[Congressional Record (Bound Edition), Volume 161 (2015), Part 8]
[Senate]
[Pages 11371-11378]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2215. Mr. REID (for Mr. Nelson) 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 373, strike line 22 and all that follows 
     through page 374, line 3, and insert the following:
     in the State;
       ``(C) information on student exposure to and retention in 
     science, technology, engineering, and mathematics fields, 
     including among low-income and underrepresented groups, which 
     may include results from a pre-existing analysis; and
       ``(D) an analysis of the quality of pre-service preparation 
     at all public institutions of higher education (including 
     alternative pathways to teacher licensure or certification) 
     for individuals preparing to teach science, technology, 
     engineering, and mathematics subjects in the State.
       On page 381, between lines 18 and 19, insert the following:
       ``(vi) partner with current or recently retired science, 
     technology, engineering, and mathematics professionals, such 
     as Federal employees, to engage students and teachers in 
     instruction in such subjects;
       ``(vii) tailor and integrate educational resources 
     developed by Federal agencies to improve student achievement 
     in science, technology, engineering, and mathematics;

[[Page 11372]]


                                 ______
                                 
  SA 2216. 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:

       On page 385, between lines 4 and 5, insert the following:

     ``SEC. 2508. REPORT ON CYBERSECURITY EDUCATION.

       ``Not later than June 1, 2016, the Secretary, acting 
     through the Director of the Institute of Education Sciences, 
     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 programs are meeting the need of 
     public and private sectors for cyberdefense. Such report 
     shall include--
       ``(1) an assessment of the shortfalls in current secondary 
     and postsecondary education needed to develop cybersecurity 
     professionals, and recommendations to address such 
     shortfalls;
       ``(2) an assessment of successful secondary and 
     postsecondary programs that produce competent cybersecurity 
     professionals; and
       ``(3) recommendations of subjects to be covered by 
     elementary schools and secondary schools to better prepare 
     students for postsecondary cybersecurity education.''.
                                 ______
                                 
  SA 2217. Mr. ALEXANDER (for Mr. Paul) 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:

       Strike line 18 on page 36 and all that follows through line 
     5 on page 44 and insert the following:
       ``(2) State-designed academic assessment system.--
       ``(A) In general.--Each State plan shall provide an 
     assurance that the State educational agency, in consultation 
     with local educational agencies, has implemented a State-
     designed academic assessment system that--
       ``(i) includes, at a minimum, academic assessments in 
     mathematics, reading or language arts, and science; and
       ``(ii) meets the requirements of subparagraph (B).
       ``(B) Requirements.--The assessment system under 
     subparagraph (A) shall--
       ``(i) be aligned with the challenging State academic 
     standards, and provide coherent and timely information about 
     student attainment of such standards;
       ``(ii) be used for purposes for which such assessments are 
     valid and reliable, be of adequate technical quality for each 
     purpose required under this Act, be consistent with relevant, 
     nationally recognized professional and technical standards, 
     and not evaluate or assess personal or family beliefs or 
     attitudes;
       ``(iii) involve multiple measures of student academic 
     achievement, which may include measures of student academic 
     growth;
       ``(iv) provide for--

       ``(I) the participation in such assessments of all 
     students;
       ``(II) the reasonable adaptations and accommodations for 
     children with disabilities (as defined in section 602(3) of 
     the Individuals with Disabilities Education Act) necessary to 
     measure the academic achievement of such children relative to 
     the challenging State academic standards;
       ``(III) alternate assessments aligned with grade-level 
     academic standards, unless the State develops alternate 
     assessments aligned with alternate academic standards, 
     consistent with subparagraph (F), for students with the most 
     significant cognitive disabilities; and
       ``(IV) the inclusion of children who are English learners, 
     who shall be assessed in a valid and reliable manner and 
     provided reasonable accommodations on assessments 
     administered to such students under this paragraph, 
     including, to the extent practicable, assessments in the 
     language and form most likely to yield accurate data on what 
     such students know and can do in academic content areas, 
     until such students have achieved English language 
     proficiency, as determined pursuant to the English language 
     proficiency standards described in paragraph (1)(F);

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

       ``(I) each major racial and ethnic group;
       ``(II) economically disadvantaged students as compared to 
     students who are not economically disadvantaged;
       ``(III) students with disabilities as compared to 
     nondisabled students;
       ``(IV) English proficiency status;
       ``(V) gender; and
       ``(VI) migrant status; and

       ``(viii) produce, at a minimum, annual student achievement 
     data in mathematics and reading or language arts that is 
     valid, reliable, of adequate technical quality, and 
     comparable among all local educational agencies within the 
     State and that will be used in the State accountability 
     system under paragraph (3) and to meet reporting requirements 
     under subsection (d).
       ``(C) Exception to disaggregation.--Notwithstanding 
     subparagraph (B)(vii), the disaggregated results of 
     assessments shall not be required if--
       ``(i) the number of students in a category described under 
     subparagraph (B)(vii) is insufficient to yield statistically 
     reliable information; or
       ``(ii) the results would reveal personally identifiable 
     information about an individual student.
       ``(D) State-designed system.--Each State plan shall provide 
     a description of its State-designed assessment system, which 
     may include--
       ``(i) yearly academic assessments of all students against 
     the challenging State academic standards in the subjects 
     required under subparagraph (A)(i) and any other subjects as 
     determined by the State, that are administered--

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

       ``(ii) grade-span academic assessments of all students 
     against the challenging State academic standards in the 
     subjects required under subparagraph (A)(i) and any other 
     subjects as determined by the State, that are administered at 
     least once in--

       ``(I) grades 3 through 5;
       ``(II) grades 6 through 9; and
       ``(III) grades 10 through 12;

       ``(iii) a combination of yearly academic assessments 
     described in clause (i) and grade-span academic assessments 
     described in clause (ii) of all students against the 
     challenging State academic standards in the subjects required 
     under subparagraph (A)(i) and any other subjects as 
     determined by the State;
       ``(iv) performance-based academic assessments of all 
     students that may be used in a competency-based education 
     model that emphasizes mastery of standards and aligned 
     competencies;
       ``(v) formative assessments of all students that may be 
     used to inform teaching and learning;
       ``(vi) multiple statewide assessments during the course of 
     the year that can provide a summative score of individual 
     student academic growth; or
       ``(vii) any other system of assessments of all students 
     that meets the requirements of subparagraph (B) and the State 
     determines is appropriate to meet the purposes of this part.
       ``(E) Comparable data description.--Each State shall 
     describe how the annual student achievement data produced, at 
     a minimum, in mathematics and reading or language arts under 
     the assessment system described in this paragraph is valid, 
     reliable, of high-technical quality, and comparable among all 
     local educational agencies within the State.''.
       On page 58, strike lines 16 through 25.
                                 ______
                                 
  SA 2218. Mr. ALEXANDER (for Mr. Paul) 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 58, lines 24 and 25, strike ``determinations.'' and 
     insert ``determinations, except that a State shall allow the 
     parent of a student to opt such student out of an assessment 
     required under this paragraph for any

[[Page 11373]]

     reason or no reason at all and shall not include such student 
     in calculating the rate of participation under this 
     clause.''.
                                 ______
                                 
  SA 2219. Mr. BURR (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:

       Strike sections 1009, 1010, and 1011 and insert the 
     following:

     SEC. 1009. ALLOCATIONS.

       (a) In General.--Subpart 2 of part A of title I (20 U.S.C. 
     6331 et seq.) is amended--
       (1) by striking sections 1122, 1124A, 1125, 1125AA, and 
     1125A;
       (2) by redesignating section 1121 as section 1122;
       (3) by redesignating section 1124 as section 1121, and 
     transferring such section so as to precede section 1122 (as 
     redesignated by paragraph (2));
       (4) in section 1121, as redesignated and transferred by 
     paragraph (3)--
       (A) by striking the section heading and all that follows 
     through ``(c) Children To Be Counted.--'' and inserting the 
     following:

     ``SEC. 1121. DEFINITIONS; CHILDREN TO BE COUNTED.

       ``(a) Definitions.--In this subpart:
       ``(1) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       ``(2) High poverty percentage local educational agency.--
     The term `high poverty percentage local educational agency' 
     means a local educational agency for which the number of 
     children determined under subsection (b) for a fiscal year is 
     20 percent or more of the total population aged 5 to 17, 
     inclusive, of the local educational agency for such fiscal 
     year.
       ``(b) Children to Be Counted.--For purposes of section 
     1123, the number of children to be counted shall be 
     determined in accordance with the following:''; and
       (B) by striking subsection (d);
       (5) in section 1122(b)(3)(C)(ii), as redesignated by 
     paragraph (2), by striking ``challenging State academic 
     content standards'' and inserting ``challenging State 
     academic standards'';
       (6) by inserting after section 1122, as redesignated by 
     paragraph (2), the following:

     ``SEC. 1123. EQUITY GRANTS.

       ``(a) Authorization.--From funds appropriated under section 
     1002(a) for a fiscal year and not reserved under section 
     1122, the Secretary is authorized to make grants to States, 
     from allotments under subsection (b), to carry out the 
     programs and activities of this part.
       ``(b) Distribution Based Upon Concentrations of Poverty.--
       ``(1) In general.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), funds appropriated pursuant to subsection (a) for a 
     fiscal year shall be allotted to each State based upon the 
     number of children counted under section 1121(b) in such 
     State multiplied by the product of--
       ``(i) 40 percent of the average per-pupil expenditure in 
     the United States (other than the Commonwealth of Puerto 
     Rico); multiplied by
       ``(ii) 1.30 minus such State's equity factor described in 
     paragraph (2).
       ``(B) Puerto rico.--For each fiscal year, the Secretary 
     shall allot to the Commonwealth of Puerto Rico an amount of 
     the funds appropriated under subsection (a) that bears the 
     same relation to the total amount of funds appropriated under 
     such subsection as the amount that the Commonwealth of Puerto 
     Rico received under this subpart for fiscal year 2015 bears 
     to the total amount received by all States for such fiscal 
     year.
       ``(C) State minimum.--Notwithstanding any other provision 
     of this section, from the total amount available for any 
     fiscal year to carry out this section, each State (except for 
     Puerto Rico) shall be allotted at least the lesser of--
       ``(i) 0.35 percent of the total amount available to carry 
     out this section for such fiscal year; or
       ``(ii) the average of--

       ``(I) 0.35 percent of such total amount for such fiscal 
     year; and
       ``(II) 150 percent of the national average grant under this 
     section per child described in section 1121(b), without 
     application of a weighting factor, multiplied by the State's 
     total number of children described in section 1121(b), 
     without application of a weighting factor.

       ``(2) Equity factor.--
       ``(A) Determination.--
       ``(i) In general.--Except as provided in subparagraph (B), 
     the Secretary shall determine the equity factor under this 
     section for each State in accordance with clause (ii).
       ``(ii) Computation.--

       ``(I) In general.--For each State, the Secretary shall 
     compute a weighted coefficient of variation for the per-pupil 
     expenditures of local educational agencies in accordance with 
     subclauses (II), (III), and (IV).
       ``(II) Variation.--In computing coefficients of variation, 
     the Secretary shall weigh the variation between per-pupil 
     expenditures in each local educational agency and the average 
     per-pupil expenditures in the State according to the number 
     of pupils served by the local educational agency.
       ``(III) Number of pupils.--In determining the number of 
     pupils under this paragraph served by each local educational 
     agency and in each State, the Secretary shall multiply the 
     number of children counted under section 1121(b) by a factor 
     of 1.4.
       ``(IV) Enrollment requirement.--In computing coefficients 
     of variation, the Secretary shall include only those local 
     educational agencies with an enrollment of more than 200 
     students.

       ``(B) Special rule.--The equity factor for a State that 
     meets the disparity standard described in section 222.162 of 
     title 34, Code of Federal Regulations (as such section was in 
     effect on the day preceding the date of enactment of the No 
     Child Left Behind Act of 2001) or a State with only one local 
     educational agency shall be not greater than 0.10.
       ``(c) Use of Funds; Eligibility of Local Educational 
     Agencies.--All funds awarded to each State under this section 
     shall be allocated to local educational agencies under the 
     following provisions:
       ``(1) Distribution within local educational agencies.--
     Within local educational agencies, funds allocated under this 
     section shall be distributed to schools on a basis consistent 
     with section 1113, and may only be used to carry out 
     activities under this part.
       ``(2) Eligibility for grant.--A local educational agency in 
     a State is eligible to receive a grant under this section for 
     any fiscal year if--
       ``(A) the number of children in the local educational 
     agency counted under section 1121(b), before application of 
     the weighted child count described in subsection (d), is at 
     least 10; and
       ``(B) if the number of children counted for grants under 
     section 1121(b), before application of the weighted child 
     count described in subsection (d), is at least 5 percent of 
     the total number of children aged 5 to 17 years, inclusive, 
     in the school district of the local educational agency.
       ``(d) Allocation of Funds to Eligible Local Educational 
     Agencies.--
       ``(1) In general.--Funds received by States under this 
     section for a fiscal year shall be allocated within States to 
     eligible local educational agencies on the basis of weighted 
     child counts calculated in accordance with paragraph (2), 
     (3), or (4), as appropriate for each State.
       ``(2) States with an equity factor less than .10.--
       ``(A) In general.--In States with an equity factor less 
     than .10, the weighted child counts referred to in paragraph 
     (1) for a fiscal year shall be the larger of the two amounts 
     determined under subparagraphs (B) and (C).
       ``(B) By percentage of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1121(b) for that local educational agency who constitute not 
     more than 17.27 percent, inclusive, of the agency's total 
     population aged 5 to 17, inclusive, multiplied by 1.0;
       ``(ii) the number of such children who constitute more than 
     17.27 percent, but not more than 23.48 percent, of such 
     population, multiplied by 1.75;
       ``(iii) the number of such children who constitute more 
     than 23.48 percent, but not more than 29.11 percent, of such 
     population, multiplied by 2.5;
       ``(iv) the number of such children who constitute more than 
     29.11 percent, but not more than 36.10 percent, of such 
     population, multiplied by 3.25; and
       ``(v) the number of such children who constitute more than 
     36.10 percent of such population, multiplied by 4.0.
       ``(C) By number of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1121(b) who constitute not more than 834, inclusive, of the 
     agency's total population aged 5 to 17, inclusive, multiplied 
     by 1.0;
       ``(ii) the number of such children between 835 and 2,629, 
     inclusive, in such population, multiplied by 1.5;
       ``(iii) the number of such children between 2,630 and 
     7,668, inclusive, in such population, multiplied by 2.0; and
       ``(iv)(I) in the case of an agency that is not a high 
     poverty percentage local educational agency, the number of 
     such children in excess of 7,668 in such population, 
     multiplied by 2.0; or
       ``(II) in the case of a high poverty percentage local 
     educational agency--

       ``(aa) the number of such children between 7,669 and 
     26,412, inclusive, in such population, multiplied by 2.5; and
       ``(bb) the number of such children in excess of 26,412 in 
     such population, multiplied by 3.0.

       ``(3) States with an equity factor greater than or equal to 
     .10 and less than .20.--
       ``(A) In general.--In States with an equity factor greater 
     than or equal to .10 and less than .20, the weighted child 
     counts referred to in paragraph (1) for a fiscal year shall 
     be

[[Page 11374]]

     the larger of the two amounts determined under subparagraphs 
     (B) and (C).
       ``(B) By percentage of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1121(b) for that local educational agency who constitute not 
     more than 17.27 percent, inclusive, of the agency's total 
     population aged 5 to 17, inclusive, multiplied by 1.0;
       ``(ii) the number of such children who constitute more than 
     17.27 percent, but not more than 23.48 percent, of such 
     population, multiplied by 1.5;
       ``(iii) the number of such children who constitute more 
     than 23.48 percent, but not more than 29.11 percent, of such 
     population, multiplied by 3.0;
       ``(iv) the number of such children who constitute more than 
     29.11 percent, but not more than 36.10 percent, of such 
     population, multiplied by 4.5; and
       ``(v) the number of such children who constitute more than 
     36.10 percent of such population, multiplied by 6.0.
       ``(C) By number of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1121(b) who constitute not more than 834, inclusive, of the 
     agency's total population aged 5 to 17, inclusive, multiplied 
     by 1.0;
       ``(ii) the number of such children between 835 and 2,629, 
     inclusive, in such population, multiplied by 1.5;
       ``(iii) the number of such children between 2,630 and 
     7,668, inclusive, in such population, multiplied by 2.25; and
       ``(iv)(I) in the case of an agency that is not a high 
     poverty percentage local educational agency, the number of 
     such children in excess of 7,668 in such population, 
     multiplied by 2.25; or
       ``(II) in the case of a high poverty percentage local 
     educational agency--

       ``(aa) the number of such children between 7,669 and 
     26,412, inclusive, in such population, multiplied by 3.375; 
     and
       ``(bb) the number of such children in excess of 26,412 in 
     such population, multiplied by 4.5.

       ``(4) States with an equity factor greater than or equal to 
     .20.--
       ``(A) In general.--In States with an equity factor greater 
     than or equal to .20, the weighted child counts referred to 
     in paragraph (1) for a fiscal year shall be the larger of the 
     two amounts determined under subparagraphs (B) and (C).
       ``(B) By percentage of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1121(b) for that local educational agency who constitute not 
     more than 17.27 percent, inclusive, of the agency's total 
     population aged 5 to 17, inclusive, multiplied by 1.0;
       ``(ii) the number of such children who constitute more than 
     17.27 percent, but not more than 23.48 percent, of such 
     population, multiplied by 2.0;
       ``(iii) the number of such children who constitute more 
     than 23.48 percent, but not more than 29.11 percent, of such 
     population, multiplied by 4.0;
       ``(iv) the number of such children who constitute more than 
     29.11 percent, but not more than 36.10 percent, of such 
     population, multiplied by 6.0; and
       ``(v) the number of such children who constitute more than 
     36.10 percent of such population, multiplied by 8.0.
       ``(C) By number of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1121(b) who constitute not more than 834, inclusive, of the 
     agency's total population aged 5 to 17, inclusive, multiplied 
     by 1.0;
       ``(ii) the number of such children between 835 and 2,629, 
     inclusive, in such population, multiplied by 2.0;
       ``(iii) the number of such children between 2,630 and 
     7,668, inclusive, in such population, multiplied by 3.0; and
       ``(iv)(I) in the case of an agency that is not a high 
     poverty percentage local educational agency, the number of 
     such children in excess of 7,668 in such population, 
     multiplied by 3.0; or
       ``(II) in the case of a high poverty percentage local 
     educational agency--

       ``(aa) the number of such children between 7,669 and 
     26,412, inclusive, in such population, multiplied by 4.5; and
       ``(bb) the number of such children in excess of 26,412 in 
     such population, multiplied by 6.0.

       ``(e) Maintenance of Effort.--
       ``(1) In general.--A State is entitled to receive its full 
     allotment of funds under this section for any fiscal year if 
     the Secretary finds that the State's fiscal effort per 
     student or the aggregate expenditures of the State with 
     respect to the provision of free public education by the 
     State for the preceding fiscal year was not less than 90 
     percent of the fiscal effort or aggregate expenditures for 
     the second preceding fiscal year, subject to the requirements 
     of paragraph (2).
       ``(2) Reduction in case of failure to meet.--
       ``(A) In general.--The Secretary shall reduce the amount of 
     the allotment of funds under this section in any fiscal year 
     in the exact proportion by which a State fails to meet the 
     requirement of paragraph (1) by falling below 90 percent of 
     both the fiscal effort per student and aggregate expenditures 
     (using the measure most favorable to the State), if such 
     State has also failed to meet such requirement (as determined 
     using the measure most favorable to the State) for 1 or more 
     of the 5 immediately preceding fiscal years.
       ``(B) Special rule.--No such lesser amount shall be used 
     for computing the effort required under paragraph (1) for 
     subsequent years.
       ``(3) Waiver.--The Secretary may waive the requirements of 
     this subsection if the Secretary determines that a waiver 
     would be equitable due to--
       ``(A) exceptional or uncontrollable circumstances, such as 
     a natural disaster or a change in the organizational 
     structure of the State; or
       ``(B) a precipitous decline in the financial resources of 
     the State.
       ``(f) Adjustments Where Necessitated by Appropriations.--
       ``(1) In general.--If the sums available under this section 
     for any fiscal year are insufficient to pay the full amounts 
     that all local educational agencies in States are eligible to 
     receive under this section for such year, the Secretary shall 
     ratably reduce the allocations to such local educational 
     agencies, subject to paragraphs (2) and (3).
       ``(2) Additional funds.--If additional funds become 
     available for making payments under this section for such 
     fiscal year, allocations that were reduced under paragraph 
     (1) shall be increased on the same basis as they were 
     reduced.
       ``(3) Hold harmless amounts.--
       ``(A) In general.--For each fiscal year, if sufficient 
     funds are available, the amount made available to each local 
     educational agency under this section shall be--
       ``(i) not less than 95 percent of the amount made available 
     for the preceding fiscal year if the number of children 
     counted under section 1121(b) is equal to or more than 30 
     percent of the total number of children aged 5 to 17 years, 
     inclusive, in the local educational agency;
       ``(ii) not less than 90 percent of the amount made 
     available for the preceding fiscal year if the percentage 
     described in clause (i) is less than 30 percent and equal to 
     or more than 15 percent; and
       ``(iii) not less than 85 percent of the amount made 
     available for the preceding fiscal year if the percentage 
     described in clause (i) is less than 15 percent.
       ``(B) Special transition rule.--Notwithstanding any other 
     provision of this subsection, for the first fiscal year after 
     the date of enactment of the Every Child Achieves Act of 
     2015, subparagraph (A) shall apply based on the amounts 
     received under sections 1124, 1124A, 1125, and 1125A, as in 
     effect on the day before the date of enactment of the Every 
     Child Achieves Act of 2015.
       ``(C) Additional flexibility.--Notwithstanding subparagraph 
     (A) or subsection (d), for each fiscal year, a State may 
     elect to make allocations for all local educational agencies 
     in the State in accordance with 1 of the following:
       ``(i) Allocations based on 2015 funding.--If, for a fiscal 
     year, the State receives an allotment under this section in 
     an amount that exceeds the sum of the allocations for all 
     local educational agencies in the State under this subpart 
     for fiscal year 2015, as such subpart was in effect on the 
     day before the date of enactment of the Every Child Achieves 
     Act of 2015, the State may elect to make an allocation to 
     each local educational agency in the State that would 
     otherwise receive an allocation that is less than the 
     allocation received under this subpart by the local 
     educational agency for 2015 (including each local educational 
     agency not otherwise eligible for such allocation under 
     subsection (c) or (d)) in an amount that--

       ``(I) exceeds the allocation the local educational agency 
     would receive under subsection (d); and
       ``(II) is not more than the amount of the allocation for 
     the local educational agency under this subpart for fiscal 
     year 2015.

       ``(ii) Allocations based on funds for sections 1122, 1124, 
     1124a, 1125, and 1125a.--If, for a fiscal year, a State 
     receives an allotment under this section in an amount that 
     exceeds the sum of the allocations that all local educational 
     agencies in the State would have received for such fiscal 
     year under sections 1122, 1124, 1124A, 1125, and 1125A, as 
     such sections were in effect on the day before the date of 
     enactment of the Every Child Achieves Act of 2015, the State 
     may elect to make allocations to each local educational 
     agency in the State (including any local educational agency 
     not otherwise eligible for such allocation under subsection 
     (c) or (d)), in an amount that equals the amount of the 
     allocation that the local educational agency would have 
     received for such year in accordance with sections 1122, 
     1124, 1124A, 1125, and 1125A, as in effect on the day before 
     the date of enactment of the Every Child Achieves Act of 
     2015.
       ``(D) Distribution of additional funds.--In any case where 
     a State elects to allocate funds under this subpart for a 
     fiscal year in

[[Page 11375]]

     accordance with clause (i) or (ii) of subparagraph (C), the 
     State shall allocate, in accordance with subsection (d), all 
     funds in excess of the amounts necessary to carry out such 
     clause to the local educational agencies in the State that 
     would receive a greater amount of such funds under subsection 
     (d) than received under such clause.
       ``(4) Applicability.--Notwithstanding any other provision 
     of law, the Secretary shall not take into consideration the 
     hold-harmless provisions of this subsection for any fiscal 
     year for purposes of calculating State or local allocations 
     for the fiscal year under any program administered by the 
     Secretary other than a program authorized under this part.'';
       (7) by redesignating sections 1126 and 1127 as sections 
     1124 and 1125, respectively;
       (8) in section 1124, as redesignated by paragraph (7)--
       (A) by striking ``sections 1124, 1124A, 1125, and 1125A'' 
     each place the term appears and inserting ``section 1123''; 
     and
       (B) in subsection (a)(1), by striking ``section 
     1124(c)(1)(B)'' and inserting ``section 1121(b)(1)(B)''.
                                 ______
                                 
  SA 2220. Ms. HIRONO 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 616 strike line 6 and all that follows through line 
     24.
                                 ______
                                 
  SA 2221. Ms. HIRONO 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 628, strike line 24 and all that follows 
     through page 629, line 24.
                                 ______
                                 
  SA 2222. Mr. MANCHIN (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 69, between lines 16 and 17, insert the following:
       ``(N) if applicable, how the State educational agency will 
     provide support to local educational agencies for the 
     education of children facing substance abuse in the home, 
     which may include how such agency will provide professional 
     development, training, and technical assistance to local 
     educational agencies, elementary schools, and secondary 
     schools in communities with high rates of substance abuse; 
     and''.
                                 ______
                                 
  SA 2223. Mr. DONNELLY (for himself 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 343, line 17, by inserting ``economics,'' before 
     ``and geography''.
       On page 344, line 5, by inserting ``economics,'' before 
     ``and geography''.
       On page 344, line 18, by inserting ``economics,'' before 
     ``and geography''.
       On page 345, line 23, by striking ``geography, and civics'' 
     and inserting ``civics, economics, and geography''.
                                 ______
                                 
  SA 2224. 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) regularly conducting, and publicly reporting the 
     results of, an assessment and a plan to address such results, 
     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 safety and climate;
       ``(II) availability and use of common planning time and 
     opportunities to collaborate; and
       ``(III) community engagement; and

       ``(iii) is developed with teachers, leaders, other school 
     personnel, parents, students, and the community; and
                                 ______
                                 
  SA 2225. 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 and easily accessible manner on the local 
     educational agency's website and, where practicable, on the 
     website of each school served by the local educational 
     agency) for each grade served by the local educational 
     agency, information on each assessment required by the State 
     to comply with section 1111, other assessments required by 
     the State, and where such information is available and 
     feasible to report, assessments required districtwide by the 
     local educational agency, including--
       ``(i) the subject matter assessed;
       ``(ii) the purpose for which the assessment is designed and 
     used;
       ``(iii) the source of the requirement for the assessment; 
     and
       ``(iv) where such information is available--

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

       ``(B) Local educational agency that does not operate a 
     website.--In the case of a local educational agency that does 
     not operate a website, such local educational agency shall 
     determine how to make the information described in 
     subparagraph (A) widely available, such as through 
     distribution of that information to the media, through public 
     agencies, or directly to parents.
                                 ______
                                 
  SA 2226. Mr. TESTER 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 title IV, add the following:

     SEC. 4006. INCREASING THE NUMBER OF SCHOOL NURSES.

       Title IV (20 U.S.C. 7101 et seq.), as amended by sections 
     4001, 4004, and 4005 is further amended by adding at the end 
     the following:

                        ``PART E--SCHOOL NURSES

     ``SEC. 4501. INCREASING THE NUMBER OF SCHOOL NURSES.

       ``(a) Definitions.--In this section:
       ``(1) Acuity.--The term `acuity', when used with respect to 
     a level, means the level of a patient's sickness, such as a 
     chronic condition, which influences the need for nursing 
     care.
       ``(2) Eligible entity.--The term `eligible entity' means--
       ``(A) a local educational agency in which not less than 20 
     percent of the children are eligible to participate in the 
     school lunch program established under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.); or
       ``(B) a consortium of local educational agencies described 
     in subparagraph (A).
       ``(3) High-need local educational agency.--The term `high-
     need local educational agency' has the meaning given such 
     term in section 2002(b)(2).
       ``(4) Nurse.--The term `nurse' means a registered nurse, as 
     defined under State law.
       ``(5) Workload.--The term `workload', when used with 
     respect to a nurse, means the amount of time the nurse takes 
     to provide care and complete the other tasks for which the 
     nurse is responsible.
       ``(b) Demonstration Grant Program Authorized.--From amounts 
     appropriated to carry out this section, the Secretary of 
     Education, in consultation with the Secretary of Health and 
     Human Services and the Director of the Centers for Disease 
     Control and Prevention, shall award demonstration grants, on 
     a competitive basis, to eligible entities to pay the Federal 
     share of the costs of increasing the number of school nurses 
     in the public elementary schools and secondary schools served 
     by the eligible entity, which may include hiring a school 
     nurse to serve schools in multiple school districts.
       ``(c) Applications.--

[[Page 11376]]

       ``(1) In general.--An eligible entity desiring a grant 
     under this section shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall include information with respect to the current (as 
     of the date of application) number of school nurses, student 
     health acuity levels, and workload of school nurses in each 
     of the public elementary schools and secondary schools served 
     by the eligible entity.
       ``(d) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to each application submitted 
     by an eligible entity that--
       ``(1) is a high-need local educational agency or a 
     consortium composed of high-need local educational agencies; 
     and
       ``(2) demonstrates--
       ``(A) the greatest need for new or additional nursing 
     services among students in the public elementary schools and 
     secondary schools served by the agency or consortium; or
       ``(B) that the eligible entity does not have a school nurse 
     in any of the public elementary schools and secondary schools 
     served by the eligible entity.
       ``(e) Federal Share; Non-Federal Share.--
       ``(1) Federal share.--The Federal share of a grant under 
     this section--
       ``(A) shall not exceed 75 percent for each year of the 
     grant; and
       ``(B) in the case of a multi-year grant, shall decrease for 
     each succeeding year of the grant, in order to ensure the 
     continuity of the increased hiring level of school nurses 
     using State or local sources of funding following the 
     conclusion of the grant.
       ``(2) Non-federal share.--The non-Federal share of a grant 
     under this section may be in cash or in-kind, and may be 
     provided from State resources, local resources, contributions 
     from private organizations, or a combination thereof.
       ``(3) Waiver.--The Secretary may waive or reduce the non-
     Federal share of an eligible entity receiving a grant under 
     this section if the eligible entity demonstrates an economic 
     hardship.
       ``(f) Report.--Not later than 2 years after the date on 
     which a grant is first made to a local educational agency 
     under this section, the Secretary shall submit to Congress a 
     report on the results of the demonstration grant program 
     carried out under this section, including an evaluation of--
       ``(1) the effectiveness of the program in increasing the 
     number of school nurses; and
       ``(2) the impact of any resulting enhanced health of 
     students on learning, such as academic achievement, 
     attendance, and classroom time.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for each of fiscal years 2016 
     through 2020.''.
                                 ______
                                 
  SA 2227. Mr. CORNYN 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 title X, add the following:

     SEC. 10202. EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999 
                   REAUTHORIZATION.

       (a) Definitions.--Section 3 of the Education Flexibility 
     Partnership Act of 1999 (20 U.S.C. 5891a) is amended--
       (1) in paragraph (1)--
       (A) in the paragraph heading, by striking ``Local'' and 
     inserting ``Educational service agency; local''; and
       (B) by striking ``The terms'' and inserting ``The terms 
     `educational service agency',''; and
       (2) in paragraph (2), by striking ``section 1113(a)(2)'' 
     and inserting ``section 1113(a)(1)(B)''.
       (b) General Provisions.--Section 4 of the Education 
     Flexibility Partnership Act of 1999 (20 U.S.C. 5891b) is 
     amended to read as follows:

     ``SEC. 4. EDUCATION FLEXIBILITY PROGRAM.

       ``(a) Educational Flexibility Program.--
       ``(1) Program authorized.--
       ``(A) In general.--The Secretary may carry out an 
     educational flexibility program under which the Secretary 
     authorizes a State educational agency that serves an eligible 
     State to waive statutory or regulatory requirements 
     applicable to one or more programs described in subsection 
     (b), other than requirements described in subsection (c), for 
     any local educational agency, educational service agency, or 
     school within the State.
       ``(B) Designation.--Each eligible State participating in 
     the program described in subparagraph (A) shall be known as 
     an `Ed-Flex Partnership State'.
       ``(2) Eligible state.--For the purpose of this section, the 
     term `eligible State' means a State that--
       ``(A) has--
       ``(i) developed and implemented the challenging State 
     academic standards, and aligned assessments, described in 
     paragraphs (1) and (2) of section 1111(b) of the Elementary 
     and Secondary Education Act of 1965, and is producing the 
     report cards required by section 1111(d)(2) of such Act; or
       ``(ii) if the State has adopted new challenging State 
     academic standards under section 1111(b)(1) of the Elementary 
     and Secondary Education Act of 1965, as a result of the 
     amendments made to such Act by the Every Child Achieves Act 
     of 2015, and has made substantial progress (as determined by 
     the Secretary) toward developing and implementing such 
     standards and toward producing the report cards required 
     under section 1111(d)(2) of such Act;
       ``(B) will hold local educational agencies, educational 
     service agencies, and schools accountable for meeting the 
     educational goals described in the local applications 
     submitted under paragraph (4) and for engaging in technical 
     assistance and, as applicable and appropriate, intervention 
     and support strategies consistent with section 1114 of the 
     Elementary and Secondary Education Act of 1965, for the 
     schools that are identified as in need of intervention and 
     support as described in section 1111(b)(3) of such Act; and
       ``(C) waives State statutory or regulatory requirements 
     relating to education while holding local educational 
     agencies, educational service agencies, or schools within the 
     State that are affected by such waivers accountable for the 
     performance of the students who are affected by such waivers.
       ``(3) State application.--
       ``(A) In general.--Each State educational agency desiring 
     to participate in the educational flexibility program under 
     this section shall submit an application to the Secretary at 
     such time, in such manner, and containing such information as 
     the Secretary may reasonably require. Each such application 
     shall demonstrate that the eligible State has adopted an 
     educational flexibility plan for the State that includes--
       ``(i) a description of the process the State educational 
     agency will use to evaluate applications from local 
     educational agencies, educational service agencies, or 
     schools requesting waivers of--

       ``(I) Federal statutory or regulatory requirements as 
     described in paragraph (1)(A); and
       ``(II) State statutory or regulatory requirements relating 
     to education;

       ``(ii) a detailed description of the State statutory and 
     regulatory requirements relating to education that the State 
     educational agency will waive;
       ``(iii) a description of clear educational objectives the 
     State intends to meet under the educational flexibility plan, 
     which may include innovative methods to leverage resources to 
     improve program efficiencies that benefit students;
       ``(iv) a description of how the educational flexibility 
     plan is coordinated with activities described in section 
     1111(b) of the Elementary and Secondary Education Act of 1965 
     and section 1114 of such Act;
       ``(v) a description of how the State educational agency 
     will evaluate (consistent with the requirements of title I of 
     the Elementary and Secondary Education Act of 1965), the 
     performance of students in the schools, educational service 
     agencies, and local educational agencies affected by the 
     waivers; and
       ``(vi) a description of how the State educational agency 
     will meet the requirements of paragraph (7).
       ``(B) Approval and considerations.--
       ``(i) In general.--By not later than 90 days after the date 
     on which a State has submitted an application described in 
     subparagraph (A), the Secretary shall issue a written 
     decision that explains why such application has been approved 
     or disapproved, and the process for revising and resubmitting 
     the application for reconsideration.
       ``(ii) Approval.--The Secretary may approve an application 
     described in subparagraph (A) only if the Secretary 
     determines that such application demonstrates substantial 
     promise of assisting the State educational agency and 
     affected local educational agencies, educational service 
     agencies, and schools within the State in carrying out 
     comprehensive educational reform, after considering--

       ``(I) the eligibility of the State as described in 
     paragraph (2);
       ``(II) the comprehensiveness and quality of the educational 
     flexibility plan described in subparagraph (A);
       ``(III) the ability of the educational flexibility plan to 
     ensure accountability for the activities and goals described 
     in such plan;
       ``(IV) the degree to which the State's objectives described 
     in subparagraph (A)(iii)--

       ``(aa) are clear and have the ability to be assessed; and
       ``(bb) take into account the performance of local 
     educational agencies, educational service agencies, or 
     schools, and students, particularly those affected by 
     waivers;

       ``(V) the significance of the State statutory or regulatory 
     requirements relating to education that will be waived; and
       ``(VI) the quality of the State educational agency's 
     process for approving applications for waivers of Federal 
     statutory or regulatory requirements as described in 
     paragraph (1)(A) and for monitoring and evaluating the 
     results of such waivers.

[[Page 11377]]

       ``(4) Local application.--
       ``(A) In general.--Each local educational agency, 
     educational service agency, or school requesting a waiver of 
     a Federal statutory or regulatory requirement as described in 
     paragraph (1)(A) and any relevant State statutory or 
     regulatory requirement from a State educational agency shall 
     submit an application to the State educational agency at such 
     time, in such manner, and containing such information as the 
     State educational agency may reasonably require. Each such 
     application shall--
       ``(i) indicate each Federal program affected and each 
     statutory or regulatory requirement that will be waived;
       ``(ii) describe the purposes and overall expected results 
     of waiving each such requirement, which may include 
     innovative methods to leverage resources to improve program 
     efficiencies that benefit students;
       ``(iii) describe, for each school year, specific, 
     measurable, educational goals for each local educational 
     agency, educational service agency, or school affected by the 
     proposed waiver, and for the students served by the local 
     educational agency, educational service agency, or school who 
     are affected by the waiver;
       ``(iv) explain why the waiver will assist the local 
     educational agency, educational service agency, or school in 
     reaching such goals; and
       ``(v) in the case of an application from a local 
     educational agency or educational service agency, describe 
     how the agency will meet the requirements of paragraph (7).
       ``(B) Evaluation of applications.--A State educational 
     agency shall evaluate an application submitted under 
     subparagraph (A) in accordance with the State's educational 
     flexibility plan described in paragraph (3)(A).
       ``(C) Approval.--A State educational agency shall not 
     approve an application for a waiver under this paragraph 
     unless--
       ``(i) the local educational agency, educational service 
     agency, or school requesting such waiver has developed a 
     local reform plan that--

       ``(I) is applicable to such agency or school, respectively; 
     and
       ``(II) may include innovative methods to leverage resources 
     to improve program efficiencies that benefit students;

       ``(ii) the waiver of Federal statutory or regulatory 
     requirements as described in paragraph (1)(A) will assist the 
     local educational agency, educational service agency, or 
     school in reaching its educational goals, particularly goals 
     with respect to school and student performance; and
       ``(iii) the State educational agency is satisfied that the 
     underlying purposes of the statutory requirements of each 
     program for which a waiver is granted will continue to be 
     met.
       ``(D) Termination.--The State educational agency shall 
     annually review the performance of any local educational 
     agency, educational service agency, or school granted a 
     waiver of Federal statutory or regulatory requirements as 
     described in paragraph (1)(A) in accordance with the 
     evaluation requirement described in paragraph (3)(A)(v), and 
     shall terminate or temporarily suspend any waiver granted to 
     the local educational agency, educational service agency, or 
     school if the State educational agency determines, after 
     notice and an opportunity for a hearing, that--
       ``(i) there is compelling evidence of systematic waste, 
     fraud, or abuse;
       ``(ii) the performance of the local educational agency, 
     educational service agency, or school with respect to meeting 
     the accountability requirement described in paragraph (2)(C) 
     and the goals described in paragraph (4)(A)(iii) has been 
     inadequate to justify continuation of such waiver;
       ``(iii) student achievement in the local educational 
     agency, educational service agency, or school has decreased; 
     or
       ``(iv) goals established by the State under section 
     1111(b)(3) of the Elementary and Secondary Education Act of 
     1965 have not been met.
       ``(5) Oversight and reporting.--
       ``(A) Oversight.--Each State educational agency 
     participating in the educational flexibility program under 
     this section shall annually monitor the activities of local 
     educational agencies, educational service agencies, and 
     schools receiving waivers under this section.
       ``(B) State reports.--
       ``(i) Annual reports.--The State educational agency shall 
     submit to the Secretary an annual report on the results of 
     such oversight and the impact of the waivers on school and 
     student performance.
       ``(ii) Performance data.--Not later than 2 years after the 
     date a State is designated an Ed-Flex Partnership State, each 
     such State shall include, as part of the State's annual 
     report submitted under clause (i), data demonstrating the 
     degree to which progress has been made toward meeting the 
     State's educational objectives. The data, when applicable, 
     shall include--

       ``(I) information on the total number of waivers granted 
     for Federal and State statutory and regulatory requirements 
     under this section, including the number of waivers granted 
     for each type of waiver;
       ``(II) information describing the effect of the waivers on 
     the implementation of State and local educational reforms 
     pertaining to school and student performance;
       ``(III) information describing the relationship of the 
     waivers to the performance of schools and students affected 
     by the waivers; and
       ``(IV) an assurance from State program managers that the 
     data reported under this section are reliable, complete, and 
     accurate, as defined by the State, or a description of a plan 
     for improving the reliability, completeness, and accuracy of 
     such data as defined by the State.

       ``(C) Secretary's reports.--The Secretary shall annually--
       ``(i) make each State report submitted under subparagraph 
     (B) available to Congress and the public; and
       ``(ii) submit to Congress a report that summarizes the 
     State reports and describes the effects that the educational 
     flexibility program under this section had on the 
     implementation of State and local educational reforms and on 
     the performance of students affected by the waivers.
       ``(6) Duration of federal waivers.--
       ``(A) In general.--
       ``(i) Duration.--The Secretary shall approve the 
     application of a State educational agency under paragraph (3) 
     for a period of not more than 5 years.
       ``(ii) Automatic extension during review.--The Secretary 
     shall automatically extend the authority of a State to 
     continue as an Ed-Flex Partnership State until the Secretary 
     has--

       ``(I) completed the performance review of the State 
     educational agency's education flexibility plan as described 
     in subparagraph (B); and
       ``(II) issued a final decision of any pending request for 
     renewal that was submitted by the State educational agency.

       ``(iii) Extension of approval.--The Secretary may extend 
     the authority of a State to continue as an Ed-Flex 
     Partnership State if the Secretary determines that the 
     authority of the State educational agency to grant waivers--

       ``(I) has been effective in enabling such State or affected 
     local educational agencies, educational service agencies, or 
     schools to carry out their State or local reform plans and to 
     continue to meet the accountability requirement described in 
     paragraph (2)(C); and
       ``(II) has improved student performance.

       ``(B) Performance review.--
       ``(i) In general.--Following the expiration of an approved 
     educational flexibility program for a State that is 
     designated an Ed-Flex Partnership State, the Secretary shall 
     have not more than 180 days to complete a review of the 
     performance of the State educational agency in granting 
     waivers of Federal statutory or regulatory requirements as 
     described in paragraph (1)(A) to determine if the State 
     educational agency--

       ``(I) has achieved, or is making substantial progress 
     towards achieving, the objectives described in the 
     application submitted pursuant to paragraph (3)(A)(iii) and 
     the specific goals established in section 1111(b)(3) of the 
     Elementary and Secondary Education Act of 1965; and
       ``(II) demonstrates that local educational agencies, 
     educational service agencies, or schools affected by the 
     waiver authority or waivers have achieved, or are making 
     progress toward achieving, the desired results described in 
     the application submitted pursuant to paragraph (4)(A)(iii).

       ``(ii) Termination of authority.--The Secretary shall 
     terminate the authority of a State educational agency to 
     grant waivers of Federal statutory or regulatory requirements 
     as described in paragraph (1)(A) if the Secretary determines, 
     after providing the State educational agency with notice and 
     an opportunity for a hearing, that such agency's performance 
     has been inadequate to justify continuation of such authority 
     based on agency's performance against specific goals in 
     section 1111(b)(3) of the Elementary and Secondary Education 
     Act of 1965.
       ``(C) Renewal.--
       ``(i) In general.--Each State educational agency desiring 
     to renew an approved educational flexibility program under 
     this section shall submit a request for renewal to the 
     Secretary not later than the date of expiration of the 
     approved educational flexibility program.
       ``(ii) Timing for renewal.--The Secretary shall either 
     approve or deny the request for renewal by not later than 90 
     days after completing the performance review of the State 
     described in paragraph (6)(B).
       ``(iii) Determination.--In deciding whether to extend a 
     request of a State educational agency for the authority to 
     issue waivers under this section, the Secretary shall review 
     the progress of the State educational agency to determine if 
     the State educational agency--

       ``(I) has made progress toward achieving the objectives 
     described in the State application submitted pursuant to 
     paragraph (3)(A)(iii); and
       ``(II) demonstrates in the request that local educational 
     agencies, educational service agencies, or schools affected 
     by the waiver authority or waivers have made progress toward 
     achieving the desired results described in the local 
     application submitted pursuant to paragraph (4)(A)(iii).

       ``(D) Termination.--

[[Page 11378]]

       ``(i) In general.--The Secretary shall terminate or 
     temporarily suspend the authority of a State educational 
     agency to grant waivers under this section if the Secretary 
     determines that--

       ``(I) there is compelling evidence of systematic waste, 
     fraud or abuse; or
       ``(II) after notice and an opportunity for a hearing, such 
     agency's performance (including performance with respect to 
     meeting the objectives described in paragraph (3)(A)(iii)) 
     has been inadequate to justify continuation of such 
     authority.

       ``(ii) Limited compliance period.--A State whose authority 
     to grant such waivers has been terminated shall have not more 
     than 1 additional fiscal year to come into compliance in 
     order to seek renewal of the authority to grant waivers under 
     this section.
       ``(7) Public notice and comment.--Each State educational 
     agency seeking waiver authority under this section and each 
     local educational agency, educational service agency, or 
     school seeking a waiver under this section--
       ``(A) shall provide the public with adequate and efficient 
     notice of the proposed waiver authority or waiver, consisting 
     of a description of the agency's application for the proposed 
     waiver authority or waiver on each agency's website, 
     including a description of any improved student performance 
     that is expected to result from the waiver authority or 
     waiver;
       ``(B) shall provide the opportunity for parents, educators, 
     school administrators, and all other interested members of 
     the community to comment regarding the proposed waiver 
     authority or waiver;
       ``(C) shall provide the opportunity described in 
     subparagraph (B) in accordance with any applicable State law 
     specifying how the comments may be received, and how the 
     comments may be reviewed by any member of the public; and
       ``(D) shall submit the comments received with the 
     application of the agency or school to the Secretary or the 
     State educational agency, as appropriate.
       ``(b) Included Programs.--The statutory or regulatory 
     requirements referred to in subsection (a)(1)(A) are any such 
     requirements for programs that are authorized under the 
     following provisions and under which the Secretary provides 
     funds to State educational agencies on the basis of a 
     formula:
       ``(1) The following provisions of the Elementary and 
     Secondary Education Act of 1965:
       ``(A) Part A of title I (other than sections 1111 and 
     1114).
       ``(B) Part C of title I.
       ``(C) Part D of title I.
       ``(D) Part A of title II.
       ``(E) Part G of title V.
       ``(2) Title VII of the McKinney-Vento Homeless Assistance 
     Act. (42 U.S.C. 11301 et seq.).
       ``(3) The Carl D. Perkins Career and Technical Education 
     Act of 2006 (20 U.S.C. 2301 et seq.).
       ``(c) Waivers Not Authorized.--The Secretary and the State 
     educational agency may not waive under subsection (a)(1)(A) 
     any statutory or regulatory requirement--
       ``(1) relating to--
       ``(A) maintenance of effort;
       ``(B) comparability of services;
       ``(C) equitable participation of students and professional 
     staff in private schools;
       ``(D) parental participation and involvement;
       ``(E) distribution of funds to States or to local 
     educational agencies;
       ``(F) serving eligible school attendance areas in rank 
     order under section 1113(a)(1)(C) of the Elementary and 
     Secondary Education Act of 1965;
       ``(G) the selection of a school attendance area or school 
     under paragraphs (1) and (2) of section 1113(a) of the 
     Elementary and Secondary Education Act of 1965, except that a 
     State educational agency may grant a waiver to allow a school 
     attendance area or school to participate in activities under 
     part A of title I of such Act if the percentage of children 
     from low-income families in the school attendance area of 
     such school or who attend such school is not less than 10 
     percentage points below the lowest percentage of such 
     children for any school attendance area or school of the 
     local educational agency that meets the requirements of such 
     paragraphs (1) and (2);
       ``(H) use of Federal funds to supplement, not supplant, 
     non-Federal funds; and
       ``(I) applicable civil rights requirements; and
       ``(2) unless the State educational agency can demonstrate 
     that the underlying purposes of the statutory requirements of 
     the program for which a waiver is granted continue to be met 
     to the satisfaction of the Secretary.
       ``(d) Treatment of Existing Ed-flex Partnership States.--
       ``(1) In general.--Any designation of a State as an Ed-Flex 
     Partnership State that was in effect on the date of enactment 
     of this Act shall be immediately extended for a period of not 
     more than 5 years, if the Secretary makes the determination 
     described in paragraph (2).
       ``(2) Determination.--The determination referred to in 
     paragraph (1) is a determination that the performance of the 
     State educational agency, in carrying out the programs for 
     which the State has received a waiver under the educational 
     flexibility program, justifies the extension of the 
     designation.
       ``(e) Publication.--A notice of the Secretary's decision to 
     authorize State educational agencies to issue waivers under 
     this section, including a description of the rationale the 
     Secretary used to approve applications under subsection 
     (a)(3)(B), shall be published in the Federal Register and the 
     Secretary shall provide for the dissemination of such notice 
     to State educational agencies, interested parties (including 
     educators, parents, students, and advocacy and civil rights 
     organizations), and the public.''.
                                 ______
                                 
  SA 2228. Mr. THUNE (for himself, Mr. Barrasso, Ms. Heitkamp, and Mr. 
Heinrich) 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 title VII of the amendment, add the 
     following:

     SEC. 7___. ACCESS TO FEDERAL INSURANCE.

       Section 409 of the Indian Health Care Improvement Act (25 
     U.S.C. 1647b) is amended by inserting ``or the Tribally 
     Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.)'' 
     after ``(25 U.S.C. 450 et seq.)''.

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