[Congressional Record (Bound Edition), Volume 161 (2015), Part 8]
[Senate]
[Pages 11246-11262]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2178. Mr. COONS (for himself, Mr. Blunt, and Mr. Reed) submitted 
an amendment intended to be proposed to amendment SA 2089 submitted by 
Mr. Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 170, strike lines 20 through 25, and insert the 
     following:
       ``(A) In general.--Each local educational agency shall 
     reserve at least 1 percent of its allocation under subpart 2 
     to assist schools to carry out the activities described in 
     this section, except that this subparagraph shall

[[Page 11247]]

     not apply if 1 percent of such agency's allocation under 
     subpart 2 for the fiscal year for which the determination is 
     made is $5,000 or less. Nothing in this subparagraph shall be 
     construed to limit local educational agencies from reserving 
     more than the 1 percent of its allocation under subpart 2 to 
     assist schools to carry out activities described in this 
     section.'';
                                 ______
                                 
  SA 2179. Mr. CRAPO submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

                 PART C--LOCAL LEADERSHIP IN EDUCATION

     SEC. 10301. SHORT TITLE.

       This part may be cited as the ``Local Leadership in 
     Education Act''.

     SEC. 10302. PROHIBITIONS IN THE ELEMENTARY AND SECONDARY 
                   EDUCATION ACT.

       (a) General Prohibitions.--Section 9527 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7907), as 
     amended by section 9110, is further amended--
       (1) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) General Prohibitions.--
       ``(1) In general.--An officer or employee of the Federal 
     Government shall not directly or indirectly, through grants, 
     contracts, or other cooperative agreements under this Act 
     (including waivers under section 9401)--
       ``(A) mandate, direct, or control a State, local 
     educational agency, or school's academic standards, 
     curriculum, program of instruction, or allocation of State or 
     local resources;
       ``(B) mandate a State or any subdivision thereof to spend 
     any funds or incur any costs not paid for under this Act;
       ``(C) incentivize a State, local educational agency, or 
     school to adopt any specific academic standards or a specific 
     curriculum or program of instruction, which shall include 
     providing any priority, preference, or special consideration 
     during an application process based on any specific academic 
     standards, curriculum, or program of instruction;
       ``(D) make financial support available in a manner that is 
     conditioned upon a State, local educational agency, or 
     school's adoption of specific instructional content, academic 
     standards, or curriculum, or on the administration of 
     assessments or tests, even if such requirements are specified 
     in this Act; or
       ``(E) mandate or require States to administer assessments 
     or tests to students.
       ``(2) Rule of construction.--Nothing in this Act shall be 
     construed to authorize an officer or employee of the Federal 
     Government directly or indirectly, whether through grants, 
     contracts, or other cooperative agreements under this Act 
     (including waivers under section 9401), to do any activity 
     prohibited under subsection (a).'';
       (2) by redesignating subsection (c) as subsection (a); and
       (3) by adding at the end the following:
       ``(b) Prohibition on Assessments in Title I.--Part A of 
     title I shall be carried out without regard to any 
     requirement that a State carry out academic assessments or 
     that local educational agencies, elementary schools, and 
     secondary schools make adequate yearly progress.''.
       (b) Prohibition on Waiver Conditions, Requirements, or 
     Preferences.--Section 9401 (20 U.S.C. 7861), as amended by 
     section 9105, is further amended by striking subsection (h) 
     and inserting the following:
       ``(h) Prohibition on Waiver Conditions.--
       ``(1) In general.--The Secretary shall not establish as a 
     condition for granting a waiver under this section--
       ``(A) the approval of academic standards by the Federal 
     government; or
       ``(B) the administration of assessments or tests to 
     students.
       ``(2) Effect on previously issued waivers.--
       ``(A) In general.--Any requirement described in paragraph 
     (1) that was required for a waiver provided to a State, local 
     educational agency, Indian tribe, or school under this 
     section before the date of enactment of the Local Leadership 
     in Education Act shall be void and have no force of law.
       ``(B) Prohibited actions.--The Secretary shall not--
       ``(i) enforce any requirement that is void pursuant to 
     subparagraph (A); and
       ``(ii) require the State, local educational agency, Indian 
     tribe, or school to reapply for a waiver, or to agree to any 
     other condition to replace any requirement that is void 
     pursuant to subparagraph (A), until the end of the period of 
     time specified under the waiver.
       ``(C) No effect on other provisions.--Any other provisions 
     or requirements of a waiver provided under this section 
     before the date of enactment of the Local Leadership in 
     Education Act that are not affected by subparagraph (A) shall 
     remain in effect for the period of time specified under the 
     waiver.''.

     SEC. 10303. PROHIBITION IN THE GENERAL EDUCATION PROVISIONS 
                   ACT.

       Section 438 of the General Education Provisions Act (20 
     U.S.C. 1232a) is amended--
       (1) by striking ``No provision of any applicable program 
     shall be construed to authorize any department, agency, 
     officer, or employee of the United States to'' and inserting 
     ``A department, agency, officer, or employee of the United 
     States shall not'';
       (2) by inserting ``(including the development of 
     curriculum)'' after ``over the curriculum''; and
       (3) by striking ``to'' after ``institution or school 
     system, or''.

     SEC. 10304. PROHIBITION IN RACE TO THE TOP FUNDING.

       Title XIV of Division A of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5) is amended by 
     inserting after section 14007 the following:

     ``SEC. 14007A. PROHIBITION ON ASSESSMENTS.

       ``Notwithstanding any other provision of law, no funds 
     provided under section 14006 of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5, 123 Stat. 283) 
     shall be used to develop, pilot test, field test, implement, 
     administer, or distribute any assessment or testing 
     materials.''.
                                 ______
                                 
  SA 2180. Mr. CRUZ (for himself, Mr. Lee, and Mr. Crapo) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 28, between lines 6 and 7, insert the following:
       ``(vi) include in the plan a description of assessments 
     referred to in paragraph (2), or an accountability system 
     referred to in paragraph (3), of subsection (b), nor may the 
     Secretary require inclusion of a description of such 
     assessments or system in a plan or application, or use 
     inclusion of such assessments or system as a factor in 
     awarding Federal funding, under any other provision of this 
     Act; or
       On page 28, line 7, strike ``(vi)'' and insert ``(vii)''.
       On page 36, strike line 18 and all that follows through 
     line 25 on page 58, and insert the following:
       ``(2) Assessments.--A State may include in the State plan a 
     description of, and may implement, a set of high-quality 
     statewide academic assessments.
       ``(3) Accountability.--A State may include in the State 
     plan a description of, and may implement, an accountability 
     system.
       On page 146, strike line 1 and all that follows through 
     line 23, on page 166.
       On page 183, between lines 6 and 7, insert the following

     SEC. 1008A. STATE-DETERMINED ASSESSMENTS AND ACCOUNTABILITY.

       After section 1118, as redesignated by section 1004(3), 
     insert the following:

     ``SEC. 1119. STATE-DETERMINED ASSESSMENTS AND ACCOUNTABILITY.

       ``Notwithstanding any other provision of law, including any 
     other provision of this Act, wherever in this Act a reference 
     is made to assessments or accountability under this part, 
     including a reference to a provision under paragraphs (2) or 
     (3) of section 1111(b)--
       ``(1) in the case of a State that elects to implement 
     assessments referred to in section 1111(b)(2), a reference to 
     assessments under this part shall be deemed to be a reference 
     to those assessments and shall be carried out to the extent 
     practicable based on the State-determined assessments;
       ``(2) in the case of a State that elects to implement an 
     accountability system referred to in section 1111(b)(3), a 
     reference to accountability under this part shall be deemed 
     to be a reference to accountability under that system, and 
     shall be carried out to the extent practicable based on the 
     State-determined accountability system; and
       ``(3) in the case of any State not described in paragraph 
     (1) or (2), the reference shall have no effect.''.
       On page 185, strike line 19 and all that follows through 
     line 2 on page 228 and insert the following:

     SEC. 1012. REPEAL.

       Part B of title I (20 U.S.C. 6361 et seq.) is repealed.
                                 ______
                                 
  SA 2181. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:
       On page 70, line 3, strike the period and insert the 
     following: ``; and
       ``(iii) use funds under this part to support efforts to 
     expand and replicate successful practices from high-
     performing charter schools, magnet schools, and traditional 
     public schools.
                                 ______
                                 
  SA 2182. Ms. AYOTTE submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize

[[Page 11248]]

the Elementary and Secondary Education Act of 1965 to ensure that every 
child achieves; which was ordered to lie on the table; as follows:

       On page 469, line 22, strike ``as well as'' and insert ``or 
     encourage and develop skills that contribute to''.
                                 ______
                                 
  SA 2183. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 40, between lines 14 and 15, insert the following:

       ``(IV) the inclusion of students in programs that use a 
     Native American language, including American Indian, Native 
     Hawaiian, and Alaska Native languages, as the predominant 
     medium language of instruction, including programs funded by 
     the Bureau of Indian Education, who shall have the option to 
     be assessed in a valid and reliable manner in the language of 
     instruction and form most likely to yield accurate data on 
     what such students know and can do in academic content areas, 
     provided that these students are assessed in English in 
     reading or language arts, even where such assessment is also 
     administered in a Native American language;

                                 ______
                                 
  SA 2184. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 228, between lines 2 and 3, insert the following:

     ``SEC. 1206. DEMONSTRATION OF NATIVE AMERICAN LANGUAGE MEDIUM 
                   EDUCATION.

       ``(a) Purpose.--The purpose of this section is to 
     demonstrate coordinated best practice in carrying out the 
     educational purposes and provisions of the Native American 
     Languages Act (25 U.S.C. 2901) in a variety of existing 
     schools taught predominantly through the medium of Native 
     American languages located on or near lands controlled by a 
     Native American entity.
       ``(b) Awarding of Project.--The Secretary shall award a 
     grant to carry out a demonstration project under this section 
     to an entity that meets the criteria described in subsection 
     (c) and has the most experience in Native American language 
     medium education.
       ``(c) Demonstration Project.--The demonstration project 
     shall--
       ``(1) include established schools or programs that have 
     been in existence for not less than 10 years;
       ``(2) serve Alaska Natives, Native Hawaiians, and American 
     Indians, with at least 1 example school or program from each 
     of these Native categories assisted under this section;
       ``(3) include example classes in preschool, elementary 
     school, intermediate school, and high school;
       ``(4) include a diversity of program types located in a 
     variety of school types, including at least 1 example in each 
     of a Bureau of Indian Affairs school, a public school, a 
     charter school, and a private school;
       ``(5) be for a period of 3 years with an extension for an 
     additional 2 years at the discretion of the Secretary;
       ``(6) be visited in whole or in part by the Secretary and 
     the Secretary of the Interior or their designees;
       ``(7) be lead and coordinated by an entity within a tribal, 
     State, or private institution of higher education with a high 
     level of experience in serving the needs of Native American 
     language medium education at a variety of levels and 
     circumstances on a State and national level; and
       ``(8) provide opportunities for participation of other 
     tribal, State, and private institutions of higher education.
       ``(d) Waivers.--The Secretary may further the purpose of 
     this section by waiving provisions of this Act that the 
     Secretary determines appropriate and not in conflict with 
     other Federal law.
       ``(e) Funding.--The Secretary may fund the demonstration 
     project under this section with unspent funds from other 
     provisions of this Act.
                                 ______
                                 
  SA 2185. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed to amendment SA 2089 submitted by Mr. Alexander (for himself 
and Mrs. Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

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

          ``PART J--INNOVATION SCHOOLS DEMONSTRATION AUTHORITY

     ``SEC. 5910. INNOVATION SCHOOLS.

       ``(a) Purpose.--The purpose of the flexibility authority 
     under this part is to provide local educational agencies with 
     the flexibility to create locally-designed innovation schools 
     in order to achieve increased autonomy and support for 
     innovation schools.
       ``(b) Definitions.--In this part:
       ``(1) Eligible entity.--The term `eligible entity' means a 
     local educational agency that receives a local flexibility 
     agreement under this part.
       ``(2) Eligible state educational agency.--The term 
     `eligible State educational agency' means a State educational 
     agency that has adopted policies or procedures that allow the 
     development, consideration, and approval of innovation school 
     plans, consistent with the provisions of this part.
       ``(3) Innovation school.--The term `innovation school' 
     means a public school that--
       ``(A) is established for the purpose of generating enhanced 
     opportunities for students to learn and achieve through 
     increased educator and school-level professional autonomy and 
     flexibility;
       ``(B) is a collaborative initiative enjoying strong buy-in, 
     pursuant to subparagraphs (F) and (G) of subsection (f)(1), 
     from key stakeholders, including parents, education 
     employees, and representatives of such employees, where 
     applicable;
       ``(C) ensures equitable access for all student populations;
       ``(D) operates with the same degree of transparency and is 
     held to the same accountability standards applicable to other 
     schools in the school district served by the local 
     educational agency that serves the innovation school; and
       ``(E) is not a magnet school.
       ``(c) Authority.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary is authorized to allow eligible State educational 
     agencies to receive flexibility authority to provide local 
     educational agencies with flexibility agreements if such 
     eligible State educational agencies--
       ``(A) demonstrate that flexibility agreements are necessary 
     for the successful operation of innovation schools; and
       ``(B) provide a description of any State or local rules, 
     generally applicable to public schools, that will be waived, 
     or otherwise not apply, to innovation schools.
       ``(2) Exception.--Flexibility authority and flexibility 
     agreements shall not be granted under paragraph (1) with 
     respect to any provision under part B of the Individuals with 
     Disabilities Education Act, title VI of the Civil Rights Act 
     of 1964, or section 504 of the Rehabilitation Act of 1973.
       ``(d) Selection of Local Educational Agencies.--Each 
     eligible State educational agency receiving flexibility 
     authority under subsection (c) shall, to the extent 
     practicable and applicable, ensure that local flexibility 
     agreements made with eligible entities--
       ``(1) prioritize local educational agencies that--
       ``(A) serve the largest numbers or percentages of students 
     from low-income families; or
       ``(B) will use the provided flexibility for innovative 
     strategies in schools identified as in need of intervention 
     and support under section 1114; and
       ``(2) are geographically diverse, including provided to 
     local educational agencies serving urban, suburban, or rural 
     areas.
       ``(e) State Applications and Requirements.--
       ``(1) In general.--An eligible State educational agency 
     desiring to receive flexibility authority under this part 
     shall submit an application to the Secretary at such time and 
     in such manner as the Secretary may require. The application 
     shall include the following:
       ``(A) Description of program.--A description of the 
     eligible State educational agency's objectives in supporting 
     innovation schools, and how the objectives of the program 
     will be carried out, including--
       ``(i) a description of how the State educational agency 
     will--

       ``(I) support the success of innovation schools;
       ``(II) inform local educational agencies, communities, and 
     schools of the opportunity for local flexibility agreements 
     under this part;
       ``(III) work with eligible entities to ensure that 
     innovation schools access all Federal, State, and local funds 
     such schools are eligible to receive;
       ``(IV) work with eligible entities to ensure that 
     innovation schools receive waivers to all Federal, State, and 
     local laws necessary to implement innovation schools' 
     innovation plans;
       ``(V) ensure each eligible entity works with innovation 
     schools to ensure inclusion of all students and promote 
     retention of students in the school; and
       ``(VI) share best and promising practices among innovation 
     schools and other schools;

       ``(ii) a description of how the State educational agency 
     will actively monitor each eligible entity in a local 
     flexibility agreement to hold innovation schools accountable 
     to ensure a high-quality education, including by approving, 
     re-approving, and revoking the innovation plan and its 
     attendant flexibility

[[Page 11249]]

     based on the performance of the innovation school, in the 
     areas of student achievement, student safety, financial 
     management, and compliance with all applicable statutes; and
       ``(iii) a description of how the State educational agency 
     will approve local flexibility agreements, including--

       ``(I) a description of the application each local 
     educational agency desiring to enter into such a flexibility 
     agreement will submit, which application shall include--

       ``(aa) the school innovation plan;
       ``(bb) a description of the roles and responsibilities of 
     local educational agencies and of any other organizations 
     with which the local educational agency will partner to open 
     innovation schools, including administrative and contractual 
     roles and responsibilities;
       ``(cc) a description of the quality controls that will be 
     used by the local educational agency, such as a contract or 
     performance agreement that includes a school's performance in 
     the State's academic accountability system and impact on 
     student achievement;
       ``(dd) a description of the planned activities to be 
     carried out under the flexibility agreement; and
       ``(ee) a description of waivers and other flexibility 
     needed to implement the school innovation plan; and

       ``(II) a description of how the State educational agency 
     will review applications from local educational agencies.

       ``(B) State assurances.--Assurances from the State 
     educational agency that--
       ``(i) each eligible entity will ensure that innovation 
     schools have a high degree of autonomy over budget and 
     operations;
       ``(ii) the State educational agency--

       ``(I) and each eligible entity entering into a local 
     flexibility agreement under this section will ensure that 
     each innovation school that receives funds under the entity's 
     program is meeting the requirements of this Act, part B of 
     the Individuals with Disabilities Education Act, title VI of 
     the Civil Rights Act of 1964, and section 504 of the 
     Rehabilitation Act of 1973; and
       ``(II) will ensure that each eligible entity adequately 
     monitors and provides adequate technical assistance to each 
     innovation school in recruiting, enrolling, and meeting the 
     needs of all students, including children with disabilities 
     and English learners;

       ``(iii) the State educational agency will ensure that the 
     eligible entity will monitor innovation schools, including 
     by--

       ``(I) using annual performance data, including graduation 
     rates and student academic achievement data, as appropriate;
       ``(II) if applicable, 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 innovation schools accountable to the 
     academic, financial, and operational quality controls 
     outlined in the innovation plan, such as through renewal, 
     non-renewal, or revocation of the school's innovation plan;

       ``(iv) the State educational agency will ensure that, to 
     the greatest extent possible, State and local rules, 
     generally applicable to public schools, will be waived, or 
     otherwise not apply, to the extent necessary, to innovation 
     plans at each innovation school;
       ``(v) eligible entities will ensure that each innovation 
     school makes publicly available information to help parents 
     make informed decisions about the education options available 
     to their children, including information on the educational 
     program, student support services, and annual performance and 
     enrollment data for students in the innovation school; and
       ``(vi) the State educational agency consulted with local 
     educational agencies, schools, teachers, principals, other 
     school leaders, and parents in developing the State 
     application.
       ``(2) Additional elements.--The provisions of peer review, 
     approval, determination, demonstration, revision, 
     disapproval, limitations, public review, and additional 
     information applicable to State plans under paragraphs (3), 
     (4), (5), (6), (7), and (8)(B) of section 1111(a) shall apply 
     in the same manner to State applications submitted under this 
     subsection.
       ``(f) Local Educational Agency Applications and 
     Requirements.--A local educational agency that desires to 
     enter into a local flexibility agreement shall submit to the 
     State educational agency such information that the State 
     educational agency shall require, including--
       ``(1) the plans for all approved innovation schools to be 
     served by the local educational agency, which shall include--
       ``(A) a statement of the innovations school's mission and 
     why designation as an innovation school would enhance the 
     school's ability to achieve its mission;
       ``(B) a description of the innovations the public school 
     would implement, which may include, innovations in school 
     staffing, curriculum and assessment, class scheduling and 
     size, use of financial and other resources, and faculty 
     recruitment, employment, evaluation, compensation, and 
     extracurricular activities;
       ``(C) if the innovation school seeks to establish an 
     advisory board, a description of--
       ``(i) the membership of the board (which may include 
     representatives of teachers, parents, students, the local 
     educational agency, the State educational agency, the 
     business community, institutions of higher education, or 
     other community representatives);
       ``(ii) its responsibilities in designing and furthering the 
     mission of the innovation school; and
       ``(iii) how the board will ensure coordination with the 
     local educational agency and State educational agency;
       ``(D) a listing of the programs, policies, or operational 
     documents within the public school that would be affected by 
     the public school's identified innovations and the manner in 
     which they would be affected, which shall include--
       ``(i) the research-based educational program the school 
     would implement;
       ``(ii) the length of school day and school year at the 
     school;
       ``(iii) the student engagement policies to be implemented 
     at the school;
       ``(iv) the school's instruction and assessment plan;
       ``(v) the school's plan to use data, evaluation, and 
     professional learning to improve student achievement;
       ``(vi) the proposed budget for the school;
       ``(vii) the proposed staffing plan or staff compensation 
     model for the school; and
       ``(viii) the professional development needs of leaders and 
     staff to implement the program and how those needs will be 
     addressed;
       ``(E) an identification of the improvements in academic 
     performance that the school expects to achieve in 
     implementing the innovations;
       ``(F) evidence that a majority of the administrators 
     employed at the public school support the request for 
     designation as an innovation school;
       ``(G) evidence that not less than two-thirds of the 
     regularly employed employees at the school vote by secret 
     ballot to approve the school's innovation school plan;
       ``(H) evidence that the school has strong parental support, 
     demonstrated in a manner determined appropriate by the State 
     educational agency;
       ``(I) a description of any regulatory or policy 
     requirements that would need to be waived for the public 
     school to implement its identified innovations; and
       ``(J) any additional information required by the local 
     educational agency in which the innovation plan would be 
     implemented;
       ``(2) a description of any rules or regulations that the 
     local educational agency will waive in order to provide 
     autonomy to the innovation schools and why waiving such 
     regulations will benefit students;
       ``(3) a description of any State regulations that the local 
     educational agency seeks to waive in order to provide 
     autonomy to innovation schools, and why waiving such 
     regulations will benefit students; and
       ``(4) a description of the process that the local 
     educational agency will use to regularly review the progress 
     of innovation schools, including student performance and 
     performance in the State's accountability system and decide 
     whether to revoke or continue the innovation school's 
     autonomy.
       ``(g) Teacher Certification Requirements.--
       ``(1) In general.--Notwithstanding any other provision of 
     this part, except as provided under paragraph (2), not more 
     than 5 percent of the teachers in an innovation school 
     granted flexibility under this part may be unlicensed or 
     uncertified at any one time. Such unlicensed or uncertified 
     teachers shall become licensed or certified within 3 years of 
     being hired.
       ``(2) State requirements.--Innovation schools located in a 
     State with a more lenient teacher license or certification 
     requirement than the requirement described in paragraph (1) 
     may hire teachers in accordance with State teacher license or 
     certification requirements.
       ``(h) Reporting Requirements and Assessments.--
       ``(1) Reporting.--Each eligible State educational agency 
     receiving the flexibility authority granted by the Secretary 
     under this section shall submit to the Secretary, at the end 
     of the third year of the demonstration period and at the end 
     of any renewal period, a report that includes the following:
       ``(A) The number of students served by each innovation 
     school under this part and, if applicable, the number of new 
     students served during each year of the demonstration period, 
     expressed as a total number and as a percentage of the 
     students enrolled in the State and relevant local educational 
     agencies.
       ``(B) The number of innovation schools served under this 
     part.
       ``(C) An overview of the innovations implemented in the 
     innovation schools and the innovation school zones in the 
     districts of innovation.
       ``(D) An overview of the academic performance of the 
     students served in innovation schools, including a comparison 
     between the students' academic performance before and since 
     implementation of the innovations.
       ``(2) Evaluation.--The Director of the Institute of 
     Education Sciences (or a comparable, independent research 
     organization) shall conduct an evaluation of the program 
     under this part after year 3 and 5 of the program and every 2 
     years thereafter.

[[Page 11250]]

       ``(i) Rule of Construction and Prohibitions.--
       ``(1) Rule of construction regarding employment.--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.
       ``(2) Prohibition on federal interference with state and 
     local decisions.--Nothing in this part shall be construed to 
     permit the Secretary to establish any criterion that 
     specifies, defines, or prescribes the terms governing 
     innovation schools served under this part.
       ``(j) Duration of Flexibility Demonstration Authority and 
     Agreements.--
       ``(1) Flexibility demonstration authority.--Flexibility 
     demonstration authority under this part shall be awarded for 
     a period that shall not exceed 5 fiscal years, and may be 
     renewed by the Secretary for 1 additional 2-year period.
       ``(2) Local flexibility agreements.--Local flexibility 
     agreements awarded by an eligible State educational agency 
     under this part shall be for a period of not more than 5 
     years.''.
                                 ______
                                 
  SA 2186. Mr. MURPHY submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

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

     SEC. 5011. PROMISE NEIGHBORHOODS.

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

                    ``PART J--PROMISE NEIGHBORHOODS

     ``SEC. 5910. SHORT TITLE.

       ``This part may be cited as the `Promise Neighborhoods Act 
     of 2015'.

     ``SEC. 5911. PURPOSE.

       ``The purpose of this part is to significantly improve the 
     academic and developmental outcomes of children living in our 
     Nation's most distressed communities, including ensuring 
     school readiness, high school graduation, and college and 
     career readiness for such children, and access to a 
     community-based continuum of high-quality services.

     ``SEC. 5912. PIPELINE SERVICES DEFINED.

       ``In this part, 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:
       ``(1) High-quality early learning opportunities.
       ``(2) High-quality schools and out-of-school-time programs 
     and strategies.
       ``(3) Support for a child's transition to elementary 
     school, 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 and into the 
     workforce, including any comprehensive readiness assessment 
     as deemed necessary.
       ``(4) Family and community engagement.
       ``(5) Family and student supports, which may be provided 
     within the school building.
       ``(6) Activities that support college and career readiness.
       ``(7) Community-based support for 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.

     ``SEC. 5913. PROGRAM AUTHORIZED.

       ``(a) In General.--
       ``(1) Program authorized.--From amounts appropriated to 
     carry out this part, the Secretary shall award grants, on a 
     competitive basis, to eligible entities to implement a 
     comprehensive, evidence-based continuum of coordinated 
     services that meet the purpose of this part by carrying out 
     the activities in neighborhoods with high concentrations of 
     low-income individuals and multiple signs of distress, which 
     may include poverty, childhood obesity rates, academic 
     failure, and rates of juvenile delinquency, adjudication, or 
     incarceration, and persistently low-achieving schools or 
     schools with an achievement gap.
       ``(2) Sufficient size and scope.--Each grant awarded under 
     this part shall be of sufficient size and scope to allow the 
     eligible entity to carry out the purpose of this part.
       ``(b) Duration.--A grant awarded under this part shall be 
     for a period of not more than 5 years, and may be renewed for 
     an additional period of not more than 5 years
       ``(c) Continued Funding.--Continued funding of a grant 
     under this part, including a grant renewed under subsection 
     (b), after the third year of the grant period shall be 
     contingent on the eligible entity's progress toward meeting 
     the performance metrics described in section 5918(a).
       ``(d) Matching Requirement.--
       ``(1) In general.--Each eligible entity receiving a grant 
     under this part shall contribute matching funds in an amount 
     equal to not less than 100 percent of the amount of the 
     grant. Such matching funds shall come from Federal, State, 
     local, and private sources.
       ``(2) Private sources.--The Secretary shall require that a 
     portion of the matching funds come from private sources, 
     which may include in-kind donations.
       ``(3) Adjustment.--The Secretary may adjust the matching 
     funds requirement for applicants that demonstrate high need, 
     including applicants from rural areas or applicant that wish 
     to provide services on tribal lands.
       ``(e) Financial Hardship Waiver.--The Secretary may waive 
     or reduce, on a case-by-case basis, the matching requirement 
     described in subsection (d), including the requirement for 
     funds for private sources for a period of 1 year at a time, 
     if the eligible entity demonstrates significant financial 
     hardship.
       ``(f) Reservation for Rural Areas.--From the amounts 
     appropriated to carry out this part for a fiscal year, the 
     Secretary shall reserve not less than 20 percent for eligible 
     entities that propose to carry out the activities described 
     in section 5916 in rural areas. The Secretary shall reduce 
     the amount described in the preceding sentence if the 
     Secretary does not receive a sufficient number of 
     applications that are deserving of a grant under this part 
     for such purpose.

     ``SEC. 5914. ELIGIBLE ENTITIES.

       ``In this part, the term `eligible entity' means--
       ``(1) an institution of higher education, as defined in 
     section 102 of the Higher Education Act of 1965;
       ``(2) an Indian tribe or tribal organization, as defined 
     under section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b); or
       ``(3) one or more nonprofit entities working in formal 
     partnership with not less than 1 of the following entities:
       ``(A) A high-need local educational agency.
       ``(B) An institution of higher education, as defined in 
     section 102 of the Higher Education Act of 1965.
       ``(C) The office of a chief elected official of a unit of 
     local government.
       ``(D) An Indian tribe or tribal organization, as defined 
     under section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b).

     ``SEC. 5915. APPLICATION REQUIREMENTS.

       ``(a) In General.--An eligible entity desiring a grant 
     under this part shall submit an application to the Secretary 
     at such time, in such manner, and containing such information 
     as the Secretary may require.
       ``(b) Contents of Application.--At a minimum, an 
     application described in subsection (a) shall include the 
     following:
       ``(1) A plan to significantly improve the academic outcomes 
     of children living in a neighborhood that is served by the 
     eligible entity, by providing pipeline services that address 
     the needs of children in the neighborhood, as identified by 
     the needs analysis described in paragraph (4), and supported 
     by evidence-based practices.
       ``(2) A description of the neighborhood that the eligible 
     entity will serve.
       ``(3) Measurable annual goals for the outcomes of the 
     grant, including performance goals, in accordance with the 
     metrics described in section 5918(a), for each year of the 
     grant.
       ``(4) An analysis of the needs and assets, including size 
     and scope of population affected of the neighborhood 
     identified in paragraph (1), including--
       ``(A) a description of the process through which the needs 
     analysis was produced, including a description of how 
     parents, family, and community members were engaged in such 
     analysis;
       ``(B) an analysis of community assets and collaborative 
     efforts, including programs already provided from Federal and 
     non-Federal sources, within, or accessible to, the 
     neighborhood, including, at a minimum, early learning, family 
     and student supports, local businesses, and institutions of 
     higher education;
       ``(C) the steps that the eligible entity is taking, at the 
     time of the application, to address the needs identified in 
     the needs analysis; and
       ``(D) any barriers the eligible entity, public agencies, 
     and other community-based organizations have faced in meeting 
     such needs.
       ``(5) A description of all data that the entity used to 
     identify the pipeline services to be provided and how the 
     eligible entity will collect data on children served by each 
     pipeline service and increase the percentage of children 
     served over time.
       ``(6) A description of the process used to develop the 
     application, including the involvement of family and 
     community members.
       ``(7) A description of how the pipeline services will 
     facilitate the coordination of the following activities:
       ``(A) Providing high-quality early learning opportunities 
     for children, including by providing opportunities for 
     families and expectant parents to acquire the skills to 
     promote

[[Page 11251]]

     early learning and child development, and ensuring 
     appropriate screening, diagnostic assessments, and referrals 
     for children with disabilities and developmental delays, 
     consistent with the Individuals with Disabilities Education 
     Act, where applicable.
       ``(B) Supporting, enhancing, operating, or expanding 
     rigorous and comprehensive evidence-based education reforms, 
     which may include high-quality academic programs, expanded 
     learning time, and programs and activities to prepare 
     students for college admissions and success.
       ``(C) Supporting partnerships between schools and other 
     community resources with an integrated focus on academics and 
     other social, health, and familial supports.
       ``(D) Providing social, health, nutrition, and mental 
     health services and supports, including referrals for 
     essential healthcare and preventative screenings, for 
     children, family, and community members, which may include 
     services provided within the school building.
       ``(E) Supporting evidence-based programs that assist 
     students through school transitions, which may include 
     expanding access to college courses for and college 
     enrollment aide or guidance, and other supports for at-risk 
     youth.
       ``(8) A description of the strategies that will be used to 
     provide pipeline services (including a description of which 
     programs and services will be provided to children, family 
     members, community members, and children not attending 
     schools or programs operated by the eligible entity or its 
     partner providers) to support the purpose of this part.
       ``(9) An explanation of the process the eligible entity 
     will use to establish and maintain family and community 
     engagement, including involving representative participation 
     by the members of such neighborhood in the planning and 
     implementation of the activities of each grant awarded under 
     this part, and the provision of strategies and practices to 
     assist family and community members in actively supporting 
     student achievement and child development, providing services 
     for students, families, and communities within the school 
     building, and collaboration with institutions of higher 
     education, workforce development centers, and employers to 
     align expectations and programming with college and career 
     readiness.
       ``(10) An explanation of how the eligible entity will 
     continuously evaluate and improve the continuum of high-
     quality pipeline services to provide for continuous program 
     improvement and potential expansion.
       ``(11) An identification of the fiscal agent, which may be 
     any entity described in section 5914 (not including paragraph 
     (2) of such section).
       ``(c) Memorandum of Understanding.--An eligible entity, as 
     part of the application described in this section, shall 
     submit a preliminary memorandum of understanding, signed by 
     each partner entity or agency. The preliminary memorandum of 
     understanding shall describe, at a minimum--
       ``(1) each partner's financial and programmatic commitment 
     with respect to the strategies described in the application, 
     including an identification of the fiscal agent;
       ``(2) each partner's long-term commitment to providing 
     pipeline services that, at a minimum, accounts for the cost 
     of supporting the continuum of supports and services 
     (including a plan for how to support services and activities 
     after grant funds are no longer available) and potential 
     changes in local government;
       ``(3) each partner's mission and the plan that will govern 
     the work that the partners do together;
       ``(4) each partner's long-term commitment to supporting the 
     continuum of supports and services through data collection, 
     monitoring, reporting, and sharing; and
       ``(5) each partner's commitment to ensure sound fiscal 
     management and controls, including evidence of a system of 
     supports and personnel.

     ``SEC. 5916. USE OF FUNDS.

       ``(a) In General.--Each eligible entity that receives a 
     grant under this part shall use the grant funds to--
       ``(1) support planning activities to develop and implement 
     pipeline services;
       ``(2) implement the pipeline services, as described in the 
     application under section 5915; and
       ``(3) continuously evaluate the success of the program and 
     improve the program based on data and outcomes.
       ``(b) Special Rules.--
       ``(1) Funds for pipeline services.--Each eligible entity 
     that receives a grant under this part, for the first and 
     second year of the grant, shall use not less than 50 percent 
     of the grant funds to carry out the activities described in 
     subsection (a)(1).
       ``(2) Operational flexibility.--Each eligible entity that 
     operates a school in a neighborhood served by a grant program 
     under this part shall provide such school with the 
     operational flexibility, including autonomy over staff, time, 
     and budget, needed to effectively carry out the activities 
     described in the application under section 5915.
       ``(3) Limitation on use of funds for early childhood 
     education programs.--Funds under this part that are used to 
     improve early childhood education programs shall not be used 
     to carry out any of the following activities:
       ``(A) Assessments that provide rewards or sanctions for 
     individual children or teachers.
       ``(B) A single assessment that is used as the primary or 
     sole method for assessing program effectiveness.
       ``(C) Evaluating children, other than for the purposes of 
     improving instruction, classroom environment, professional 
     development, or parent and family engagement, or program 
     improvement.

     ``SEC. 5917. REPORT AND PUBLICLY AVAILABLE DATA.

       ``(a) Report.--Each eligible entity that receives a grant 
     under this part shall prepare and submit an annual report to 
     the Secretary, which shall include--
       ``(1) information about the number and percentage of 
     children in the neighborhood who are served by the grant 
     program, including a description of the number and percentage 
     of children accessing each support or service offered as part 
     of the pipeline services; and
       ``(2) information relating to the performance metrics 
     described in section 5918(a); and
       ``(b) Publicly Available Data.--Each eligible entity that 
     receives a grant under this part shall make publicly 
     available, including through electronic means, the 
     information described in subsection (a). To the extent 
     practicable, such information shall be provided in a form and 
     language accessible to parents and families in the 
     neighborhood, and such information shall be a part of 
     statewide longitudinal data systems.

     ``SEC. 5918. PERFORMANCE ACCOUNTABILITY AND EVALUATION.

       ``(a) Performance Metrics.--Each eligible entity that 
     receives a grant under this part shall collect data on 
     performance indicators of pipeline services and family and 
     student supports and report the results to the Secretary, who 
     shall use the results as a consideration in continuing grants 
     after the third year and in awarding grant renewals. The 
     indicators shall address the entity's progress toward meeting 
     the goals of this part to significantly improve the academic 
     and developmental outcomes of children living in our Nation's 
     most distressed communities from birth through college and 
     career entry, including ensuring school readiness, high 
     school graduation, and college and career readiness for such 
     children, through the use of data-driven decision making and 
     access to a community-based continuum of high-quality 
     services, beginning at birth.
       ``(b) Evaluation.--The Secretary shall evaluate the 
     implementation and impact of the activities funded under this 
     part, in accordance with section 9601.

     ``SEC. 5919. NATIONAL ACTIVITIES.

       ``From the amounts appropriated to carry out this part for 
     a fiscal year, in addition to the amounts that may be 
     reserved in accordance with section 9601, the Secretary may 
     reserve not more than 8 percent for national activities, 
     which may include research, technical assistance, 
     professional development, dissemination of best practices, 
     and other activities consistent with the purposes of this 
     part.

     ``SEC. 5920. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for each of fiscal years 
     2016 through 2021.''.
                                 ______
                                 
  SA 2187. Mr. FRANKEN (for himself and Mr. Cassidy) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 75, line 18, insert ``disability category as 
     described in subparagraphs (A)(i) and (if applicable for the 
     State) (B)(i) of section 602(3) of the Individuals with 
     Disabilities Education Act,'' after ``homeless status,''.
                                 ______
                                 
  SA 2188. Ms. BALDWIN (for herself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 69, between lines 12 and 13, insert the following:
       ``(M) how the State will ensure the unique needs of 
     students at all levels of schooling are met, particularly 
     students in the middle grades and high school, including how 
     the State will work with local educational agencies to--
       ``(i) assist in the identification of middle grades and 
     high school students who are at-risk of dropping out, such as 
     through the continuous use of student data related to 
     measures such as attendance, student suspensions, course 
     performance, and, postsecondary credit accumulation that 
     results in

[[Page 11252]]

     actionable steps to inform and differentiate instruction and 
     support;
       ``(ii) ensure effective student transitions from elementary 
     school to middle grades and middle grades to high school, 
     such as by aligning curriculum and supports or implementing 
     personal academic plans to enable such students to stay on 
     the path to graduation;
       ``(iii) ensure effective student transitions from high 
     school to postsecondary education, such as through the 
     establishment of partnerships between local educational 
     agencies and institutions of higher education and providing 
     students with choices for pathways to postsecondary 
     education, which may include the integration of rigorous 
     academics, career and technical education, and work-based 
     learning;
       ``(iv) provide professional development to teachers, 
     principals, other school leaders, and other school personnel 
     in addressing the academic and developmental needs of such 
     students; and
       ``(v) implement any other evidence-based strategies or 
     activities that the State determines appropriate for 
     addressing the unique needs of such students;
       On page 69, line 13, strike ``(M)'' and insert ``(N)''.
       On page 69, line 17, strike ``(N)'' and insert ``(O)''.
       On page 772, between lines 14 and 15, insert the following:
       ``(47) Middle grades.--The term middle grades means any of 
     grades 5 through 8.''.
       At the end of the bill, add the following:

     SEC. 1020_. REPORT ON THE REDUCTION OF THE NUMBER AND 
                   PERCENTAGE OF STUDENTS WHO DROP OUT OF SCHOOL.

       Not later than 5 years after the date of enactment of this 
     Act, the Director of the Institute of Education Sciences 
     shall evaluate the impact of section 1111(c)(1)(M) on 
     reducing the number and percentage of students who drop out 
     of school.
                                 ______
                                 
  SA 2189. Ms. BALDWIN (for herself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

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

     SEC. 5011. IMPROVING SECONDARY SCHOOLS.

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

                 ``PART J--IMPROVING SECONDARY SCHOOLS

     ``SEC. 5910. PURPOSES.

       ``The purposes of this part are to increase the number and 
     percentage of students who--
       ``(1) successfully matriculate from middle school to high 
     school;
       ``(2) graduate from high school college- and career-ready 
     with the ability to use knowledge to solve complex problems, 
     think critically, communicate effectively, collaborate with 
     others, and develop academic mindsets;
       ``(3) earn college-level credit and postsecondary 
     credentials, including industry-based credentials, such as 
     through early college and dual enrollment while in high 
     school;
       ``(4) successfully complete sequencing of coursework that 
     integrates rigorous academics with career-based learning and 
     real world workplace experiences; and
       ``(5) graduate from high school prepared to pursue 
     postsecondary degrees in science, technology, engineering, 
     and mathematics, particularly for student groups historically 
     underrepresented in these fields.

     ``SEC. 5911. DEFINITIONS.

       ``In this part:
       ``(1) Applied learning.--The term `applied learning' means 
     a strategy that engages students in opportunities to apply 
     rigorous academic content aligned with college-level 
     expectations to real world experience, through such means as 
     project-based, work-based, or service-based learning, and 
     develops students' cognitive competencies and pertinent 
     employability skills.
       ``(2) Attrition.--The term `attrition' means the reduction 
     in a school's student population as a result of transfers or 
     dropouts and includes students who have been enrolled for a 
     minimum of 3 weeks within the academic year.
       ``(3) Chronically absent.--The term `chronically absent', 
     when used with respect to a student--
       ``(A) means a student who misses not less than 10 percent 
     of the school days at a school; and
       ``(B) does not include any school days a student misses due 
     to an in-school or out-of-school suspension, or for which a 
     student was not enrolled at such school.
       ``(4) Competency-based learning model.--
       ``(A) In general.--The term `competency-based learning 
     model' means an education model in which students advance 
     academically based upon multiple demonstrations of competence 
     in defined content-specific concepts and higher order skills, 
     such as critical thinking and problem solving.
       ``(B) Requirements.--In a competency-based learning model 
     the following applies:
       ``(i) Competencies include explicit, measurable, and 
     transferable learning objectives.
       ``(ii) Assessment is used to identify gaps in a student's 
     knowledge and to provide frequent and meaningful feedback on 
     the student's progression toward filling such gaps and moving 
     on to higher levels of knowledge.
       ``(iii) Each student receives timely, differentiated 
     support based on the student's individual learning needs.
       ``(iv) Student agency is emphasized through transparency of 
     goals and gaps in knowledge, and multiple means to close 
     those gaps.
       ``(5) Eligible entity.--The term `eligible entity' means a 
     local educational agency or a consortium of local educational 
     agencies--
       ``(A) in partnership with--
       ``(i) 1 or more institutions of higher education; and
       ``(ii) 1 or more employers, which may be a nonprofit 
     organization, community-based organization, State or local 
     government agency, business, or an industry-related 
     organization; and
       ``(B) that may include 1 or more external partners, such as 
     a qualified intermediary.
       ``(6) Eligible high school.--The term `eligible high 
     school' means a high school that--
       ``(A) does not receive funding under section 1114(c);
       ``(B) serves a student population of which not less than 40 
     percent are from low-income families as determined by the 
     local educational agency serving such school; and
       ``(C) has a 4-year adjusted cohort graduation rate for all 
     students or for multiple subgroups of students at or below 67 
     percent, except in the case of a high school that, at the 
     time of applying for the grant under this part, is a new high 
     school, as determined by the Secretary.
       ``(7) Eligible middle school.--The term `eligible middle 
     school' means a middle school--
       ``(A) that does not receive funding under section 1114(c);
       ``(B) that serves a student population of which not less 
     than 40 percent are from low-income families as determined by 
     the local educational agency serving such school; and
       ``(C) from which a significant number or percentage of 
     students go on to attend an eligible high school.
       ``(8) Industry-based credential.--The term `industry-based 
     credential' has the meaning given the term `recognized 
     postsecondary credential' in section 3 of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3102).
       ``(9) Personalized learning.--The term `personalized 
     learning' means a learning environment that addresses 
     students' academic and non-academic needs and provides 
     students with an individualized sequence of academic content, 
     skill development, support services, and ensures that each 
     student has an advisor designed to enable the student to 
     achieve the student's individual learning goals and ensure 
     the student graduates on time and ready for college and a 
     career by having developed skills and competencies, including 
     the ability to think critically, solve complex or non-routine 
     problems, evaluate arguments on the basis of evidence, and 
     communicate effectively.
       ``(10) Qualified intermediary.--The term `qualified 
     intermediary' means an entity that has--
       ``(A) a demonstrated record of working on grant-related 
     middle school and high school redesign activities; and
       ``(B) expertise in building and sustaining partnerships 
     with entities such as employers, schools, community-based 
     organizations, institutions of higher education, social 
     service organizations, economic development organizations, 
     and workforce systems to broker services, resources, and 
     supports to youth and the organizations and systems that are 
     designed to serve youth (including connecting employers to 
     classrooms, designing and implementing contextualized 
     pathways to postsecondary education and careers, developing 
     integrated curricula, delivering professional development, 
     and connecting students to internships and other work-based 
     learning opportunities).
       ``(11) Student-centered learning approaches.--The term 
     `student-centered learning approaches' means instruction and 
     curriculum that--
       ``(A) are--
       ``(i) based on personalized learning; and
       ``(ii) mastery oriented or based on competency-based 
     learning models;
       ``(B) enable students to have supports to take increased 
     responsibility over their education and develop self-
     regulation skills; and
       ``(C) are designed to foster the skills and dispositions 
     students need to succeed in college, career, and citizenship, 
     and the competencies described under paragraph (4).
       ``(12) Transfer rate.--The term `transfer rate' means the 
     rate at which students transfer from one high school to 
     another high school, or from one high school to another 
     education setting, for a reason other than due to a change in 
     primary residence, as verified through written documentation 
     by the local educational agency serving the student at the 
     time of the transfer.

     ``SEC. 5912. GRANTS AUTHORIZED.

       ``(a) Program Authorized.--

[[Page 11253]]

       ``(1) In general.--The Secretary shall make grants to State 
     educational agencies with approved State plans to achieve the 
     purposes of this part.
       ``(2) Competitive basis.--For any fiscal year for which the 
     amount appropriated under section 5916 is less than 
     $300,000,000, the Secretary shall award grants to State 
     educational agencies under paragraph (1) on a competitive 
     basis.
       ``(3) Formula basis.--For any fiscal year for which the 
     amount appropriated under section 5916 is equal to or more 
     than $300,000,000, the Secretary shall award grants to State 
     educational agencies from allotments made under subsection 
     (b).
       ``(b) Determination of Allotments.--
       ``(1) Reservation of funds.--For any fiscal year for which 
     the amount appropriated under section 5916 is equal to or 
     more than $300,000,000, the Secretary shall reserve, from the 
     total amount appropriated under section 5916 for the fiscal 
     year--
       ``(A) one half of 1 percent, which shall be awarded, on a 
     competitive basis, by the Bureau of Indian Education for 
     activities consistent with the purposes of this part; and
       ``(B) not more than 2.5 percent for national activities, 
     including evaluation, dissemination of best practices, and 
     technical assistance.
       ``(2) State allotment.--For any fiscal year for which the 
     amount appropriated under section 5916 is equal to or more 
     than $300,000,000, the Secretary shall allot to each State 
     the sum of, from the total amount appropriated under section 
     5916 for a fiscal year and not reserved under paragraph (1)--
       ``(A) an amount that bears the same relationship to 50 
     percent of the sums being allotted as the percentage of 
     students enrolled in high schools in which at least 50 
     percent of enrolled students are student from low-income 
     families, as determined by the local educational agency 
     pursuant to section 1113, in the State bears to the total of 
     such percentages for all the States; and
       ``(B) an amount that bears the same relationship to 50 
     percent of the sums being allotted as the percentage of 
     students enrolled in high schools in the State bears to the 
     total of such percentages for all the States.
       ``(3) Reallotment.--If any State does not apply for an 
     allotment under this subsection for any fiscal year, the 
     Secretary shall reallot the amount of the allotment to the 
     remaining States in accordance with this subsection.
       ``(c) State Use of Funds.--
       ``(1) In general.--A State educational agency awarded a 
     grant under this section shall use not less than 95 percent 
     of the grant funds to award subgrants to eligible entities 
     under section 5914.
       ``(2) State activities.--A State educational agency may use 
     not more than 5 percent of the grant funds for evaluation and 
     capacity building activities, including training, technical 
     assistance, professional development, and administrative 
     costs of carrying out responsibilities under this part.

     ``SEC. 5913. STATE APPLICATION.

       ``(a) In General.--In order to receive a grant for any 
     fiscal year, a State 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 under 
     subsection (a) shall include, at a minimum, the following:
       ``(1) A description of how the State educational agency 
     will utilize funds reserved under section 5912(c)(2) for 
     State activities.
       ``(2) A description of the procedures and criteria the 
     State educational agency will use for reviewing applications 
     and awarding funds to eligible entities on a competitive 
     basis.
       ``(3) An assurance that subgrants awarded to eligible 
     entities under section 5914 will be for a period of 5 years, 
     conditional after 3 years on satisfactory progress on the 
     leading performance indicators described in section 
     5914(b)(2)(G)(i), and renewable for 3 additional 1-year 
     periods, based on satisfactory progress on the core 
     indicators in section 5914(b)(2)(G)(ii).
       ``(4) An assurance that the State educational agency will 
     allow eligible entities to utilize funds awarded under 
     section 5914 for planning purposes for not more than 1 year 
     after receiving a subgrant, and withhold subsequent 
     allocations of subgrant funds if the State educational agency 
     determines an eligible plan to be insufficient to effectively 
     achieve the purpose of this part.
       ``(5) An assurance that funds appropriated to carry out 
     this part will be used to supplement, and not supplant, other 
     Federal, State, and local public funds expended to provide 
     programs and activities authorized under this part and other 
     similar programs.
       ``(6) A description of how the State educational agency 
     will evaluate the effectiveness of programs and activities 
     carried out under this part, including how performance on 
     leading performance indicators described in section 
     5914(b)(2)(G)(i) and core indicators in section 
     5914(b)(2)(G)(ii) will be incorporated into the evaluation.
       ``(7) An articulation agreement that will be entered into 
     with each institution of higher education that will receive 
     funding under this part that requires credit earned as a 
     result of the successful completion of a dual enrollment 
     course funded under this part to be treated as credit earned 
     at the institution in the same manner as such credit would 
     otherwise be earned at such institution.
       ``(8) A description of the policies and strategies that 
     will be implemented to improve school climate.
       ``(c) Approval; Disapproval; Notification; Response; 
     Failure To Respond.--The provisions of approval, disapproval, 
     notification, response, and failure to respond applicable to 
     State applications under subsections (b), (c), (d), (e), and 
     (f) of section 4203 shall apply in the same manner to State 
     applications submitted under this section.

     ``SEC. 5914. SUBGRANTS TO ELIGIBLE ENTITIES.

       ``(a) In General.--A State that receives a grant under this 
     part shall use the portion of the grant funds described under 
     section 5912(c)(1) to award subgrants to eligible entities.
       ``(b) Application.--
       ``(1) In general.--To be eligible to receive a subgrant 
     under this part, an eligible entity shall submit an 
     application to the State educational agency at such time, in 
     such manner, and containing such information as the State 
     educational agency may reasonably require.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall include, at a minimum, the following:
       ``(A) A description of how the eligible entity will use 
     funds awarded under this section to carry out the evidenced-
     based activities described in subsection (c) and provide 
     personalized learning experiences, applied learning 
     opportunities, and student-centered learning approaches, that 
     are accessible to all students.
       ``(B) A description of the responsibilities to be carried 
     out by each member of the eligible entity and additional 
     external partners or qualified intermediaries.
       ``(C) A description of how the eligible entity will sustain 
     the activities proposed, including the availability of funds 
     from non-Federal sources and coordination with other Federal, 
     State, and local funds.
       ``(D) A description of the comprehensive needs assessment 
     and capacity analysis of the eligible entity, eligible middle 
     schools, and eligible high schools that will be served under 
     the subgrant.
       ``(E) A plan to use current regional labor market 
     information and engage employers and community-based 
     organizations in the development of work-related learning 
     opportunities, particularly those in STEM-related fields, 
     including computer science, and other curriculum revisions 
     under subsection (c).
       ``(F) A plan to address the needs of students with 
     disabilities, English language learners, and students who are 
     significantly over-aged and under-credited, in the activities 
     under subsection (c).
       ``(G) The performance indicators and targets the eligible 
     entity will use to assess the effectiveness of the activities 
     implemented under this section disaggregated by the 
     categories of students described in section 
     1111(b)(2)(B)(xi), including--
       ``(i) leading indicators, which may include--

       ``(I) annual, average attendance rates and the number and 
     percentage of students who are chronically absent;
       ``(II) rates, including disproportionality, of expulsions, 
     suspensions, school violence, harassment, and bullying (as 
     defined under State or local laws or policies); and
       ``(III) annual student mobility rates, transfer rates, and 
     attrition rates;

       ``(ii) core indicators, which may include--

       ``(I) graduation rates;
       ``(II) dropout recovery (re-entry) rates;
       ``(III) percentage of students who have on-time credit 
     accumulation at the end of each grade, and whom are on track 
     to graduate within 4 years, and the percentage of students 
     failing a core subject course;
       ``(IV) percentage of students who successfully transitioned 
     from 8th to 9th grade; and
       ``(V) student achievement data, including the percentage of 
     students performing at a proficient level on State academic 
     assessments required under section 1111(b)(2); and

       ``(iii) indicators of postsecondary education readiness, 
     which may include--

       ``(I) percentage of students successfully completing 
     rigorous postsecondary education courses while attending a 
     secondary school, such as Advanced Placement or International 
     Baccalaureate courses;
       ``(II) percentage of students who have on-time credit 
     accumulation at the end of each grade or who have earned 
     postsecondary education credit;
       ``(III) rates of workplace experience and other indicators 
     of the acquisition of employability skills, including the 
     number and percentage of students earning a recognized 
     postsecondary credential, as defined in section 3 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3102); 
     and
       ``(IV) the number and percentage of students completing a 
     registered apprenticeship program (as defined in section 
     171(b) of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3226)).

       ``(c) Required Uses of Funds.--
       ``(1) Districtwide required uses of funds.--An eligible 
     entity that receives a subgrant under this section shall use 
     not less than 15 percent of the subgrant funds to--
       ``(A) implement an early warning indicator system in 
     eligible middle schools and eligible

[[Page 11254]]

     high schools to identify struggling students and create a 
     system of timely and effective evidence-based and 
     linguistically and culturally relevant interventions, by--
       ``(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 to determine whether students are on track to 
     graduate secondary school in 4 years and to guide decision 
     making, such as academic performance in core courses, 
     postsecondary education credit accumulation, and attendance, 
     including the percentage of students who are chronically 
     absent;
       ``(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) 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;
       ``(B) provide support and credit recovery opportunities for 
     students with disabilities, English learners, and students 
     who are over-aged and under-credited, at secondary schools 
     served by the eligible entity or other appropriate settings 
     by offering activities;
       ``(C) provide dropout recovery or re-entry programs that 
     are designed to encourage and support dropouts returning to 
     an educational system, program, or institution following an 
     extended absence in order to graduate college- and career-
     ready;
       ``(D) provide evidence-based middle school to high school 
     transition programs and supports, including through curricula 
     alignment and early high school programs that allow students 
     to earn high school credit in middle school;
       ``(E) strengthen student transitions between schools by 
     implementing a transition strategy based on data collection 
     that monitors the transition between middle school and high 
     school, and high school and postsecondary transitions, and 
     encourages collaboration among elementary school, middle 
     school, and high school grades; and
       ``(F) provide teachers, principals, other school leaders, 
     non-instructional staff, students, and families with high-
     quality, easily accessible, and timely information, beginning 
     in middle school, about--
       ``(i) secondary school graduation requirements;
       ``(ii) postsecondary education application processes;
       ``(iii) postsecondary education admissions processes and 
     requirements, including requirements for pursuing 
     postsecondary degrees in STEM-related subjects, including 
     computer science;
       ``(iv) public financial aid and other available private 
     scholarship and grant aid opportunities;
       ``(v) regional and national labor market information, 
     including information about national and local STEM-related 
     career opportunities, including in computer science; and
       ``(vi) other programs and services for increasing rates of 
     college access and success for students from low-income 
     families.
       ``(2) Required use of funds in eligible middle schools and 
     eligible high schools.--An eligible entity that receives a 
     subgrant under this section shall use the subgrant funds in 
     eligible middle schools and eligible high schools to 
     implement a comprehensive approach that will improve academic 
     achievement and increase on-time grade and graduation 
     completion by--
       ``(A) using early warning indicator and intervention 
     systems described in paragraph (1)(A);
       ``(B) providing personalized learning and applied learning 
     opportunities;
       ``(C) implementing organizational practices and school 
     schedules that allow for collaborative teacher, principal, 
     and other school leader participation, team teaching, and 
     common instructional planning time, including across middle 
     school and high school grades to facilitate effective 
     teaching and learning and positive teacher-student 
     interactions;
       ``(D) increasing the number of teachers certified in the 
     subject area they are assigned to teach;
       ``(E) providing teachers, principals, and other school 
     leaders with ongoing high-quality professional development, 
     including through the use of professional learning 
     communities and joint training for secondary teachers and 
     postsecondary educators, coaching, and mentoring, that 
     prepares teachers, principals, and other school leaders to--
       ``(i) address the academic challenges of students;
       ``(ii) understand the developmental needs of students and 
     how to address those needs in an educational setting;
       ``(iii) implement data-driven interventions; and
       ``(iv) provide academic guidance to students in student-to-
     staff ratios that allows students to make informed decisions 
     about academic options, including financial aid counseling 
     for postsecondary education, so that students can graduate 
     college and career ready; and
       ``(F) improving access to rigorous courses by--
       ``(i) in the case of an eligible middle school, providing 
     all students with the prerequisite coursework necessary to 
     prepare students for participation in rigorous and advanced 
     coursework at the high school level, including in STEM-
     related areas of coursework, including computer science; and
       ``(ii) in the case of an eligible high school, providing 
     all students pathways to earn at least 12 postsecondary 
     education credits while in high school;
       ``(G) promoting the continuous use of student data that 
     results in actionable steps to inform and differentiate 
     instruction and support, including the use of timely data 
     reports that measures attendance, course performance, 
     postsecondary education credit accumulation, and other on-
     track indicators for all students;
       ``(H) providing ongoing mechanisms for strengthening family 
     and community engagement;
       ``(I) providing college and career pathways through such 
     activities as--
       ``(i) implementing a college- and career-ready curriculum 
     that integrates rigorous academics, career and technical 
     education, and work-based learning for high school students 
     in high-skill, high-demand industries in collaboration with 
     local and regional employers including in STEM-related 
     subject areas, such as computer science, and work-based 
     learning experiences;
       ``(ii) in the case of eligible high schools, providing dual 
     enrollment, early college, or accelerated learning courses 
     and postsecondary education credit-bearing advanced 
     coursework opportunities, including opportunities to earn 
     industry-based credentials or other recognized postsecondary 
     education credentials, including opportunities for secondary 
     school students who over-age or under-credited and those who 
     have dropped out of school; or
       ``(iii) designing curricula and sequences of courses, 
     including in STEM-related subjects such as computer science, 
     in collaboration with teachers from the eligible high school 
     and faculty from the partner institution of higher education 
     so that students may simultaneously earn credits toward a 
     high school diploma and earn an associate degree or at least 
     12 transferable postsecondary education credits toward a 
     postsecondary degree at no cost to students or their 
     families;
       ``(J) strengthening the transition between middle school 
     and high school and high school and postsecondary education 
     through such activities as--
       ``(i) providing academic and career counseling, such as 
     through low student-to-counselor ratios, that allow students 
     to make informed decisions about academic and career options, 
     including the use of current labor-market information for 
     students, families, teachers, principals, and other school 
     leaders;
       ``(ii) providing high-quality, age appropriate, college and 
     career exploration opportunities, including college campus 
     visits, work-related learning opportunities, particularly in 
     high demand regional industry areas; and
       ``(iii) providing academic and support services;
       ``(K) making more strategic use of learning time, which may 
     include the effective application of technology and 
     redesigning or extending school calendars, flexible 
     scheduling, implementation of competency-based learning 
     models, and time for educators to carry out systemic reform, 
     including the activities described under this part; and
       ``(L) providing integrated services to address the social, 
     emotional, health, and behavioral needs of students.
       ``(d) Supplement Not Supplant.--An eligible entity shall 
     use Federal funds received under this section only to 
     supplement the funds that would, in the absence of such 
     Federal funds, be made available from other Federal and non-
     Federal sources for the activities described in this section, 
     and not to supplant such funds.

     ``SEC. 5915. REPORTS.

       ``Each eligible entity receiving a subgrant under this part 
     shall collect and report annually to the public and the State 
     educational agency, and the State educational agency shall 
     annually report to the Secretary, such information on the 
     results of the activities assisted under the subgrant as the 
     Secretary may reasonably require, including performance on 
     the indicators described in section 5914(b)(2)(I) 
     disaggregated by each of the categories of students, as 
     defined in section 1111(b)(3)(A).

     ``SEC. 5916. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for each of fiscal years 
     2016 through 2021.''.
                                 ______
                                 
  SA 2190. Ms. BALDWIN (for herself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every

[[Page 11255]]

child achieves; which was ordered to lie on the table; as follows:

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

                 ``PART J--IMPROVING SECONDARY SCHOOLS

     ``SEC. 5910. PURPOSES.

       ``The purposes of this part are to support student dropout 
     prevention, intervention, and recovery and increase the 
     number and percentage of students who--
       ``(1) successfully matriculate from middle school to high 
     school;
       ``(2) graduate from high school college and career ready 
     with the ability to use knowledge to solve complex problems, 
     think critically, communicate effectively, collaborate with 
     others, and develop academic mindsets;
       ``(3) successfully complete sequencing of coursework that 
     integrates rigorous academics with career-based learning and 
     workplace experiences, and earn college credit and 
     postsecondary credentials, including industry-based 
     credentials, such as through early college high school 
     courses and dual or concurrent enrollment while in high 
     school; and
       ``(4) graduate from high school prepared to pursue 
     postsecondary degrees in science, technology, engineering, 
     and mathematics (referred to in this part as `STEM'), 
     particularly for student groups historically underrepresented 
     in these fields.

     ``SEC. 5911. DEFINITIONS.

       ``In this part:
       ``(1) Eligible entity.--The term `eligible entity' means a 
     State or local educational agency or a consortium of local 
     educational agencies--
       ``(A) in partnership with--
       ``(i) 1 or more institutions of higher education; and
       ``(ii) 1 or more employers, which may be a nonprofit 
     organization, community-based organization, State or local 
     government agency, business, or an industry-related 
     organization; and
       ``(B) that may include 1 or more external partners, such as 
     a qualified intermediary.
       ``(2) Eligible high school.--The term `eligible high 
     school' means a high school that--
       ``(A) does not receive funding under section 1114(c);
       ``(B) serves a student population of which not less than 40 
     percent are from low-income families as determined by the 
     local educational agency serving such school; and
       ``(C) has a 4-year adjusted cohort graduation rate for all 
     students or for multiple subgroups of students at or below 67 
     percent, except in the case of a high school that, at the 
     time of applying for the grant under this part, is a new high 
     school, as determined by the Secretary.
       ``(3) Eligible middle school.--The term `eligible middle 
     school' means a middle school--
       ``(A) that does not receive funding under section 1114(c);
       ``(B) that serves a student population of which not less 
     than 40 percent are from low-income families as determined by 
     the local educational agency serving such school; and
       ``(C) from which a significant number or percentage of 
     students go on to attend an eligible high school.

     ``SEC. 5912. GRANTS AUTHORIZED.

       ``(a) Program Authorized.--The Secretary shall award grants 
     to geographically and regionally diverse, including rural and 
     remote areas, eligible entities to achieve the purposes of 
     this part.
       ``(b) Grant Duration.--Grants awarded under this part shall 
     be for a period of 5 years, including 1 year which may be 
     used for planning purposes, and may be renewable based on 
     performance on indicators described in section 5913(b)(5).

     ``SEC. 5913. APPLICATIONS.

       ``(a) In General.--In order to receive a grant for any 
     fiscal year, an eligible entity shall submit an application 
     to the Secretary at such time, in such manner, and containing 
     such information as the Secretary may reasonably require.
       ``(b) Contents.--Each application submitted under 
     subsection (a) shall include, at a minimum, the following:
       ``(1) A description of how the eligible entity will use 
     funds awarded under this section to carry out the evidenced-
     based activities described in subsection (c) and provide 
     personalized learning experiences, applied learning 
     opportunities, and student-centered learning approaches, that 
     are accessible and developmentally appropriate to all 
     students.
       ``(2) A description of how the eligible entity will sustain 
     the activities proposed, including the availability of funds 
     from non-Federal sources and coordination with other Federal, 
     State, and local funds.
       ``(3) A plan to use current regional labor market 
     information and engage employers and community-based 
     organizations in the development of work-based learning 
     opportunities, particularly those in STEM-related fields, 
     including computer science, and other curriculum revisions 
     under subsection (c).
       ``(4) A plan to address the needs of students with 
     disabilities, English language learners, and students who are 
     significantly over-aged and under-credited, in the activities 
     under subsection (c).
       ``(5) The performance indicators and targets the eligible 
     entity will use to assess the effectiveness of the activities 
     implemented under this section disaggregated by the 
     categories of students described in section 
     1111(b)(2)(B)(xi), including--
       ``(A) the number and percentage of students who 
     successfully transitioned from 8th to 9th grade;
       ``(B) student achievement data, including the number and 
     percentage of students performing at a proficient level on 
     State academic assessments required under section 1111(b)(2);
       ``(C) the number and percentage of students earning credit 
     toward a postsecondary education credential, an industry-
     based credential, or a postsecondary credential; and
       ``(D) the number and percentage of students who are on-
     track to graduate high school, high school graduation rates, 
     and dropout recovery (re-entry) rates.
       ``(6) A description of the articulation agreement that will 
     be entered into with each institution of higher education 
     that will receive funding under this part that requires 
     postsecondary credit earned as a result of the successful 
     completion of a dual or concurrent enrollment course funded 
     under this part to be treated as credit earned at the 
     institution in the same manner as such credit would otherwise 
     be earned at such institution.
       ``(c) Required Uses of Funds.--An eligible entity that 
     receives a grant under this section shall use funds to--
       ``(1) provide college and career pathways through such 
     activities as--
       ``(A) implementing a college- and career-ready curriculum 
     that integrates rigorous academics, career and technical 
     education, and work-based learning for high school, including 
     in STEM-related subject areas, including computer science;
       ``(B) in the case of eligible high schools, providing dual 
     or concurrent enrollment courses, early college high school 
     courses, or accelerated learning courses and other 
     opportunities to earn transferable postsecondary education 
     credit and industry-based credentials; and
       ``(C) designing curricula and sequences of courses so that 
     students may simultaneously earn credits toward a high school 
     diploma and earn an associate degree or at least 12 
     transferable postsecondary education credits toward a 
     postsecondary degree at no cost to students or their 
     families;
       ``(2) implement an early warning indicator system in 
     eligible middle schools and eligible high schools to promote 
     the continuous use of student data that results in actionable 
     steps to inform and differentiate instruction and support and 
     improve school climate, which may include the use of timely 
     data reports that measures attendance, course performance, 
     disciplinary actions, secondary and postsecondary education 
     credit accumulation, and other on-track indicators for all 
     students;
       ``(3) in the case of an eligible middle school, provide all 
     students with the prerequisite coursework necessary to 
     prepare students for participation in rigorous and advanced 
     coursework at the high school level, including in STEM-
     related areas of coursework, including computer science;
       ``(4) provide credit recovery and dropout recovery 
     programs;
       ``(5) provide evidence-based middle school to high school, 
     and high school to postsecondary education, transition 
     programs and supports; and
       ``(6) provide teachers, principals, and other school 
     leaders with ongoing high-quality professional development to 
     support the activities described under this subsection.
       ``(d) Supplement Not Supplant.--An eligible entity shall 
     use Federal funds received under this part only to supplement 
     the funds that would, in the absence of such Federal funds, 
     be made available from other Federal and non-Federal sources 
     for the activities described in this section, and not to 
     supplant such funds.

     ``SEC. 5914. REPORTS.

       ``Each eligible entity receiving a grant under this part 
     shall collect and report annually to the public and the 
     Secretary such information on the results of the activities 
     assisted under the grant as the Secretary may reasonably 
     require, including performance on the indicators described in 
     section 5913(b)(5) disaggregated by each of the categories of 
     students, as defined in section 1111(b)(3)(A).

     ``SEC. 5915. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for each of fiscal years 
     2016 through 2021.''.
                                 ______
                                 
  SA 2191. Mr. BOOKER (for himself and Mr. Bennet) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 306, after line 23, add the following:
       ``(V) conducting, and publicly reporting the results of, an 
     annual assessment of educator support and working conditions 
     that--
       ``(i) evaluates supports for teachers, leaders, and other 
     school personnel, such as--

[[Page 11256]]

       ``(I) teacher and principal perceptions of availability of 
     high-quality professional development and instructional 
     materials;
       ``(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;

       ``(ii) evaluates working conditions for teachers, leaders 
     and other school personnel, such as--

       ``(I) school climate;
       ``(II) school safety;
       ``(III) class size;
       ``(IV) availability and use of common planning time and 
     opportunities to collaborate; and
       ``(V) community engagement;

       ``(iii) is developed with teachers, leaders, other school 
     personnel, parents, students, and the community; and
       ``(iv) includes the development and implementation of a 
     plan with the groups described in clause (iii), that shall be 
     publicly reported and shall include, at a minimum, annual 
     benchmarks to address the results of the assessment described 
     in this subparagraph; and
                                 ______
                                 
  SA 2192. Mrs. BOXER (for herself, Mr. Blumenthal, Mr. Brown, Mr. 
Markey, Mr. Merkley, Mr. Nelson, Mr. Schumer, and Mr. Wyden) submitted 
an amendment intended to be proposed to amendment SA 2089 submitted by 
Mr. Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 1020__. PROHIBITION ON MARKETING OF ELECTRONIC 
                   CIGARETTES TO CHILDREN.

       (a) Electronic Cigarette Defined.--
       (1) In general.--Except as provided in paragraph (2), in 
     this section, the term ``electronic cigarette'' means any 
     electronic device that delivers nicotine, flavor, or other 
     chemicals via a vaporized solution to the user inhaling from 
     the device, including any component, liquid, part, or 
     accessory of such a device, whether or not sold separately.
       (2) Exception.--In this section, the term ``electronic 
     cigarette'' shall not include any product that--
       (A) has been approved by the Food and Drug Administration 
     for sale as a tobacco cessation product or for other 
     therapeutic purposes; and
       (B) is marketed and sold solely for a purpose approved as 
     described in subparagraph (A).
       (b) Prohibition.--
       (1) In general.--No person may advertise, promote, or 
     market in commerce in a State described in paragraph (2) an 
     electronic cigarette in a manner that--
       (A) the person knows or should know is likely to contribute 
     towards initiating or increasing the use of electronic 
     cigarettes by children who are younger than 18 years of age; 
     or
       (B) the Federal Trade Commission determines, regardless of 
     when or where the advertising, promotion, or marketing 
     occurs, affects or appeals to children described in 
     subparagraph (A).
       (2) Covered states.--A State described in this paragraph is 
     a State in which the sale of an electronic cigarette to a 
     child who is younger than 18 years of age is prohibited by a 
     provision of Federal or State law.
       (c) Enforcement by Federal Trade Commission.--
       (1) Unfair or deceptive act or practice.--A violation of 
     subsection (b)(1) shall be treated as a violation of a rule 
     defining an unfair or deceptive act or practice described 
     under section 18(a)(1)(B) of the Federal Trade Commission Act 
     (15 U.S.C. 57a(a)(1)(B)).
       (2) Powers of commission.--
       (A) In general.--The Federal Trade Commission shall enforce 
     this section in the same manner, by the same means, and with 
     the same jurisdiction, powers, and duties as though all 
     applicable terms and provisions of the Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
     and made a part of this section.
       (B) Privileges and immunities.--Any person who violates 
     this section shall be subject to the penalties and entitled 
     to the privileges and immunities provided in the Federal 
     Trade Commission Act (15 U.S.C. 41 et seq.).
       (C) Rulemaking.--The Federal Trade Commission shall 
     promulgate standards and rules to carry out this section in 
     accordance with section 553 of title 5, United States Code.
       (d) Enforcement by States.--
       (1) In general.--In any case in which the attorney general 
     of a State has reason to believe that an interest of the 
     residents of the State has been or is threatened or adversely 
     affected by the engagement of any person subject to 
     subsection (b)(1) in a practice that violates such 
     subsection, the attorney general of the State may, as parens 
     patriae, bring a civil action on behalf of the residents of 
     the State in an appropriate district court of the United 
     States--
       (A) to enjoin further violation of such subsection by such 
     person;
       (B) to compel compliance with such subsection;
       (C) to obtain damages, restitution, or other compensation 
     on behalf of such residents;
       (D) to obtain such other relief as the court considers 
     appropriate; or
       (E) to obtain civil penalties in the amount determined 
     under paragraph (2).
       (2) Civil penalties.--
       (A) Calculation.--For purposes of imposing a civil penalty 
     under paragraph (1)(E) with respect to a person who violates 
     subsection (b)(1), the amount determined under this paragraph 
     is the amount calculated by multiplying the number of days 
     that the person is not in compliance with subsection (b)(1) 
     by an amount not greater than $16,000.
       (B) Adjustment for inflation.--Beginning on the date on 
     which the Bureau of Labor Statistics first publishes the 
     Consumer Price Index after the date that is 1 year after the 
     date of the enactment of this Act, and annually thereafter, 
     the amounts specified in subparagraph (A) shall be increased 
     by the percentage increase in the Consumer Price Index 
     published on that date from the Consumer Price Index 
     published the previous year.
       (3) Rights of federal trade commission.--
       (A) Notice to federal trade commission.--
       (i) In general.--Except as provided in clause (iii), the 
     attorney general of a State shall notify the Federal Trade 
     Commission in writing that the attorney general intends to 
     bring a civil action under paragraph (1) not later than 10 
     days before initiating the civil action.
       (ii) Contents.--The notification required by clause (i) 
     with respect to a civil action shall include a copy of the 
     complaint to be filed to initiate the civil action.
       (iii) Exception.--If it is not feasible for the attorney 
     general of a State to provide the notification required by 
     clause (i) before initiating a civil action under paragraph 
     (1), the attorney general shall notify the Federal Trade 
     Commission immediately upon instituting the civil action.
       (B) Intervention by federal trade commission.--The Federal 
     Trade Commission may--
       (i) intervene in any civil action brought by the attorney 
     general of a State under paragraph (1); and
       (ii) upon intervening--

       (I) be heard on all matters arising in the civil action; 
     and
       (II) file petitions for appeal of a decision in the civil 
     action.

       (4) Investigatory powers.--Nothing in this subsection may 
     be construed to prevent the attorney general of a State from 
     exercising the powers conferred on the attorney general by 
     the laws of the State to conduct investigations, to 
     administer oaths or affirmations, or to compel the attendance 
     of witnesses or the production of documentary or other 
     evidence.
       (5) Preemptive action by federal trade commission.--If the 
     Federal Trade Commission institutes a civil action or an 
     administrative action with respect to a violation of 
     subsection (b)(1), the attorney general of a State may not, 
     during the pendency of such action, bring a civil action 
     under paragraph (1) against any defendant named in the 
     complaint of the Commission for the violation with respect to 
     which the Commission instituted such action.
       (6) Venue; service of process.--
       (A) Venue.--Any action brought under paragraph (1) may be 
     brought in--
       (i) the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code; or
       (ii) another court of competent jurisdiction.
       (B) Service of process.--In an action brought under 
     paragraph (1), process may be served in any district in which 
     the defendant--
       (i) is an inhabitant; or
       (ii) may be found.
       (7) Actions by other state officials.--
       (A) In general.--In addition to civil actions brought by 
     attorneys general under paragraph (1), any other officer of a 
     State who is authorized by the State to do so may bring a 
     civil action under paragraph (1), subject to the same 
     requirements and limitations that apply under this subsection 
     to civil actions brought by attorneys general.
       (B) Savings provision.--Nothing in this subsection may be 
     construed to prohibit an authorized official of a State from 
     initiating or continuing any proceeding in a court of the 
     State for a violation of any civil or criminal law of the 
     State.
       (e) Construction.--Nothing in this section shall be 
     construed to limit or diminish the authority of the Food and 
     Drug Administration to regulate the marketing of electronic 
     cigarettes, including the marketing of electronic cigarettes 
     to children.
       (f) Relation to State Law.--This section shall not be 
     construed as superseding, altering, or affecting any 
     provision of law of a State, except to the extent that such 
     provision of law is inconsistent with the provisions of this 
     section, and then only to the extent of the inconsistency.

[[Page 11257]]


                                 ______
                                 
  SA 2193. Mrs. BOXER (for herself, Mr. Blumenthal, Mr. Brown, Mr. 
Markey, and Mr. Durbin) submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 783, between lines 11 and 12, insert the following:
       (2) in section 9572 (as redesignated by section 4001(5)), 
     by adding at the end the following:
       ``(6) Smoking.--The term `smoking' means the use of any 
     tobacco or tobacco-derived product, including an electronic 
     cigarette.''.
                                 ______
                                 
  SA 2194. Mr. ISAKSON (for himself and Ms. Ayotte) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 110, strike lines 7 through 17 and insert the 
     following:
       ``(1) Information for parents .--
       ``(A) In general.--At the beginning of each school year, a 
     local educational agency that receives funds under this part 
     shall notify the parents of each student attending any school 
     receiving funds under this part that the parents may request, 
     and the agency will provide the parents on request (and in a 
     timely manner), information regarding any State or local 
     educational agency policy, procedure, or parental right 
     regarding student participation in any mandated assessments 
     for that school year, in addition to information regarding 
     the professional qualifications of the student's classroom 
     teachers, including at a minimum, the following:
                                 ______
                                 
  SA 2195. Mr. BLUNT (for himself, Mr. Cardin, Ms. Mikulski, and Ms. 
Collins) submitted an amendment intended to be proposed to amendment SA 
2089 submitted by Mr. Alexander (for himself and Mrs. Murray) to the 
bill S. 1177, to reauthorize the Elementary and Secondary Education Act 
of 1965 to ensure that every child achieves; which was ordered to lie 
on the table; as follows:

       On page 132, line 1, insert ``school-based mental health 
     programs,'' after ``counseling,''.
                                 ______
                                 
  SA 2196. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 1177, to reauthorize the Elementary and Secondary 
Education Act of 1965 to ensure that every child achieves; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 10202. SOS CAMPUS ACT.

       (a) Short Title.--This section may be cited as the 
     ``Survivor Outreach and Support Campus Act'' or the ``SOS 
     Campus Act''.
       (b) Independent Advocate for Campus Sexual Assault 
     Prevention and Response.--Part B of title I of the Higher 
     Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 124. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT 
                   PREVENTION AND RESPONSE.

       ``(a) Advocate.--
       ``(1) In general.--
       ``(A) Designation.--Each institution of higher education 
     that receives Federal financial assistance under title IV 
     shall designate an independent advocate for campus sexual 
     assault prevention and response (referred to in this section 
     as the `Advocate') who shall be appointed based on experience 
     and a demonstrated ability of the individual to effectively 
     provide sexual assault victim services.
       ``(B) Notification of existence of and information for the 
     advocate.--Each employee of an institution described in 
     subparagraph (A) who receives a report of sexual assault 
     shall notify the victim of the existence of, contact 
     information for, and services provided by the Advocate of the 
     institution.
       ``(C) Appointment.--Not later than 180 days after the date 
     of enactment of the Survivor Outreach and Support Campus Act, 
     the Secretary shall prescribe regulations for institutions to 
     follow in appointing Advocates under this section. At a 
     minimum, each Advocate shall--
       ``(i) report to an individual outside the body responsible 
     for investigating and adjudicating sexual assault complaints 
     at the institution; and
       ``(ii) submit to such individual an annual report 
     summarizing how the resources supplied to the advocate were 
     used, including the number of male and female sexual assault 
     victims assisted.
       ``(2) Role of the advocate.--In carrying out the 
     responsibilities described in this section, the Advocate 
     shall represent the interests of the student victim even when 
     in conflict with the interests of the institution. The 
     Advocate may not be disciplined, penalized, or otherwise 
     retaliated against by the institution for representing the 
     interest of the victim, in the event of a conflict of 
     interest with the institution.
       ``(b) Sexual Assault.--In this section, the term `sexual 
     assault' means penetration, no matter how slight, of the 
     vagina or anus with any body part or object, or oral 
     penetration by a sex organ of another person, without the 
     consent of the victim, including when the victim is incapable 
     of giving consent.
       ``(c) Responsibilities of the Advocate.--Each Advocate 
     shall carry out the following, regardless of whether the 
     victim wishes the victim's report to remain confidential:
       ``(1)(A) Ensure that victims of sexual assault at the 
     institution receive, with the victim's consent, the following 
     sexual assault victim's assistance services available 24 
     hours a day:
       ``(i) Information on how to report a campus sexual assault 
     to law enforcement.
       ``(ii) Emergency medical care, including follow up medical 
     care as requested.
       ``(iii) Medical forensic or evidentiary examinations.
       ``(B) Ensure that victims of sexual assault at the 
     institution receive, with the victim's consent, the following 
     sexual assault victim's assistance services:
       ``(i) Crisis intervention counseling and ongoing 
     counseling.
       ``(ii) Information on the victim's rights and referrals to 
     additional support services.
       ``(iii) Information on legal services.
       ``(C) The services described in subparagraphs (A) and (B) 
     may be provided either--
       ``(i) pursuant to a memorandum of understanding (that 
     includes transportation services), at a rape crisis center, 
     legal organization, or other community-based organization 
     located within a reasonable distance from the institution; or
       ``(ii) on the campus of the institution in consultation 
     with a rape crisis center, legal organization, or other 
     community-based organization.
       ``(D) A victim of sexual assault may not be disciplined, 
     penalized, or otherwise retaliated against for reporting such 
     assault to the Advocate.
       ``(2) Guide victims of sexual assault who request 
     assistance through the reporting, counseling, administrative, 
     medical and health, academic accommodations, or legal 
     processes of the institution or local law enforcement.
       ``(3) Attend, at the request of the victim of sexual 
     assault, any administrative or institution-based adjudication 
     proceeding related to such assault as an advocate for the 
     victim.
       ``(4) Maintain the privacy and confidentiality of the 
     victim and any witness of such sexual assault, and shall not 
     notify the institution or any other authority of the identity 
     of the victim or any such witness or the alleged 
     circumstances surrounding the reported sexual assault, unless 
     otherwise required by the applicable laws in the State where 
     such institution is located.
       ``(5) Conduct a public information campaign to inform the 
     students enrolled at the institution of the existence of, 
     contact information for, and services provided by the 
     Advocate, including--
       ``(A) posting information--
       ``(i) on the website of the institution;
       ``(ii) in student orientation materials; and
       ``(iii) on posters displayed in dormitories, cafeterias, 
     sports arenas, locker rooms, entertainment facilities, and 
     classrooms; and
       ``(B) training coaches, faculty, school administrators, 
     resident advisors, and other staff to provide information on 
     the existence of, contact information for, and services 
     provided by the Advocate.
       ``(d) Clery Act and Title IX.--Nothing in this section 
     shall alter or amend the rights, duties, and responsibilities 
     under section 485(f) or title IX of the Education Amendments 
     of 1972 (20 U.S.C. 1681 et seq.) (also known as the Patsy 
     Takemoto Mink Equal Opportunity in Education Act).''.
                                 ______
                                 
  SA 2197. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 2089 submitted by Mr. Alexander (for himself 
and Mrs. Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of part B of title X, add the following:

     SEC. 10202. REPORT ON CYBERSECURITY EDUCATION.

       (a) In General.--Not later than June 1, 2016, the Secretary 
     of Education shall submit to the Committee on Armed Services 
     and the Committee on Health, Education, Labor, and Pensions 
     of the Senate and the Committee on Armed Services and the 
     Committee on Education and the Workforce of the House of 
     Representatives, a report describing whether secondary and 
     postsecondary education curricula are meeting the need of 
     public and private sectors for cyberdefense. Such report 
     shall include--
       (1) an assessment of learning outcomes required for future 
     cybersecurity professionals;

[[Page 11258]]

       (2) an assessment of the shortfalls in current secondary 
     and postsecondary education needed to develop cybersecurity 
     professionals, and recommendations to address such 
     shortfalls;
       (3) an assessment of successful secondary and postsecondary 
     programs that produce competent cybersecurity professionals;
       (4) recommendations of subjects to be covered by elementary 
     schools and secondary schools to better prepare students for 
     postsecondary cybersecurity education; and
       (5) an assessment of which additional resources the 
     Secretary, State educational agencies, and local educational 
     agencies may need to meet the recommendations described in 
     paragraph (4).
       (b) Definitions.--In this section, the terms ``elementary 
     school'', ``local educational agency'', ``secondary school'', 
     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).
                                 ______
                                 
  SA 2198. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 64, strike lines 1 through 14.
       On page 126, strike lines 8 through 11.
       On page 134, strike lines 10 through 15.
       On page 137, strike lines 3 through 7.
       Beginning on page 181, strike line 19 and all that follows 
     through line 6 on page 183.
       On page 292, lines 16 and 17, strike ``, early childhood 
     directors''.
       On page 293, lines 8 and 9, strike ``, children who are in 
     early childhood education programs''.
       On page 346, line 18, strike ``early education'' and insert 
     ``kindergarten''.
       On page 346, lines 21 and 22, strike ``State-designated 
     early childhood education programs and''.
       Beginning on page 349, strike line 21 and all that follows 
     through line 2 on page 350.
       On page 350, lines 5 and 6, strike ``, or a State-
     designated early childhood education program''.
       On page 350, lines 10 and 11, strike ``(which may include 
     State-designated early childhood education programs)''.
       On page 352, line 17, strike ``early childhood education'' 
     and insert ``kindergarten''.
       Beginning on page 353, strike ``The State'' on line 23 and 
     all that follows through line 5 on page 354.
       On page 357, lines 14 and 15, strike ``early education'' 
     and insert ``kindergarten''.
       Beginning on page 358, strike line 7 and all that follows 
     through line 4 on page 361.
       On page 363, line 6, strike ``early childhood education 
     and''.
       On page 364, lines 16 and 17, strike ``early childhood 
     education program staff,''.
       On page 388, line 9, strike ``early childhood educators,''.
       On page 388, line 16, strike ``early childhood 
     educators,''.
       On page 390, lines 22 and 23, strike ``, including those in 
     early childhood settings''.
       On page 400, lines 2 and 3, strike ``, including early 
     childhood education programs''.
       On page 405, line 14, strike ``, including early childhood 
     educators''.
       On page 416, strike lines 14 through 18 and insert the 
     following:
       ``(6) as appropriate, to coordinate the transition of 
     English learners from early childhood education programs, 
     such as Head Start or State-run preschool programs, to 
     elementary programs;
       On page 423, lines 19 and 20, strike ``, including children 
     in early childhood education programs''.
       On page 443, lines 8 and 9, strike ``early childhood, 
     elementary school,'' and insert ``elementary school''.
       On page 448, line 18, strike ``early childhood,''.
       On page 495, line 11, strike ``early childhood, elementary 
     school,'' and insert ``elementary school''.
       On page 517, strike lines 16 through 19.
       On page 519, strike lines 1 through 5.
       On page 578, lines 6 and 7, strike ``preschool and''.
       On page 579, line 9, strike ``Head Start providers,''.
       On page 579, lines 10 and 11, strike ``, early childhood 
     development personnel''.
       On page 579, line 14, strike ``preschool and''.
       On page 580, line 7, strike ``preschool and''.
       Beginning on page 609, strike line 22 and all that follows 
     through line 4 on page 610.
       Beginning on page 611, strike line 12 and all that follows 
     through line 4 on page 630.
       On page 668, strike lines 10 through 11.
       On page 676, strike lines 1 through 8.
       Beginning on page 706, strike line 3 and all that follows 
     through line 5 on page 707.
       On page 760, strike lines 1 through 4.
                                 ______
                                 
  SA 2199. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 306, after line 23, insert the following:
       ``(V) providing educator training to increase students' 
     entrepreneurship skills; and
                                 ______
                                 
  SA 2200. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of part B of title X, add the following:

     SEC. ____. ESTABLISHING A SPECIAL COMMITTEE ON CHILDREN.

       (a) Special Committee Established.--
       (1) In general.--There is established a special committee 
     of the Senate to be known as the Special Committee on 
     Children (hereinafter in this section referred to as the 
     ``special committee'').
       (2) Members.--The special committee shall consist of 19 
     members, including a chairman. The members and the chairman 
     of the special committee shall be appointed in the same 
     manner and at the same time as the members and chairman of a 
     standing committee of the Senate.
       (b) Treated as a Standing Committee of the Senate.--For 
     purposes of paragraph 4 of rule XXV of the Standing Rules of 
     the Senate, and for purposes of section 202 of the 
     Legislative Reorganization Act of 1946 (2 U.S.C. 4301), the 
     special committee shall be treated as a standing committee of 
     the Senate.
       (c) Duty.--
       (1) In general.--It shall be the duty of the special 
     committee to conduct a continuing study of any and all 
     matters pertaining to children and their welfare, including--
       (A) programs and services relating to the health, welfare, 
     safety, housing, nutrition, education, economic stability, 
     civil rights needs of children, and Federal programs and 
     services that have a purpose of benefitting children or have 
     the effect of benefitting children; and
       (B) the effectiveness of such programs and services.
       (2) Limitation.--No proposed legislation shall be referred 
     to the special committee, and the special committee shall not 
     have power to report by bill or otherwise have legislative 
     jurisdiction.
       (d) Report.--The special committee shall, from time to time 
     (but not less than once a year), report to the Senate the 
     results of the study conducted pursuant to subsection (c)(1), 
     together with such recommendations as the special committee 
     considers appropriate.
       (e) Authorized Activities.--The special committee, or any 
     duly authorized subcommittee thereof, is authorized, in its 
     discretion to--
       (1) make investigations into any matter within its 
     jurisdiction;
       (2) make expenditures from the contingent fund of the 
     Senate;
       (3) employ personnel;
       (4) hold hearings;
       (5) sit and act at such places and times during the 
     sessions, recesses, and adjourned periods of the Senate;
       (6) require, by subpoena or otherwise, the attendance of 
     such witnesses and the production of such books, papers, and 
     documents, administer such oaths, take such testimony, 
     procure such printing and binding, and make such other 
     expenditures as it deems advisable;
       (7) take depositions and other testimony;
       (8) procure the service of individual consultants or 
     organizations thereof (as authorized by section 202(i) of the 
     Legislative Reorganization Act of 1946 (2 U.S.C. 4301(i)); 
     and
       (9) with the prior consent of the Government department or 
     agency concerned and the Committee on Rules and 
     Administration, use on a reimbursable basis the services of 
     personnel of any such department or agency.
       (f) Power to Administer Oaths.--The chairman of the special 
     committee or any member thereof may administer oaths to 
     witnesses.
       (g) Subpoenas.--Subpoenas authorized by the special 
     committee may be issued over the signature of the chairman, 
     or any member of the special committee designated by the 
     chairman, and may be served by any person designated by the 
     chairman or the member signing the subpoena.
       (h) Quorum.--A majority of the members of the special 
     committee, or any subcommittee thereof, shall constitute a 
     quorum for the transaction of business, except that a lesser 
     number, to be fixed by the committee, shall constitute a 
     quorum for the purpose of taking sworn testimony.
       (i) Enactment.--This section is enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate, 
     and as such it is deemed a part of the rules of the Senate, 
     and it supersedes other rules only to the extent that it is 
     inconsistent with such rules; and

[[Page 11259]]

       (2) with full recognition of the constitutional right of 
     the Senate to change the rules relating to the procedure of 
     the Senate at any time, in the same manner, and to the same 
     extent as in the case of any other rule of the Senate.
                                 ______
                                 
  SA 2201. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       Beginning on page 37, strike line 24 and all that follows 
     through page 38, line 4, and insert the following:
       ``(iii) be used for purposes for which such assessments are 
     valid and reliable, consistent with relevant, nationally 
     recognized professional and technical testing standards, 
     objectively measure academic achievement, knowledge, and 
     skills, and be tests that do not evaluate or assess personal 
     or family beliefs and attitudes, or publicly disclose 
     personally identifiable information;
                                 ______
                                 
  SA 2202. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of part B of title X, add the following:

     SEC. 10204. DEPARTMENT OF EDUCATION SALARY CAP.

       Notwithstanding any other provision of law, the average 
     salary of an employee of the Department of Education shall 
     not be higher than the national average salary for a teacher, 
     as determined by data from the National Center for Education 
     Statistics.
                                 ______
                                 
  SA 2203. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of part B of title X, add the following:

     SEC. 102__. FINDINGS AND SENSE OF THE SENATE.

       (a) Findings.--Congress finds the following:
       (1) The Departments of Labor, Health and Human Services, 
     and Education, and Related Agencies Appropriations Act, 2016 
     (S. 1695, 114th Congress) (referred to in this section as the 
     ``proposed appropriations Act''), as reported out of the 
     Committee on Appropriations of the Senate on June 25, 2015, 
     reduces investments in critical middle-class priorities by 
     $3,575,000,000, compared to the appropriation levels enacted 
     for fiscal year 2015.
       (2) The proposed appropriations Act reduces investments in 
     critical middle-class priorities by $13,231,000,000, compared 
     to the Democratic funding alternative that is consistent with 
     pre-sequester funding levels provided in the Budget Control 
     Act of 2011 (Public Law 112-25; 125 Stat. 240).
       (3) These funding cuts would bring Federal investments in 
     programs under the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.) to their lowest levels since 
     fiscal year 2002.
       (4) Of the lowest-achieving 5 percent of schools that 
     receive funds under part A of title I of such Act (20 U.S.C. 
     6311 et seq.), about two-thirds of students do not meet grade 
     level standards.
       (5) The proposed appropriations Act cuts funding for part A 
     of title I of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6311 et seq.) by $850,000,000, compared to 
     the President's fiscal year 2016 budget request and the 
     Democratic funding alternative offered in the Committee on 
     Appropriations of the Senate.
       (6) Research consistently shows that high-quality early 
     education is critical to the educational development of every 
     child.
       (7) The proposed appropriations Act provides no funding for 
     preschool development grants, a cut of $750,000,000 compared 
     to the President's fiscal year 2016 budget request and the 
     Democratic funding alternative offered in Committee.
       (8) The education funding cuts in the proposed 
     appropriations Act are largely the result of the artificial 
     and arbitrary spending caps triggered by the lack of a 
     bipartisan budget agreement as envisioned by the Budget 
     Control Act of 2011 (Public Law 112-25; 125 Stat. 240).
       (9) Congress has previously provided relief from these cuts 
     in the form of the Bipartisan Budget Act of 2013 (Public Law 
     113-67; 127 Stat. 1165), which provided relief from 
     sequestration equally for defense and nondefense investments 
     for fiscal years 2014 and 2015.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the fiscal and economic challenges of the United States 
     are a top priority for Congress, and the deep, automatic 
     budget cuts of sequestration remains an unreasonable and 
     inadequate budgeting tool either to address the deficits and 
     debt of the Nation or provide the resources needed to educate 
     our children and grow the economy;
       (2) this Act was supported unanimously in Committee;
       (3) fulfilling the promise of this Act will require 
     Congress to provide funding at levels above sequestration;
       (4) Congress should immediately begin negotiations on a 
     successor to the Bipartisan Budget Act of 2013 (Public Law 
     113-67; 127 Stat. 1165) that provides equal relief from 
     sequestration for defense and nondefense investments, 
     including education, for fiscal year 2016 and beyond; and
       (5) for fiscal year 2016, Congress should provide 
     $18,554,875,000 for key programs under the Elementary and 
     Secondary Education Act of 1965 and other education programs, 
     as amended by this Act and consistent with the pre-sequester 
     funding levels called for by the bipartisan Budget Control 
     Act of 2011 (Public Law 112-25; 125 Stat. 240), including--
       (A) programs under part A of title I of the Elementary and 
     Secondary Education Act of 1965;
       (B) the striving readers comprehensive literacy program 
     under part E of title I of such Act, as such Act was in 
     effect on the day before the date of enactment of this Act, 
     or its successor;
       (C) the 21st century community learning centers program 
     under part B of title IV of the Elementary and Secondary 
     Education Act of 1965;
       (D) English language acquisition grants under title III of 
     such Act;
       (E) preschool development grants under title XIV of 
     division A of the American Recovery and Reinvestment Act of 
     2009 (Public Law 112-10); and
       (F) investing in innovation grants under such title.
                                 ______
                                 
  SA 2204. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 1177, to reauthorize the Elementary and Secondary 
Education Act of 1965 to ensure that every child achieves; which was 
ordered to lie on the table; as follows:

       On page 63, line 3, insert ``, including plans for engaging 
     and supporting principals and other school leaders 
     responsible for improving early childhood alignment with 
     their elementary school, supporting teachers in understanding 
     the transition between early learning to kindergarten, and 
     increasing parent and community engagement'' after 
     ``programs''.
       On page 80, between lines 2 and 3, insert the following:
       ``(xviii) If the State uses funds under this part for 
     preschool services, information that shows how children 
     younger than the mandatory age of school entry are served 
     directly by a local educational agency, or through contract 
     or other collaboration with early childhood programs, 
     including early childhood home visitation programs, as 
     described under section 511 of the Social Security Act (42 
     U.S.C. 711), including--

       ``(I) the number of children served, disaggregated by 
     income, race, and disability status;
       ``(II) a description of the services received; and
       ``(III) the amount the State spent using grant funds under 
     this part on services for such children.

       On page 80, line 3, strike ``(xviii)'' and insert 
     ``(xix)''.
       On page 265, between lines 17 and 18, insert the following:
       ``(xiv) Supporting principals, other school leaders, 
     teachers, teacher leaders, paraprofessionals, early childhood 
     center directors, and other early childhood providers to 
     participate in efforts to align State early learning 
     guidelines with State academic and other standards, 
     curriculum, and assessment practices from prekindergarten to 
     the third grade and promote quality early learning 
     experiences from birth through age 8.
       On 265, line 18, strike ``(xiv)'' and insert ``(xv)''.
       Beginning on page 283, strike line 22 and all that follows 
     through page 284, line 3, and insert the following: 
     ``leadership competencies of principals on instruction in the 
     early grades, developmentally appropriate strategies to 
     measure whether young children are progressing, and 
     principals' ability to support teachers, teacher leaders, 
     early childhood educators, and other professionals in the 
     school learning community to meet the needs of students 
     through age 8, which may include providing joint professional 
     learning and planning activities for school staff and 
     educators in preschool programs that address the transition 
     to elementary school, and promoting effective prekindergarten 
     through grade 3 alignment;''.
                                 ______
                                 
  SA 2205. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 1177, to reauthorize the Elementary and Secondary 
Education Act of 1965 to ensure that every child achieves; which was 
ordered to lie on the table; as follows:

[[Page 11260]]


       On page 274, between lines 21 and 22, insert the following:
       ``(xi) increasing and improving opportunities for teachers 
     to take on meaningful leadership roles and responsibilities 
     for additional compensation without having to leave their 
     role as teacher; and
       On page 277, between lines 6 and 7, insert the following:
       ``(F) a description of how the local educational agency 
     will increase and improve opportunities for meaningful 
     teacher leadership in order to positively impact student 
     achievement, build the capacity of teachers, and effectively 
     negotiate or collaborate with principals, teachers and 
     representatives of teachers, and local educational agency 
     leaders.
       On page 285, after line 25, insert the following:
       ``(O) providing additional compensation for teachers or 
     making other systemic changes to create or enhance 
     opportunities for meaningful teacher leadership, such as 
     initiatives that include--
       ``(i) increased time for common planning, within and across 
     content areas and grade levels;
       ``(ii) designated time for effective teachers to--

       ``(I) receive training on mentoring; and
       ``(II) plan and execute mentoring activities;

       ``(iii) career ladders and lattices, providing for 
     additional pay for professional growth, which may include 
     hybrid roles in which teachers lead from the classroom;
       ``(iv) teacher-designed and teacher-implemented 
     professional development activities;
       ``(v) opportunities for experiential and professional 
     learning, which may include observation;
       ``(vi) feedback mechanisms for continuous improvement of 
     school environment and activities, including school working 
     conditions and the social-emotional well-being of teachers;
       ``(vii) the development of policy collaboratively by 
     teachers, and the representatives of teachers, and the 
     leaders of the school, local educational agency, community, 
     or State; and
       ``(viii) other innovative approaches to leverage teacher 
     leadership; and
       On page 296, between lines 4 and 5, insert the following:
       ``(F) training and supporting principals to identify, 
     develop, and maintain school leadership teams, which shall 
     include teacher leaders and others as designated by the 
     principal, using various leadership models, except that such 
     models shall not include forced or involuntary transfers; and
                                 ______
                                 
  SA 2206. Mr. THUNE (for himself and Mrs. Fischer) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       At the end of part B of title X, add the following:

     SEC. ___. CERTAIN EDUCATIONAL INSTITUTIONS EXEMPT FROM 
                   EMPLOYER HEALTH INSURANCE MANDATE.

       (a) Exemption.--
       (1) In general.--Section 4980H(c)(2) of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new subparagraph:
       ``(F) Exception for certain educational institutions.--The 
     term `applicable large employer' shall not include--
       ``(i) any elementary school or secondary school (as such 
     terms are defined in section 9101 of the Elementary and 
     Secondary Education Act of 1965),
       ``(ii) any local educational agency or State educational 
     agency (as such terms are defined in section 9101 of such 
     Act), and
       ``(iii) any institution of higher education (as such term 
     is defined in section 102 of the Higher Education Act of 
     1965).''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to months beginning after December 31, 2014.
       (b) Study of Impact on Education.--The Secretary of 
     Education shall--
       (1) study the impact of the employer health insurance 
     mandate under section 4980H of the Internal Revenue Code of 
     1986 as in effect on the day before the date of enactment of 
     this Act and the impact of such mandate as in effect on the 
     day after the date of enactment of this Act on--
       (A) in coordination with the national assessment of title I 
     under section 1501 of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6491), the ability of State 
     educational agencies, local educational agencies, elementary 
     schools, and secondary schools to meet the purposes of title 
     I of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.); and
       (B) in coordination with the annual data collection 
     conducted through the Integrated Postsecondary Education Data 
     System described in section 132(i)(4) of the Higher Education 
     Act of 1965 (20 U.S.C. 1015a(i)(4)), the ability of 
     institutions of higher education to maintain academic 
     programs; and
       (2) not later than one year after the date of the enactment 
     of this Act, submit separate written reports to Congress with 
     respect to the studies conducted under subparagraphs (A) and 
     (B) of paragraph (1).
                                 ______
                                 
  SA 2207. Ms. MIKULSKI submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

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

     SEC. 5011. PERFORMANCE PARTNERSHIPS PILOT PROGRAM FOR 
                   DISCONNECTED YOUTH.

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

 PART J--PERFORMANCE PARTNERSHIPS PILOT PROGRAM FOR DISCONNECTED YOUTH

     SEC. 5911. PURPOSE; FINDINGS.

       (a) Purpose.--The purpose of this part is to authorize a 
     performance partnerships pilot program for disconnected youth 
     to promote coordination between Federal agencies in order to 
     improve outcomes for disconnected youth in communities.
       (b) Findings.--Congress finds the following:
       (1) Recent events in communities across the United States 
     have illustrated, in part, the importance of improving 
     opportunities, outcomes, and services for disconnected 
     populations.
       (2) One in 6 youth, nationwide, are not connected to the 
     labor force.
       (3) There are 2,500,000 children being raised by parents 
     who were disconnected youth themselves.
       (4) The United States has a responsibility to improve 
     outcomes for disconnected youth by investing in innovative 
     strategies to address the needs of disconnected populations.
       (5) The Committee on Appropriations of the Senate has 
     recognized the value in investing in such partnerships and 
     has supported Performance Partnership Pilots for Disconnected 
     Youth in recent appropriations bills for the Departments of 
     Health, Human Services, and Education, and related agencies.

     SEC. 5912. PERFORMANCE PARTNERSHIPS PILOT PROGRAM.

       (a) Definitions.--In this section:
       (1) Disconnected youth.--The term ``disconnected youth'' 
     means an individual who--
       (A) is between the ages 14 to 24, inclusive; and
       (B)(i) is homeless, in foster care, or involved with the 
     criminal justice system; or
       (ii) is not working and not enrolled in an elementary 
     school, secondary school, institution of higher education, or 
     other educational institution.
       (2) Participating federal agency.--The term ``participating 
     Federal agency'' means the Department of Education, the 
     Department of Health and Human Services, the Department of 
     Labor, and the Corporation for National and Community 
     Service, as appropriate based on the specific Performance 
     Partnership Pilot involved.
       (3) Performance partnership pilot.--The term ``Performance 
     Partnership Pilot'' is a project that seeks to identify, 
     through a demonstration, cost-effective strategies for 
     providing services at the State, regional, or local level 
     that--
       (A) involve 2 or more Federal programs (administered by one 
     or more Federal agencies)--
       (i) which have related policy goals, and
       (ii) at least one of which is administered (in whole or in 
     part) by a State, local, or tribal government; and
       (B) achieve better results for regions, communities, or 
     specific at-risk populations through making better use of the 
     budgetary resources that are available for supporting such 
     programs.
       (4) Lead federal administering agency.--The term ``lead 
     Federal administering agency'' is the Federal agency, to be 
     designated by the Director of the Office of Management and 
     Budget (from among the participating Federal agencies that 
     have statutory responsibility for the Federal discretionary 
     funds that will be used in a Performance Partnership Pilot), 
     that will enter into and administer the particular 
     performance partnership agreement on behalf of that agency 
     and the other participating Federal agencies.
       (b) Flexibility of Funds.--Participating Federal agencies 
     may carry out not more than 10 Performance Partnership Pilots 
     under this section. Each Performance Partnership Pilot 
     shall--
       (1) provide flexibility to the entities participating in 
     the Performance Partnership Pilot with respect to 
     discretionary funds under the authority of the participating 
     Federal agencies, as specified in the performance partnership 
     agreement;
       (2) be designed to improve outcomes for disconnected youth, 
     by increasing the rate at which disconnected youth achieve 
     success in meeting educational, employment, or other key 
     goals; and
       (3) involve Federal programs targeted to disconnected 
     youth, or designed to prevent

[[Page 11261]]

     youth from disconnecting from school or work, that provide 
     education, training, employment, and other related social 
     services.
       (c) Performance Partnership Agreements.--Federal agencies 
     may use Federal funds, as authorized in subsection (b), to 
     participate in a Performance Partnership Pilot only in 
     accordance with the terms of a performance partnership 
     agreement that--
       (1) is entered into between--
       (A) the head of the lead Federal administering agency, on 
     behalf of all of the participating Federal agencies (subject 
     to the head of the lead Federal administering agency having 
     received from the heads of each of the other participating 
     agencies their written concurrence for entering into the 
     agreement), and
       (B) the respective representatives of all of the State, 
     local, or tribal governments that are participating in the 
     agreement; and
       (2) specifies, at a minimum, the following information:
       (A) The length of the agreement (which shall not extend for 
     more than 3 years after the date upon which the parties enter 
     into the agreement).
       (B) The Federal programs and federally funded services that 
     are involved in the Performance Partnership Pilot.
       (C) The Federal funds that are being used in the 
     Performance Partnership Pilot (by the respective Federal 
     account identifier, and the total amount from such account 
     that is being used in the Performance Partnership Pilot) in 
     accordance with subsection (b)(1), and any period of 
     availability for obligation (by the Federal Government) of 
     any such funds.
       (D) The non-Federal funds that are involved in the 
     Performance Partnership Pilot, by source (which may include 
     private funds as well as governmental funds) and by amount.
       (E) The State, local, or tribal programs that are involved 
     in the Performance Partnership Pilot.
       (F) The populations to be served by the Performance 
     Partnership Pilot.
       (G) The cost-effective Federal oversight procedures that 
     will be used for the purpose of maintaining the necessary 
     level of accountability for the use of the Federal 
     discretionary funds.
       (H) The cost-effective State, local, or tribal oversight 
     procedures that will be used for the purpose of maintaining 
     the necessary level of accountability for the use of the 
     Federal discretionary funds.
       (I) The outcome (or outcomes) that the Performance 
     Partnership Pilot is designed to achieve.
       (J) The appropriate, reliable, and objective outcome-
     measurement methodology that the Federal Government and the 
     participating State, local, or tribal governments will use, 
     in carrying out the Pilot, to determine whether the 
     Performance Partnership Pilot is achieving, and has achieved, 
     the specified outcomes that the Performance Partnership Pilot 
     is designed to achieve.
       (K) The statutory, regulatory, or administrative 
     requirements related to Federal mandatory programs that are 
     barriers to achieving improved outcomes of the Pilot.
       (L) In cases where, during the course of the Performance 
     Partnership Pilot, it is determined that the Performance 
     Partnership Pilot is not achieving the specified outcomes 
     that it is designed to achieve--
       (i) the consequences that will result from such 
     deficiencies with respect to the Federal discretionary funds 
     that are being used in the Performance Partnership Pilot; and
       (ii) the corrective actions that will be taken in order to 
     increase the likelihood that the Performance Partnership 
     Pilot, upon completion, will have achieved such specified 
     outcomes.
       (d) Agency Head Determinations.--
       (1) In general.--A participating Federal agency may 
     participate in a Performance Partnership Pilot (including by 
     providing funds described in subsection (b)(1) that have been 
     appropriated to such agency) only upon the written 
     determination by the head of such agency that the agency's 
     participation in such Performance Partnership Pilot--
       (A) will not result in denying or restricting the 
     eligibility of any individual for any of the services that 
     (in whole or in part) are funded by the agency's programs and 
     Federal discretionary funds that are involved in the 
     Performance Partnership Pilot, and
       (B) based on the best available information, will not 
     otherwise adversely affect vulnerable populations that are 
     the recipients of such services.
       (2) Consideration.--In making the determination under 
     paragraph (1), the head of a participating Federal agency may 
     take into consideration the other Federal funds described in 
     subsection (b)(1) that will be used in the Pilot as well as 
     any non-Federal funds (including from private sources as well 
     as governmental sources) that will be used in the Performance 
     Partnership Pilot.
       (e) Transfer Authority.--
       (1) In general.--For the purpose of carrying out the 
     Performance Partnership Pilot in accordance with the 
     performance partnership agreement, and subject to the written 
     approval of the Director of the Office of Management and 
     Budget, the head of each participating Federal agency may 
     transfer the Federal funds described in subsection (b)(1) 
     that are being used in the Pilot to an account of the lead 
     Federal administering agency that includes other Federal 
     discretionary funds that are being used in the Pilot. Subject 
     to the waiver authority under subsection (f), such 
     transferred funds shall remain available for the same 
     purposes for which such funds were originally appropriated, 
     except as provided in paragraph (2).
       (2) Exception.--Funds transferred under paragraph (1) shall 
     remain available for obligation by the Federal Government 
     until the expiration of the period of availability for those 
     Federal discretionary funds (which are being used in the 
     Pilot) that have the longest period of availability, except 
     that any such transferred funds shall not remain available 
     beyond (which shall not extend for more than 3 years after 
     the date upon which the parties enter into the performance 
     partnership agreement).
       (f) Waiver Authority.--In connection with the participation 
     by a Federal participating agency in a Performance 
     Partnership Pilot, and subject to the other provisions of 
     this section (including subsection (e)), the head of the 
     Federal participating agency to which Federal funds described 
     in subsection (b)(1) were appropriated may waive (in whole or 
     in part) the application, solely to such discretionary funds 
     that are being used in the Pilot, of any statutory, 
     regulatory, or administrative requirement that such agency 
     head--
       (1) is otherwise authorized to waive (in accordance with 
     the terms and conditions of such other authority), and
       (2) is not otherwise authorized to waive, except that--
       (A) the head of the agency shall not waive any requirement 
     related to nondiscrimination, wage and labor standards, or 
     allocation of funds to State and substate levels;
       (B) the head of the agency shall issue, for any requirement 
     described in this paragraph) a written determination, prior 
     to granting the waiver, with respect to such discretionary 
     funds that the granting of such waiver for purposes of the 
     Performance Partnership Pilot--
       (i) is consistent with both--

       (I) the statutory purposes of the Federal program for which 
     such discretionary funds were appropriated, and
       (II) the other provisions of this section, including the 
     written determination by the head of the agency issued under 
     subsection (d);

       (ii) is necessary to achieve the outcomes of the 
     Performance Partnership Pilot as specified in the performance 
     partnership agreement, and is no broader in scope than is 
     necessary to achieve such outcomes; and
       (iii) will result in either--

       (I) realizing efficiencies by simplifying reporting burdens 
     or reducing administrative barriers with respect to such 
     discretionary funds, or
       (II) increasing the ability of individuals to obtain access 
     to services that are provided by such discretionary funds; 
     and

       (C) the head of the agency shall provide at least 60 days 
     advance written notice to the Committee on Appropriations of 
     the House of Representatives, the Committee on Appropriations 
     of the Senate, and all other committees of jurisdiction in 
     the House of Representatives and the Senate.
       (g) Applicability to Existing Performance Partnership 
     Pilots.--Nothing in this part shall be construed to apply to 
     any Performance Partnership Pilot carried out under the 
     authority of section 524 of the Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 2015 (Public Law 113-325; 128 Stat. 2522) 
     or section 526 of the Department of Labor, Health and Human 
     Services, and Related Agencies Appropriations Act, 2014 
     (Public Law 113-76; 128 Stat. 413).
                                 ______
                                 
  SA 2208. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 72, between lines 19 and 20, insert the following:
       ``(L) assessments adopted pursuant to subsection (b) 
     require students to spend on average less than 2 percent of 
     the average instructional time taking such assessments 
     (except in the case of assessments that are determined to be 
     performance-based, competency-based, or to justify the 
     additional time), where such calculation of time spent on 
     such assessments shall not include any additional time spent 
     taking assessments provided as an appropriate accommodation 
     to children with disabilities or students with a disability 
     who are provided accommodations under another Act;
                                 ______
                                 
  SA 2209. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:


[[Page 11262]]

       On page 20, line 18, insert ``, periodically review those 
     strategies and the resulting data, use that information to 
     continuously improve the strategies,'' after ``title''.
       On page 69, between lines 12 and 13, insert the following:
       ``(M) how the State will periodically review and evaluate 
     programs and activities under this part to assess progress 
     toward improved student academic achievement, and how the 
     State will use the results from such review or evaluation to 
     refine and continuously improve such programs and activities;
       On page 106, between lines 23 and 24, insert the following:
       ``(17) how the local educational agency will periodically 
     review and evaluate programs and activities under this part 
     to assess progress toward improved student academic 
     achievement, and how the local educational agency will use 
     the results from such review or evaluation to refine and 
     continuously improve such programs and activities;
                                 ______
                                 
  SA 2210. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 52, between lines 9 and 10, insert the following:
       ``(L) Limitation on assessment time.--
       ``(i) In general.--As a condition of receiving an 
     allocation under this part for any fiscal year, each State 
     shall--

       ``(I) set a limit on the aggregate amount of time devoted 
     to the administration of assessments (including assessments 
     adopted pursuant to this subsection, other assessments 
     required by the State, and assessments required districtwide 
     by the local educational agency) for each grade, expressed as 
     a percentage of annual instructional hours; and
       ``(II) ensure that each local educational agency in the 
     State will notify the parents of each student attending any 
     school in the local educational agency, on an annual basis, 
     whenever the limitation described in subclause (I) is 
     exceeded.

       ``(ii) Children with disabilities and english learners.--
     Nothing in clause (i) shall be construed to supersede the 
     requirements of Federal law relating to assessments that 
     apply specifically to children with disabilities or English 
     learners.
                                 ______
                                 
  SA 2211. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 111, between lines 24 and 25, insert the following:
       ``(2) Testing transparency.--
       ``(A) In general.--Subject to subparagraph (B), each local 
     educational agency that receives funds under this part shall 
     make widely available through public means (including by 
     posting in a clear, concise, and easily accessible manner on 
     the local educational agency's website and, to the extent 
     practicable, on the website of each school served by the 
     local educational agency) for each grade served by the local 
     educational agency or school, information on each assessment 
     required by the State to comply with section 1111, other 
     assessments required by the State, and to the extent such 
     information is available and feasible to report, assessments 
     required districtwide by the local educational agency, 
     including--
       ``(i) the subject matter assessed;
       ``(ii) the purpose for which the assessment is designed and 
     used;
       ``(iii) the source of the requirement for the assessment; 
     and
       ``(iv) to the extent such information is available--

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

       ``(B) LEA that does not operate a website.--In the case of 
     a local educational agency that does not operate a website, 
     such local educational agency shall determine how to make the 
     information described in subparagraph (A) widely available, 
     such as through distribution of that information to the 
     media, through public agencies, or directly to parents.
                                 ______
                                 
  SA 2212. Mr. BOOKER (for himself and Mr. Bennet) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 306, after line 23, add the following:
       ``(V) conducting, and publicly reporting the results of, an 
     annual assessment of educator support and working conditions 
     that--
       ``(i) evaluates supports for teachers, leaders, and other 
     school personnel, such as--

       ``(I) teacher and principal perceptions of availability of 
     high-quality professional development and instructional 
     materials;
       ``(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;

       ``(ii) evaluates working conditions for teachers, leaders 
     and other school personnel, such as--

       ``(I) school climate;
       ``(II) school safety;
       ``(III) class size;
       ``(IV) availability and use of common planning time and 
     opportunities to collaborate; and
       ``(V) community engagement;

       ``(iii) is developed with teachers, leaders, other school 
     personnel, parents, students, and the community; and
       ``(iv) includes the development and implementation, with 
     the groups described in clause (iii), of a plan to address 
     the results of the assessment described in this subparagraph, 
     which shall be publicly reported; and
                                 ______
                                 
  SA 2213. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. LIMITATION ON GRANTS TO SANCTUARY CITIES.

       Section 642 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1373) is amended by 
     adding at the end the following:
       ``(d) Limitation on Grants to Sanctuary Cities.--
       ``(1) Sanctuary city defined.--In this section, the term 
     `sanctuary city' means a State or a political subdivision of 
     a State that has in effect a statute, resolution, directive, 
     policy, or practice that--
       ``(A) prohibits, or in any way restricts, an officer or 
     employee--
       ``(i) from sending to, or receiving from, the Department of 
     Homeland Security information regarding the citizenship or 
     immigration status of an individual; or
       ``(ii) from assisting or cooperating with Federal 
     immigration law enforcement in the course of carrying out the 
     officers' routine law enforcement duties, including with 
     respect to the issuance of federal detainers; or
       ``(B) is otherwise not in compliance with the requirements 
     of subsection (a) or (b).
       ``(2) Limitation on grants.--A sanctuary city is not 
     eligible to receive a grant under the Edward Byrne Memorial 
     Justice Assistance Grant Program established pursuant to 
     subpart 1 of part E of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).''.
                                 ______
                                 
  SA 2214. Mr. McCONNELL (for Mrs. Fischer (for herself and Mr. 
Nelson)) proposed an amendment to the bill S. 1359, to allow 
manufacturers to meet warranty and labeling requirements for consumer 
products by displaying the terms of warranties on Internet websites, 
and for other purposes; as follows:

       On page 3, line 21, strike ``on'' and insert ``for''.
       On page 4, line 1, insert ``, through electronic or other 
     means,'' after ``available''.
       On page 4, line 3, strike ``on'' and insert ``for''.

                          ____________________