Application.--In order for a State to be eligible to 
     receive a grant under this section, the State educational 
     agency, in consultation with other relevant State agencies, 
     shall submit an application to the Secretary at such time, in 
     such manner, and containing or accompanied by such 
     information as the Secretary may reasonably require.
       ``(c) Allocation and Reservations.--
       ``(1) Allocation.--
       ``(A) In general.--Subject to subparagraph (C), the 
     Secretary is authorized to allot to each State an amount that 
     bears the same ratio to the amount appropriated for such year 
     under section 727 that remains after the Secretary reserves 
     funds under paragraph (2) and uses funds to carry out section 
     724(d) and (h), as the amount allocated under section 1122 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6332) to the State for that year bears to the total amount 
     allocated under section 1122 of such Act to all States for 
     that year, except as provided in subparagraph (B)--
       ``(B) Minimum allotments.--No State shall receive for a 
     fiscal year less under this paragraph than the greater of--
       ``(i) $300,000; or
       ``(ii) an amount that bears the same ratio to the amount 
     appropriated for such year under section 727 that remains 
     after the Secretary reserves funds under paragraph (2) and 
     uses funds to carry out section 724 (d) and (h), as the 
     amount the State received under this paragraph for the 
     preceding fiscal year bears to the total amount received by 
     all States under this paragraph for the preceding fiscal 
     year.
       ``(C) Reduction for insufficient funds.--If there are 
     insufficient funds in a fiscal year to allot to each State 
     the minimum amount under subparagraph (B), the Secretary 
     shall ratably reduce the allotments to all States based on 
     the proportionate share that each State received under this 
     subsection for the preceding fiscal year.
       ``(2) Reservations.--
       ``(A) Students in territories.--The Secretary is authorized 
     to reserve 0.1 percent of the amount appropriated for each 
     fiscal year under section 727 to be allocated by the 
     Secretary among the United States Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of the Northern Mariana 
     Islands, according to their respective need for assistance 
     under this title, as determined by the Secretary. Funds 
     allocated under this subparagraph shall be used for programs 
     that are consistent with the purposes of the programs 
     described in this subtitle.
       ``(B) Indian students.--
       ``(i) Transfer.--The Secretary shall transfer 1 percent of 
     the amount appropriated for each fiscal year under section 
     727 to the Department of the Interior for programs that are 
     for Indian students served by schools funded by the Secretary 
     of the Interior, as determined under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.), and that are consistent with the purposes of the 
     programs described in this title.
       ``(ii) Agreement.--The Secretary of Education and the 
     Secretary of the Interior shall enter into an agreement, 
     consistent with the requirements of this title, for the 
     distribution and use of the funds described in clause (i) 
     under terms that the Secretary of Education determines best 
     meet the purposes of the programs described in this title. 
     Such agreement shall set forth the plans of the Secretary of 
     the Interior for the use of the funds transferred, including 
     appropriate goals, objectives, and milestones for that use.
       ``(d) State Activities.--Grant funds from a grant made to a 
     State under this section shall be used for the following:
       ``(1) To provide activities for and services to improve the 
     identification of homeless children and youth and enable such 
     children and youth to enroll in, attend, and succeed in 
     school, including in early childhood education programs.
       ``(2) To establish or designate an Office of the 
     Coordinator for Education of Homeless Children and Youth in 
     the State educational agency in accordance with subsection 
     (f) that has sufficient knowledge, authority, and time to 
     carry out the duties described in this title.
       ``(3) To prepare and carry out the State plan described in 
     subsection (g).
       ``(4) To develop and implement professional development 
     activities for liaisons designated under subsection 
     (g)(1)(J)(ii), other local educational agency school 
     personnel, and community agencies to improve their--
       ``(A) identification of homeless children and youth; and
       ``(B) awareness of, and capacity to respond to, specific 
     needs in the education of homeless children and youth.
       ``(e) State and Local Subgrants.--
       ``(1) Minimum disbursements by states.--From the grant 
     funds made available each year to a State under subsection 
     (a) to carry out this title, the State educational agency 
     shall distribute not less than 75 percent by making subgrants 
     under section 723 to local educational agencies for the 
     purposes of carrying out section 723.
       ``(2) Use by state educational agency.--A State educational 
     agency may use any grant funds remaining after making 
     subgrants under section 723 to conduct activities under 
     subsection (f) directly or through making grants or entering 
     into contracts.
       ``(3) Prohibition on segregating homeless students.--In 
     providing a free public education to a homeless child or 
     youth, no State receiving funds under this title shall 
     segregate such child or youth in a separate school, or in a 
     separate program within a school, based on such child's or 
     youth's status as homeless.
       ``(A) Exception.--Notwithstanding paragraph (3), paragraphs 
     (1)(J)(i) and (3) of subsection (g), section 723(a)(2), and 
     any other provision of this title relating to the placement 
     of homeless children or youths in schools, a State that has a 
     separate school for homeless children or youths that was 
     operated and in receipt of funds under this title in fiscal 
     year 2015 in a covered county shall be eligible to receive 
     funds under this title for programs carried out in such 
     school.
       ``(B) Definition.--For purposes of this paragraph, the term 
     `covered county' means San Diego County, California.
       ``(f) Functions of the Office of Coordinator.--The 
     Coordinator for Education of Homeless Children and Youth 
     established in each State shall--
       ``(1) gather and make publicly available reliable, valid, 
     and comprehensive information on
       ``(A) the nature and extent of the problems homeless 
     children and youth have in gaining access to public preschool 
     programs, and to public elementary schools and secondary 
     schools;
       ``(B) the difficulties in identifying the special needs and 
     barriers to participation and achievement of such children 
     and youth;
       ``(C) any progress made by the State educational agency and 
     local educational agencies in the State in addressing such 
     problems and difficulties; and
       ``(D) the success of the programs under this title in 
     identifying homeless children and youth and allowing homeless 
     children and youth to enroll in, attend, and succeed in 
     school; and
       ``(2) develop and carry out the State plan described in 
     subsection (g);
       ``(3) collect data for and transmit to the Secretary, at 
     such time and in such manner as the Secretary may require, 
     reports containing such information as the Secretary 
     determines is necessary to assess the educational needs of 
     homeless children and youth within the State including data 
     requested pursuant to section 724(h);
       ``(4) improve the provision of comprehensive education and 
     related support services to homeless children and youth and 
     their families, and to minimize educational disruption, 
     through coordination of activities and collaboration with--
       ``(A) educators, including teachers, administrators, 
     specialized instructional support personnel, and child 
     development and preschool program personnel;
       ``(B) providers of services to homeless children and youth 
     and homeless families, public and private child welfare and 
     social service agencies, law enforcement agencies, juvenile 
     and family courts, agencies providing mental health services, 
     domestic violence agencies, child care providers, runaway and 
     homeless youth centers, and providers of services and 
     programs funded under the Runaway and Homeless Youth Act (42 
     U.S.C. 5701 et seq.);

[[Page 2991]]

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

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

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

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

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

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

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

[[Page 2992]]

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

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

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

[[Page 2993]]

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

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

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

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

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

[[Page 2994]]

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

     ``SEC. 724. SECRETARIAL RESPONSIBILITIES.

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

[[Page 2995]]

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

     ``SEC. 725. RULE OF CONSTRUCTION.

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

     ``SEC. 726. DEFINITIONS.

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

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

       ``(ii) children and youth who have a primary nighttime 
     residence that is a public or private place not designed for 
     or ordinarily used as a regular sleeping accommodation for 
     human beings (within the meaning of section 103(a)(2)(C));
       ``(iii) children and youth who are living in cars, parks, 
     public spaces, abandoned buildings, substandard housing, bus 
     or train stations, or similar settings; and
       ``(iv) migratory children (as such term is defined in 
     section 1312 of the Elementary and Secondary Education Act of 
     1965) who qualify as homeless for the purposes of this 
     subtitle because the children are living in circumstances 
     described in clauses (i) through (iii); and
       ``(C) 1 year after the date of enactment of the Student 
     Success Act, shall not include the children and youth 
     described in subparagraph (B)(i)(IV).
       ``(3) Local educational agency; state educational agency.--
     The terms `local educational agency' and `State educational 
     agency' have the meanings given such terms in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Education.
       ``(5) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       ``(6) Unaccompanied youth.--The term `unaccompanied youth' 
     means a homeless child or youth not in the physical custody 
     of a parent or legal guardian.

     ``SEC. 727. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--For the purpose of carrying out this 
     subtitle, other than section 725, there are authorized to be 
     appropriated to the Secretary $100,000,000 for fiscal year 
     2016 and such sums as may be necessary for each of fiscal 
     years 2017 through 2022.
       ``(b) Emergency Disaster Grants.--In addition to sums 
     authorized under subsection (a), there are authorized to be 
     appropriated to the Secretary to carry out subsection (h) 
     such additional sums as may be necessary.''.

                    TITLE XI--PREKINDERGARTEN ACCESS

 Subtitle A--Access to Voluntary Prekindergarten for Low- and Moderate-
                            Income Families

     SEC. 1111. PURPOSES.

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

     SEC. 1112. DEFINITIONS.

       In this subtitle:
       (1) Child with a disability.--The term ``child with a 
     disability'' has the meaning given the term in section 602 of 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1401).
       (2) Comprehensive early learning assessment system.--The 
     term ``comprehensive early learning assessment system''--
       (A) means a coordinated and comprehensive system of 
     multiple assessments, each of which is valid and reliable for 
     its specified purpose and for the population with which it 
     will be used, that--
       (i) organizes information about the process and context of 
     young children's learning and development to help early 
     childhood educators make informed instructional and 
     programmatic decisions; and
       (ii) conforms to the recommendations of the National 
     Research Council reports on early childhood; and
       (B) includes, at a minimum--
       (i) child screening measures to identify children who may 
     need follow-up services to address developmental, learning, 
     or health needs in, at a minimum, areas of physical health, 
     behavioral health, oral health, child development, vision, 
     and hearing;
       (ii) child formative assessments;
       (iii) measures of environmental quality; and
       (iv) measures of the quality of adult-child interactions.
       (3) Dual language learner.--The term ``dual language 
     learner'' means an individual who is limited English 
     proficient.
       (4) Early childhood education program.--The term ``early 
     childhood education program'' has the meaning given the term 
     under section 103 of the Higher Education Act of 1965 (20 
     U.S.C. 1003).
       (5) Elementary school.--The term ``elementary school'' has 
     the meaning given the term in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       (6) Eligibility determination date.--The term ``eligibility 
     determination date'' means the date used to determine 
     eligibility for public elementary school in the community

[[Page 2996]]

     in which the eligible local entity involved is located.
       (7) Eligible local entity.--The term ``eligible local 
     entity'' means--
       (A) a local educational agency, including a charter school 
     or a charter management organization that acts as a local 
     educational agency, or an educational service agency in 
     partnership with a local educational agency--
       (i) that has met the requirement described in section 
     1112(9)(B); or
       (ii) whose teachers are in progress of meeting such 
     requirement within two years;
       (B) an entity (including a Head Start program or licensed 
     child care setting) that carries out, administers, or 
     supports an early childhood education program and--
       (i) that has met the requirement described in section 
     1112(9)(B); or
       (ii) whose teachers are in progress of meeting such 
     requirement within two years; or
       (C) a consortium of entities described in subparagraph (A) 
     or (B).
       (8) Full-day.--The term ``full-day'' means a day that is--
       (A) equivalent to a full school day at the public 
     elementary schools in a State; and
       (B) not less than 5 hours a day.
       (9) High-quality prekindergarten program.--The term ``high-
     quality prekindergarten program'' means a prekindergarten 
     program supported by an eligible local entity that includes, 
     at a minimum, the following elements based on nationally 
     recognized standards:
       (A) Serves children who--
       (i) are age 4 or children who are age 3 or 4, by the 
     eligibility determination date (including children who turn 
     age 5 while attending the program); or
       (ii) have attained the legal age for State-funded 
     prekindergarten.
       (B) Requires high qualifications for staff, including that 
     teachers meet the requirements of 1 of the following clauses:
       (i) The teacher has a bachelor's degree in early childhood 
     education or a related field with coursework that 
     demonstrates competence in early childhood education.
       (ii) The teacher--

       (I) has a bachelor's degree in any field;
       (II) has demonstrated knowledge of early childhood 
     education by passing a State-approved assessment in early 
     childhood education;
       (III) while employed as a teacher in the prekindergarten 
     program, is engaged in on-going professional development in 
     early childhood education for not less than 2 years; and
       (IV) not more than 3 years after starting employment as a 
     teacher in the prekindergarten program, enrolls in and 
     completes a State-approved educator preparation program in 
     which the teacher receives training and support in early 
     childhood education.

       (iii) The teacher has bachelor's degree with a credential, 
     license, or endorsement that demonstrates competence in early 
     childhood education.
       (C) Maintains an evidence-based maximum class size.
       (D) Maintains an evidence-based child to instructional 
     staff ratio.
       (E) Offers a full-day program.
       (F) Provides developmentally appropriate learning 
     environments and evidence-based curricula that are aligned 
     with the State's early learning and development standards 
     described in section 1115(1).
       (G) Offers instructional staff salaries comparable to 
     kindergarten through grade 12 teaching staff.
       (H) Provides for ongoing monitoring and program evaluation 
     to ensure continuous improvement.
       (I) Offers accessible comprehensive services for children 
     that include, at a minimum--
       (i) screenings for vision, dental, hearing, health 
     (including mental health), and development (including early 
     literacy and math skill development) and referrals, and 
     assistance obtaining services, when appropriate;
       (ii) family engagement opportunities that take into account 
     home language, such as parent conferences (including parent 
     input about their child's development) and support services, 
     such as parent education, home visiting, and family literacy 
     services;
       (iii) nutrition services, including nutritious meals and 
     snack options aligned with requirements set by the most 
     recent Child and Adult Care Food Program guidelines 
     promulgated by the Department of Agriculture as well as 
     regular, age-appropriate, nutrition education for children 
     and their families;
       (iv) programs coordinated with local educational agencies 
     and entities providing programs authorized under section 619 
     and part C of the Individuals with Disabilities Education Act 
     (20 U.S.C. 1419 and 1431 et seq.);
       (v) physical activity programs aligned with evidence-based 
     guidelines, such as those recommended by the Institute of 
     Medicine, and which take into account and accommodate 
     children with disabilities;
       (vi) additional support services, as appropriate, based on 
     the findings of the needs analysis as described in section 
     1120; and
       (vii) on-site coordination, to the maximum extent feasible.
       (J) Provides high-quality professional development for all 
     staff, including regular in-classroom observation for 
     teachers and teacher assistants by individuals trained in 
     such observation and which may include evidence-based 
     coaching.
       (K) Meets the education performance standards in effect 
     under section 641A(a)(1)(B) of the Head Start Act (42 U.S.C. 
     9836a(a)(1)(B)).
       (L) Maintains evidence-based health and safety standards.
       (M) Maintains disciplinary policies that do not include 
     expulsion or an extended suspension of participating 
     children, and that include providing appropriate early 
     educational services for participating children who are 
     suspended for a short period of time.
       (10) Governor.--The term ``Governor'' means the chief 
     executive officer of a State.
       (11) Homeless child.--The term ``homeless child'' means a 
     child or youth described in section 725(2) of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11434a(2).
       (12) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 102 of the Higher Education Act of 1965 (20 
     U.S.C. 1002).
       (13) Indian tribe; tribal organization.--The terms ``Indian 
     tribe'' and ``tribal organization'' have the meanings given 
     the terms in 658P of the Child Care and Development Block 
     Grant of 1990 (42 U.S.C. 9858n).
       (14) Limited english proficient.--The term ``limited 
     English proficient'' has the meaning given the term in 
     section 637 of the Head Start Act (42 U.S.C. 9832).
       (15) Local educational agency; state educational agency; 
     educational service agency.--The terms ``local educational 
     agency'', ``State educational agency'', and ``educational 
     service agency'' have the meanings given the terms in section 
     9101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801).
       (16) Migrant or seasonal agricultural labor.--The term 
     ``migrant or seasonal agricultural labor'' refers to an 
     individual who is engaged in agricultural labor, including 
     those who have changed their residence from one grographic 
     location to another in the proceeding 36 months.
       (17) Migratory child.--The term ``migratory child'' has the 
     meaning given the term in section 1309 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6399).
       (18) Outlying area.--The term ``outlying area'' means each 
     of the United States Virgin Islands, Guam, American Samoa, 
     the Commonwealth of the Northern Mariana Islands, and the 
     Republic of Palau.
       (19) Poverty line.--The term ``poverty line'' means the 
     official poverty line (as defined by the Office of Management 
     and Budget)--
       (A) adjusted to reflect the percentage change in the 
     Consumer Price Index for All Urban Consumers published by the 
     Bureau of Labor Statistics of the Department of Labor for the 
     most recent 12-month period or other interval for which the 
     data are available; and
       (B) applicable to a family of the size involved.
       (20) Secondary school.--The term ``secondary school'' has 
     the meaning given the term in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       (21) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (22) State.--Except as otherwise provided in this subtitle, 
     the term ``State'' means each of the 50 States, the District 
     of Columbia, the Commonwealth of Puerto Rico, and each of the 
     outlying areas.
       (23) State advisory council on early childhood education 
     and care.--The term ``State Advisory Council on Early 
     Childhood Education and Care'' means the State Advisory 
     Council on Early Childhood Education and Care established 
     under section 642B(b) of the Head Start Act (42 U.S.C. 
     9837b(b)).

     SEC. 1113. PROGRAM AUTHORIZATION.

       From amounts made available to carry out this subtitle, the 
     Secretary, in consultation with the Secretary of Health and 
     Human Services, shall award grants to States to implement 
     high-quality prekindergarten programs, consistent with the 
     purposes of this subtitle described in section 1111. For each 
     fiscal year, the funds provided under a grant by a State 
     shall equal the allotment determined for the State under 
     section 1114.

     SEC. 1114. ALLOTMENTS AND RESERVATIONS OF FUNDS.

       (a) Reservation.--From the amount made available each 
     fiscal year to carry out this subtitle, the Secretary shall--
       (1) reserve not less than 1 percent and not more than 2 
     percent for payments to Indian tribes and tribal 
     organizations;
       (2) reserve \1/2\ of 1 percent for the outlying areas to be 
     distributed among the outlying areas on the basis of their 
     relative need, as determined by the Secretary in accordance 
     with the purposes of this subtitle;
       (3) reserve \1/2\ of 1 percent for eligible local entities 
     that serve children in families who are engaged in migrant or 
     seasonal agricultural labor; and
       (4) reserve not more than 1 percent or $30,000,000, 
     whichever amount is less, for national activities, including 
     administration, technical assistance, and evaluation.
       (b) Allotments.--
       (1) In general.--From the amount made available each fiscal 
     year to carry out this subtitle and not reserved under 
     subsection (a), the Secretary shall make allotments to

[[Page 2997]]

     States in accordance with paragraph (2) that have submitted 
     an approved application.
       (2) Allotment amount.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     shall allot the amount made available under paragraph (1) for 
     a fiscal year among the States in proportion to the number of 
     children who are age 4 who reside within the State and are 
     from families with incomes at or below 200 percent of the 
     poverty line for the most recent year for which satisfactory 
     data are available, compared to the number of such children 
     who reside in all such States for that fiscal year.
       (B) Minimum allotment amount.--No State receiving an 
     allotment under subparagraph (A) may receive less than \1/2\ 
     of 1 percent of the total amount allotted under such 
     subparagraph.
       (3) Reallotment and carry over.--
       (A) In general.--If one or more States do not receive an 
     allotment under this subsection for any fiscal year, the 
     Secretary may use the amount of the allotment for that State 
     or States, in such amounts as the Secretary determines 
     appropriate, for either or both of the following:
       (i) To increase the allotments of States with approved 
     applications for the fiscal year, consistent with 
     subparagraph (B).
       (ii) To carry over the funds to the next fiscal year.
       (B) Reallotment.--In increasing allotments under 
     subparagraph (A)(i), the Secretary shall allot to each State 
     with an approved application an amount that bears the same 
     relationship to the total amount to be allotted under 
     subparagraph (A)(i), as the amount the State received under 
     paragraph (2) for that fiscal year bears to the amount that 
     all States received under paragraph (2) for that fiscal year.
       (4) State.--For purposes of this subsection, the term 
     ``State'' means each of the 50 States, the District of 
     Columbia, and the Commonwealth of Puerto Rico.
       (c) Flexibility.--The Secretary may make minimal 
     adjustments to allotments under this subsection, which shall 
     neither lead to a significant increase or decrease in a 
     State's allotment determined under subsection (b), based on a 
     set of factors, such as the level of program participation 
     and the estimated cost of the activities specified in the 
     State plan under section 1116(a)(2).

     SEC. 1115. STATE ELIGIBILITY CRITERIA.

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

     SEC. 1116. STATE APPLICATIONS.

       (a) In General.--To receive a grant under this subtitle, 
     the Governor of a State, in consultation with the Indian 
     tribes and tribal organizations in the State, if any, shall 
     submit an application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     reasonably require. At a minimum, each such application shall 
     include--
       (1) an assurance that the State--
       (A) will coordinate with and continue to participate in the 
     programs authorized under section 619 and part C of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1419 
     and 1431 et seq.), the Child Care and Development Block Grant 
     Act of 1990 (42 U.S.C. 9858 et seq.), and the maternal, 
     infant, and early childhood home visiting programs funded 
     under section 511 of the Social Security Act (42 U.S.C. 711) 
     for the duration of the grant;
       (B) will designate a State-level entity (such as an agency 
     or joint interagency office), selected by the Governor, for 
     the administration of the grant, which shall coordinate and 
     consult with the State educational agency if the entity is 
     not the State educational agency; and
       (C) will establish, or certify the existence of, program 
     standards for all State prekindergarten programs consistent 
     with the definition of a high-quality prekindergarten program 
     under section 1112;
       (2) a description of the State's plan to--
       (A) use funds received under this subtitle and the State's 
     matching funds to provide high-quality prekindergarten 
     programs, in accordance with section 1117(d), with open 
     enrollment for all children in the State who--
       (i) are described in section 1112(9)(A); and
       (ii) are from families with incomes at or below 200 percent 
     of the poverty line;
       (B) develop or enhance a system for monitoring eligible 
     local entities that are receiving funds under this subtitle 
     for compliance with quality standards developed by the State 
     and to provide program improvement support, which may be 
     accomplished through the use of a State-developed system for 
     quality rating and improvement;
       (C) if applicable, expand participation in the State's 
     high-quality prekindergarten programs to children from 
     families with incomes above 200 percent of the poverty line;
       (D) carry out the State's comprehensive early learning 
     assessment system, or how the State plans to develop such a 
     system, ensuring that any assessments are culturally, 
     developmentally, and age-appropriate and consistent with the 
     recommendations from the study on Developmental Outcomes and 
     Assessments for Young Children by the National Academy of 
     Sciences, consistent with section 649(j) of the Head Start 
     Act (42 U.S.C. 9844);
       (E) develop, implement, and make publicly available the 
     performance measures and targets described in section 1119;
       (F) increase the number of teachers with bachelor's degrees 
     in early childhood education, or with bachelor's degrees in 
     another closely related field and specialized training and 
     demonstrated competency in early childhood education, 
     including how institutions of higher education will support 
     increasing the number of teachers with such degrees and 
     training, including through the use of assessments of prior 
     learning, knowledge, and skills to facilitate and expedite 
     attainment of such degrees;
       (G) coordinate and integrate the activities funded under 
     this subtitle with Federal, State, and local services and 
     programs that support early childhood education and care, 
     including programs supported under this subtitle, the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.), the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.), the Head Start Act (42 U.S.C. 
     9831 et seq.), the Community Services Block Grant Act (42 
     U.S.C. 9901 et seq.), the Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9858 et seq.), the temporary 
     assistance for needy families program under part A of title 
     IV of the Social Security Act (42 U.S.C. 601 et seq.), the 
     State incentive grant program under section 14006 of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5), Federally funded early literacy programs, the 
     maternal, infant, and early childhood home visiting programs 
     funded under section 511 of the Social Security Act (42 
     U.S.C. 711), health improvements to child care funded under 
     title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.), the program under subtitle B of title VII of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.S. 11431 et 
     seq.), the Investing In Innovation program under section 
     14007 of the American Recovery and Reinvestment Act of 2009 
     (Public Law 111-5), programs authorized under part E of title 
     IV of the Social Security Act (42 U.S.C. 670 et seq.), the 
     Fostering Connections to Success and Increasing Adoptions Act 
     of 2008 (Public Law 110-351), and any other Federal, State, 
     or local early childhood education programs used in the 
     State;
       (H) award subgrants to eligible local entities, and in 
     awarding such subgrants, facilitate a delivery system of 
     high-quality prekindergarten programs that includes diverse 
     providers, such as providers in community-based, public 
     school, and private settings, and consider the system's 
     impact on options for families;
       (I) in the case of a State that does not have a funding 
     mechanism for subgranting funds to implement high-quality 
     prekindergarten, use objective criteria in awarding subgrants 
     to eligible local entities that will implement high-quality 
     prekindergarten programs, including actions the State will 
     take to ensure that eligible local entities will coordinate 
     with local educational agencies or other early learning 
     providers, as appropriate, to carry out activities to provide 
     children served under this subtitle with a successful 
     transition from preschool into kindergarten, which activities 
     shall include--
       (i) aligning curricular objectives and instruction;
       (ii) providing staff professional development, including 
     opportunities for joint-professional development on early 
     learning and kindergarten through grade 3 standards, 
     assessments, and curricula;
       (iii) coordinating family engagement and support services; 
     and
       (iv) encouraging the shared use of facilities and 
     transportation, as appropriate;
       (J) use the State early learning and development standards 
     described in section 1115(1)

[[Page 2998]]

     to address the needs of dual language learners, including by 
     incorporating benchmarks related to English language 
     development;
       (K) identify barriers, and propose solutions to overcome 
     such barriers, which may include seeking assistance under 
     section 1126, in the State to effectively use and integrate 
     Federal, State, and local public funds and private funds for 
     early childhood education that are available to the State on 
     the date on which the application is submitted;
       (L) support articulation agreements (as defined in section 
     486A of the Higher Education Act of 1965 (20 U.S.C. 1093a)) 
     between public 2-year and public 4-year institutions of 
     higher education and other credit-bearing professional 
     development in the State for early childhood teacher 
     preparation programs and closely related fields;
       (M) ensure that the higher education programs in the State 
     have the capacity to prepare a workforce to provide high-
     quality prekindergarten programs;
       (N) support workforce development, including State and 
     local policies that support prekindergarten instructional 
     staff's ability to earn a degree, certification, or other 
     specializations or qualifications, including policies on 
     leave, substitutes, and child care services, including non-
     traditional hour child care;
       (O) hold eligible local entities accountable for use of 
     funds;
       (P) ensure that the State's early learning and development 
     standards are integrated into the instructional and 
     programmatic practices of high-quality prekindergarten 
     programs and related programs and services, such as those 
     provided to children under section 619 and part C of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1419 
     and 1431 et seq);
       (Q) increase the number of children in the State who are 
     enrolled in high-quality kindergarten programs and carry out 
     a strategy to implement such a plan;
       (R) coordinate the State's activities supported by grants 
     under this subtitle with activities in State plans required 
     under the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.), the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.), the Head Start Act 
     (42 U.S.C. 9831 et seq.), the Child Care and Development 
     Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the 
     Adult Education and Family Literacy Act (20 U.S.C. 9201 et 
     seq.);
       (S) encourage eligible local entities to coordinate with 
     community-based learning resources, such as libraries, arts 
     and arts education programs, appropriate media programs, 
     family literacy programs, public parks and recreation 
     programs, museums, nutrition education programs, and programs 
     supported by the Corporation for National and Community 
     Service;
       (T) work with eligible local entities, in consultation with 
     elementary school principals, to ensure that high-quality 
     prekindergarten programs have sufficient and appropriate 
     facilities to meet the needs of children eligible for 
     prekindergarten;
       (U) support local early childhood coordinating entities, 
     such as local early childhood councils, if applicable, and 
     help such entities to coordinate early childhood education 
     programs with high-quality prekindergarten programs to ensure 
     effective and efficient delivery of early childhood education 
     program services;
       (V) support shared services administering entities, if 
     applicable;
       (W) ensure that the provision of high-quality 
     prekindergarten programs will not lead to a diminution in the 
     quality or supply of services for infants and toddlers or 
     disrupt the care of infants and toddlers in the geographic 
     area served by the eligible local entity, which may include 
     demonstrating that the State will direct funds to provide 
     high-quality early childhood education and care to infants 
     and toddlers in accordance with section 1117(d); and
       (X) ensure that all high-quality prekindergarten programs 
     the State supports under this Act will conduct criminal 
     history background checks that meet the requirements of 
     section 9537 on employees and applicants for employment with 
     unsupervised access to children; and
       (3) an inventory of the State's higher education programs 
     that prepare individuals for work in a high-quality 
     prekindergarten program, including--
       (A) certification programs;
       (B) associate degree programs;
       (C) baccalaureate degree programs
       (D) masters degree programs; and
       (E) other programs that lead to a specialization in early 
     childhood education, or a related field.
       (b) Development of Application.--In developing an 
     application for a grant under this subtitle, a State shall 
     consult with the State Advisory Council on Early Childhood 
     Education and Care and incorporate such Council's 
     recommendations, where applicable.
       (c) Construction.--Nothing in this section shall be 
     construed to alter or otherwise affect the rights, remedies, 
     and procedures afforded school employees, local educational 
     agency employees, and the employees of early childhood 
     education programs under Federal, State, or local laws 
     (including applicable regulations or court orders) or under 
     the terms of collective bargaining agreements, memoranda of 
     understanding, or other agreements between such employees and 
     their employers.

     SEC. 1117. STATE USE OF FUNDS.

       (a) Reservation for Quality Improvement Activities.--
       (1) In general.--A State that receives a grant under this 
     subtitle may reserve for, not more than the first 4 years 
     such State receives such a grant, not more than 20 percent of 
     the grant funds for quality improvement activities that 
     support the elements of high-quality prekindergarten 
     programs. Such quality improvement activities may include 
     supporting teachers, center directors, and principals in a 
     State's high-quality prekindergarten program, licensed or 
     regulated child care, or Head Start programs to enable such 
     teachers or directors to earn a baccalaureate degree in early 
     childhood education, or closely-related field, through 
     activities which may include--
       (A) expanding or establishing scholarships, counseling, and 
     compensation initiatives to cover the cost of tuition, fees, 
     materials, transportation, and release time for such 
     teachers;
       (B) providing ongoing professional development 
     opportunities, including regular in-classroom observation by 
     individuals trained in such observation, for such teachers, 
     directors, principals, and teachers assistants to enable such 
     teachers, directors, principals, and teachers assistants to 
     carry out the elements of high-quality prekindergarten 
     programs, which may include activities that address--
       (i) promoting children's development across all of the 
     essential domains of early learning and development;
       (ii) developmentally appropriate curricula and teacher-
     child interaction;
       (iii) effective family engagement;
       (iv) providing culturally competent instruction;
       (v) working with a diversity of children and families, 
     including children with special needs and dual language 
     learners;
       (vi) childhood nutrition and physical education programs;
       (vii) supporting the implementation of evidence-based 
     curricula;
       (viii) social and emotional development; and
       (ix) incorporating age-appropriate strategies of positive 
     behavioral interventions and supports; and
       (C) providing families with increased opportunities to 
     learn how best to support their children's physical, 
     cognitive, social, and emotional development during the first 
     five years of life.
       (2) Not subject to matching.--The amount reserved under 
     paragraph (1) shall not be subject to the matching 
     requirements under section 1120.
       (3) Coordination.--A State that reserves an amount under 
     paragraph (1) shall coordinate the use of such amount with 
     activities funded under section 658G of the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858e) and the 
     Head Start Act (42 U.S.C. 9831 et seq.).
       (4) Construction.--A State may not use funds reserved under 
     this subsection to meet the requirement described in section 
     1112(9)(G).
       (b) Subgrants for High-Quality Prekindergarten Programs.--A 
     State that receives a grant under this subtitle shall award 
     subgrants of sufficient size to eligible local entities to 
     enable such eligible local entities to implement high-quality 
     prekindergarten programs for children who--
       (1) are described in section 1112(9)(A);
       (2) reside within the State; and
       (3) are from families with incomes at or below 200 percent 
     of the poverty line.
       (c) Administration.--A State that receives a grant under 
     this subtitle may reserve not more than 1 percent of the 
     grant funds for administration of the grant, and may use part 
     of that reservation for the maintenance of the State Advisory 
     Council on Early Childhood Education and Care.
       (d) Early Childhood Education and Care Programs for Infants 
     and Toddlers.--
       (1) Use of allotment for infants and toddlers.--An eligible 
     State may apply to use, and the appropriate Secretary may 
     grant permission for the State to use, not more than 15 
     percent of the funds made available through a grant received 
     under this subtitle to award subgrants to early childhood 
     education programs to provide, consistent with the State's 
     early learning and development guidelines for infants and 
     toddlers, high-quality early childhood education and care to 
     infants and toddlers who reside within the State and are from 
     families with incomes at or below 200 percent of the poverty 
     line.
       (2) Application.--To be eligible to use the grant funds as 
     described in paragraph (1), the State shall submit an 
     application to the appropriate Secretary at such time, in 
     such manner, and containing such information as the Secretary 
     may require. Such application shall, at a minimum, include a 
     description of how the State will--
       (A) designate a lead agency which shall administer such 
     funds;
       (B) ensure that such lead agency, in coordination with the 
     State's Advisory Council on Early Childhood Education and 
     Care, will

[[Page 2999]]

     collaborate with other agencies in administering programs 
     supported under this subsection for infants and toddlers in 
     order to obtain input about the appropriate use of such funds 
     and ensure coordination with programs for infants and 
     toddlers funded under the Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9858 et seq.), the Head Start 
     Act (42 U.S.C. 9831 et seq.) (including any Early Learning 
     Quality Partnerships established in the State under section 
     645B of the Head Start Act, as added by section 202), the 
     Race to the Top and Early Learning Challenge program under 
     section 14006 of Public Law 111-5 (123 Stat. 283), the 
     maternal, infant, and early childhood home visiting programs 
     funded under section 511 of the Social Security Act (42 
     U.S.C. 711), and part C of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1431 et seq.);
       (C) ensure that infants and toddlers who benefit from 
     amounts made available under this subsection will transition 
     to and have the opportunity to participate in a high-quality 
     prekindergarten program supported under this subtitle;
       (D) in awarding subgrants, give preference to early 
     childhood education programs that have a plan to increase 
     services to children with special needs, including children 
     with developmental delays or disabilities, children who are 
     dual language learners, homeless children, children who are 
     in foster care, children of migrant families, children 
     eligible for free or reduced-price lunch under the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.), 
     or children in the child welfare system; and
       (E) give priority to activities carried out under this 
     subsection that will increase access to high-quality early 
     childhood education programs for infants and toddlers in 
     local areas with significant concentrations of low-income 
     families that do not currently benefit from such programs.
       (3) Eligible providers.--A State may use the grant funds as 
     described in paragraph (1) to serve infants and toddlers only 
     by working with early childhood education program providers 
     that--
       (A) offer full-day, full-year care, or otherwise meet the 
     needs of working families; and
       (B) meet high-quality standards, such as--
       (i) Early Head Start program performance standards under 
     the Head Start Act (42 U.S.C. 9831 et seq.); or
       (ii) high quality, demonstrated, valid, and reliable 
     program standards that have been established through a 
     national entity that accredits early childhood education 
     programs.
       (4) Federal administration.--
       (A) In general.--The Secretary of Education shall bear 
     responsibility for obligating and disbursing funds to support 
     activities under this subsection and ensuring compliance with 
     applicable laws and administrative requirements, subject to 
     paragraph (3).
       (B) Interagency agreement.--The Secretary of Education and 
     the Secretary of Health and Human Services shall jointly 
     administer activities supported under this subsection on such 
     terms as such Secretaries shall set forth in an interagency 
     agreement. The Secretary of Health and Human Services shall 
     be responsible for any final approval of a State's 
     application under this subsection that addresses the use of 
     funds designated for services to infants and toddlers.
       (C) Appropriate secretary.--In this subsection, the term 
     ``appropriate Secretary'' used with respect to a function, 
     means the Secretary designated for that function under the 
     interagency agreement.

     SEC. 1118. ADDITIONAL PREKINDERGARTEN SERVICES.

       (a) Prekindergarten for 3-year Olds.--Each State that 
     certifies to the Secretary that the State provides 
     universally available, voluntary, high-quality 
     prekindergarten programs for 4-year old children who reside 
     within the State and are from families with incomes at or 
     below 200 percent of the poverty line may use the State's 
     allocation under section 1114(b) to provide high-quality 
     prekindergarten programs for 3-year old children who reside 
     within the State and are from families with incomes at or 
     below 200 percent of the poverty line.
       (b) Subgrants.--In each State that has a city, county, or 
     local educational agency that provides universally available 
     high-quality prekindergarten programs for 4-year old children 
     who reside within the State and are from families with 
     incomes at or below 200 percent of the poverty line the State 
     may use amounts from the State's allocation under section 
     1114(b) to award subgrants to eligible local entities to 
     enable such eligible local entities to provide high-quality 
     prekindergarten programs for 3-year old children who are from 
     families with incomes at or below 200 percent of the poverty 
     line and who reside in such city, county or local educational 
     agency.

     SEC. 1119. PERFORMANCE MEASURES AND TARGETS.

       (a) In General.--A State that receives a grant under this 
     subtitle shall develop, implement, and make publicly 
     available the performance measures and targets for the 
     activities carried out with grant funds. Such measures shall, 
     at a minimum, track the State's progress in--
       (1) increasing school readiness across all domains for all 
     categories of children, as described in section 1123(b)(7), 
     including children with disabilities and dual language 
     learners;
       (2) narrowing school readiness gaps between minority and 
     nonminority children, and low-income children and more 
     advantaged children, in preparation for kindergarten entry;
       (3) decreasing placement for children in elementary school 
     in special education programs and services as described in 
     part B of the Individuals with Disabilities Education Act (20 
     U.S.C. 1411 et seq.);
       (4) increasing the number of programs meeting the criteria 
     for high-quality prekindergarten programs across all types of 
     local eligible entities, as defined by the State and in 
     accordance with section 1112;
       (5) decreasing the need for grade-to-grade retention in 
     elementary school;
       (6) if applicable, ensuring that high-quality 
     prekindergarten programs do not experience instances of 
     chronic absence among the children who participate in such 
     programs;
       (7) increasing the number and percentage of low-income 
     children in high-quality early childhood education programs 
     that receive financial support through funds provided under 
     this subtitle; and
       (8) providing high-quality nutrition services, nutrition 
     education, physical activity, and obesity prevention 
     programs.
       (b) Prohibition of Misdiagnosis Practices.--A State shall 
     not, in order to meet the performance measures and targets 
     described in subsection (a), engage in practices or policies 
     that will lead to the misdiagnosis or under-diagnosis of 
     disabilities or developmental delays among children who are 
     served through programs supported under this subtitle.

     SEC. 1120. MATCHING REQUIREMENTS.

       (a) Matching Funds.--
       (1) In general.--Except as provided in paragraph (2), a 
     State that receives a grant under this subtitle shall provide 
     matching funds from non-Federal sources, as described in 
     subsection (c), in an amount equal to--
       (A) 10 percent of the Federal funds provided under the 
     grant in the first year of grant administration;
       (B) 10 percent of the Federal funds provided under the 
     grant in the second year of grant administration;
       (C) 20 percent of the Federal funds provided under the 
     grant in the third year of grant administration;
       (D) 30 percent of the Federal funds provided under the 
     grant in the fourth year of grant administration;
       (E) 40 percent of the Federal funds provided under the 
     grant in the fifth year of grant administration;
       (F) 50 percent of the Federal funds provided under the 
     grant in the sixth year of grant administration;
       (G) 75 percent of the Federal funds provided under the 
     grant in the seventh year of grant administration; and
       (H) 100 percent of the Federal funds provided under the 
     grant in the eighth and following years of grant 
     administration.
       (2) Reduced match rate.--A State that meets the 
     requirements under subsection (b) may provide matching funds 
     from non-Federal sources at a reduced rate. The full reduced 
     matching funds rate shall be in an amount equal to--
       (A) 5 percent of the Federal funds provided under the grant 
     in the first year of grant administration;
       (B) 5 percent of the Federal funds provided under the grant 
     in the second year of grant administration;
       (C) 10 percent of the Federal funds provided under the 
     grant in the third year of grant administration;
       (D) 20 percent of the Federal funds provided under the 
     grant in the fourth year of grant administration;
       (E) 30 percent of the Federal funds provided under the 
     grant in the fifth year of grant administration;
       (F) 40 percent of the Federal funds provided under the 
     grant in the sixth year of grant administration;
       (G) 50 percent of the Federal funds provided under the 
     grant in the seventh year of grant administration;
       (H) 75 percent of the Federal funds provided under the 
     grant in the eighth year of grant administration; and
       (I) 100 percent of the Federal funds provided under the 
     grant in the ninth and following years of the grant 
     administration.
       (b) Reduced Match Rate Eligibility.--A State that receives 
     a grant under this subtitle may provide matching funds from 
     non-Federal sources at the full reduced rate under subsection 
     (a)(2) if the State--
       (1)(A) offers enrollment in high-quality prekindergarten 
     programs to not less than half of children in the State who 
     are--
       (i) age 4 on the eligibility determination date; and
       (ii) from families with incomes at or below 200 percent of 
     the poverty line; and
       (B) has a plan for continuing to expand access to high-
     quality prekindergarten programs for such children in the 
     State; and
       (2) has a plan to expand access to high-quality 
     prekindergarten programs to children from moderate income 
     families whose income exceeds 200 percent of the poverty 
     line.
       (c) Non-Federal Resources.--
       (1) In cash.--A State shall provide the matching funds 
     under this section in cash

[[Page 3000]]

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

     SEC. 1121. ELIGIBLE LOCAL ENTITY APPLICATIONS.

       (a) In General.--An eligible local entity desiring to 
     receive a subgrant under section 1117(b) shall submit an 
     application to the State, at such time, in such manner, and 
     containing such information as the State may reasonably 
     require.
       (b) Contents.--Each application submitted under subsection 
     (a) shall include the following:
       (1) Parent and family engagement.--A description of how the 
     eligible local entity plans to engage the parents and 
     families of the children such entity serves and ensure that 
     parents and families of eligible children, as described in 
     clauses (i) and (ii) of section 1116(a)(2)(A), are aware of 
     the services provided by the eligible local entity, which 
     shall include a plan to--
       (A) carry out meaningful parent and family engagement, 
     through the implementation and replication of evidence-based 
     or promising practices and strategies, which shall be 
     coordinated with parent and family engagement strategies 
     supported under the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.) and part A of title I and title 
     V of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6311 et seq. and 7201 et seq.), if applicable, to--
       (i) provide parents and family members with the skills and 
     opportunities necessary to become engaged and effective 
     partners in their children's education, particularly the 
     families of dual language learners and children with 
     disabilities, which may include access to literacy services;
       (ii) improve child development; and
       (iii) strengthen relationships among prekindergarten staff 
     and parents and family members; and
       (B) participate in community outreach to encourage families 
     with eligible children to participate in the eligible local 
     entity's high-quality prekindergarten program, including--
       (i) homeless children;
       (ii) dual language learners;
       (iii) children in foster care;
       (iv) children with disabilities; and
       (v) migrant children.
       (2) Coordination & alignment.--A description of how the 
     eligible local entity will--
       (A) coordinate, if applicable, the eligible local entity's 
     activities with--
       (i) Head Start agencies (consistent with section 642(e)(5) 
     of the Head Start Act (42 U.S.C. 9837(e)(5)), if the local 
     entity is not a Head Start agency;
       (ii) local educational agencies, if the eligible local 
     entity is not a local educational agency;
       (iii) providers of services under part C of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1431 et seq.);
       (iv) programs carried out under section 619 of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1419); 
     and
       (v) if feasible, other entities carrying out early 
     childhood education programs and services within the area 
     served by the local educational agency.
       (B) develop a process to promote continuity of 
     developmentally appropriate instructional programs and shared 
     expectations with local elementary schools for children's 
     learning and development as children transition to 
     kindergarten;
       (C) organize, if feasible, and participate in joint 
     training, when available, including transition-related 
     training for school staff and early childhood education 
     program staff;
       (D) establish comprehensive transition policies and 
     procedures, with applicable elementary schools and 
     principals, for the children served by the eligible local 
     entity that support the school readiness of children 
     transitioning to kindergarten, including the transfer of 
     early childhood education program records, with parental 
     consent;
       (E) conduct outreach to parents, families, and elementary 
     school teachers and principals to discuss the educational, 
     developmental, and other needs of children entering 
     kindergarten;
       (F) help parents, including parents of children who are 
     dual language learners, understand and engage with the 
     instructional and other services provided by the kindergarten 
     in which such child will enroll after participation in a 
     high-quality prekindergarten program; and
       (G) develop and implement a system to increase program 
     participation of underserved populations of eligible 
     children, especially homeless children, children eligible for 
     a free or reduced-price lunch under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.), parents 
     of children who are dual language learners, and parents of 
     children with disabilities.
       (3) Protections for special populations.--A description of 
     how the eligible local entity will meet the diverse needs of 
     children in the community to be served, including children 
     with disabilities, children whose native language is not 
     English, children with other special needs, children in the 
     State foster care system, and homeless children. Such 
     description shall demonstrate, at a minimum, how the entity 
     plans to--
       (A) ensure the eligible local entity's high-quality 
     prekindergarten program is accessible and appropriate for 
     children with disabilities and dual language learners;
       (B) establish effective procedures for providing necessary 
     early screening for learning issues and delays in early 
     literacy and math skill development and intervening services 
     based on these screenings to children with disabilities prior 
     to an eligibility determination by the State or local agency 
     responsible for providing services under section 619 or part 
     C of the Individuals with Disabilities Education Act (20 
     U.S.C. 1419 and 1431 et seq.);
       (C) establish effective procedures for timely referral of 
     children with disabilities to the State or local agency 
     described in subparagraph (B);
       (D) ensure that the eligible local entity's high-quality 
     prekindergarten program works with appropriate entities to 
     address the elimination of barriers to immediate and 
     continuous enrollment for homeless children; and
       (E) ensure access to and continuity of enrollment in high-
     quality prekindergarten programs for migratory children, if 
     applicable, and homeless children, including through policies 
     and procedures that require--
       (i) outreach to identify migratory children and homeless 
     children;
       (ii) immediate enrollment, including enrollment during the 
     period of time when documents typically required for 
     enrollment, including health and immunization records, proof 
     of eligibility, and other documents, are obtained;
       (iii) continuous enrollment and participation in the same 
     high-quality prekindergarten program for a child, even if the 
     child moves out of the program's service area, if that 
     enrollment and participation are in the child's best 
     interest, including by providing transportation when 
     necessary;
       (iv) professional development for high-quality 
     prekindergarten program staff regarding migratory children 
     and homelessness among families with young children; and
       (v) in serving homeless children, collaboration with local 
     educational agency liaisons designated under section 
     722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance 
     Act (42 U.S.C. 11432(g)(1)(J)(ii)), and local homeless 
     service providers.
       (4) Accessible comprehensive services.--A description of 
     how the eligible local entity plans to provide accessible 
     comprehensive services, described in section 1112(9)(I), to 
     the children the eligible local entity serves. Such 
     description shall provide information on how the entity 
     will--
       (A) conduct a data-driven community assessment in 
     coordination with members of the community, including parents 
     and community organizations, or use a recently conducted 
     data-driven assessment, which--
       (i) may involve an external partner with expertise in 
     conducting such needs analysis, to determine the most 
     appropriate social or other support services to offer through 
     the eligible local entity's on-site comprehensive services to 
     children who participate in high-quality prekindergarten 
     programs; and
       (ii) shall consider the resources available at the school, 
     local educational agency, and

[[Page 3001]]

     community levels to address the needs of the community and 
     improve child outcomes; and
       (B) have a coordinated system to facilitate the screening, 
     referral, and provision of services related to health, 
     nutrition, mental health, disability, and family support for 
     children served by the eligible local entity.
       (5) Workforce.--A description of how the eligible local 
     entity plans to support the instructional staff of such 
     entity's high-quality prekindergarten program, which shall, 
     at a minimum, include a plan to provide high-quality 
     professional development, or facilitate the provision of 
     high-quality professional development through an external 
     partner with expertise and a demonstrated track record of 
     success, based on scientifically valid research, that will 
     improve the knowledge and skills of high-quality 
     prekindergarten teachers and staff through activities, which 
     may include--
       (A) acquiring content knowledge and learning teaching 
     strategies needed to provide effective instruction that 
     addresses the State's early learning and development 
     standards described under section 1115(1), including 
     professional training to support the social and emotional 
     development of children;
       (B) enabling high-quality prekindergarten teachers and 
     staff to pursue specialized training in early childhood 
     development;
       (C) enabling high-quality prekindergarten teachers and 
     staff to acquire the knowledge and skills to provide 
     instruction and appropriate language and support services to 
     increase the English language skills of dual language 
     learners;
       (D) enabling high-quality prekindergarten teachers and 
     staff to acquire the knowledge and skills to provide 
     developmentally appropriate instruction for children with 
     disabilities;
       (E) promoting classroom management;
       (F) providing high-quality induction and support for 
     incoming high-quality prekindergarten teachers and staff in 
     high-quality prekindergarten programs, including through the 
     use of mentoring programs and coaching that have a 
     demonstrated track record of success;
       (G) promoting the acquisition of relevant credentials, 
     including in ways that support career advancement through 
     career ladders; and
       (H) enabling high-quality prekindergarten teachers and 
     staff to acquire the knowledge and skills to provide 
     culturally competent instruction for children from diverse 
     backgrounds.

     SEC. 1122. REQUIRED SUBGRANT ACTIVITIES.

       (a) In General.--An eligible local entity that receives a 
     subgrant under section 1117(b) shall use subgrant funds to 
     implement the elements of a high-quality prekindergarten 
     program for the children described in section 1117(b).
       (b) Coordination.--
       (1) Local educational agency partnerships with local early 
     childhood education programs.--A local educational agency 
     that receives a subgrant under this subtitle shall provide an 
     assurance that the local educational agency will enter into 
     strong partnerships with local early childhood education 
     programs, including programs supported through the Head Start 
     Act (42 U.S.C. 9831 et seq.).
       (2) Eligible local entities that are not local educational 
     agencies.--An eligible local entity that is not a local 
     educational agency that receives a subgrant under this 
     subtitle shall provide an assurance that such entity will 
     enter into strong partnerships with local educational 
     agencies.

     SEC. 1123. REPORT AND EVALUATION.

       (a) In General.--Each State that receives a grant under 
     this subtitle shall prepare an annual report, in such manner 
     and containing such information as the Secretary may 
     reasonably require.
       (b) Contents.--A report prepared under subsection (a) shall 
     contain, at a minimum--
       (1) a description of the manner in which the State has used 
     the funds made available through the grant and a report of 
     the expenditures made with the funds;
       (2) a summary of the State's progress toward providing 
     access to high-quality prekindergarten programs for children 
     eligible for such services, as determined by the State, from 
     families with incomes at or below 200 percent of the poverty 
     line, including the percentage of funds spent on children 
     from families with incomes--
       (A) at or below 100 percent of the poverty line;
       (B) at or below between 101 and 150 percent of the poverty 
     line; and
       (C) at or below between 151 and 200 percent of the poverty 
     line;
       (3) an evaluation of the State's progress toward achieving 
     the State's performance targets, described in section 1119;
       (4) data on the number of high-quality prekindergarten 
     program teachers and staff in the State (including teacher 
     turnover rates and teacher compensation levels compared to 
     teachers in elementary schools and secondary schools), 
     according to the setting in which such teachers and staff 
     work (which settings shall include, at a minimum, Head Start 
     programs, public prekindergarten, and child care programs) 
     who received training or education during the period of the 
     grant and remained in the early childhood education program 
     field;
       (5) data on the kindergarten readiness of children in the 
     State;
       (6) a description of the State's progress in effectively 
     using Federal, State, and local public funds and private 
     funds, for early childhood education;
       (7) the number and percentage of children in the State 
     participating in high-quality prekindergarten programs, 
     disaggregated by race, ethnicity, family income, child age, 
     disability, whether the children are homeless children, and 
     whether the children are dual language learners;
       (8) data on the availability, affordability, and quality of 
     infant and toddler care in the State;
       (9) the number of operational minutes per week and per year 
     for each eligible local entity that receives a subgrant;
       (10) the local educational agency and zip code in which 
     each eligible local entity that receives a subgrant operates;
       (11) information, for each of the local educational 
     agencies described in paragraph (10), on the percentage of 
     the costs of the public early childhood education programs 
     that is funded from Federal, from State, and from local 
     sources, including the percentages from specific funding 
     programs;
       (12) data on the number and percentage of children in the 
     State participating in public kindergarten programs, 
     disaggregated by race, family income, child age, disability, 
     whether the children are homeless children, and whether the 
     children are dual language learners, with information on 
     whether such programs are offered--
       (A) for a full-day; and
       (B) at no cost to families;
       (13) data on the number of individuals in the State who are 
     supported with scholarships, if applicable, to meet the 
     baccalaureate degree requirement for high-quality 
     prekindergarten programs, as defined in section 1112; and
       (14) information on--
       (A) the numbers and rates of expulsion, suspension, and 
     similar disciplinary action, of children in the State 
     participating in high-quality prekindergarten programs, 
     provided by any eligible local entity, as defined in section 
     1112(7) of this title;
       (B) the State's progress in establishing policies on 
     effective behavior management strategies and training that 
     promote positive social and emotional development to 
     eliminate expulsions and extended suspensions of children 
     participating in high-quality prekindergarten programs; and
       (C) the State's policies on providing early learning 
     services to children in the State participating in high-
     quality prekindergarten programs who have been suspended.
       (c) Submission.--A State shall submit the annual report 
     prepared under subsection (a), at the end of each fiscal 
     year, to the Secretary, the Secretary of Health and Human 
     Services, and the State Advisory Council on Early Childhood 
     Education and Care.
       (d) Cooperation.--An eligible local entity that receives a 
     subgrant under this subtitle shall cooperate with all Federal 
     and State efforts to evaluate the effectiveness of the 
     program the entity implements with subgrant funds.
       (e) National Report.--The Secretary shall compile and 
     summarize the annual State reports described under subsection 
     (c) and shall prepare and submit an annual report to Congress 
     that includes a summary of such State reports.

     SEC. 1124. PROHIBITION OF REQUIRED PARTICIPATION OR USE OF 
                   FUNDS FOR ASSESSMENTS.

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

     SEC. 1125. COORDINATION WITH HEAD START PROGRAMS.

       (a) Increased Access for Younger Children.--Not later than 
     1 year after the date of enactment of this Act, the Secretary 
     and the Secretary of Health and Human Services shall develop 
     a process--
       (1) for use in the event that Head Start programs funded 
     under the Head Start Act (42 U.S.C. 9831 et seq.) operate in 
     States or

[[Page 3002]]

     regions that have achieved sustained universal, voluntary 
     access to 4-year old children who reside within the State and 
     who are from families with incomes at or below 200 percent of 
     the poverty line to high-quality prekindergarten programs; 
     and
       (2) for how such Head Start programs will begin converting 
     slots for children who are age 4 on the eligibility 
     determination date to children who are age 3 on the 
     eligibility determination date, or, when appropriate, 
     converting Head Start Programs into Early Head Start programs 
     to serve infants and toddlers.
       (b) Community Need and Resources.--The process described in 
     subsection (a) shall--
       (1) be carried out on a case-by-case basis and shall ensure 
     that sufficient resources and time are allocated for the 
     development of such a process so that no child or cohort is 
     excluded from currently available services; and
       (2) ensure that any conversion shall be based on community 
     need and not on the aggregate number of children served in a 
     State or region that has achieved sustained, universal, 
     voluntary access to high-quality prekindergarten programs.
       (c) Public Comment and Notice.--Not fewer than 90 days 
     after the development of the proposed process described in 
     subsection (a), the Secretary and the Secretary of Health and 
     Human Services shall publish a notice describing such 
     proposed process for conversion in the Federal Register 
     providing at least 90 days for public comment. The 
     Secretaries shall review and consider public comments prior 
     to finalizing the process for conversion of Head Start slots 
     and programs.
       (d) Reports to Congress.--Concurrently with publishing a 
     notice in the Federal Register as described in subsection 
     (c), the Secretaries shall provide a report to the Committee 
     on Education and the Workforce of the House of 
     Representatives and the Committee on Health, Education, 
     Labor, and Pensions of the Senate that provides a detailed 
     description of the proposed process described in subsection 
     (a), including a description of the degree to which Head 
     Start programs are providing State-funded high-quality 
     prekindergarten programs as a result of the grant opportunity 
     provided under this subtitle in States where Head Start 
     programs are eligible for conversion described in subsection 
     (a).

     SEC. 1126. TECHNICAL ASSISTANCE IN PROGRAM ADMINISTRATION.

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

     SEC. 1127. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     subtitle--
       (1) $1,300,000,000 for fiscal year 2016;
       (2) 3,250,000,000 for fiscal year 2017;
       (3) $5,780,000,000 for fiscal year 2018;
       (4) $7,580,000,000 for fiscal year 2019;
       (5) $8,960,000,000 for fiscal year 2020; and
       (6) such sums as may be necessary for each of fiscal years 
     2021 through 2025.

             Subtitle B--Prekindergarten Development Grants

     SEC. 1151. PREKINDERGARTEN DEVELOPMENT GRANTS.

       (a) In General.--From the amounts appropriated under 
     subsection (f), the Secretary of Education, in consultation 
     with the Secretary of Health and Human Services, shall award 
     competitive grants to States that wish to increase the 
     capacity and build the infrastructure within the State to 
     offer high-quality prekindergarten programs.
       (b) Eligibility.--A State that is not receiving funds under 
     section 1115 may compete for grant funds under this subtitle 
     if the State provides an assurance that the State will, 
     through the support of grant funds awarded under this 
     subtitle, meet the eligibility requirements of section 1115 
     not later than 3 years after the date the State first 
     receives grant funds under this subtitle.
       (c) Grants.--
       (1) Duration.--The Secretary shall award grants to States 
     under this subtitle for a period of not more than 3 years and 
     such grants shall not be renewed.
       (2) Authority to subgrant.--
       (A) In general.--A State receiving a grant under this 
     subtitle may use the grant funds to make subgrants to 
     eligible local entities (defined in section 1112(7)) to carry 
     out activities under the grant.
       (B) Eligible local entities.--An eligible local entity 
     receiving a subgrant under subparagraph (A) shall comply with 
     the requirements for States receiving a grant under this 
     subtitle, as appropriate.
       (d) Application.--
       (1) In general.--A Governor of a State that desires to 
     receive a grant under this subtitle shall submit an 
     application to the Secretary of Education at such time, in 
     such manner, and accompanied by such information as the 
     Secretary may reasonably require, including a description of 
     how the State plans to become eligible for grants under 
     section 1115 by not later than 3 years after the date the 
     State first receives grant funds under this subtitle.
       (2) Development of application.--In developing an 
     application for a grant under this subtitle, a Governor of a 
     State shall consult with the State Advisory Council on Early 
     Childhood Education and Care, and incorporate their 
     recommendations, where applicable.
       (e) Matching Requirement.--
       (1) In general.--To be eligible to receive a grant under 
     this subtitle, a State shall contribute for the activities 
     for which the grant was awarded non-Federal matching funds in 
     an amount equal to not less than 20 percent of the amount of 
     the grant.
       (2) Non-federal funds.--To satisfy the requirement of 
     paragraph (1), a State may use--
       (A) cash; or
       (B) an in-kind contribution.
       (3) Financial hardship waiver.--The Secretary may waive 
     paragraph (1) or reduce the amount of matching funds required 
     under that paragraph for a State that has submitted an 
     application for a grant under this subtitle if the State 
     demonstrates, in the application, a need for such a waiver or 
     reduction due to extreme financial hardship, as determined by 
     the Secretary of Education.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this subtitle--
       (1) $750,000,000 for fiscal year 2016; and
       (2) such sums as may be necessary for each of fiscal years 
     2017 through 2025.

  The Acting CHAIR. Pursuant to House Resolution 125, the gentleman 
from Virginia (Mr. Scott) and a Member opposed each will control 10 
minutes.
  The Chair recognizes the gentleman.
  Mr. SCOTT of Virginia. Madam Chair, I yield myself 5 minutes.
  In the unanimous decision of Brown v. Board of Education, the Supreme 
Court said:

       In these days, it is doubtful that any child may reasonably 
     be expected to succeed in life if . . . denied the 
     opportunity of an education. Such an opportunity, where the 
     State has undertaken to provide it, is a right which must be 
     made available to all on equal terms.

  The fact is that equal educational opportunities are not now 
available in low-income communities: first, because education is 
generally funded by the local real estate taxes, guaranteeing that 
wealthier areas will have more resources for education; and, second, 
because, in the normal give and take of politics, low-income areas 
never do as well as wealthier areas.
  All of these studies conclude that areas of concentrated poverty need 
more, not less, in order to provide adequate educational opportunities.
  With the 1965 enactment of the first Elementary and Secondary 
Education Act, Congress provided Federal money to address ``the special 
educational needs of children of low-income families and the impact 
that concentrations of low-income families have on the ability of local 
educational agencies to support adequate educational programs.''
  Unfortunately, today, only a small handful of States has taken steps 
to completely equalize their education funding. ESEA was not and should 
never become a general education fund for all. The purpose of the law 
is to provide States limited, supplemental funding that is targeted to 
schools and students left behind in what remains an unequal system.
  Over the last 50 years, we have recognized that students with 
disabilities, neglected and delinquent students, homeless students, and 
nonnative English speaking students also faced local educational 
systems unprepared and sometimes unwilling to provide the resources 
they needed.
  We have made a difference. The improvement is real. Graduation rates 
are at all-time highs, and achievement gaps have narrowed. We have made 
real progress, but there is still a lot more that needs to be done.
  The amendment before us is a substitute for the underlying bill 
because H.R. 5, in its current form, retreats from the most important 
principles of ESEA. During this debate, no one has refuted our 
assertion that this bill takes money from the poorest school districts 
in America and gives it to the most affluent ones. That is because the 
assertion is true.
  Baltimore City, with a higher concentration of low-income students, 
will

[[Page 3003]]

lose an estimated $5.7 million under H.R. 5, an 11 percent decrease, 
while the Baltimore suburb of Howard County, with lower poverty levels, 
will gain $1.1 million, which is a 25 percent increase.
  Chicago City schools have a student population with 85 percent 
receiving free and reduced lunches. The suburb of Naperville has 13 
percent of students receiving free and reduced lunches. Under H.R. 5, 
Chicago loses $64 million, while Naperville gains a half a million. 
Republicans call this ``portability.'' We call it reverse Robin Hood, 
taking from the poor to give to the wealthy.
  In addition to the funding formula change, the bill reduces funding 
levels and eliminates maintenance of effort. Maintenance of effort 
prevents States from reducing educational spending and replacing it 
with Federal money.
  We should guarantee the Federal money will be in addition to ongoing 
State spending so that children will actually benefit from the Federal 
resources. H.R. 5 further eliminates dedicated funding for English 
learners and disabled students.
  The Democratic substitute seeks to address the fundamental flaws 
within the Republican bill. It restores funding priority to areas of 
concentrated poverty, English learners, and the disabled.
  It requires States to set high and meaningful standards for all 
students so that those who graduate from high school will be college 
and career ready and will be able to pursue college or work without 
need for remediation.
  It supports our teachers by ensuring that they will have the 
resources and training they need to do their jobs. It addresses the 
concerns of too much testing by providing States support to improve 
State assessment systems and by providing funding to eliminate all 
unnecessary tests.
  We are faced with a tremendous opportunity to bring our education 
system into the 21st century in order to ensure that all students are 
prepared for success in the global economy.
  Democrats and Republicans agree about the need for flexibility and 
innovation, but where we disagree is on the role of the Federal 
Government. We believe that there is a Federal role in fulfilling the 
promise of the Brown decision: that all students must have access to 
equal educational opportunities.
  The choice is clear. We should reinstate the original purpose of ESEA 
by supporting the substitute amendment.
  Madam Chair, I reserve the balance of my time.
  Mr. KLINE. Madam Chair, I rise in opposition to the gentleman's 
amendment.
  The Acting CHAIR. The gentleman from Minnesota is recognized for 10 
minutes.
  Mr. KLINE. Madam Chair, we have now had a few days to look at the 
851-page amendment that the Democrats brought forward. It was a little 
bit surprising during the markup to have it brought up to us.
  I think one of my colleagues said something about not legislating by 
the pound, but if we had been legislating by the pound, there are a lot 
of pounds there, so I appreciate the time we have had to look at this.
  It seems to me that the Democrats' substitute amendment just doubles 
down on the policy that we have now. The gentleman from Virginia--my 
friend, the ranking member--talked about areas of concentrated poverty, 
and we need to spend money there.
  That is what we do. We spend money there now. We spend a lot more 
money per student in high-poverty areas; yet, in those areas, we have 
less than half the kids graduating.
  He talked about progress that has been made, but right now in 
America, one in five students will drop out of high school. Only 26 
percent of high school seniors are proficient in math, and only 38 
percent of high school seniors--just over a third, Madam Chair--are 
proficient in reading. The current system is not working.
  As I have said again and again in this debate, Republicans and 
Democrats agree that No Child Left Behind is fundamentally flawed and 
needs to be replaced. We have different ideas about how we want to go 
about doing that.
  We believe that the much greater flexibility that the Student Success 
Act affords to superintendents and to local leaders to put the money 
where they think it can get the best results is a better way to do it 
than by adding program after program as we have seen in amendments 
during this debate.
  We have a fundamentally different idea about how best to achieve what 
we all want to achieve, which is an excellent education for every child 
at every school. I think the underlying bill is a much better way to do 
it, and I would encourage my colleagues to oppose the Democrats' 
substitute amendment.
  I reserve the balance of my time.
  Mr. SCOTT of Virginia. Madam Chair, I am pleased to yield 1 minute to 
the gentlewoman from California (Ms. Pelosi), the distinguished 
Democratic leader.
  Ms. PELOSI. I thank the gentleman for yielding, and I congratulate 
him on his great leadership as he has taken the helm as our Democratic 
ranking member on the Education and the Workforce Committee.
  Madam Chair, education is the single most important investment a 
nation can make in its future, a family can make in its children.
  Nothing returns more money to the Treasury than the investment in 
education, whether it is earliest childhood education, K-12, higher 
education, postgrad, lifetime learning; and nothing contributes more to 
the success of our children than education, which gives them a chance 
to succeed.
  That is why, in 1965, Congress passed the Elementary and Secondary 
Education Act, one of the great pillars of President Johnson's war on 
poverty. President Johnson told the people who gathered for the bill 
signing:

       From our very beginnings as a nation, we have felt a fierce 
     commitment to the ideal of education for everyone. It fixed 
     itself into our democratic creed.

  The Republican legislation before us today makes a mockery of this 
legislation's legacy and hollows out the foundation of our democracy: 
an educated and empowered citizenry.
  Here is how. For the first time in more than 50 years, a majority of 
public school students in our country lives in poverty. Too many 
children are getting left behind. This Republican bill slams the door 
of opportunity for students who are striving to earn an education.
  How will students achieve equality of opportunity without equality of 
education? How will students be able to maintain America's innovation 
leadership if they attend schools without a reliable technology 
infrastructure?
  This proposed legislation eviscerates our investments in the future, 
and it is a monumental step backward in keeping our promise to 
America's children.
  Republicans are turning back the clock on civil rights protections, 
academic achievement, funding for struggling schools, access to college 
prep curriculum for underserved children; and they are turning back the 
clock on students of color, students with disabilities, students who 
are homeless or who are living with foster families, migrant students, 
and those learning English as a second language.
  This bill guts resources for the most impoverished schools, and it 
gives those resources to the richest schools. Rather than increase 
investments in schools, this legislation diverts resources and critical 
programs away from our schools, away from our students most in need.
  Rather than provide a pathway for success to help our children 
prepare for the future, this legislation locks in Federal budget cuts 
for the rest of the decade. Rather than ensure funds are used for the 
classroom and teaching, this legislation lets limited resources be used 
for other purposes, such as tax cuts for the wealthy or sports 
stadiums.
  This bill does nothing to invest in early education. It does nothing 
to ensure lifetime learning. It does nothing to update classroom 
technology and infrastructure, and it does nothing to boost the STEM 
curriculum.

                              {time}  1230

  President Obama has already declared his intention to veto this 
recycled, reheated, retrograde, warmed-

[[Page 3004]]

over stew Republican legislation that lacks the support of the civil 
rights community, the English as a second language community, teachers, 
education advocates, and the U.S. Chamber of Commerce.
  Instead, we should take up the alternative bill put forth by Mr. 
Scott. His bill, in its wisdom, protects students' rights, guarantees 
access to world-class education for all students, and supports teachers 
and school leaders with better resources.
  The substitute legislation put forth by Mr. Scott empowers schools 
and districts to tailor to local needs and ensures States set high 
standards and goals so students are career- and college-ready.
  It is our moral obligation as a country to ensure that all children 
have equal access to a well-rounded, world-class education--and Mr. 
Scott's substitute does just that. He has presented an alternative that 
fulfills the promise of the landmark legislation passed in 1965--
another 50-year anniversary--which is to ensure that access to high-
quality education is the right of every student and not just some. We 
must honor that responsibility.
  Madam Chair, frequently, people ask me: What motivated you to be 
involved in politics? I am a mom with five children. I want, of course, 
the best for my children, as every parent does. I saw that they had 
tender loving care, the opportunity for education, and the rest.
  But the best for each of our children is that every other child has 
access to education. We do no favor to our children--and, in my case, 
our grandchildren--if we say, We want the best for you, and not pay 
attention to the needs of other children in our society. What kind of 
transitioning from one generation to the next is it if we say, My kids 
got the best--and, in some cases in this bill--at the expense of other 
children?
  It is just not right. It is not the moral thing to do. It is not the 
patriotic thing to do. It doesn't honor our Founders' commitment to a 
democracy which calls upon an educated population.
  So we must honor all of our responsibilities, personally and 
civically; reject this bill; and make certain that quality education is 
the right of every child in our country.
  I thank Bobby Scott, our ranking member, for giving us that 
opportunity, and I urge all my colleagues to vote ``aye'' on his 
substitute.
  Mr. KLINE. Madam Chair, I yield 4 minutes to the gentleman from 
Indiana (Mr. Rokita), chair of the K-12 subcommittee on the Education 
and the Workforce Committee.
  Mr. ROKITA. I thank the chairman for his leadership throughout this 
entire push.
  What do I mean by push? Madam Speaker, I mean the fact that for the 
last 7-plus years No Child Left Behind--the current Federal law of the 
land with regard to K-12 education in this country--has gone unrenewed. 
And for many of us, in a very real sense, that is just as well. Because 
after a decade of living under No Child Left Behind, and more 
importantly, our children being taught under No Child Left Behind, we 
realized where its shortcomings are and where we need to go next.
  So we have worked on this product. And unlike the Democratic 
substitute, Madam Chair, that we are just now hearing about, this 
product has been 4 years in the works. In fact, it is so well-tuned and 
so well-reviewed that it passed this House in the last Congress. Now, 
finally, with a Republican Senate, we have a chance to move real reform 
that puts power back in the hands of our parents, teachers, local 
leaders, and local taxpayers so that we can again make the child the 
most important thing in the school.
  We are sort of shooting with real bullets here. Again, we can get a 
product to the Senate. We can get that product to conference and then 
to the President's desk. So we are not talking in thin air here. Yet 
this Democratic substitute really does just that.
  Introduced just a few weeks ago during our markup, it seems to be an 
amalgamation of every idea that most parents and most teachers and most 
local taxpayers and entrepreneurs have found to be wrong with education 
ever since the Federal Government has been involved.
  And when I say wrong, it comes with a good deal of data and a good 
deal of evidence that says no Federal bureaucrat knows our kids better 
than that kid's teachers and parents and local school administrators.
  So the whole theme of the Student Success Act is to trust those 
people, knowing that they care about their kids just as much and, in 
probably every case, more than we do here in Washington.
  As the father of a 7-year-old boy with disabilities and a 5-year-old 
boy, I know that is how I feel. We need to act now to reverse the 
Federal mandates under No Child Left Behind and to stop the Obama 
administration from coercing States into adopting its preferred 
education reforms, including adoption of these Common Core standards.
  If we fail to act, the Secretary of Education will continue imposing 
his will on schools unilaterally. In essence, Madam Chair, a national 
school board.
  We have been working on this effort, like I said, for more than 4 
years. Our goal from the beginning has been to roll back the role of 
Federal Government and return to State and local leaders the 
responsibility to deliver a quality education to their students.
  Now, some may say the Student Success Act certainly isn't perfect--
and, as we know, no piece of legislation is--but we have heard over the 
years the concerns, I would say, of every type of stakeholder involved 
in this debate, and we found the right way forward with the Student 
Success Act. Everything in the Student Success Act is significantly 
better than anything in current law.
  And so the question is to my colleagues--certainly my Republican 
colleagues, but also my Democratic colleagues: Do you want to move the 
ball forward or not? Do you want to do something, or not, for our 
children? Or, do you want the Department of Education to become this 
Nation's school board?
  Mr. SCOTT of Virginia. Madam Chair, I yield 1 minute to the 
gentlewoman from Oregon (Ms. Bonamici), a distinguished member of the 
Committee on Education and the Workforce.
  Ms. BONAMICI. Madam Chair, I would like to thank Ranking Member Scott 
for yielding, for his tremendous leadership, and for delivering a 
positive alternative to H.R. 5. I would also like to thank all the 
hardworking staff for their expertise and work.
  Since the Elementary and Secondary Education Act first passed in 
1965, Congress has stood beside America's disadvantaged students and 
neediest communities--those with the highest concentration of low-
income students.
  Unlike H.R. 5, this amendment continues the essential mission of 
delivering resources to students who need them the most. This 
substitute fixes what is broken in No Child Left Behind--and there is a 
lot--and it maintains the original intent of equity.
  We have an opportunity to ensure that all students have access to 
high-quality public education and that schools and educators have the 
support they need to help all students reach high standards.
  I urge my colleagues to support this amendment.
  Mr. KLINE. Madam Chair, I am pleased to yield 3 minutes to the 
gentleman from Oklahoma (Mr. Russell), a new member of the committee 
whose leadership has been very impressive, and his passion on this is 
unmatched.
  Mr. RUSSELL. Madam Chair, for 200 years, we educated our children 
without Federal intrusion. During that time, we not only founded our 
Nation and strengthened it and held it together during a Civil War, we 
won two World Wars and put a man on the Moon. We did it with the 
innovative spirit that local, educated States, families, and people had 
without Federal intrusion mandating how they should be educated.
  Now, we see an opportunity to preserve individual freedom, to 
preserve States' rights, to protect privacy, to allow our teachers, to 
allow our local school boards, to allow our local communities, to 
continue to educate.

[[Page 3005]]

  Some States think that some other States don't do a good job. That 
may be, but it is not their choice, and it is certainly not the Federal 
Government's choice, to coerce and to put things out there.
  My State of Oklahoma is often referred to as ``flyover country.'' But 
our unemployment is 4.2 percent. That is nearly half that of many of 
these States that think that we ought to have some progressive Federal 
control of our education. We have no problem putting our population and 
our workforce to work. We also have the largest per capita population 
of astronauts and those in the space program. So much for lack of 
education in flyover country.
  This is a good measure because we all agree in a bipartisan fashion 
that No Child Left Behind is bad--and it is leaving children behind--
but we get there not by some collective coercive control. We get there 
by relying on teachers, school districts, and local control.
  What this does is repeals the one-size-fits-all accountability 
metric, which will remain if we do nothing. And I think our colleagues, 
Madam Chair, would agree.
  It eliminates over 65 wasteful programs that are currently authorized 
under law and which will remain if we do nothing. It eliminates 
mandates that force local schools to reserve 20 percent of their funds 
for activities that they don't desire to do. Those mandates will remain 
if we do nothing. And it will also prohibit any agency of the Federal 
Government from coercing States to adopt Common Core or any other set 
of standards through waivers, Federal grants, or any other authority. 
That coercion remains if we do nothing.
  And, in bipartisan fashion, it eliminates the Feds from having 
control of individual data from teachers and students--a concern that 
we all share--and that being sent to the Secretary of Education or the 
Department of Education. It also covers tribal data protections that 
are often overlooked as well.
  It strengthens states' rights language that is absent under No Child 
Left Behind. Where it says States may do this or that, it is not the 
Federal Government's authority to do so. Instead, it says States retain 
the right to.
  And also, importantly, Madam Chair, it makes provisions for military 
dependent children, who currently are often overlooked as they move 
from place to place.
  Mr. SCOTT of Virginia. Madam Chair, I yield 2 minutes to the 
gentleman from Maryland (Mr. Hoyer), the Democratic whip.
  Mr. HOYER. Madam Chair, this bill is complex and could be discussed 
for a long period of time. Mr. Scott doesn't have a long period of 
time, and I will be brief.
  I want to point out that when we passed, at the request of President 
Bush, No Child Left Behind, which everybody has recognized does not 
have some of the components that it ought to have and has some 
components that it ought not to have--and Mr. Scott's substitute fixes 
that which is broken--I will point out that that bill passed 384-45.
  This bill has, essentially, been on the floor before and got no 
Democratic votes. How sad it is that on an issue so important to our 
country, we don't have a bipartisan bill.
  Now this bill had no hearings, notwithstanding the fact there are 63 
new Members. I am very pleased--and I thank Mr. Scott--that the 
Democratic alternative includes the full service community school 
program that I have been promoting for years.
  These full service community schools bring the successful model of 
the Judith P. Hoyer Early Childhood Centers to K-12 nationally.
  Opportunities--there are 33 Judy Centers in Maryland, and there will 
be another three opening later this school year. My wife, for whom Judy 
Centers were named, was a strong proponent of this highly successful 
model, which has helped in closing the achievement gaps for thousands 
of students in Maryland. Sadly, H.R. 5 does not include provisions for 
those services, which will make a difference.
  I thank the chairman for his leadership and the ranking member for 
his leadership and contribution.

                              {time}  1245

  Mr. KLINE. Madam Chair, can I inquire as to how much time is 
remaining on each side?
  The Acting CHAIR. The gentleman from Minnesota has 1 minute 
remaining. The gentleman from Virginia has 1\1/2\ minutes remaining.
  Mr. KLINE. Madam Chair, I yield 30 seconds to the gentleman from 
Georgia (Mr. Allen).
  Mr. ALLEN. I thank the gentleman from Minnesota for yielding 30 
seconds.
  Madam Chair, I think we all agree that No Child Left Behind does not 
work. I think we all agree that every child deserves a good education. 
That is what H.R. 5 provides. It provides our teachers, our boards of 
education, and our States the opportunity to innovate.
  Isn't that what education is all about? That is what the business 
world is all about. That is why I am supporting this bill.
  Mr. SCOTT of Virginia. Madam Chair, could you state again how much 
time is left?
  The Acting CHAIR. The gentleman from Virginia has 1\1/2\ minutes 
remaining.
  Mr. SCOTT of Virginia. Madam Chair, I yield 30 seconds to the 
gentleman from California (Mr. Honda).
  Mr. HONDA. I thank the gentleman for yielding.
  Madam Chair, I rise in support of the Democratic substitute amendment 
to H.R. 5. This amendment builds on the lessons we learned from No 
Child Left Behind, protecting our most vulnerable students without 
punishing teachers. It meets the needs of the whole child, provides a 
wraparound service promoting community schools.
  It helps all students count, giving States valuable, disaggregated 
data about individual student groups with individual learning. It is 
innovative, it is creative, and it is encouraging innovative, evidence-
based practices.
  I urge my colleagues to support this amendment.
  Madam Chair, I support the Democratic Substitute Amendment to H.R. 5.
  This amendment builds on the lessons we learned from No Child Left 
Behind . . . protecting our most vulnerable students without punishing 
teachers.
  It addresses the learning needs of the whole child . . . providing 
wrap-around services and promoting community schools.
  It ensures that all students count . . . giving states valuable, 
disaggregated data about individual student groups with individual 
learning needs.
  It supports educational innovation . . . by creating ARPA-ED, and 
encouraging innovative, evidence-based practices.
  It supports and rewards exceptional teachers . . . by creating a STEM 
Master Teacher Corps.
  Most importantly, this amendment continues the Federal commitment to 
students who are in the most need.
  Fifty years ago, President Johnson signed the Elementary and 
Secondary Education Act into law.
  This act was an historic step to help protect our most vulnerable 
students . . . by increasing the Federal commitment to education.
  As we revisit this law, we have a real opportunity to take a step 
forward. To build on the successes and fix the problems.
  Unfortunately, our Republican colleagues chose to take a step 
backwards . . . removing important protections for our most vulnerable 
students.
  I urge my colleagues to support the Democratic Substitute.
  Mr. KLINE. Madam Chair, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Madam Chair, I include for the Record a list 
of civil rights, education, child advocacy, and health-related 
organizations in support of this amendment.


  ORGANIZATIONS IN SUPPORT OF SCOTT SUBSTITUTE AMENDMENT #23 TO H.R. 5

       1. Congressional Asian Pacific American Caucus, 2. 
     Congressional Black Caucus, 3. Congressional Hispanic Caucus, 
     4. Alliance for Excellent Education, 5. American Association 
     on Health and Disability, 6. American Congress of Community 
     Supports and Employment Services, 7. American Foundation for 
     the Blind, 8. American Speech Language Hearing Association, 
     9. Association for University Centers on Disability, 10. 
     Autism National Committee, 11. Autistic Self Advocacy 
     Network, 12. Bazelon Center for Mental

[[Page 3006]]

     Health Law, 13. Brain Injury Association of America, 14. 
     Council for Learning Disabilities, 15. Council of Parent 
     Attorneys and Advocates, 16. Easter Seals, 17. Education 
     Trust, 18. Epilepsy Foundation, 19. Grantmakers in the Arts, 
     20. Knowledge Alliance.
       21. Latino Elected and Appointed Officials: National 
     Taskforce on Education, 22. Leadership Conference on Civil 
     and Human Rights, 23. Lutheran Services in America Disability 
     Network, 24. Mental Health America, 25. National Association 
     of Councils on Developmental Disabilities, 26. National 
     Association of School Psychologists, 27. National Association 
     of State Head Injury Administrators, 28. National Center for 
     Learning Disabilities, 29. National Center for Families 
     Learning, 30. National Center for Special Education in 
     Charter Schools, 31. National Council on Independent Living, 
     32. National Disability Rights Network, 33. National Down 
     Syndrome Congress, 34. National Urban League, 35. Nemours 
     Children's Health System, 36. Perkins, 37. PACER Center, 38. 
     Southern Poverty Law Center, 39. The Arc, 40. TASH.
       41. United Negro College Fund, Inc., 42. Virginia 
     Commonwealth University; University Center for Excellence in 
     Developmental Disabilities, 43. Zero to Three.

  Mr. SCOTT of Virginia. Madam Chair, I yield 30 seconds to my 
colleague from Virginia (Mr. Beyer), former Lieutenant Governor.
  Mr. BEYER. Madam Chair, I rise in support of the Democratic 
substitute.
  H.R. 5 lacks essential protections for our kids. It is our 
responsibility to make sure our kids are safe at school. Too often, 
dangerous and abusive techniques are used to discipline our students, 
disproportionately subjecting minority students and students with 
disabilities to seclusion and restraint in the classroom.
  The Democratic substitute would protect our students by developing 
appropriate national standards on the use of seclusion and restraint. 
We cannot reduce the Federal oversight role for the very reason that 
our kids need to be safe in order to be educated.
  Mr. KLINE. Madam Chair, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Madam Chair, can you remind us how much time 
we have left?
  The Acting CHAIR. The gentleman from Minnesota has 30 seconds 
remaining. The gentleman from Virginia has 30 seconds remaining.
  Mr. SCOTT of Virginia. Madam Chair, I yield 15 seconds to the 
gentleman from Colorado (Mr. Polis).
  Mr. POLIS. While not perfect, the Democratic substitute is a lot 
better base bill than the Republican version. It does a better job 
getting accountability right, expanding and replicating what works in 
public education, and changing what doesn't work in public education.
  Mr. SCOTT of Virginia. Madam Chair, is the gentleman prepared to 
close?
  Mr. KLINE. I am.
  Mr. SCOTT of Virginia. Madam Chair, I would like to take a moment to 
thank my staff and would like to introduce a list of the staff members 
who have worked hard on this bill: Denise Forte, Jacque Chevalier, 
Christian Haines, Kelly Broughan, Scott Groginsky, Ashlyn Holeyfield, 
Brett Roude, and Theresa Thompson. They worked hard on this bill.
  We were given 2 legislative days to put a substitute together. We did 
the best we could.
  I yield back the balance of my time.
  Mr. KLINE. Madam Chair, I feel like I have to compliment the minority 
for writing a bill in 2 days that is a ream and a half of paper--that 
is quite an accomplishment--that adds more programs, costs more money, 
and doubles down on what are failed policies.
  The Democrat substitute, frankly, is going in exactly the wrong 
direction.
  I urge my colleagues to oppose that substitute, 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 Virginia (Mr. Scott).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. SCOTT of Virginia. Madam 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 Virginia 
will be postponed.
  Mr. KLINE. Madam Chair, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Womack) having assumed the chair, Mrs. Black, 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.

                          ____________________